National Gas (Victoria) Act · PDF file · 2014-05-02National Gas (Victoria) Act 2008 . No. 30 of 2008 . ... 35 Consolidated access arrangements not permitted in respect of ... 45

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Version No. 006

National Gas (Victoria) Act 2008 No. 30 of 2008

Version incorporating amendments as at 1 July 2012

TABLE OF PROVISIONS Section Page

PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 1 3 Definitions 1 4 Crown to be bound 2 5 Application to coastal waters 3 6 Extra-territorial operation 3

PART 2—NATIONAL GAS (VICTORIA) LAW AND NATIONAL GAS (VICTORIA) REGULATIONS 4

7 Application of National Gas Law 4 8 Application of Regulations under National Gas Law 4 9 Interpretation of some expressions in National Gas (Victoria)

Law and National Gas (Victoria) Regulations 4 9A Designated pipelines 5

PART 3—CROSS VESTING OF POWERS 7 10 Conferral of powers on Commonwealth Minister and

Commonwealth bodies to act in this State 7 11 Conferral of powers on Ministers of participating States and

Territories to act in this State 7 12 Conferral of functions or powers on State Minister 7

PART 4—GENERAL 9 13 Exemption from taxes 9 14 Actions in relation to cross boundary pipelines 10 15 Conferral of functions and powers on Commonwealth bodies 11 16 Supreme Court—limitation of jurisdiction 11 16A Regulations 12

Section Page

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PART 5—SPECIFIC VICTORIAN TRANSITIONAL ARRANGEMENTS 13 Division 1—Interpretation 13

17 Definitions 13 18 Meaning of gas distribution system regulatory duty 17 19 Meaning of gas distribution system regulatory function or

power 17 20 Specification of Gas Distribution System Code provisions

by Minister 18 21 Role of Interpretation of Legislation Act 1984 18

Division 2—Current and pending Victorian gas distribution system access arrangement revisions 19

22 Transitional clauses in NGL relating to distribution pipeline services access arrangements do not apply 19

23 Gas distribution access arrangements under review 20 24 Gas distribution access arrangement revision decisions under

review 20 25 Revised gas distribution access arrangements become full

access arrangements under NGL 21 26 Certain provisions of the Access Code to continue to apply

to revised gas distribution access arrangement 22 27 Certain decisions relating to certain access arrangements are

reviewable regulatory decisions for purposes of National Gas (Victoria) Law 23

Division 3—AER functions, powers and duties under State instruments 24

28 Certain ESC functions, powers and duties conferred and imposed on the AER 24

29 ESC ceases to have distribution pipeline services related regulatory functions, powers and duties 26

30 Enforcement by AER of certain provisions of Victorian distribution licences 27

31 ESC cannot enforce certain gas distribution licence conditions that the AER can enforce 28

32 AER may request amendment of Gas Distribution System Code or ESC Guideline No. 17 29

33 Appeals against certain decisions or actions of the AER 29 34 Provision of information and assistance by ESC to the AER 31

Division 4—Miscellaneous matters 32 35 Consolidated access arrangements not permitted in respect of

2 or more covered distribution pipelines 32 36 GPAL obligation comply with published general accounting

guidelines continues 32

Section Page

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37 ESC Guideline No. 17 becomes a regulatory information order after specified day 33

38 Matters to be taken into account when AER makes or prepares regulatory information instruments 35

PART 6—DECLARED SYSTEMS AND REGULATED GAS MARKETS 36 Division 1—Ministerial declarations 36

39 Declared distribution systems and declared transmission systems 36

40 Declared host retailer 36 41 Declared LNG storage providers and agreements 36 42 Declared metering requirement 37 43 Declared wholesale gas market 37

Division 2—AEMO's declared system functions 37 44 Application of AEMO's declared system functions 37 45 Certain defined terms for the purposes of the National Gas

(Victoria) Law 38 Division 3—Regulatory arrangements 39

46 Definitions 39 47 Declaration of current operating agreements 40 48 Ministerial specification of ESC code or guidelines or

provisions under ESC codes or guidelines 40 49 Current operating agreement 41 50 Current service envelope agreement 41 51 Specified code or guidelines and specified VENCorp

provisions 41 Division 4—Gas emergencies 42

52 Definitions 42 53 Gas emergency protocol 42 54 Ministerial directions 44 55 Registered participants must comply with gas emergency

protocol 44 56 Gas emergency protocol—transitional provision 44

Division 5—Other matters 45 57 Notice of change to declared LNG storage provider or

declared LNG supplier 45 58 MSO Rules procedures and guidelines—transitional provision 46

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Section Page

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ENDNOTES 49 1. General Information 49 2. Table of Amendments 50 3. Explanatory Details 51

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Version No. 006


Version incorporating amendments as at 1 July 2012

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose The main purpose of this Act is to provide for the establishment of a national framework to enable third parties to gain access to certain natural gas pipeline services.

2 Commencement This Act comes into operation on a day or days to be proclaimed.

3 Definitions (1) In this Act—

AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);

Energy Safe Victoria means Energy Safe Victoria established under section 4 of the Energy Safe Victoria Act 2005;

Essential Services Commission or ESC means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001;

S. 3(1) def. of AEMO inserted by No. 23/2009 s. 16.

S. 3(1) def. of Energy Safe Victoria inserted by No. 23/2009 s. 16.

S. 3(1) def. of Essential Services Commission or ESC inserted by No. 23/2009 s. 16.

Part 1—Preliminary


2

MSO Rules means the rules made on 2 February 1999 under section 48N of the Gas Industry Act 1994 (and continued in effect under clause 17 of Schedule 5 to the Gas Industry (Residual Provisions) Act 1994), as in force immediately before the transition day;

National Gas (Victoria) Law means the provisions applying because of section 7;

National Gas (Victoria) Regulations means the provisions applying because of section 8;

South Australian Act means the National Gas (South Australia) Act 2008 of South Australia;

transition day means the day on which section 34 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 comes into operation.

(2) Words and expressions used in the National Gas (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.

(3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.

4 Crown to be bound This Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations bind the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

S. 3(1) def. of MSO Rules inserted by No. 23/2009 s. 16.

S. 3(1) def. of South Australian Act amended by No. 43/2012 s. 3(Sch. item 33).

S. 3(1) def. of transition day inserted by No. 23/2009 s. 16.

s. 4

Part 1—Preliminary


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5 Application to coastal waters (1) This Act, the National Gas (Victoria) Law and the

National Gas (Victoria) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.

(2) In this section—

adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (Victoria) Law (as defined by section 9(1) of this Act);

coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.

6 Extra-territorial operation It is the intention of the Parliament that this Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations should, so far as possible, operate to the full extent of the extra-territorial legislative power of the State.

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s. 5

Part 2—National Gas (Victoria) Law and National Gas (Victoria) Regulations


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PART 2—NATIONAL GAS (VICTORIA) LAW AND NATIONAL GAS (VICTORIA) REGULATIONS

7 Application of National Gas Law The National Gas Law set out in the Schedule to the South Australian Act, as in force for the time being—

(a) applies as a law of Victoria; and

(b) as so applying may be referred to as the National Gas (Victoria) Law.

8 Application of Regulations under National Gas Law The Regulations in force for the time being under Part 3 of the South Australian Act—

(a) apply as regulations in force for the purposes of the National Gas (Victoria) Law; and

(b) as so applying may be referred to as the National Gas (Victoria) Regulations.

9 Interpretation of some expressions in National Gas (Victoria) Law and National Gas (Victoria) Regulations

(1) In the National Gas (Victoria) Law and the National Gas (Victoria) Regulations—

adjacent area of another participating jurisdiction means the offshore area of a State (other than this State) or the Northern Territory within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

s. 7

S. 9(1) def. of adjacent area of another participating jurisdiction substituted by No. 30/2008 s. 40, amended by No. 10/2010 s. 800(Sch. 6 item 8(a)).



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adjacent area of this jurisdiction means the offshore area of the State within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

Court means the Supreme Court of Victoria;

designated Minister means the Commonwealth Minister;

Legislature of this jurisdiction means the Parliament of Victoria;

National Gas Law or this Law means the National Gas (Victoria) Law;

this jurisdiction means the State of Victoria.

(2) The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—

(a) the National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Victoria; or

(b) the regulations in force for the time being under Part 3 of the South Australian Act in their application as Regulations in force for the purposes of the National Gas (Victoria) Law.

9A Designated pipelines (1) In the National Gas (Victoria) Law, and any Rules

made for the purposes of that Law, designated pipeline means a pipeline designated by Order under subsection (2) to be a designated pipeline.

(2) The Minister, by Order published in the Government Gazette, may designate a pipeline or a part of a pipeline to be a designated pipeline.

S. 9(1) def. of adjacent area of this jurisdiction substituted by No. 30/2008 s. 40, amended by No. 10/2010 s. 800(Sch. 6 item 8(b)).

s. 9A

S. 9A inserted by No. 23/2009 s. 17.



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(3) Once the Minister has made an Order designating a pipeline or a part of a pipeline to be a designated pipeline, the Minister cannot make another Order that designates any other pipeline or a part of a pipeline to be a designated pipeline.

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s. 9A

Part 3—Cross Vesting of Powers


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PART 3—CROSS VESTING OF POWERS

10 Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State

(1) The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.


Commonwealth bodies means any of the following—

(a) AER; and

(b) NCC; and

(c) the Tribunal.

11 Conferral of powers on Ministers of participating States and Territories to act in this State

The Minister of a participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.

12 Conferral of functions or powers on State Minister If the national gas legislation of another participating jurisdiction confers a function or power on the Minister, the Minister—

(a) may perform that function or exercise that power; and

s. 10

Part 3—Cross Vesting of Powers


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(b) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.

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s. 12

Part 4—General


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PART 4—GENERAL

13 Exemption from taxes (1) Any duty or other tax imposed by or under a law

of this State is not payable in relation to—

(a) an exempt matter; or

(b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.


exempt matter means a transfer of assets or liabilities—

(a) that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of the national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and

(b) that the Minister and the Treasurer declare from time to time by notice published in the Government Gazette to be an exempt matter for the purposes of this section.

s. 13

Part 4—General


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14 Actions in relation to cross boundary pipelines (1) If a pipeline is a cross boundary pipeline, any

action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated—

(a) by, or in relation to, a relevant Minister; or

(b) by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister—

is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (that other legislation)—

(c) by, or in relation to, a relevant Minister within the meaning of that other legislation; or

(d) by the Court within the meaning of that other legislation—

as the case requires.

(2) Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.

s. 14

Part 4—General


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(3) A reference in this section—

(a) to an action that is taken includes a reference to—

(i) a decision or determination that is made; or

(ii) an omission that is made;

(b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.


cross boundary pipeline means—

(a) a cross boundary transmission pipeline; or

(b) a cross boundary distribution pipeline.

15 Conferral of functions and powers on Commonwealth bodies

(1) Clause 2 of Schedule 2 to the National Gas (Victoria) Law will have effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Gas (Victoria) Regulations, as if the provision or regulation formed part of the National Gas (Victoria) Law.

(2) Subsection (1) does not limit the effect that a provision or Regulation would validly have apart from the subsection.

16 Supreme Court—limitation of jurisdiction It is the intention of section 14(2) to alter or vary section 85 of the Constitution Act 1975.

s. 15

Part 4—General


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16A Regulations The Governor in Council may make regulations for or with respect to prescribing a provision of the declared system provisions to be—

(a) a civil penalty provision; or

(b) a conduct provision. Note

The terms declared system provisions, civil penalty provision and conduct provision are defined in the National Gas (Victoria) Law.

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S. 16A inserted by No. 23/2009 s. 18.

s. 16A

Part 5—Specific Victorian Transitional Arrangements


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PART 5—SPECIFIC VICTORIAN TRANSITIONAL ARRANGEMENTS

Division 1—Interpretation 17 Definitions

In this Part—

Access Code means the Code within the meaning of the Gas Pipelines Access (Victoria) Law;

AER approved full access arrangement means a full access arrangement approved by the AER under the Rules;

designated distribution pipeline means a designated pipeline that is a distribution pipeline; Note

The National Gas (Victoria) Regulations prescribe which pipelines in Victoria are designated pipelines.

distribution licence means a licence issued under section 26 of the Gas Industry Act 2001 that authorises the holder of the licence to provide distribution pipeline services;

distribution pipeline service means a service (other than the sale of gas by retail) provided by means of a GIA distribution pipeline;

ESC guideline No. 17 means the document entitled "Gas Industry Guideline No. 17 Regulatory Accounting Information Requirements" published on 13 July 2005 by the ESC as that guideline is amended and in force from time to time;

s. 17



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* * * * *

gas distribution access arrangement revision decision means a final decision of the relevant Regulator under section 2.41 or 2.42 of the Access Code;

gas distribution access arrangement under review means an access arrangement that relates to the provision of pipeline services provided by a relevant Victorian service provider by means of an old access law distribution pipeline—

(a) in relation to which a review has been commenced under section 2 of the Access Code before the NGL commencement day; and

(b) in respect of which a gas distribution access arrangement revision decision has not been made before that day;

gas distribution company has the same meaning as in the Gas Industry Act 2001;

Gas Distribution System Code means the document entitled "Gas Distribution System Code", version 8.1, published by the ESC on 28 March 2007, as that Code is amended and in force from time to time;

gas distribution system regulatory duty has the meaning given by section 18;

gas distribution system regulatory function or power has the meaning given by section 19;

S. 17 def. of Essential Services Commission or ESC repealed by No. 23/2009 s. 19.

s. 17



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Gas Pipelines Access (Victoria) Law means the Gas Pipelines Access (Victoria) Law as in force immediately before the NGL commencement day;

GIA distribution pipeline means a distribution pipeline within the meaning of the Gas Industry Act 2001;

NGL commencement day means the day on which section 39 comes into operation;

old access law distribution pipeline means a distribution pipeline within the meaning of the Gas Pipelines Access (Victoria) Law;

relevant appeals body has the same meaning as in the Gas Pipelines Access (Victoria) Law;

relevant gas distribution system law or instrument means—

(a) the Essential Services Commission Act 2001 (to the extent to which that Act relates to the economic regulation of distribution pipeline services provided by a gas distribution company); or

(b) the Gas Industry Act 2001 (to the extent to which that Act relates to the economic regulation of distribution pipeline services provided by a gas distribution company); or

(c) a specified Gas Distribution System Code provision; or

(d) until the specified day, ESC guideline No. 17; or

(e) the Wimmera and Colac Tariff Order;

s. 17



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relevant Regulator has the same meaning as in the Gas Pipelines Access (Victoria) Law; Note

Under the Gas Pipelines Access (Victoria) Law, the Essential Services Commission, as the local Regulator, was the relevant Regulator in relation to distribution pipelines situated wholly within Victoria or most closely connected with Victoria.

relevant Victorian service provider means—

(a) the entity or entities that trade either together or separately as "SP AusNet" including but not limited to SPI Networks (Gas) Pty Ltd (ABN 43 086 015 036); or

(b) the entities Envestra Victoria Pty Ltd (ACN 085 882 373) and Vic Gas Distribution Pty Ltd (ACN 085 899 001); or

(c) the entities Multinet Gas (DB No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB No. 2) Pty Ltd (ACN 086 230 122) trading as Multinet Gas Distribution Partnership;

revised gas distribution access arrangement means an access arrangement in respect of which a gas distribution access arrangement revision decision referred to in section 23 or 24 has been or is made;

specified day means 1 January 2011;

specified Gas Distribution System Code provision means a provision specified under an Order under section 20;

s. 17



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Wimmera and Colac Tariff Order means the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time.

18 Meaning of gas distribution system regulatory duty A gas distribution system regulatory duty is a duty under a relevant gas distribution system law or instrument that the ESC had in relation to a gas distribution company immediately before the day on which a revised gas distribution access arrangement that relates to pipeline services provided by that gas distribution company is deemed to be an AER approved full access arrangement other than a duty—

(a) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence held by that gas distribution company; or

(b) to make or amend a code or guideline that relates to the provision of distribution pipeline services provided by that gas distribution company.

Note

In relation to when a revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, see section 25.

19 Meaning of gas distribution system regulatory function or power

A gas distribution system regulatory function or power is a function or power under a relevant gas distribution system law or instrument that the ESC had in relation to a gas distribution company immediately before the day on which a revised gas distribution access arrangement that relates to pipeline services provided by that gas distribution company is deemed to be an AER approved full

s. 18



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access arrangement other than a function or power—

(a) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence held by that gas distribution company; or

(b) to make or amend a code or guideline that relates to the provision of distribution pipeline services provided by that gas distribution company.

Note


20 Specification of Gas Distribution System Code provisions by Minister

(1) The Minister, by Order published in the Government Gazette, may specify (with or without modification) a provision of the Gas Distribution System Code that—

(a) confers a function or power on the ESC; or

(b) imposes a duty on the ESC—

as a specified Gas Distribution System Code provision.

(2) The Minister may only specify a provision in an Order under subsection (1) if the provision relates to the economic regulation of distribution pipeline services provided by a gas distribution company.

21 Role of Interpretation of Legislation Act 1984 Except where the contrary intention appears, this Part does not affect or take away from the Interpretation of Legislation Act 1984.

s. 20



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Division 2—Current and pending Victorian gas distribution system access arrangement revisions

22 Transitional clauses in NGL relating to distribution pipeline services access arrangements do not apply

(1) Despite section 7, clause 26 of Schedule 3 to the NGL does not apply as a law of Victoria to the extent that the clause applies to an access arrangement—

(a) that relates to pipeline services provided by means of an old access law distribution pipeline; and

(b) in respect of which a final decision of the relevant Regulator under section 2.41 or 2.42 of the Access Code has been made that is the subject of a review under section 39 of the Gas Pipelines Access (Victoria) Law on the NGL commencement day.

(2) Despite section 7, clauses 29 to 31 of Schedule 3 to the NGL do not apply as laws of Victoria to the extent that those clauses apply to an access arrangement that relates to pipeline services provided by means of an old access law distribution pipeline.


NGL means the Schedule to the National Gas (South Australia) Act 2008 of South Australia.

Note

See clause 2 of Schedule 3 to the National Gas Law.

s. 22



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23 Gas distribution access arrangements under review (1) On and after the NGL commencement day, the

relevant Regulator must continue to take action under the Access Code in respect of a gas distribution access arrangement under review (including the making of a gas distribution access arrangement revision decision) as if the Gas Pipelines Access (Victoria) Law continued to apply.

(2) To avoid doubt, the Gas Pipelines Access (Victoria) Law applies to—

(a) any review under that Law in respect of a gas distribution access arrangement revision decision made as provided by this section; and

(b) any proceeding in respect of a review referred to in paragraph (a) (including any appeal)—

until that review or proceeding (as the case may be) is finally determined.

24 Gas distribution access arrangement revision decisions under review

(1) This section applies if—

(a) a gas distribution access arrangement revision decision has been made before the NGL commencement day in relation to an access arrangement that relates to pipeline services provided by a relevant Victorian service provider by means of an old access law distribution pipeline; and

(b) a review has been commenced and not completed under section 39 of the Gas Pipelines Access (Victoria) Law in respect of that decision before that day.

s. 23



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(2) To avoid doubt, the Gas Pipelines Access (Victoria) Law continues to apply to—

(a) the review under that Law; and

(b) any proceeding in respect of a review referred to in paragraph (a) (including any appeal)—

until that review or proceeding (as the case may be) is finally determined.

25 Revised gas distribution access arrangements become full access arrangements under NGL

A revised gas distribution access arrangement is deemed to be an AER approved full access arrangement, as the case requires, on the day—

(a) relevant revisions to the arrangement that accord with the relevant gas distribution access arrangement revision decision take effect; or

(b) relevant revisions to the arrangement that accord with a determination of the relevant appeals body take effect (if the gas distribution access arrangement revision decision relating to those revisions was reviewed under section 39 of the Gas Pipelines Access (Victoria) Law); or

(c) relevant revisions to the arrangement that accord with a decision of a court take effect (if proceedings were commenced in respect of a determination of the relevant appeals body on the review under section 39 of the Gas Pipelines Access (Victoria) Law of the gas distribution access arrangement revision decision relating to those revisions).

Note

See also sections 26, 27 and 36 to 38.

s. 25



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26 Certain provisions of the Access Code to continue to apply to revised gas distribution access arrangement

(1) Despite the repeal of the Access Code and subject to this section and any current access arrangement modification Rules, sections 3, 8 and 10.8 of the Access Code continue to apply to a revised gas distribution access arrangement deemed to be an AER approved full access arrangement under section 25 until revisions to such an access arrangement first approved or made in accordance with the National Gas (Victoria) Law and the National Gas Rules after the NGL commencement day take effect.

(2) To avoid doubt, after the NGL commencement day, a covered pipeline service provider must, despite anything to the contrary in an access arrangement referred to in subsection (1), submit an access arrangement revision proposal in relation to that access arrangement in accordance with section 132 of the National Gas (Victoria) Law and the National Gas Rules.

(3) Sections 3, 8 and 10.8 of the Access Code, as applied under this section, do not have effect to the extent that they provide for or deal with the procedure for the approval of revisions to access arrangements.

(4) For the purposes of this section, on the handover day—

(a) the AER is deemed to have the functions and powers a relevant Regulator has under sections 3, 8 and 10.8 of the Access Code as applied under this section; and

(b) every reference to a relevant Regulator in those sections as applied under this section is deemed to be a reference to the AER.

s. 26



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access arrangement revision proposal has the same meaning as in the National Gas Rules;

current access arrangement modification Rules means Rules made for or with respect to item 81 of Schedule 1 to the National Gas (Victoria) Law that are in force;

handover day means the day on which a revised gas distribution access arrangement is deemed to be an AER approved access arrangement under section 25.

27 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of National Gas (Victoria) Law

(1) Despite anything to the contrary in the National Gas (Victoria) Law, the definition of reviewable regulatory decision in section 244 of that Law is deemed, during the relevant transition period, to include decisions of the AER—

(a) that disallow a variation proposed by a service provider of a Reference Tariff contained in a revised gas distribution access arrangement deemed to be an AER approved access arrangement under section 25; or

(b) to make the AER's own variation of a Reference Tariff in respect of a revised gas distribution access arrangement deemed to be an AER approved access arrangement under section 25—

(i) on disallowing a variation proposed by a service provider; or

(ii) because a service provider fails to submit such a variation as required.

s. 27



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(2) In this clause—

new scheme revisions commencement date means the date revisions approved or made under the National Gas (Victoria) Law and the National Gas Rules to a revised gas distribution access arrangement deemed to be an AER approved full access arrangement under section 25 take effect following the first review of that access arrangement under that Law and those Rules after the NGL commencement day;

Reference Tariff has the same meaning as in the Access Code;

relevant transition period means the period—

(a) commencing on the NGL commencement day; and

(b) ending on the day after the day that is 15 business days after the new scheme revisions commencement date.

Division 3—AER functions, powers and duties under State instruments

28 Certain ESC functions, powers and duties conferred and imposed on the AER

(1) On and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the AER is, in relation to that gas distribution company and by force of this subsection—

s. 28



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(a) conferred—

(i) a relevant gas distribution system regulatory function or power; and

(ii) the functions and powers the ESC had immediately before that day under a condition of the distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services by that company; and

(b) subject to a gas distribution system regulatory duty.

(2) In addition, on and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the AER has, in relation to that gas distribution company, the functions and powers conferred, and is subject to the duties imposed, on it under this Division.

(3) For the purposes of this Division, on and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, every reference to the Essential Services Commission (by whatever name described) in—

(a) a relevant gas distribution system law or instrument (to the extent to which that law or instrument relates to that gas distribution company); or

s. 28



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(b) a condition of a distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services provided by that company—

is to be taken to be a reference to the AER unless the context otherwise requires.

Note


29 ESC ceases to have distribution pipeline services related regulatory functions, powers and duties

Despite anything to the contrary in any Act or instrument, on the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement the ESC, by force of this section—

(a) ceases, in relation to that gas distribution company, to have any function or power under—

(i) a relevant gas distribution system law or instrument (to the extent to which that law or instrument relates to that gas distribution company); or

(ii) a condition of a distribution licence held by that gas distribution company that relates to the economic regulation of distribution pipeline services provided by that company; and

(b) ceases, in relation to that gas distribution company, to be subject to any duty under a relevant gas distribution system law or instrument (to the extent to which that law or

s. 29



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instrument relates to that gas distribution company).

Note


30 Enforcement by AER of certain provisions of Victorian distribution licences

(1) This section applies if—

(a) a gas distribution company—

(i) has contravened or is contravening or, in the opinion of the AER, is likely to contravene a condition of its distribution licence that requires compliance with—

(A) a provision of the Gas Distribution System Code that relates to the economic regulation of distribution pipeline services; or

(B) the Wimmera and Colac Tariff Order; or

(ii) has contravened or is likely to contravene, before the specified day, a condition of its distribution licence that requires compliance with ESC guideline No. 17; and

(b) the AER considers that the contravention or likely contravention is not of a trivial nature.

(2) The AER may serve a provisional order or a final order on the gas distribution company requiring the company—

(a) to comply with the relevant distribution licence condition; and

s. 30



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(b) if a contravention has already occurred, to take such actions as are specified in the order to rectify the contravention.

(3) Section 53(2) to (9) and section 54 of the Essential Services Commission Act 2001 apply as if—

(a) a reference in those sections to a provisional order or a final order were a reference to a provisional order or a final order made and served under this section; and

(b) a reference to the Commission were a reference to the AER.

31 ESC cannot enforce certain gas distribution licence conditions that the AER can enforce

On and after the day on which a revised gas distribution access arrangement that relates to pipeline services provided by a gas distribution company is deemed to be an AER approved full access arrangement, the ESC cannot make or serve a provisional order or a final order under section 53 of the Essential Services Commission Act 2001 in respect of a contravention or likely contravention by that gas distribution company of a condition of a distribution licence held by that company that requires that company to comply with—

(a) a provision of the Gas Distribution System Code that relates to the economic regulation of distribution pipeline services; or

(b) the Wimmera and Colac Tariff Order; or

(c) ESC guideline No. 17. Note


s. 31



29

32 AER may request amendment of Gas Distribution System Code or ESC Guideline No. 17

(1) The AER may—

(a) request the ESC to amend the Gas Distribution System Code; or

(b) until the specified day, request the ESC to amend ESC guideline No. 17.

(2) On receiving a request under subsection (1), the ESC may, after consulting with the AER, amend the Gas Distribution System Code or ESC guideline No. 17 (as the case may be).

33 Appeals against certain decisions or actions of the AER

(1) This section applies if the AER, in exercise or performance, or purported exercise or performance, of a relevant gas distribution system regulatory function or power conferred on it under section 28, makes—

(a) a requirement under section 37 of the Essential Services Commission Act 2001; or

(b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the Essential Services Commission Act 2001.

(2) A person who is aggrieved by the requirement or decision may appeal to the Tribunal against the making of the requirement or decision.

(3) Sections 55 and 56 of the Essential Services Commission Act 2001 apply to an appeal under this section as if—

s. 32



30

(a) a reference in those sections to section 55(1) were a reference to subsection (1) of this section; and

(b) in section 55(3) for "the Registrar" there were substituted "the Tribunal"; and

(c) section 56(1) to (3) and (5) were omitted; and

(d) a reference in those sections to the Commission were a reference to the AER; and

(e) a reference in those sections to an appeal panel were a reference to the Tribunal.

(4) Part 3 of the Essential Services Commission Regulations 2001 applies to an appeal under this section as if—

(a) regulations 10 and 11 of that Part were omitted; and

(b) a reference in that Part to the Commission were a reference to the AER; and

(c) a reference in that Part to an appeal panel were a reference to the Tribunal; and

(d) a reference in that Part to the Registrar were a reference to the Tribunal.


Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.

s. 33

S. 33(5) def. of Tribunal amended by No. 21/2012 s. 239(Sch. 6 item 30).



31

34 Provision of information and assistance by ESC to the AER

(1) Despite any other Act or law, the ESC is authorised, on its own initiative or at the request of the AER—

(a) to provide the AER with such information (including information given in confidence) in the possession or control of the ESC that is reasonably required by the AER for the purposes of this Division; and

(b) to provide the AER with such other assistance as is reasonably required by the AER to perform a function or duty, or exercise a power, conferred or imposed under this Division.

(2) Nothing done, or authorised to be done, by the ESC in acting under subsection (1)—

(a) constitutes a breach of, or default under, an Act or other law; or

(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or

(d) constitutes a civil or criminal wrong; or

(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or

(f) releases a surety or any other obligee wholly or in part from an obligation.

s. 34



32

(3) The ESC, by written notice, must inform the AER of the day on which a revised gas distribution access arrangement —

(a) will be deemed to be an AER approved full access arrangement under section 25; or

(b) in the ESC's opinion is likely to be deemed to be an AER approved full access arrangement under section 25.

Note


Division 4—Miscellaneous matters 35 Consolidated access arrangements not permitted in

respect of 2 or more covered distribution pipelines (1) This section applies if a covered pipeline service

provider provides or intends to provide pipeline services by means of 2 or more covered pipelines that are distribution pipelines.

(2) Despite section 7 or anything in the National Gas Rules, the AER must not direct the covered pipeline service provider to submit a consolidated access arrangement for all the relevant covered pipelines.

(3) Despite section 7 or anything in the National Gas Rules, the covered pipeline service provider cannot submit a consolidated access arrangement for all the relevant covered pipelines.

36 GPAL obligation comply with published general accounting guidelines continues

(1) Subsection (2) applies despite the repeal of the Gas Pipelines Access (Victoria) Law.

s. 35



33

(2) Section 4.1(c), (d) and (e), section 4.2(a) of the Access Code and any general accounting guidelines published by the relevant Regulator as provided by section 4.2(a) and in effect before the NGL commencement day, continue to apply to a gas distribution company that is a covered pipeline service provider that provides pipeline services by means of a designated distribution pipeline—

(a) as if the Gas Pipelines Access (Victoria) Law had not been repealed; and

(b) until the specified day.

(3) In addition, despite section 7, section 141 of the NGL does not apply as a law of Victoria until after the specified day.


NGL means the Schedule to the National Gas (South Australia) Act 2008 of South Australia.

37 ESC Guideline No. 17 becomes a regulatory information order after specified day

(1) On the day after the specified day ESC Guideline No. 17 is deemed to be a regulatory information order that applies to a gas distribution company that is a scheme pipeline service provider (the transitioned Victorian distribution RIO).

(2) Despite section 7 and anything to the contrary in the National Gas (Victoria) Law, the AER must not—

(a) amend the transitioned Victorian distribution RIO so that the transitioned Victorian distribution RIO, as it relates to a Victorian transitioned access arrangement, prejudices the administration of that access arrangement; or

s. 37



34

(b) revoke the transitioned Victorian distribution RIO; or

(c) substitute the transitioned Victorian distribution RIO with a regulatory information order that has the effect of prejudicing the administration of a Victorian transitioned access arrangement; or

(d) subject to section 38, prepare or serve a regulatory information notice that is inconsistent with the transitioned Victorian distribution RIO (as the transitioned Victorian distribution RIO applies to a Victorian transitioned access arrangement before the first NGL revisions day).

(3) The transitioned Victorian distribution RIO ceases to have effect in relation to a gas distribution company that is a scheme pipeline service provider on the first NGL revisions day.


first NGL revisions day means the day revisions to a Victorian transitioned access arrangement that relate to pipelines services provided by that service provider, first approved or made in accordance with the National Gas (Victoria) Law and the National Gas Rules after the NGL commencement day, take effect;

Victorian transitioned access arrangement means a revised gas distribution access arrangement that is deemed to be an AER approved full access arrangement under section 25.

S. 37(2)(d) substituted by No. 59/2008 s. 45(1).

s. 37

S. 37(3) amended by No. 59/2008 s. 45(2).

S. 37(4) substituted by No. 59/2008 s. 45(3).



35

38 Matters to be taken into account when AER makes or prepares regulatory information instruments

(1) This section applies if the AER is intending to make a general regulatory information order or prepare a regulatory information notice that will relate to the provision of pipeline services provided by a gas distribution company that is a scheme pipeline service provider after the day the transitioned Victorian distribution RIO ceases to have effect.

(2) Despite section 7 and anything to the contrary in the National Gas (Victoria) Law, the AER, in making the general regulatory information order or preparing the regulatory information notice, must—

(a) have regard to the transitioned Victorian distribution RIO; and

(b) ensure, to the maximum practicable extent, that the general regulatory information order or regulatory information notice is consistent with the transitioned Victorian distribution RIO.


transitioned Victorian distribution RIO has the same meaning as in section 37.

(4) This section expires on 1 January 2018.

__________________

__________________

s. 38

S. 38(4) inserted by No. 59/2008 s. 46.

Part 6—Declared Systems and Regulated Gas Markets


36

PART 6—DECLARED SYSTEMS AND REGULATED GAS MARKETS

Division 1—Ministerial declarations

39 Declared distribution systems and declared transmission systems

The Minister, by Order published in the Government Gazette, may declare—

(a) a distribution pipeline, or a part of a distribution pipeline, situated wholly or partly in Victoria to be a declared distribution system;

(b) a transmission pipeline, or a part of a transmission pipeline, situated wholly or partly in Victoria to be a declared transmission system.

40 Declared host retailer The Minister, by Order published in the Government Gazette, may declare a user to be a declared host retailer.

41 Declared LNG storage providers and agreements The Minister, by Order published in the Government Gazette, may declare—

(a) a person who owns, controls or operates a facility for storing liquefied natural gas in Victoria to be a declared LNG storage provider;

(b) a person who owns, controls or operates a facility, in Victoria, that converts natural gas into liquefied natural gas to be a declared LNG supplier;

Pt 6 (Heading and ss 39–44) substituted as Pt 6 (Heading and ss 39–58) by No. 23/2009 s. 20.

S. 39 substituted by No. 23/2009 s. 20.

s. 39





37

(c) an agreement relating to, among other things, the supply of liquefied natural gas for storage to be a declared LNG supply agreement.

42 Declared metering requirement (1) The Minister, by Order published in the

Government Gazette, may declare the ESC Gas Distribution System Code, or any provision of that Code, to be a declared metering requirement.

(2) The ESC Gas Distribution System Code, or the provision of that Code, that is declared by an Order under subsection (1), may be declared as modified by that Order to make any necessary or consequential amendments to the Code, or the provision of the Code, in its continuing application under the National Gas Rules.


ESC Gas Distribution Code means Version 9.0 of the Gas Distribution System Code, published by the ESC, dated 12 December 2008, as in force immediately before the transition day.

43 Declared wholesale gas market The Minister, by Order published in the Government Gazette, may declare a wholesale gas market that operates in Victoria to be a declared wholesale gas market.

Division 2—AEMO's declared system functions 44 Application of AEMO's declared system functions

Division 2 of Part 6 of Chapter 2 of the National Gas (Victoria) Law applies in this jurisdiction. Note

See section 91B of the National Gas (Victoria) Law.



s. 42




38

45 Certain defined terms for the purposes of the National Gas (Victoria) Law

For the purposes of the National Gas (Victoria) Law—

declared distribution system means a distribution pipeline, or a part of a distribution pipeline, declared by Order under section 39 to be a declared distribution system;

declared host retailer means a user declared by Order under section 40 to be a declared host retailer;

declared LNG storage provider means a person who owns, controls or operates a facility for storing liquefied natural gas in Victoria declared by Order under section 41 to be a declared LNG storage provider, or any successor in law or assignee of that LNG storage provider;

declared LNG supplier means a person who owns, controls or operates a facility, in Victoria, that converts natural gas into liquefied natural gas declared by Order under section 41 to be a declared LNG supplier, or any successor in law or assignee of that LNG supplier;

declared LNG supply agreement means an agreement relating to the supply of liquefied natural gas, as amended from time to time, declared by Order under section 41 to be a declared LNG supply agreement;

declared metering requirement means the ESC Gas Distribution System Code, or the provisions of that Code, declared, or declared as modified, by Order under section 42 to be a declared metering requirement;

S. 45 inserted by No. 23/2009 s. 20.

s. 45



39

declared transmission system means a transmission pipeline, or a part of a transmission pipeline, declared by Order under section 39 to be a declared transmission system;

declared wholesale gas market means a wholesale gas market declared by Order under section 43 to be a declared wholesale gas market;

licensee has the same meaning as in the Gas Industry Act 2001.

Division 3—Regulatory arrangements 46 Definitions

In this Division—

current operating agreement means an agreement specified by Order under section 47 to be a current operating agreement;

current service envelope agreement means the Service Envelope Agreement entered into between VENCorp, APA GasNet Australia Pty Ltd ACN 079 136 413, and APA GasNet Australia (Operations) Pty Ltd ACN 083 009 278, dated 20 November 2006 as amended from time to time;

specified code or guideline means a code or guideline specified, or specified as modified, under an Order under section 48;

specified VENCorp provision means a provision of a code or guideline specified, or specified as modified, under an Order under section 48.

S. 46 inserted by No. 23/2009 s. 20.

s. 46



40

47 Declaration of current operating agreements The Minister, by Order published in the Government Gazette, may specify an agreement to which VENCorp is a party to be a current operating agreement.

48 Ministerial specification of ESC code or guidelines or provisions under ESC codes or guidelines

(1) The Minister, by Order published in the Government Gazette, may specify a code or guideline published by the ESC, or a provision of such a code or guideline, that confers a function or power, or imposes a duty, on VENCorp and that relates to—

(a) the provision of pipeline services provided by means of a transmission pipeline that is a declared transmission system; or

(b) a transmission pipeline that is a declared transmission system; or

(c) the operation and administration of a declared wholesale gas market—

as, as the case requires, a specified code or guideline or a specified VENCorp provision if the Minister considers that AEMO must be conferred that function or power, or be subject to that duty.

(2) The code or guideline published by the ESC, or the provision of such a code or guideline, that is specified by an Order under subsection (1), may be specified as modified by that Order to make any necessary or consequential amendments to the code or guideline, or the provision of the code or guideline, in its application to AEMO.

S. 47 inserted by No. 23/2009 s. 20.

S. 48 inserted by No. 23/2009 s. 20.

s. 47



41

49 Current operating agreement On the transition day, a current operating agreement is to be taken to be an operating agreement (within the meaning of section 91BG(1) of the National Gas (Victoria) Law). Note

By operation of section 238 of the Gas Industry Act 2001, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day.

50 Current service envelope agreement On the transition day, the current service envelope agreement is to be taken to be a service envelope agreement (within the meaning of section 91BE(1) of the National Gas (Victoria) Law). Note

By operation of section 238 of the Gas Industry Act 2001, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day.

51 Specified code or guidelines and specified VENCorp provisions

(1) On and after the transition day, AEMO is, by force of this subsection—

(a) conferred a function or power VENCorp had under a specified code or guideline or specified VENCorp provision immediately before that day; and

(b) subject to every duty imposed on VENCorp under a specified code or guideline or specified VENCorp provision immediately before that day.

(2) On and after the transition day, every reference to VENCorp in a specified code or guideline or specified VENCorp provision is to be taken to be

S. 49 inserted by No. 23/2009 s. 20.

s. 49

S. 50 inserted by No. 23/2009 s. 20.

S. 51 inserted by No. 23/2009 s. 20.



42

a reference to the AEMO unless the context otherwise requires.

Division 4—Gas emergencies 52 Definitions

In this Division—

Gas Emergency Procedures means the document entitled Emergency Procedures (Gas) dated 6 February 2008—

(a) prepared by VENCorp under clause 6.2.2(c) of the MSO Rules; and

(b) as in force immediately before the transition day;

gas emergency protocol means a protocol made by AEMO under section 53;

Gas Curtailment Guidelines means Issue 7.0 of the Gas Load Curtailment and Gas Rationing and Recovery Guidelines—

(a) published by VENCorp and dated March 2003; and

(b) as in force immediately before the transition day;

Gas Curtailment List means the emergency curtailment list prepared by VENCorp under clause 6.4.3 of the MSO Rules, as in force immediately before the transition day.

53 Gas emergency protocol (1) Subject to this Division, AEMO must make and

keep up to date a protocol (a gas emergency protocol) that—

(a) classifies gas emergencies into categories having regard to their scale, effect, or any other relevant matter or circumstance;

S. 52 inserted by No. 23/2009 s. 20.

s. 52

S. 53 inserted by No. 23/2009 s. 20.



43

(b) describes the actions to be taken by AEMO, Energy Safe Victoria, Registered participants, and any other relevant party for each category of gas emergency;

(c) sets out the customers or classes of customers to be curtailed in the case of each category of gas emergency and the order of their curtailment;

(d) describes the matters or things to be taken into account in determining who will be curtailed in the case of each category of gas emergency and the order of their curtailment;

(e) sets out the order of restoration of supply of gas to customers or classes of customers;

(f) describes the matters or things to be taken into account in determining the order of restoration of supply of gas to customers or classes of customers;

(g) provides for rationing of the supply of gas and the basis on which it will be administered;

(h) provides for how gas emergencies are to be managed and by whom;

(i) provides for any other matter relating to a gas emergency.

(2) AEMO must publish a gas emergency protocol it makes on its website.

(3) Before making a gas emergency protocol, AEMO must consult with the Minister, Energy Safe Victoria and Registered participants.

(4) In making a gas emergency protocol, AEMO must have regard to the economic and social needs of the Victorian community.

s. 53



44

54 Ministerial directions (1) The Minister may give AEMO a written direction

in relation to—

(a) what should or should not be in a gas emergency protocol made or to be made by AEMO; or

(b) the administration or operation of a gas emergency protocol made or to be made by AEMO.

(2) AEMO must comply with a direction under subsection (1).

55 Registered participants must comply with gas emergency protocol

(1) Subject to subsection (2), a Registered participant must comply with a gas emergency protocol published by AEMO.

(2) A Registered participant is not required to comply with a gas emergency protocol, or a part of a gas emergency protocol, published by AEMO that is inconsistent with a direction given to the Registered participant—

(a) by Energy Safe Victoria; or

(b) by the Minister under Part 9 of the Gas Industry Act 2001.

56 Gas emergency protocol—transitional provision On the transition day, all of the Gas Emergency Procedures, the Gas Curtailment Guidelines and the Gas Curtailment List, are to be taken to be one gas emergency protocol made by AEMO.

S. 54 inserted by No. 23/2009 s. 20.

s. 54

S. 55 inserted by No. 23/2009 s. 20.

S. 56 inserted by No. 23/2009 s. 20.



45

Division 5—Other matters 57 Notice of change to declared LNG storage provider

or declared LNG supplier (1) If a declared LNG storage provider enters into an

agreement that transfers or assigns the ownership, control or operation of the facility for storing liquefied natural gas, the provider must provide, as soon as practicable after entering into the agreement, the required details to—

(a) the Minister; and

(b) AEMO.

(2) If a declared LNG supplier enters into an agreement that transfers or assigns the ownership, control or operation of the facility that converts natural gas into liquefied natural gas, the supplier must provide, as soon as practicable after entering into the agreement, the required details to—

(a) the Minister; and

(b) AEMO.

(3) On receipt of the required details under subsection (1) or (2), AEMO must publish those details on its website.

(4) AEMO, by publishing the required details on its website, incurs no liability for breach of contract, breach of confidence or any other civil wrong.


required details means—

(a) for the person to whom a declared LNG storage provider transfers or assigns the ownership, control or operation of the facility for storing liquefied natural gas—

S. 57 inserted by No. 23/2009 s. 20.

s. 57



46

(i) name;

(ii) Australian Company Number or Australian Business Number;

(iii) principal place of business;

(iv) any other information specified by the Minister by notice published in the Government Gazette;

(b) for the person to whom a declared LNG supplier transfers or assigns the ownership, control or operation of the facility that converts natural gas into liquefied natural gas—

(i) name;

(ii) Australian Company Number or Australian Business Number;

(iii) principal place of business;

(iv) any other information specified by the Minister by notice published in the Government Gazette.

58 MSO Rules procedures and guidelines—transitional provision

(1) On the transition day, MSO Rules procedures and guidelines are to be taken to be Wholesale Market Procedures.


MSO Rules procedures and guidelines means any of the following documents as in force immediately before the transition day—

(a) the system security guidelines established and updated from time to time under clause 1.2.1(c) of the MSO Rules;

S. 58 inserted by No. 23/2009 s. 20.

s. 58



47

(b) the gas scheduling procedures developed, documented and made available under clause 3.1.1(d) of the MSO Rules;

(c) the demand forecast procedures established, modified and published under clause 3.1.3A(d) of the MSO Rules;

(d) the accreditation procedures established and published under clause 3.1.6(d) of the MSO Rules;

(e) the administered pricing procedure established under clause 3.2.5(a) of the MSO Rules;

(f) the compensation guidelines established and updated under clause 3.6.5A(i) of the MSO Rules;

(g) the ancillary payment procedures established and published under clause 3.6.7(aa) of the MSO Rules;

(h) the uplift payments procedures established and published under clause 3.6.8(a) of the MSO Rules;

(i) the connections guidelines established and updated from time to time under clause 4.1.7(f) of the MSO Rules;

(j) the energy content procedures established under clause 4.4.13(ea) of the MSO Rules;

(k) the metering communications procedures referred to under clause 4.4.18(c) of the MSO Rules;

(l) the data validation process established under clause 4.4.24(b) of the MSO Rules;

s. 58


48

(m) the electronic communication procedures developed under clause 5.1.2(e) of the MSO Rules;

(n) the AMDQ credit certificates transfer procedures established and published under clause 5.3.5(b) of the MSO Rules.

═══════════════

s. 58


49

ENDNOTES

1. General Information Minister's second reading speech—

Legislative Assembly: 8 May 2008

Legislative Council: 29 May 2008

The long title for the Bill for this Act was "A Bill for an Act to establish a framework to enable third parties to gain access to certain natural gas pipeline services, to repeal the Gas Pipelines Access (Victoria) Act 1998, to consequentially amend the Federal Courts (State Jurisdiction) Act 1999, the Gas Industry Act 2001, the Interpretation of Legislation Act 1984 and the Pipelines Act 2005 and for other purposes."

The National Gas (Victoria) Act 2008 was assented to on 17 June 2008 and came into operation on 1 July 2008: Special Gazette (No. 184) 1 July 2008 page 1.

Endnotes


50

2. Table of Amendments This Version incorporates amendments made to the National Gas (Victoria) Act 2008 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

National Gas (Victoria) Act 2008, No. 30/2008 Assent Date: 17.6.08 Commencement Date: S. 40 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1 Current State: This information relates only to the provision/s

amending the National Gas (Victoria) Act 2008

Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008

Assent Date: 22.10.08 Commencement Date: Ss 45, 46 on 23.10.08: s. 2(1) Current State: This information relates only to the provision/s


Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009

Assent Date: 17.6.09 Commencement Date: Ss 16–20 on 1.7.09: Special Gazette (No. 222) 30.6.09

p. 1 Current State: This information relates only to the provision/s


Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010 Assent Date: 23.3.10 Commencement Date: S. 800(Sch. 6 item 8) on 1.1.12: s. 2(2) Current State: This information relates only to the provision/s


Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 30) on 1.7.12: Special Gazette

(No. 214) 28.6.12 p. 1 Current State: This information relates only to the provision/s


Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 33) on 28.6.12: s. 2(1) Current State: This information relates only to the provision/s


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes


51

3. Explanatory Details No entries at date of publication.

Endnotes

Documents

National Gas (Victoria) Act · PDF file · 2014-05-02National Gas (Victoria) Act 2008 . No. 30 of 2008 . ... 35 Consolidated access arrangements not permitted in respect of ... 45