Australian Energy Market Amendment (Gas Legislation) Act 2007 (45 of 2007)
Schedule 1 Amendments commencing on Proclamation
Part 1 Amendments
Australian Energy Market Act 2004
43 After section 11
Insert:
Division 2 - Gas laws
Subdivision A - General
11A Application of National Gas Law in adjacent areas, certain Territories etc.
(1) The National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2007 of South Australia as in force from time to time:
(a) applies as a law of the Commonwealth:
(i) in the adjacent area of each State and the Northern Territory; and
(ii) in the adjacent area of Norfolk Island; and
(iii) in the adjacent area of the Territory of Ashmore and Cartier Islands; and
(iv) in the Territory of Christmas Island; and
(v) in the adjacent area of the Territory of Christmas Island; and
(vi) in the Territory of Cocos (Keeling) Islands; and
(vii) in the adjacent area of the Territory of Cocos (Keeling) Islands; and
(viii) in the adjacent area of the Territory of Heard Island and McDonald Islands; and
(ix) in any other places, to any circumstances, or to any persons, that are prescribed by regulations for the purpose of this subparagraph; and
(b) so applying may be referred to as the National Gas (Commonwealth) Law .
(2) The National Gas (Commonwealth) Law does not apply in relation to an offshore Western Australian pipeline.
(3) The reference in subsection (1) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2007 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
11B Application of National Gas Regulations in adjacent areas, certain Territories etc.
(1) Regulations, as in force from time to time, made under Part 3 of the National Gas (South Australia) Act 2007 of South Australia:
(a) apply as regulations in force for the purposes of the National Gas (Commonwealth) Law; and
(b) so applying may be referred to as the National Gas (Commonwealth) Regulations .
(2) The National Gas (Commonwealth) Regulations do not apply in relation to an offshore Western Australian pipeline.
11C Functions and powers of the Australian Energy Market Commission under the National Gas (Commonwealth) Law and Regulations
(1) The Australian Energy Market Commission has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.
(2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.
11D Functions and powers of the Australian Energy Regulator under the National Gas (Commonwealth) Law and Regulations
(1) The Australian Energy Regulator has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.
(2) Any delegation by the Australian Energy Regulator is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.
11E Functions and powers of the National Competition Council under the National Gas (Commonwealth) Law and Regulations
The National Competition Council has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.
11F Functions and powers of the Australian Competition Tribunal under the National Gas (Commonwealth) Law and Regulations
The Australian Competition Tribunal has the functions and powers conferred on it under the National Gas (Commonwealth) Law and Regulations.
11G Functions and powers of the Commonwealth Minister under the National Gas (Commonwealth) Law and Regulations
(1) The Commonwealth Minister has the functions and powers conferred on him or her under the National Gas (Commonwealth) Law and Regulations.
(2) Any delegation by the Commonwealth Minister is taken to extend to, and have effect for the purposes of, the National Gas (Commonwealth) Law and Regulations.
11H Interpretation of some expressions in the National Gas (Commonwealth) Law and Regulations etc.
(1) In the National Gas (Commonwealth) Law and Regulations:
Court means the Federal Court of Australia.
designated Minister means the Commonwealth Minister.
magistrate means a Federal Magistrate of the Federal Magistrates Court.
(2) The Acts Interpretation Act 1915 of South Australia, and other Acts of South Australia, do not apply to:
(a) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2007 of South Australia applied as a law of the Commonwealth; or
(b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the National Gas (Commonwealth) Law.
(3) The reference in paragraph (2)(a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2007 of South Australia includes a reference to any Rules or other instruments made or having effect under that Law.
Subdivision B - Offshore Western Australian pipelines
11J Application of Offshore Western Australian Pipelines Law in adjacent area of Western Australia
(1) The National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia as in force from time to time:
(a) applies as a law of the Commonwealth in relation to so much of an offshore Western Australian pipeline as is situated in the adjacent area of Western Australia; and
(b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Law .
(2) The reference in subsection (1) to the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.
11K Application of Offshore Western Australian Pipelines Regulations in adjacent area of Western Australia
Regulations, as in force from time to time, made under Part 3 of the National Gas Access (Western Australia) Act 2007 of Western Australia:
(a) apply as regulations in force for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law; and
(b) so applying may be referred to as the Offshore Western Australian Pipelines (Commonwealth) Regulations .
11L Functions and powers of the Australian Energy Market Commission under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
(1) The Australian Energy Market Commission has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
(2) Any delegation by the Australian Energy Market Commission is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
11M Functions and powers of the Economic Regulation Authority under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
(1) The Economic Regulation Authority has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
(2) Any delegation by the Economic Regulation Authority is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
11N Functions and powers of the National Competition Council under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
The National Competition Council has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
11P Functions and powers of the Australian Competition Tribunal under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
The Australian Competition Tribunal has the functions and powers conferred on it under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
11Q Functions and powers of a Western Australian Minister under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
(1) A Minister of Western Australia has the functions and powers conferred on him or her under the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
(2) Any delegation by such a Minister of Western Australia is taken to extend to, and have effect for the purposes of, the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
11R Interpretation of some expressions in the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations etc.
(1) In determining who is the relevant Minister for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations, an offshore Western Australian pipeline is taken to be situated wholly within Western Australia.
(2) The Interpretation Act 1984 of Western Australia, and other Acts of Western Australia, do not apply to:
(a) the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia applied as a law of the Commonwealth; or
(b) any regulations made under Part 3 of that Act applied as regulations for the purposes of the Offshore Western Australian Pipelines (Commonwealth) Law.
(3) The reference in paragraph (2)(a) to the National Gas Access Law set out in Schedule 1 to the National Gas Access (Western Australia) Act 2007 of Western Australia includes a reference to any Rules or other instruments made or having effect under that Law.
11S Inter-governmental arrangements relating to the administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations
(1) The Commonwealth may enter into arrangements with Western Australia for the effective administration of the Offshore Western Australian Pipelines (Commonwealth) Law and Regulations.
(2) Without limiting subsection (1), such an arrangement may provide for the exercise of powers, or the performance of functions or duties, by an officer or authority of Western Australia in relation to offshore Western Australian pipelines.
Division 3 - Prescribed uniform energy laws