National Gas (Act) Act 2008

This Act is the National Gas (ACT) Act 2008.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A term used in the National Gas (ACT) Law has the same meaning in this Act.

Note A definition in an Act applies except so far as the contrary intention appears (see Legislation Act, s 155).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The Legislation Act, section 121 (Binding effects of Acts) applies to the National Gas (ACT) Law and the National Gas (ACT) Regulation as if—

the National Gas (ACT) Law were an Act; and

the National Gas (ACT) Regulation were a regulation made or in force under the National Gas (ACT) Law.

Note 1 The Legislation Act, s 121 provides that an Act binds all governments, including the Territory, the Commonwealth, a State and another Territory. However, the Australian Capital Territory (Self‑Government) Act 1988 (Cwlth), s 27 provides that, except as provided by the regulations under that Act, an ACT enactment does not bind the Crown in right of the Commonwealth.

Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see s 8 (2) and Legislation Act, s 104).

The Legislative Assembly intends that this Act, the National Gas (ACT) Law and the National Gas (ACT) Regulation should, so far as possible, operate to the full extent of the extra-territorial legislative power of the Territory.

Part 2 National Gas (ACT) Law and National Gas (ACT) Regulation

The National Gas Law set out in the schedule to the South Australian Act, as in force from time to time—

applies as a territory law; and

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

Note The South Australian Act is accessible at www.legislation.sa.gov.au.

The Legislation Act, section 104 (References to laws include references to instruments under laws) applies to the National Gas (ACT) Law as if the National Gas (ACT) Law were an Act.

Note The Legislation Act, s 104 provides that a reference to an Act includes a reference to the statutory instruments made or in force under the Act. The statutory instruments under the National Gas Law include the National Gas Rules.

The regulations in force from time to time under the South Australian Act, part 3 (Making of regulations and rules under National Gas Law)—

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

as so applying may be referred to as the National Gas (ACT) Regulation.

Note The South Australian Act is accessible at www.legislation.sa.gov.au.

In the National Gas (ACT) Law and the National Gas (ACT) Regulation:

adjacent area of another participating jurisdiction means the offshore area of a State within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cwlth), section 8 (Offshore areas of the States and Territories).

Note State includes the Northern Territory (see Legislation Act, dict, pt 1, def State).

court means the Supreme Court.

designated Minister means the Commonwealth Minister.

legislature of this jurisdiction means the Legislative Assembly.

National Gas Law or this Law means the National Gas (ACT) Law.

this jurisdiction means the Territory.

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

the National Gas Law set out in the schedule to the South Australian Act in its application as a territory law; or

regulations in force from time to time under the South Australian Act, part 3 (Making of regulations and rules under National Gas Law) in their application as regulations in force for the purposes of the National Gas (ACT) Law.

Part 3 Cross-vesting of powers

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

Note Exercise a function includes perform the function (see Legislation Act, dict, pt 1, def exercise), and function includes power (see Legislation Act, dict, pt 1, def function).

In this section:

Commonwealth bodies means any of the following:

AER;

NCC;

the Tribunal.

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

Note 1 State includes the Northern Territory (see Legislation Act, dict, pt 1, def State).

Note 2 Exercise a function includes perform the function (see Legislation Act, dict, pt 1, def exercise), and function includes power (see Legislation Act, dict, pt 1, def function).

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

may exercise the function; and

may do all things necessary or convenient to be done in connection with the exercise of the function.

Note Exercise a function includes perform the function (see Legislation Act, dict, pt 1, def exercise), and function includes power (see Legislation Act, dict, pt 1, def function).

Part 4 Miscellaneous