Commonwealth Consolidated Acts

AUSTRALIAN ENERGY MARKET ACT 2004 - SECT 3

                   In this Act, unless the contrary intention appears:

"Australian Energy Market Commission" means the body established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia.

"Australian Energy Regulator" means the body established by section 44AE of the Trade Practices Act 1974 .

"coastal waters" , in relation to Western Australia, means so much of the scheduled area (within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ) for Western Australia as consists of:

                     (a)  the territorial sea; and

                     (b)  the sea that is:

                              (i)  on the landward side of the territorial sea; and

                             (ii)  not within the limits of Western Australia.

For this purpose, assume that the breadth of the territorial sea of Australia had never been determined or declared to be greater than 3 nautical miles, but had continued to be 3 nautical miles.

"Commonwealth Minister" means the Minister administering this Act.

"Economic Regulation Authority" means the body established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia.

"federal tax-exempt matter" has the meaning given by subsection 13D(2).

"National Electricity (Commonwealth) Law" means the provisions applying under section 6.

"National Electricity (Commonwealth) Law and Regulations" means:

                     (a)  the National Electricity (Commonwealth) Law; and

                     (b)  the National Electricity (Commonwealth) Regulations.

"National Electricity (Commonwealth) Regulations" means the provisions applying under section 7.

"National Gas (Commonwealth) Law" means the provisions applying under section 11A.

"National Gas (Commonwealth) Law and Regulations" means:

                     (a)  the National Gas (Commonwealth) Law; and

                     (b)  the National Gas (Commonwealth) Regulations.

"National Gas (Commonwealth) Regulations" means the provisions applying under section 11B.

"natural gas" has the same meaning as in the National Gas (Commonwealth) Law.

"offshore area" , in relation to a State or Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

"offshore Western Australian pipeline" means a pipeline (within the meaning of the National Gas (Commonwealth) Law) for transporting natural gas from one or more points of origination in the offshore area of Western Australia to one or more points of termination in:

                     (a)  Western Australia; or

                     (b)  the coastal waters of Western Australia;

but does not include a pipeline any part of which is situated in another State or in a Territory.

"Offshore Western Australian Pipelines (Commonwealth) Law" means the provisions applying under section 11J.

"Offshore Western Australian Pipelines (Commonwealth) Law and Regulations" means:

                     (a)  the Offshore Western Australian Pipelines (Commonwealth) Law; and

                     (b)  the Offshore Western Australian Pipelines (Commonwealth) Regulations.

"Offshore Western Australian Pipelines (Commonwealth) Regulations" means the provisions applying under section 11K.

"prescribed uniform energy law" means a uniform energy law covered by paragraph (b) of the definition of uniform energy law .

"South Australian Electricity Legislation" means:

                     (a)  the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time; and

                     (b)  any regulations, as in force from time to time, made under Part 4 of that Act.

The reference in paragraph (a) to the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

"South Australian Gas Legislation" means:

                     (a)  the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time; and

                     (b)  any regulations, as in force from time to time, made under Part 3 of that Act.

The reference in paragraph (a) to the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.

"State/Territory electricity law" means:

                     (a)  the South Australian Electricity Legislation as it applies as a law of South Australia; or

                     (b)  the South Australian Electricity Legislation as it applies as a law of another State; or

                     (c)  the South Australian Electricity Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory.

"State/Territory energy law" means:

                     (a)  a State/Territory electricity law; or

                     (b)  a State/Territory gas law.

"State/Territory gas law" means:

                     (a)  the South Australian Gas Legislation as it applies as a law of South Australia; or

                     (b)  the South Australian Gas Legislation as it applies as a law of another State; or

                     (c)  the South Australian Gas Legislation as it applies as a law of the Australian Capital Territory or the Northern Territory; or

                     (d)  the Western Australian Gas Legislation as it applies as a law of Western Australia.

"State/Territory tax-exempt matter" has the meaning given by subsection 13E(2).

"uniform energy law" means:

                     (a)  the South Australian Electricity Legislation; or

                    (aa)  the South Australian Gas Legislation; or

                    (ab)  the Western Australian Gas Legislation; or

                     (b)  provisions of a law of a State or Territory that:

                              (i)  relate to energy; and

                             (ii)  are prescribed by the regulations for the purposes of this subparagraph;

                            being those provisions as in force from time to time.

"Western Australian Gas Legislation" means:

                     (a)  the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time; and

                     (b)  any regulations, as in force from time to time, made under Part 3 of that Act.

The reference in paragraph (a) to the National Gas Access (Western Australia) Law (within the meaning of the National Gas Access (WA) Act 2009 of Western Australia) as in force from time to time includes a reference to any Rules or other instruments, as in force from time to time, made or having effect under that Law.