[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
National Gas (South Australia) (Gas Trading Exchanges)
Amendment Bill 2013
A BILL FOR
An Act to amend the National
Gas (South Australia) Act 2008.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment
of National Gas Law
4Amendment of section
2—Definitions
5Amendment of section 74—Subject matter for
National Gas Rules
6Amendment of section 91A—AEMO's statutory
functions
7Insertion of new Division
Division 2B—Gas trading
exchanges
91BRKAEMO's gas
trading exchange functions
91BRLGas trading exchange not to constitute a
regulated gas market
8Amendment of section 91H—Obligations
under Rules or Procedures to make payments
9Insertion of section
294D
294DSouth Australian
Minister to make initial Rules relating to AEMO's gas trading exchange
functions
10Amendment of Schedule 1—Subject matter
for the National Gas Rules
The Parliament of South Australia enacts as
follows:
This Act may be cited as the National Gas (South Australia) (Gas Trading
Exchanges) Amendment Act 2013.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5) of the Acts
Interpretation Act 1915 does not apply to this Act or to a
provision of this Act.
In this Act, a provision in
Part 2 amends the
National
Gas Law set out in the Schedule to the National
Gas (South Australia) Act 2008.
Part 2—Amendment
of National Gas Law
4—Amendment
of section 2—Definitions
(1) Section 2(1)—after the definition of gas statement of
opportunities insert:
gas trading exchange means a facility through which persons
may elect to buy and sell natural gas or related goods or services, including
pipeline capacity;
gas trading exchange agreement means an agreement that
relates to participation in, and the operation and administration of, a gas
trading exchange established by AEMO to which AEMO (or a person appointed by
AEMO to operate the gas trading exchange), and a person who becomes a member of
the exchange, are parties;
gas trading exchange functions—AEMO's gas trading
exchange functions are as set out in section 91BRK;
gas trading exchange member means a person who is (or who was
at the relevant time) a member of a gas trading exchange under a gas trading
exchange agreement;
(2) Section 2(1)—after the definition of greenfields pipeline
incentive insert:
GTE amendments means the amendments to this Law made by the
National
Gas (South Australia) (Gas Trading Exchanges) Amendment
Act 2013;
5—Amendment
of section 74—Subject matter for National Gas Rules
Section 74(1)—after paragraph (a) insert:
(aaa) AEMO's gas trading exchange functions and the operation of a gas
trading exchange; and
6—Amendment
of section 91A—AEMO's statutory functions
Section 91A(1)—after paragraph (g) insert:
(ga) the gas trading exchange functions;
After section 91BRJ insert:
Division 2B—Gas trading
exchanges
91BRK—AEMO's gas trading exchange
functions
(1) AEMO's gas trading exchange functions are as follows:
(a) to establish, operate and administer 1 or more gas trading
exchanges;
(b) to appoint, in accordance with the Rules, another person to operate a
gas trading exchange;
(c) in relation to a gas trading exchange, to make and administer a gas
trading exchange agreement for the purposes of the exchange.
(2) AEMO may trade in natural gas to the extent necessary or desirable for
the efficient operation of a gas trading exchange after taking into account any
provision made by or under the gas trading exchange agreement that applies in
relation to the exchange.
(3) AEMO may, subject to the Rules and the relevant gas trading exchange
agreement, suspend trading on a gas trading exchange.
91BRL—Gas trading exchange not to constitute a
regulated gas market
A gas trading exchange is not a regulated gas market.
8—Amendment
of section 91H—Obligations under Rules or Procedures to make
payments
(1) Section 91H(4)—before the definition of notice to
pay insert:
AEMO includes, in relation to a gas trading exchange, a
person appointed by AEMO to operate that exchange;
(2) Section 91H(4), definition of Registered
participant—after "participant" insert:
and a gas trading exchange member
After section 294C insert:
294D—South Australian Minister to make initial
Rules relating to AEMO's gas trading exchange functions
(1) The Minister in
right of the Crown of South Australia administering Part 2 of the National
Gas (South Australia) Act 2008 (the South Australian
Minister) may make Rules on any 1 or more of the following
subjects:
(a) AEMO's gas trading exchange functions;
(b) the subject matter of a new head of power added to Schedule 1 by
the GTE amendments;
(c) any other subject contemplated by, or consequential on, the GTE
amendments.
(2) Rules may only be made under
subsection (1)
on the recommendation of the MCE.
(3) Section 74(3) applies to Rules made under
subsection (1) in
the same way as it applies to Rules made by the AEMC.
(4) As soon as
practicable after making Rules under
subsection (1), the
South Australian Minister must—
(a) publish notice of
the making of the Rules in the South Australian Government Gazette stating the
date of commencement or, if they commence at different times, various dates of
commencement; and
(b) make the Rules publicly available.
(5) The South Australian Minister may, by a later notice published in the
South Australian Government Gazette, vary a commencement date fixed under
subsection (4)(a) of
this subsection.
(6) Once the first Rules have been made under
subsection (1), no
further Rules can be made under that subsection.
(7) Rules in the nature of a derogation may be made under this section
even though no request has been made for the derogation.
10—Amendment
of Schedule 1—Subject matter for the National Gas
Rules
Schedule 1—after item 55N insert:
55O |
The operation and administration of a gas trading exchange. |
55P |
The content, operation and administration of a gas trading exchange
agreement. |
55Q |
The duties and obligations of members of a gas trading exchange. |
55R |
Other rules relating to the conduct (including suspension) of the members
of a gas trading exchange. |
55S |
The determination and settlement of payments in relation to a gas trading
exchange. |