Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 139

139. (1) An agreement (other than the Gas Transportation Agreement) entered
into after the commencement of this section between:

   (a)  a Moomba operator or a related body corporate of the operator; and

   (b)  a controlling distributor of the Moomba operator or a related body
        corporate of the controlling distributor; in relation to the supply of
        haulage services by the operator is of no effect until approved by the
        TPC. The approval may be given either before or after the agreement is
        made.

(2) The TPC must not refuse to approve an agreement or a proposed agreement
covered by subsection (1) unless the TPC thinks the agreement would be likely
to have the effect of substantially lessening, preventing or hindering
competition.

(3) If the TPC has not made a decision to approve or refuse to approve an
agreement or a proposed agreement within 2 months after being given the
agreement or the proposed agreement, the TPC is taken to have approved the
agreement or the proposed agreement.

(4) A decision of the TPC to approve or refuse to approve an agreement or a
proposed agreement must be notified in writing to the party to the agreement
or proposed agreement who sought the approval as soon as practicable after the
decision is made.

(5) In this section:

"Gas Transportation Agreement" means the agreement entered into by Newco and
AGL Sydney Ltd on the sale day in relation to the provision of haulage
services by Newco.