Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gas Pipelines Access (Victoria) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
3. Definitions 2
4. Crown to be bound 3
5. Application to coastal waters 4
6. Extra-territorial operation 4
PART 2--GAS PIPELINES ACCESS (VICTORIA) LAW AND GAS
PIPELINES ACCESS (VICTORIA) REGULATIONS 5
7. Application in Victoria of the Gas Pipelines Access Law 5
8. Application of Regulations under Gas Pipelines Access Law 5
9. Interpretation of some expressions in the Gas Pipelines Access
(Victoria) Law and Gas Pipelines Access (Victoria) Regulations 5
PART 3--NATIONAL ADMINISTRATION AND
ENFORCEMENT 7
Division 1--Conferral of functions and powers 7
10. Conferral of functions on Commonwealth Minister and
Commonwealth bodies 7
11. Conferral of power on Commonwealth Minister and
Commonwealth bodies to do acts in this State 7
12. Conferral of power on Ministers, Regulators and appeals bodies
of other scheme participants 7
13. Conferral of functions on Code Registrar 8
14. Functions and powers conferred on Victorian Minister, Regulator
and appeals body 8
Division 2--Federal Court 9
15. Jurisdiction of Federal Court 9
16. Conferral of jurisdiction on Federal Court not to affect cross-
vesting 9
Division 3--Administrative decisions 9
i
532011B.I1-8/4/98
Clause Page
17. Application of Commonwealth AD(JR) Act 9
18. Application of Commonwealth AD(JR) Act in relation to other
scheme participants 10
PART 4--GENERAL 12
19. Exemption from taxes 12
20. Actions in relation to cross-boundary pipelines 12
21. Application of Office of the Regulator-General Act 1994 13
22. Proceedings in respect of Law 14
23. Supreme Court--limitation of jurisdiction 15
PART 5--CONSEQUENTIAL AMENDMENTS 16
24. Transitional 16
25. Gas Industry Act 1994 16
26. Interpretation of Legislation Act 1984 17
27. New section 38BA inserted 17
38BA. References to Gas Pipelines Access Law 17
NOTES 19
ii
532011B.I1-8/4/98
PARLIAMENT OF VICTORIA
A BILL
to make provision for the regulation of third party access to natural
gas pipeline systems, to amend the Gas Industry Act 1994 and for
other purposes.
Gas Pipelines Access (Victoria) Act 1998
Preamble
The Council of Australian Governments agreed, in February
1994, to general principles of competition policy reform to
enable third parties, in particular circumstances, to gain
access to essential facilities.
The Council of Australian Governments, as part of that
commitment to reform, agreed to more specific proposals
for the development of free and fair trade in natural gas.
The Commonwealth, the States of New South Wales,
Victoria, Queensland, South Australia, Western Australia
and Tasmania, the Northern Territory and the Australian
Capital Territory agreed in November 1997 to the
enactment of legislation in the Commonwealth and those
States and Territories so that a uniform national framework
applies for third party access to all gas pipelines that--
1
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 1
Act No.
(a) facilitates the development and operation of a national
market for natural gas; and
(b) prevents abuse of monopoly power; and
(c) promotes a competitive market for natural gas in which
customers may choose suppliers, including producers,
retailers and traders; and
(d) provides rights of access to natural gas pipelines on
conditions that are fair and reasonable for the owners
and operators of gas transmission and distribution
pipelines and persons wishing to use the services of
those pipelines; and
(e) provides for resolution of disputes.
The Parliament of Victoria therefore enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make provision for
the regulation of third party access to natural gas
5 pipeline systems.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
10 operation on a day or days to be proclaimed.
3. Definitions
(1) In this Act--
"Gas Pipelines Access Law" means--
(a) Schedule 1 to the South Australian
15 Act--
(i) as enacted; or
2
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 4
Act No.
(ii) if amended, as amended and in
force for the time being; and
(b) the National Third Party Access Code
for Natural Gas Pipeline Systems (a
5 copy of which, as agreed by the
Council of Australian Governments on
7 November 1997, is set out in
Schedule 2 to the South Australian Act)
or, if that Code is amended in
10 accordance with Schedule 1 to that Act,
that Code as so amended and in force
for the time being;
"Gas Pipelines Access (Victoria) Law" means
the provisions applying because of section 7;
15 "Gas Pipelines Access (Victoria) Regulations"
means the provisions applying because of
section 8;
"South Australian Act" means the Gas Pipelines
Access (South Australia) Act 1997 of South
20 Australia.
(2) Words and expressions used in Schedule 1 to the
South Australian Act, as applying because of
section 7, and in this Act have the same respective
meanings in this Act as they have in that Schedule
25 as so applying.
(3) Sub-section (2) does not apply to the extent that
the context or subject matter otherwise indicates
or requires.
4. Crown to be bound
30 This Act, the Gas Pipelines Access (Victoria) Law
and the Gas Pipelines Access (Victoria)
Regulations bind the Crown, not only in the right
of Victoria but also, so far as the legislative power
of the Parliament permits, the Crown in all its
35 other capacities.
3
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 5
Act No.
5. Application to coastal waters
(1) This Act, the Gas Pipelines Access (Victoria) Law
and the Gas Pipelines Access (Victoria)
Regulations apply in the coastal waters of this
5 State.
(2) In sub-section (1)--
"coastal waters", in relation to this State, means
any sea that is on the landward side of the
adjacent area of this State but is not within
10 the limits of this State.
6. Extra-territorial operation
(1) It is the intention of the Parliament that the
operation of this Act, the Gas Pipelines Access
(Victoria) Law and the Gas Pipelines Access
15 (Victoria) Regulations should, as far as possible,
include operation in relation to the following--
(a) things situated in or outside this State;
(b) acts, transactions and matters done, entered
into or occurring in or outside this State;
20 (c) things, acts, transactions and matters
(wherever situated, done, entered into or
occurring) that would, apart from this Act,
be governed or otherwise affected by the law
of another State, a Territory, the
25 Commonwealth or a foreign country.
(2) Nothing in sub-section (1) has effect in relation to
a pipeline to the extent that the pipeline is
situated, or partly situated, beyond the
jurisdictional areas of all the scheme participants.
30 _______________
4
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 7
Act No.
PART 2--GAS PIPELINES ACCESS (VICTORIA) LAW AND
GAS PIPELINES ACCESS (VICTORIA) REGULATIONS
7. Application in Victoria of the Gas Pipelines Access
Law
5 The Gas Pipelines Access Law--
(a) applies as a law of Victoria; and
(b) as so applying may be referred to as the Gas
Pipelines Access (Victoria) Law.
8. Application of Regulations under Gas Pipelines
10 Access Law
The Regulations in force for the time being under
Part 3 of the South Australian Act--
(a) apply as Regulations in force for the
purposes of the Gas Pipelines Access
15 (Victoria) Law; and
(b) as so applying may be referred to as the Gas
Pipelines Access (Victoria) Regulations.
9. Interpretation of some expressions in the Gas
Pipelines Access (Victoria) Law and Gas Pipelines
20 Access (Victoria) Regulations
(1) In the Gas Pipelines Access (Victoria) Law and
the Gas Pipelines Access (Victoria) Regulations--
"Code" means the National Third Party Access
Code for Natural Gas Pipeline Systems (a
25 copy of which, as agreed by the Council of
Australian Governments on 7 November
1997, is set out in Schedule 2 to the South
Australian Act) or, if that Code is amended
in accordance with Schedule 1 to that Act,
30 that Code as so amended and in force for the
time being, as it applies because of section 7
of this Act as a law of Victoria;
5
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 9
Act No.
"the Court" means the Supreme Court or the
Federal Court;
"designated appeals body" means the Australian
Competition Tribunal;
5 "designated Minister" means the
Commonwealth Minister;
"Gas Pipelines Access Law" or "this Law"
means the Gas Pipelines Access (Victoria)
Law;
10 "Legislature" means the Parliament of Victoria;
"local appeals body" means an appeal panel
referred to in section 21(2) of this Act;
"local Minister" means the Minister responsible
for the administration of this Act;
15 "local Regulator" means the Office of the
Regulator-General;
"this scheme participant" means the State of
Victoria;
"Supreme Court" means the Supreme Court of
20 Victoria.
(2) The Acts Interpretation Act 1915, and other Acts,
of South Australia do not apply to--
(a) the Gas Pipelines Access Law set out in
Schedule 1 to the South Australian Act in its
25 application as a law of Victoria; or
(b) the regulations in force for the time being
under Part 3 of the South Australian Act in
their application as Regulations in force for
the purposes of the Gas Pipelines Access
30 (Victoria) Law.
_______________
6
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 10
Act No.
PART 3--NATIONAL ADMINISTRATION AND
ENFORCEMENT
Division 1--Conferral of functions and powers
10. Conferral of functions on Commonwealth Minister
5 and Commonwealth bodies
(1) The Commonwealth Minister, the ACCC, the
NCC and the Australian Competition Tribunal
have the functions and powers conferred or
expressed to be conferred on them respectively
10 under the Gas Pipelines Access (Victoria) Law.
(2) In addition to the powers mentioned in sub-
section (1), the Commonwealth Minister and the
bodies referred to in that sub-section have power
to do all things necessary or convenient to be done
15 in connection with the performance or exercise of
the functions and powers referred to in that
sub-section.
11. Conferral of power on Commonwealth Minister and
Commonwealth bodies to do acts in this State
20 The Commonwealth Minister, the ACCC, the
NCC and the Australian Competition Tribunal
have power to do acts in or in relation to this State
in the performance or exercise of a function or
power expressed to be conferred on them
25 respectively by the gas pipelines access legislation
of another scheme participant.
12. Conferral of power on Ministers, Regulators and
appeals bodies of other scheme participants
The local Minister, the local Regulator and the
30 local appeals body within the meaning of the gas
pipelines access legislation of another scheme
participant have power to do acts in or in relation
to this State in the performance or exercise of a
7
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 13
Act No.
function or power expressed to be conferred on
them respectively by the gas pipelines access
legislation of that other scheme participant.
13. Conferral of functions on Code Registrar
5 (1) The Code Registrar--
(a) has the functions and powers conferred or
expressed to be conferred on the Code
Registrar under the Gas Pipelines Access
(Victoria) Law or under the National Gas
10 Agreement; and
(b) has any other functions and powers
conferred on the Code Registrar by
unanimous resolution of the relevant
Ministers of the scheme participants.
15 (2) In addition to the powers mentioned in sub-
section (1), the Code Registrar has power to do all
things necessary or convenient to be done in
connection with the performance or exercise of
the functions and powers referred to in that sub-
20 section.
14. Functions and powers conferred on Victorian
Minister, Regulator and appeals body
If the gas pipelines access legislation of another
scheme participant confers a function or power
25 on--
(a) the Minister; or
(b) the Office of the Regulator-General; or
(c) an appeal panel constituted under the Office
of the Regulator-General Act 1994--
30 the Minister, Office or panel--
(d) may perform that function or exercise that
power; and
8
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 15
Act No.
(e) may do all things necessary or convenient to
be done in connection with the performance
or exercise of that function or power.
Division 2--Federal Court
5 15. Jurisdiction of Federal Court
Jurisdiction is conferred on the Federal Court with
respect to--
(a) civil and criminal matters arising under the
Gas Pipelines Access (Victoria) Law; and
10 (b) applications made to the Federal Court under
the Administrative Decisions (Judicial
Review) Act 1977 of the Commonwealth as
applying as a law of this State under section
17 or 18.
15 16. Conferral of jurisdiction on Federal Court not to
affect cross-vesting
Section 15 does not affect the operation of any
law relating to cross-vesting of jurisdiction.
Division 3--Administrative decisions
20 17. Application of Commonwealth AD(JR) Act
(1) The Administrative Decisions (Judicial Review)
Act 1977 of the Commonwealth applies as a law
of this State to any matter arising in relation to a
decision of a Code body under the Gas Pipelines
25 Access (Victoria) Law as if that Law were an
enactment within the meaning of that Act and not
a law of this State.
(2) For the purposes of the application of the
Administrative Decisions (Judicial Review) Act
30 1977 of the Commonwealth as a law of this State,
a matter arising in relation to a decision of a Code
9
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 18
Act No.
body under the Gas Pipelines Access (Victoria)
Law--
(a) is taken to be a matter arising in relation to
laws of the Commonwealth in the same way
5 as if the Gas Pipelines Access (Victoria)
Law were a law of the Commonwealth; and
(b) is taken not to be a matter arising in relation
to laws of this State.
(3) In this section, "Code body" means--
10 (a) the NCC;
(b) the ACCC;
(c) the Australian Competition Tribunal;
(d) the local appeals body within the meaning of
the Gas Pipelines Access (Victoria) Law;
15 (e) the local Minister within the meaning of the
Gas Pipelines Access (Victoria) Law;
(f) the local Regulator within the meaning of the
Gas Pipelines Access (Victoria) Law;
(g) an arbitrator appointed under Part 4 of the
20 Gas Pipelines Access (Victoria) Law.
18. Application of Commonwealth AD(JR) Act in relation
to other scheme participants
(1) The Administrative Decisions (Judicial Review)
Act 1977 of the Commonwealth applies as a law
25 of this State to any matter arising in relation to a
decision of a Code body under the gas pipelines
access legislation of another scheme participant as
if that legislation were an enactment within the
meaning of that Act and not a law of that scheme
30 participant.
(2) For the purposes of the application of the
Administrative Decisions (Judicial Review) Act
1977 of the Commonwealth as a law of this State,
10
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 18
Act No.
a matter arising in relation to a decision of a Code
body under the gas pipelines access legislation of
another scheme participant--
(a) is taken to be a matter arising in relation to
5 laws of the Commonwealth in the same way
as if that legislation were a law of the
Commonwealth; and
(b) is taken not to be a matter arising in relation
to laws of that scheme participant.
10 (3) This section does not require, prohibit, empower,
authorise or otherwise provide for, the doing of an
act outside this State.
(4) In this section, "Code body" means--
(a) the NCC;
15 (b) the ACCC;
(c) the Australian Competition Tribunal;
(d) the local appeals body within the meaning of
the Gas Pipelines Access (Victoria) Law;
(e) the local Minister within the meaning of the
20 Gas Pipelines Access (Victoria) Law;
(f) the local Regulator within the meaning of the
Gas Pipelines Access (Victoria) Law;
(g) an arbitrator appointed under Part 4 of the
Gas Pipelines Access (Victoria) Law.
25 _______________
11
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 19
Act No.
PART 4--GENERAL
19. Exemption from taxes
(1) Any stamp duty or other tax imposed by or under
a law of this State is not payable in relation to--
5 (a) an exempt matter; or
(b) anything done (including, for example, a
transaction entered into or an instrument or
document made, executed, lodged or given)
because of, or arising out of, an exempt
10 matter.
(2) In this section--
"exempt matter" means a transfer of assets or
liabilities that the Minister and the Treasurer
are satisfied is made for the purpose of
15 ensuring that a person does not carry on a
business of producing, purchasing or selling
natural gas in breach of the Code or for the
purpose of the separation of certain activities
from other activities of a person as required
20 by the Code, and for no other purpose.
20. Actions in relation to cross-boundary pipelines
(1) If a pipeline is a cross-boundary pipeline, any
action taken under the gas pipelines access
legislation of a scheme participant in whose
25 jurisdictional area a part of the pipeline is
situated--
(a) by, or in relation to, a relevant Minister, or a
relevant Regulator, within the meaning of
that legislation; or
30 (b) by, or in relation to, an arbitrator appointed
by a relevant Regulator within the meaning
of that legislation; or
12
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 21
Act No.
(c) by the Federal Court, or by the Supreme
Court, or the relevant appeals body, within
the meaning of that legislation, in relation to
the action taken by, or in relation to, a person
5 or body referred to in paragraph (a) or (b)--
is taken also to be action taken under the gas
pipelines access legislation of each other scheme
participant in whose jurisdictional area a part of
the pipeline is situated ("that other
10 legislation")--
(d) by, or in relation to, a relevant Minister, or
relevant Regulator, within the meaning of
that other legislation; or
(e) by, or in relation to, an arbitrator appointed
15 by a relevant Regulator within the meaning
of that other legislation; or
(f) by the Federal Court, or by the Supreme
Court, or relevant appeals body, within the
meaning of that other legislation--
20 as the case requires.
(2) In this section--
"cross-boundary pipeline" means a transmission
pipeline, or a distribution pipeline, that is, or
is to be, situated in the jurisdictional areas of
25 2 or more scheme participants.
(3) A reference in this section to an action that is
taken includes a reference to a decision that is
made.
21. Application of Office of the Regulator-General Act
30 1994
(1) For the purposes of the Office of the Regulator-
General Act 1994--
13
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 22
Act No.
(a) this Act, the Gas Pipelines Access (Victoria)
Law and the Gas Pipelines Access (Victoria)
Regulations are relevant legislation; and
(b) the gas industry is a regulated industry.
5 (2) A local appeals body within the meaning of
section 9 is an appeal panel consisting of 3
persons appointed by the Minister administering
the Office of the Regulator-General Act 1994,
constituted in accordance with section 38(2) of
10 that Act.
(3) Regulations under section 38(7) of the Office of
the Regulator-General Act 1994 apply to a local
appeals body within the meaning of section 9 of
this Act.
15 (4) Except as provided by sub-sections (2) and (3) of
this section, Parts 3A and 4 and sections 35, 37
and 38 of the Office of the Regulator-General
Act 1994 do not apply in relation to this Act.
(5) The Office of the Regulator-General, in its
20 capacity as the local Regulator within the meaning
of the Gas Pipelines Access (Victoria) Law--
(a) may perform and exercise only such
functions and powers as are conferred on it
by that Law or by the gas pipelines access
25 legislation of another scheme participant;
and
(b) is not subject to the control or direction of
the Minister administering the Office of the
Regulator-General Act 1994 in the
30 performance or exercise of any such function
or power.
22. Proceedings in respect of Law
(1) Except as otherwise provided in Part 5 of the Gas
Pipelines Access (Victoria) Law--
14
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 23
Act No.
(a) a person may not bring civil proceedings in
respect of a matter arising under that Law
except in accordance with Part 5 or 6 of that
Law; and
5 (b) criminal proceedings do not lie against a
person by reason only that the person--
(i) has contravened a provision of that
Law; or
(ii) has attempted to contravene such a
10 provision; or
(iii) has aided, abetted, counselled or
procured a person to contravene such a
provision; or
(iv) has induced, or attempted to induce, a
15 person, whether by threats or promises
or otherwise, to contravene such a
provision; or
(v) has been in any way, directly or
indirectly, knowingly concerned in, or
20 party to, the contravention by a person
of such a provision; or
(vi) has conspired with others to contravene
such a provision.
(2) Sub-section (1)(b) does not apply in respect of a
25 provision of the Gas Pipelines Access (Victoria)
Law for an offence against which a penalty is
prescribed by that Law.
23. Supreme Court--limitation of jurisdiction
It is the intention of section 22 to alter or vary
30 section 85 of the Constitution Act 1975.
_______________
15
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 24
Act No.
PART 5--CONSEQUENTIAL AMENDMENTS
24. Transitional
(1) Arbitration or legal proceedings under Part 4B of
the Gas Industry Act 1994 relating to a Code
5 pipeline within the meaning of the Gas Pipelines
Access (Victoria) Law that have commenced but
not been completed when an access arrangement
is approved in relation to the pipeline under that
Law may be continued under Part 4B of that Act
10 as if an access arrangement had not been so
approved.
(2) For the purposes of this section, arbitration
proceedings are taken to have commenced under
Part 4B of the Gas Industry Act 1994 if a person
15 has, in accordance with that Part, notified the
Regulator that an access dispute exists.
(3) An award of an arbitrator under Part 4B of the
Gas Industry Act 1994 relating to a Code
pipeline within the meaning of the Gas Pipelines
20 Access (Victoria) Law has effect as a
determination of an arbitrator under that Law.
25. Gas Industry Act 1994
In the Gas Industry Act 1994--
(a) in section 3--
25 (i) omit the definition of "Access Code";
(ii) in the definition of "civil penalty
provision", paragraph (b) is repealed;
(iii) in the definition of "conduct provision",
paragraph (b) is repealed;
30 (iv) in the definition of "regulatory
provision", paragraph (b) is repealed;
(b) in section 6D(1), omit ", the Access Code";
16
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 26
Act No.
(c) in section 8A(a), for "Parts 4A and 4B are"
substitute "Part 4A is";
(d) in section 8B--
(i) for "Parts 4A and 4B" substitute "Part
5 4A";
(ii) paragraph (b) is repealed;
(e) in section 48A(5), for "Access Code"
substitute "Code within the meaning of the
Gas Pipelines Access (Victoria) Law";
10 (f) in section 48F(2), paragraph (a) is repealed;
(g) Part 4B is repealed;
(h) in section 102(1A), omit "or the Access
Code".
26. Interpretation of Legislation Act 1984
15 After section 32(1)(j) of the Interpretation of
Legislation Act 1984 insert--
"(ja) the Gas Pipelines Access (Victoria) Law;".
27. New section 38BA inserted
After section 38B of the Interpretation of
20 Legislation Act 1984 insert--
'38BA. References to Gas Pipelines Access Law
In an Act or subordinate instrument--
"Gas Pipelines Access (Victoria) Law"
means the provisions applying because
25 of section 7 of the Gas Pipelines
Access (Victoria) Act 1998;
17
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
s. 27
Act No.
"Gas Pipelines Access (Victoria)
Regulations" means the provision
applying because of section 8 of the
Gas Pipelines Access (Victoria) Act
5 1998.'.
18
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
19
532011B.I1-8/4/98
Gas Pipelines Access (Victoria) Act 1998
Act No.
20
532011B.I1-8/4/98
[Index] [Search] [Download] [Related Items] [Help]