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This is a Bill, not an Act. For current law, see the Acts databases.


NATIONAL GAS ACCESS (WA) AMENDMENT BILL 2016

                        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




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                  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.




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                           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;


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     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)


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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".




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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


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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

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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




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     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


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                                                                                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




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     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;

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                                                             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



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     National Gas Access (WA) Amendment Bill 2016
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     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).



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                                                                              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;



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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




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                                                                                   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




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     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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