Gas Services Information Act 2012

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

In this Act —

a service provider;

a user;

a producer;

a storage provider;

a person prescribed by the regulations for the purposes of this definition;

that is specified to be confidential by the person who gave it (unless it is not reasonable in the circumstances to so specify the information); or

that by its nature is confidential; or

that is classified as confidential under the regulations or the rules;

is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline; or

has a right under an access determination to be provided with a pipeline service by means of a pipeline; or

is an end user of a class prescribed by the regulations for the purposes of this paragraph.

Unless the contrary intention appears, a term has the same meaning in this Act as it has in the National Gas Access (Western Australia) Law except that, for the purposes of this Act, the definition of pipeline is to be read as —

not including a pipeline that is a part of a distribution system (as defined in the Energy Coordination Act 1994 section 3(1)); and

including a meter station or gate station, through which gas may flow into a distribution system (as so defined).

The gas bulletin board is a website the primary purpose of which is to include information relating to short and near term natural gas supply and demand and natural gas transmission and storage capacity in the State.

The gas bulletin board may include —

information relating to fuels other than natural gas, to the extent relevant to the primary purpose of the GBB;

information that is required to be included on the GBB under another written law;

information relating to offers to buy and sell natural gas and natural gas transmission capacity.

The gas statement of opportunities is a periodic statement the primary purpose of which is to include information and assessments relating to medium and long term natural gas supply and demand and natural gas transmission and storage capacity in the State.

The gas statement of opportunities may include information and assessments relating to fuels other than natural gas, to the extent relevant to the primary purpose of the GSOO.

the security, reliability and availability of the supply of natural gas in the State;

the efficient operation and use of natural gas services in the State;

the efficient investment in natural gas services in the State;

the facilitation of competition in the use of natural gas services in the State.

The regulations are to provide for —

the establishment and operation of a GBB; and

the preparation and publication of a GSOO.

The regulations may —

confer on a person functions relating to establishing and operating the GBB and preparing and publishing the GSOO;

confer, or authorise the rules to confer, on the Minister or another person functions relating to the functions referred to in paragraph (a);

make amendments to subsidiary legislation made under any other Act consequential on, and relating to, a function having been conferred on a person under paragraph (a) or (b);

impose obligations on gas market participants to provide to the operator information specified in the regulations or the rules;

authorise the operator to impose obligations on gas market participants (generally or individually) to provide to the operator information requested by the operator;

provide for compliance with obligations under paragraphs (d) and (e);

provide for the relationship between the Minister, or another Minister, and a person referred to in paragraph (a) or (b) in respect of the performance of the person’s functions generally;

provide, or authorise the rules to provide, for the resolution of disputes arising under this Act;

control the use and disclosure of protected information.

The functions conferred under subsection (2)(a) must include the following functions —

to collect, collate and manage information for the GBB and the GSOO;

to derive from the information referred to in paragraph (a) information for inclusion on the GBB or in the GSOO;

to include information on the GBB of the kinds that may or must be included on the GBB under this Act;

to prepare and publish the GSOO periodically.

If conferring a function under subsection (2)(a) or (b), or the making of subsidiary legislation under subsection (2)(c), would otherwise be inconsistent with a written law —

the function may be conferred despite the written law; and

the subsidiary legislation may be amended despite the written law.

The persons on whom functions may be conferred under subsection (2)(a) or (b) include —

the person from time to time holding, acting in or lawfully performing the functions of, an office under a written law;

a body established under a written law.

The regulations are to provide for there to be rules, relating to the form, content and operation of the GBB and to the form and content of the GSOO, that set out or deal with, but are not limited to, the matters prescribed by the regulations for the purposes of this subsection.

The regulations may —

provide that a provision of the rules specified in the regulations, or of a class specified in the regulations, is a civil penalty provision;

prescribe, for a contravention of a civil penalty provision —

an amount not exceeding $100 000; and

in addition, if the contravention is of a continuing nature, a daily amount not exceeding $20 000 for each day or part of a day during which the contravention continues,

provide for demands for the payment of amounts referred to in paragraph (b) not exceeding $20 000 and the enforcement of demands for their payment;

provide for and regulate the taking of proceedings in respect of alleged contraventions of provisions of the rules, provide for the orders that can be made and other sanctions that can be imposed in those proceedings and provide for the enforcement of those orders and sanctions;

provide for the manner in which amounts received by way of civil penalties are to be dealt with and applied;

provide for the establishment of the initial rules;

provide for the amendment, or repeal and replacement, of the rules by rules made in accordance with the regulations and the rules;

provide for the publication, commencement, and laying before each House of Parliament, of the initial rules and rules amending, or repealing and replacing, the rules.

For the purposes of subsection (2), the following also constitute contravening a provision of the rules —

attempting to contravene the provision;

aiding, abetting, counselling or procuring a person to contravene the provision;

inducing, or attempting to induce, a person, whether by threats or promises or otherwise, to contravene the provision;

being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of the provision;

conspiring with others to contravene the provision.

The Interpretation Act 1984 sections 42 and 43(6) do not apply to the rules.

The regulations may make provision for and in relation to the imposition and payment of fees and charges in connection with the recovery of costs incurred in the performance of functions under this Act, including by authorising the rules to provide for fees and charges in relation to functions specified in the regulations.

In subsection (1), the reference to the performance of functions under this Act includes a reference to the performance of functions under another Act relating to the performance of functions under this Act.

If it is inappropriate to prescribe a set fee or charge in connection with the performance of a particular function the regulations or rules may provide for the method of calculating the fee or charge, including calculation according to the cost of performing that function.

The regulations may —

authorise the Board to fix, and determine the incidence of liability for, the cost and expenses of the hearing and determination of proceedings before the Board; and

make any incidental or supplementary provision that is expedient for the purposes of paragraph (a).

The application of subsection (4) extends to the cost and expenses of proceedings that are commenced but discontinued or otherwise not brought to finality.

A person on whom a function is conferred under section 7(2)(a) may, in writing, delegate that function to another person.

A person performing a function that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

Application may be made to the Board for the review of a decision of a person on whom a function is conferred under section 7(2)(a) or (b) in connection with the performance of that function, other than a decision of a class specified in the regulations.

The regulations may provide for the powers of the Board in relation to such reviews.