National Gas (Victoria) Act 2008

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to provide for the establishment of a national framework to enable third parties to gain access to certain natural gas pipeline services.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

3 Definitions

(1) In this Act—

S. 3(1) def. of AEMO inserted by No. 23/2009 s. 16.

AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);

S. 3(1) def. of Department inserted by No. 24/2023 s. 10.

Department means Department of Energy, Environment and Climate Action;

S. 3(1) def. of Energy Safe Victoria inserted by No. 23/2009 s. 16, substituted by No. 4/2020 s. 57.

Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;

S. 3(1) def. of Essential Services Commission or ESC inserted by No. 23/2009 s. 16.

Essential Services Commission or ESC means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001;

S. 3(1) def. of MSO Rules inserted by No. 23/2009 s. 16.

MSO Rules means the rules made on 2 February 1999 under section 48N of the Gas Industry Act 1994 (and continued in effect under clause 17 of Schedule 5 to the Gas Industry (Residual Provisions) Act 1994), as in force immediately before the transition day;

National Gas (Victoria) Law means the provisions applying because of section 7;

National Gas (Victoria) Regulations means the provisions applying because of section 8;

S. 3(1) def. of South Australian Act amended by No. 43/2012 s. 3(Sch. item 33).

South Australian Act means the National Gas (South Australia) Act 2008 of South Australia;

S. 3(1) def. of transition day inserted by No. 23/2009 s. 16.

transition day means the day on which section 34 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 comes into operation.

(2) Words and expressions used in the National Gas (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.

(3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.

4 Crown to be bound

This Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations bind the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5 Application to coastal waters

(1) This Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.

adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (Victoria) Law (as defined by section 9(1) of this Act);

coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.

6 Extra-territorial operation

It is the intention of the Parliament that this Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations should, so far as possible, operate to the full extent of the extra-territorial legislative power of the State.

Part 2—National Gas (Victoria) Law and
National Gas (Victoria) Regulations

7 Application of National Gas Law

The National Gas Law set out in the Schedule to the South Australian Act, as in force for the time being—

(a) applies as a law of Victoria; and

(b) as so applying may be referred to as the National Gas (Victoria) Law.

8 Application of Regulations under National Gas Law

The Regulations in force for the time being under Part 3 of the South Australian Act—

(a) apply as regulations in force for the purposes of the National Gas (Victoria) Law; and

(b) as so applying may be referred to as the National Gas (Victoria) Regulations.

9 Interpretation of some expressions in National Gas (Victoria) Law and National Gas (Victoria) Regulations

(1) In the National Gas (Victoria) Law and the National Gas (Victoria) Regulations—

S. 9(1) def. of adjacent area of another participating jurisdiction substituted by No. 30/2008 s. 40, amended by No. 10/2010 s. 800(Sch. 6 item 8(a)).

adjacent area of another participating jurisdiction means the offshore area of a State (other than this State) or the Northern Territory within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

S. 9(1) def. of adjacent area of this jurisdiction substituted by No. 30/2008 s. 40, amended by No. 10/2010 s. 800(Sch. 6 item 8(b)).

adjacent area of this jurisdiction means the offshore area of the State within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

Court means the Supreme Court of Victoria;

designated Minister means the Commonwealth Minister;

Legislature of this jurisdiction means the Parliament of Victoria;

National Gas Law or this Law means the National Gas (Victoria) Law;

this jurisdiction means the State of Victoria.

(2) The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—

(a) the National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Victoria; or

(b) the regulations in force for the time being under Part 3 of the South Australian Act in their application as Regulations in force for the purposes of the National Gas (Victoria) Law.

S. 9A inserted by No. 23/2009 s. 17.

9A Designated pipelines

(1) In the National Gas (Victoria) Law, and any Rules made for the purposes of that Law, designated pipeline means a pipeline designated by Order under subsection (2) to be a designated pipeline.

(2) The Minister, by Order published in the Government Gazette, may designate a pipeline or a part of a pipeline to be a designated pipeline.

(3) Once the Minister has made an Order designating a pipeline or a part of a pipeline to be a designated pipeline, the Minister cannot make another Order that designates any other pipeline or a part of a pipeline to be a designated pipeline.

S. 9B inserted by No. 33/2021 s. 20.

9B Modified meaning of *natural gas*

(1) The Minister may declare either of the following to be natural gas for the purposes of the National Gas (Victoria) Law and the National Gas Rules—

(a) a substance consisting of a mixture of natural gas and another gas;

Example

Hydrogen may be another gas.

(b) a gas other than natural gas.

Example

Hydrogen.

(2) Before making a declaration under subsection (1), the Minister must consult with—

(a) the Premier; and

(b) the Treasurer; and

(c) Energy Safe Victoria; and

(d) AEMO.

(3) A declaration under subsection (1) must be published—

(a) in the Government Gazette; and

(b) on the Department's internet site.

(4) A declaration under subsection (1) takes effect—

(a) on the day it is published in the Government Gazette; or

(b) if a later day is specified in the declaration, on that day.

(5) On and after the day on which a declaration under subsection (1) takes effect—

(a) the National Gas (Victoria) Law applies as a law of Victoria subject to the declaration; and

(b) the National Gas Rules have the force of law in Victoria subject to the declaration.

Part 3—Cross vesting of powers

10 Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State

(1) The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.

Commonwealth bodies means any of the following—

(a) AER; and

(b) NCC; and

(c) the Tribunal.

11 Conferral of powers on Ministers of participating States and Territories to act in this State

The Minister of a participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.

12 Conferral of functions or powers on State Minister

If the national gas legislation of another participating jurisdiction confers a function or power on the Minister, the Minister—

(a) may perform that function or exercise that power; and

(b) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.

Part 4—General

13 Exemption from taxes

(1) Any duty or other tax imposed by or under a law of this State is not payable in relation to—

(a) an exempt matter; or

(b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.

exempt matter means a transfer of assets or liabilities—

(a) that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of the national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and

(b) that the Minister and the Treasurer declare from time to time by notice published in the Government Gazette to be an exempt matter for the purposes of this section.

14 Actions in relation to cross boundary pipelines

(1) If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated—

(a) by, or in relation to, a relevant Minister; or

(b) by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister—

is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (that other legislation)—

(c) by, or in relation to, a relevant Minister within the meaning of that other legislation; or

(d) by the Court within the meaning of that other legislation—

as the case requires.

(2) Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.

(3) A reference in this section—

(a) to an action that is taken includes a reference to—

(i) a decision or determination that is made; or

(ii) an omission that is made;

(b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.

cross boundary pipeline means—

(a) a cross boundary transmission pipeline; or

(b) a cross boundary distribution pipeline.

15 Conferral of functions and powers on Commonwealth bodies

(1) Clause 2 of Schedule 2 to the National Gas (Victoria) Law will have effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Gas (Victoria) Regulations, as if the provision or regulation formed part of the National Gas (Victoria) Law.

(2) Subsection (1) does not limit the effect that a provision or Regulation would validly have apart from the subsection.

16 Supreme Court—limitation of jurisdiction

It is the intention of section 14(2) to alter or vary section 85 of the Constitution Act 1975.

S. 16A inserted by No. 23/2009 s. 18, substituted by No. 24/2023 s. 5.

16A Regulations

(1) The Governor in Council may make regulations for or with respect to the following—

(a) prescribing a provision of the declared system provisions to be—

(i) a civil penalty provision; or

(ii) a conduct provision;

S. 16A(1)(b) amended by No. 10/2026 s. 4(a).

(b) prescribing a civil penalty for a breach of a declared system provision that is prescribed to be a civil penalty provision;

S. 16A(1)(c) inserted by No. 10/2026 s. 4(b).

(c) prescribing the provisions of Orders under section 58B to be enforceable provisions for the purposes of section 58H.

The terms declared system provisions, civil penalty provision and conduct provision are defined in the National Gas (Victoria) Law.

(2) The regulations may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstances;

(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.

Part 5—Specific Victorian transitional arrangements

Division 1—Interpretation

17 Definitions

In this Part—

Access Code means the Code within the meaning of the Gas Pipelines Access (Victoria) Law;

AER approved full access arrangement means a full access arrangement approved by the AER under the Rules;

designated distribution pipeline means a designated pipeline that is a distribution pipeline;

The National Gas (Victoria) Regulations prescribe which pipelines in Victoria are designated pipelines.

distribution licence means a licence issued under section 26 of the Gas Industry Act 2001 that authorises the holder of the licence to provide distribution pipeline services;

distribution pipeline service means a service (other than the sale of gas by retail) provided by means of a GIA distribution pipeline;

S. 17 def. of ESC enforceable regulatory requirement
inserted by No. 11/2013 s. 20.

ESC enforceable regulatory requirement means a relevant gas distribution system law or instrument, or a provision of a relevant gas distribution system law or instrument, specified under an Order under section 20A;

ESC guideline No. 17 means the document entitled "Gas Industry Guideline No. 17 Regulatory Accounting Information Requirements" published on 13 July 2005 by the ESC as that guideline is amended and in force from time to time;

S. 17 def. of Essential Services Commission or ESC repealed by No. 23/2009 s. 19.

gas distribution access arrangement revision decision means a final decision of the relevant Regulator under section 2.41 or 2.42 of the Access Code;

gas distribution access arrangement under review means an access arrangement that relates to the provision of pipeline services provided by a relevant Victorian service provider by means of an old access law distribution pipeline—

(a) in relation to which a review has been commenced under section 2 of the Access Code before the NGL commencement day; and

(b) in respect of which a gas distribution access arrangement revision decision has not been made before that day;

gas distribution company has the same meaning as in the Gas Industry Act 2001;

Gas Distribution System Code means the document entitled "Gas Distribution System Code", version 8.1, published by the ESC on 28 March 2007, as that Code is amended and in force from time to time;

gas distribution system regulatory duty has the meaning given by section 18;

gas distribution system regulatory function or power has the meaning given by section 19;

Gas Pipelines Access (Victoria) Law means the Gas Pipelines Access (Victoria) Law as in force immediately before the NGL commencement day;

GIA distribution pipeline means a distribution pipeline within the meaning of the Gas Industry Act 2001;

NGL commencement day means the day on which section 39 comes into operation;

old access law distribution pipeline means a distribution pipeline within the meaning of the Gas Pipelines Access (Victoria) Law;

relevant appeals body has the same meaning as in the Gas Pipelines Access (Victoria) Law;

relevant gas distribution system law or instrument means—

(a) the Essential Services Commission Act 2001 (to the extent to which that Act relates to the economic regulation of distribution pipeline services provided by a gas distribution company); or

(b) the Gas Industry Act 2001 (to the extent to which that Act relates to the economic regulation of distribution pipeline services provided by a gas distribution company); or

(c) a specified Gas Distribution System Code provision; or

(d) until the specified day, ESC guideline No. 17; or

(e) the Wimmera and Colac Tariff Order;

relevant Regulator has the same meaning as in the Gas Pipelines Access (Victoria) Law;

Under the Gas Pipelines Access (Victoria) Law, the Essential Services Commission, as the local Regulator, was the relevant Regulator in relation to distribution pipelines situated wholly within Victoria or most closely connected with Victoria.

relevant Victorian service provider means—

(a) the entity or entities that trade either together or separately as "SP AusNet" including but not limited to SPI Networks (Gas) Pty Ltd (ABN 43 086 015 036); or

(b) the entities Envestra Victoria Pty Ltd (ACN 085 882 373) and Vic Gas Distribution Pty Ltd (ACN 085 899 001); or

(c) the entities Multinet Gas (DB No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB No. 2) Pty Ltd (ACN 086 230 122) trading as Multinet Gas Distribution Partnership;

revised gas distribution access arrangement means an access arrangement in respect of which a gas distribution access arrangement revision decision referred to in section 23 or 24 has been or is made;

specified day means 1 January 2011;

specified Gas Distribution System Code provision means a provision specified under an Order under section 20;

Wimmera and Colac Tariff Order means the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time.

18 Meaning of gas distribution system regulatory duty

A gas distribution system regulatory duty is a duty under a relevant gas distribution system law or instrument that the ESC had in relation to a gas distribution company immediately before the day on which a revised gas distribution access arrangement that relates to pipeline services provided by that gas distribution company is deemed to be an AER approved full access arrangement other than a duty—

(a) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence held by that gas distribution company; or

(b) to make or amend a code or guideline that relates to the provision of distribution pipeline services provided by that gas distribution company.

In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.

19 Meaning of gas distribution system regulatory function or power

A gas distribution system regulatory function or power is a function or power under a relevant gas distribution system law or instrument that the ESC had in relation to a gas distribution company immediately before the day on which a revised gas distribution access arrangement that relates to pipeline services provided by that gas distribution company is deemed to be an AER approved full access arrangement other than a function or power—

(a) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence held by that gas distribution company; or

(b) to make or amend a code or guideline that relates to the provision of distribution pipeline services provided by that gas distribution company.

In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.

20 Specification of Gas Distribution System Code provisions by Minister

(1) The Minister, by Order published in the Government Gazette, may specify (with or without modification) a provision of the Gas Distribution System Code that—

(a) confers a function or power on the ESC; or

(b) imposes a duty on the ESC—

as a specified Gas Distribution System Code provision.

(2) The Minister may only specify a provision in an Order under subsection (1) if the provision relates to the economic regulation of distribution pipeline services provided by a gas distribution company.

S. 20Ainserted by No. 11/2013 s. 21.

20A Specified gas distribution system law or instrument provisions are ESC enforceable regulatory requirements

The Minister, by Order published in the Government Gazette, may specify a relevant gas distribution system law or instrument, or a provision of a relevant gas distribution system law or instrument, as an ESC enforceable regulatory requirement.

21 Role of Interpretation of Legislation Act 1984

Except where the contrary intention appears, this Part does not affect or take away from the Interpretation of Legislation Act 1984.

Division 2—Current and pending Victorian gas distribution system access arrangement revisions

22 Transitional clauses in NGL relating to distribution pipeline services access arrangements do not apply

(1) Despite section 7, clause 26 of Schedule 3 to the NGL does not apply as a law of Victoria to the extent that the clause applies to an access arrangement—

(a) that relates to pipeline services provided by means of an old access law distribution pipeline; and

(b) in respect of which a final decision of the relevant Regulator under section 2.41 or 2.42 of the Access Code has been made that is the subject of a review under section 39 of the Gas Pipelines Access (Victoria) Law on the NGL commencement day.

(2) Despite section 7, clauses 29 to 31 of Schedule 3 to the NGL do not apply as laws of Victoria to the extent that those clauses apply to an access arrangement that relates to pipeline services provided by means of an old access law distribution pipeline.

NGL means the Schedule to the National Gas (South Australia) Act 2008 of South Australia.

See clause 2 of Schedule 3 to the National Gas Law.

23 Gas distribution access arrangements under review

(1) On and after the NGL commencement day, the relevant Regulator must continue to take action under the Access Code in respect of a gas distribution access arrangement under review (including the making of a gas distribution access arrangement revision decision) as if the Gas Pipelines Access (Victoria) Law continued to apply.

(2) To avoid doubt, the Gas Pipelines Access (Victoria) Law applies to—

(a) any review under that Law in respect of a gas distribution access arrangement revision decision made as provided by this section; and

(b) any proceeding in respect of a review referred to in paragraph (a) (including any appeal)—

until that review or proceeding (as the case may be) is finally determined.

24 Gas distribution access arrangement revision decisions under review

(1) This section applies if—

(a) a gas distribution access arrangement revision decision has been made before the NGL commencement day in relation to an access arrangement that relates to pipeline services provided by a relevant Victorian service provider by means of an old access law distribution pipeline; and

(b) a review has been commenced and not completed under section 39 of the Gas Pipelines Access (Victoria) Law in respect of that decision before that day.

(2) To avoid doubt, the Gas Pipelines Access (Victoria) Law continues to apply to—

(a) the review under that Law; and

(b) any proceeding in respect of a review referred to in paragraph (a) (including any appeal)—

until that review or proceeding (as the case may be) is finally determined.

25 Revised gas distribution access arrangements become full access arrangements under NGL

A revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, as the case requires, on the day—

(a) relevant revisions to the arrangement that accord with the relevant gas distribution access arrangement revision decision take effect; or

(b) relevant revisions to the arrangement that accord with a determination of the relevant appeals body take effect (if the gas distribution access arrangement revision decision relating to those revisions was reviewed under section 39 of the Gas Pipelines Access (Victoria) Law); or

(c) relevant revisions to the arrangement that accord with a decision of a court take effect (if proceedings were commenced in respect of a determination of the relevant appeals body on the review under section 39 of the Gas Pipelines Access (Victoria) Law of the gas distribution access arrangement revision decision relating to those revisions).

See also sections 26, 27 and 36 to 38.

26 Certain provisions of the Access Code to continue to apply to revised gas distribution access arrangement

(1) Despite the repeal of the Access Code and subject to this section and any current access arrangement modification Rules, sections 3, 8 and 10.8 of the Access Code continue to apply to a revised gas distribution access arrangement deemed to be an AER approved full access arrangement under section 25 until revisions to such an access arrangement first approved or made in accordance with the National Gas (Victoria) Law and the National Gas Rules after the NGL commencement day take effect.

(2) To avoid doubt, after the NGL commencement day, a covered pipeline service provider must, despite anything to the contrary in an access arrangement referred to in subsection (1), submit an access arrangement revision proposal in relation to that access arrangement in accordance with section 132 of the National Gas (Victoria) Law and the National Gas Rules.

(3) Sections 3, 8 and 10.8 of the Access Code, as applied under this section, do not have effect to the extent that they provide for or deal with the procedure for the approval of revisions to access arrangements.

(4) For the purposes of this section, on the handover day—

(a) the AER is deemed to have the functions and powers a relevant Regulator has under sections 3, 8 and 10.8 of the Access Code as applied under this section; and

(b) every reference to a relevant Regulator in those sections as applied under this section is deemed to be a reference to the AER.

access arrangement revision proposal has the same meaning as in the National Gas Rules;

current access arrangement modification Rules means Rules made for or with respect to item 81 of Schedule 1 to the National Gas (Victoria) Law that are in force;

handover day means the day on which a revised gas distribution access arrangement is deemed to be an AER approved access arrangement under section 25.

27 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of National Gas (Victoria) Law

(1) Despite anything to the contrary in the National Gas (Victoria) Law, the definition of reviewable regulatory decision in section 244 of that Law is deemed, during the relevant transition period, to include decisions of the AER—

(a) that disallow a variation proposed by a service provider of a Reference Tariff contained in a revised gas distribution access arrangement deemed to be an AER approved access arrangement under section 25; or

(b) to make the AER's own variation of a Reference Tariff in respect of a revised gas distribution access arrangement deemed to be an AER approved access arrangement under section 25—

(i) on disallowing a variation proposed by a service provider; or

(ii) because a service provider fails to submit such a variation as required.

(2) In this clause—

new scheme revisions commencement date means the date revisions approved or made under the National Gas (Victoria) Law and the National Gas Rules to a revised gas distribution access arrangement deemed to be an AER approved full access arrangement under section 25 take effect following the first review of that access arrangement under that Law and those Rules after the NGL commencement day;

Reference Tariff has the same meaning as in the Access Code;

relevant transition period means the period—

(a) commencing on the NGL commencement day; and

(b) ending on the day after the day that is 15 business days after the new scheme revisions commencement date.

Division 3—AER functions, powers and duties under State instruments

28 Certain ESC functions, powers and duties conferred and imposed on the AER

(1) On and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the AER is, in relation to that gas distribution company and by force of this subsection—

(a) conferred—

(i) a relevant gas distribution system regulatory function or power; and

(ii) the functions and powers the ESC had immediately before that day under a condition of the distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services by that company; and

(b) subject to a gas distribution system regulatory duty.

(2) In addition, on and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the AER has, in relation to that gas distribution company, the functions and powers conferred, and is subject to the duties imposed, on it under this Division.

S. 28(3)amended by No. 11/2013 s. 22.

(3) For the purposes of this Division, on and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, every reference to the Essential Services Commission (by whatever name described) in—

(a) a relevant gas distribution system law or instrument (to the extent to which that law or instrument relates to that gas distribution company); or

(b) a condition of a distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services provided by that company—

is to be taken to be a reference to the AER or the Essential Services Commission, as the case requires.

In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.

S. 29amended by No. 11/2013 s. 23 (ILA s. 39B(1)).

29 ESC ceases to have distribution pipeline services related regulatory functions, powers and duties

(1) Despite anything to the contrary in any Act or instrument, on the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement the ESC, by force of this section—

(a) ceases, in relation to that gas distribution company, to have any function or power under—

(i) a relevant gas distribution system law or instrument (to the extent to which that law or instrument relates to that gas distribution company); or

(ii) a condition of a distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services provided by that company; and

(b) ceases, in relation to that gas distribution company, to be subject to any duty under a relevant gas distribution system law or instrument (to the extent to which that law or instrument relates to that gas distribution company).

In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.

S. 29(2)inserted by No. 11/2013 s. 23.

(2) On and after the commencement of section 23 of the Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, the ESC has every function or power under a specified law or instrument necessary for it to perform a function or duty or exercise a power under the Essential Services Commission Act 2001.

S. 29(3)inserted by No. 11/2013 s. 23.

(3) Subsection (2) applies despite anything to the contrary in subsection (1).

S. 29(4)inserted by No. 11/2013 s. 23.

(4) In subsection (2), specified law or instrument means—

(a) a relevant gas distribution system law or instrument; or

(b) a condition of a distribution licence held by a gas distribution company.

30 Enforcement by AER of certain provisions of Victorian distribution licences

(1) This section applies if—

(a) a gas distribution company—

(i) has contravened or is contravening or, in the opinion of the AER, is likely to contravene a condition of its distribution licence that requires compliance with—

(A) a provision of the Gas Distribution System Code that relates to the economic regulation of distribution pipeline services; or

(B) the Wimmera and Colac Tariff Order; or

(ii) has contravened or is likely to contravene, before the specified day, a condition of its distribution licence that requires compliance with ESC guideline No. 17; and

(b) the AER considers that the contravention or likely contravention is not of a trivial nature.

(2) The AER may serve a provisional order or a final order on the gas distribution company requiring the company—

(a) to comply with the relevant distribution licence condition; and

(b) if a contravention has already occurred, to take such actions as are specified in the order to rectify the contravention.

S. 30(3) amended by No. 41/2021 s. 132.

(3) Section 53(2) to (9) and section 54 of the Essential Services Commission Act 2001, as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, apply as if—

(a) a reference in those sections to a provisional order or a final order were a reference to a provisional order or a final order made and served under this section; and

(b) a reference to the Commission were a reference to the AER.

S. 31amended by No. 11/2013 s. 24 (ILA s. 39B(1)).

31 ESC cannot enforce certain gas distribution licence conditions that the AER can enforce

S. 31(1) amended by No. 41/2021 s. 133.

(1) On and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the ESC cannot make or serve a provisional order or a final order under section 53 of the Essential Services Commission Act 2001, as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, in respect of a contravention or likely contravention by that gas distribution company of a condition of a distribution licence held by that company that requires that company to comply with—

(a) a provision of the Gas Distribution System Code that relates to the economic regulation of distribution pipeline services; or

(b) the Wimmera and Colac Tariff Order; or

(c) ESC guideline No. 17.

In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.

S. 31(2)inserted by No. 11/2013 s. 24.

(2) Subsection (1) does not apply to a contravention or likely contravention by a gas distribution company of a condition of the distribution licence held by that company that requires compliance with an ESC enforceable regulatory requirement.

32 AER may request amendment of Gas Distribution System Code or ESC Guideline No. 17

(1) The AER may—

(a) request the ESC to amend the Gas Distribution System Code; or

(b) until the specified day, request the ESC to amend ESC guideline No. 17.

(2) On receiving a request under subsection (1), the ESC may, after consulting with the AER, amend the Gas Distribution System Code or ESC guideline No. 17 (as the case may be).

33 Appeals against certain decisions or actions of the AER

(1) This section applies if the AER, in exercise or performance, or purported exercise or performance, of a relevant gas distribution system regulatory function or power conferred on it under section 28, makes—

S. 33(1)(a) amended by No. 41/2021 s. 134.

(a) a requirement under section 37 of the Essential Services Commission Act 2001, as in force immediately before section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021; or

S. 33(1)(b) amended by No. 41/2021 s. 134.

(b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the Essential Services Commission Act 2001, as in force immediately before section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021.

(2) A person who is aggrieved by the requirement or decision may appeal to the Tribunal against the making of the requirement or decision.

S. 33(3) amended by No. 21/2019 s. 27(1)(a).

(3) Sections 55 and 56 of the Essential Services Commission Act 2001, as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, apply to an appeal under this section as if—

(a) a reference in those sections to section 55(1) were a reference to subsection (1) of this section; and

S. 33(3)(ab) inserted by No. 21/2019 s. 27(1)(b).

(ab) in those sections—

(i) a reference to section 55(1)(a) were a reference to subsection (1)(a) of this section; and

(ii) a reference to section 55(1)(b) were a reference to subsection (1)(b) of this section; and

(b) in section 55(3) for "the Registrar" there were substituted "the Tribunal"; and

(c) section 56(1) to (3) and (5) were omitted; and

(d) a reference in those sections to the Commission were a reference to the AER; and

(e) a reference in those sections to an appeal panel were a reference to the Tribunal.

S. 33(4) amended by No. 21/2019 s. 27(2)(a).

(4) Part 3 of the Essential Services Commission Regulations 2011, as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, applies to an appeal under this section as if—

S. 33(4)(a) amended by No. 21/2019 s. 27(2)(b).

(a) regulations 11 and 12 of that Part were omitted; and

(b) a reference in that Part to the Commission were a reference to the AER; and

(c) a reference in that Part to an appeal panel were a reference to the Tribunal; and

(d) a reference in that Part to the Registrar were a reference to the Tribunal.

S. 33(5) def. of Tribunal amended by No. 21/2012 s. 239(Sch. 6 item 30).

Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.

34 Provision of information and assistance by ESC to the AER

(1) Despite any other Act or law, the ESC is authorised, on its own initiative or at the request of the AER—

(a) to provide the AER with such information (including information given in confidence) in the possession or control of the ESC that is reasonably required by the AER for the purposes of this Division; and

(b) to provide the AER with such other assistance as is reasonably required by the AER to perform a function or duty, or exercise a power, conferred or imposed under this Division.

(2) Nothing done, or authorised to be done, by the ESC in acting under subsection (1)—

(a) constitutes a breach of, or default under, an Act or other law; or

(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or

(d) constitutes a civil or criminal wrong; or

(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

(f) releases a surety or any other obligee wholly or in part from an obligation.

(3) The ESC, by written notice, must inform the AER of the day on which a revised gas distribution access arrangement —

(a) will be deemed to be an AER approved full access arrangement under section 25; or

(b) in the ESC's opinion is likely to be deemed to be an AER approved full access arrangement under section 25.

In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.

S. 34Ainserted by No. 11/2013 s. 25.

34A Provision of information and assistance by AER to the ESC

(1) Despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), the AER is authorised, on its own initiative or at the request of the ESC—

(a) to provide the ESC with relevant regulatory information that is reasonably required by the ESC for the purposes of performing a function or duty or exercising a power under the Essential Services Commission Act 2001 in relation to a contravention or likely contravention by a gas distribution company of the distribution licence held by that company constituted by a contravention or likely contravention of an ESC enforceable regulatory requirement; and

(b) to provide the ESC with such other assistance as is reasonably required by the ESC to perform a function or duty, or exercise a power referred to in paragraph (a).

(2) Nothing done, or authorised to be done, by the AER in acting under subsection (1)—

(a) constitutes a breach of, or default under, an Act or other law; or

(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or

(d) constitutes a civil or criminal wrong; or

(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

(f) releases a surety or any other obligee wholly or in part from an obligation.

relevant regulatory information means information (including information given in confidence) in the possession or control of the AER that the AER has obtained in performing a function or duty or exercising a power under this Part.

Division 4—Miscellaneous matters

35 Consolidated access arrangements not permitted in respect of 2 or more covered distribution pipelines

(1) This section applies if a covered pipeline service provider provides or intends to provide pipeline services by means of 2 or more covered pipelines that are distribution pipelines.

(2) Despite section 7 or anything in the National Gas Rules, the AER must not direct the covered pipeline service provider to submit a consolidated access arrangement for all the relevant covered pipelines.

(3) Despite section 7 or anything in the National Gas Rules, the covered pipeline service provider cannot submit a consolidated access arrangement for all the relevant covered pipelines.

36 GPAL obligation comply with published general accounting guidelines continues

(1) Subsection (2) applies despite the repeal of the Gas Pipelines Access (Victoria) Law.

(2) Section 4.1(c), (d) and (e), section 4.2(a) of the Access Code and any general accounting guidelines published by the relevant Regulator as provided by section 4.2(a) and in effect before the NGL commencement day, continue to apply to a gas distribution company that is a covered pipeline service provider that provides pipeline services by means of a designated distribution pipeline—

(a) as if the Gas Pipelines Access (Victoria) Law had not been repealed; and

(b) until the specified day.

(3) In addition, despite section 7, section 141 of the NGL does not apply as a law of Victoria until after the specified day.

NGL means the Schedule to the National Gas (South Australia) Act 2008 of South Australia.

37 ESC Guideline No. 17 becomes a regulatory information order after specified day

(1) On the day after the specified day ESC Guideline No. 17 is deemed to be a regulatory information order that applies to a gas distribution company that is a scheme pipeline service provider (the transitioned Victorian distribution RIO).

(2) Despite section 7 and anything to the contrary in the National Gas (Victoria) Law, the AER must not—

(a) amend the transitioned Victorian distribution RIO so that the transitioned Victorian distribution RIO, as it relates to a Victorian transitioned access arrangement, prejudices the administration of that access arrangement; or

(b) revoke the transitioned Victorian distribution RIO; or

(c) substitute the transitioned Victorian distribution RIO with a regulatory information order that has the effect of prejudicing the administration of a Victorian transitioned access arrangement; or

S. 37(2)(d) substituted by No. 59/2008 s. 45(1).

(d) subject to section 38, prepare or serve a regulatory information notice that is inconsistent with the transitioned Victorian distribution RIO (as the transitioned Victorian distribution RIO applies to a Victorian transitioned access arrangement before the first NGL revisions day).

S. 37(3) amended by No. 59/2008 s. 45(2).

(3) The transitioned Victorian distribution RIO ceases to have effect in relation to a gas distribution company that is a scheme pipeline service provider on the first NGL revisions day.

S. 37(4) substituted by No. 59/2008 s. 45(3).

first NGL revisions day means the day revisions to a Victorian transitioned access arrangement that relate to pipelines services provided by that service provider, first approved or made in accordance with the National Gas (Victoria) Law and the National Gas Rules after the NGL commencement day, take effect;

Victorian transitioned access arrangement means a revised gas distribution access arrangement that is deemed to be an AER approved full access arrangement under section 25.

S. 38 amended by No. 59/2008 s. 46, expired by force of No. 30/2008 s. 38(4).

Pt 6
(Heading and ss 39–44) substituted as Pt 6
(Heading and ss 39–58) by No. 23/2009 s. 20.

Part 6—Declared systems and regulated gas markets

Division 1—Ministerial declarations

S. 39 substituted by No. 23/2009 s. 20, amended by No. 11/2013 s. 26 (ILA s. 39B(1)).

39 Declared distribution systems and declared transmission systems

(1) The Minister, by Order published in the Government Gazette, may declare—

(a) a distribution pipeline, or a part of a distribution pipeline, situated wholly or partly in Victoria to be a declared distribution system;

(b) a transmission pipeline, or a part of a transmission pipeline, situated wholly or partly in Victoria to be a declared transmission system.

S. 39(2)inserted by No. 11/2013 s. 26.

(2) A declaration in an Order under subsection (1) may be in relation to a specified provision of the National Gas (Victoria) Law.

S. 40 substituted by No. 23/2009 s. 20.

40 Declared host retailer

The Minister, by Order published in the Government Gazette, may declare a user to be a declared host retailer.

S. 41 substituted by No. 23/2009 s. 20.

41 Declared LNG storage providers and agreements

The Minister, by Order published in the Government Gazette, may declare—

(a) a person who owns, controls or operates a facility for storing liquefied natural gas in Victoria to be a declared LNG storage provider;

(b) a person who owns, controls or operates a facility, in Victoria, that converts natural gas into liquefied natural gas to be a declared LNG supplier;

(c) an agreement relating to, among other things, the supply of liquefied natural gas for storage to be a declared LNG supply agreement.

S. 42 substituted by No. 23/2009 s. 20.

42 Declared metering requirement

S. 42(1) amended by No. 24/2023 s. 6(1).

(1) The Minister, by Order published in the Government Gazette, may declare the ESC Gas Distribution System Code of Practice, or any provision of that Code of Practice, to be a declared metering requirement.

S. 42(2) amended by No. 24/2023 s. 6(2).

(2) The ESC Gas Distribution System Code of Practice, or the provision of that Code of Practice, that is declared by an Order under subsection (1), may be declared as modified by that Order to make any necessary or consequential amendments to the Code of Practice, or the provision of the Code of Practice, in its continuing application under the National Gas Rules.

S. 42(3) substituted by No. 24/2023 s. 6(3).

ESC Gas Distribution System Code of Practice means the ESC Gas Distribution System Code of Practice made by the ESC under Part 6 of the Essential Services Commission Act 2001 as amended from time to time.

S. 43 substituted by No. 23/2009 s. 20.

43 Declared wholesale gas market

The Minister, by Order published in the Government Gazette, may declare a wholesale gas market that operates in Victoria to b e a declared wholesale gas market.

Division 2—AEMO's declared system functions

S. 44 substituted by No. 23/2009 s. 20.

44 Application of AEMO's declared system functions

Division 2 of Part 6 of Chapter 2 of the National Gas (Victoria) Law applies in this jurisdiction.

See section 91B of the National Gas (Victoria) Law.

S. 45 (Heading) amended by No. 11/2013 s. 27(1).

S. 45 inserted by No. 23/2009 s. 20, amended by No. 11/2013 s. 27(2).

45 Certain defined terms for the purposes of the National Gas (Victoria) Law and National Gas Rules

For the purposes of the National Gas (Victoria) Law and the National Gas Rules—

declared distribution system means a distribution pipeline, or a part of a distribution pipeline, declared by Order under section 39 to be a declared distribution system;

declared host retailer means a user declared by Order under section 40 to be a declared host retailer;

declared LNG storage provider means a person who owns, controls or operates a facility for storing liquefied natural gas in Victoria declared by Order under section 41 to be a declared LNG storage provider, or any successor in law or assignee of that LNG storage provider;

declared LNG supplier means a person who owns, controls or operates a facility, in Victoria, that converts natural gas into liquefied natural gas declared by Order under section 41 to be a declared LNG supplier, or any successor in law or assignee of that LNG supplier;

declared LNG supply agreement means an agreement relating to the supply of liquefied natural gas, as amended from time to time, declared by Order under section 41 to be a declared LNG supply agreement;

S. 45 def. of declared metering requirement amended by No. 24/2023 s. 7.

declared metering requirement means the ESC Gas Distribution System Code of Practice, or the provisions of that Code of Practice, declared, or declared as modified, by Order under section 42 to be a declared metering requirement;

declared transmission system means a transmission pipeline, or a part of a transmission pipeline, declared by Order under section 39 to be a declared transmission system;

declared wholesale gas market means a wholesale gas market declared by Order under section 43 to be a declared wholesale gas market;

licensee has the same meaning as in the Gas Industry Act 2001.

Division 3—Regulatory arrangements

S. 46 inserted by No. 23/2009 s. 20.

46 Definitions

current operating agreement means an agreement specified by Order under section 47 to be a current operating agreement;

current service envelope agreement means the Service Envelope Agreement entered into between VENCorp, APA GasNet Australia Pty Ltd ACN 079 136 413, and APA GasNet Australia (Operations) Pty Ltd
ACN 083 009 278, dated 20 November 2006 as amended from time to time;

specified code or guideline means a code or guideline specified, or specified as modified, under an Order under section 48;

specified VENCorp provision means a provision of a code or guideline specified, or specified as modified, under an Order under section 48.

S. 47 inserted by No. 23/2009 s. 20.

47 Declaration of current operating agreements

The Minister, by Order published in the Government Gazette, may specify an agreement to which VENCorp is a party to be a current operating agreement.

S. 48 inserted by No. 23/2009 s. 20.

48 Ministerial specification of ESC code or guidelines or provisions under ESC codes or guidelines

(1) The Minister, by Order published in the Government Gazette, may specify a code or guideline published by the ESC, or a provision of such a code or guideline, that confers a function or power, or imposes a duty, on VENCorp and that relates to—

(a) the provision of pipeline services provided by means of a transmission pipeline that is a declared transmission system; or

(b) a transmission pipeline that is a declared transmission system; or

(c) the operation and administration of a declared wholesale gas market—

as, as the case requires, a specified code or guideline or a specified VENCorp provision if the Minister considers that AEMO must be conferred that function or power, or be subject to that duty.

(2) The code or guideline published by the ESC, or the provision of such a code or guideline, that is specified by an Order under subsection (1), may be specified as modified by that Order to make any necessary or consequential amendments to the code or guideline, or the provision of the code or guideline, in its application to AEMO.

S. 49 inserted by No. 23/2009 s. 20.

49 Current operating agreement

On the transition day, a current operating agreement is to be taken to be an operating agreement (within the meaning of section 91BG(1) of the National Gas (Victoria) Law).

By operation of section 238 of the Gas Industry Act 2001, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day.

S. 50 inserted by No. 23/2009 s. 20.

50 Current service envelope agreement

On the transition day, the current service envelope agreement is to be taken to be a service envelope agreement (within the meaning of section 91BE(1) of the National Gas (Victoria) Law).

By operation of section 238 of the Gas Industry Act 2001, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day.

S. 51 inserted by No. 23/2009 s. 20.

51 Specified code or guidelines and specified VENCorp provisions

(1) On and after the transition day, AEMO is, by force of this subsection—

(a) conferred a function or power VENCorp had under a specified code or guideline or specified VENCorp provision immediately before that day; and

(b) subject to every duty imposed on VENCorp under a specified code or guideline or specified VENCorp provision immediately before that day.

(2) On and after the transition day, every reference to VENCorp in a specified code or guideline or specified VENCorp provision is to be taken to be a reference to the AEMO unless the context otherwise requires.

Division 4—Gas emergencies

S. 52 inserted by No. 23/2009 s. 20.

52 Definitions

Gas Emergency Procedures means the document entitled Emergency Procedures (Gas) dated 6 February 2008—

(a) prepared by VENCorp under clause 6.2.2(c) of the MSO Rules; and

(b) as in force immediately before the transition day;

gas emergency protocol means a protocol made by AEMO under section 53;

Gas Curtailment Guidelines means Issue 7.0 of the Gas Load Curtailment and Gas Rationing and Recovery Guidelines—

(a) published by VENCorp and dated March 2003; and

(b) as in force immediately before the transition day;

Gas Curtailment List means the emergency curtailment list prepared by VENCorp under clause 6.4.3 of the MSO Rules, as in force immediately before the transition day.

S. 53 inserted by No. 23/2009 s. 20.

53 Gas emergency protocol

(1) Subject to this Division, AEMO must make and keep up to date a protocol (a gas emergency protocol) that—

(a) classifies gas emergencies into categories having regard to their scale, effect, or any other relevant matter or circumstance;

(b) describes the actions to be taken by AEMO, Energy Safe Victoria, Registered participants, and any other relevant party for each category of gas emergency;

(c) sets out the customers or classes of customers to be curtailed in the case of each category of gas emergency and the order of their curtailment;

(d) describes the matters or things to be taken into account in determining who will be curtailed in the case of each category of gas emergency and the order of their curtailment;

(e) sets out the order of restoration of supply of gas to customers or classes of customers;

(f) describes the matters or things to be taken into account in determining the order of restoration of supply of gas to customers or classes of customers;

(g) provides for rationing of the supply of gas and the basis on which it will be administered;

(h) provides for how gas emergencies are to be managed and by whom;

(i) provides for any other matter relating to a gas emergency.

(2) AEMO must publish a gas emergency protocol it makes on its website.

(3) Before making a gas emergency protocol, AEMO must consult with the Minister, Energy Safe Victoria and Registered participants.

(4) In making a gas emergency protocol, AEMO must have regard to the economic and social needs of the Victorian community.

S. 54 inserted by No. 23/2009 s. 20.

54 Ministerial directions

(1) The Minister may give AEMO a written direction in relation to—

(a) what should or should not be in a gas emergency protocol made or to be made by AEMO; or

(b) the administration or operation of a gas emergency protocol made or to be made by AEMO.

(2) AEMO must comply with a direction under subsection (1).

S. 55 inserted by No. 23/2009 s. 20.

55 Registered participants must comply with gas emergency protocol

(1) Subject to subsection (2), a Registered participant must comply with a gas emergency protocol published by AEMO.

(2) A Registered participant is not required to comply with a gas emergency protocol, or a part of a gas emergency protocol, published by AEMO that is inconsistent with a direction given to the Registered participant—

(a) by Energy Safe Victoria; or

(b) by the Minister under Part 9 of the Gas Industry Act 2001.

S. 56 inserted by No. 23/2009 s. 20.

56 Gas emergency protocol—transitional provision

On the transition day, all of the Gas Emergency Procedures, the Gas Curtailment Guidelines and the Gas Curtailment List, are to be taken to be one gas emergency protocol made by AEMO.

Division 5—Other matters

S. 57 inserted by No. 23/2009 s. 20.

57 Notice of change to declared LNG storage provider or declared LNG supplier

(1) If a declared LNG storage provider enters into an agreement that transfers or assigns the ownership, control or operation of the facility for storing liquefied natural gas, the provider must provide, as soon as practicable after entering into the agreement, the required details to—

(a) the Minister; and

(b) AEMO.

(2) If a declared LNG supplier enters into an agreement that transfers or assigns the ownership, control or operation of the facility that converts natural gas into liquefied natural gas, the supplier must provide, as soon as practicable after entering into the agreement, the required details to—

(a) the Minister; and

(b) AEMO.

(3) On receipt of the required details under subsection (1) or (2), AEMO must publish those details on its website.

(4) AEMO, by publishing the required details on its website, incurs no liability for breach of contract, breach of confidence or any other civil wrong.

required details means—

(a) for the person to whom a declared LNG storage provider transfers or assigns the ownership, control or operation of the facility for storing liquefied natural gas—

(i) name;

(ii) Australian Company Number or Australian Business Number;

(iii) principal place of business;

(iv) any other information specified by the Minister by notice published in the Government Gazette;

(b) for the person to whom a declared LNG supplier transfers or assigns the ownership, control or operation of the facility that converts natural gas into liquefied natural gas—

(i) name;

(ii) Australian Company Number or Australian Business Number;

(iii) principal place of business;

(iv) any other information specified by the Minister by notice published in the Government Gazette.

S. 58 inserted by No. 23/2009 s. 20.

58 MSO Rules procedures and guidelines—transitional provision

(1) On the transition day, MSO Rules procedures and guidelines are to be taken to be Wholesale Market Procedures.

MSO Rules procedures and guidelines means any of the following documents as in force immediately before the transition day—

(a) the system security guidelines established and updated from time to time under clause 1.2.1(c) of the MSO Rules;

(b) the gas scheduling procedures developed, documented and made available under clause 3.1.1(d) of the MSO Rules;

(c) the demand forecast procedures established, modified and published under clause 3.1.3A(d) of the MSO Rules;

(d) the accreditation procedures established and published under clause 3.1.6(d) of the MSO Rules;

(e) the administered pricing procedure established under clause 3.2.5(a) of the MSO Rules;

(f) the compensation guidelines established and updated under clause 3.6.5A(i) of the MSO Rules;

(g) the ancillary payment procedures established and published under clause 3.6.7(aa) of the MSO Rules;

(h) the uplift payments procedures established and published under clause 3.6.8(a) of the MSO Rules;

(i) the connections guidelines established and updated from time to time under clause 4.1.7(f) of the MSO Rules;

(j) the energy content procedures established under clause 4.4.13(ea) of the MSO Rules;

(k) the metering communications procedures referred to under clause 4.4.18(c) of the MSO Rules;

(l) the data validation process established under clause 4.4.24(b) of the MSO Rules;

(m) the electronic communication procedures developed under clause 5.1.2(e) of the MSO Rules;

(n) the AMDQ credit certificates transfer procedures established and published under clause 5.3.5(b) of the MSO Rules.

Pt 6 Div. 6 (Heading and ss 58A–58J) inserted by No. 10/2026 s. 3.

Division 6—Improvements to declared transmission systems

S. 58A inserted by No. 10/2026 s. 3.

58A Definitions and interpretation

(1) In this Division—

improvement related costs means—

(a) costs of a specified improvement; or

(b) costs incurred in the provision of, or in acquiring or utilising, specified improvement services;

modify includes add, omit or substitute;

pipeline equipment has the same meaning as in Part 19 of the Rules;

specified improvement—see section 58B(1)(a)(i);

specified improvement services—see section 58B(1)(a)(ii).

(2) Words and expressions used in this Division that are defined or used in the Rules—

(a) have, subject to paragraph (b), the same meaning in this Division as they have under the Rules; and

(b) are to be read subject to any modifications made to those words or expressions under this Division or an Order under section 58B.

(3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

S. 58B inserted by No. 10/2026 s. 3.

58B Order modifying regulatory arrangements relating to extensions to or expansion of declared transmission systems

(1) Subject to this Division, the Minister, by Order published in the Government Gazette, may do any one or more of the following—

(a) specify, for the purposes of the Order—

(i) the carrying out of one or more of the following as an improvement—

(A) an extension to or expansion of the capacity of a declared transmission system;

(B) the connection of a pipeline or pipeline equipment to a declared transmission system;

(C) an improvement or upgrade to a pipeline or pipeline equipment that forms part of a declared transmission system;

(D) an improvement or upgrade to a facility for storing liquefied natural gas that is connected to a declared transmission system; or

(ii) services provided or to be provided in relation to or by means of a specified improvement as specified improvement services;

(b) provide that a specified provision of the Rules does not apply in respect of—

(c) modify the application of a specified provision of the Rules to—

(d) regulate—

(e) specify a provision of the Order, or a provision of the National Gas (Victoria) Law or the Rules modified by the Order, as a civil penalty provision for the purposes of the National Gas (Victoria) Law.

(2) Without limiting subsection (1), an Order under subsection (1) may do any one or more of the following—

(a) modify the application of standards, procedures or guidelines published under the Rules to—

(i) a specified improvement; and

(b) specify matters or things that are to apply in relation to—

(i) a specified improvement; and

(c) require a declared transmission system service provider or prospective declared transmission system service provider to—

(i) plan the carrying out of a specified improvement; and

(ii) carry out a specified improvement; and

(iii) facilitate the planning, carrying out or operation of a specified improvement;

(d) disapply, or modify the application of a provision of, the National Gas (Victoria) Law as a consequence of a provision of the Order that disapplies or modifies the application of another provision of the National Gas (Victoria) Law in respect of—

(e) disapply, or modify the application of a provision of, the Rules as a consequence of a provision of the Order that disapplies or modifies the application of another provision of the Rules in respect of—

(f) provide that improvement related costs may be recovered through charges for services specified in the Order;

(g) specify that any expenditure required for a specified improvement is conforming capital expenditure.

(3) An Order under subsection (1) may—

(a) be of limited or general application;

(b) differ according to time, place or circumstances;

(c) confer functions and powers on, or leave any matter or thing to be decided by, AEMO or the AER;

(d) require AEMO or a declared transmission system service provider to provide information or advice to the Minister;

(e) apply, adopt or incorporate any matter contained in any document, whether—

(i) wholly or partially or as amended by the Order; or

(ii) as existing at the time the Order is made or at any time before then; or

(iii) as existing from time to time;

(f) contain provisions of a savings or transitional nature on the making of the Order;

(g) provide for any matter that is incidental to a matter set out in the Order or necessary to give effect to a matter set out in the Order.

S. 58C inserted by No. 10/2026 s. 3.

58C Functions and powers conferred on AEMO by Order

A function or power conferred on AEMO by an Order under section 58B is taken to be conferred by this Act for the purposes of the National Gas (Victoria) Law.

S. 58D inserted by No. 10/2026 s. 3.

58D Matters that the Minister may have regard to in making an Order

In making an Order under section 58B, the Minister may have regard to any one or more of the following—

(a) the security and reliability of the operation of, and the supply of gas from, a declared transmission system in Victoria or in Victoria and another participating jurisdiction;

(b) options available under the National Gas (Victoria) Law and the Rules to address any crucial national or Victorian gas system need, including alternatives to extension to or expansion of a declared transmission system in Victoria or in Victoria and another participating jurisdiction;

(c) the potential costs to end users of any options referred to in paragraph (b);

(d) the immediate, medium and long-term needs of a declared wholesale gas market or a declared transmission system in Victoria or in Victoria and another participating jurisdiction;

(e) the actual or projected amount of gas production, gas reserves or other gas supply sources in Victoria and any other participating jurisdiction;

(f) the available transportation capacity of a declared transmission system in Victoria;

(g) any other matter that the Minister considers relevant.

S. 58E inserted by No. 10/2026 s. 3.

58E Consultation before the making of an Order

(1) Before making an Order under section 58B, the Minister must consult with—

(a) the Premier; and

(b) the Treasurer; and

(c) AEMO; and

(d) the declared transmission system service provider.

(2) Subsection (1) does not apply if the Order the Minister proposes to make is a minor Order.

minor Order means an Order under section 58B which amends another Order made under that section—

(a) to modify the application of a standard, procedure or guideline pursuant to section 58B(2)(a); or

(b) to specify a matter or thing pursuant to section 58B(2)(b); or

(c) to correct a clerical mistake or an error arising from an accidental slip or omission.

S. 58F inserted by No. 10/2026 s. 3.

58F Publication of reasons for the making of an Order

(1) The Minister must publish in the Government Gazette the Minister's reasons for making an Order under section 58B at the same time as the Order is published in the Government Gazette.

(2) In addition, the Minister must publish the Minister's reasons for making an Order under section 58B on the Department's internet site as soon as practicable after the reasons are published in the Government Gazette.

S. 58G inserted by No. 10/2026 s. 3.

58G Non-compliance with an Order enforceable under National Gas (Victoria) Law

Despite section 7, if an Order under section 58B is in effect—

(a) a reference to "this Law" or "the Law" in Part 1 of Chapter 2, Chapter 3 or Chapter 8 of the National Gas (Victoria) Law is to be read as including a reference to an Order under section 58B, unless the context otherwise requires; and

(b) a reference to a "civil penalty provision" in the National Gas (Victoria) Law is to be read as including a reference to a provision of an Order under section 58B, or a provision of the National Gas (Victoria) Law or the National Gas Rules modified by the Order, which under the Order is a civil penalty provision for the purposes of the National Gas (Victoria) Law.

S. 58H inserted by No. 10/2026 s. 3.

58H Court order in relation to contraventions of enforceable provisions

(1) If, on an application by the Minister, the Supreme Court is satisfied that a person—

(a) has contravened, or is proposing to contravene, an enforceable provision; or

(b) has been in any way, directly or indirectly, knowingly concerned in, or party to, a contravention or proposed contravention of an enforceable provision; or

(c) has aided, abetted, counselled or procured such a contravention; or

(d) has induced, whether by threats or promises or otherwise, such a contravention; or

(e) has been in any way, directly or indirectly, knowingly concerned in, or party to such a contravention; or

(f) has conspired with others to effect such a contravention—

the Court may make an order restraining a person from engaging in specified conduct or requiring a person to take any specific action, in such terms as the Court determines is appropriate.

(2) If an application for an order under subsection (1) has been made, the Court may, if the Court determines it to be appropriate, make an order by consent of all the parties to the proceeding, whether or not the Court is satisfied that a person has contravened, or is proposing to contravene, the enforceable provision.

(3) If in the opinion of the Court it is desirable to do so, the Court may make an interim order pending determination of an application under subsection (1).

(4) The Court may rescind or vary an order or interim order made under this section.

(5) The power of the Court to grant an order restraining a person from engaging in conduct contravening an enforceable provision may be exercised—

(a) whether or not it appears to the Court that the person intends to contravene again, or to continue to contravene the enforceable provision; and

(b) whether or not the person has previously contravened the enforceable provision; and

(c) whether or not there is an imminent danger of substantial damage to any other person or to property if the person contravenes the enforceable provision.

(6) In this section—

enforceable provision means—

(a) a provision of the National Gas (Victoria) Law applying as a law of Victoria, or a provision of the National Gas Rules having the force of law in Victoria, as modified under an Order under section 58B, which—

(i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision, as modified; or

(ii) prohibits a person from doing a thing specified in the provision, as modified; or

(b) a provision of an Order under section 58B which—

(i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision; or

(ii) prohibits a person from doing a thing specified in the provision.

S. 58I inserted by No. 10/2026 s. 3.

58I Recovery of improvement related costs specified in an Order

(1) This section applies despite anything to the contrary in the National Gas (Victoria) Law or the Rules.

(2) For the purposes of the National Gas (Victoria) Law and the Rules, improvement related costs specified in an Order under section 58B as recoverable through charges in respect of services specified in that Order may be recovered through such charges.

S. 58J inserted by No. 10/2026 s. 3.

58J Certain requirements of Environment Effects Act 1978 not to apply to Orders

Nothing in section 8C(1)(b) of the Environment Effects Act 1978 prevents the Minister from making any Order under section 58B.

Pt 7 (Heading and ss 59, 60) inserted by No. 1/2017 s. 19.

Part 7—Other specific Victorian arrangements

Pt 7 Div. 1 (Heading) inserted by No. 28/2020 s. 4.

Division 1—Modifications relating to wholesale gas markets and pipeline service providers

S. 59 inserted by No. 1/2017 s. 19, amended by No. 28/2020 s. 5.

59 Definitions

NGL means the National Gas Law set out in the Schedule to the South Australian Act as in force for the time being.

S. 60 inserted by No. 1/2017 s. 19.

60 Application of certain provisions of the South Australian Act—Wholesale gas markets and pipeline service providers

Despite section 7, the modifications to the NGL set out in Schedule 1 have effect.

Until the commencement of this section, amendments made to the NGL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 88 of Schedule 3 to the NGL. The effect of this section is to apply some of those amendments as laws of Victoria.

Pt 7 Div. 2 (Headings and ss 61–69) inserted by No. 28/2020 s. 6.

Division 2—Modifications relating to distributor access arrangements

Subdivision 1—Preliminary

S. 61

61 Definitions and interpretation

(1) In this Division—

2018 rate of return instrument means the first rate of return instrument made by the AER under section 30D of the National Gas (Victoria) Law;

2022 rate of return instrument means the rate of return instrument made by the AER under section 30D of the National Gas (Victoria) Law that replaces the 2018 rate of return instrument;

applicable 2018–2022 access arrangement means—

(a) the AusNet Gas Services
2018–2022 access arrangement; or

(b) the Multinet Gas Distribution Partnership 2018–2022 access arrangement; or

(c) the Australian Gas Networks Partnership 2018–2022 access arrangement;

applicable 2023–2027 access arrangement means the full access arrangement applying to services provided by a Victorian distributor by means of a declared distribution system that applies immediately after the applicable 2018–2022 access arrangement applying to the services provided by the Victorian distributor ceases effect;

applicable access arrangement extension period, for an applicable 2018–2022 access arrangement, means the period—

(a) commencing on the day on which an 2018–2022 access arrangement would otherwise cease to have effect; and

(b) ending on 30 June 2023;

See also section 63.

AusNet Gas Services 2018–2022 access arrangement means the full access arrangement—

(a) applying to services provided by AusNet Gas Services Pty Ltd
(ABN 43 086 015 036) by means of a declared distribution system; and

(b) published by the AER with its final decision under rule 62 of the Rules on 30 November 2017 approving the access arrangement proposal forming the basis for that full access arrangement—

Australian Gas Networks Partnership 2018–2022 access arrangement means the full access arrangement—

(a) applying to services provided by Australian Gas Networks (Vic) Pty Ltd (ACN 085 899 001) or Australian Gas Networks (Albury) Limited
(ABN 84 000 001 249) by means of a declared distribution system; and

(b) published by the AER with its final decision under rule 62 of the Rules on 30 November 2017 approving the access arrangement proposal (consolidated under an approval under rule 53 of the Rules) forming the basis for that full access arrangement—

modify includes add, omit or substitute;

Multinet Gas Distribution Partnership
2018–2022 access arrangement means the full access arrangement—

(a) applying to services provided by Multinet Gas Distribution Partnership (ACN 634 214 009) by means of a declared distribution system; and

(b) published by the AER with its final decision under rule 62 of the Rules on 30 November 2017 approving the access arrangement proposal forming the basis for that full access arrangement—

variation decision means a decision under section 69(2);

Victorian distributor means any of the following—

(a) AusNet Gas Services Pty Ltd
(ABN 43 086 015 036);

(b) Multinet Gas Distribution Partnership (ACN 634 214 009);

(c) Australian Gas Networks (Vic) Pty Ltd (ACN 085 899 001) or Australian Gas Networks (Albury) Limited
(ABN 84 000 001 249).

(2) Words and expressions used in this Division that are defined or used in the Rules—

(a) have, subject to paragraph (b), the same meaning in this Division as they have under the Rules; and

(b) are to be read subject to any modifications made to those words or expressions under this Division.

(3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

Subdivision 2—Access arrangement periods for distribution pipeline access arrangements

S. 62

62 AER must, in a full access arrangement decision, fix 1 July as date on which full access arrangement takes effect

(1) This section applies if, under the Rules, the AER receives an access arrangement proposal for a full access arrangement, or a revised full access arrangement, that is to apply to services provided by means of a declared distribution system on and after the commencement of section 6 of the National Energy Legislation Amendment Act 2020.

(2) Despite anything to the contrary in the National Gas (Victoria) Law or the Rules, or any access arrangement proposal, the AER must, in a full access arrangement decision that approves the access arrangement proposal, fix 1 July following the date of the decision as the date on which the full access arrangement, or a revised full access arrangement, to which the decision relates takes effect.

Subdivision 3—Extension of operation of applicable 2018–2022 access arrangements

S. 63

63 Applicable 2018–2022 access arrangements extended until 30 June 2023

(1) This section applies despite anything to the contrary in—

(a) the National Gas (Victoria) Law; or

(b) the Rules; or

(c) an applicable 2018–2022 access arrangement.

(2) Subject to this Division, an applicable 2018–2022 access arrangement continues in effect until 30 June 2023.

Subdivision 4—Orders in Council relating to applicable access arrangements

S. 64

64 Order setting requirements for modifications and variations to certain instruments

(1) The Governor in Council, by Order published in the Government Gazette, for the purposes of giving effect to Subdivision 3, may do any one or more of the following—

(a) declare whether the 2018 rate of return instrument or the 2022 rate of return instrument applies to an applicable access arrangement extension period for an applicable 2018–2022 access arrangement (the declared rate of return instrument);

(b) modify the application of the declared rate of return instrument as it applies to the making of an AER economic regulatory decision relating to an applicable access arrangement extension period for an applicable

(c) set out principles with which variations made to an applicable 2018–2022 access arrangement under section 69 must conform;

(d) set out objectives which must be met by variations made to an applicable 2018–2022 access arrangement under section 69;

(e) specify particular variations which must, or must not, be made to an applicable 2018–2022 access arrangement under section 69;

(f) specify matters as matters to which an applicable 2023–2027 access arrangement must, or must not, apply.

(2) Without limiting subsection (1), an Order under that subsection may relate to and of the following—

(a) the review submission date contained in an applicable 2018–2022 access arrangement;

(b) a reference tariff variation mechanism included in an applicable 2018–2022 access arrangement;

(c) an incentive mechanism included in an applicable 2018–2022 access arrangement;

(d) any fixed principles included in an applicable 2018–2022 access arrangement;

(e) reference tariffs specified in an applicable 2018–2022 access arrangement, including their approval;

(f) reference tariffs that are to apply during—

(g) revenues to be derived from the provision of pipeline services during—

(h) costs and expenditure to be incurred in the provision of pipeline services during—

(i) any efficient costs that a Victorian distributor incurs as a direct result of the enactment of Subdivision 3 and how those costs may be recovered under—

(i) an applicable 2018–2022 access arrangement;

(ii) an applicable 2023–2027 access arrangement.

S. 65

65 Order modifying the National Gas (Victoria) Law and Rules

(1) The Governor in Council, by Order published in the Government Gazette, for the purposes of giving effect to an Order under section 64, may do either or both of the following—

(a) modify the operation of the National Gas (Victoria) Law as it applies as a law in Victoria;

(b) modify the operation of the Rules as they have the force of law in Victoria.

(2) Without limiting subsection (1), an Order under that subsection may include a modification that provides that—

(a) a specified provision of the Rules does not have the force of law in Victoria;

(b) a specified definition in the Rules does not have the force of law in Victoria.

S. 66

66 General provisions apply to Orders under this Subdivision

(1) An Order under section 64 or 65 may—

(a) be of limited or general application;

(b) differ according to time, place or circumstances;

(c) confer functions and powers on, or leave any matter or thing to be decided by, the AER, or impose any duty on the AER;

(d) contain provisions of a savings or transitional nature on the making of the Order;

(e) make any modifications in relation to, or provide for, any matter that is—

(i) incidental to a matter set out in the Order; or

(ii) necessary to give effect to a matter set out in the Order.

(2) An Order under section 64 or 65 has effect as from the date specified in the Order.

S. 67

67 Functions and powers conferred and duties imposed on AER

A function or power conferred or a duty imposed on the AER by an Order under this Subdivision is taken to be conferred or imposed by this Act.

See sections 44AH and 44AI of the Competition and Consumer Act 2010 of the Commonwealth.

S. 68

68 Effect of Orders under this Subdivision

(1) An Order under this Subdivision has effect according to its tenor in relation to the following despite anything to the contrary in—

(a) this Act;

(b) any agreement or contract.

(2) In addition—

(a) the National Gas (Victoria) Law applies as a law of Victoria subject to an Order under this Subdivision; and

(b) the Rules have the force of law in Victoria subject to an Order under this Subdivision; and

(c) the 2018 rate of return instrument or the 2022 rate of return instrument, as the case requires, has the force of law in Victoria subject to any Order under this Subdivision; and

(d) an applicable 2018–2022 access arrangement (whether or not varied under section 69) has effect subject to any Order under this Subdivision; and

(e) an applicable 2023–2027 access arrangement has effect subject to any Order under this Subdivision.

Subdivision 5—AER variations to applicable
2018–2022 access arrangements

S. 69

69 AER variations to applicable 2018–2022 access arrangements

(1) This section applies despite anything to the contrary in—

(a) the National Gas (Victoria) Law; or

(b) the Rules; or

(c) an applicable 2018–2022 access arrangement.

(2) Subject to this Division, the AER may make any variation to an applicable 2018–2022 access arrangement that it considers necessary to be made as a consequence of the enactment of Subdivision 3.

(3) Without limiting subsection (2), the AER may do any one or more of the following—

(a) vary—

(i) the review submission date contained in an applicable 2018–2022 access arrangement;

(ii) a reference tariff variation mechanism included in an applicable 2018–2022 access arrangement;

(iii) an incentive mechanism included in an applicable 2018–2022 access arrangement;

(iv) any fixed principles included in an applicable 2018–2022 access arrangement;

(v) reference tariffs specified in an applicable 2018–2022 access arrangement;

(b) provide for—

(i) reference tariffs that are to apply during the applicable access arrangement extension period of an applicable

(ii) revenues to be derived from the provision of pipeline services during the applicable access arrangement extension period of an applicable

(iii) costs and expenditure to be incurred in the provision of pipeline services during the applicable access arrangement extension period of an applicable 2018–2022 access arrangement;

(iv) the recovery by a Victorian distributor of any efficient costs that the Victorian distributor incurs as a direct result of the enactment of Subdivision 3;

(c) make any other variations to an applicable 2018–2022 access arrangement that the AER considers necessary to be made as a consequence of—

(i) the enactment of Subdivision 3; or

(ii) the doing of a thing under subsection (2) or paragraph (a) or (b) of this subsection.

(4) The AER must not make a variation decision that is inconsistent with any applicable Order under this Division.

(5) When the AER makes a variation decision, it must—

(a) give a copy of the decision to the Victorian distributor whose applicable 2018–2022 access arrangement has been varied by the decision; and

(b) publish the decision on the AER's website.

Pt 7 Div. 3 (Heading and ss 70, 71) inserted by No. 24/2023 s. 8.

Division 3—General modifications to the NGL

S. 70 inserted by No. 24/2023 s. 8.

70 Definitions

NGL means the National Gas Law set out in the Schedule to the South Australian Act as in force for the time being.

S. 71 inserted by No. 24/2023 s. 8.

71 Application of certain provisions of the South Australian Act

Despite section 7, the modifications to the NGL set out in Schedule 2 have effect.

Sch. 1 inserted by No. 1/2017 s. 20.

Schedule 1—Modifications for wholesale gas
markets and pipeline service providers

1 Definitions

1.1 Section 2 of the NGL applies as a law of Victoria as if—

(a) before "In this Law" there were inserted "(1)"; and

(b) the following definitions were inserted in it (in the appropriate alphabetical place)—

"distributor means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a covered pipeline that is a distribution pipeline;

energy ombudsman means a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 36 of the Gas Industry Act 2001 of Victoria;

National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;

National Electricity Rules has the same meaning as in the National Electricity Law;

retail customer means a person to whom natural gas is sold for premises by a retailer;

retailer means a gas retailer within the meaning of the Gas Industry Act 2001 of Victoria;" and

(c) for the definition of end user there were substituted—

"end user means a person who acquires natural gas for consumption purposes, and includes a retail customer;"; and

(d) the definition of recognised energy industry ombudsman were omitted; and

(e) at the end of the section there were inserted—

"(2) A reference in this Law to an end user includes a reference to a prospective end user.".

2 New Part 5 in Chapter 1 inserted

2.1 The NGL applies as a law of Victoria as if after Part 4 in Chapter 1 there were inserted—

"Part 5—Corporations Act displacement

26A—Corporations Act displacement

(1) The National Gas (Victoria) Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.

relevant provision means a provision of the Rules that relates to the functions of the AEMO under procedures relating to defaults by retailers.".

3 Section 66 substituted

3.1 The NGL applies as a law of Victoria as if for section 66 there were substituted—

"66—Use of information provided under a notice under section 42 or a regulatory information instrument

The AER may use information provided to it by a person in compliance with a notice under section 42 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—

(a) this Law or the Rules; or

(b) the National Electricity Law or the National Electricity Rules.".

4 AER enforcement guidelines

4.1 Section 68(1) of the NGL applies as a law of Victoria as if—

(a) in paragraph (b), for the reference to "section 277." in that paragraph there were substituted "section 277; or"; and

(b) after paragraph (b) there were inserted—

"(c) accepting an enforceable undertaking under section 230A.".

5 New sections 68A and 68B inserted

5.1 The NGL applies as a law of Victoria as if after section 68 there were inserted—

"68A—Single documentation

(1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:

(a) the National Electricity Law;

(b) the National Electricity Rules,

for the same or a similar, related or corresponding purpose.

(2) The AER may satisfy the requirements of this Law or the Rules regarding the document under this Law or the Rules by preparing and making (and where relevant publishing) a single document.

Note—

See also section 28ZH of the National Electricity Law.

68B—Use of information

(1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:

(a) the National Electricity Law;

(b) the National Electricity Rules.

(2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.

(3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.

Note—

See also section 28ZI of the National Electricity Law.

6 Disclosure required or permitted by law etc.

6.1 Section 91GC(2) of the NGL applies as a law of Victoria as if for paragraph (g) there were substituted—

"(g) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end‑use consumer information—the energy ombudsman;".

7 New Part 1A of Chapter 8 inserted

7.1 The NGL applies as a law of Victoria as if after Part 1 of Chapter 8 there were inserted—

"Part 1A—Enforceable undertakings

230A—Enforceable undertakings

(1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.

(2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.

(3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4).

(4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:

(a) an order directing the person to comply with that term of the undertaking;

(b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;

(c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

(d) any other order that the Court considers appropriate.".

8 Proceedings for declaration that a person is in breach of a conduct provision

8.1 Section 232(4)(b) of the NGL applies as a law of Victoria as if after the words "if the person" in that paragraph there were inserted "engages".

9 AEMC may make Rules that are consequential to a Rule request

9.1 Section 297 of the NGL applies as a law of Victoria as if for subsection (1) there were substituted—

"(1) Despite section 295(2), the AEMC may, having regard to a request to make a Rule under section 29(1), make a Rule under this Law or the National Electricity Law that is necessary or consequential, or corresponds, to the Rule.".

Sch. 2 inserted by No. 24/2023 s. 9, amended by No. 10/2026 s. 5.

Schedule 2—General modifications to the NGL

1 AER proceedings for breaches of this Law, Regulations or the Rules that are not offences

1.1 The NGL applies as a law of Victoria as if after section 231(2) there were inserted—

"(2aa) For the purposes of subsection (2)(a), a civil penalty is taken to be determined in accordance with this Law, the Regulations and the Rules if—

(a) in the case of a breach of a civil penalty provision (other than a declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a civil penalty provision)—the civil penalty is determined in accordance with this Law, the Regulations and the Rules; and

(b) in the case of a breach of a declared system provision that is prescribed by or under the application Act of the adoptive jurisdiction to be a civil penalty provision—the civil penalty is prescribed by or under the application Act of the adoptive jurisdiction for that provision.".

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 May 2008

Legislative Council: 29 May 2008

The long title for the Bill for this Act was "A Bill for an Act to establish a framework to enable third parties to gain access to certain natural gas pipeline services, to repeal the Gas Pipelines Access (Victoria) Act 1998, to consequentially amend the Federal Courts (State Jurisdiction) Act 1999, the Gas Industry Act 2001, the Interpretation of Legislation Act 1984 and the Pipelines Act 2005 and for other purposes."

The National Gas (Victoria) Act 2008 was assented to on 17 June 2008 and came into operation on 1 July 2008: Special Gazette (No. 184) 1 July 2008 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the National Gas (Victoria) Act 2008 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

National Gas (Victoria) Act 2008, No. 30/2008

| Assent Date: | 17.6.08 | | Commencement Date: | S. 40 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1; s. 38(4) inserted on 23.10.08 by No. 59/2008 s. 46: s. 2(1) | | Note: | S. 38(4) provided that s. 38 expired on 1.1.18 |

Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008

| Assent Date: | 22.10.08 | | Commencement Date: | Ss 45, 46 on 23.10.08: s. 2(1) |

Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009

| Assent Date: | 17.6.09 | | Commencement Date: | Ss 16–20 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 |

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

| Assent Date: | 23.3.10 | | Commencement Date: | S. 800(Sch. 6 item 8) on 1.1.12: s. 2(2) |

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

| Assent Date: | 8.5.12 | | Commencement Date: | S. 239(Sch. 6 item 30) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |

Statute Law Revision Act 2012, No. 43/2012

| Assent Date: | 27.6.12 | | Commencement Date: | S. 3(Sch. item 33) on 28.6.12: s. 2(1) |

Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013,
No. 11/2013

| Assent Date: | 13.3.13 | | Commencement Date: | Ss 20–27 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2 |

Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017

| Assent Date: | 14.2.17 | | Commencement Date: | Ss 19, 20 on 1.1.18: s. 2(3) |

Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019

| Assent Date: | 20.8.19 | | Commencement Date: | S. 27 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 |

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020

| Assent Date: | 25.2.20 | | Commencement Date: | S. 57 on 1.1.21: s. 2(2) |

National Energy Legislation Amendment Act 2020, No. 28/2020

| Assent Date: | 20.10.20 | | Commencement Date: | Ss 4–6 on 1.6.21: s. 2(2) |

Energy Legislation Amendment Act 2021, No. 33/2021

| Assent Date: | 14.9.21 | | Commencement Date: | S. 20 on 15.9.21: s. 2(1) |

Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021

| Assent Date: | 19.10.21 | | Commencement Date: | Ss 132–134 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 |

Energy Legislation Amendment Act 2023, No. 24/2023

| Assent Date: | 5.9.23 | | Commencement Date: | Ss 5–10 on 6.9.23: s. 2 |

National Gas (Victoria) Amendment Act 2026, No. 10/2026

| Assent Date: | 24.3.26 | | Commencement Date: | Ss 3–5 on 25.3.26: s. 2 |

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3 Explanatory details

No entries at date of publication.