National Gas (Tasmania) Law and National Gas (Tasmania) Regulations. The core of this Act is the application of the text set out in the Schedule to the South Australian Act (section 7) and the regulations under Part 3 of that Act (section 8). The imported law and regulations operate as if they were enacted by the Tasmanian Parliament, and they can be referred to using the Tasmanian title. The South Australian Acts Interpretation Act does not apply to them in their Tasmanian application (section 9(2)), so Tasmanian interpretation rules govern how the National Gas (Tasmania) Law is read.

Cross-vesting of powers. Sections 10, 11 and 12 create a web of extra territorial authority. The Commonwealth Minister, the AER, the NCC (National Competition Council) and the Tribunal (the Australian Competition Tribunal) may perform functions or exercise powers in or in relation to Tasmania if those functions or powers are expressed to be conferred on them by the national gas legislation of another participating jurisdiction. Similarly, a minister of another participating jurisdiction may act in Tasmania under that other jurisdiction’s legislation. The Tasmanian Minister may also perform functions or exercise powers conferred by the national gas legislation of another participating jurisdiction, and may do all things necessary or convenient in connection with that performance. This prevents gaps where a regulatory decision must be made by a body that lacks direct Tasmanian statutory authority.

Exempt matter and tax exemption. Section 13 defines an “exempt matter” as a transfer of assets or liabilities made to ensure a person does not carry on a business in breach of ring-fencing requirements of the national gas legislation, or made to comply with an AER ring-fencing determination. The Treasurer must declare the transfer an exempt matter by notice in the Gazette. Once declared, state duties and taxes (such as stamp duty or land tax) are not payable in relation to the transfer or anything done because of it. This reduces the cost of restructuring to meet ring-fencing obligations, but the exemption is not automatic: it depends on a ministerial declaration.

Cross-boundary pipelines. Section 14 defines a cross-boundary pipeline as either a cross-boundary transmission pipeline or a cross-boundary distribution pipeline. Where a pipeline crosses jurisdictional boundaries, any action taken under the national gas legislation of one participating jurisdiction (by or in relation to a relevant minister, or by a court in relation to that action) is taken also to be under the legislation of each other participating jurisdiction in which part of the pipeline lies. However, subsection (2) imposes a significant limitation: no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Supreme Court of Tasmania to challenge a relevant minister’s action or purported action in relation to a cross-boundary distribution pipeline unless Tasmania has been determined to be the participating jurisdiction with which the pipeline is most closely connected. This restricts access to Tasmanian courts for such challenges until a jurisdictional determination is made.

Adjacent areas and offshore application. Section 5 extends the Act and the imported law to coastal waters (the sea on the landward side of the offshore adjacent area) as if those waters were within the limits of the State. The definitions in section 9(1) tie “adjacent area of this jurisdiction” to the offshore area of Tasmania under section 7 of the Commonwealth Offshore Petroleum Act 2006. Section 17 contemplates an amendment to those definitions when that Commonwealth Act commences, which has now occurred. The Act also declares an intention of extra territorial operation to the full extent of the State’s legislative power (section 6).

Court. The Act defines “Court” as the Supreme Court of Tasmania (section 9(1)). This designation ensures that references to “the Court” in the National Gas (Tasmania) Law, which would otherwise be ambiguous across jurisdictions, are fixed to the Tasmanian Supreme Court for proceedings brought in Tasmania.

The Act directly affects a narrow set of persons: the Crown, Commonwealth regulatory bodies, ministers of Tasmania and other participating jurisdictions, and any entity that owns or operates a gas pipeline crossing Tasmanian territory or that is subject to an AER ring-fencing determination. Because the Act is an application statute, the persons substantively affected are those who fall within the scope of the National Gas (Tasmania) Law itself: pipeline operators, producers, sellers of natural gas or processable gas, and users who seek access to pipeline services. However, for the purposes of this deep dive, the focus is on those touched by the Act’s own provisions.

The Crown is bound by the Act, the National Gas (Tasmania) Law and the Regulations (section 4). This means government owned or controlled gas entities are subject to the same regulatory obligations as private operators.

Commonwealth bodies - specifically the AER, the NCC and the Australian Competition Tribunal - are given power to act in Tasmania (section 10). Their officers and delegates may therefore enter Tasmanian premises, issue notices, and conduct hearings or reviews as if they were exercising powers under Tasmanian law. This affects anyone who is subject to AER determinations, access arrangements, or ring-fencing directions.

Ministers of other participating jurisdictions (other state or territory gas ministers) may also act in Tasmania (section 11). For example, the Victorian Minister for Energy could take a decision under Victorian national gas legislation that has effects on a pipeline that crosses into Tasmania, and that decision is treated as also taken under Tasmanian legislation. This affects pipeline owners whose assets straddle borders.

The Tasmanian Minister has reciprocal power to act in other jurisdictions (section 12), but the practical effect for private entities is that they must deal with a single coherent regulatory approach across jurisdictions.

Entities that are required to comply with AER ring-fencing determinations are affected by section 13. If they need to transfer assets or liabilities to separate their gas production, purchase or sale businesses from other activities, they may seek an exemption from state taxes. The exemption reduces their compliance costs, but the requirement for a Treasurer’s declaration by Gazette notice introduces uncertainty. The timing of the declaration may not align with commercial restructuring needs.

Operators of cross-boundary pipelines are affected by section 14. For a pipeline that passes through Tasmania and another jurisdiction, regulatory actions taken by a minister in one jurisdiction are automatically deemed to be taken in all jurisdictions where a part of the pipeline lies. This eliminates the need for separate applications or approvals in each jurisdiction, reducing administrative duplication. However, for distribution pipelines (as opposed to transmission pipelines), the operator faces a restriction on seeking judicial review in Tasmania unless the most closely connected jurisdiction has been determined. This may affect the operator’s ability to challenge an adverse regulatory decision promptly, potentially leaving them with only a single forum for review (the jurisdiction that has been determined as most closely connected).

Parties who were previously subject to the Gas Pipelines Access (Tasmania) Act 2000 and its regulations are affected because those instruments are repealed (sections 19, 20 and Schedules 1, 2). Any existing access arrangements, licences or obligations under the old regime would transition to the new national framework, though the Act itself does not contain transitional provisions; those may be in regulations made under section 16(2).

Finally, the Act binds the Crown in all capacities, so it affects not only the State of Tasmania but also the Commonwealth and other state governments to the extent of the State’s legislative power (section 4). This means government gas enterprises, such as those owned by other states, are subject to Tasmanian law when operating in Tasmania.

The Act itself creates very few duties or rights. It is essentially procedural and organisational. The substantive duties - such as the obligation to provide access to pipeline services, to comply with a reference tariff, to not discriminate, to keep the AER informed of ring-fencing compliance - are all located in the National Gas (Tasmania) Law and Regulations. Nevertheless, the Act confers several important rights and imposes a significant procedural limitation.

Right to seek tax exemption. Section 13 confers a right on an entity that needs to transfer assets or liabilities to comply with ring-fencing requirements to apply to the Treasurer for a declaration that the transfer is an exempt matter. If the Treasurer declares it by notice in the Gazette, the entity is not liable for any duty or other tax imposed under a Tasmanian law in relation to that transfer or anything done because of it. This is a valuable right, but it is not automatically available. The entity must satisfy the Treasurer that the transfer is made for the purpose of compliance with an AER ring-fencing determination or with the ring-fencing requirements of the national gas legislation. There is no right to a hearing or to reasons if the Treasurer declines to make a declaration; the provision is permissive (“the Treasurer declares from time to time”), not mandatory.

Power to act in this State. Sections 10, 11 and 12 confer powers on Commonwealth bodies, other ministers, and the Tasmanian Minister. These are not duties; they are grants of authority. For the entities subject to regulation, these sections create a right to have regulatory decisions made uniformly across jurisdictions, reducing the need for multiple approvals. For example, if the AER issues an access determination for a pipeline that runs through Tasmania and Victoria, the operator can rely on that single determination in both states without needing a separate Tasmanian process.

Limitation on judicial review for cross-boundary distribution pipelines. Section 14(2) imposes a duty on the Supreme Court of Tasmania not to entertain proceedings for judicial review or for a declaration, injunction, writ, order or remedy challenging an action or purported action of a relevant minister in relation to a cross-boundary distribution pipeline unless Tasmania has been determined to be the jurisdiction most closely connected with the pipeline. This limits the right of an affected party to seek review in Tasmania. The operator or other interested party must instead pursue review in the jurisdiction determined to be most closely connected. This is a significant procedural restriction that may increase costs and delay, especially if the determination of the most closely connected jurisdiction is itself contested.

No private right of action. The Act does not create a statutory cause of action for damages or for enforcement of the National Gas (Tasmania) Law. Enforcement powers are vested in the AER and other regulatory bodies under the National Gas Law itself. Private parties may seek judicial review of regulatory decisions, but as noted, that right is limited for cross-boundary distribution pipelines.

Duty of the Treasurer. The Treasurer has a duty to declare by notice in the Gazette if a transfer is an exempt matter, but the Act does not prescribe a timeline or require the Treasurer to respond to applications. This creates a discretion that could be exercised slowly, affecting commercial timelines.

Duty of the Governor. Section 16 empowers the Governor to make regulations for the purposes of the Act, including savings or transitional provisions. This is a power, not a duty, but if regulations are made they impose duties on the regulated community.

This Act does not itself create any penalties, offences, or enforcement mechanisms. The National Gas (Tasmania) Law, which the Act applies, contains the substantive penalty provisions for breaches such as failing to provide access, contravening a ring-fencing determination, or providing false information. The Act does not reproduce or reference those penalties; they are contained in the text of the National Gas Law set out in the South Australian Schedule.

The only consequence directly provided by the Tasmanian Act is the loss of the right to seek judicial review in Tasmania for cross-boundary distribution pipeline matters until the jurisdictional determination is made (section 14(2)). While not a penalty in the punitive sense, it is a procedural barrier that can effectively deny a party the ability to challenge an action in a Tasmanian court.

Section 16(2) allows regulations to contain provisions of a savings or transitional nature. If such regulations include penalty provisions, they would be enforceable under the Act, but the Act itself does not set any.

Enforcement of the National Gas (Tasmania) Law in Tasmania is delegated to the same bodies that enforce the law in other jurisdictions: the AER can issue infringement notices, the NCC can make recommendations, and the Tribunal can hear appeals. The Supreme Court of Tasmania is the designated court for enforcement proceedings (section 9(1): “Court” means the Supreme Court). This means that if the AER seeks an injunction or to recover a penalty for breach of the National Gas (Tasmania) Law, it would bring proceedings in the Supreme Court of Tasmania.

The Act’s cross-vesting provisions (sections 10-12) also have enforcement implications. A decision made by a Commonwealth body or a minister of another jurisdiction under that jurisdiction’s legislation, but which is deemed to be taken under Tasmanian legislation, can be enforced in Tasmania through the Tasmanian courts. This avoids the need to enforce a foreign regulatory order, which might require separate recognition proceedings.

The tax exemption in section 13 also has an enforcement dimension: if an entity wrongly claims the exemption (i.e., it uses a transfer that the Treasurer has not declared to be an exempt matter), the State Revenue Office could pursue unpaid duty, penalties and interest under general Tasmanian revenue law. The Act does not create a specific offence for false claims; general law would apply.

Because the Act does not carry its own penalty provisions, compliance and enforcement must be understood through the National Gas Law. Anyone advising a client in Tasmania should refer to the South Australian National Gas Law as applied, and ensure that the client understands that penalties from that law apply with full force in Tasmania. The Tasmanian Act itself is merely the vehicle.

Repeal of prior Tasmanian gas legislation. Section 19 and Schedule 1 repeal the Gas Pipelines Access (Tasmania) Act 2000. Section 20 and Schedule 2 rescind the Gas Pipelines Access (Tasmania) Regulations 2001. Those instruments formed the previous access regime for gas pipelines in Tasmania. The repeal is complete; no provision is saved. Any access arrangements, licences, or determinations made under the old law would need to be transitioned to the new national regime. The Act does not contain transitional provisions; the power to make regulations under section 16(2) permits the Governor to prescribe savings or transitional provisions, but those have not been included in the Act itself.

National Gas Law and Regulations. The Act interacts with the National Gas Law and Regulations by adopting them as Tasmanian law (sections 7 and 8). The South Australian Acts Interpretation Act does not apply to these provisions when they operate in Tasmania (section 9(2)). Instead, the Tasmanian Acts Interpretation Act 1931 governs their interpretation. This is a crucial interaction: terms defined in the Tasmanian interpretation legislation will override or supplement definitions in the National Gas Law unless the context otherwise indicates. Practitioners must check both the National Gas Law and Tasmanian interpretation rules.

Offshore Petroleum Act 2006 (Commonwealth). Section 17 originally provided for an amendment to the definitions of “adjacent area of another participating jurisdiction” and “adjacent area of this jurisdiction” in section 9(1) upon the commencement of section 7 of the Commonwealth Offshore Petroleum Act 2006. That amendment has now taken effect, and the definitions currently refer to the “offshore area” as defined in the Commonwealth Act. This interaction ties the geographical scope of the Tasmanian gas law to Commonwealth offshore jurisdiction, ensuring that pipelines in the coastal waters and adjacent areas are covered.

Administrative Arrangements Act 1990 (Tasmania). Section 18 provides that, until an order is made under section 4 of that Act, the Minister for Energy and Resources administers the Act, and the Department of Infrastructure, Energy and Resources is the responsible department. This gives the Act a home within the Tasmanian bureaucracy.

Taxation laws of Tasmania. Section 13 creates an exemption from state duties and taxes (such as stamp duty, land tax, payroll tax) in relation to exempt matters declared by the Treasurer. This overrides any other Tasmanian taxation law that would otherwise impose a liability on the transfer. The exemption is limited to the specific purpose of ring-fencing compliance. It does not apply to ordinary commercial transfers.

Acts of other participating jurisdictions. The cross-vesting provisions (sections 10-12) mean that actions taken under the national gas legislation of another state or territory are recognised as having effect in Tasmania. This interaction is reciprocal; Tasmania’s legislation also gives effect to actions by the Tasmanian Minister in other jurisdictions.

Crown immunity. Section 4 provides that the Act, the National Gas (Tasmania) Law and the Regulations bind the Crown. This removes any immunity the Crown might otherwise have under common law or other statutes. It does not extend to the Crown in right of the Commonwealth beyond the State’s legislative power.

Extra-territorial application. Section 6 declares an intention that the Act operate to the full extent of Tasmania’s extra territorial legislative power. This may interact with laws of other states or the Commonwealth, potentially creating jurisdictional conflicts if a pipeline or party subject to regulation is outside Tasmania but sufficiently connected.

Commonwealth Competition and Consumer Act 2010. While not mentioned in the Act, the National Gas Law itself interacts with the Competition and Consumer Act. The AER’s powers and the access regime are part of the National Competition Policy framework. The Tasmanian Act does not alter that.

The Act as presented in the source reflects amendments up to 12 April 2026. The text shows only one specific amendment reference: section 9(1) was amended by No. 19 of 2008, s. 17, applied from 1 July 2008. That amendment inserted the definitions of “adjacent area of another participating jurisdiction” and “adjacent area of this jurisdiction” in their current form, replacing earlier definitions that likely referenced the Offshore Petroleum Act 2006 in an earlier form. Section 17 of the Act itself originally contemplated that this amendment would be made upon the commencement of the Commonwealth Offshore Petroleum Act 2006. That event has occurred, and the amendment is now part of the Act.

The Act commenced on a day or days to be proclaimed (section 2). No specific commencement date is given in the source, but the amendment reference suggests the Act was in force by 1 July 2008.

The schedules repeal the Gas Pipelines Access (Tasmania) Act 2000 (No. 61 of 2000) and rescind the Gas Pipelines Access (Tasmania) Regulations 2001 (No. 61 of 2001). No subsequent amendments to the Act are shown after the 2008 amendment. The Act appears to have been stable since then, which is typical for a machinery application statute that rarely requires alteration unless the underlying National Gas Law changes.

There is no mention of any amendment to the Act after the initial 2008 amendment. However, the source is a view of the Act as in force on 12 April 2026, so any amendments after that date are not included. Given the Act’s slim content, it is plausible that no further amendments have occurred. Practitioners should check the Tasmanian legislation database for any amending acts subsequent to the source, but the Act as presented has had only the one amendment.

The regulations under the National Gas Law (the National Gas (Tasmania) Regulations) are applied by reference and may change over time without amendment to this Act. The Act automatically picks up changes to those regulations as they occur in South Australia. This dynamic interaction means that while the Act itself has minimal amendment history, the regulatory content it imports can shift frequently.

The Act itself contains no recorded litigation history in the provided source. No cases are cited, and the Act does not refer to any judicial decisions. Given that the Act is a procedural application statute, it is unlikely to generate standalone litigation. Challenges to gas regulatory decisions in Tasmania are more likely to arise under the National Gas (Tasmania) Law or under administrative law principles, and such challenges would be brought in the Supreme Court of Tasmania as defined by section 9(1).

Section 14(2) expressly limits the availability of judicial review for cross-boundary distribution pipelines, which may prevent certain challenges from being heard in Tasmania. Any party seeking to challenge a minister’s action in relation to such a pipeline would need to establish that Tasmania is the most closely connected jurisdiction before the Supreme Court will entertain the proceeding. This provision could be the subject of litigation if a party argues that the jurisdictional determination is wrong or that the limitation itself is beyond power. A court might be asked to interpret “most closely connected” or to determine whether the provision ousts the court’s supervisory jurisdiction in a way that is constitutionally valid. To date, the source provides no indication that such a challenge has been brought.

The cross-vesting provisions (sections 10-12) could also give rise to litigation if a party disputes the validity of an action taken by a Commonwealth body or a minister of another jurisdiction that is deemed to have been taken under Tasmanian law. For example, a party might argue that the action was not within the functions or powers conferred by the other jurisdiction’s national gas legislation, and therefore the Tasmanian deemed effect is invalid. The Act does not provide for a mechanism to determine such disputes beyond the ordinary judicial review process in the Supreme Court.

Any litigation under the Act would likely be rolled into broader proceedings under the National Gas Law. Because the Act merely applies that Law, most contested legal issues will relate to the substance of the Law itself: access disputes, tariff determinations, ring-fencing compliance, and enforcement actions. The Tasmanian Act’s role is to establish that the Supreme Court has jurisdiction and that Tasmanian interpretation rules apply. A litigant might also challenge the application of the South Australian Acts Interpretation Act exclusion in section 9(2) to a particular matter.

Without access to Tasmanian case law databases, it is not possible to catalog specific cases. The Act has been in force since 2008, and it is likely that at least some proceedings have invoked its provisions, but the source provides no mention. The analyst must note that this absence is not evidence that no litigation exists; it only means the source does not contain it.

Tax exemption is not automatic. Section 13(2)(b) requires the Treasurer to declare the transfer an exempt matter by notice in the Gazette. The entity seeking the exemption cannot rely on the exemption until the notice is published. There is no statutory time frame for the Treasurer to do so, and no right to appeal a refusal. This creates timing risk: a corporate restructure to comply with a ring-fencing determination may be delayed while waiting for the Treasurer to act.

Judicial review restriction for cross-boundary distribution pipelines. Section 14(2) prohibits the Supreme Court from entertaining any proceeding for judicial review or for a declaration, injunction, writ, order or remedy to challenge a minister’s action in relation to a cross-boundary distribution pipeline unless Tasmania has first been determined to be the most closely connected jurisdiction. This is a significant ouster of the court’s supervisory jurisdiction. It means that if the most closely connected jurisdiction is another state, a party aggrieved by a decision affecting the pipeline must seek review in that other state’s courts, even if the decision has direct effects in Tasmania. The term “most closely connected” is undefined in the Act, creating interpretive uncertainty. An aggrieved party could be forced into costly preliminary litigation just to determine the proper forum.

South Australian Acts Interpretation Act does not apply. Section 9(2) expressly provides that the Acts Interpretation Act 1915 of South Australia, and other South Australian Acts, do not apply to the National Gas Law or Regulations in their Tasmanian application. This is a drafting trap for anyone accustomed to using the South Australian interpretation provisions that might accompany the model law. Practitioners must apply Tasmanian interpretation rules, which may differ in substance. For example, Tasmanian definitions of “person”, “land”, or “public authority” could alter the meaning of the National Gas Law in Tasmania.

Extra-territorial operation may create unexpected liability. Section 6 declares an intention that the Act operate to the full extent of the State’s extra territorial legislative power. This could mean that a pipeline operator with assets or activities that have a connection to Tasmania, but are physically outside the State, might still be subject to the National Gas (Tasmania) Law. The outer limits of this power are uncertain and could be tested. Relying solely on a jurisdictional nexus test may not provide clear safe harbours.

Coastal waters application. Section 5 applies the Act and the imported law to coastal waters as if they were within the limits of the State. However, coastal waters are not within the State’s territorial limits, so this extends the reach of the law to offshore gas infrastructure. The definition of coastal waters depends on the adjacent area under the Commonwealth Offshore Petroleum Act 2006. If that geographic boundary changes, the Act’s scope changes automatically without further Tasmanian amendment. Operators of offshore pipelines should monitor Commonwealth boundaries.

No transitional provisions in the Act. The repeal of the old Gas Pipelines Access (Tasmania) Act and Regulations (sections 19, 20 and Schedules) is immediate, but the Act does not contain any transitional provisions to address existing access arrangements, licences, or rights under the old regime. Section 16(2) allows regulations to include savings or transitional provisions, but the Act itself is silent. Unless such regulations have been made, the old rights may be extinguished and replaced by the new national law without express preservation. This creates a risk that an existing access arrangement might no longer be enforceable if it was granted under the old law.

Regulations may impose additional obligations. Section 16 allows the Governor to make regulations for the purposes of the Act, including savings or transitional provisions. The regulations could impose new obligations, fees, or procedures not currently visible in the Act. Entities must monitor the Tasmanian legislative register for any regulations made under this section.

Ministerial power can be exercised without public consultation. Sections 10-12 confer powers on ministers and bodies without requiring prior consultation with affected parties. A decision by a Commonwealth body or another state’s minister that takes effect in Tasmania may be made without any Tasmanian input. Affected parties may need to engage with the other jurisdiction’s processes to protect their interests.

Compliance with this Act is not a standalone task; it is achieved indirectly by complying with the National Gas (Tasmania) Law and the National Gas (Tasmania) Regulations. The Act itself imposes few compliance obligations, but the following practical steps are essential for any entity subject to the regime in Tasmania.

Identify the applicable law. Ensure that all compliance systems refer to the National Gas (Tasmania) Law, not the old Gas Pipelines Access (Tasmania) Act 2000. The old law is repealed. Policies, contracts and procedures should be updated to cite the correct Tasmanian title and to reflect the national framework.

Understand the cross-vesting framework. If you operate a pipeline that crosses a Tasmanian border, you must recognise that a regulatory decision made by a minister or Commonwealth body in one jurisdiction will automatically apply in all jurisdictions where the pipeline lies. You do not need to obtain separate approval in each jurisdiction, but you must ensure you participate in the regulatory processes of the jurisdiction where the decision originates. For cross-boundary distribution pipelines, be aware that the forum for judicial review may be the most closely connected jurisdiction, not necessarily Tasmania. Determine early in the licensing process which jurisdiction is likely to be the most connected.

Seek tax exemption declarations early. If you are required to transfer assets or liabilities to comply with an AER ring-fencing determination, do not assume the state tax exemption applies automatically. You must apply to the Tasmanian Treasurer and wait for a notice in the Gazette. Plan the restructuring timeline to accommodate the potential delay. Keep records of the AER determination or ring-fencing requirement to support the application.

Monitor regulations. The Act allows the Governor to make regulations, including savings or transitional provisions. Check the Tasmanian legislation website regularly for any such regulations. If regulations are made imposing new fees or reporting requirements, you must comply with them.

Apply Tasmanian interpretation rules. When interpreting the National Gas (Tasmania) Law, do not rely on South Australian interpretation acts. Use the Tasmanian Acts Interpretation Act 1931. This may affect the meaning of defined terms or general provisions such as those dealing with service of documents, powers of delegation, or time periods.

Engage with the responsible department. Section 18 provides that the Department of Infrastructure, Energy and Resources is the responsible department. For any queries about the Act’s operation, including exemption declarations or regulatory process, that department is the first point of contact.

Seek legal advice on cross-boundary pipeline judicial review limitations. If you are involved with a cross-boundary distribution pipeline, understand the restriction on seeking review in Tasmania. In the event of an adverse ministerial decision, you may need to litigate in another jurisdiction. Factor this into dispute resolution strategies and consider whether to seek a preliminary determination of the most closely connected jurisdiction.

Review any existing instruments under the repealed Act. If you hold rights, licences, or access arrangements under the Gas Pipelines Access (Tasmania) Act 2000, check whether those instruments have been transitioned to the new regime. The Act itself does not preserve them; transitional regulations may exist. If no regulations are in place, the old rights may have been extinguished. Seek legal clarification and if necessary, apply for new rights under the National Gas (Tasmania) Law.

Document compliance with ring-fencing requirements. The tax exemption in section 13 is tied to ring-fencing compliance. Even if you do not seek an exemption, ensure you have documentation showing compliance with AER ring-fencing determinations. This will be relevant if the AER audits your separation of businesses.

Keep abreast of amendments to the National Gas Law. The Act applies the law as in force for the time being. Any amendment to the South Australian Schedule automatically becomes part of Tasmanian law. Subscribe to the AER’s publications or monitor the National Gas Law amendments to stay ahead of changes.