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Gas Pipelines Access (Commonwealth) Bill 1998

Part 2 Application of this Act, the Gas Pipelines Access (Commonwealth) Law and the Gas Pipelines Access (Commonwealth) Regulations in particular circumstances

   

8   Application of laws in certain Territories and adjacent areas under this Act

             (1)  This Act, the Gas Pipelines Access Law and the Gas Pipelines Access Regulations apply:

                     (a)  in each of the external Territories (other than Norfolk Island or the Australian Antarctic Territory or any other external Territory that is prescribed); and

                     (b)  in the adjacent area in respect of each external Territory to which this Act applies under paragraph (a); and

                     (c)  in the Jervis Bay Territory.

             (2)  If the Gas Pipelines Access Law applies in an external Territory and its adjacent area or in the Jervis Bay Territory:

                     (a)  the Gas Pipelines Access Law so applies as a law of the Commonwealth; and

                     (b)  as so applying may be referred to as the Gas Pipelines Access (Commonwealth) Law.

             (3)  If the Gas Pipelines Regulations apply in an external Territory and its adjacent area or in the Jervis Bay Territory:

                     (a)  the Gas Pipelines Access Regulations so apply as regulations in force for the purposes of the Gas Pipelines Access (Commonwealth) Law; and

                     (b)  as so applying may be referred to as the Gas Pipelines Access (Commonwealth) Regulations.

             (4)  Subsection (1) does not apply in relation to a Territory or its adjacent area if, in accordance with an Act, ther e is in force in that Territory, whether with or without modifications, the gas pipelines access legislation of a State, the Australian Capital Territory or the Northern Territory.

9   Application of Gas Pipelines Access Law in certain adjacent areas under P(SL) Act

                   If this Act applies in the adjacent area in respect of a State or of the Northern Territory because of the operation of subsection 9(1A) or 11(1A) of the P(SL) Act:

                     (a)  the Gas Pipelines Access Law also applies in that adjacent area as a law of the Commonwealth; and

                     (b)  as so applying may be referred to as the Gas Pipelines Access (Commonwealth) Law.

10   Application of Gas Pipelines Access Regulations in certain adjacent areas under P(SL) Act

                   If this Act applies in the adjacent area in respect of a State or of the Northern Territory because of the operation of subsection 9(1A) or 11(1A) of the P(SL) Act:

                     (a)  the Gas Pipelines Access Regulations also apply in that adjacent area as regulations in force for the purposes of the Gas Pipelines Access (Commonwealth) Law; and

                     (b)  as so applying may be referred to as the Gas Pipelines Access (Commonwealth) Regulations.

11   Extended operation of certain State and Territory Laws

             (1)  If, because of the operation of subsection 9(1) or 11(1) of the P(SL) Act, the gas pipelines access legislation of a State or of the Northern Territory also applies, as a law of the Commonwealth, in the adjacent area in respect of that State or Territory, then:

                     (a)  subject to subsection (2), any act or thing done, including an act or thing that is taken to have been done, for the purposes of the gas pipelines access legislation of that State or Territory, is taken also to be done or to have been done for the purposes of that legislation as so applying; and

                     (b)  subject to subsection (3), that legislation as so applying is to be administered by the same persons or bodies, and in the same manner, as that law is administered within the limits of the State or Territory.

             (2)  If:

                     (a)  an act or thing was done for the purposes of a law of a State or Territory (whether before or after the commencement of the gas pipelines access legislation of that State or Territory); and

                     (b)  the act or thing is, for the purposes of a law of the State or Territory, taken to have been done for the purposes of the gas pipelines access legislation of that State or Territory;

the act or thing is taken, under paragraph (1)(a), to have been done under the gas pipelines access legislation applying in the adjacent area in respect of that State or Territory only if the Commonwealth Minister determines in writing that the act or thing is to be taken to have that effect.

             (3)  Subject to subsection (4), if any payment (including fees, charges or pecuniary penalties) (an applicable payment ) is received by the State or Territory referred to in subsection (1), or by an authority of that State or Territory, under the gas pipelines access legislation as so applying:

                     (a)  the applicable payment is taken to have been received on behalf of the Commonwealth and must be paid to the Commonwealth by that State or Territory or that authority; and

                     (b)  the Commonwealth must pay to the State or Territory, or to that authority, an amount equal to the applicable payment.

             (4)  A payment under paragraph (3)(a) may be set off against a payment under paragraph (3)(b) but the Commonwealth must show, for accounting purposes, the full amount of each payment made under each of those paragraphs.

             (5)  If, in accordance with an Act of the Commonwealth, the gas pipelines access legislation of a State, the Australian Capital Territory or the Northern Territory is in force in an external Territory and its adjacent area, or in the Jervis Bay Territory, then:

                     (a)  subject to subsection (6), any act or thing done, including any act or thing that is taken to have been done, for the purposes of the gas pipelines access legislation of that State, the Australian Capital Territory or the Northern Territory, is taken also to be done, or to have been done, for the purposes of that legislation as so in force; and

                     (b)  subject to subsection (7), that legislation as so in force is to be administered by the same persons or bodies, and in the same manner, as that law is administered within the limits of the State, the Australian Capital Territory or the Northern Territory, as the case may be.

             (6)  If:

                     (a)  an act or thing was done for the purposes of a law of a State, the Australian Capital Territory or the Northern Territory (whether before or after the commencement of the gas pipelines access legislation of that State or Territory); and

                     (b)  the act or thing is, under a law of that State or Territory, taken to have been done for the purposes of the gas pipelines access legislation of that State or Territory;

the act or thing is taken, under paragraph (5)(a), to have been done for the purposes of the gas pipelines access legislation as in force in an external Territory and its adjacent area only if the Commonwealth Minister determines in writing that the act or thing is to be taken to have that effect.

             (7)  Subject to subsection (8), if any payment (including fees, charges or pecuniary penalties) (an applicable payment ) is received by the State, the Australian Capital Territory or the Northern Territory referred to in subsection (5), or by an authority of that State or Territory, under the gas pipelines access legislation as in force in an external Territory and its adjacent area:

                     (a)  the applicable payment is taken to have been received on behalf of the Commonwealth and must be paid to the Commonwealth by that State or Territory or by that authority; and

                     (b)  the Commonwealth must pay to the State or Territory, or to that authority, an amount equal to the applicable payment.

             (8)  A payment under paragraph (7)(a) may be set off against a payment under paragraph (7)(b) but the Commonwealth must show, for accounting purposes, the full amount of each payment made under each of those paragraphs.

             (9)  The Consolidated Revenue Fund of the Commonwealth is appropriated for the purpose of making the payments provided for in paragraphs (3)(b) and (7)(b).

           (10)  The Commonwealth Minister must cause a copy of each determination under subsection (2) or (6) to be laid before each House of the Parliament within 5 sitting days of that House after the determination was made.

           (11)  Nothing in this section affects, by implication, the application of any other law of a State, the Australian Capital Territory or the Northern Territory, under another provision of an Act, in:

                     (a)  an external Territory; or

                     (b)  the adjacent area in respect of a State or Territory; or

                     (c)  the Jervis Bay Territory.

           (12)  A reference in this section to an act or thing done or taken to have been done includes a reference to a decision made or taken to have been made.

12   Interpretation of some expressions in the Gas Pipelines Access (Commonwealth) Law and the Gas Pipelines Access (Commonwealth) Regulations

             (1)  In the Gas Pipelines Access (Commonwealth) Law and the Gas Pipelines Access (Commonwealth) Regulations:

Code means:

                     (a)  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

                     (b)  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 8 or 9 of this Act as a law of the Commonwealth.

Consolidated Fund means the Consolidated Revenue Fund of the Commonwealth.

Gas Pipelines Access Law means the Gas Pipelines Access (Commonwealth) Law.

Legislature means the Parliament of the Commonwealth.

local Regulator means the ACCC.

the Court means the Federal Court of Australia.

this law means the Gas Pipelines Access (Commonwealth) Law.

this scheme participant means the Commonwealth.

             (2)  In the Gas Pipelines Access (Commonwealth) Law and the Gas Pipelines Access (Commonwealth) Regulations:

                     (a)  a reference to the local appeals body or to the designated appeals body is a reference to the Australian Competition Tribunal; and

                     (b)  a reference to the local Minister or to the designated Minister is a reference to the Minister having responsibility for the administration of this Act.