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


GAS PIPELINES ACCESS (VICTORIA) BILL 1998

                    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

 


 

 


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