National Gas (Victoria) Act 2008
Version No. 001
National Gas (Victoria) Act 2008
No. 30 of 2008
Version incorporating amendments as at 1 July 2008
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Crown to be bound
5Application to coastal waters
6Extra-territorial operation
Part 2—National Gas (Victoria) Law and National Gas (Victoria) Regulations
7Application of National Gas Law
8Application of Regulations under National Gas Law
9Interpretation of some expressions in National Gas (Victoria) Law and National Gas (Victoria) Regulations
Part 3—Cross Vesting of Powers
10Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State
11Conferral of powers on Ministers of participating States and Territories to act in this State
12Conferral of functions or powers on State Minister
Part 4—General
13Exemption from taxes
14Actions in relation to cross boundary pipelines
15Conferral of functions and powers on Commonwealth bodies
16Supreme Court—limitation of jurisdiction
Part 5—Specific Victorian Transitional Arrangements
Division 1—Interpretation
17Definitions
18Meaning of gas distribution system regulatory duty
19Meaning of gas distribution system regulatory function or
power
20Specification of Gas Distribution System Code provisions by Minister
21Role of Interpretation of Legislation Act 1984
Division 2—Current and pending Victorian gas distribution
system access arrangement revisions
22Transitional clauses in NGL relating to distribution pipeline services access arrangements do not apply
23Gas distribution access arrangements under review
24Gas distribution access arrangement revision decisions under review
25Revised gas distribution access arrangements become full
access arrangements under NGL
26Certain provisions of the Access Code to continue to apply to revised gas distribution access arrangement
27Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of National Gas (Victoria) Law
Division 3—AER functions, powers and duties under State instruments
28Certain ESC functions, powers and duties conferred and
imposed on the AER
29ESC ceases to have distribution pipeline services related regulatory functions, powers and duties
30Enforcement by AER of certain provisions of Victorian distribution licences
31ESC cannot enforce certain gas distribution licence conditions that the AER can enforce
32AER may request amendment of Gas Distribution System
Code or ESC Guideline No. 17
33Appeals against certain decisions or actions of the AER
34Provision of information and assistance by ESC to the AER
Division 4—Miscellaneous matters
35Consolidated access arrangements not permitted in respect of 2
or more covered distribution pipelines
36GPAL obligation comply with published general accounting guidelines continues
37ESC Guideline No. 17 becomes a regulatory information order after specified day
38Matters to be taken into account when AER makes or prepares regulatory information instruments
Part 6—Repeals and Amendments
Division 1—Repeal of Gas Pipelines Access (Victoria) Act1998
39Repeal
Division 2—Amendment of this Act when Offshore Petroleum Act 2006 of the Commonwealth commences
40Amendment of section 9 of this Act—New definitions
substituted
Division 3—Other amendments
41Gas Industry Act 2001—References to Access Code
42Interpretation of Legislation Act 1984—New references to National Gas (Victoria) Law and Regulations substituted
38BAReferences to National Gas Law
43Pipelines Act 2005—Reference to Gas Pipelines Access (Victoria) Act 1998
44Federal Courts (State Jurisdiction) Act 1999—Reference to Gas Pipelines Access (Victoria) Act 1998
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
National Gas (Victoria) Act 2008
No. 30 of 2008
Version incorporating amendments as at 1 July 2008
1
National Gas (Victoria) Act 2008
No. 30 of 2008
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to provide for the establishment of a national framework to enable third parties to gain access to certain natural gas pipeline services.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
National Gas (Victoria) Lawmeans the provisions applying because of section 7;
National Gas (Victoria) Regulationsmeans the provisions applying because of section 8;
South Australian Actmeans the National Gas (South Australia) Act 2008of South Australia.
(2)Words and expressions used in the National Gas (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.
(3)This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
4Crown to be bound
This Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations bind the Crown, not only in right of Victoriabut also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
5Application to coastal waters
(1)This Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.
(2)In this section—
adjacent area in respect of the Statemeans the adjacent area of this jurisdiction under the National Gas (Victoria) Law(as defined by section 9(1) of this Act);
coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.
6Extra-territorial operation
s. 4
It is the intention of the Parliament that this Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations should, so far as possible, operate to the full extent of the extra-territorial legislative power of the State.
______
Part 2—National Gas (Victoria) Law and National Gas (Victoria) Regulations
7Application of National Gas Law
s. 7
The National Gas Law set out in the Schedule to the South Australian Act, as in force for the time being—
(a)applies as a law of Victoria; and
(b)as so applying may be referred to as the National Gas (Victoria) Law.
8Application of Regulations under National Gas Law
The Regulations in force for the time being under Part 3 of the South Australian Act—
(a) apply as regulations in force for the purposes of the National Gas (Victoria) Law; and
(b)as so applying may be referred to as the National Gas (Victoria) Regulations.
9Interpretation of some expressions in National Gas (Victoria) Law and National Gas (Victoria) Regulations
(1)In the National Gas (Victoria) Law and the National Gas (Victoria) Regulations—
S.9(1) def. of adjacentareaof another participating jurisdiction substituted by No. 30/2008 s.40.
adjacent area of another participating jurisdictionmeans the offshore area of a State (other than this State) or the Northern Territory within the meaning of section 7 of the Offshore Petroleum Act 2006of the Commonwealth;
S.9(1) def. of adjacent area of this jurisdiction substituted by No. 30/2008 s.40.
adjacent area of this jurisdictionmeans the offshore area of the State within the meaning of section 7 of the Offshore Petroleum Act 2006 of the Commonwealth;
Court means the Supreme Court of Victoria;
designated Ministermeans the Commonwealth Minister;
Legislature of this jurisdictionmeans the Parliament of Victoria;
National Gas Law or this Law means the National Gas (Victoria) Law;
this jurisdictionmeans the State of Victoria.
(2)The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—
(a)the National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Victoria; or
s. 9
(b)the regulations in force for the time being under Part 3 of the South Australian Act in their application as Regulations in force for the purposes of the National Gas (Victoria) Law.
______
Part 3—Cross Vesting of Powers
10Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State
s. 10
(1)The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.
(2)In this section—
Commonwealth bodiesmeans any of the following—
(a)AER; and
(b)NCC; and
(c)the Tribunal.
11Conferral of powers on Ministers of participating States and Territories to act in this State
The Minister of a participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.
12Conferral of functions or powers on State Minister
s. 12
If the national gas legislation of another participating jurisdiction confers a function or power on the Minister, the Minister—
(a)may perform that function or exercise that power; and
(b)may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.
______
Part 4—General
13Exemption from taxes
s. 13
(1)Any duty or other tax imposed by or under a law of this State is not payable in relation to—
(a)an exempt matter; or
(b)anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.
(2)In this section—
exempt mattermeans a transfer of assets or liabilities—
(a)that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of the national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and
(b)that the Minister and the Treasurer declare from time to time by notice published in the Government Gazette to be an exempt matter for the purposes of this section.
14Actions in relation to cross boundary pipelines
s. 14
(1)If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated—
(a)by, or in relation to, a relevant Minister; or
(b)by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister—
is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (that other legislation)—
(c)by, or in relation to, a relevant Minister within the meaning of that other legislation; or
(d)by the Court within the meaning of that other legislation—
as the case requires.
(2)Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.
(3)A reference in this section—
(a)to an action that is taken includes a reference to—
(i)a decision or determination that is made; or
(ii)an omission that is made;
(b)to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.
(4)In this section—
cross boundary pipelinemeans—
(a)a cross boundary transmission pipeline; or
(b)a cross boundary distribution pipeline.
15Conferral of functions and powers on Commonwealth bodies
s. 15
(1)Clause 2 of Schedule 2 to the National Gas (Victoria) Law will have effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Gas (Victoria) Regulations, as if the provision or regulation formed part of the National Gas (Victoria) Law.
(2)Subsection (1) does not limit the effect that a provision or Regulation would validly have apart from the subsection.
16Supreme Court—limitation of jurisdiction
It is the intention of section 14(2) to alter or vary section 85 of the Constitution Act 1975.
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Part 5—Specific Victorian Transitional Arrangements
Division 1—Interpretation
17Definitions
s. 17
In this Part—
Access Code means the Code within the meaning of the Gas Pipelines Access (Victoria) Law;
AER approved full access arrangement means a full access arrangement approved by the AER under the Rules;
designated distribution pipeline means a designated pipeline that is a distribution pipeline;
Note
The National Gas (Victoria) Regulations prescribe which pipelines in Victoria are designated pipelines.
distribution licence means a licence issued under section 26 of the Gas Industry Act 2001 thatauthorises the holder of the licence to provide distribution pipeline services;
distribution pipeline service means a service (other than the sale of gas by retail) provided by means of a GIA distribution pipeline;
ESC guideline No. 17 means the document entitled "Gas Industry Guideline No. 17 Regulatory Accounting Information Requirements" published on 13 July 2005 by the ESC as that guideline is amended and in force from time to time;
Essential Services Commission or ESC means the Essential Services Commission established under section7 of the Essential Services Commission Act 2001;
gas distribution access arrangement revision decisionmeans a final decision of the relevant Regulator under section 2.41 or 2.42 of the Access Code;
gas distribution access arrangement under review means an access arrangement that relates to the provision of pipeline services provided by a relevant Victorian service providerby means of an old access law distribution pipeline—
(a)in relation to which a review has beencommenced under section 2 of the Access Codebefore the NGL commencement day; and
s. 17
(b)in respect of which a gas distribution access arrangement revision decisionhas not been made before that day;
gas distribution company has the same meaning as in the Gas Industry Act 2001;
Gas Distribution System Code meansthe document entitled "Gas Distribution System Code", version 8.1, published by the ESC on 28 March 2007, as that Code is amended and in force from time to time;
gas distribution system regulatory dutyhas the meaning given by section 18;
gas distribution system regulatory function or powerhas the meaning given by section19;
Gas Pipelines Access (Victoria) Law means the Gas Pipelines Access (Victoria) Law as in force immediately before the NGL commencement day;
GIA distribution pipelinemeans a distribution pipeline within the meaning of the Gas Industry Act 2001;
NGL commencement day means the day on which section 39 comes into operation;
old access law distribution pipeline means a distribution pipeline within the meaning of the Gas Pipelines Access (Victoria) Law;
s. 17
relevant appeals body has the same meaning as in the Gas Pipelines Access (Victoria) Law;
relevant gas distribution systemlaw or instrument means—
(a)the Essential Services Commission Act 2001 (to the extent to which that Act relates to the economic regulation of distribution pipeline servicesprovided by a gas distribution company); or
(b)the Gas Industry Act 2001(to the extent to which that Act relates to the economic regulation of distribution pipeline services provided by a gas distribution company); or
(c) a specified Gas Distribution System Code provision; or
(d) until the specified day, ESC guideline No.17; or
(e) the Wimmera and Colac Tariff Order;
relevant Regulator has the same meaning as in the Gas Pipelines Access (Victoria) Law;
Note
Under the Gas Pipelines Access (Victoria) Law, the Essential Services Commission, as the local Regulator, was the relevant Regulator in relation to distribution pipelines situated wholly within Victoria or most closely connected with Victoria.
relevant Victorian service provider means—
(a)the entity or entities that trade either together or separately as "SP AusNet" including but not limited to SPI Networks (Gas) Pty Ltd (ABN43086015 036); or
s. 17
(b)the entities Envestra Victoria Pty Ltd (ACN 085 882 373) and Vic Gas Distribution Pty Ltd (ACN085899001); or
(c)the entities Multinet Gas (DB No. 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB No. 2) Pty Ltd (ACN086 230 122) trading as Multinet Gas Distribution Partnership;
revised gas distribution access arrangement means an access arrangement in respect of which a gas distribution access arrangement revision decision referred to in section 23 or24 has been or is made;
specified day means 1 January 2011;
specified Gas Distribution System Codeprovisionmeans a provision specified under an Order under section 20;
Wimmera and Colac Tariff Order means the Wimmera and Colac Gas Supply Tariff Order 1998 published in the Government Gazette on 17 December 1998 as that Order is amended and in force from time to time.
18Meaning of gas distribution system regulatory duty
s. 18
A gas distribution system regulatory duty is a duty under a relevant gas distribution system law or instrument that the ESC had in relation to a gas distribution company immediately beforethe day on which a revised gas distribution access arrangement that relates to pipeline services provided by that gas distribution company is deemed to be an AER approved full access arrangementother than a duty—
(a)to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence held by that gas distribution company; or
(b)to make or amend a code or guideline that relates to the provision of distribution pipeline services provided by that gas distribution company.
Note
In relation to when arevised gas distribution access arrangementis deemed to be an AER approved full access arrangement, see section 25.
19Meaning of gas distribution system regulatory function or power
A gas distribution system regulatory function or power is a function or power under a relevant gas distribution system law or instrument that the ESC hadin relation to a gas distribution company immediately before the day on which a revised gas distribution access arrangement that relates to pipeline services provided by that gas distribution company is deemed to be an AER approved full access arrangementother than a function or power—
(a)to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence held by that gas distribution company; or
(b) to make or amend a code or guideline that relates to the provision of distribution pipeline servicesprovided by that gas distribution company.
Note
In relation to when arevised gas distribution access arrangementis deemed to be an AER approved full access arrangement, see section 25.
20Specification of Gas Distribution System Code provisions by Minister
s. 20
(1)The Minister, by Order published in the Government Gazette, may specify (with or without modification)a provision of the Gas Distribution System Code that—
(a)confers a function or power on the ESC; or
(b)imposes a duty on the ESC—
as a specified Gas Distribution System Code provision.
(2) The Minister may only specify a provision in an Order under subsection (1) if the provision relates to the economic regulation of distribution pipeline services provided by a gas distribution company.
21Role of Interpretation of Legislation Act 1984
Except where the contrary intention appears, this Part does not affect or take away from the Interpretation of Legislation Act 1984.
Division 2—Current and pending Victorian gas distribution system access arrangement revisions
22Transitional clauses in NGL relating to distribution pipeline services access arrangements do not apply