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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Gas Pipelines Access (Western Australia)
(Reviews) Amendment Bill 2003
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Schedule 1 section 11 amended 2
5. Schedule 1 section 38 amended 2
6. Schedule 1 section 39 amended 3
7. Schedule 1 section 41 amended 5
173--1 page i
Western Australia
LEGISLATIVE COUNCIL
Gas Pipelines Access (Western Australia)
(Reviews) Amendment Bill 2003
A Bill for
An Act to amend the Gas Pipelines Access (Western Australia)
Act 1998.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Gas Pipelines Access (Western
Australia) (Reviews) Amendment Act 2003.
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Gas Pipelines Access (Western Australia) (Reviews) Amendment Bill 2003
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Gas Pipelines Access
5 (Western Australia) Act 1998*.
[* Reprinted as at 11 August 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 148.]
4. Schedule 1 section 11 amended
10 (1) Schedule 1 section 11(2) is amended by deleting "and the
relevant Ministers of the scheme participants" and inserting
instead --
"
, the relevant Ministers of the scheme participants and the
15 Code Registrar
".
(2) After Schedule 1 section 11(3) the following subsection is
inserted --
"
20 (4) If the Ministers classify, or make a determination in respect
of, a pipeline under subsection (3), they must cause the
Code Registrar to be notified of the decision.
".
5. Schedule 1 section 38 amended
25 (1) Schedule 1 section 38(1) is amended by inserting after
"body" --
"
, in accordance with this Part and any applicable law
governing the practice and procedure of that body,
30 ".
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Gas Pipelines Access (Western Australia) (Reviews) Amendment Bill 2003
s. 6
(2) Schedule 1 section 38(2) is repealed and the following
subsection is inserted instead --
"
(2) The time for making an application under this section for a
5 review of a decision expires 14 days after the decision is
placed on the public register kept by the Code Registrar
under the Code.
".
(3) Schedule 1 section 38(6)(a) is amended by inserting after
10 "section 39(1)" --
" or (1a) ".
6. Schedule 1 section 39 amended
(1) Schedule 1 section 39(1) is repealed and the following
subsections are inserted instead --
15 "
(1) If the relevant Regulator makes a decision under the Code to
approve the Regulator's own access arrangement or the
Regulator's own revisions of an access arrangement --
(a) in place of an access arrangement or revisions
20 submitted for approval by a service provider; or
(b) because a service provider fails to submit an access
arrangement or revisions as required by the Code,
the following persons may apply to the relevant appeals
body for a review of the decision --
25 (c) the service provider;
(d) a person who made a submission to the relevant
Regulator on the access arrangement or revisions
submitted by the service provider or drafted by the
Regulator and whose interests are adversely
30 affected by the decision.
(1a) If the relevant Regulator makes a decision under the Code --
(a) to disallow a variation proposed by a service
provider of a Reference Tariff within an Access
Arrangement Period; or
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Gas Pipelines Access (Western Australia) (Reviews) Amendment Bill 2003
s. 6
(b) to make the Regulator's own variation of a
Reference Tariff within an Access Arrangement
Period --
(i) on disallowing a variation proposed by a
5 service provider; or
(ii) because a service provider fails to submit
such a variation as required by the Code,
the service provider may apply to the relevant appeals body
for a review of the decision.
10 ".
(2) Schedule 1 section 39(2) is amended as follows:
(a) by deleting "subsection (1)" and inserting instead --
" this section ";
(b) in paragraph (b) by inserting before "may" --
15 " in the case of an application under subsection (1), ".
(3) Schedule 1 section 39(3) is amended by deleting
"subsection (1)" and inserting instead --
" this section ".
(4) Schedule 1 section 39(5) is amended by deleting paragraphs (a)
20 and (b) and inserting instead --
"
(a) the application for review and submissions in
support of the application (other than, in the case of
an application under subsection (1), any matter not
25 raised in submissions to the relevant Regulator
before the decision was made);
(ab) the relevant access arrangement or proposed access
arrangement or revision or proposed revision of an
access arrangement, together with any related
30 access arrangement information or proposed access
arrangement information;
(ac) in the case of an application under
subsection (1a) -- any notice of a proposed
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Gas Pipelines Access (Western Australia) (Reviews) Amendment Bill 2003
s. 7
variation of Reference Tariff within an Access
Arrangement Period given by the service provider
to the relevant Regulator under the Code;
(ad) any written submissions made to the relevant
5 Regulator before the decision was made;
".
(5) After Schedule 1 section 39(6) the following subsection is
inserted --
"
10 (7) In this section --
"Access Arrangement Period" and "Reference Tariff "
have the same meanings as in the Code.
".
7. Schedule 1 section 41 amended
15 Schedule 1 section 41(9) is amended in the definition of
"prescribed duty" by inserting after paragraph (c) the following
paragraph --
"
(ca) deciding under the Code whether to approve,
20 disallow or make a variation of a Reference Tariff
within an Access Arrangement Period (within the
meaning of the Code);
".
page 5
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