New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW

- As at 13 December 2018 
- Act 31a of 2008 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - CITATION AND INTERPRETATION

   1.      Citation
   2.      Definitions
   3.      Meaning of civil penalty provision
   4.      Meaning of conduct provision
   5.      Meaning of prospective user
   6.      Meaning of regulatory obligation or requirement
   7.      Meaning of regulatory payment
   8.      Meaning of service provider
   8AA.    Meaning of transportation service provider
   8A.     Nominated distributors
   9.      Passive owners of scheme pipelines deemed to provide or intend to provide pipeline services
   10.     Things done by 1 service provider to be treated as being done by all of service provider group
   11.     Local agents of foreign service providers
   12.     Commissioning of a pipeline
   13.     Pipeline classification criterion
   14.     Jurisdictional determination criteria--cross boundary distribution pipelines
   15.     Pipeline coverage criteria
   16.     Form of regulation factors
   17.     Effect of separate and consolidated access arrangements in certain cases
   18.     Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a covered pipeline
   19.     Expansions of and extensions to covered pipeline by which light regulation services are provided
   20.     Interpretation generally

   PART 2 - PARTICIPATING JURISDICTIONS

   21.     Participating jurisdictions
   22.     Ministers of participating jurisdictions

   PART 3 - NATIONAL GAS OBJECTIVE AND PRINCIPLES

           Division 1 - National gas objective

   23.     National gas objective

           Division 2 - Revenue and pricing principles

   24.     Revenue and pricing principles

           Division 3 - MCE policy principles

   25.     MCE statements of policy principles

   PART 4 - OPERATION AND EFFECT OF NATIONAL GAS RULES

   26.     National Gas Rules to have force of law

   PART 5 - CORPORATIONS ACT DISPLACEMENT

   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

   27.     Functions and powers of the AER
   28.     Manner in which AER must perform or exercise AER economic regulatory functions or powers
   29.     Delegations
   30.     Confidentiality

           Division 1A - Rate of return instrument

              Subdivision 1 - Preliminary

   30A.    Definitions
   30B.    Rate of return instrument has force of law
   30C.    Rate of return instrument is binding on AER and covered pipeline service providers

              Subdivision 2 - Requirement to make rate of return instrument

   30D.    AER to make rate of return instrument
   30E.    Content of rate of return instrument

              Subdivision 3 - Consultation requirements

   30F.    Process for making rate of return instrument
   30G.    Other matters AER must have regard to in making instrument
   30H.    Requirements before publishing draft instrument
   30I.    Consumer reference group
   30J.    Publication of draft instrument and other information
   30K.    Report about draft instrument by independent panel
   30L.    Publication of explanatory information
   30M.    Failure to comply does not affect validity

              Subdivision 4 - Publication, review and other matters

   30N.    Publication of rate of return instrument
   30O.    Commencement and duration of instrument
   30P.    Review and replacement of instrument
   30Q.    Application of instrument
   30R.    Rate of return instrument may apply for this Law and the National Electricity Law

              Subdivision 5 - Confidentiality of information

   30S.    Confidentiality
   30T.    Disclosure of information given in confidence

           Division 2 - Search warrants

   31.     Definitions
   32.     Authorised person
   33.     Identity cards
   34.     Return of identity cards
   35.     Search warrant
   36.     Announcement of entry and details of warrant to be given to occupier or other person at premises
   37.     Immediate entry permitted in certain cases
   38.     Copies of seized documents
   39.     Retention and return of seized documents or things
   40.     Extension of period of retention of documents or things seized
   41.     Obstruction of persons authorised to enter

           Division 3 - General information gathering powers

   42.     Power to obtain information and documents in relation to performance and exercise of functions and powers

           Division 4 - Regulatory information notices and general regulatory information orders

              Subdivision 1 - Interpretation

   43.     Definitions
   44.     Meaning of contributing service
   45.     Meaning of general regulatory information order
   46.     Meaning of regulatory information notice
   47.     Division does not limit operation of information gathering powers under Division 3

              Subdivision 2 - Serving and making of regulatory information instruments

   48.     Service and making of regulatory information instruments
   49.     Additional matters to be considered for related provider regulatory information instruments
   50.     AER must consult before publishing a general regulatory information order
   51.     Publication requirements for general regulatory information orders
   52.     Opportunity to be heard before regulatory information notice is served

              Subdivision 3 - Form and content of regulatory information instruments

   53.     Form and content of regulatory information instrument
   54.     Further provision about the information that may be described in a regulatory information instrument
   55.     Further provision about manner in which information must be provided to AER or kept

              Subdivision 4 - Compliance with regulatory information instruments

   56.     Compliance with regulatory information notice that is served
   57.     Compliance with general regulatory information order
   57A.    Confidentiality issues
   57B.    Disclosure of information given to AER in compliance with regulatory information instrument
   58.     Exemptions from compliance with general regulatory information order
   59.     Assumptions where there is non-compliance with regulatory information instrument

              Subdivision 5 - General

   60.     Providing to AER false and misleading information
   61.     Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument
   62.     Legal professional privilege not affected
   63.     Protection against self-incrimination

           Division 5 - Service provider performance reports

   64.     Preparation of service provider performance reports

           Division 6 - Miscellaneous matters

   65.     Consideration by the AER of submissions or comments made to it under this Law or the Rules
   66.     Use of information provided under a notice under section 42 or a regulatory information instrument
   67.     AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
   68.     AER enforcement guidelines
   68A.    Single documentation
   68B.    Use of information
   68C.    Record of designated reviewable regulatory decisions

   PART 2 - FUNCTIONS AND POWERS OF THE AUSTRALIAN ENERGY MARKET COMMISSION

           Division 1 - General

   69.     Functions and powers of the AEMC
   70.     Delegations
   71.     Confidentiality
   72.     AEMC must have regard to national gas objective
   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

   74.     Subject matter for National Gas Rules
   75.     Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
   76.     AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
   77.     Documents etc applied, adopted and incorporated by Rules to be publicly available

           Division 3 - Committees, panels and working groups of the AEMC

   78.     Establishment of committees, panels and working groups

           Division 4 - MCE directed reviews

   79.     MCE directions
   80.     Terms of reference
   81.     Notice of MCE directed review
   82.     Conduct of MCE directed review

           Division 5 - Other reviews

   83.     Rule reviews by the AEMC

           Division 6 - Miscellaneous matters

   83A.    Special information and transparency requirements relating to non-scheme pipelines
   83B.    Standard market timetable
   83C.    Use of the standard market timetable
   83D.    False or misleading statements
   84.     AEMC must publish and make available up to date versions of Rules
   85.     Fees
   86.     Immunity from personal liability of AEMC officials

   PART 3 - FUNCTIONS AND POWERS OF MINISTERS OF PARTICIPATING JURISDICTIONS

   87.     Functions and powers of Minister of this participating jurisdiction under this Law
   88.     Functions and powers of Commonwealth Minister under this Law

   PART 4 - FUNCTIONS AND POWERS OF THE NCC

   89.     Functions and powers of NCC under this Law
   90.     Confidentiality

   PART 5 - FUNCTIONS AND POWERS OF TRIBUNAL

   91.     Functions and powers of Tribunal under this Law

   PART 6 - ROLE OF AEMO UNDER NATIONAL GAS LAW

           Division 1 - General

   91A.    AEMO's statutory functions
   91AB.   AEMO's power to carry out statutory functions
   91AC.   Delegation

           Division 2 - AEMO's declared system functions

              Subdivision 1 - Preliminary

   91B.    Application of this Division
   91BA.   AEMO's declared system functions
   91BB.   AEMO to account to relevant Minister for performance of declared system functions

              Subdivision 2 - Power of direction

   91BC.   AEMO's power of direction
   91BD.   Protection from liability

              Subdivision 3 - AEMO's relationship with transmission system service providers and facility owners

   91BE.   Service envelope agreement between AEMO and transmission pipeline service provider
   91BF.   Interconnection with facilities
   91BG.   Operating agreement between AEMO and facility owner
   91BH.   General principles governing determinations

              Subdivision 4 - Declared wholesale gas market

   91BI.   Market participation
   91BJ.   Registration required for market participation
   91BK.   Certificates of registration etc

              Subdivision 5 - Wholesale Market Procedures

   91BL.   Wholesale Market Procedures
   91BM.   Nature of Wholesale Market Procedures
   91BN.   Compliance with Wholesale Market Procedures

              Subdivision 6 - Ownership of gas in declared transmission system

   91BO.   Ownership of gas
   91BP.   Title to gas

              Subdivision 7 - Immunity

   91BQ.   Immunity
   91BR.   Immunity in dealing with an emergency

           Division 2A - Short term trading markets

              Subdivision 1 - Preliminary

   91BRA.  Application of this Division
   91BRB.  AEMO's STTM functions

              Subdivision 2 - Short term trading markets

   91BRC.  Market participation
   91BRD.  Registration required for market participation
   91BRE.  Certificates of registration etc
   91BRF.  Title to gas
   91BRG.  Gas supplied to STTM hub must meet quality specifications specified in the Rules

              Subdivision 3 - STTM Procedures

   91BRH.  STTM Procedures
   91BRI.  Nature of STTM Procedures
   91BRJ.  Compliance with STTM Procedures

           Division 2B - Gas trading exchanges

   91BRK.  AEMO's gas trading exchange functions
   91BRL.  Gas trading exchange not to constitute a regulated gas market

           Division 2C - Capacity auctions for transportation services

   91BRM.  AEMO's capacity auction functions
   91BRN.  Capacity auctions not to constitute a regulated gas market

           Division 2D - Capacity Transfer and Auction Procedures

   91BRO.  Making of Capacity Transfer and Auction Procedures
   91BRP.  Nature of Capacity Transfer and Auction Procedures
   91BRQ.  Compliance with Capacity Transfer and Auction Procedures

           Division 2E - Registration in relation to transportation facility

   91BRR.  Registration obligation
   91BRS.  Exemptions from obligation to register
   91BRT.  Certificates of registration and exemption from registration

           Division 3 - Information etc to be provided to Ministers

   91C.    Ministerial request
   91CA.   Compliance with request
   91CB.   Quarterly report

           Division 4 - Gas statement of opportunities

   91D.    Object and content of gas statement of opportunities
   91DA.   AEMO's obligation in regard to gas statement of opportunities

           Division 5 - Fees and charges

   91E.    AEMO fees and charges

           Division 6 - Information gathering

              Subdivision 1 - Market information orders and market information notices

   91F.    Information gathering powers
   91FA.   Making and publication of general market information order
   91FB.   Service of market information notice
   91FC.   Compliance with market information instrument
   91FD.   Use of information
   91FE.   Providing false or misleading information

              Subdivision 2 - STTM information

   91FEA.  Obligation to give information to AEMO
   91FEB.  Person cannot rely on duty of confidence to avoid compliance with obligation
   91FEC.  Giving to AEMO false and misleading information
   91FED.  Immunity of persons giving information to AEMO

              Subdivision 3 - Capacity auction information

   91FEE.  Obligation to give information to AEMO
   91FEF.  Person cannot rely on duty of confidence to avoid compliance with obligation
   91FEG.  Giving to AEMO false and misleading information
   91FEH.  Immunity of persons giving information to AEMO

              Subdivision 4 - Information used for a capacity auction

   91FEI.  Giving false and misleading information used for capacity auctions

           Division 7 - Protected information

              Subdivision 1 - AEMO's obligation to protect information

   91G.    Protected information

              Subdivision 2 - Disclosure of protected information held by AEMO

   91GA.   Authorised disclosure of protected information
   91GB.   Disclosure with prior written consent
   91GC.   Disclosure required or permitted by law etc
   91GD.   Disclosure for purposes of court and tribunal proceedings
   91GE.   Disclosure of document with omission of protected information
   91GF.   Disclosure of non-identifying information
   91GFA.  Disclosure of information in an aggregated form
   91GG.   Disclosure of protected information for safety, proper operation of the market etc
   91GH.   Disclosure of protected information authorised if detriment does not outweigh public benefit

           Division 8 - Obligation to make payments

   91H.    Obligations under Rules or Procedures to make payments

           Division 9 - AEMO's statutory funds

   91J.    Definitions
   91JA.   AEMO's Rule funds
   91JB.   Payments into and out of Rule funds
   91JC.   Investment

           Division 10 - Immunity

   91K.    Immunity from liability
   91KA.   Supply interruption or disconnection in compliance with AEMO's direction
   91KB.   Immunity in relation to use of computer software
   91KC.   Immunity from liability--dispute resolution

           Division 11 - Other matters

   91KD.   Disclosure of information for purpose of market trials

   PART 7 - REGULATION OF RETAIL GAS MARKETS

           Division 1 - Registration

   91L.    Retail gas markets
   91LA.   Retail market participation
   91LB.   Registration required for market participation
   91LC.   Certificates of registration etc

           Division 2 - Retail Market Procedures

   91M.    Retail Market Procedures
   91MA.   Nature of Retail Market Procedures
   91MB.   Compliance with Retail Market Procedures

CHAPTER 3 - COVERAGE AND CLASSIFICATION OF PIPELINES

   PART 1 - COVERAGE OF PIPELINES

           Division 1 - Coverage determinations

   92.     Application for recommendation that a pipeline be a covered pipeline
   93.     Application to be dealt with in accordance with the Rules
   94.     NCC may defer consideration of application in certain cases
   95.     NCC coverage recommendation
   96.     NCC must not make coverage recommendation if tender approval decision becomes irrevocable
   97.     Principles governing the making of a coverage recommendation
   98.     Initial classification decision to be made as part of recommendation
   99.     Relevant Minister's determination on application
   100.    Principles governing the making of a coverage determination or decision not to do so
   101.    Operation and effect of coverage determination

           Division 2 - Coverage revocation determinations

   102.    Application for a determination that a pipeline no longer be a covered pipeline
   103.    Application to be dealt with in accordance with the Rules
   104.    NCC coverage revocation recommendation
   105.    Principles governing the making of a coverage revocation recommendation
   106.    Relevant Minister's determination on application
   107.    Principles governing the making of a coverage revocation determination or decision not to do so
   108.    Operation and effect of coverage revocation determination

   PART 2 - LIGHT REGULATION OF COVERED PIPELINE SERVICES

           Division 1 - Making of light regulation determinations

              Subdivision 1 - Decisions when pipeline is not a covered pipeline

   109.    Application of Subdivision
   110.    NCC's decision on light regulation of pipeline services

              Subdivision 2 - Decisions when pipeline is a covered pipeline

   111.    Application of Subdivision
   112.    Application
   113.    Application to be dealt with in accordance with the Rules
   114.    NCC's decision on light regulation of pipeline services

              Subdivision 3 - Operation and effect of light regulation determinations

   115.    When light regulation determinations take effect
   116.    Submission of limited access arrangement for light regulation services

           Division 2 - Revocation of light regulation determinations

              Subdivision 1 - On advice from service providers

   117.    Advice by service provider that light regulation services should cease to be light regulation services

              Subdivision 2 - On application by persons other than service providers

   118.    Application (other than by service provider) for revocation of light regulation determinations
   119.    Decisions on applications made around time of applications for coverage revocation determinations
   120.    NCC decision on application where no application for a coverage revocation recommendation
   121.    Operation and effect of decision of NCC under this Division

           Division 3 - Principles governing light regulation determinations

   122.    Principles governing the making or revoking of light regulation determinations

           Division 4 - Revocation if coverage determination not made

   123.    Light regulation determination revoked if coverage determination not made

           Division 5 - Effect of pipeline ceasing to be covered pipeline

   124.    Light regulation services cease to be such services on cessation of coverage of pipeline

           Division 6 - AER reviews into designated pipelines

   125.    AER reviews

   PART 3 - COVERAGE OF PIPELINES THE SUBJECT OF TENDER PROCESS

   126.    Tender approval pipelines deemed to be covered pipelines

   PART 4 - COVERAGE FOLLOWING APPROVAL OF VOLUNTARY ACCESS ARRANGEMENT

   127.    Certain pipelines become covered pipelines on approval of voluntary access arrangement

   PART 5 - RECLASSIFICATION OF PIPELINES

   128.    Service provider may apply for reclassification of pipeline
   129.    Reclassification decision
   130.    Effect of reclassification decision

CHAPTER 4 - GENERAL REQUIREMENTS FOR PROVISION OF COVERED PIPELINE SERVICES

   PART 1 - GENERAL DUTIES FOR PROVISION OF PIPELINE SERVICES BY COVERED PIPELINES

   131.    Service provider must be legal entity of a specified kind to provide pipeline services by covered pipeline
   132.    Submission of full access arrangement or revisions to applicable full access arrangements
   133.    Preventing or hindering access
   134.    Supply and haulage of natural gas
   135.    Covered pipeline service provider must comply with queuing requirements
   136.    Covered pipeline service provider providing light regulation services must not price discriminate

   PART 2 - STRUCTURAL AND OPERATIONAL SEPARATION REQUIREMENTS (RING FENCING)

           Division 1 - Interpretation

   137.    Definitions
   138.    Meaning of marketing staff

           Division 2 - Minimum ring fencing requirements

   139.    Carrying on of related businesses prohibited
   140.    Marketing staff and the taking part in related businesses
   141.    Accounts that must be prepared, maintained and kept

           Division 3 - Additional ring fencing requirements

   142.    Division does not limit operation of Division 2
   143.    AER ring fencing determinations
   144.    AER to have regard to likely compliance costs of additional ring fencing requirements
   145.    Types of ring fencing requirements that may be specified in an AER ring fencing determination

           Division 4 - AER ring fencing exemptions

   146.    Exemptions from minimum ring fencing requirements

           Division 5 - Associate contracts

   147.    Service provider must not enter into or give effect to associate contracts that have anti-competitive effect
   148.    Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule

CHAPTER 5 - GREENFIELDS PIPELINE INCENTIVES

   PART 1 - INTERPRETATION

   149.    Definitions
   150.    International pipeline to be a transmission pipeline for purposes of Chapter

   PART 2 - 15-YEAR NO-COVERAGE DETERMINATIONS

   151.    Application for 15-year no-coverage determination for proposed pipeline
   152.    Application to be dealt with in accordance with the Rules
   153.    No-coverage recommendation
   154.    Principles governing the making of a no-coverage recommendation
   155.    Initial classification decision to be made as part of recommendation
   156.    Relevant Minister's determination on application
   157.    Principles governing the making of a 15-year no-coverage determination or decision not to do so
   158.    Effect of 15-year no-coverage determination
   159.    Consequences of Minister deciding against making 15-year no-coverage determination for international pipeline

   PART 3 - PRICE REGULATION EXEMPTIONS

           Division 1 - Application for price regulation exemption

   160.    Application for price regulation exemption

           Division 2 - Recommendations by NCC

   161.    Application to be dealt with in accordance with the Rules
   162.    NCC's recommendation
   163.    General principle governing NCC's recommendation

           Division 3 - Making and effect of price regulation exemption

   164.    Making of price regulation exemption
   165.    Principles governing the making of a price regulation exemption
   166.    Conditions applying to a price regulation exemption
   167.    Effect of price regulation exemption

           Division 4 - Limited access arrangements

   168.    Limited access arrangements for pipeline services provided by international pipeline to which a price regulation exemption applies

           Division 5 - Other matters

   169.    Other obligations to which service provider is subject
   170.    Service provider must not price discriminate in providing international pipeline services

   PART 4 - EXTENDED OR MODIFIED APPLICATION OF GREENFIELDS PIPELINE INCENTIVE

   171.    Requirement for conformity between pipeline description and pipeline as constructed
   172.    Power of relevant Minister to amend pipeline description

   PART 5 - EARLY TERMINATION OF GREENFIELDS PIPELINE INCENTIVE

   173.    Greenfields pipeline incentive may lapse
   174.    Revocation by consent
   175.    Revocation for misrepresentation
   176.    Revocation for breach of condition to which a price regulation exemption is subject
   177.    Exhaustive provision for termination of greenfields pipeline incentive

CHAPTER 6 - ACCESS DISPUTES--SCHEME PIPELINES

   PART 1 - INTERPRETATION AND APPLICATION

   178.    Definitions
   178A.   Application of this Chapter to disputes arising under the Rules
   179.    Chapter does not limit how disputes about access may be raised or dealt with
   180.    No price or revenue regulation for access disputes relating to international pipeline services

   PART 2 - NOTIFICATION OF ACCESS DISPUTE

   181.    Notification of access dispute
   182.    Withdrawal of notification
   183.    Parties to an access dispute

   PART 3 - ACCESS DETERMINATIONS

   184.    Determination of access dispute
   185.    Dispute resolution body may require parties to mediate, conciliate or engage in an alternative dispute resolution process
   186.    Dispute resolution body may terminate access dispute in certain cases
   187.    No access determination if dispute resolution body considers there is genuine competition
   188.    Restrictions on access determinations
   189.    Access determination must give effect to applicable access arrangement
   190.    Access determinations and past contributions of capital to fund installations or the construction of new facilities
   191.    Rules may allow determination that varies applicable access arrangement for installation of a new facility
   192.    Access determinations need not require the provision of a pipeline service
   193.    Content of access determinations

   PART 4 - VARIATION OF ACCESS DETERMINATIONS

   194.    Variation of access determination

   PART 5 - COMPLIANCE WITH ACCESS DETERMINATIONS

   195.    Compliance with access determination

   PART 6 - ACCESS DISPUTE HEARING PROCEDURE

   196.    Hearing to be in private
   197.    Right to representation
   198.    Procedure of dispute resolution body
   199.    Particular powers of dispute resolution body in a hearing
   200.    Disclosure of information
   201.    Power to take evidence on oath or affirmation
   202.    Failing to attend as a witness
   203.    Failing to answer questions etc
   204.    Intimidation etc
   205.    Party may request dispute resolution body to treat material as confidential
   206.    Costs
   207.    Outstanding costs are a debt due to party awarded the costs

   PART 7 - JOINT ACCESS DISPUTE HEARINGS

   208.    Definition
   209.    Joint dispute hearing
   210.    Consulting the parties
   211.    Constitution and procedure of dispute resolution body for joint dispute hearings
   212.    Record of proceedings etc

   PART 8 - MISCELLANEOUS MATTERS

   213.    Correction of access determinations for clerical mistakes etc
   214.    Reservation of capacity during an access dispute
   215.    Subsequent service providers bound by access determinations
   216.    Regulations about the costs to be paid by parties to access dispute

CHAPTER 6A - ACCESS DISPUTES--NON-SCHEME PIPELINES

   PART 1 - INTERPRETATION AND APPLICATION

   216A.   Definitions
   216B.   Meaning of prospective user
   216C.   Application of Chapter
   216D.   Application of this Chapter to disputes arising under Rules
   216E.   Chapter does not limit how disputes about access may be raised or dealt with

   PART 2 - NEGOTIATION OF ACCESS

   216F.   Access proposals
   216G.   Duty to negotiate in good faith
   216H.   Notification of access dispute
   216I.   Parties to an access dispute

   PART 3 - REFERENCE OF DISPUTE TO ARBITRATION

   216J.   Reference of dispute
   216K.   Selection of arbitrator
   216L.   Determination of access dispute
   216M.   Principles to be taken into account
   216N.   Restrictions on access determinations
   216O.   Arbitrator's power to terminate arbitration
   216P.   Access seeker's right to terminate arbitration

   PART 4 - COMPLIANCE WITH ACCESS DETERMINATIONS

   216Q.   Compliance with access determinations

   PART 5 - VARIATION OF ACCESS DETERMINATIONS

   216R.   Variation of access determinations

   PART 6 - HEARING PROCEDURES

   216S.   Hearing procedures

   PART 7 - MISCELLANEOUS MATTERS

   216T.   Correction of access determinations for clerical mistakes etc
   216U.   Reservation of capacity during an access dispute
   216V.   Costs of arbitration

CHAPTER 7 - THE NATURAL GAS SERVICES BULLETIN BOARD

   PART 1 - AEMO TO BE BULLETIN BOARD OPERATOR

   217.    AEMO to be Bulletin Board operator
   218.    AEMO's obligation to maintain Bulletin Board
   219.    AEMO's other functions as operator of Natural Gas Services Bulletin Board
   222.    Fees for services provided

   PART 2 - BULLETIN BOARD INFORMATION

   223.    Obligation to give information to AEMO about natural gas and natural gas services
   223A.   Obligation to give information to AEMO about secondary capacity transactions
   224.    Person cannot rely on duty of confidence to avoid compliance with obligation
   225.    Giving AEMO false and misleading information
   226.    Immunity of persons giving information to AEMO

   PART 3 - BB PROCEDURES

   227.    BB Procedures
   228.    Nature of BB Procedures
   228A.   Compliance with BB Procedures

CHAPTER 7A - ACCESS TO OPERATIONAL TRANSPORTATION SERVICES

   PART 1 - STANDARD TERMS FOR OPERATIONAL TRANSPORTATION SERVICES

   228B.   Transportation service provider to publish standard OTSA
   228C.   Formation of contracts on standard terms
   228D.   Exemptions from obligations under section 228B or 228C
   228E.   Requirements relating to standard OTSA
   228F.   Service provider may enter into agreements different from a standard OTSA

   PART 2 - OPERATIONAL TRANSPORTATION SERVICE CODE

   228G.   Operational Transportation Service Code
   228H.   Nature of the Operational Transportation Service Code

   PART 3 - OTHER MATTERS RELATING TO ACCESS TO OPERATIONAL TRANSPORTATION SERVICES

   228I.   Service requirements may be specified in the Rules
   228J.   When operational transfer must be offered
   228K.   Preventing or hindering access to operational transportation services
   228L.   Transportation service provider providing operational transportation services must not price discriminate

CHAPTER 8 - PROCEEDINGS UNDER THE NATIONAL GAS LAW

   PART 1 - PROCEEDINGS GENERALLY

   229.    Instituting civil proceedings under this Law
   230.    Time limits within which proceedings may be instituted

   PART 1A - ENFORCEABLE UNDERTAKINGS

   230A.   Enforceable undertakings

   PART 2 - PROCEEDINGS FOR BREACHES OF THIS LAW, REGULATIONS, THE RULES OR THE PROCEDURES

   231.    AER proceedings for breaches of this Law, Regulations or the Rules that are not offences
   232.    Proceedings for declaration that a person is in breach of a conduct provision
   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

   234.    Matters for which there must be regard in determining amount of civil penalty
   235.    Breach of a civil penalty provision is not an offence
   236.    Breaches of civil penalty provisions involving continuing failure
   237.    Conduct in breach of more than 1 civil penalty provision
   238.    Persons involved in breach of civil penalty provision or conduct provision
   239.    Attempt to breach a civil penalty provision
   240.    Civil penalties payable to the Commonwealth

   PART 4 - JUDICIAL REVIEW OF DECISIONS UNDER THIS LAW, THE REGULATIONS AND THE RULES

   241.    Definition
   242.    Applications for judicial review of decisions of the AEMC
   243.    Applications for judicial review of AEMO's decisions

   PART 5 - MERITS REVIEW AND OTHER NON-JUDICIAL REVIEW

           Division 1 - Interpretation

   244.    Definitions

           Division 2 - Merits review for reviewable regulatory decisions

   245.    Applications for review
   246.    Grounds for review
   247.    By when an application must be made
   248.    Tribunal must not grant leave unless serious issue to be heard and determined etc
   249.    Leave must be refused if application is about an error relating to revenue amounts below specified threshold
   250.    Tribunal must refuse to grant leave if submission not made or is made late
   251.    Tribunal may refuse to grant leave to service provider in certain cases
   252.    Effect of application on operation of reviewable regulatory decisions
   253.    Intervention by others in a review without leave
   254.    Leave for reviewable regulatory decision process participants
   255.    Leave for user or consumer intervener
   256.    Interveners may raise new grounds for review
   257.    Parties to a review under this Division
   258.    Matters that parties to a review may and may not raise in a review
   258A.   Matters that may and may not be raised in a review (designated reviewable regulatory decisions)
   259.    Tribunal must make determination
   260.    Target time limit for Tribunal for making a determination under this Division
   261.    Matters to be considered by Tribunal in making determination
   262.    Assistance from NCC in certain cases

           Division 3 - Tribunal review of information disclosure decisions

   263.    Application for review
   264.    Exclusion of public in certain cases
   265.    Determination in the review
   266.    Tribunal must be taken to have affirmed decision if decision not made within time
   267.    Assistance from AER or AEMO

           Division 4 - General

   268.    Costs in a review
   269.    Amount of costs
   269A.   Costs not to be passed on
   270.    Review of Part

   PART 5A - DISPUTE RESOLUTION UNDER THE RULES

   270A.   Interpretation
   270B.   Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels
   270C.   Appeals on questions of law from decisions or determinations of Dispute resolution panels

   PART 6 - ENFORCEMENT OF ACCESS DETERMINATIONS

   271.    Enforcement of access determinations
   272.    Consent injunctions
   273.    Interim injunctions
   274.    Factors relevant to granting a restraining injunction
   275.    Factors relevant to granting a mandatory injunction
   276.    Discharge or variation of injunction or other order

   PART 7 - INFRINGEMENT NOTICES

   277.    Power to serve notice
   278.    Form of notice
   279.    Infringement penalty
   280.    AER cannot institute proceedings while infringement notice on foot
   281.    Late payment of penalty
   282.    Withdrawal of notice
   283.    Refund of infringement penalty
   284.    Payment expiates breach of civil penalty provision
   285.    Payment not to have certain consequences
   286.    Conduct in breach of more than 1 civil penalty provision

   PART 8 - FURTHER PROVISION FOR CORPORATE LIABILITY FOR BREACHES OF THIS LAW ETC

   287.    Definition
   288.    Offences and breaches by corporations
   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

   290.    Definitions

           Division 2 - Rule making tests

   291.    Application of national gas objective
   292.    AEMC must take into account form of regulation factors in certain cases
   293.    AEMC must take into account revenue and pricing principles in certain cases

   PART 2 - MINISTER INITIATED NATIONAL GAS RULES

           Division 1 - Initial Rules made by Minister

   294.    South Australian Minister to make initial National Gas Rules
   294A.   South Australian Minister to make initial Rules and Procedures related to AEMO's functions under this Law
   294B.   South Australian Minister to make initial Rules related to AEMO's declared STTM functions
   294C.   South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR
   294CA.  South Australian Minister may make consequential Rules relating to rate of return instrument
   294D.   South Australian Minister to make initial Rules relating to AEMO's gas trading exchange functions
   294DA.  South Australian Minister to make initial Rules relating to the capacity reforms
   294E.   South Australian Minister to make initial Rules relating to Energy Consumers Australia
   294F.   South Australian Minister to make initial Rules relating to access to non-scheme pipelines

           Division 2 - Rules made by Minister from time to time

   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

   295.    Initiation of making of a Rule
   296.    AEMC may make more preferable Rule in certain cases
   297.    AEMC may make Rules that are consequential to a Rule request
   298.    Content of requests for a Rule
   299.    Waiver of fee for Rule requests
   300.    Consolidation of 2 or more Rule requests
   301.    Initial consideration of request for Rule
   302.    AEMC may request further information from Rule proponent in certain cases
   303.    Notice of proposed Rule
   304.    Publication of non-controversial or urgent final Rule determination
   305.    "Fast track" Rules where previous public consultation by gas market regulatory body or an AEMC review
   306.    Right to make written submissions and comments
   307.    AEMC may hold public hearings before draft Rule determination
   308.    Draft Rule determination
   309.    Right to make written submissions and comments in relation to draft Rule determination
   310.    Pre-final Rule determination hearing may be held
   311.    Final Rule determination
   312.    Proposal to make more preferable Rule
   313.    Making of Rule
   314.    Operation and commencement of Rule
   315.    Rule that is made to be published on website and made available to the public
   316.    Evidence of the National Gas Rules

   PART 4 - MISCELLANEOUS PROVISIONS RELATING TO RULE MAKING BY THE AEMC

   317.    Extension of periods of time in Rule making procedure
   318.    AEMC may extend period of time for making of final Rule determination for further consultation
   319.    AEMC may publish written submissions and comments unless confidential
   320.    AEMC must publicly report on Rules not made within 12 months of public notification of requests
   320A.   Subsequent rule making by AEMC

CHAPTER 10 - GENERAL

   PART 1 - PROVISIONS RELATING TO APPLICABLE ACCESS ARRANGEMENTS

   321.    Protection of certain pre-existing contractual rights
   322.    Service provider may enter into agreement for access different from applicable access arrangement
   323.    Applicable access arrangements continue to apply regardless of who provides pipeline service

   PART 2 - HANDLING OF CONFIDENTIAL INFORMATION

           Division 1 - Disclosure of confidential information held by AER

   324.    Authorised disclosure of information given to the AER in confidence
   325.    Disclosure with prior written consent is authorised
   326.    Disclosure for purposes of court and tribunal proceedings and to accord natural justice
   326A.   Disclosure of information to Energy Security Board
   327.    Disclosure of information given to the AER with confidential information omitted
   328.    Disclosure of information given in confidence does not identify anyone
   328A.   Disclosure of information that has entered the public domain
   328B.   Disclosure of information in an aggregated form
   329.    Disclosure of information authorised if detriment does not outweigh public benefit

           Division 2 - Disclosure of confidential information held by relevant Ministers, NCC and AEMC

   330.    Definitions
   331.    Confidentiality of information received for scheme procedure purpose and for making of scheme decision

   PART 3 - MISCELLANEOUS

   332.    Failure to make a decision under this Law or the Rules within time does not invalidate the decision
   333.    Withdrawal of applications relating to coverage or reclassification
   334.    Notification of Ministers of participating jurisdictions of receipt of application
   335.    Relevant Minister may request NCC to give information or assistance
   336.    Savings and transitionals
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3