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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gas Supply Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Gas Supply Act 1996 No 38 2
4 Repeal of Act 2
Schedule 1 Amendments 3
b2007-110-31.d08
New South Wales
Gas Supply Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Gas Supply Act 1996 with respect to ensuring the continuity of
supply of natural gas to customers; and for other purposes.
Clause 1 Gas Supply Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Gas Supply Amendment Act 2008. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Gas Supply Act 1996 No 38 6
The Gas Supply Act 1996 is amended as set out in Schedule 1. 7
4 Repeal of Act 8
(1) This Act is repealed on the day following the day on which this Act 9
commences. 10
(2) The repeal of this Act does not, because of the operation of section 30 11
of the Interpretation Act 1987, affect any amendment made by this Act. 12
Page 2
Gas Supply Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 2 Commencement 3
Omit section 2 (2). 4
[2] Section 3 Objects 5
Insert after section 3 (1) (b): 6
(b1) to facilitate the continuity of supply of natural gas to 7
customers, 8
[3] Part 2A 9
Insert "wholesale and" after "gas" in the heading to the Part. 10
[4] Section 33K Market operations rules 11
Insert after section 33K (1) (d): 12
(d1) the establishment and operation of a wholesale natural gas 13
market scheme, to ensure the continuity of supply of 14
natural gas to customers, that will apply to the owners and 15
operators of natural gas transmission pipelines, shippers of 16
natural gas and authorised reticulators and suppliers, 17
[5] Section 33K (2A) 18
Insert after section 33K (2): 19
(2A) Rules referred to in subsection (1) (d1) may make provision for 20
or with respect to the following: 21
(a) interruptions to the supply of natural gas in circumstances 22
specified in the rules, 23
(b) the functions of the scheme regulator (being the person 24
identified as such by the rules) with respect to ensuring 25
compliance with the rules, including: 26
(i) the power to make orders against the owners and 27
operators of natural gas transmission pipelines, 28
shippers of natural gas and authorised reticulators 29
and suppliers (the scheme participants), and 30
(ii) the power to impose civil penalties of up to $50,000 31
on scheme participants for failure to comply with 32
the rules or any order of the scheme regulator, 33
Page 3
Gas Supply Amendment Bill 2008
Schedule 1 Amendments
(c) the costs payable by a scheme participant if the scheme 1
regulator makes an order against the scheme participant or 2
imposes a civil penalty on the scheme participant, and the 3
recovery of any such costs or civil penalty. 4
[6] Section 33K (5) (c) 5
Omit "reticulator.". 6
Insert instead "reticulator, unless the rule is approved in respect of a matter 7
referred to in subsection (1) (d1), and". 8
[7] Section 33K (5) (d) 9
Insert after section 33K (5) (c): 10
(d) the Minister must make available a copy of the rule on the 11
internet site of the Department. 12
[8] Section 33K (8) 13
Insert after section 33K (7): 14
(8) In this section: 15
natural gas transmission pipeline means the gas pipes and 16
associated equipment that are used to convey and control the 17
conveyance of natural gas to distribution pipelines and to the 18
premises of customers, but does not include: 19
(a) any distribution pipeline (other than a pipeline that the 20
regulations declare to be, or to form part of, a natural gas 21
transmission pipeline), or 22
(b) any gas installation, or 23
(c) any gas pipe or associated equipment that is wholly 24
situated on land owned by the person who owns or controls 25
the gas pipe or equipment, or 26
(d) any gas pipe or associated equipment that the regulations 27
declare not to be, or not to form part of, a natural gas 28
transmission pipeline. 29
shipper of natural gas means a person that purchases services 30
with respect to the transmission of natural gas by way of a natural 31
gas transmission pipeline from the owner or operator of the 32
pipeline, whether or not the gas is transported for the person's 33
own use. 34
Page 4
Gas Supply Amendment Bill 2008
Amendments Schedule 1
[9] Section 33L Obligations under rules 1
Insert after section 33L (4): 2
(5) A person may be convicted of an offence under this section even 3
though that person may have been required to pay a civil penalty 4
under market operations rules in respect of the same act or 5
omission. 6
[10] Section 33LA 7
Insert after section 33L: 8
33LA Civil liability of scheme operator under section 33K (1) (d1) rules 9
(1) The scheme operator, or an officer or employee of the scheme 10
operator, does not incur any civil monetary liability for an act or 11
omission in the exercise, or purported exercise, of a function of 12
the scheme operator under the rules unless the act or omission is 13
done or made in bad faith or through negligence. 14
(2) The operator of a natural gas transmission pipeline, or an officer 15
or employee of the operator, does not incur any civil monetary 16
liability in respect of a disclosure of information to the scheme 17
operator in compliance with, or in purported compliance with, a 18
requirement under the rules unless the disclosure is made in bad 19
faith or through negligence. 20
(3) The civil monetary liability for an act or omission of a kind 21
referred to in subsection (1), or of a disclosure referred to in 22
subsection (2), done or made through negligence may not exceed 23
the maximum amount prescribed by the regulations. 24
(4) For the purposes of subsection (3), the regulations may: 25
(a) prescribe maximum amounts that are limited in their 26
application to persons, events, circumstances, losses or 27
periods specified in the regulations, and 28
(b) prescribe maximum amounts that vary in their application 29
according to the persons to whom or the events, 30
circumstances, losses or periods to which they are 31
expressed to apply, and 32
(c) prescribe the manner in which a maximum amount is to be 33
divided amongst claimants. 34
(5) The scheme operator may enter into an agreement with a person 35
varying or excluding the operation of a provision of this section 36
(other than subsection (6) (b)) and, to the extent of that 37
agreement, that provision does not apply. 38
Page 5
Gas Supply Amendment Bill 2008
Schedule 1 Amendments
(6) This section does not apply to: 1
(a) any liability of an officer or employee of the scheme 2
operator to the scheme operator, or 3
(b) any liability for death or bodily injury. 4
(7) In this section: 5
civil monetary liability means liability to pay damages or 6
compensation or any other amount in a civil proceeding, but does 7
not include liability to pay a civil penalty under the rules or the 8
costs of proceedings. 9
rules means the rules referred to in section 33K (1) (d1). 10
scheme operator means the person identified as the scheme 11
operator by the rules. 12
[11] Schedule 1 Amendment of other Acts and instruments 13
Omit "Gas Act 1986" from Schedule 1.7. 14
Insert instead "Gas Industry Restructuring Act 1986". 15
[12] Schedule 2 Savings, transitional and other provisions 16
Insert at the end of clause 1 (1): 17
Gas Supply Amendment Act 2008 18
[13] Schedule 2 19
Insert after Part 4: 20
Part 5 Provisions consequent on enactment of 21
Gas Supply Amendment Act 2008 22
22 Publication of market operations rules on internet 23
Section 33K (5) (d), as inserted by the Gas Supply Amendment 24
Act 2008, does not extend to a rule, or a rule amending or 25
revoking a rule, approved by the Minister before the 26
commencement of that paragraph. 27
Page 6
Gas Supply Amendment Bill 2008
Amendments Schedule 1
[14] Dictionary 1
Omit the definition of Department. Insert instead: 2
Department means the Department of Water and Energy. 3
Page 7
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