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Tuesday, 7 June 1994
Page: 1416


Senator COOK (Minister for Industry, Science and Technology and Minister Assisting the Prime Minister for Science) (6.13 p.m.) —by leave—I move:

(1)Clause 32, page 14, line 7, subclause (4), omit ", after the sale day but before 15 October 1994,".

(2)Clause 66, page 30, at end of clause add the following subclause:

  "(3) A reference in this Part to engaging in conduct includes a reference to failing or refusing to do an act or thing.".

(3)Clause 73, page 35, sublcause (2), lines 13 and 14, subclause (2), omit the subclause.

(4)Clause 80, page 38, paragraphs (3)(a) and (b), lines 1 to 14, omit the paragraphs, substitute the following paragraphs:

    "(a)the contractor's right to require the Moomba operator to supply haulage services sufficient to enable AGL to exercise AGL's Schedule entitlements; or

     (b)the contractor's right to require the Moomba operator to supply haulage services that are sufficient to enable the contractor to exercise or fulfil the contractor's Schedule rights or obligations; or

    (ba)the contractor's right to require the Moomba operator to supply haulage services that are sufficient to enable the contractor to meet its obligations to supply the actual gas requirements of its customers under negotiated contracts entered into before notice of the dispute was given to the TPC under subsection 75(1) or (6); or".

(5)Clause 80, page 38, after subclause (3) insert the following subclause:

    "(3A) The TPC must not make a determination that would deprive a capacity increaser of the right to require the Moomba operator to supply haulage services, up to the amount of the increase in capacity, that are sufficient to enable the increaser to meet:

    (a)the increaser's own actual gas haulage requirements; and

    (b)the increaser's obligations to supply the actual gas requirements of the increaser's customers under contracts entered into before notice of the dispute was given to the TPC under subsection 75(1) or (6).".

(6)Clause 80, page 39, after subclause (6) insert the following subclause:

  "(6A) Any amendment to the supply agreement on or after the sale day does not affect the operation of this section.".

(7)Clause 80, page 39, subclause (8), insert the following definitions in alphabetical order:

"`capacity increaser' means a person (other than the Moomba operator) who has borne or is bearing the cost of increasing the capacity of the Moomba pipeline;

  `Schedule entitlements' means any rights under the supply agreement to acquire gas up to the volumes worked out using Schedules A and C to the supply agreement in accordance with the agreement;

  `Schedule rights or obligations' means any rights or obligations under the supply agreement to supply gas up to the volumes worked out using Schedules A and C to the supply agreement in accordance with the agreement;

  `supply agreement' means the agreement made between Alliance Petroleum Australia No Liability, Basin Oil No Liability, Bridge Oil No Liability, Delhi International Oil Corporation, Pursuit Oil No Liability, Reef Oil No Liability, Santos Limited, Total Exploration Australia Proprietary Limited, Vamgas No Liability and the Australian Gas Light Company on 26 May 1971 as in force immediately before the sale day;".

(8)Clause 114, page 49, subclause (1), line 25, after "73", insert "or 135A".

(9)After clause 135, page 56, insert the following new clause:

Certain information to be supplied to the TPC

  "135A. If a Moomba operator decreases the amount of haulage services provided under a determination to a party to the determination because those services are actually required by a person whose rights are covered by subsection 80(3) or (3A), the Moomba operator must give the TPC and each party to the determination a written notice informing the TPC and each party of the details of the circumstances giving rise to the decrease in the provision of haulage services. The notice must be given within 7 days of the time when the decrease happens.".

(10)Clause 159, page 63, proposed subsection 28(4), before definition of "Sale day" insert the following definition:

  "`Sale Act' means the Moomba-Sydney Pipeline System Sale Act 1994;".

Note:If amendment (6) is made to the Moomba-Sydney Pipeline System Sale Bill 1994, the heading to clause 114 should be omitted and the following heading substituted:

"Enforcement of sections 73 and 135A and subsection 129(1)".

I table a supplementary explanatory memorandum relating to the government amendments to this bill.