Section 91BRH — STTM Procedures — National Gas (NSW) Law (New South Wales) — Barrister AI

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s 1Citation s 2Definitions s 2AAdditives and impurities s 3Meaning of civil penalty provision s 3ACivil penalty amounts for breaches of civil penalty provisions s 4Meaning of conduct provision s 5Meaning of prospective user s 6Meaning of regulatory obligation or requirement s 7Meaning of regulatory payment s 8Meaning of service provider s 8AAMeaning of transportation service provider s 8ABMeaning of small shipper s 8ANominated distributors s 9Passive owners of pipelines deemed to provide or intend to provide pipeline services s 10Things done by 1 service provider to be treated as being done by all of service provider group s 11Local agents of foreign service providers s 12Commissioning of a pipeline s 13Pipeline classification criterion s 14Local regulations may exempt pipeline s 15(Repealed)s 16Form of regulation factors s 17Effect of separate and consolidated access arrangements in certain cases s 18Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a scheme pipeline s 19Expansions of the capacity of non-scheme pipelines to be taken to be part of non-scheme pipeline s 19ARelated bodies corporate s 20Interpretation generally s 21Participating jurisdictions s 22Ministers of participating jurisdictions s 23National gas objective s 23ARegulations may prescribe matters for national gas objective s 24Revenue and pricing principles relating to scheme pipelines s 24AInnovative trial principles s 25MCE statements of policy principles s 26National Gas Rules to have force of law s 26ACorporations Act displacement s 27Functions and powers of the AER s 28Manner in which AER must perform or exercise AER economic regulatory functions or powers s 29Delegations s 30Confidentiality s 30AADefinitions s 30ABMeaning of effective competition s 30ACAER wholesale market monitoring and reporting functions s 30ADInformation to be treated as confidential s 30AERedaction of information s 30AFLimits on use of section 42 information gathering powers s 30AGMatters to be considered before using section 42 information gathering powers s 30AHDefinitions s 30AIUrgent notices and urgent orders s 30AJContent of notices and orders s 30AKNotices and orders may be made for both past and future information s 30ALMaking and serving notices and orders s 30AMAER must consult before making order s 30ANPublication of orders s 30AOOpportunity to be heard before notice served s 30APCompliance with notice s 30AQCompliance with order s 30ARCertification of compliance by statutory declaration s 30ASSubdivision does not limit powers under Division 3 s 30ATWholesale market monitoring guidelines s 30AUReview of wholesale market monitoring powers s 30ADefinitions s 30BRate of return instrument has force of law s 30CRate of return instrument is binding on AER and scheme pipeline service providers s 30DAER to make rate of return instrument s 30EContent of rate of return instrument s 30FProcess for making rate of return instrument s 30GOther matters AER must have regard to in making instrument s 30HRequirements before publishing draft instrument s 30IConsumer reference group s 30JPublication of draft instrument and other information s 30KReport about draft instrument by independent panel s 30LPublication of explanatory information s 30MFailure to comply does not affect validity s 30NPublication of rate of return instrument s 30OCommencement and duration of instrument s 30PReview and replacement of instrument s 30QApplication of instrument s 30RRate of return instrument may apply for this Law and the National Electricity Law s 30SConfidentiality s 30TDisclosure of information given in confidence s 30UDefinitions s 30VInterpretative matters s 30WTrial waiver s 30XConditions of trial waiver s 30YConsultation on trial waiver s 30ZPublication etc of trial waiver s 30ZADuration of trial waiver s 30ZBExtension of trial waiver s 30ZCCompliance with trial waiver s 30ZDRevocation of trial waiver s 30ZEOther matters s 31Definitions s 32Authorised person s 33Identity cards s 34Return of identity cards s 35Search warrant s 36Announcement of entry and details of warrant to be given to occupier or other person at premises s 37Immediate entry permitted in certain cases s 38Copies of seized documents s 39Retention and return of seized documents or things s 40Extension of period of retention of documents or things seized s 41Obstruction of persons authorised to enter s 42Power to obtain information and documents in relation to performance and exercise of functions and powers s 43Definitions s 44Meaning of contributing service s 45Meaning of general regulatory information order s 46Meaning of regulatory information notice s 46AMeaning of price information order s 47Division does not limit operation of information gathering powers under Division 3 s 48Service and making of regulatory information instruments s 49Additional matters to be considered for related provider regulatory information instruments s 50AER must consult before publishing an order s 51Publication requirements for orders s 52Opportunity to be heard before regulatory information notice is served s 53Form and content of regulatory information instrument s 54Further provision about the information that may be described in a regulatory information instrument s 55Further provision about manner in which information must be provided to AER or kept s 56Compliance with regulatory information notice that is served s 57Compliance with order s 57AConfidentiality issues s 57BDisclosure of information given to AER in compliance with regulatory information instrument s 58Exemption from compliance with general regulatory information order or price information order s 59Assumptions where there is non-compliance with regulatory information instrument s 60Providing to AER false and misleading information s 61Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument s 62Legal professional privilege not affected s 63Protection against self-incrimination s 63AAER must monitor service providers’ behaviour s 63BAER must report to MCE s 64Preparation of service provider performance reports relating to scheme pipelines s 64AReferences in this Division to service providers s 64BCompliance audits by AER s 64CCompliance audits by service providers s 64DCarrying out of compliance audits s 64ECost of compliance audits s 64FAER Compliance Procedures and Guidelines s 65Consideration by the AER of submissions or comments made to it under this Law or the Rules s 66Use of information provided under a notice under section 42 or a regulatory information instrument s 67AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices s 68AER Guidelines s 68ASingle documentation s 68BUse of information s 68C(Repealed)s 69Functions and powers of the AEMC s 70Delegations s 71Confidentiality s 72AEMC must have regard to national gas objective s 72ATargets statement for greenhouse gas emissions targets s 73AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews s 74Subject matter for National Gas Rules s 75Rules relating to MCE or Ministers of participating jurisdictions require MCE consent s 76AEMC must not make Rules that create criminal offences or impose civil penalties for breaches s 77Documents etc applied, adopted and incorporated by Rules to be publicly available s 78Establishment of committees, panels and working groups s 79MCE directions s 80Terms of reference s 81Notice of MCE directed review s 82Conduct of MCE directed review s 83Rule reviews by the AEMC s 83A, 83AA(Repealed)s 83BStandard market timetable s 83CUse of the standard market timetable s 83DFalse or misleading statements s 84AEMC must publish and make available up to date versions of Rules s 85Fees s 86Immunity from personal liability of AEMC officials s 87Functions and powers of Minister of this participating jurisdiction under this Law s 88(Repealed)s 91Functions and powers of Tribunal under this Law s 91AAEMO’s statutory functions s 91ABAEMO’s power to carry out statutory functions s 91ACDelegation s 91ADAEMO’s east coast gas system reliability and supply adequacy functions s 91AEAEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions s 91AFAEMO’s power of direction—east coast gas system reliability and supply adequacy s 91AGEast Coast Gas System Procedures s 91AHCompliance with East Coast Gas System Procedures s 91BApplication of this Division s 91BAAEMO’s declared system functions s 91BBAEMO to account to relevant Minister for performance of declared system functions s 91BCAEMO’s power of direction s 91BDProtection from liability s 91BEService envelope agreement between AEMO and transmission pipeline service provider s 91BFInterconnection with facilities s 91BGOperating agreement between AEMO and facility owner s 91BHGeneral principles governing determinations s 91BIMarket participation s 91BJRegistration required for market participation s 91BKCertificates of registration etc s 91BLWholesale Market Procedures s 91BMNature of Wholesale Market Procedures s 91BNCompliance with Wholesale Market Procedures s 91BOOwnership of gas s 91BPTitle to gas s 91BQImmunity s 91BRImmunity in dealing with an emergency s 91BRAApplication of this Division s 91BRBAEMO’s STTM functions s 91BRCMarket participation s 91BRDRegistration required for market participation s 91BRECertificates of registration etc s 91BRFTitle to gas s 91BRGGas supplied to STTM hub must meet quality specifications specified in the Rules s 91BRHSTTM Procedures s 91BRINature of STTM Procedures s 91BRJCompliance with STTM Procedures s 91BRKAEMO’s gas trading exchange functions s 91BRLGas trading exchange not to constitute a regulated gas market s 91BRMAEMO’s capacity auction functions s 91BRNCapacity auctions not to constitute a regulated gas market s 91BROMaking of Capacity Transfer and Auction Procedures s 91BRPNature of Capacity Transfer and Auction Procedures s 91BRQCompliance with Capacity Transfer and Auction Procedures s 91BRRRegistration obligation s 91BRSExemptions from obligation to register s 91BRTCertificates of registration and exemption from registration s 91CMinisterial request s 91CACompliance with request s 91CBQuarterly report s 91DObject and content of gas statement of opportunities s 91DAAEMO’s obligation in regard to gas statement of opportunities s 91DBInformation for the gas statement of opportunities s 91DCPerson cannot rely on duty of confidence to avoid compliance with obligation s 91DDGiving AEMO false or misleading information s 91DEImmunity of persons giving GSOO information to AEMO s 91DFGSOO Procedures s 91DGNature of GSOO Procedures s 91DHCompliance with GSOO Procedures s 91EAEMO fees and charges s 91FInformation gathering powers s 91FAMaking and publication of general market information order s 91FBService of market information notice s 91FCCompliance with market information instrument s 91FDUse of information s 91FEProviding false or misleading information s 91FEAObligation to give information to AEMO s 91FEBPerson cannot rely on duty of confidence to avoid compliance with obligation s 91FECGiving to AEMO false and misleading information s 91FEDImmunity of persons giving information to AEMO s 91FEEObligation to give information to AEMO s 91FEFPerson cannot rely on duty of confidence to avoid compliance with obligation s 91FEGGiving to AEMO false and misleading information s 91FEHImmunity of persons giving information to AEMO s 91FEIGiving false and misleading information used for capacity auctions s 91FEJInformation required to be given to AEMO s 91FEKPerson cannot rely on duty of confidence to avoid compliance with obligation s 91FELGiving AEMO false or misleading information s 91FEMImmunity of persons giving information to AEMO s 91GProtected information s 91GAAuthorised disclosure of protected information s 91GBDisclosure with prior written consent s 91GCDisclosure required or permitted by law etc s 91GCAAuthorised disclosure to particular entities for data sharing purposes s 91GCBDisclosure of protected information by officer or employee of, or consultant to, AEMO s 91GDDisclosure for purposes of court and tribunal proceedings s 91GEDisclosure of document with omission of protected information s 91GFDisclosure of non-identifying information s 91GFADisclosure of information in an aggregated form s 91GGDisclosure of protected information for safety, proper operation of the market etc s 91GHDisclosure of protected information authorised if detriment does not outweigh public benefit s 91HObligations under Rules or Procedures to make payments s 91JDefinitions s 91JAAEMO’s Rule funds s 91JBPayments into and out of Rule funds s 91JCInvestment s 91KImmunity from liability s 91KASupply interruption or disconnection in compliance with AEMO’s direction s 91KBImmunity in relation to use of computer software s 91KCImmunity from liability—dispute resolution s 91KDDisclosure of information for purpose of market trials s 91LRetail gas markets s 91LARetail market participation s 91LBRegistration required for market participation s 91LCCertificates of registration etc s 91MRetail Market Procedures s 91MANature of Retail Market Procedures s 91MBCompliance with Retail Market Procedures s 92AER may make scheme pipeline determination s 93Requirements for making, or not making, a scheme pipeline determination s 94Effect of scheme pipeline determination s 95Scheme pipeline elections s 96Effect of scheme pipeline elections s 97AER may make scheme pipeline revocation determination s 98Requirements for making, or not making, a scheme pipeline revocation determination s 99Effect of scheme pipeline revocation determination s 100AER may make greenfields incentive determination s 101Requirements for making, or not making, a greenfields incentive determination s 102Effect of greenfields incentive determination s 103Requirement for conformity between pipeline description and pipeline as constructed s 104Power of AER to amend pipeline description s 105Greenfields incentive determination may lapse s 106Revocation by consent s 107Revocation for misrepresentation s 108Exhaustive provision for termination of greenfields incentive determination s 109AER may make greenfields price protection determination s 110Requirements for making, or not making, a greenfields price protection determination s 111Effect of greenfields price protection determination s 112Principles governing the making of particular determinations s 113Submission of access arrangement or revisions to applicable access arrangement s 114Protection of certain pre-existing contractual rights s 115Service provider may enter into agreement for access different from applicable access arrangement s 116Applicable access arrangements continue to apply regardless of who provides pipeline service s 117Application for classification of pipeline s 118Reclassification of pipelines s 119Requirements for making classification or reclassification decisions s 120Effect of classification decision or reclassification decision s 121AER reviews s 122-129122–129 (Repealed)s 130Application of this Chapter s 131Service provider must be legal entity of a specified kind to provide pipeline services s 132(Repealed)s 133Preventing or hindering access s 134(Repealed)s 135Service provider must comply with queuing requirements s 136Compliance with pipeline interconnection principles s 136AProhibition against increasing charges to subsidise particular development s 136BProhibition on bundling of services s 136CService providers must publish prescribed transparency information s 137Definitions s 138Meaning of marketing staff s 139Carrying on of related businesses prohibited s 140Marketing staff and the taking part in related businesses s 141Accounts that must be prepared, maintained and kept s 142Division does not limit operation of Division 2 s 143AER ring fencing determinations s 144AER to have regard to likely compliance costs of additional ring fencing requirements s 145Types of ring fencing requirements that may be specified in an AER ring fencing determination s 146s 146: Rep 2022 No 21, sec 70.s 147Service provider must not enter into or give effect to associate contracts that have anti-competitive effect s 148Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule s 148AAExemptions from section 147(c)s 148AExemptions from particular requirements s 148BDefinition s 148CAccess proposals s 148DDuty to negotiate in good faith s 148EAER reviews about application of this Chapter s 149Definitions s 150Application of this Chapter to disputes arising under the Rules s 151Chapter does not limit how disputes about access may be raised or dealt with s 152Notice of access dispute s 153Withdrawal of notice s 154Parties to an access dispute s 155Dispute resolution body may require parties to engage in alternative dispute resolution s 156Small shipper may elect to have access dispute mediated s 157Appointment of mediator s 158Party’s lawyer may be present at mediation s 159Reference of non-scheme pipeline access dispute to arbitration s 160Appointment of arbitrator s 161Determination of access dispute s 162Matters to be taken into account for access disputes s 163Restrictions on access determinations s 164Access determinations and part contributions of capital to fund installations or the construction of new facilities s 165Access determination must give effect to applicable access arrangement s 166Rules may allow determination that varies applicable access arrangement for installation of a new facility s 167Variation of access determination—scheme pipeline disputes s 168Variation of access determination—non-scheme pipeline disputes s 169Relevant adjudicator may terminate access dispute in particular circumstances s 170Compliance with access determination s 171Subsequent service providers bound by access determinations s 172Part applies subject to any modifications prescribed by the Regulations s 173Fast track resolution process—scheme pipeline access disputes s 174Hearing to be in private s 175Right to representation s 176Procedure of relevant adjudicator s 177Particular powers of relevant adjudicator in a hearing s 178Role of a dispute resolution expert s 178A(Repealed)s 179Disclosure of information s 180Power to take evidence on oath or affirmation s 181Failing to attend as a witness s 182Failing to answer questions etc s 183Intimidation etc s 184Particular powers of a relevant adjudicator in a hearing s 185Costs—scheme pipeline access disputes s 186Outstanding costs are a debt due to party awarded the costs—scheme pipelines s 187Regulations about the costs to be paid by parties to access dispute—scheme pipelines s 188Costs of arbitration of non-scheme pipeline disputes s 189Costs of mediation of access disputes involving small shippers s 190Definition s 191Joint dispute hearing s 192Consulting the parties s 193Constitution and procedure of dispute resolution body for joint dispute hearings s 194Record of proceedings etc s 195Correction of access determinations for clerical mistakes etc s 196User’s existing capacity rights during an access dispute s 197Definitions s 198Information and transparency requirements relating to facilities s 199Publication of information relating to facilities s 200Definitions s 201Preventing or hindering access to relevant facilities s 202Terms and conditions must not discriminate s 203Duty to negotiate in good faith s 204Rules about ring fencing s 217AEMO to be Bulletin Board operator s 218AEMO’s obligation to maintain Bulletin Board s 219AEMO’s other functions as operator of Gas Bulletin Board s 222Fees for services provided s 223Obligation to give information to AEMO s 223A(Repealed)s 224Person cannot rely on duty of confidence to avoid compliance with obligation s 225Giving false or misleading information s 226Immunity of persons giving information to AEMO or AER s 226AProvision of certain information to AER s 227BB Procedures s 228Nature of BB Procedures s 228ACompliance with BB Procedures s 228BTransportation service provider to publish standard OTSA s 228CFormation of contracts on standard terms s 228DExemptions from obligations under section 228B or 228C s 228ERequirements relating to standard OTSA s 228FService provider may enter into agreements different from a standard OTSA s 228GOperational Transportation Service Code s 228HNature of the Operational Transportation Service Code s 228IService requirements may be specified in the Rules s 228JWhen operational transfer must be offered s 228KPreventing or hindering access to operational transportation services s 228LTransportation service provider providing operational transportation services must not price discriminate s 229Instituting civil proceedings under this Law s 230Time limits within which proceedings may be instituted s 230AEnforceable undertakings s 231AER proceedings for breaches of this Law, Regulations or the Rules that are not offences s 232Proceedings for declaration that a person has breached a conduct provision s 233Actions for damages by persons for breach of conduct provision s 234Matters for which there must be regard in determining amount of civil penalty s 235Breach of a civil penalty provision is not an offence s 236Breaches of civil penalty provisions involving continuing failure s 237Conduct in breach of more than 1 civil penalty provision s 238Persons involved in breach of civil penalty provision or conduct provision s 239Attempt to breach a civil penalty provision s 240Civil penalties payable to the Commonwealth s 241Definition s 242Applications for judicial review of decisions of the AEMC s 243Applications for judicial review of AEMO’s decisions s 244Definitions s 263Application for review s 264Exclusion of public in certain cases s 265Determination in the review s 266Tribunal must be taken to have affirmed decision if decision not made within time s 267Assistance from AER or AEMO s 268Costs in a review s 269Amount of costs s 269A, 270(Repealed)s 270A(Repealed)s 270BCommercial Arbitration Acts to apply to proceedings before Dispute resolution panels s 270CAppeals on questions of law from decisions or determinations of Dispute resolution panels s 271Enforcement of access determinations s 272Consent injunctions s 273Interim injunctions s 274Factors relevant to granting a restraining injunction s 275Factors relevant to granting a mandatory injunction s 276Discharge or variation of injunction or other order s 277Power to serve notice s 278Form of notice s 279Infringement penalties s 280AER cannot institute proceedings while infringement notice on foot s 281Late payment of penalty s 282Withdrawal of notice s 283Refund of infringement penalty s 284Payment expiates breach of civil penalty provision s 285Payment not to have certain consequences s 286Conduct in breach of more than 1 civil penalty provision s 287Definition s 288Offences and breaches by corporations s 289Corporations also in breach if officers and employees are in breach s 290Definitions s 291Application of national gas objective s 292AEMC must take into account form of regulation factors in certain cases s 293AEMC must take into account revenue and pricing principles in certain cases s 293AAEMC must take into account innovative trial principles in certain cases s 294South Australian Minister to make initial National Gas Rules s 294ASouth Australian Minister to make initial Rules and Procedures related to AEMO’s functions under this Law s 294BSouth Australian Minister to make initial Rules related to AEMO’s declared STTM functions s 294CSouth Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR s 294CASouth Australian Minister may make consequential Rules relating to rate of return instrument s 294DSouth Australian Minister to make initial Rules relating to AEMO’s gas trading exchange functions s 294DASouth Australian Minister to make initial Rules relating to the capacity reforms s 294ESouth Australian Minister to make initial Rules relating to Energy Consumers Australia s 294EASouth Australian Minister to make initial Rules relating to regulatory sandboxing s 294FSouth Australian Minister to make initial Rules relating to access to non-scheme pipelines s 294FASouth Australian Minister to make initial Rules relating to enhanced market transparency s 294FBSouth Australian Minister to make initial Rules relating to pipeline regulation s 294FCSouth Australian Minister to make initial Rules relating to national gas objective s 294FDSouth Australian Minister to make initial Rules relating to other gases s 294FESouth Australian Minister to make initial Rules relating to wholesale market monitoring matters s 294GSouth Australian Minister may make Rules on recommendation of MCE and Energy Security Board s 294HSouth Australian Minister may make Rules relating to AEMO’s east coast gas system reliability and supply adequacy functions s 295Initiation of making of a Rule s 296AEMC may make more preferable Rule in certain cases s 297AEMC may make Rules that are consequential to a Rule request s 298Content of requests for a Rule s 299Waiver of fee for Rule requests s 300Consolidation of 2 or more Rule requests s 301Initial consideration of request for Rule s 302AEMC may request further information from Rule proponent in certain cases s 303Notice of proposed Rule s 304Publication of non-controversial or urgent final Rule determination s 304APublication of final Rule determination for trial Rule s 305“Fast track” Rules where previous public consultation by gas market regulatory body or an AEMC review s 306Right to make written submissions and comments s 307AEMC may hold public hearings before draft Rule determination s 308Draft Rule determination s 309Right to make written submissions and comments in relation to draft Rule determination s 310Pre-final Rule determination hearing may be held s 311Final Rule determination s 312Proposal to make more preferable Rule s 313Making of Rule s 314Operation and commencement of Rule s 314AExtension of trial Rule s 314BAEMC may impose requirements on proponent of trial project on making trial Rule s 314CAEMC may revoke trial Rule on recommendation of AER s 314DSpecial provision for revocation of trial Rule s 315Rule that is made to be published on website and made available to the public s 316Evidence of the National Gas Rules s 317Extension of periods of time in Rule making procedure s 318AEMC may extend period of time for making of final Rule determination for further consultation s 319AEMC may publish written submissions and comments unless confidential s 320AEMC must publicly report on Rules not made within 12 months of public notification of requests s 320ASubsequent rule making by AEMC s 324Authorised disclosure of information given to the AER in confidence s 325Disclosure with prior written consent is authorised s 326Disclosure for purposes of court and tribunal proceedings and to accord natural justice s 326ADisclosure of information to Energy Security Board s 327Disclosure of information given to the AER with confidential information omitted s 328Disclosure of information given in confidence does not identify anyone s 328ADisclosure of information that has entered the public domain s 328BDisclosure of information in an aggregated form s 329Disclosure of information authorised if detriment does not outweigh public benefit s 330Confidentiality of information s 331(Repealed)s 332Failure to make a decision under this Law or the Rules within time does not invalidate the decision s 333Withdrawal of applications relating to particular determinations or classification s 334, 335(Repealed)s 335APenalty privilege s 335BCourt may grant relief from liability s 336Savings and transitionals s 1Displacement of Schedule by contrary intention s 2Law to be construed not to exceed legislative power of Legislature s 3Changes of drafting practice not to affect meaning s 4Material that is, and is not, part of Law s 5References to particular Acts and to enactments s 6References taken to be included in Act or Law citation etc s 7Interpretation best achieving Law’s purpose s 8Use of extrinsic material in interpretation s 9Compliance with forms s 10Definitions s 11Provisions relating to defined terms and gender and number s 12Meaning of may and must etc s 13Words and expressions used in statutory instruments s 14References to Minister s 15Production of records kept in computers etc s 16References to this jurisdiction to be implied s 17References to officers and holders of offices s 18Reference to certain provisions of Law s 19Performance of statutory functions s 20Power to make instrument or decision includes power to amend or repeal s 21Matters for which statutory instruments may make provision s 22Presumption of validity and power to make s 23Appointments may be made by name or office s 24Acting appointments s 25Powers of appointment imply certain incidental powers s 26Delegation s 27Exercise of powers between enactment and commencement s 28Matters relating to distance and time s 29Service of documents and meaning of service by post etc s 30Meaning of service by post etc s 31Definitions s 32Publication of decisions on websites s 33Definitions s 34Evidentiary certificates—AER s 35Evidentiary certificates—AEMC s 38Evidentiary certificates—AEMO s 39Time of commencement of this Law or a provision of this Law s 40Time of commencement of a Rule s 41Time of Law, the Regulations or Rules ceasing to have effect s 42Repealed Law, Regulation or Rule provisions not revived s 43Saving of operation of repealed Law, Regulation or Rule provisions s 44Continuance of repealed provisions s 45Law and amending Acts to be read as one s 46Penalty at foot of provision s 47Penalty other than at foot of provision s 47AIndexation of civil penalty amounts s 47BIndexation of criminal penalties s 48Indictable offences and summary offences s 49Double jeopardy s 50Aiding and abetting, attempts etc s 51Schedule applies to statutory instruments s 51ARate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law s 52National Gas Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law s 53Invalid Rules s 53AInvalid rate of return instrument s 1Definitions s 1AWords in particular provisions have meanings given by former section 2 s 2Schedule subject to jurisdictional transitional arrangements in jurisdictional legislation s 3Saving of operation of old access law and Gas Code s 4Pending applications for the classification of pipelines lapse s 5Old scheme coverage determinations s 6Old scheme covered transmission pipelines s 7Old scheme covered distribution pipelines s 8Pending coverage applications under old scheme (before NCC recommendation)s 9Pending relevant Minister decisions in relation to coverage under old scheme s 10Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme s 11Pending old scheme coverage determinations where no applications for review under old scheme s 12Pending old scheme coverage determinations where applications for review under old scheme on foot s 13Pending old scheme no-coverage determinations where no applications for review under old scheme s 14Pending old scheme no-coverage determinations where applications for review under old scheme on foot s 15Pending coverage revocation applications under old scheme (before NCC recommendation)s 16Pending relevant Minister decisions in relation to coverage revocation under old scheme s 17Pending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme s 18Pending old scheme coverage revocation determinations where no applications for review under old scheme s 19Pending old scheme coverage revocation determinations where applications for review under old scheme on foot s 20Pending old scheme coverage non-revocation determinations where no applications for review under old scheme s 21Pending old scheme coverage non-revocation determinations where applications for review under old scheme on foot s 22Binding no-coverage determinations s 23Pending applications for binding no-coverage determinations (before NCC recommendation)s 24Pending relevant Minister decisions for binding no-coverage determinations under old scheme s 25Pending relevant Minister decisions in relation to binding no-coverage determinations that are reviewed under old scheme s 26Current access arrangements (other than old scheme limited access arrangements)s 27Old scheme limited access arrangements s 28Access arrangements submitted but not approved or rejected before repeal of old scheme s 29Access arrangement revisions submitted but not approved or rejected before repeal of old scheme s 30Certain provisions of the Gas Code to continue to apply to current and proposed access arrangements s 31Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law s 32Limited access arrangements submitted but not approved before repeal of old scheme s 33Extensions and expansions policies s 34Queuing policies s 35Old scheme price regulation exemptions s 36Pending applications for price regulation exemptions s 37Pending Commonwealth Minister decisions for price regulation exemptions s 38Definitions s 39Compliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period s 40Existing waivers of ring fencing obligations s 41Additional ring fencing obligations s 42Non-finalised access disputes s 43Investigations into breaches and possible breaches of the old access law or Gas Code s 44AER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator s 45AER may bring proceedings in relation to breaches of old access law and Gas Code s 46Pending associate contract approvals that are approved after commencement day s 47Pending associate contracts approvals that are not approved s 48Approved associate contracts s 49Pending and final tender approval requests lapse s 50Decisions approving final approval requests s 51Rights under certain change of law provisions in agreements or deeds not to be triggered s 52References to relevant Regulator in access arrangements s 53Old scheme classifications and scheme participant determinations s 54Definitions s 55Saving operation of superseded jurisdictional rules s 56Transitional provisions governing accrued and accruing rights, liabilities etc s 57Investigations s 58Proceedings for breach of superseded jurisdictional rules s 59Dispute resolution s 60Registered participants s 61Instruments made by former gas market operators s 62Rule change proposals s 63Incompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure s 64Natural Gas Services Bulletin Board s 65Publication of notices etc s 66Rights under change of law provisions not to be triggered by amendments to this Law etc s 67Transfer of assets and liabilities s 68Transfer of AEMO T’s assets and liabilities s 69Effect of relevant transfer order s 70Continued effect of certain acts by GMC or AEMO T s 71Continuation of proceedings s 72Validity and effect of things done under this Division s 73Evidence of transfer s 74Obsolete references s 75Parties to transfer must do anything necessary to perfect transfer s 76Corporations Act displacement s 77AEMO’s fees and charges s 78Establishment expenditure s 79Expenditure on gas statement of opportunities s 80Transferred information s 81Calculations s 82Queensland Minister’s power to defer commencement of relevant legislative innovations s 83Definitions s 84Transitional contracts s 85Contractual provisions for dispute resolution s 86Risk allocation s 87Initial STTM Procedures s 88Application of National Energy Retail Law amendments s 89Information publication s 90AEMC rule making powers s 91Immunity from liability—implementation or use of standard market timetable s 92Immunity from liability—supply of capacity through capacity auctions s 93Immunity for giving effect to the auction priority principles s 94Transitional regulations s 95Definitions s 96Making first rate of return instrument if review not completed before commencement s 97Making first rate of return instrument if review completed before commencement s 98Application of this Law to particular decisions s 99Definitions s 100References to Ministerial Council on Energy s 101Rights under certain change of law provisions in agreements or deeds not to be triggered s 102Rights under contracts etc s 103Saving of decisions etc s 104Definitions s 105Particular covered pipelines deemed to be scheme pipelines s 106Particular tender approval pipelines become scheme pipelines s 107When particular scheme pipelines become non-scheme pipelines s 108Particular voluntary access arrangement pipelines become scheme pipelines s 109When particular scheme pipelines become non-scheme pipelines s 110Classification under pre-amended Law continues in effect s 111Pipelines not classified under pre-amended Law or jurisdictional gas legislation s 112Notice to be given about classification of particular pipelines s 113Pending applications under Chapter 3 of pre-amended Law s 114Recommendation-making process under Chapter 3 of pre-amended Law s 115Decision-making process under Chapter 3 of pre-amended Law s 116Limited access arrangements s 117Submission of limited access arrangement s 11815-year no-coverage determinations deemed to be greenfields incentive determinations s 119Exemption for pipelines to which a 15-year no-coverage determination applied s 120Pending applications for 15-year no-coverage determinations under pre-amended Law s 121Pending applications for price regulation exemption s 122Making of recommendations for price regulation exemptions s 123Granting of price regulation exemptions s 124Price regulation exemptions deemed to be greenfields incentive determinations s 125Access disputes started under pre-amended Law s 126Service provider for non-scheme pipeline not required to comply with section 131 s 127Exemptions from minimum ring fencing requirements s 128Delayed commencement of ring fencing requirements for non-scheme pipelines s 129Provision for Goldfields Gas Pipeline s 130Provision for Northern Gas Pipeline s 131Pending applications under Rules for approval of tender process s 132Decision-making process under Rules for approval of tender process s 133Definitions s 134When amended objective takes effect for particular matters s 135Application of national gas objective to particular matters in progress on start day s 136Administrative guidance for decisions under clause 135(3)s 137Administrative guidance about value of greenhouse gas emissions s 138Validation of things done in relation to Rules before commencement s 139Definition s 140Gas Bulletin Board s 141References to Natural Gas Services Bulletin Board s 142Greenfields incentive determinations s 143Greenfields price protection determinations s 144Information transparency rules s 36, 37(Repealed)

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s 91BRH

STTM Procedures

In force

91BRH STTM Procedures

AEMO may, in accordance with the Rules, make STTM Procedures.

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Previouss 91BRGGas supplied to STTM hub must meet quality specifications specified in the Rules Nexts 91BRINature of STTM Procedures

Section 91BRH — STTM Procedures — National Gas (NSW) Law (New South Wales) — Barrister AI