An Act relating to the regulation of energy markets, and for
related purposes
Part 1—Preliminary
1
Short title [see Note
1]
This Act may be cited as the Australian
Energy Market Act 2004.
2
Commencement
(1) Each provision of this Act specified in
column 1 of the table commences, or is taken to have commenced, in accordance
with column 2 of the table. Any other statement in column 2 has effect
according to its terms.
|
Commencement
information
|
|
Column 1
|
Column 2
|
Column 3
|
|
Provision(s)
|
Commencement
|
Date/Details
|
|
1. Sections 1 and 2 and anything in this Act not
elsewhere covered by this table
|
The day on which this Act receives the Royal Assent.
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30 June 2004
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2. Sections 3 to 14
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A day or days to be fixed by Proclamation.
However, if any of the provision(s) do not commence within
the period of 12 months beginning on the day on which this Act receives the
Royal Assent, they commence on the first day after the end of that period.
|
30 June 2005
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Note: This table
relates only to the provisions of this Act as originally passed by the
Parliament and assented to. It will not be expanded to deal with provisions
inserted in this Act after assent.
(2) Column 3 of the table contains additional
information that is not part of this Act. Information in this column may be
added to or edited in any published version of this Act.
3
Definitions
(1) In this Act, unless the contrary
intention appears:
adjacent area, in respect of a State or
Territory, means the area that is identified in section 5A of the Petroleum
(Submerged Lands) Act 1967 as the adjacent area in respect of that State or
Territory.
Australian Energy Market Commission means the
body established by section 5 of the Australian Energy Market
Commission Establishment Act 2004 of South Australia.
Australian Energy Regulator means the body
established by section 44AE of the Trade Practices Act 1974.
National Electricity (Commonwealth) Law means
the provisions applying under section 6.
National Electricity (Commonwealth) Law, Regulations
and Rules means the National Electricity (Commonwealth) Law, the
National Electricity (Commonwealth) Regulations and the National Electricity
(Commonwealth) Rules.
National Electricity (Commonwealth) Regulations
means the provisions applying under section 7.
National Electricity (Commonwealth) Rules means
the provisions applying under section 8.
South Australian Electricity Legislation
means:
(a) the National Electricity Law set
out in the Schedule to the National Electricity (South Australia) Act 1996
of South Australia as in force from time to time; and
(b) any regulations, as in force from
time to time, made under Part 4 of that Act; and
(c) any Rules, as in force from time
to time, made under the National Electricity Law.
uniform energy law means:
(a) the South Australian Electricity
Legislation; and
(b) provisions of a law of a State or
Territory that:
(i) relate to energy; and
(ii) are prescribed by the
regulations for the purposes of this subparagraph;
being those provisions as in
force from time to time.
(2) Words and expressions used in the
Schedule to the National Electricity (South Australia) Act 1996 of South
Australia (applying as part of the National Electricity (Commonwealth) Law) and
in this Act have the same respective meanings in this Act as they have in that
Schedule.
(3) Subsection (2) does not apply to the
extent that the context or subject matter otherwise indicates or requires.
4
Crown to be bound
This Act, the National Electricity
(Commonwealth) Law, Regulations and Rules, and any other uniform energy law
applied as a law of the Commonwealth, bind the Crown in each of its capacities.
5
Extra‑territorial operation
It is the intention of the Parliament
that the operation of this Act, the National Electricity (Commonwealth) Law,
Regulations and Rules, and any other uniform energy law applied as a law of the
Commonwealth, should, as far as possible, include operation in relation to the
following:
(a) things situated in or
outside Australia;
(b) acts, transactions and matters
done, entered into or occurring in or outside Australia;
(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 a State, a
Territory or a foreign country.
Part 2—Application of energy laws as laws of the Commonwealth
6
Application of National Electricity Law in adjacent areas etc.
The National Electricity Law set out in the
Schedule to the National Electricity (South Australia) Act 1996 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 Territory; and
(ii) 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 Electricity (Commonwealth) Law.
7
Application of National Electricity Regulations in adjacent areas etc.
Regulations, as in force from time to
time, made under Part 4 of the National Electricity (South Australia)
Act 1996 of South Australia:
(a) apply as regulations in force for
the purposes of the National Electricity (Commonwealth) Law; and
(b) so applying may be referred to as
the National Electricity (Commonwealth) Regulations.
8
Application of National Electricity Rules in adjacent areas etc.
Rules, as in force from time to time,
made under the National Electricity Law set out in the Schedule to the National
Electricity (South Australia) Act 1996 of South Australia:
(a) apply as Rules in force for the
purposes of the National Electricity (Commonwealth) Law; and
(b) so applying may be referred to as
the National Electricity (Commonwealth) Rules.
9
Functions and powers of the Australian Energy Market Commission under the
National Electricity (Commonwealth) Law, Regulations and Rules
(1) The Australian Energy Market Commission
has the functions and powers conferred on it under the National Electricity
(Commonwealth) Law, Regulations and Rules.
(2) Any delegation by the Australian Energy
Market Commission is taken to extend to, and have effect for the purposes of,
the National Electricity (Commonwealth) Law, Regulations and Rules.
10
Functions and powers of the Australian Energy Regulator under the National
Electricity (Commonwealth) Law, Regulations and Rules
(1) The Australian Energy Regulator has the
functions and powers conferred on it under the National Electricity
(Commonwealth) Law, Regulations and Rules.
(2) Any delegation by the Australian Energy
Regulator is taken to extend to, and have effect for the purposes of, the
National Electricity (Commonwealth) Law, Regulations and Rules.
11
Interpretation of some expressions in the National Electricity (Commonwealth)
Law, Regulations and Rules etc.
(1) In the National Electricity
(Commonwealth) Law, Regulations and Rules:
Court means the Federal Court of Australia.
Legislature of this jurisdiction means the
Legislature of the Commonwealth.
magistrate means a Federal Magistrate of the
Federal Magistrates Court.
the jurisdiction or this jurisdiction
means the Commonwealth.
the National Electricity Law or this
Law means the National Electricity (Commonwealth) Law.
(2) The Acts Interpretation Act 1915
of South Australia, and other Acts of South Australia, do not apply to:
(a) the National Electricity Law set
out in the Schedule to the National Electricity (South Australia) Act 1996
of South Australia applied as a law of the Commonwealth; or
(b) any regulations made under Part 4
of that Act applied as regulations for the purposes of the National Electricity
(Commonwealth) Law; or
(c) any Rules applied as Rules for the
purposes of the National Electricity (Commonwealth) Law.
12
Application of other uniform energy laws in adjacent areas
Any other uniform energy law:
(a) applies as a law of the
Commonwealth in the adjacent area of each State and Territory; and
(b) so applying may be referred to by
the name given to it by the regulations.
Part 3—Miscellaneous
13
Application of the Administrative Decisions (Judicial Review) Act 1977
(1) This section applies in respect of any
decision of the Australian Energy Regulator under:
(a) the National Electricity
(Commonwealth) Law; or
(b) the National Electricity
(Commonwealth) Regulations; or
(c) the National Electricity
(Commonwealth) Rules; or
(d) a uniform energy law applied as a
law of the Commonwealth.
(2) For the purposes of applying the Administrative
Decisions (Judicial Review) Act 1977 to such a decision, that decision is
taken to be a decision made under an enactment within the meaning of the Administrative
Decisions (Judicial Review) Act 1977.
14
Regulations
(1) The Governor‑General may make
regulations prescribing matters:
(a) required or permitted by this Act
to be prescribed; or
(b) necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) Regulations may be made providing for the
interpretation of a uniform energy law applied as a law of the Commonwealth. In
particular, the regulations may provide that the following do not apply to the
uniform energy law applied as a law of the Commonwealth:
(a) any law, or any provision of a
law, of the Commonwealth, a State or Territory, being a law relating to the
interpretation of laws;
(b) any other law, or any other
provision of a law, of the Commonwealth, a State or Territory.
(3) The regulations may modify or adapt any
provision of:
(a) the National Electricity
(Commonwealth) Law; or
(b) the National Electricity
(Commonwealth) Regulations; or
(c) the National Electricity
(Commonwealth) Rules; or
(d) a uniform energy law applied as a
law of the Commonwealth;
as it applies as a provision of a law of the Commonwealth.
Note 2
Offshore Petroleum (Repeals and Consequential
Amendments) Act 2006
(No. 17, 2006)
The following amendments commence on proclamation:
Schedule 2
2 Subsection 3(1) (definition of adjacent area)
Repeal the definition.
3 Subsection 3(1)
Insert:
offshore area, in relation to a State or
Territory, has the same meaning as in the Offshore Petroleum Act 2006.
[NOTE] 4
Subparagraph 6(a)(i)
Omit “adjacent area”, substitute “offshore area”.
Note 1: The heading to section 6 is altered by
omitting “adjacent areas” and substituting “offshore areas”.
Note 2: The heading to section 7 is altered by
omitting “adjacent areas” and substituting “offshore areas”.
Note 3: The heading to section 8 is altered by omitting
“adjacent areas” and substituting “offshore areas”.
5 Paragraph 12(a)
Omit “adjacent area”, substitute “offshore area”.
Note: The heading to section 12 is altered by
omitting “adjacent areas” and substituting “offshore areas”.
[NOTE] The Offshore Petroleum (Repeals and Consequential
Amendments) Act 2006 (No. 17, 2006) was further amended by the Australian
Energy Market Amendment (Gas Legislation) Act 2007 (No. 45, 2007)
which commences immediately after the commencement of Chapter 2 of the Offshore
Petroleum Act 2006. However, the amendment may not commence, see
subsection 2(1) (item 4):
Schedule 2
[NOTE] 9 Item 4
of Schedule 2 (note 3)
Repeal the note.
As at 13 April 2007 the amendments are not incorporated in
this compilation.
Note 3
Australian Energy Market Amendment (Gas Legislation)
Act 2007
(No. 45,
2007)
The following amendments commence on proclamation:
Schedule 1
2 Subsection 3(1)
Omit “(1)”.
3 Subsection 3(1)
Insert:
coastal waters, in relation to Western
Australia, means so much of the area described in Schedule 2 to the Petroleum
(Submerged Lands) Act 1967 under the heading for Western Australia as
consists of:
(a) the territorial sea; and
(b) the sea that is:
(i) on the landward side
of the territorial sea; and
(ii) not within the limits
of Western Australia.
For this purpose, assume that the breadth of the
territorial sea of Australia had never been determined or declared to be
greater than 3 nautical miles, but had continued to be 3 nautical miles.
4 Subsection 3(1)
Insert:
Commonwealth Minister means the Minister
administering this Act.
5 Subsection 3(1)
Insert:
Economic Regulation Authority means the body
established by section 4 of the Economic Regulation Authority Act 2003 of
Western Australia.
6 Subsection 3(1)
Insert:
federal tax‑exempt matter has the
meaning given by subsection 13D(2).
7 Subsection 3(1)
Insert:
National Electricity (Commonwealth) Law and
Regulations means:
(a) the National Electricity
(Commonwealth) Law; and
(b) the National Electricity
(Commonwealth) Regulations.
8 Subsection 3(1) (definition of National Electricity
(Commonwealth) Law, Regulations and Rules)
Repeal the definition.
9 Subsection 3(1) (definition of National Electricity
(Commonwealth) Rules)
Repeal the definition.
10 Subsection 3(1)
Insert:
National Gas (Commonwealth) Law means the
provisions applying under section 11A.
11 Subsection 3(1)
Insert:
National Gas (Commonwealth) Law and Regulations means:
(a) the National Gas (Commonwealth)
Law; and
(b) the National Gas (Commonwealth)
Regulations.
12 Subsection 3(1)
Insert:
National Gas (Commonwealth) Regulations means
the provisions applying under section 11B.
13 Subsection 3(1)
Insert:
natural gas has the same meaning as in the
National Gas (Commonwealth) Law.
14 Subsection 3(1)
Insert:
offshore Western Australian pipeline means a
pipeline (within the meaning of the National Gas (Commonwealth) Law) for
transporting natural gas from one or more points of origination in the adjacent
area of Western Australia to one or more points of termination in:
(a) Western Australia; or
(b) the coastal waters of Western
Australia;
but does not include a pipeline any part of which is
situated in another State or in a Territory.
15 Subsection 3(1)
Insert:
Offshore Western Australian Pipelines (Commonwealth)
Law means the provisions applying under section 11J.
16 Subsection 3(1)
Insert:
Offshore Western Australian Pipelines (Commonwealth)
Law and Regulations means:
(a) the Offshore Western Australian
Pipelines (Commonwealth) Law; and
(b) the Offshore Western Australian
Pipelines (Commonwealth) Regulations.
17 Subsection 3(1)
Insert:
Offshore Western Australian Pipelines (Commonwealth)
Regulations means the provisions applying under section 11K.
18 Subsection 3(1)
Insert:
prescribed uniform energy law means a uniform
energy law covered by paragraph (b) of the definition of uniform
energy law.
19 Subsection 3(1) (paragraph (b) of the definition of South
Australian Electricity Legislation)
Omit “Act; and”, substitute “Act.”.
20 Subsection 3(1) (paragraph (c) of the definition of South
Australian Electricity Legislation)
Repeal the paragraph.
21 Subsection 3(1) (at the end of the definition of South
Australian Electricity Legislation)
Add:
The reference in paragraph (a) to the National
Electricity Law set out in the Schedule to the National Electricity (South
Australia) Act 1996 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.
22 Subsection 3(1)
Insert:
South Australian Gas Legislation means:
(a) 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; and
(b) any regulations, as in force from
time to time, made under Part 3 of that Act.
The reference in paragraph (a) 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.
23 Subsection 3(1)
Insert:
State/Territory electricity law means:
(a) the South Australian Electricity
Legislation as it applies as a law of South Australia; or
(b) the South Australian Electricity
Legislation as it applies as a law of another State; or
(c) the South Australian Electricity
Legislation as it applies as a law of the Australian Capital Territory or the
Northern Territory.
24 Subsection 3(1)
Insert:
State/Territory energy law means:
(a) a State/Territory electricity law;
or
(b) a State/Territory gas law.
25 Subsection 3(1)
Insert:
State/Territory gas law means:
(a) the South Australian Gas
Legislation as it applies as a law of South Australia; or
(b) the South Australian Gas
Legislation as it applies as a law of another State; or
(c) the South Australian Gas
Legislation as it applies as a law of the Australian Capital Territory or the
Northern Territory; or
(d) the Western Australian Gas
Legislation as it applies as a law of Western Australia.
26 Subsection 3(1)
Insert:
State/Territory tax‑exempt matter has
the meaning given by subsection 13E(2).
27 Subsection 3(1) (paragraph (a) of the definition of uniform
energy law)
Omit “and”, substitute “or”.
28 Subsection 3(1) (after paragraph (a) of the
definition of uniform energy law)
Insert:
(aa) the South Australian Gas
Legislation; or
(ab) the Western Australian Gas
Legislation; or
29 Subsection 3(1)
Insert:
Western Australian Gas Legislation means:
(a) 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; and
(b) any regulations, as in force from
time to time, made under Part 3 of that Act.
The reference in paragraph (a) 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.
30 Subsections 3(2) and (3)
Repeal the subsections.
31 Sections 4 and 5
Repeal the sections, substitute:
4
Crown to be bound
Each of the following:
(a) this Act;
(b) the National Electricity (Commonwealth)
Law and Regulations;
(c) the National Gas (Commonwealth)
Law and Regulations;
(d) the Offshore Western Australian
Pipelines (Commonwealth) Law and Regulations;
(e) a prescribed uniform energy law
applied as a law of the Commonwealth;
binds the Crown in each of its capacities.
5
Extra‑territorial operation
It is the intention of the Parliament
that the operation of:
(a) this Act; and
(b) the National Electricity
(Commonwealth) Law and Regulations; and
(c) the National Gas (Commonwealth)
Law and Regulations; and
(d) the Offshore Western Australian
Pipelines (Commonwealth) Law and Regulations; and
(e) a prescribed uniform energy law
applied as a law of the Commonwealth;
should, as far as possible, include operation in relation
to the following:
(f) things situated in or
outside Australia;
(g) acts, transactions and matters
done, entered into or occurring in or outside Australia;
(h) 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 a State, a
Territory or a foreign country.
32 Before section 6
Insert:
Division 1—Electricity laws
33 Section 6
Before “The National Electricity Law”, insert “(1)”.
34 At the end of section 6
Add:
(2) The reference in subsection (1) to
the National Electricity Law set out in the Schedule to the National
Electricity (South Australia) Act 1996 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.
35 Section 8
Repeal the section.
36 Subsections 9(1) and (2)
Omit “, Regulations and Rules”, substitute “and Regulations”.
Note: The heading to section 9 is altered by
omitting “, Regulations and Rules” and substituting “and Regulations”.
37 Subsections 10(1) and (2)
Omit “, Regulations and Rules”, substitute “and Regulations”.
Note: The heading to section 10 is altered by
omitting “, Regulations and Rules” and substituting “and Regulations”.
38 After section 10
Insert:
10A
Functions and powers of the Australian Competition Tribunal under the National
Electricity (Commonwealth) Law and Regulations
The Australian Competition Tribunal has
the functions and powers conferred on it under the National Electricity
(Commonwealth) Law and Regulations.
10B
Functions and powers of the Commonwealth Minister under the National
Electricity (Commonwealth) Law and Regulations
(1) The Commonwealth Minister has the
functions and powers conferred on him or her under the National Electricity
(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 Electricity (Commonwealth) Law and Regulations.
39 Subsection 11(1)
Omit “, Regulations and Rules”, substitute “and Regulations”.
Note: The heading to section 11 is altered by
omitting “, Regulations and Rules” and substituting “and Regulations”.
40 Paragraph 11(2)(b)
Omit “Law; or”, substitute “Law.”.
41 Paragraph 11(2)(c)
Repeal the paragraph.
42 At the end of section 11
Add:
(3) The reference in paragraph (2)(a) to
the National Electricity Law set out in the Schedule to the National
Electricity (South Australia) Act 1996 of South Australia includes a
reference to any Rules or other instruments made or having effect under that
Law.
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
44 Section 12
Omit “Any other uniform energy law”, substitute “A prescribed
uniform energy law”.
45 Subsection 13(1)
Omit “of the Australian Energy Regulator”.
46 Paragraph 13(1)(c)
Repeal the paragraph, substitute:
(c) the National Gas (Commonwealth)
Law; or
(ca) the National Gas (Commonwealth)
Regulations; or
(cb) the Offshore Western Australian
Pipelines (Commonwealth) Law; or
(cc) the Offshore Western Australian
Pipelines (Commonwealth) Regulations; or
47 Paragraph 13(1)(d)
Omit “a uniform energy law”, substitute “a prescribed uniform
energy law”.
48 After section 13
Insert:
13A
Commonwealth consent to conferral of functions etc. on Commonwealth Minister
(1) A State/Territory energy law may confer
functions or powers, or impose duties, on the Commonwealth Minister for the
purposes of that law.
Note 1: Section 13C sets out when such a law
imposes a duty on the Commonwealth Minister.
Note 2: Functions and powers conferred, and duties
imposed, on the National Competition Council by a State/Territory energy law
are dealt with under section 29BA of the Trade Practices Act 1974.
Note 3: Functions and powers conferred, and duties
imposed, on the Australian Energy Regulator by a State/Territory energy law are
dealt with under section 44AI of the Trade Practices Act 1974.
Note 4: Functions and powers conferred, and duties
imposed, on the Australian Competition Tribunal by a State/Territory energy law
are dealt with under section 44ZZM of the Trade Practices Act 1974.
(2) Subsection (1) does not authorise
the conferral of a function or power, or the imposition of a duty, by a
State/Territory energy law to the extent to which:
(a) the conferral or imposition, or
the authorisation, would contravene any constitutional doctrines restricting
the duties that may be imposed on the Commonwealth Minister; or
(b) the authorisation would otherwise
exceed the legislative power of the Commonwealth.
(3) The Commonwealth Minister cannot perform
a duty or function, or exercise a power, under a State/Territory energy law
unless the conferral of the function or power, or the imposition of the duty,
is in accordance with an agreement between the Commonwealth and the State or
Territory concerned.
13B
How duty is imposed
Application
(1) This section applies if a State/Territory
energy law purports to impose a duty on the Commonwealth Minister.
Note: Section 13C sets out when such a law
imposes a duty on the Commonwealth Minister.
State or Territory legislative power sufficient to
support duty
(2) The duty is taken not to be imposed by
this Act (or any other law of the Commonwealth) to the extent to which:
(a) imposing the duty is within the
legislative powers of the State or Territory concerned; and
(b) imposing the duty by the law of
the State or Territory is consistent with the constitutional doctrines
restricting the duties that may be imposed on the Commonwealth Minister.
Note: If this subsection applies, the duty will be
taken to be imposed by force of the law of the State or Territory (the
Commonwealth having consented under section 13A to the imposition of the
duty by that law).
Commonwealth legislative power sufficient to support
duty but State or Territory legislative powers are not
(3) If, to ensure the validity of the
purported imposition of the duty, it is necessary that the duty be imposed by a
law of the Commonwealth (rather than by the law of the State or Territory), the
duty is taken to be imposed by this Act to the extent necessary to ensure that
validity.
(4) If, because of subsection (3), this
Act is taken to impose the duty, it is the intention of the Parliament to rely
on all powers available to it under the Constitution to support the imposition
of the duty by this Act.
(5) The duty is taken to be imposed by this
Act in accordance with subsection (3) only to the extent to which imposing
the duty:
(a) is within the legislative powers
of the Commonwealth; and
(b) is consistent with the
constitutional doctrines restricting the duties that may be imposed on the
Commonwealth Minister.
(6) Subsections (1) to (5) do not limit
section 13A.
13C
When a State/Territory energy law imposes a duty
For the purposes of sections 13A
and 13B, a State/Territory energy law imposes a duty on the
Commonwealth Minister if:
(a) the law confers a function or
power on the Commonwealth Minister; and
(b) the circumstances in which the function
or power is conferred give rise to an obligation on the Commonwealth Minister
to perform the function or to exercise the power.
13D No
Commonwealth tax consequences for certain transfers of assets and liabilities
etc.
(1) No consequences arise, for the purposes
of a prescribed law of the Commonwealth relating to taxation, in respect of:
(a) a federal tax‑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, a federal tax‑exempt
matter.
(2) In this Act:
federal tax‑exempt matter
means a transfer of assets or liabilities that the Commonwealth Minister and
the Treasurer are satisfied is made:
(a) for the purpose of ensuring that a
person does not carry on a business of producing, purchasing or selling natural
gas in breach of:
(i) a State/Territory gas
law; or
(ii) the National Gas
(Commonwealth) Law; or
(iii) the National Gas
(Commonwealth) Regulations; or
(iv) the Offshore Western
Australian Pipelines (Commonwealth) Law; or
(v) the Offshore Western
Australian Pipelines (Commonwealth) Regulations; or
(b) for the purpose of the separation
of certain activities from other activities of a person as required by:
(i) a State/Territory gas
law; or
(ii) the National Gas
(Commonwealth) Law; or
(iii) the National Gas
(Commonwealth) Regulations; or
(iv) the Offshore Western
Australian Pipelines (Commonwealth) Law; or
(v) the Offshore Western
Australian Pipelines (Commonwealth) Regulations;
and for no other purpose.
(3) In paragraph (a) of the definition
of federal tax‑exempt matter in
subsection (2), natural gas has the same meaning as in the
National Gas Law set out in the Schedule to the National Gas (South
Australia) Act 2007 of South Australia.
13E
Exemption from State and Territory taxes
(1) Any stamp duty or other tax imposed by or
under a law of a State or Territory is not payable in relation to:
(a) a State/Territory tax‑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, a State/Territory tax‑exempt
matter.
(2) In this Act:
State/Territory tax‑exempt matter means
a transfer of assets or liabilities that the Commonwealth Minister is satisfied
is made:
(a) for the purpose of ensuring that a
person does not carry on a business of producing, purchasing or selling natural
gas in breach of:
(i) the National Gas
(Commonwealth) Law; or
(ii) the National Gas
(Commonwealth) Regulations; or
(iii) the Offshore Western
Australian Pipelines (Commonwealth) Law; or
(iv) the Offshore Western
Australian Pipelines (Commonwealth) Regulations; or
(b) for the purpose of the separation
of certain activities from other activities of a person as required by:
(i) the National Gas
(Commonwealth) Law; or
(ii) the National Gas
(Commonwealth) Regulations; or
(iii) the Offshore Western
Australian Pipelines (Commonwealth) Law; or
(iv) the Offshore Western
Australian Pipelines (Commonwealth) Regulations;
and for no other purpose.
(3) In paragraph (a) of the definition
of State/Territory tax‑exempt matter in
subsection (2), natural gas has the same meaning as in the
National Gas Law set out in the Schedule to the National Gas (South
Australia) Act 2007 of South Australia.
13F
Legislative instruments
(1) To avoid doubt, an instrument made or
having effect under:
(a) the National Electricity
(Commonwealth) Law; or
(b) the National Electricity
(Commonwealth) Regulations; or
(c) a prescribed uniform energy law
applied as a law of the Commonwealth;
is taken not to be, and never to have been, a legislative
instrument for the purposes of the Legislative Instruments Act 2003.
(2) To avoid doubt, an instrument made or
having effect under:
(a) the National Gas (Commonwealth)
Law; or
(b) the National Gas (Commonwealth)
Regulations; or
(c) the Offshore Western Australian
Pipelines (Commonwealth) Law; or
(d) the Offshore Western Australian
Pipelines (Commonwealth) Regulations;
is taken not to be a legislative instrument for the
purposes of the Legislative Instruments Act 2003.
13G
Jurisdiction of the Federal Court
(1) The Federal Court is invested with
jurisdiction with respect to civil and criminal matters arising under:
(a) the National Electricity
(Commonwealth) Law and Regulations; or
(b) the National Gas (Commonwealth)
Law and Regulations.
(2) If a provision of:
(a) the National Electricity
(Commonwealth) Law; or
(b) the National Gas (Commonwealth)
Law;
whether expressly or by implication, authorises a civil or
criminal proceeding to be instituted in the Federal Court in relation to a
matter, that provision is taken to vest the Court with jurisdiction in that
matter.
13H
Jurisdiction of the Supreme Court of Western Australia
(1) The Supreme Court of Western Australia is
invested with jurisdiction with respect to civil and criminal matters arising
under the Offshore Western Australian Pipelines (Commonwealth) Law and
Regulations.
(2) If a provision of the Offshore Western
Australian Pipelines (Commonwealth) Law, whether expressly or by implication,
authorises a civil or criminal proceeding to be instituted in the Supreme Court
of Western Australia in relation to a matter:
(a) that provision is taken to vest the
Court with jurisdiction in that matter; and
(b) the jurisdiction so vested is not
limited by any limits to which any other jurisdiction of the Court may be
subject.
13J
Jurisdiction of a State or Territory court under a prescribed uniform energy
law
(1) The courts of a State or Territory are
invested with jurisdiction with respect to civil and criminal matters arising
under a prescribed uniform energy law of the State or Territory applied as a
law of the Commonwealth.
(2) If a provision of a prescribed uniform
energy law of a State or Territory applied as a law of the Commonwealth,
whether expressly or by implication, authorises a civil or criminal proceeding
to be instituted in a court of the State or Territory in relation to a matter:
(a) that provision is taken to vest
the court with jurisdiction in that matter; and
(b) the jurisdiction so vested is not
limited by any limits to which any other jurisdiction of the court may be
subject.
49 Paragraph 14(3)(c)
Repeal the paragraph, substitute:
(c) the National Gas (Commonwealth)
Law; or
(ca) the National Gas (Commonwealth)
Regulations; or
(cb) the Offshore Western Australian
Pipelines (Commonwealth) Law; or
(cc) the Offshore Western Australian
Pipelines (Commonwealth) Regulations; or
50 Paragraph 14(3)(d)
Omit “a uniform energy law”, substitute “a prescribed uniform
energy law”.
The following amendments commence on the later of immediately
after the commencement of Schedule 1 and immediately after the commencement of
Chapter 2 of the Offshore Petroleum Act 2006. However, the amendments
may not commence, see subsection 2(1) (item 3):
Schedule 2
1 Subsection 3(1) (definition of coastal waters)
Omit “area described in Schedule 2 to the Petroleum
(Submerged Lands) Act 1967 under the heading”, substitute “scheduled area
(within the meaning of the Offshore Petroleum Act 2006)”.
2 Subsection 3(1) (definition of offshore Western
Australian pipeline)
Omit “adjacent area”, substitute “offshore area”.
3 Paragraph 11A(1)(a)
Omit “adjacent area” (wherever occurring), substitute “offshore
area”.
Note 1: The heading to section 11A is altered by
omitting “adjacent areas” and substituting “offshore areas”.
Note 2: The heading to section 11B is altered by
omitting “adjacent areas” and substituting “offshore areas”.
4 Paragraph 11J(a)
Omit “adjacent area”, substitute “offshore area”.
Note 1: The heading to section 11J is altered by
omitting “adjacent area” and substituting “offshore area”.
Note 2: The heading to section 11K is altered by
omitting “adjacent area” and substituting “offshore area”.
As at 13 April 2007 the amendments are not incorporated in
this compilation.