National Gas (Queensland) Act 2008

This Act may be cited as the National Gas (Queensland) Act 2008.

This Act, other than part 6, commences on a day to be fixed by proclamation.

Part 6 commences when the Offshore Petroleum Act 2006 (Cwlth), section 7 commences.

In this Act—

National Gas (Queensland) Law means the provisions applying because of section 7.

National Gas (Queensland) Regulations means the provisions applying because of section 8.

South Australian Act means the National Gas (South Australia) Act 2008 (SA).

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

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

This Act, the National Gas (Queensland) Law and the National Gas (Queensland) Regulations bind the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

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

In this section—

adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (Queensland) 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.

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

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

applies as a law of Queensland, with the modifications stated in section 7A or prescribed by regulation under section 16; and

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

The National Gas Law, chapter 2, part 6, division 2A as set out in the schedule to the South Australian Act applies to, and in relation to, the State.

Attached to this Act is a copy of the Bill for the South Australian Act.

The attachment is not part of this Act.

In any reprint of this Act, the attachment must be revised so that it is a copy of the South Australian Act most recently published under the Legislation Revision and Publication Act 2002 (SA).

Subsections (2) to (4) do not affect the operation of subsection (1) or of section 8.

The amendments made to the National Gas Law by the Statutes Amendment (National Energy Retail Law) Act 2011 (SA) start to apply in Queensland when the National Energy Retail Law (Queensland), part 2, commences.

In this section—

National Gas Law means the National Gas Law set out in the Schedule to the South Australian Act.

The regulations in force for the time being under part 3 of the South Australian Act—

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

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

In the National Gas (Queensland) Law and the National Gas (Queensland) Regulations—

adjacent area of another participating jurisdiction means the offshore area of a State (other than this State) or the Northern Territory within the meaning given in the Offshore Petroleum Act 2006 (Cwlth), section 7.

adjacent area of this jurisdiction means the offshore area of the State within the meaning of the Offshore Petroleum Act 2006 (Cwlth), section 7.

Court means the Supreme Court of Queensland.

designated Minister means the Commonwealth Minister.

Legislature of this jurisdiction means the Parliament of Queensland.

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

this jurisdiction means the State of Queensland.

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 law of Queensland; or

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 (Queensland) Law.

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.

In this section—

Commonwealth bodies means any of the following—

AER;

NCC;

the Tribunal.

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.