Australian Capital Territory

gas pipelines access act 1998
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 23 March 2000
CONTENTS
Page
	Preamble		1
Part i—preliminary
	1 	Short title	3
	2 	Commencement	3
	3 	Interpretation	3
	4 	Crown to be bound	4
	5 	Extra-territorial operation	4
part ii—THE gas pipelines ACCESS (A.C.T.)
Law and THE gas pipelines ACCESS (A.C.T.) 
Regulations
	6 	Application in the Territory of the Gas Pipelines Access Law	6
	7 	Application in the Territory of the Gas Pipelines Access Regulations	6
	8 	Interpretation of some expressions in the Gas Pipelines Access 
(ACT) Law and the Gas Pipelines Access (ACT) Regulations	6
part iii—national administration and 
enforcement
Division 1—Conferral of functions and powers
	9 	Conferral of functions on Commonwealth Minister and 
Commonwealth bodies	8
	10 	Conferral of power on Commonwealth Minister and 
Commonwealth bodies to do acts in the Territory	8
	11 	Conferral of power on Ministers, Regulators and appeals bodies
of other scheme participants	8
	12 	Conferral of functions on Code Registrar	8
	13 	Functions and powers conferred on the Minister, Regulator or 
appeals body	9
	14 	The Independent Pricing and Regulatory Commission—powers and functions as local Regulator	9
Division 2—Federal Court
	15 	Jurisdiction of Federal Court	10
	16 	Conferral of jurisdiction on Federal Court not to affect 
cross-vesting	10
Division 3—Administrative decisions
	17 	Application of the Commonwealth AD (JR) Act	10
	18 	Application of the Commonwealth AD (JR) Act in relation 
to other scheme participants	10
part iv—general
	19 	Exemption from taxes	12
	20 	Actions in relation to cross-boundary pipelines	12
	ENDNOTES
	1	About this republication	14
	2	Abbreviation key	14
	3	Table of legislation	15
	4	Table of amendments	15

Australian Capital Territory

gas pipelines access act 1998
An Act to make provision for the regulation of third party access to natural gas pipeline systems, and for related purposes
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—
	(a)	facilitates the development and operation of a national market for natural gas;
	(b)	prevents abuse of monopoly power;
	(c)	promotes a competitive market for natural gas in which customers may choose suppliers, including producers, retailers and traders;
	(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 Legislative Assembly for the Australian Capital Territory enacts as follows:

Part i—preliminary
1  	Short title
	This Act may be cited as the Gas Pipelines Access Act 1998.
2  	Commencement
(1)  	Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2)  	The remaining provisions of this Act commence on a day, or respective days, to be fixed by the Minister by notice in the Gazette.
3  	Interpretation
(1)  	In this Act—
“Code body” means any of the following bodies or persons:
	(a)	the NCC;
	(b)	the ACCC;
	(c)	the Australian Competition Tribunal;
	(d)	the local appeals body within the meaning given by subsection 8 (1), as amended from time to time;
	(e)	the local Minister within the meaning given by subsection 8 (1), as amended from time to time;
	(f)	the local Regulator within the meaning given by subsection 8 (1), as amended from time to time;
	(g)	an arbitrator appointed under Part 4 of the Gas Pipelines Access (A.C.T.) Law;
“Gas Pipelines Access (A.C.T.) Law” means the Gas Pipelines Access Law in its application as a law of the Territory because of section 6;
“Gas Pipelines Access (A.C.T.) Regulations” means the Gas Pipelines Access Regulations in their application as a law of the Territory because of subsection 7 (1);
“Gas Pipelines Access Law” means—
	(a)	Schedule 1 to the South Australian Act—
	(i)	as enacted; or
	(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 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, that Code as so amended and in force for the time being;
“Gas Pipelines Access Regulations” means the regulations in force for the time being under Part 3 of the South Australian Act;
“South Australian Act” means the Gas Pipelines Access (South Australia) Act 1997 of South Australia.
(2)  	Words and expressions used in—
	(a)	the Gas Pipelines Access (A.C.T.) Law; and
	(b)	this Act;
have the same respective meanings in this Act as they have in that Law.
(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 Gas Pipelines Access (A.C.T.) Law and the Gas Pipelines Access (A.C.T.) Regulations bind the Crown in right of the Territory and, so far as the legislative power of the Legislative Assembly permits, in right of the Crown in all its other capacities.
5  	Extra-territorial operation
(1)  	The Legislative Assembly intends that the operation of this Act, the Gas Pipelines Access (A.C.T.) Law and the Gas Pipelines Access (A.C.T.) Regulations should, as far as possible, extend to the following:
	(a)	things situated in or outside the Territory;
	(b)	acts, transactions and matters done, entered into or occurring in or outside the Territory;
	(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, another Territory, the Commonwealth or a foreign country.
(2)  	Nothing in subsection (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.

part ii—THE gas pipelines ACCESS (A.C.T.) Law and THE gas pipelines ACCESS (A.C.T.) Regulations
6  	Application in the Territory of the Gas Pipelines Access Law
	The Gas Pipelines Access Law applies as a law of the Territory and, as so applying, may be cited as the Gas Pipelines Access (A.C.T.) Law.
7  	Application in the Territory of the Gas Pipelines Access Regulations
(1)  	The Gas Pipelines Access Regulations apply as—
	(a)	regulations in force for the purposes of the Gas Pipelines Access (A.C.T.) Law; and
	(b)	a law of the Territory.
(2)  	The Gas Pipelines Access Regulations, as so applying, may be cited as the Gas Pipelines Access (A.C.T.) Regulations.
8  	Interpretation of some expressions in the Gas Pipelines Access (ACT) Law and the Gas Pipelines Access (ACT) Regulations
(1)  	Subject to subsection (2), in the Gas Pipelines Access (A.C.T.) Law and the Gas Pipelines Access (A.C.T.) Regulations—
“Code” means the National Third Party Access Code for Natural Gas Pipeline Systems (a 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, that Code as so amended and in force for the time being, as it applies because of section 6 of this Act as a law of the Australian Capital Territory;
“Court” means—
	(a)	the Supreme Court; or
	(b)	the Federal Court;
“designated appeals body” means the Australian Competition Tribunal;
“designated Minister” means the Commonwealth Minister;
“Gas Pipelines Access Law” or “this Law” means the Gas Pipelines Access (A.C.T.) Law;
“Legislature” means the Legislative Assembly of the Australian Capital Territory;
“local appeals body” means the Australian Competition Tribunal;
“local Minister” means the Minister for the time being administering this Act;
“local Regulator” means—
	(a)	in relation to a transmission pipeline—the ACCC; or
	(b)	in relation to a distribution pipeline—the Independent Competition and Regulatory Commission established by the Independent Competition and Regulatory Commission Act 1997;
 “Supreme Court” means the Supreme Court of the Australian Capital Territory;
“this scheme participant” means the Australian Capital Territory.
(2)  	The Acts (including, in particular, the Acts Interpretation Act 1915) and other laws of South Australia do not apply to the Gas Pipelines Access (A.C.T.) Law or the Gas Pipelines Access (A.C.T.) Regulations.

part iii—national administration and enforcement
Division 1—Conferral of functions and powers
9  	Conferral of functions on Commonwealth Minister 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 by or under the Gas Pipelines Access (A.C.T.) Law.
(2)  	In addition to the powers mentioned in subsection (1), the Commonwealth Minister and the bodies referred to in that subsection have 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 subsection.
10  	Conferral of power on Commonwealth Minister and Commonwealth bodies to do acts in the Territory
	The Commonwealth Minister, the ACCC, the NCC and the Australian Competition Tribunal have power to do acts in or in relation to the Territory in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of another scheme participant.
11  	Conferral of power on Ministers, Regulators and appeals bodies of other scheme participants
	The local Minister, the local Regulator and the local appeals body, within the respective meanings of the gas pipelines access legislation of another scheme participant, have power to do acts in or in relation to the Territory in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of that other scheme participant.
12  	Conferral of functions on Code Registrar
(1)  	The Code Registrar—
	(a)	has the functions and powers conferred or expressed to be conferred on the Code Registrar by or under the Gas Pipelines Access (A.C.T.) Law or under the National Gas 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.
(2)  	The Code Registrar may, by instrument signed by him or her, delegate to any person all or any of those functions and powers.
(3)  	The Code Registrar or a delegate has power to do all things necessary or convenient to be done in connection with the performance or exercise of—
	(a)	in the case of the Code Registrar—the functions and powers referred to in subsection (1); or
	(b)	in the case of a delegate—the functions and powers delegated under subsection (2) to him or her.
13  	Functions and powers conferred on the Minister, Regulator or appeals body
(1) 	If the gas pipelines access legislation of another scheme participant confers a function or power on the local Minister, the local Regulator or the local appeals body, the local Minister, the local Regulator or the local appeals body, as the case requires—
	(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.
(2) 	In subsection (1), “local Minister”, “local Regulator” and “local appeals body” have the respective meanings given by subsection 8 (1), as amended from time to time.
14  	The Independent Pricing and Regulatory Commission—powers and functions as local Regulator
	In its capacity as the local Regulator in relation to a distribution pipeline, the Independent Competition and Regulatory Commission—
	(a)	may perform a function, or exercise a power if, and only if, the function or power is conferred on it by—
	(i)	the Gas Pipelines Access (A.C.T.) Law; or
	(ii)	the gas pipelines access legislation of another scheme participant; and
	(b)	in so doing, is not subject to control or direction by a Minister.
Division 2—Federal Court
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 (A.C.T.) Law; and
	(b)	applications made to the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth in its application as a law of the Territory under Division 3.
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
17  	Application of the Commonwealth AD (JR) Act
(1)  	The Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth applies as a law of the Territory to any matter arising in relation to a decision of a Code body under the Gas Pipelines Access (A.C.T.) Law as if that Law were an enactment within the meaning of that Act and not a law of the Territory.
(2)  	For the purposes of the application of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth as a law of the Territory, a matter arising in relation to a decision of a Code body under the Gas Pipelines Access (A.C.T.) Law—
	(a)	is taken to be a matter arising in relation to laws of the Commonwealth in the same way as if the Gas Pipelines Access (A.C.T.) Law were a law of the Commonwealth; and
	(b)	is taken not to be a matter arising in relation to laws of the Territory.
18  	Application of the 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 of the Territory 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 participant.
(2)  	For the purposes of the application of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth as a law of the Territory, 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 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.
(3)  	This section does not require, prohibit, empower, authorise, or otherwise provide for, the doing of an act outside the Territory.

part iv—general
19  	Exemption from taxes
(1)  	Any stamp duty or other tax imposed by or under a law of the Territory 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 matter” means a transfer of assets or liabilities that the 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 the Code; or
	(b)	for the purpose of the separation of certain activities from other activities of a person as required 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 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;
	(b)	by, or in relation to, an arbitrator appointed by a relevant Regulator within the meaning of that legislation; or
	(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 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 jurisdiction area a part of the pipeline is situated (in this subsection called “that other legislation”)—
	(d)	by, or in relation to, a relevant Minister, or relevant Regulator, within the meaning of that other legislation; 
	(e)	by, or in relation to, an arbitrator appointed by a relevant Regulator within the meaning of that other legislation; 
	(f)	by the Federal Court; or 
	(g)	by the Supreme Court, or relevant appeals body, within the respective meanings of that other legislation;
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 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.

ENDNOTES
1	About this republication
This is a republication of the Gas Pipelines Access Act 1998 as in force on 23 March 2000.  It includes all amendments made to the Act up to Act 2000 No 8.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Gas Pipelines Access Act 1998	1998 No 15	30 June 1998	ss 1 and 2: 30 June 1998
ss 3-7, 8 (1) and 
9-20: 1 July 1998 (see Gaz 1998 No S174 p 4)
s 8 (2): 7 Oct 1998 (see Gaz 1998 No 40 p 912)		
Independent Competition and Regulatory Commission Amendment Act 2000
	2000 No 8	23 Mar 2000	23 Mar 2000	—	

4	Table of amendments

Provision	How affected†

s 8	am 2000 No 8 s 24 sch 2
s 14	am 2000 No 8 s 24 sch 2