Gas Services Information Regulations 2012

regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

the rest of the regulations — on the day on which the Gas Services Information Act 2012 section 7 comes into operation.

In these regulations, unless the contrary intention appears —

Unless the contrary intention appears, a reference to the performance of the functions of the operator, the IMO or the ERA is a reference to the performance of its functions under the Act.

It is a function of the AEMO —

to establish and operate the GBB; and

to prepare and publish the GSOO.

Without limiting subregulation (1), the AEMO has 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 the Act or any other written law;

to prepare and publish the GSOO periodically.

In this regulation —

Subject to regulation 7, GSI rules are to be made by the Minister.

GSI rules commence at a time fixed —

by the GSI rules; or

in a manner provided for by the GSI rules.

GSI rules made by the Minister cannot commence before the GSI rules are notified under subregulation (5).

Different commencement times may be fixed under —

subregulation (3)(a) for different provisions of GSI rules; or

subregulation (3)(b) for different provisions of GSI rules unless those GSI rules provide otherwise.

GSI rules made by the Minister must be notified in the Gazette.

The notification must include notice of —

the making of the GSI rules; and

where the GSI rules are available under subregulation (8) or regulation 9.

GSI rules made by the Minister must be laid before each House of Parliament within 10 sitting days of that House next following their notification in the Gazette.

The Coordinator must make a copy of amending rules made by the Minister available on a website maintained by, or on behalf of, the Coordinator.

In this regulation —

The GSI rules may provide for matters relating to the initiation, development, making, approval, publication and commencement of amending rules.

The GSI rules under subregulation (2) may be made so as to apply to —

amending rules of a specified kind; or

amending rules other than rules of a specified kind,

Despite anything in this regulation or the GSI rules —

rules replacing the GSI rules in whole are to be made by the Minister and regulation 6(5) applies to them; and

rules must be approved by the Minister before they are made if they —

amend, repeal or replace GSI rules to confer functions on the Coordinator; or

amend, repeal or replace GSI rules that confer functions on the Coordinator; or

amend, repeal or replace GSI rules dealing with the matters referred to in regulation 8(2)(c) in relation to the Coordinator.

Despite anything in this regulation or the GSI rules, the Minister may make amending rules during the period beginning on the day on which the Gas Services Information Amendment Regulations (No. 3) 2015 regulation 6 comes into operation and ending on 1 July 2018.

Despite anything in this regulation or the GSI rules, the Minister may make amending rules during the period beginning on the day on which the Energy Regulations Amendment Regulations 2021 regulation 29 comes into operation and ending on 31 March 2023.

Despite anything in this regulation or the GSI rules, the Minister may make amending rules during the period beginning on the day on which the Energy Regulations Amendment Regulations 2025 regulation 10 comes into operation and ending on 31 October 2027.

The GSI rules may confer functions, relating to the functions referred to in section 7(2)(a) of the Act, on the operator, the Minister, the Coordinator and the ERA.

Without limiting anything else in these regulations, the GSI rules may provide for the following —

the registration of gas market participants for the purposes of the GSI rules;

procedures, fees and other matters relating to registration of gas market participants;

governance matters, including financial management, relating to the performance of the functions of the operator or the Coordinator under these regulations and the GSI rules;

fees and charges to be paid by registered gas market participants for —

the performance of the functions of the operator, the Coordinator or the ERA under these regulations and the GSI rules; and

the performance of the functions of the AEMO under the Australian Energy Market Operator (Functions) Regulations 2015 to the extent to which they are functions under the Act; and

the performance of the functions of the ERA under the Energy Industry (Rule Change Panel) Regulations 2016 to the extent to which they are functions under the Act;

the resolution of disputes between gas market participants and the operator;

the limiting of access to parts of the GBB;

the Coordinator (including in his or her capacity as a hazard management agency) to direct the operator as to the performance of the functions of the operator in circumstances specified in the rules, being circumstances in the nature of an emergency, a disruption to the supply of natural gas or a threat to the safety, reliability or security of a pipeline or the supply of natural gas;

a failure to comply with specified requests for information made during or in relation to circumstances specified under paragraph (g) is neither an offence nor a contravention of the GSI rules;

the monitoring and investigation of compliance with these regulations, the GSI rules and GSI procedures;

the giving of notices warning a gas market participant that the ERA believes that the participant has contravened a provision of the GSI rules;

the suspension of requirements imposed under the GSI rules or GSI procedures;

the use or disclosure of protected information by the operator or the ERA;

the delegation of powers or duties conferred or imposed by the GSI rules other than the power to —

make rules amending the GSI rules;

formulate GSI procedures or amendments of GSI procedures;

the establishment, functions and governance of advisory committees;

transitional matters;

any other matters that are necessary or convenient to be dealt with.

For the purposes of section 8(1) of the Act, the matters referred to in subregulation (2)(a), (c), (d), (e), (i) and (j) are prescribed.

Without limiting regulation 8(2)(o), the GSI rules may provide for transitional matters arising in connection with the transfer of a function from the IMO to the ERA or Rule Change Panel including, without limitation, by providing for —

a thing done or omitted to be done by, to or in relation to the IMO before the transfer to be taken after the transfer to have been done or omitted by, to or in relation to the ERA or Rule Change Panel; and

a right or obligation of the IMO before the transfer to be taken after the transfer to be a right or obligation of the ERA or Rule Change Panel; and

a reference to the IMO in an instrument or document made or given for the purposes of these regulations or the GSI rules to be taken after the transfer to be a reference to the ERA or Rule Change Panel.

A reference in this regulation to the transfer of a function from the IMO to the ERA or Rule Change Panel is a reference to a function —

being conferred on the ERA or Rule Change Panel (whichever is relevant) under these regulations or the GSI rules; and

ceasing to be a function of the IMO under these regulations or the GSI rules.

In this regulation —

Without limiting regulation 8(2)(o), the GSI rules may provide for transitional matters arising in connection with the transfer to the Coordinator of a Rule Change Panel function.

The provision that may be made under subregulation (2) includes, without limitation, the following —

provision for a thing done or omitted to be done by, to or in relation to the Rule Change Panel before a transfer to be taken after the transfer to have been done or omitted by, to or in relation to the Coordinator;

provision for a right or obligation of the Rule Change Panel before a transfer to be taken after the transfer to be a right or obligation of the Coordinator;

provision for a reference to the Rule Change Panel in an instrument or document made or given before a transfer for the purposes of these regulations or the GSI rules to be taken after the transfer to be a reference to the Coordinator.

For the purposes of this regulation, a Rule Change Panel function is transferred to the Coordinator if —

the Rule Change Panel function becomes a function of the Coordinator (with or without modifications); or

a function that is substantially the same as, or that is similar to, or that otherwise replaces, the Rule Change Panel function is otherwise conferred on the Coordinator.

make a copy of the GSI rules, as in force for the time being, available on a website maintained by, or on behalf of, the Coordinator; and

if the GSI rules adopt a text of a published document, either as that text exists at a particular time or as it may from time to time be amended — make that text available on that website or specify on that website a place where the text may be obtained.