Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Gas Pipelines Access (Commonwealth) Bill 1998

Part 4 Miscellaneous

   

20   Exemption from Commonwealth tax es

             (1)  Any prescribed tax imposed by or under a law of the Commonwealth 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 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 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.

21   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)  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 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 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.

22   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; or

                     (b)  by, or in relation to, an arbitrator appointed by such 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 jurisdictional area a part of the pipeline is situated ( that other legislation ):

                     (d)  by, or in relation to, a relevant Minister, or a relevant Regulator, within the meaning of that other legislation; or

                     (e)  by, or in relation to, an arbitrator appointed by a relevant Regulator within the meaning of that other legislation; or

                      (f)  by the Federal Court, or by the Supreme Court, or relevant appeals body, within the meaning 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.

23   Regulations

                   The Governor-General may make regulations, not inconsistent with this Act, 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.