Part 1 — Preliminary
s 1 Short title s 3 Interpretation s 4 Crown to be bound s 5 Application to coastal waters s 6 Extra‑territorial operation Part 2 — National Gas (South Australia) Law and National Gas (South Australia) Regulations
s 7 Application of National Gas Law s 8 Application of regulations under National Gas Law s 9 Interpretation of some expressions in National Gas (South Australia) Law and
National Gas (South Australia)
Regulations Part 3 — Making of regulations and rules under National Gas Law
s 10 Definitions s 11 General regulation‑making power for National Gas
Law s 12 Specific regulation‑making power s 13 Making of rules Part 4 — Cross vesting of powers
s 14 Conferral of powers on Commonwealth Minister and
Commonwealth bodies to act in this State s 15 Conferral of powers on Ministers of participating
States and Territories to act in this State s 16 Conferral of functions or powers on State
Minister Part 5 — General
s 17 Exemption from taxes s 19 Conferral of functions and powers on Commonwealth
bodies s 20 Freedom
of information s 21 Role of AEMO s 22 Ministerial power to suspend operation of 2009
Amendment Act s 23 Application of provisions relating to short term
trading markets s 24 Regulation‑making power for the purposes of
the National Gas (South Australia)
Law Part 6 — Validation of instruments and decisions of AER
s 25 Validation of instruments and decisions made by
AER s 26 AER—authorisation of preparatory
steps Schedule — National Gas Law
Chapter 1 — Preliminary
Part 1 — Citation and interpretation
s 1 Citation s 2 Definitions s 2A Additives and impurities s 3 Meaning of
civil penalty provision s 3A Civil
penalty amounts for breaches of civil penalty provisions s 4 Meaning of
conduct provision s 5 Meaning of
prospective user s 6 Meaning of
regulatory obligation or requirement s 7 Meaning of
regulatory payment s 8 Meaning of
service provider s 8AA Meaning of transportation service
provider s 8AB Meaning
of small shipper s 8A Nominated distributors s 9 Passive owners of pipelines deemed to provide or
intend to provide pipeline services s 10 Things done by 1 service provider to be treated as
being done by all of service provider group s 11 Local agents of foreign service providers s 12 Commissioning
of a pipeline s 13 Pipeline
classification criterion s 14 Local regulations may exempt pipeline s 16 Form
of regulation factors s 17 Effect of separate and consolidated access
arrangements in certain cases s 18 Certain
extensions to, or expansion of the capacity of, pipelines to be taken to be
part of a scheme pipeline s 19 Expansions of the
capacity of non‑scheme pipelines to be taken to be part of
non‑scheme pipeline s 19A Related
bodies corporate s 20 Interpretation
generally Part 2 — Participating jurisdictions
s 21 Participating jurisdictions s 22 Ministers of
participating jurisdictions Part 3 — National gas objective and principles
Division 1 — National gas objective
s 23 National gas
objective s 23A Regulations may prescribe matters for national gas
objective Division 2 — Revenue and pricing principles relating to scheme pipelines
s 24 Revenue and
pricing principles relating to scheme pipelines Division 2A — Innovative trial principles
s 24A Innovative trial
principles Division 3 — MCE policy principles
s 25 MCE
statements of policy principles Part 4 — Operation and effect of National Gas Rules
s 26 National Gas Rules to have force of law Part 5 — Corporations Act displacement
s 26A Corporations Act displacement Chapter 2 — Functions and powers of gas market regulatory entities
Part 1 — Functions and powers of the Australian Energy Regulator
Division 1 — General
s 27 Functions
and powers of the AER s 28 Manner in
which AER must perform or exercise AER economic regulatory functions or
powers s 29 Delegations s 30 Confidentiality Division 1AA — Wholesale gas markets—AER monitoring and reporting functions
Subdivision 1 — Preliminary
s 30AA Definitions s 30AB Meaning of
effective competition s 30AC AER
wholesale market monitoring and reporting functions s 30AD Information to be treated as
confidential s 30AE Redaction of information Subdivision 2 — Use of general information gathering powers
s 30AF Limits on use of section 42 information gathering
powers s 30AG Matters to be considered before using
section 42 information gathering powers Subdivision 3 — Market monitoring information notices and market monitoring information orders
s 30AH Definitions s 30AI Urgent notices and urgent orders s 30AJ Content of notices and orders s 30AK Notices and orders may be made for both past and
future information s 30AL Making and serving notices and orders s 30AM AER
must consult before making order s 30AN Publication of orders s 30AO Opportunity to be heard before notice
served s 30AP Compliance with notice s 30AQ Compliance with order s 30AR Certification of compliance by statutory
declaration s 30AS Subdivision does not limit powers under Division
3 Subdivision 4 — Miscellaneous
s 30AT Wholesale
market monitoring guidelines s 30AU Review of wholesale market monitoring
powers Division 1A — Rate of return instrument
Subdivision 1 — Preliminary
s 30A Definitions s 30B Rate of return instrument has force of
law s 30C Rate of return instrument is binding on AER and
scheme pipeline service providers Subdivision 2 — Requirement to make rate of return instrument
s 30D AER to make rate of return instrument s 30E Content of rate of return instrument Subdivision 3 — Consultation requirements
s 30F Process for making rate of return
instrument s 30G Other
matters AER must have regard to in making instrument s 30H Requirements
before publishing draft instrument s 30I Consumer reference group s 30J Publication
of draft instrument and other information s 30K Report about
draft instrument by independent panel s 30L Publication
of explanatory information s 30M Failure to comply does not affect
validity Subdivision 4 — Publication, review and other matters
s 30N Publication
of rate of return instrument s 30O Commencement and duration of instrument s 30P Review and
replacement of instrument s 30Q Application of
instrument s 30R Rate of return instrument may apply for this Law
and the National Electricity Law Subdivision 5 — Confidentiality of information
s 30S Confidentiality s 30T Disclosure of information given in
confidence Division 1B — AER trial waiver functions
s 30U Definitions s 30V Interpretative matters s 30W Trial
waiver s 30X Conditions of trial waiver s 30Y Consultation on trial waiver s 30Z Publication etc of trial waiver s 30ZA Duration of trial waiver s 30ZB Extension of trial waiver s 30ZC Compliance with trial waiver s 30ZD Revocation
of trial waiver s 30ZE Other matters Division 2 — Search warrants
s 31 Definitions s 32 Authorised
person s 33 Identity cards s 34 Return of identity cards s 35 Search warrant s 36 Announcement
of entry and details of warrant to be given to occupier or other person at
premises s 37 Immediate entry permitted in certain
cases s 38 Copies of seized documents s 39 Retention and return of seized documents or
things s 40 Extension of
period of retention of documents or things seized s 41 Obstruction of persons authorised to
enter Division 3 — General information gathering powers
s 42 Power
to obtain information and documents in relation to performance and exercise of
functions and powers Division 4 — Regulatory information notices, general regulatory information orders and price information orders
Subdivision 1 — Interpretation
s 43 Definitions s 44 Meaning of
contributing service s 45 Meaning of
general regulatory information order s 46 Meaning of
regulatory information notice s 46A Meaning
of price information order s 47 Division does not limit operation of information
gathering powers under Division
3 Subdivision 2 — Serving and making of regulatory information instruments
s 48 Service and
making of regulatory information instruments s 49 Additional matters to be considered for related
provider regulatory information instruments s 50 AER must consult before publishing an
order s 51 Publication
requirements for orders s 52 Opportunity
to be heard before regulatory information notice is served Subdivision 3 — Form and content of regulatory information instruments
s 53 Form
and content of regulatory information instrument s 54 Further provision about the information that may be
described in a regulatory information instrument s 55 Further provision about manner in which information
must be provided to AER or kept Subdivision 4 — Compliance with regulatory information instruments
s 56 Compliance
with regulatory information notice that is served s 57 Compliance
with order s 57A Confidentiality
issues s 57B Disclosure of information given to AER in
compliance with regulatory information instrument s 58 Exemption
from compliance with general regulatory information order or price information
order s 59 Assumptions where there is non-compliance with
regulatory information instrument Subdivision 5 — General
s 60 Providing to AER false and misleading
information s 61 Person cannot rely on duty of confidence to avoid
compliance with regulatory information instrument s 62 Legal professional privilege not affected s 63 Protection against self-incrimination Division 4A — Monitoring service providers
s 63A AER
must monitor service providers' behaviour s 63B AER must report to MCE Division 5 — Service provider performance reports relating to scheme pipelines
s 64 Preparation
of service provider performance reports relating to scheme pipelines Division 5A — Compliance and performance
s 64A References in this Division to service
providers s 64B Compliance
audits by AER s 64C Compliance
audits by service providers s 64D Carrying out of compliance audits s 64E Cost of compliance audits s 64F AER
Compliance Procedures and Guidelines Division 6 — Miscellaneous matters
s 65 Consideration
by the AER of submissions or comments made to it under this Law or the
Rules s 66 Use of information provided under a notice under
section 42 or a regulatory information
instrument s 67 AER to inform certain persons of decisions not to
investigate breaches, institute proceedings or serve infringement
notices s 68 AER Guidelines s 68A Single documentation s 68B Use of information Part 2 — Functions and powers of the Australian Energy Market Commission
Division 1 — General
s 69 Functions and powers of the AEMC s 70 Delegations s 71 Confidentiality s 72 AEMC must have regard to national gas
objective s 72A Targets
statement for greenhouse gas emissions targets s 73 AEMC must have regard to MCE statements of policy
principles in relation to Rule making and reviews Division 2 — Rule making functions and powers of the AEMC
s 74 Subject
matter for National Gas Rules s 75 Rules relating to MCE or Ministers of participating
jurisdictions require MCE consent s 76 AEMC must not make Rules that create criminal
offences or impose civil penalties for breaches s 77 Documents etc applied, adopted and incorporated by
Rules to be publicly available Division 3 — Committees, panels and working groups of the AEMC
s 78 Establishment of committees, panels and working
groups Division 4 — MCE directed reviews
s 79 MCE directions s 80 Terms of reference s 81 Notice of MCE directed review s 82 Conduct of MCE directed review Division 5 — Other reviews
s 83 Rule
reviews by the AEMC Division 6 — Miscellaneous matters
s 83B Standard
market timetable s 83C Use of
the standard market timetable s 83D False or misleading statements s 84 AEMC must publish and make available up to date
versions of Rules s 85 Fees s 86 Immunity from personal liability of AEMC
officials Part 3 — Functions and powers of Ministers of participating jurisdictions
s 87 Functions and powers of Minister of this
participating jurisdiction under this Law Part 5 — Functions and powers of Tribunal
s 91 Functions and powers of Tribunal under this
Law Part 6 — Role of AEMO under National Gas Law
Division 1 — General
s 91A AEMO's
statutory functions s 91AB AEMO's power to carry out statutory
functions s 91AC Delegation Division 1A — AEMO's east coast gas system reliability and supply adequacy functions
s 91AD AEMO's east
coast gas system reliability and supply adequacy functions s 91AE AEMO to account to relevant Minister for
performance of east coast gas system reliability and supply adequacy
functions s 91AF AEMO's
power of direction—east coast gas system reliability and supply
adequacy s 91AG East Coast Gas System Procedures s 91AH Compliance with East Coast Gas System
Procedures Division 2 — AEMO's declared system functions
Subdivision 1 — Preliminary
s 91B Application of this Division s 91BA AEMO's
declared system functions s 91BB AEMO to
account to relevant Minister for performance of declared system
functions Subdivision 2 — Power of direction
s 91BC AEMO's power of direction s 91BD Protection from liability Subdivision 3 — AEMO's relationship with transmission system service providers and facility owners
s 91BE Service
envelope agreement between AEMO and transmission pipeline service
provider s 91BF Interconnection
with facilities s 91BG Operating agreement between AEMO and facility
owner s 91BH General principles governing
determinations Subdivision 4 — Declared wholesale gas market
s 91BI Market participation s 91BJ Registration
required for market participation s 91BK Certificates of registration etc Subdivision 5 — Wholesale Market Procedures
s 91BL Wholesale Market Procedures s 91BM Nature of
Wholesale Market Procedures s 91BN Compliance
with Wholesale Market Procedures Subdivision 6 — Ownership of gas in declared transmission system
s 91BO Ownership of gas s 91BP Title to
gas Subdivision 7 — Immunity
s 91BQ Immunity s 91BR Immunity in dealing with an emergency Division 2A — Short term trading markets
Subdivision 1 — Preliminary
s 91BRA Application of this Division s 91BRB AEMO's
STTM functions Subdivision 2 — Short term trading markets
s 91BRC Market
participation s 91BRD Registration
required for market participation s 91BRE Certificates of registration etc s 91BRF Title to
gas s 91BRG Gas
supplied to STTM hub must meet quality specifications specified in the
Rules Subdivision 3 — STTM Procedures
s 91BRH STTM Procedures s 91BRI Nature of STTM Procedures s 91BRJ Compliance
with STTM Procedures Division 2B — Gas trading exchanges
s 91BRK AEMO's
gas trading exchange functions s 91BRL Gas trading exchange not to constitute a
regulated gas market Division 2C — Capacity auctions for transportation services
s 91BRM AEMO's
capacity auction functions s 91BRN Capacity auctions not to constitute a regulated
gas market Division 2D — Capacity Transfer and Auction Procedures
s 91BRO Making of Capacity Transfer and Auction
Procedures s 91BRP Nature of Capacity Transfer and Auction
Procedures s 91BRQ Compliance with Capacity Transfer and Auction
Procedures Division 2E — Registration in relation to transportation facility
s 91BRR Registration
obligation s 91BRS Exemptions from obligation to register s 91BRT Certificates of registration and exemption from
registration Division 3 — Information etc to be provided to Ministers
s 91C Ministerial request s 91CA Compliance with request s 91CB Quarterly report Division 4 — Gas statement of opportunities
s 91D Object and content of gas statement of
opportunities s 91DA AEMO's obligation in regard to gas statement of
opportunities s 91DB Information
for the gas statement of opportunities s 91DC Person cannot rely on duty of confidence to avoid
compliance with obligation s 91DD Giving AEMO false or misleading
information s 91DE Immunity of persons giving GSOO information to
AEMO s 91DF GSOO Procedures s 91DG Nature of GSOO Procedures s 91DH Compliance with GSOO Procedures Division 5 — Fees and charges
s 91E AEMO fees and charges Division 6 — Information gathering
Subdivision 1 — Market information orders and market information notices
s 91F Information
gathering powers s 91FA Making and publication of general market
information order s 91FB Service of market information notice s 91FC Compliance
with market information instrument s 91FD Use
of information s 91FE Providing false or misleading
information Subdivision 2 — STTM information
s 91FEA Obligation
to give information to AEMO s 91FEB Person cannot rely on duty of confidence to
avoid compliance with obligation s 91FEC Giving to AEMO false and misleading
information s 91FED Immunity of persons giving information to
AEMO Subdivision 3 — Capacity auction information
s 91FEE Obligation
to give information to AEMO s 91FEF Person cannot rely on duty of confidence to
avoid compliance with obligation s 91FEG Giving to AEMO false and misleading
information s 91FEH Immunity of persons giving information to
AEMO Subdivision 4 — Information used for a capacity auction
s 91FEI Giving false and misleading information used for
capacity auctions Subdivision 5 — Declared wholesale gas market information
s 91FEJ Information
required to be given to AEMO s 91FEK Person cannot rely on duty of confidence to
avoid compliance with obligation s 91FEL Giving AEMO false or misleading
information s 91FEM Immunity of persons giving information to
AEMO Division 7 — Protected information
Subdivision 1 — AEMO's obligation to protect information
s 91G Protected
information Subdivision 2 — Disclosure of protected information held by AEMO
s 91GA Authorised disclosure of protected
information s 91GB Disclosure with prior written consent s 91GC Disclosure
required or permitted by law etc s 91GCA Authorised disclosure to particular entities for
data sharing purposes s 91GCB Disclosure of protected information by officer
or employee of, or consultant to, AEMO s 91GD Disclosure for purposes of court and tribunal
proceedings s 91GE Disclosure of document with omission of protected
information s 91GF Disclosure of non-identifying
information s 91GFA Disclosure of information in an aggregated
form s 91GG Disclosure of
protected information for safety, proper operation of the market etc s 91GH Disclosure
of protected information authorised if detriment does not outweigh public
benefit Division 8 — Obligation to make payments
s 91H Obligations under Rules or Procedures to make
payments Division 9 — AEMO's statutory funds
s 91J Definitions s 91JA AEMO's Rule funds s 91JB Payments into and out of Rule funds s 91JC Investment Division 10 — Immunity
s 91K Immunity from liability s 91KA Supply interruption or disconnection in
compliance with AEMO's direction s 91KB Immunity in relation to use of computer
software s 91KC Immunity from liability—dispute
resolution Division 11 — Other matters
s 91KD Disclosure of information for purpose of market
trials Part 7 — Regulation of retail gas markets
Division 1 — Registration
s 91L Retail gas
markets s 91LA Retail market participation s 91LB Registration
required for market participation s 91LC Certificates of registration etc Division 2 — Retail Market Procedures
s 91M Retail Market Procedures s 91MA Nature of
Retail Market Procedures s 91MB Compliance
with Retail Market Procedures Chapter 3 — Regulatory framework for pipelines
Part 1 — Scheme pipeline determinations and scheme pipeline elections
Division 1 — Scheme pipeline determinations
s 92 AER may
make scheme pipeline determination s 93 Requirements for making, or not making, a scheme
pipeline determination s 94 Effect of scheme pipeline determination Division 2 — Scheme pipeline elections
s 95 Scheme
pipeline elections s 96 Effect of scheme pipeline elections Part 2 — Scheme pipeline revocation determinations
s 97 AER may
make scheme pipeline revocation determination s 98 Requirements for making, or not making, a scheme
pipeline revocation determination s 99 Effect of
scheme pipeline revocation determination Part 3 — Greenfields incentive determinations and greenfields price protection determinations
Division 1 — Greenfields incentive determinations
s 100 AER
may make greenfields incentive determination s 101 Requirements
for making, or not making, a greenfields incentive determination s 102 Effect
of greenfields incentive determination s 103 Requirement for conformity between pipeline
description and pipeline as constructed s 104 Power of AER to amend pipeline
description Division 2 — Early termination of greenfields incentive determination
s 105 Greenfields incentive determination may
lapse s 106 Revocation by consent s 107 Revocation for misrepresentation s 108 Exhaustive provision for termination of
greenfields incentive determination Division 3 — Greenfields price protection determinations
s 109 AER may
make greenfields price protection determination s 110 Requirements
for making, or not making, a greenfields price protection
determination s 111 Effect of greenfields price protection
determination Part 4 — Principles governing the making of particular determinations
s 112 Principles
governing the making of particular determinations Part 5 — Access arrangements for scheme pipelines
Division 1 — Submissions generally
s 113 Submission
of access arrangement or revisions to applicable access arrangement Division 2 — Provisions relating to applicable access arrangements
s 114 Protection of certain pre-existing contractual
rights s 115 Service provider may enter into agreement for
access different from applicable access arrangement s 116 Applicable access arrangements continue to apply
regardless of who provides pipeline service Part 6 — Classification and reclassification of pipelines
Division 1 — Classification of pipelines
s 117 Application for classification of
pipeline Division 2 — Reclassification of pipelines
s 118 Reclassification of pipelines Division 3 — Provisions relating to classification and reclassification decisions
s 119 Requirements for making classification or
reclassification decisions s 120 Effect of classification decision or
reclassification decision Part 7 — AER reviews into designated pipelines
s 121 AER reviews Chapter 4 — General requirements for provision of pipeline services
Part A1 — Preliminary
s 130 Application of
this Chapter Part 1 — General duties for provision of pipeline services by pipelines
s 131 Service
provider must be legal entity of a specified kind to provide pipeline
services s 133 Preventing
or hindering access s 135 Service provider must comply with queuing
requirements s 136 Compliance with
pipeline interconnection principles s 136A Prohibition against increasing charges to
subsidise particular development s 136B Prohibition on bundling of services s 136C Service
providers must publish prescribed transparency information Part 2 — Structural and operational separation requirements (ring fencing)
Division 1 — Interpretation
s 137 Definitions s 138 Meaning of
marketing staff Division 2 — Minimum ring fencing requirements
s 139 Carrying on
of related businesses prohibited s 140 Marketing
staff and the taking part in related businesses s 141 Accounts
that must be prepared, maintained and kept Division 3 — Additional ring fencing requirements
s 142 Division does not limit operation of
Division
2 s 143 AER
ring fencing determinations s 144 AER to have regard to likely compliance costs of
additional ring fencing requirements s 145 Types of ring fencing requirements that may be
specified in an AER ring fencing determination Division 4 — Associate contracts
s 147 Service
provider must not enter into or give effect to associate contracts that have
anti-competitive effect s 148 Service
provider must not enter into or give effect to associate contracts inconsistent
with competitive parity rule Division 5 — Exemptions from particular requirements
s 148AA Exemptions from section 147(c) s 148A Exemptions from
particular requirements Part 3 — Negotiation of access
s 148B Definition s 148C Access proposals s 148D Duty to negotiate in good faith Part 4 — AER reviews about application of this Chapter
s 148E AER reviews about application of this
Chapter Chapter 5 — Access disputes
Part 1 — Interpretation and application
s 149 Definitions s 150 Application of this Chapter to disputes arising
under the Rules s 151 Chapter does not limit how disputes about access
may be raised or dealt with Part 2 — Notice of access dispute and other provisions
Division 1 — Notice of access dispute
s 152 Notice of
access dispute s 153 Withdrawal of notice Division 2 — Parties to an access dispute
s 154 Parties to
an access dispute Part 3 — Alternative dispute resolution for access disputes
Division 1 — Alternative dispute resolution for scheme pipeline access disputes
s 155 Dispute resolution body may require parties to
engage in alternative dispute resolution Division 2 — Mediation of access disputes involving small shippers
s 156 Small
shipper may elect to have access dispute mediated s 157 Appointment of mediator s 158 Party's lawyer may be present at
mediation Part 4 — Arbitration of non‑scheme pipeline access disputes
s 159 Reference of
non‑scheme pipeline access dispute to arbitration s 160 Appointment of arbitrator Part 5 — Access determination
Division 1 — Determination of access disputes generally
s 161 Determination
of access dispute s 162 Matters to be taken into account for access
disputes s 163 Restrictions
on access determinations s 164 Access
determinations and part contributions of capital to fund installations or the
construction of new facilities Division 2 — Particular provisions relating to scheme pipeline access disputes
s 165 Access determination must give effect to
applicable access arrangement s 166 Rules may
allow determination that varies applicable access arrangement for installation
of a new facility Part 6 — Variation of access determinations
s 167 Variation of access determination—scheme
pipeline disputes s 168 Variation of access
determination—non‑scheme pipeline disputes Part 7 — Termination of access dispute
s 169 Relevant
adjudicator may terminate access dispute in particular circumstances Part 8 — Compliance with access determinations
s 170 Compliance with access determination s 171 Subsequent service providers bound by access
determinations Part 9 — Access dispute hearing procedure
s 172 Part applies subject to any modifications
prescribed by the Regulations s 173 Fast track resolution process—scheme
pipeline access disputes s 174 Hearing to be in private s 175 Right to representation s 176 Procedure of relevant adjudicator s 177 Particular
powers of relevant adjudicator in a hearing s 178 Role of a dispute resolution expert s 179 Disclosure of information s 180 Power to take evidence on oath or
affirmation s 181 Failing to attend as a witness s 182 Failing to answer questions etc s 183 Intimidation etc s 184 Particular
powers of a relevant adjudicator in a hearing Part 10 — Costs
Division 1 — Scheme pipeline access disputes
s 185 Costs—scheme
pipeline access disputes s 186 Outstanding costs are a debt due to party awarded
the costs—scheme pipelines s 187 Regulations about the costs to be paid by parties
to access dispute—scheme pipelines Division 2 — Non‑scheme pipeline disputes
s 188 Costs of arbitration of non‑scheme pipeline
disputes Division 3 — Mediation of access disputes involving small shippers
s 189 Costs of mediation of access disputes involving
small shippers Part 11 — Joint access dispute hearings—scheme pipeline disputes
s 190 Definition s 191 Joint
dispute hearing s 192 Consulting the parties s 193 Constitution and procedure of dispute resolution
body for joint dispute hearings s 194 Record of proceedings etc Part 12 — Miscellaneous matters
s 195 Correction of access determinations for clerical
mistakes etc s 196 User's existing capacity rights during an access
dispute Chapter 5A — Third‑party access obligations for non‑pipeline facilities
Part 1 — Information transparency
s 197 Definitions s 198 Information
and transparency requirements relating to facilities s 199 Publication of information relating to
facilities Part 2 — Access to certain facilities
s 200 Definitions s 201 Preventing or
hindering access to relevant facilities s 202 Terms
and conditions must not discriminate s 203 Duty to negotiate in good faith s 204 Rules
about ring fencing Chapter 7 — The Gas Bulletin Board
Part 1 — AEMO to be Bulletin Board operator
s 217 AEMO to be Bulletin Board operator s 218 AEMO's obligation to maintain Bulletin
Board s 219 AEMO's other functions as operator of Gas Bulletin
Board s 222 Fees for services provided Part 2 — Bulletin Board information
s 223 Obligation to
give information to AEMO s 224 Person cannot rely on duty of confidence to avoid
compliance with obligation s 225 Giving false
or misleading information s 226 Immunity of persons giving information to AEMO or
AER s 226A Provision of
certain information to AER Part 3 — BB Procedures
s 227 BB Procedures s 228 Nature of BB Procedures s 228A Compliance with BB Procedures Chapter 7A — Access to operational transportation services
Part 1 — Standard terms for operational transportation services
s 228B Transportation
service provider to publish standard OTSA s 228C Formation of
contracts on standard terms s 228D Exemptions from obligations under section 228B or
228C s 228E Requirements
relating to standard OTSA s 228F Service provider may enter into agreements
different from a standard OTSA Part 2 — Operational Transportation Service Code
s 228G Operational
Transportation Service Code s 228H Nature
of the Operational Transportation Service Code Part 3 — Other matters relating to access to operational transportation services
s 228I Service
requirements may be specified in the Rules s 228J When operational transfer must be offered s 228K Preventing or
hindering access to operational transportation services s 228L Transportation
service provider providing operational transportation services must not price
discriminate Chapter 8 — Proceedings under the National Gas Law
Part 1 — Proceedings generally
s 229 Instituting civil proceedings under this
Law s 230 Time limits within which proceedings may be
instituted Part 1A — Enforceable undertakings
s 230A Enforceable undertakings Part 2 — Proceedings for breaches of this Law, Regulations, the Rules or the Procedures
s 231 AER
proceedings for breaches of this Law, Regulations or the Rules that are not
offences s 232 Proceedings for declaration that a person has
breached a conduct provision s 233 Actions for damages by persons for breach of
conduct provision Part 3 — Matters relating to breaches of this Law, the Regulations or the Rules
s 234 Matters for which there must be regard in
determining amount of civil penalty s 235 Breach of a civil penalty provision is not an
offence s 236 Breaches of civil penalty provisions involving
continuing failure s 237 Conduct in breach of more than 1 civil penalty
provision s 238 Persons involved in breach of civil penalty
provision or conduct provision s 239 Attempt to breach a civil penalty
provision s 240 Civil penalties payable to the
Commonwealth Part 4 — Judicial review of decisions under this Law, the Regulations and the Rules
s 241 Definition s 242 Applications for judicial review of decisions of
the AEMC s 243 Applications for judicial review of AEMO's
decisions Part 5 — Merits review and other non-judicial review
Division 1 — Interpretation
s 244 Definitions Division 3 — Tribunal review of information disclosure decisions
s 263 Application
for review s 264 Exclusion of public in certain cases s 265 Determination
in the review s 266 Tribunal must be taken to have affirmed decision
if decision not made within time s 267 Assistance from AER or AEMO Division 4 — General
s 268 Costs in
a review s 269 Amount of costs Part 5A — Dispute resolution under the Rules
s 270B Commercial Arbitration Acts to apply to
proceedings before Dispute resolution panels s 270C Appeals on questions of law from decisions or
determinations of Dispute resolution panels Part 6 — Enforcement of access determinations
s 271 Enforcement
of access determinations s 272 Consent injunctions s 273 Interim injunctions s 274 Factors relevant to granting a restraining
injunction s 275 Factors relevant to granting a mandatory
injunction s 276 Discharge or variation of injunction or other
order Part 7 — Infringement notices
s 277 Power to
serve notice s 278 Form of notice s 279 Infringement
penalties s 280 AER cannot institute proceedings while
infringement notice on foot s 281 Late
payment of penalty s 282 Withdrawal
of notice s 283 Refund of infringement penalty s 284 Payment expiates breach of civil penalty
provision s 285 Payment not to have certain consequences s 286 Conduct in breach of more than 1 civil penalty
provision Part 8 — Further provision for corporate liability for breaches of this Law etc
s 287 Definition s 288 Offences and breaches by corporations s 289 Corporations also in breach if officers and
employees are in breach Chapter 9 — The making of the National Gas Rules
Part 1 — General
Division 1 — Interpretation
s 290 Definitions Division 2 — Rule making tests
s 291 Application
of national gas objective s 292 AEMC
must take into account form of regulation factors in certain cases s 293 AEMC
must take into account revenue and pricing principles in certain
cases s 293A AEMC must take into account innovative trial
principles in certain cases Part 2 — Minister initiated National Gas Rules
Division 1 — Initial Rules made by Minister
s 294 South
Australian Minister to make initial National Gas Rules s 294A South
Australian Minister to make initial Rules and Procedures related to AEMO's
functions under this Law s 294B South
Australian Minister to make initial Rules related to AEMO's declared STTM
functions s 294C South Australian Minister may make initial Rules and
Retail Market Procedures relating to implementation of NERL and NERR s 294CA South Australian Minister may make consequential
Rules relating to rate of return instrument s 294D South
Australian Minister to make initial Rules relating to AEMO's gas trading
exchange functions s 294DA South
Australian Minister to make initial Rules relating to the capacity
reforms s 294E South
Australian Minister to make initial Rules relating to Energy Consumers
Australia s 294EA South Australian Minister to make initial Rules
relating to regulatory sandboxing s 294F South Australian Minister to make initial Rules
relating to access to non‑scheme pipelines s 294FA South Australian Minister to make initial Rules
relating to enhanced market transparency s 294FB South Australian Minister to make initial Rules
relating to pipeline regulation s 294FC South Australian Minister to make initial Rules
relating to national gas objective s 294FD South Australian Minister to make initial Rules
relating to other gases s 294FE South Australian Minister to make initial Rules
relating to wholesale market monitoring matters Division 2 — Rules made by Minister from time to time
s 294G South Australian Minister may make Rules on
recommendation of MCE and Energy Security Board Part 3 — Procedure for the making of a Rule by the AEMC
s 295 Initiation
of making of a Rule s 296 AEMC
may make more preferable Rule in certain cases s 297 AEMC may make Rules that are consequential to a
Rule request s 298 Content of
requests for a Rule s 299 Waiver of
fee for Rule requests s 300 Consolidation of 2 or more Rule requests s 301 Initial
consideration of request for Rule s 302 AEMC
may request further information from Rule proponent in certain cases s 303 Notice of
proposed Rule s 304 Publication of
non-controversial or urgent final Rule determination s 304A Publication 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 306 Right to
make written submissions and comments s 307 AEMC
may hold public hearings before draft Rule determination s 308 Draft Rule
determination s 309 Right to
make written submissions and comments in relation to draft Rule
determination s 310 Pre-final
Rule determination hearing may be held s 311 Final Rule
determination s 312 Proposal to
make more preferable Rule s 313 Making of
Rule s 314 Operation
and commencement of Rule s 314A Extension of trial Rule s 314B AEMC may
impose requirements on proponent of trial project on making trial
Rule s 314C AEMC may
revoke trial Rule on recommendation of AER s 314D Special provision for revocation of trial
Rule s 315 Rule
that is made to be published on website and made available to the
public s 316 Evidence of the National Gas Rules Part 4 — Miscellaneous provisions relating to rule making by the AEMC
s 317 Extension of
periods of time in Rule making procedure s 318 AEMC
may extend period of time for making of final Rule determination for further
consultation s 319 AEMC
may publish written submissions and comments unless confidential s 320 AEMC
must publicly report on Rules not made within 12 months of public notification
of requests s 320A Subsequent rule making by AEMC Chapter 10 — General
Part 2 — Handling of confidential information
Division 1 — Disclosure of confidential information held by AER
s 324 Authorised disclosure of information given to the
AER in confidence s 325 Disclosure with
prior written consent is authorised s 326 Disclosure for purposes of court and tribunal
proceedings and to accord natural justice s 326A Disclosure of information to Energy Security
Board s 327 Disclosure
of information given to the AER with confidential information omitted s 328 Disclosure
of information given in confidence does not identify anyone s 328A Disclosure
of information that has entered the public domain s 328B Disclosure of
information in an aggregated form s 329 Disclosure
of information authorised if detriment does not outweigh public
benefit Division 2 — Disclosure of confidential information held by AEMC
s 330 Confidentiality of information Part 3 — Miscellaneous
s 332 Failure to make a decision under this Law or the
Rules within time does not invalidate the decision s 333 Withdrawal of applications relating to particular
determinations or classification s 335A Penalty privilege s 335B Court may grant relief from liability s 336 Savings
and transitionals Schedule 1 — Subject matter for the National Gas Rules
Schedule 2 — Miscellaneous provisions relating to interpretation
Part 1 — Preliminary
s 1 Displacement of Schedule by contrary
intention Part 2 — General
s 2 Law to be
construed not to exceed legislative power of Legislature s 3 Changes of drafting practice not to affect
meaning s 4 Material that is, and is not, part of Law s 5 References to particular Acts and to
enactments s 6 References taken to be included in Act or Law
citation etc s 7 Interpretation
best achieving Law's purpose s 8 Use of extrinsic material in
interpretation s 9 Compliance with forms Part 3 — Terms and references
s 10 Definitions s 11 Provisions relating to defined terms and gender and
number s 12 Meaning of
may and must etc s 13 Words and expressions used in statutory
instruments s 14 References to Minister s 15 Production of
records kept in computers etc s 16 References to this jurisdiction to be
implied s 17 References to
officers and holders of offices s 18 Reference to certain provisions of Law Part 4 — Functions and powers
s 19 Performance
of statutory functions s 20 Power
to make instrument or decision includes power to amend or repeal s 21 Matters for which statutory instruments may make
provision s 22 Presumption of validity and power to make s 23 Appointments
may be made by name or office s 24 Acting appointments s 25 Powers of appointment imply certain incidental
powers s 26 Delegation s 27 Exercise of powers between enactment and
commencement Part 5 — Distance and time
s 28 Matters relating to distance and time Part 6 — Service of documents
s 29 Service of documents and meaning of service by post
etc s 30 Meaning of service by post etc Part 7 — Evidentiary matters
Division 1 — Publication on websites
s 31 Definitions s 32 Publication of decisions on websites Division 2 — Evidentiary certificates
s 33 Definitions s 34 Evidentiary certificates—AER s 35 Evidentiary certificates—AEMC s 38 Evidentiary certificates—AEMO Part 8 — Commencement of this Law and statutory instruments
s 39 Time of commencement of this Law or a provision of
this Law s 40 Time of commencement of a Rule Part 9 — Effect of repeal, amendment or expiration
s 41 Time of Law, the Regulations or Rules ceasing to
have effect s 42 Repealed Law, Regulation or Rule provisions not
revived s 43 Saving of operation of repealed Law, Regulation or
Rule provisions s 44 Continuance
of repealed provisions s 45 Law and amending Acts to be read as one Part 10 — Offences under this Law
s 46 Penalty at foot of provision s 47 Penalty other than at foot of provision s 47A Indexation of
civil penalty amounts s 47B Indexation of
criminal penalties s 48 Indictable offences and summary offences s 49 Double
jeopardy s 50 Aiding and abetting, attempts etc Part 11 — Instruments under this Law
s 51 Schedule applies to statutory instruments s 51A Rate of return instrument construed not to exceed
the legislative power of the Legislature of this jurisdiction or the powers
conferred by this Law s 52 National 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 53 Invalid
Rules s 53A Invalid rate of return instrument Schedule 3 — Savings and transitionals
Part 1 — General
s 1 Definitions s 1A Words in particular provisions have meanings given
by former section 2 s 2 Schedule
subject to jurisdictional transitional arrangements in jurisdictional
legislation Part 2 — General savings provision
s 3 Saving of operation of old access law and Gas
Code Part 3 — Classification and coverage of pipelines
s 4 Pending applications for the classification of
pipelines lapse s 5 Old scheme coverage determinations s 6 Old scheme covered transmission pipelines s 7 Old scheme covered distribution pipelines s 8 Pending
coverage applications under old scheme (before NCC recommendation) s 9 Pending
relevant Minister decisions in relation to coverage under old scheme s 10 Pending relevant Minister decisions in relation to
coverage that are reviewed under old scheme s 11 Pending old scheme coverage determinations where no
applications for review under old scheme s 12 Pending old scheme coverage determinations where
applications for review under old scheme on foot s 13 Pending old scheme no-coverage determinations where
no applications for review under old scheme s 14 Pending old scheme no-coverage determinations where
applications for review under old scheme on foot s 15 Pending
coverage revocation applications under old scheme (before NCC
recommendation) s 16 Pending
relevant Minister decisions in relation to coverage revocation under old
scheme s 17 Pending relevant Minister decisions in relation to
coverage revocation that are reviewed under old scheme s 18 Pending old scheme coverage revocation
determinations where no applications for review under old scheme s 19 Pending old scheme coverage revocation
determinations where applications for review under old scheme on foot s 20 Pending old scheme coverage non-revocation
determinations where no applications for review under old scheme s 21 Pending old scheme coverage non-revocation
determinations where applications for review under old scheme on foot s 22 Binding no-coverage determinations s 23 Pending
applications for binding no-coverage determinations (before NCC
recommendation) s 24 Pending
relevant Minister decisions for binding no-coverage determinations under old
scheme s 25 Pending relevant Minister decisions in relation to
binding no‑coverage determinations that are reviewed under old
scheme Part 4 — Access arrangements
s 26 Current access arrangements (other than old scheme
limited access arrangements) s 27 Old scheme limited access arrangements s 28 Access
arrangements submitted but not approved or rejected before repeal of old
scheme s 29 Access
arrangement revisions submitted but not approved or rejected before repeal of
old scheme s 30 Certain
provisions of the Gas Code to continue to apply to current and proposed access
arrangements s 31 Certain decisions relating to certain access
arrangements are reviewable regulatory decisions for purposes of
Chapter
8Part 5 of the Law s 32 Limited access arrangements submitted but not
approved before repeal of old scheme s 33 Extensions and expansions policies s 34 Queuing policies Part 5 — Price regulation exemptions
s 35 Old scheme price regulation exemptions s 36 Pending
applications for price regulation exemptions s 37 Pending Commonwealth Minister decisions for price
regulation exemptions Part 6 — Structural and operational separation (ring fencing)
s 38 Definitions s 39 Compliance with certain old scheme ring fencing
requirements sufficient compliance for 6 month period s 40 Existing waivers of ring fencing
obligations s 41 Additional ring fencing obligations Part 7 — Access disputes
s 42 Non-finalised access disputes Part 8 — Investigations and proceedings
s 43 Investigations
into breaches and possible breaches of the old access law or Gas Code s 44 AER
may conduct investigations into breaches or possible breaches of Gas Pipelines
Access Law not investigated by a relevant Regulator s 45 AER may bring proceedings in relation to breaches
of old access law and Gas Code Part 9 — Associate contracts
s 46 Pending
associate contract approvals that are approved after commencement day s 47 Pending associate contracts approvals that are not
approved s 48 Approved associate contracts Part 10 — Other
s 49 Pending and final tender approval requests
lapse s 50 Decisions approving final approval
requests s 51 Rights under certain change of law provisions in
agreements or deeds not to be triggered s 52 References to relevant Regulator in access
arrangements s 53 Old scheme classifications and scheme participant
determinations Part 11 — Transitional provisions related to AEMO's new functions and its assumption of role of former gas market operators
Division 1 — Preliminary
s 54 Definitions Division 2 — General provisions
s 55 Saving operation of superseded jurisdictional
rules s 56 Transitional provisions governing accrued and
accruing rights, liabilities etc s 57 Investigations s 58 Proceedings for breach of superseded jurisdictional
rules s 59 Dispute resolution s 60 Registered participants s 61 Instruments made by former gas market
operators s 62 Rule change proposals s 63 Incompatibility between request for the making of
Rule or Procedure and Minister-initiated Rule or Procedure s 64 Natural Gas Services Bulletin Board s 65 Publication of notices etc s 66 Rights under change of law provisions not to be
triggered by amendments to this Law etc Division 3 — Transfer of assets and liabilities of GMC and AEMO T
s 67 Transfer of assets and liabilities s 68 Transfer of
AEMO T's assets and liabilities s 69 Effect of relevant transfer order s 70 Continued effect of certain acts by GMC or AEMO
T s 71 Continuation of proceedings s 72 Validity and effect of things done under this
Division s 73 Evidence of transfer s 74 Obsolete references Division 4 — Acceptance of transfer from former gas market operators and AEMO T
s 75 Parties to transfer must do anything necessary to
perfect transfer s 76 Corporations Act displacement Division 5 — Fees and charges
s 77 AEMO's fees and charges s 78 Establishment expenditure s 79 Expenditure on gas statement of
opportunities Division 6 — Information
s 80 Transferred information s 81 Calculations Division 7 — Deferral of relevant legislative innovations in Queensland
s 82 Queensland Minister's power to defer commencement
of relevant legislative innovations Division 8 — Special transitional provisions for South Australia
s 83 Definitions s 84 Transitional
contracts s 85 Contractual provisions for dispute
resolution s 86 Risk allocation Part 12 — Transitional provision related to short term trading markets
s 87 Initial STTM Procedures Part 13 — Application of National Energy Retail Law amendments
s 88 Application of National Energy Retail Law
amendments Part 14 — Information publication
s 89 Information publication Part 15 — Transitional provision related to AEMC rule making powers
s 90 AEMC rule making powers Part 16 — Transitional provisions relating to capacity trading and auctions and harmonisation amendments
s 91 Immunity from liability—implementation or
use of standard market timetable s 92 Immunity from liability—supply of capacity
through capacity auctions s 93 Immunity for giving effect to the auction priority
principles s 94 Transitional regulations Part 17 — Transitional provisions for rate of return instrument
s 95 Definitions s 96 Making first rate of return instrument if review
not completed before commencement s 97 Making first rate of return instrument if review
completed before commencement s 98 Application of this Law to particular
decisions Part 18 — Savings and transitional provisions related to Ministerial Council on Energy amendments
s 99 Definitions s 100 References to Ministerial Council on
Energy s 101 Rights under certain change of law provisions in
agreements or deeds not to be triggered s 102 Rights under
contracts etc s 103 Saving of decisions etc Part 19 — Transitional provisions related to pipeline regulation amendments
Division 1 — Preliminary
s 104 Definitions Division 2 — Regulation and classification of pipelines
Subdivision 1 — Covered pipelines generally
s 105 Particular
covered pipelines deemed to be scheme pipelines Subdivision 2 — Provisions for tender approval pipelines
s 106 Particular
tender approval pipelines become scheme pipelines s 107 When particular scheme pipelines become
non‑scheme pipelines Subdivision 3 — Provisions for voluntary access arrangement pipelines
s 108 Particular
voluntary access arrangement pipelines become scheme pipelines s 109 When
particular scheme pipelines become non‑scheme pipelines Subdivision 4 — Classification of pipelines
s 110 Classification
under pre-amended Law continues in effect s 111 Pipelines
not classified under pre-amended Law or jurisdictional gas
legislation s 112 Notice to be given about classification of
particular pipelines Division 3 — Pending matters under Chapter 3 of pre-amended Law
s 113 Pending applications under Chapter 3 of
pre-amended Law s 114 Recommendation-making process under Chapter 3 of
pre-amended Law s 115 Decision-making process under Chapter 3 of
pre-amended Law Division 4 — Provisions for limited access arrangements
s 116 Limited access arrangements s 117 Submission of limited access arrangement Division 5 — Provisions for 15-year no-coverage determinations
Subdivision 1 — General provisions
s 118 15-year
no-coverage determinations deemed to be greenfields incentive
determinations s 119 Exemption for pipelines to which a 15‑year
no-coverage determination applied s 120 Pending applications for 15‑year
no-coverage determinations under pre-amended Law Subdivision 2 — Price regulation exemptions
s 121 Pending applications for price regulation
exemption s 122 Making of recommendations for price regulation
exemptions s 123 Granting of price regulation exemptions s 124 Price regulation exemptions deemed to be
greenfields incentive determinations Division 6 — Access disputes
s 125 Access disputes started under pre-amended
Law Division 7 — Miscellaneous provisions
s 126 Service provider for non‑scheme pipeline
not required to comply with section 131 s 127 Exemptions from minimum ring fencing
requirements s 128 Delayed commencement of ring fencing requirements
for non‑scheme pipelines s 129 Provision for Goldfields Gas Pipeline s 130 Provision for Northern Gas Pipeline s 131 Pending applications under Rules for approval of
tender process s 132 Decision-making process under Rules for approval
of tender process Part 20 — Transitional provisions related to national gas objective amendments
s 133 Definitions s 134 When
amended objective takes effect for particular matters s 135 Application
of national gas objective to particular matters in progress on start
day s 136 Administrative guidance for decisions under
clause 135(3) s 137 Administrative guidance about value of greenhouse
gas emissions s 138 Validation of things done in relation to Rules
before commencement Part 21 — Transitional provisions related to other gas amendments
Division 1 — Preliminary
s 139 Definitions Division 2 — Gas Bulletin Board
s 140 Gas Bulletin Board s 141 References to Natural Gas Services Bulletin
Board Division 3 — Other matters
s 142 Greenfields incentive determinations s 143 Greenfields price protection
determinations s 144 Information transparency rules 