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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia National Gas Access (WA) Amendment Bill 2016 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Act amended 2 Part 2 -- Amendments commencing on the day after Royal Assent 4. Part 6 heading replaced 3 Part 6 -- Transitional provisions 5. Part 6 Division 1 heading replaced 3 Division 1 -- Transitional provisions for National Gas Access (WA) Act 2009 6. Section 18 deleted 3 7. Part 6 Division 2 heading deleted 3 8. Part 6 Division 2 inserted 4 Division 2 -- Transitional provisions for National Gas Access (WA) Amendment Act 2016 20A. Terms used 4 20B. Regulations: transitional matters 6 20C. Performance of certain functions by AER during transition period 7 20D. Exercise of powers under provisions not yet in effect 9 20E. Authorisation of preparatory steps by AER 9 20F. Provision of information and assistance by ERA 10 20G. Continuation of certain regulations made before commencement day 11 9. Part 6A heading inserted 12 Part 6A -- Miscellaneous 10. Section 21 amended 12 190--1 page i National Gas Access (WA) Amendment Bill 2016 Contents Part 3 -- Amendments commencing on 1 July 2017 11. Section 9 amended 13 12. Section 20H inserted 13 20H. Resolution of access disputes commencing before 1 July 2018 13 13. Section 21 amended 13 14. Section 22 amended 14 15. Schedule 1 clause 3 amended 14 16. Schedule 1 clauses 8 and 9 replaced 14 8. Chapter 6 Part 1A inserted 14 Part 4 -- Amendments commencing on 1 July 2018 17. Long title amended 15 18. Section 1 amended 15 19. Section 3 amended 15 20. Section 4 amended 16 21. Section 5 amended 16 22. Section 6 amended 16 23. Sections 6A and 6B deleted 17 24. Part 2 heading replaced 17 Part 2 -- Application of the National Gas Law and regulations 25. Sections 7 to 8 replaced 17 7. Application of National Gas Law 17 8. Application of regulations under National Gas Law 17 26. Section 9 amended 18 27. Sections 10 and 11 inserted 19 10. Designated pipelines 19 11. Interpretation Act 1984 does not apply 19 28. Part 3 deleted 20 29. Section 14 amended 20 30. Section 17 amended 20 31. Section 19 amended 21 32. Section 20 deleted 21 33. Section 20B amended 21 page ii National Gas Access (WA) Amendment Bill 2016 Contents 34. Parts 6A and 7 replaced 21 Part 7 -- Regulations 21. Regulations 21 22. Regulations: modification of National Gas Law, National Gas Regulations and National Gas Rules 22 35. Schedule 1 heading replaced 23 Schedule 1 -- Modifications to National Gas Law 36. Schedule 1 clauses 1 and 2 replaced 24 1. Purpose of this Schedule 24 37. Schedule 1 clause 3 amended 24 38. Schedule 1 clauses 4 to 7 replaced 26 4. Section 3 modified 26 5. Section 4 modified 26 6. Section 6 modified 26 7. Section 24A inserted 26 7A. Section 26 modified 28 7B. Section 64 modified 28 7C. Section 66 modified 29 7D. Section 84 modified 29 7E. Chapter 2 Part 6 Division 1A inserted 30 7F. Chapter 2 Part 7 Division 1A inserted 30 39. Schedule 1 clause 8 amended 31 40. Schedule 1 clauses 10 to 13 replaced 31 10. Chapter 7 Part 1A inserted 31 11. Section 270A modified 31 12. Section 290 modified 32 41. Schedule 1 clauses 15 to 17 deleted 32 page iii Western Australia LEGISLATIVE COUNCIL National Gas Access (WA) Amendment Bill 2016 A Bill for An Act to amend the National Gas Access (WA) Act 2009. The Parliament of Western Australia enacts as follows: page 1 National Gas Access (WA) Amendment Bill 2016 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the National Gas Access (WA) Amendment Act 2016. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent (assent day); 8 (b) Part 2 -- on the day after assent day; 9 (c) Part 3 -- on 1 July 2017; 10 (d) the rest of the Act -- on 1 July 2018. 11 3. Act amended 12 This Act amends the National Gas Access (WA) Act 2009. page 2 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on the day after Royal Assent Part 2 s. 4 1 Part 2 -- Amendments commencing on the day after 2 Royal Assent 3 4. Part 6 heading replaced 4 Delete the heading to Part 6 and insert: 5 6 Part 6 -- Transitional provisions 7 8 5. Part 6 Division 1 heading replaced 9 Delete the heading to Part 6 Division 1 and insert: 10 11 Division 1 -- Transitional provisions for National Gas 12 Access (WA) Act 2009 13 14 6. Section 18 deleted 15 Delete section 18. 16 7. Part 6 Division 2 heading deleted 17 Delete the heading to Part 6 Division 2. page 3 National Gas Access (WA) Amendment Bill 2016 Part 2 Amendments commencing on the day after Royal Assent s. 8 1 8. Part 6 Division 2 inserted 2 After section 20 insert: 3 4 Division 2 -- Transitional provisions for National Gas 5 Access (WA) Amendment Act 2016 6 20A. Terms used 7 (1) In this Division -- 8 commencement day means 1 July 2018 (being the day 9 on which the National Gas Access (WA) Amendment 10 Act 2016 Part 4 comes into operation under 11 section 2(d) of that Act); 12 ERA means the Economic Regulation Authority 13 established by the Economic Regulation Authority 14 Act 2003 section 4; 15 new NGL (WA) provisions means the provisions of the 16 following, as in force on and from commencement 17 day -- 18 (a) this Act; 19 (b) the National Gas (WA) Law; 20 (c) the National Gas (WA) Rules; 21 (d) the National Gas (WA) Regulations; 22 (e) the regulations made under this Act; 23 non-WA NGL provisions means the provisions of the 24 following, as in force before commencement day -- 25 (a) the National Gas Law set out in the Schedule to 26 the South Australian Act as applied as a law of 27 the other participating jurisdictions; 28 (b) the regulations under the South Australian Act 29 Part 3 as applied as a law of the other 30 participating jurisdictions; page 4 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on the day after Royal Assent Part 2 s. 8 1 (c) the National Gas Rules as applied under the 2 National Gas Law set out in the Schedule to the 3 South Australian Act as applied as a law of the 4 other participating jurisdictions; 5 old NGL (WA) provisions means the provisions of the 6 following, as in force before commencement day -- 7 (a) this Act; 8 (b) the National Gas Access (Western Australia) 9 Law; 10 (c) the National Gas Rules as applied under the 11 National Gas Access (Western Australia) Law; 12 (d) the National Gas Access (Western Australia) 13 Regulations; 14 (e) the regulations made under section 21; 15 transitional matters includes matters of an application 16 or savings nature; 17 transition period means the period that begins on the 18 day on which the National Gas Access (WA) 19 Amendment Act 2016 Part 2 comes into operation and 20 ends immediately before commencement day. 21 (2) During the transition period, a reference in this 22 Division to the National Gas (WA) Law, the National 23 Gas (WA) Regulations or the National Gas (WA) 24 Rules is a reference to that Law, those Regulations or 25 those Rules as they will apply as a law of this State on 26 and after commencement day. 27 (3) After the transition period, a reference in this Division 28 to the National Gas Access (Western Australia) Law or 29 the National Gas Access (Western Australia) 30 Regulations is a reference to that Law or those 31 Regulations as in force before commencement day. page 5 National Gas Access (WA) Amendment Bill 2016 Part 2 Amendments commencing on the day after Royal Assent s. 8 1 20B. Regulations: transitional matters 2 (1) Regulations made under section 21 may make 3 provision for transitional matters relating to the 4 transition from the old NGL (WA) provisions to the 5 new NGL (WA) provisions. 6 (2) Without limiting subsection (1), the regulations may do 7 any of the following -- 8 (a) provide that a document, agreement or 9 instrument made or given for the purposes of a 10 provision of the old NGL (WA) provisions -- 11 (i) ceases to have effect immediately 12 before commencement day; or 13 (ii) has effect on and from commencement 14 day as if it were made or given for the 15 purposes of a provision of the new NGL 16 (WA) provisions; 17 (b) provide that a document, agreement or 18 instrument made or given for the purposes of 19 the old NGL (WA) provisions that continues in 20 effect for the purposes of the new NGL (WA) 21 provisions as referred to in paragraph (a)(ii) 22 expires on a day specified in the regulations, 23 despite anything to the contrary in the new 24 NGL (WA) provisions or the document, 25 agreement or instrument; 26 (c) provide that a thing done or omitted to be done 27 before commencement day for the purposes of 28 a provision of the old NGL (WA) provisions 29 has effect on and from commencement day as if 30 it were done or omitted for the purposes of a 31 provision of the new NGL (WA) provisions; 32 (d) provide that a document or instrument made or 33 given, or a thing done or omitted to be done, 34 before commencement day for the purposes of page 6 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on the day after Royal Assent Part 2 s. 8 1 a provision of the non-WA NGL provisions has 2 effect on and from commencement day as if it 3 were made, given, done or omitted (as the case 4 requires) for the purposes of a provision of the 5 new NGL (WA) provisions; 6 (e) provide for matters arising in connection with 7 the transfer of a function from one person to 8 another person. 9 (3) For the purposes of this section, a reference to a 10 transfer of a function from one person to another 11 person is a reference to -- 12 (a) the first person ceasing on commencement day 13 to have a function under the old NGL (WA) 14 provisions; and 15 (b) the other person beginning on commencement 16 day to have a corresponding or related function 17 under the new NGL (WA) provisions. 18 (4) The regulations may make provision for transitional 19 matters relating to the transition from the old NGL 20 (WA) provisions to the new NGL (WA) provisions 21 (including the matters referred to in subsection (2)) by 22 modifying, or providing for the modification of, the 23 National Gas Rules in accordance with section 21(1A). 24 20C. Performance of certain functions by AER during 25 transition period 26 (1) During the transition period, the AER may serve a 27 regulatory information notice on a scheme pipeline 28 service provider or a related provider under the 29 National Gas Access (Western Australia) Law 30 section 48(1)(a) if it considers it reasonably necessary 31 for the purposes of -- 32 (a) performing a function that it has under or 33 because of this Division; or page 7 National Gas Access (WA) Amendment Bill 2016 Part 2 Amendments commencing on the day after Royal Assent s. 8 1 (b) preparing to perform a function that it will have 2 under the new NGL (WA) provisions on and 3 after commencement day. 4 (2) If the AER decides to serve a regulatory information 5 notice under subsection (1) -- 6 (a) the provisions of the National Gas Access 7 (Western Australia) Law that relate to 8 regulatory information notices apply in relation 9 to that regulatory information notice as if the 10 AER were the regulator; and 11 (b) the scheme pipeline service provider or related 12 provider must comply with the notice as if the 13 AER were the regulator for the purposes of 14 those provisions. 15 (3) During the transition period -- 16 (a) a service provider may request a 17 pre-submission conference with the AER under 18 the National Gas Rules as applied under the 19 National Gas Access (Western Australia) Law; 20 and 21 (b) the provisions of those Rules that relate to 22 pre-submission conferences apply in relation to 23 that pre-submission conference as if the AER 24 were the regulator; and 25 (c) despite paragraph (b), the AER may, but is not 26 required to, comply with the request. 27 (4) Subsections (1) to (3) apply despite paragraph (a) of 28 the definition of regulator in section 9, as that 29 definition applies for the purposes of the National Gas 30 Access (Western Australia) Law because of the 31 definition of regulator in section 2 of that Law. 32 (5) A thing done by, to, or in relation to, the AER during 33 the transition period under a provision of the old NGL page 8 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on the day after Royal Assent Part 2 s. 8 1 (WA) provisions as that provision applies because of 2 this section is taken, on and after commencement day, 3 to have been done by, to, or in relation to, the AER 4 under the corresponding provision of the new NGL 5 (WA) provisions. 6 20D. Exercise of powers under provisions not yet in effect 7 (1) In this section -- 8 relevant provision means a provision of any of the 9 following, as the provision applies as a law of the State 10 on and from commencement day -- 11 (a) the National Gas (WA) Law; 12 (b) the National Gas (WA) Regulations; 13 (c) the National Gas (WA) Rules. 14 (2) The National Gas Access (Western Australia) Law 15 Schedule 2 clause 27 has effect in relation to a relevant 16 provision as if -- 17 (a) a reference in that clause to a provision of the 18 Law that does not commence on its enactment 19 were a reference to the relevant provision; and 20 (b) a reference in that clause to the commencement 21 of the provision were a reference to the 22 National Gas (WA) Law, the National Gas 23 (WA) Regulations and the National Gas (WA) 24 Rules beginning to apply as a law of the State 25 on commencement day. 26 20E. Authorisation of preparatory steps by AER 27 (1) This section applies if -- 28 (a) the AER is required to do something (a 29 preparatory step) before making a decision or 30 making an instrument under a provision of the 31 new NGL (WA) provisions; and page 9 National Gas Access (WA) Amendment Bill 2016 Part 2 Amendments commencing on the day after Royal Assent s. 8 1 (b) the AER takes the preparatory step during the 2 transition period. 3 (2) For the purposes of the provision of the new NGL 4 (WA) provisions, the AER is taken, on and after 5 commencement day, to have complied with the 6 requirement to take the preparatory step. 7 20F. Provision of information and assistance by ERA 8 (1) Despite any other Act or law, the ERA is authorised, 9 on its own initiative or at the request of the AER -- 10 (a) to provide the AER with information (including 11 information given in confidence) in the 12 possession or control of the ERA that is 13 reasonably required by the AER to perform a 14 function under the new NGL (WA) provisions; 15 and 16 (b) to provide the AER with other assistance that is 17 reasonably required by the AER to perform a 18 function under the new NGL (WA) provisions. 19 (2) Despite any Act or other law, the ERA may authorise 20 the AER to disclose information provided under 21 subsection (1) even if the information was given in 22 confidence. 23 (3) Nothing done, or authorised to be done, by the ERA 24 under subsection (1) or (2) -- 25 (a) contravenes the Economic Regulation Authority 26 Act 2003 section 57; or 27 (b) constitutes a breach of, or default under, any 28 other Act or law; or 29 (c) constitutes a breach of, or default under, a 30 contract, agreement, undertaking or 31 understanding; or page 10 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on the day after Royal Assent Part 2 s. 8 1 (d) constitutes a breach of a duty of confidence 2 (whether arising by contract, in equity, by 3 custom, or in any other way); or 4 (e) constitutes a civil or criminal wrong. 5 (4) A reference in this section to the AER performing a 6 function under the new NGL (WA) provisions includes 7 a reference to the AER -- 8 (a) performing a function that it has under or 9 because of this Division; or 10 (b) preparing, during the transition period, to 11 perform a function that it will have under the 12 new NGL (WA) provisions on and after 13 commencement day. 14 (5) It is a function of the AER to receive information and 15 assistance provided to it under this section. 16 20G. Continuation of certain regulations made before 17 commencement day 18 (1) Regulations made under section 21 and in force 19 immediately before commencement day continue in 20 force on and after that day, despite the amendments 21 made by the National Gas Access (WA) Amendment 22 Act 2016 section 34, unless they are repealed on or 23 after that day. 24 (2) Subsection (1) does not prevent the regulations to 25 which it applies from being amended. 26 page 11 National Gas Access (WA) Amendment Bill 2016 Part 2 Amendments commencing on the day after Royal Assent s. 9 1 9. Part 6A heading inserted 2 Before section 21 insert: 3 4 Part 6A -- Miscellaneous 5 6 10. Section 21 amended 7 After section 21(1) insert: 8 9 (1A) Regulations under subsection (1) may modify the 10 operation of the National Gas Rules for the purpose of 11 their having effect as a law of the State, on and after 12 1 July 2018, under the National Gas (WA) Law 13 section 26 or provide for the Minister, by instrument, to 14 do so. 15 (1B) Modifications under subsection (1A) cannot have 16 effect before 1 July 2018. 17 (1C) Regulations made for the purposes of subsection (1A) 18 must not authorise the Minister to make an instrument 19 referred to in that subsection on or after 1 July 2019. 20 page 12 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2017 Part 3 s. 11 1 Part 3 -- Amendments commencing on 1 July 2017 2 11. Section 9 amended 3 (1) In section 9(1) delete the definitions of: 4 dispute resolution body 5 WA arbitrator 6 (2) In section 9(1) in the definition of this jurisdiction delete 7 "Western Australia;" and insert: 8 9 Western Australia. 10 11 12. Section 20H inserted 12 At the end of Part 6 Division 2 insert: 13 14 20H. Resolution of access disputes commencing before 15 1 July 2018 16 (1) This section applies to an access dispute if the dispute 17 resolution process for the dispute commences before 18 commencement day. 19 (2) Despite anything in the old NGL (WA) provisions or 20 the new NGL (WA) provisions, the access dispute is to 21 be determined in accordance with regulations made 22 under section 21, which may make provision for and in 23 relation to the resolution of such disputes. 24 25 13. Section 21 amended 26 Delete section 21(2) and (3). page 13 National Gas Access (WA) Amendment Bill 2016 Part 3 Amendments commencing on 1 July 2017 s. 14 1 14. Section 22 amended 2 In section 22(1)(a) delete "ERA and the WA arbitrator; and" 3 and insert: 4 5 ERA; and 6 7 15. Schedule 1 clause 3 amended 8 (1) In Schedule 1 clause 3(1) delete "dispute resolution body,". 9 (2) In Schedule 1 clause 3(2) in the insertion delete the definitions 10 of: 11 dispute resolution body 12 WA arbitrator 13 16. Schedule 1 clauses 8 and 9 replaced 14 Delete Schedule 1 clauses 8 and 9 and insert: 15 16 8. Chapter 6 Part 1A inserted 17 At the beginning of Chapter 6 insert: 18 19 Part 1A -- Preliminary 20 177A. Chapter has no effect for certain disputes 21 This Chapter does not have effect as a law of 22 this jurisdiction in relation to access disputes to 23 which section 20H of the National Gas Access 24 (WA) Act 2009 of Western Australia applies. 25 page 14 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 17 1 Part 4 -- Amendments commencing on 1 July 2018 2 17. Long title amended 3 In the long title delete "to amend the Gas Pipelines Access 4 (Western Australia) Act 1998 and various other Acts,". 5 18. Section 1 amended 6 In section 1 delete "Access (WA)" and insert: 7 8 (Western Australia) 9 10 19. Section 3 amended 11 (1) In section 3(1) delete the definitions of: 12 National Gas Access (Western Australia) Law 13 National Gas Access (Western Australia) Regulations 14 (2) In section 3(1) insert in alphabetical order: 15 16 National Gas (WA) Law means the provisions 17 applying because of section 7; 18 National Gas (WA) Regulations means the provisions 19 applying because of section 8; 20 National Gas (WA) Rules means the National Gas 21 Rules as they have effect as a law of the State because 22 of the National Gas (WA) Law section 26; 23 24 (3) In section 3(1) in the definition of South Australian Act delete 25 "of South Australia as amended from time to time." and insert: 26 27 (South Australia). 28 page 15 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 20 1 (4) In section 3(2) delete "Access (Western Australia)" and insert: 2 3 (WA) 4 5 20. Section 4 amended 6 In section 4 delete "Access (Western Australia)" (each 7 occurrence) and insert: 8 9 (WA) 10 11 21. Section 5 amended 12 (1) In section 5(1) delete "Access (Western Australia)" (each 13 occurrence) and insert: 14 15 (WA) 16 17 (2) In section 5(2) in the definition of adjacent area in respect of 18 the State delete "Access (Western Australia)" and insert: 19 20 (WA) 21 22 22. Section 6 amended 23 In section 6 delete "Access (Western Australia)" (each 24 occurrence) and insert: 25 26 (WA) 27 page 16 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 23 1 23. Sections 6A and 6B deleted 2 Delete sections 6A and 6B. 3 24. Part 2 heading replaced 4 Delete the heading to Part 2 and insert: 5 6 Part 2 -- Application of the National Gas Law 7 and regulations 8 9 25. Sections 7 to 8 replaced 10 Delete sections 7 to 8 and insert: 11 12 7. Application of National Gas Law 13 The National Gas Law set out in the Schedule to the 14 South Australian Act, as in force from time to time and 15 as modified to give effect to Schedule 1 -- 16 (a) applies as a law of the State; and 17 (b) as so applying, may be referred to as the 18 National Gas (WA) Law; and 19 (c) as so applying, applies as if it were an Act. 20 8. Application of regulations under National Gas Law 21 The regulations under the South Australian Act Part 3, 22 as in force from time to time and as modified to give 23 effect to regulations made for the purposes of 24 section 22(1)(b) -- 25 (a) apply as a law of the State; and 26 (b) as so applying, may be referred to as the 27 National Gas (WA) Regulations; and page 17 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 26 1 (c) as so applying, apply, as if they were 2 regulations, for the purposes of the National 3 Gas (WA) Law. 4 5 26. Section 9 amended 6 (1) In section 9(1) delete "National Gas Access (Western Australia) 7 Law and the National Gas Access (Western Australia) 8 Regulations --" and insert: 9 10 National Gas (WA) Law and the National Gas (WA) 11 Regulations -- 12 13 (2) In section 9(1) delete the definitions of: 14 ERA pipeline 15 regulator 16 (3) In section 9(1) in the definition of National Gas Law or this 17 Law delete "means the National Gas Access (Western 18 Australia) Law;" and insert: 19 20 means -- 21 (a) the National Gas (WA) Law; or 22 (b) if the contrary intention appears or the context 23 otherwise requires -- the National Gas Law set 24 out in the Schedule to the South Australian Act; 25 26 (4) In section 9(2) delete "Access (Western Australia)" and insert: 27 28 (WA) 29 page 18 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 27 1 (5) In section 9(3) delete "to the National Gas Law as set out in the 2 Schedule to the South Australian Act in its application, with 3 modifications, as a law of Western Australia." and insert: 4 5 to the National Gas (WA) Law, the National Gas (WA) 6 Regulations, the National Gas (WA) Rules or instruments under 7 them. 8 9 Note: The heading to amended section 9 is to read: 10 Interpretation of some terms in National Gas (WA) Law and 11 National Gas (WA) Regulations 12 27. Sections 10 and 11 inserted 13 At the end of Part 2 insert: 14 15 10. Designated pipelines 16 (1) For the purposes of the National Gas (WA) Law and 17 the National Gas (WA) Regulations, a pipeline or part 18 of a pipeline is a designated pipeline if it is prescribed 19 by regulations under this Act to be a designated 20 pipeline. 21 (2) Regulations made for the purposes of subsection (1) 22 must not prescribe a pipeline or part of a pipeline to be 23 a designated pipeline unless the pipeline or part of a 24 pipeline was a designated pipeline for the purposes of 25 the National Gas Access (Western Australia) Law 26 immediately before the coming into operation of the 27 National Gas Access (WA) Amendment Act 2016 28 Part 4. 29 11. Interpretation Act 1984 does not apply 30 The Interpretation Act 1984 does not apply to the 31 National Gas (WA) Law, the National Gas (WA) page 19 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 28 1 Regulations, the National Gas (WA) Rules or 2 instruments under them. 3 4 28. Part 3 deleted 5 Delete Part 3. 6 29. Section 14 amended 7 In section 14 delete "Minister or another agency or 8 instrumentality of this State constituted by a law of this State, 9 the Minister or the other agency or instrumentality --" and 10 insert: 11 12 Minister, the Minister -- 13 14 Note: The heading to amended section 14 is to read: 15 Conferral of functions or powers on State Minister 16 30. Section 17 amended 17 (1) Delete section 17(1) and insert: 18 19 (1) The National Gas (WA) Law Schedule 2 clause 2 has 20 effect in relation to the operation of a provision of this 21 Act, or an instrument under it, as if the provision 22 formed part of that Law. 23 24 (2) In section 17(2) delete "or regulation". page 20 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 31 1 31. Section 19 amended 2 (1) In section 19(3) delete the definition of national provisions and 3 insert: 4 5 national provisions means the National Gas (WA) 6 Law, the National Gas (WA) Regulations and the 7 National Gas (WA) Rules; 8 9 (2) In section 19(3) in the definition of relevant national provisions 10 delete "Access (Western Australia)" and insert: 11 12 (WA) 13 14 32. Section 20 deleted 15 Delete section 20. 16 33. Section 20B amended 17 In section 20B(4) delete "section 21(1A)." and insert: 18 19 section 22(1)(c). 20 21 34. Parts 6A and 7 replaced 22 Delete Parts 6A and 7 and insert: 23 24 Part 7 -- Regulations 25 21. Regulations 26 (1) The Governor may make regulations prescribing all 27 matters that are required or permitted by this Act to be page 21 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 34 1 prescribed, or are necessary or convenient to be 2 prescribed for giving effect to this Act. 3 (2) Regulations may be made for any purpose that is 4 contemplated by the National Gas (WA) Law as a 5 purpose for which regulations may be made under this 6 Act as the application Act of this jurisdiction. 7 (3) The regulations may -- 8 (a) confer functions, or authorise the National Gas 9 (WA) Rules to confer functions, on a person; 10 and 11 (b) provide for the relationship between the 12 Minister, or another Minister of the State, and a 13 person referred to in paragraph (a) in respect of 14 the performance of the functions of the person. 15 (4) A person on whom functions may be conferred under 16 subsection (3)(a) includes a person from time to time 17 holding, acting in or lawfully performing the functions 18 of, an office under a written law. 19 (5) The regulations, or an instrument under them, may 20 apply, adopt or incorporate the whole or a part of a 21 legislative instrument, or other published document, 22 relating to the purposes of this Act -- 23 (a) with or without modifications; or 24 (b) as in force at a particular time or from time to 25 time. 26 22. Regulations: modification of National Gas Law, 27 National Gas Regulations and National Gas Rules 28 (1) The regulations may -- 29 (a) amend Schedule 1, but only to the extent 30 necessary or convenient for the purpose of 31 enabling the effective operation of the National 32 Gas (WA) Law as a law of the State; and page 22 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 35 1 (b) set out modifications to the regulations under 2 the South Australian Act Part 3 for the purposes 3 of section 8; and 4 (c) modify the operation of the National Gas Rules 5 for the purpose of their having effect as a law 6 of the State under the National Gas (WA) Law 7 section 26 or provide for the Minister, by 8 instrument, to do so. 9 (2) Without limiting subsection (1), modifications for the 10 purposes of subsection (1)(b) or (c) may deal with 11 transitional, application and savings matters. 12 (3) Regulations made for the purposes of subsection (1)(c) 13 must not authorise the Minister to make an instrument 14 referred to in that subsection on or after 1 July 2019. 15 (4) As soon as practicable after a modification instrument 16 is made, the Minister must give a copy of the 17 modification instrument to the AEMC. 18 (5) In subsection (4) -- 19 modification instrument means regulations made for 20 the purposes of subsection (1)(c) or an instrument 21 made under such regulations. 22 23 35. Schedule 1 heading replaced 24 Delete the heading to Schedule 1 and the reference after it and 25 insert: 26 27 Schedule 1 -- Modifications to National Gas Law 28 [s. 7] 29 page 23 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 36 1 36. Schedule 1 clauses 1 and 2 replaced 2 Delete Schedule 1 clauses 1 and 2 and insert: 3 4 1. Purpose of this Schedule 5 This Schedule sets out modifications for the purposes of 6 section 7. 7 8 37. Schedule 1 clause 3 amended 9 (1) Delete Schedule 1 clause 3(1) to (3) and insert: 10 11 (1) In section 2 delete the definitions of: 12 old access law 13 Regulations 14 (2) In section 2 insert in alphabetical order: 15 16 old access law means Schedule 1 to the Gas 17 Pipelines Access (Western Australia) Act 1998 of 18 Western Australia as in force from time to time 19 before the commencement of section 30 of the 20 National Gas Access (WA) Act 2009 of Western 21 Australia; 22 Regulations means -- 23 (a) the regulations made under Part 3 of the 24 National Gas (South Australia) Act 2008 25 of South Australia, as they have effect as a 26 law of this jurisdiction because of 27 section 8 of the National Gas (Western 28 Australia) Act 2009 of Western Australia; 29 and 30 (b) if the contrary intention appears or the 31 context otherwise requires -- the 32 regulations made under Part 3 of the page 24 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 37 1 National Gas (South Australia) Act 2008 2 of South Australia; 3 4 (3) In section 2 in the definition of designated pipeline delete 5 "in the application Act" and insert: 6 7 in or under the application Act 8 9 (2) Delete Schedule 1 clause 3(5) and insert: 10 11 (5) At the end of section 2 insert: 12 13 (3) A reference in this Law to the National Gas Rules 14 or the Rules is a reference to the Rules as 15 modified under the National Gas (Western 16 Australia) Act 2009 of Western Australia, unless 17 the contrary intention appears or the context 18 otherwise requires. 19 (4) A reference in the definition of initial National 20 Gas Rules, National Gas Rules or Rules to Rules 21 made under this Law or a provision of this Law -- 22 (a) includes a reference to Rules made before 23 the day on which Part 4 of the National 24 Gas Access (WA) Amendment Act 2016 of 25 Western Australia comes into operation; 26 and 27 (b) is, in relation to Rules made before that 28 day, a reference to Rules made under, or 29 made under the corresponding provision 30 of, this Law as applied as a law of the 31 other participating jurisdictions. 32 page 25 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 38 1 38. Schedule 1 clauses 4 to 7 replaced 2 In Schedule 1 delete clauses 4 to 7 and insert: 3 4 4. Section 3 modified 5 (1) In section 3 in the Table delete items 2A to 2G. 6 (2) In section 3 in the Table delete items 18 and 19. 7 5. Section 4 modified 8 In section 4 in the Table delete items A1 to A3. 9 6. Section 6 modified 10 (1) Delete section 6(1)(b)(ia). 11 (2) In section 6(2)(b) delete "Rules, the National Energy 12 Retail Law or the National Energy Retail Rules" and 13 insert: 14 15 Rules 16 17 7. Section 24A inserted 18 At the end of Part 3 Division 2 insert: 19 20 24A. Reference tariff for small use customers 21 (1) In this section -- 22 delivery point means a point on a distribution 23 pipeline at which gas is withdrawn from the 24 pipeline and delivered to an end user; 25 reference tariff variation mechanism has the 26 meaning given by the Rules; 27 small delivery point means a delivery point at 28 which gas is delivered to a user for delivery 29 by the user to a small use customer; page 26 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 38 1 small delivery service means a reference 2 service to the extent that it is or may be used 3 for the delivery of gas to a small delivery 4 point; 5 small use customer means an end user -- 6 (a) to whom gas is delivered at a delivery 7 point; and 8 (b) to whom less than 1 terajoule of gas is 9 delivered at that delivery point in any 10 12-month period; and 11 (c) who is not a user; 12 tariff area means one of the following areas 13 as defined in regulation 4(1) of the Energy 14 Coordination (Gas Tariffs) Regulations 2000 15 of Western Australia -- 16 (a) the Albany area; 17 (b) the Kalgoorlie-Boulder area; 18 (c) the Mid-West/South-West area. 19 (2) This section applies despite anything to the 20 contrary in this Law or the Rules. 21 (3) This section applies only in relation to a 22 distribution pipeline. 23 (4) A reference tariff for any small delivery 24 service provided for in an access arrangement 25 for a distribution pipeline must not vary 26 according to the geographical location of the 27 small delivery point to which the gas is 28 delivered. 29 (5) A reference tariff for any small delivery 30 service provided for in an access arrangement 31 (arrangement A) for a distribution pipeline 32 must be the same as the reference tariff for page 27 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 38 1 the equivalent reference service provided for 2 in any access arrangement that -- 3 (a) applies to a distribution pipeline -- 4 (i) that is operated by the same 5 service provider as the pipeline to 6 which arrangement A relates; and 7 (ii) by means of which gas is or may 8 be delivered to small delivery 9 points anywhere in the tariff area 10 in which gas is or may be 11 delivered by means of a small 12 delivery service provided for in 13 arrangement A; 14 and 15 (b) is not an access arrangement that is 16 to be revised or varied by 17 arrangement A. 18 (6) This section does not permit the approval of 19 an access arrangement that does not include a 20 reference tariff variation mechanism in 21 accordance with the Rules. 22 23 7A. Section 26 modified 24 In section 26 delete "Rules have the force of law in" and 25 insert: 26 27 Rules, as modified under the National Gas (Western 28 Australia) Act 2009 of Western Australia, have effect as a 29 law of 30 31 7B. Section 64 modified 32 Delete section 64(4A). page 28 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 38 1 7C. Section 66 modified 2 In section 66: 3 (a) in paragraph (b) delete "Rules; or" and insert: 4 5 Rules. 6 7 (b) delete paragraph (c). 8 7D. Section 84 modified 9 (1) In section 84 delete "The AEMC" and insert: 10 11 (1) Subject to subsection (2), the AEMC 12 13 (2) At the end of section 84 insert: 14 15 (2) The AEMC must update the copies of the 16 National Gas Rules referred to in 17 subsection (1) to reflect each modification 18 provided for by a modification instrument -- 19 (a) if notified of the making of the 20 modification instrument at least 10 21 business days before the modification 22 commences -- on the day the 23 modification commences; or 24 (b) otherwise -- within 10 business days 25 of being notified of the making of the 26 modification instrument. 27 (3) In this section -- 28 modification means a modification to the 29 National Gas Rules under the National Gas 30 (Western Australia) Act 2009 of Western 31 Australia; page 29 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 38 1 modification instrument means a regulation 2 made for the purposes of section 22(1)(c) of 3 the National Gas (Western Australia) 4 Act 2009 or an instrument made under such 5 regulations; 6 notified means notified by the Minister of this 7 jurisdiction. 8 9 7E. Chapter 2 Part 6 Division 1A inserted 10 At the beginning of Chapter 2 Part 6 insert: 11 12 Division 1A -- Preliminary 13 91AA. Part has no effect 14 This Part does not have effect as a law of this 15 jurisdiction. 16 17 7F. Chapter 2 Part 7 Division 1A inserted 18 At the beginning of Chapter 2 Part 7 insert: 19 20 Division 1A -- Preliminary 21 91KE. Part has no effect 22 This Part does not have effect as a law of this 23 jurisdiction. 24 page 30 National Gas Access (WA) Amendment Bill 2016 Amendments commencing on 1 July 2018 Part 4 s. 39 1 39. Schedule 1 clause 8 amended 2 In Schedule 1 clause 8 in the insertion delete "Access (WA)" and 3 insert: 4 5 (Western Australia) 6 7 40. Schedule 1 clauses 10 to 13 replaced 8 Delete Schedule 1 clauses 10 to 13 and insert: 9 10 10. Chapter 7 Part 1A inserted 11 At the beginning of Chapter 7 insert: 12 13 Part 1A -- Preliminary 14 216A. Chapter has no effect 15 This Chapter does not have effect as a law of 16 this jurisdiction. 17 18 11. Section 270A modified 19 After section 270A(f) insert: 20 21 (fa) if this Law is applied as a law of Western 22 Australia and a rule dispute is heard and 23 determined in that State -- 24 (i) a reference to the procedural Parts of 25 the Commercial Arbitration Act is a 26 reference to Parts 5 and 6 of the 27 Commercial Arbitration Act 2012 of 28 Western Australia; and page 31 National Gas Access (WA) Amendment Bill 2016 Part 4 Amendments commencing on 1 July 2018 s. 41 1 (ii) a reference to the review provisions of 2 the Commercial Arbitration Act is a 3 reference to Part 7 of that Act; 4 5 12. Section 290 modified 6 In section 290 in the definition of gas market regulatory 7 body delete paragraph (c). 8 9 41. Schedule 1 clauses 15 to 17 deleted 10 Delete Schedule 1 clauses 15 to 17. 11
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