National Gas Access (WA)

Western Australia National Gas Access (WA) Act 2009 Western Australia National Gas Access (WA) Act 2009 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used in this Act 1 4. Crown bound 1 5. Application to coastal waters 1 6. Extra‑territorial operation 1 6A. Extension to certain pipelines for hauling gas other than natural gas 1 6B. Interpretation Act 1984 does not apply 1 Part 2 — National Gas Access (Western Australia) Law and its regulations 7. National Gas Access (Western Australia) Law 1 7A. Amendments to Schedule to South Australian Act 1 7B. Regulations amending Schedule 1 consequentially 1 8. National Gas Access (Western Australia) Regulations 1 9. Terms used in National Gas Access (Western Australia) Law and its regulations 1 Part 3 — Regulations for the National Gas Access (Western Australia) Law 10. Making regulations 1 11. Regulations may deal with transitional matters 1 Part 4 — Cross vesting of functions and powers 12. Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State 1 13. Conferral of powers on Ministers of other participating States and Territories to act in this State 1 14. Conferral of functions or powers on State bodies 1 Part 5 — General 15. Exemption from taxes 1 16. Actions in relation to cross boundary pipelines 1 17. Conferral of functions and powers on Commonwealth bodies 1 Part 6 — Other local provisions Division 1 — Economic Regulation Authority 18. Expertise of Director of Energy Safety to be used 1 Division 2 — Miscellaneous 19. Preservation of certain contracts relating to privatised DBNGP system 1 20. Transitional provisions for Kalgoorlie to Kambalda pipeline 1 21. Regulations 1 22. Review of Act 1 Part 7 — Various Acts amended Division 1 — Gas Pipelines Access (Western Australia) Act 1998 23. Act amended 1 24. Long title replaced 1 25. Preamble deleted 1 26. Section 1 amended 1 27. Sections 2 to 4 deleted 1 28. Section 5 amended 1 29. Sections 6 to 8 deleted 1 30. Parts 2 to 5 deleted 1 31. Part 6 heading replaced 1 Part 6 — Review board and arbitrator 32. Part 6 Division 1 deleted 1 33. Part 6 Division 2 heading replaced 1 Division 2 — Review board 34. Section 49 amended 1 35. Part 6 Division 2 Subdivision 2 heading replaced 1 Subdivision 2 — Western Australian Electricity Review Board established 36. Section 50 amended 1 37. Section 57 amended 1 38. Section 59 amended 1 39. Section 61 amended 1 40. Part 6 Division 3 Subdivision 2 heading amended 1 41. Section 62 amended 1 42. Section 73 amended 1 43. Section 74 amended 1 44. Section 76 amended 1 45. Section 77 amended 1 46. Section 81 amended 1 47. Section 82 amended 1 48. Section 87 deleted 1 49. Section 88 deleted 1 50. Parts 7 and 8 deleted 1 51. Schedules deleted 1 Division 2 — Economic Regulation Authority Act 2003 52. Act amended 1 53. Section 25 amended 1 54. Section 28 amended 1 55. Section 32 amended 1 Division 3 — Electricity Industry Act 2004 56. Act amended 1 57. Section 3 amended 1 58. Section 113 deleted 1 59. Section 125 amended 1 60. Section 130 amended 1 61. Section 133 amended 1 Division 4 — Energy Coordination Act 1994 62. Act amended 1 63. Section 11J deleted 1 64. Section 11M amended 1 65. Section 11V amended 1 66. Section 11ZAC amended 1 67. Schedule 1A amended 1 Division 5 — Other Acts amended 68. Constitution Acts Amendment Act 1899 amended 1 69. Financial Management Act 2006 amended 1 70. Freedom of Information Act 1992 amended 1 71. Parliamentary Commissioner Act 1971 amended 1 72. Petroleum Pipelines Act 1969 amended 1 Schedule 1 — Some modifications to National Gas Law as in Schedule to South Australian Act 1. Purpose of this Schedule 1 2. Section 1 modified 1 3. Section 2 modified 1 4. Sections 2A and 2B inserted 1 2A. Meaning of AER modified 1 2B. References to WA application Act 1 5. Chapter 1 Part 1A inserted 1 Part 1A — Postponement of Natural Gas Services Bulletin Board provisions 20A. Minister may fix day on which provisions apply 1 5A. Section 23A modified 1 6. Section 29 modified 1 7. Section 30 modified 1 7A. Section 30R deleted 1 7B. Section 42 modified 1 8. Chapter 2 Part 1A inserted 1 Part 1A — Functions and powers of WA arbitrator 68A. Manner in which WA arbitrator must perform or exercise certain functions or powers 1 9. Section 181A inserted 1 181A. Providing information for certain disputes 1 10. Section 231 modified 1 11. Section 240 modified 1 12. Section 290 modified 1 13. Section 294 replaced 1 294. Initial National Gas Rules for WA 1 13A. Section 294FC modified 1 14. Schedule 1 modified 1 15. Schedule 2 clause 27A inserted 1 27A. WA modifications of clause 27 1 16. Schedule 2 clause 34 modified 1 16A. Schedule 2 clause 47A modified 1 16B. Schedule 2 clause 47B modified 1 17. Schedule 2 clause 50 replaced 1 50. Attempts and incitement 1 17A. Schedule 2 clause 51 modified 1 18. Schedule 3 modified 1 Notes about National Gas Access (WA) Act 2009 Compilation table 1 Note — Western Australian National Gas Access Law text Chapter 1 — Preliminary Part 1 — Citation and interpretation 1. Citation 1 2. Definitions 1 2A. Meaning of AER modified 1 2B. References to WA application Act 1 3. Meaning of civil penalty provision 1 3A. Civil penalty amounts for breaches of civil penalty provisions 1 4. Meaning of conduct provision 1 5. Meaning of prospective user 1 6. Meaning of regulatory obligation or requirement 1 7. Meaning of regulatory payment 1 8. Meaning of service provider 1 9. Passive owners of scheme pipelines deemed to provide or intend to provide pipeline services 1 10. Things done by 1 service provider to be treated as being done by all of service provider group 1 11. Local agents of foreign service providers 1 12. Commissioning of a pipeline 1 13. Pipeline classification criterion 1 14. Jurisdictional determination criteria—cross boundary distribution pipelines 1 15. Pipeline coverage criteria 1 16. Form of regulation factors 1 17. Effect of separate and consolidated access arrangements in certain cases 1 18. Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a covered pipeline 1 19. Expansions of and extensions to covered pipeline by which light regulation services are provided 1 19A. Related bodies corporate 1 20. Interpretation generally 1 Part 1A — Postponement of Natural Gas Services Bulletin Board provisions 20A. Minister may fix day on which provisions apply 1 Part 2 — Participating jurisdictions 21. Participating jurisdictions 1 22. Ministers of participating jurisdictions 1 Part 3 — National gas objective and principles Division 1 — National gas objective 23. National gas objective 1 23A. Regulations may prescribe matters for national gas objective 1 Division 2 — Revenue and pricing principles 24. Revenue and pricing principles 1 Division 3 — MCE policy principles 25. MCE statements of policy principles 1 Part 4 — Operation and effect of National Gas Rules 26. National Gas Rules to have force of law 1 Chapter 2 — Functions and powers of gas market regulatory entities Part 1 — Functions and powers of the Australian Energy Regulator Division 1 — General 27. Functions and powers of the AER 1 28. Manner in which AER must perform or exercise AER economic regulatory functions or powers 1 29. Delegations 1 30. Confidentiality 1 Division 1A—Rate of return instrument Subdivision 1—Preliminary 30A. Definitions 1 30B. Rate of return instrument has force of law 1 30C. Rate of return instrument is binding on AER and covered pipeline service providers 1 Subdivision 2—Requirement to make rate of return instrument 30D. AER to make rate of return instrument 1 30E. Content of rate of return instrument 1 Subdivision 3—Consultation requirements 30F. Process for making rate of return instrument 1 30G. Other matters AER must have regard to in making instrument 1 30H. Requirements before publishing draft instrument 1 30I. Consumer reference group 1 30J. Publication of draft instrument and other information 1 30K. Report about draft instrument by independent panel 1 30L. Publication of explanatory information 1 30M. Failure to comply does not affect validity 1 Subdivision 4—Publication, review and other matters 30N. Publication of rate of return instrument 1 30O. Commencement and duration of instrument 1 30P. Review and replacement of instrument 1 30Q. Application of instrument 1 Subdivision 5—Confidentiality of information 30S. Confidentiality 1 30T. Disclosure of information given in confidence 1 Division 2 — Search warrants 31. Definitions 1 32. Authorised person 1 33. Identity cards 1 34. Return of identity cards 1 35. Search warrant 1 36. Announcement of entry and details of warrant to be given to occupier or other person at premises 1 37. Immediate entry permitted in certain cases 1 38. Copies of seized documents 1 39. Retention and return of seized documents or things 1 40. Extension of period of retention of documents or things seized 1 41. Obstruction of persons authorised to enter 1 Division 3 — General information gathering powers 42. Power to obtain information and documents in relation to performance and exercise of functions and powers 1 Division 4 — Regulatory information notices and general regulatory information orders Subdivision 1 — Interpretation 43. Definitions 1 44. Meaning of contributing service 1 45. Meaning of general regulatory information order 1 46. Meaning of regulatory information notice 1 47. Division does not limit operation of information gathering powers under Division 3 1 Subdivision 2 — Serving and making of regulatory information instruments 48. Service and making of regulatory information instrument 1 49. Additional matters to be considered for related provider regulatory information instruments 1 50. AER must consult before publishing a general regulatory information order 1 51. Publication requirements for general regulatory information orders 1 52. Opportunity to be heard before regulatory information notice is served 1 Subdivision 3 — Form and content of regulatory information instruments 53. Form and content of regulatory information instrument 1 54. Further provision about the information that may be described in a regulatory information instrument 1 55. Further provision about manner in which information must be provided to AER or kept 1 Subdivision 4 — Compliance with regulatory information instruments 56. Compliance with regulatory information notice that is served 1 57. Compliance with general regulatory information order 1 58. Exemptions from compliance with general regulatory information order 1 59. Assumptions where there is non‑compliance with regulatory information instrument 1 Subdivision 5 — General 60. Providing to AER false and misleading information 1 61. Person cannot rely on duty of confidence to avoid compliance with regulatory information instrument 1 62. Legal professional privilege not affected 1 63. Protection against self‑incrimination 1 Division 5 — Service provider performance reports 64. Preparation of service provider performance reports 1 Division 6 — Miscellaneous matters 65. Consideration by the AER of submissions or comments made to it under this Law or the Rules 1 66. Use of information provided under a notice under Division 3 or a regulatory information instrument 1 67. AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices 1 68. AER guidelines 1 Part 1A — Functions and powers of WA arbitrator 68A. Manner in which WA arbitrator must perform or exercise certain functions or powers 1 Part 2 — Functions and powers of the Australian Energy Market Commission Division 1 — General 69. Functions and powers of the AEMC 1 70. Delegations 1 71. Confidentiality 1 72. AEMC must have regard to national gas objective 1 72A. Targets statement for greenhouse gas emissions targets 1 73. AEMC must have regard to MCE statements of policy principles in relation to Rule making and reviews 1 Division 2 — Rule making functions and powers of the AEMC 74. Subject matter for National Gas Rules 1 75. Rules relating to MCE or Ministers of participating jurisdictions require MCE consent 1 76. AEMC must not make Rules that create criminal offences or impose civil penalties for breaches 1 77. Documents etc applied, adopted and incorporated by Rules to be publicly available 1 Division 3 — Committees, panels and working groups of the AEMC 78. Establishment of committees, panels and working groups 1 Division 4 — MCE directed reviews 79. MCE directions 1 80. Terms of reference 1 81. Notice of MCE directed review 1 82. Conduct of MCE directed review 1 Division 5 — Other reviews 83. Rule reviews by the AEMC 1 Division 6 — Miscellaneous matters 83A. Special information and transparency requirements relating to non‑scheme pipelines 1 84. AEMC must publish and make available up to date versions of Rules 1 85. Fees 1 86. Immunity from personal liability of AEMC officials 1 Part 3 — Functions and powers of Ministers of participating jurisdictions 87. Functions and powers of Minister of this participating jurisdiction under this Law 1 88. Functions and powers of Commonwealth Minister under this Law 1 Part 4 — Functions and powers of the NCC 89. Functions and powers of NCC under this Law 1 90. Confidentiality 1 Part 5 — Functions and powers of Tribunal 91. Functions and powers of Tribunal under this Law 1 Chapter 3 — Coverage and classification of pipelines Part 1 — Coverage of pipelines Division 1 — Coverage determinations 92. Application for recommendation that a pipeline be a covered pipeline 1 93. Application to be dealt with in accordance with the Rules 1 94. NCC may defer consideration of application in certain cases 1 95. NCC coverage recommendation 1 96. NCC must not make coverage recommendation if tender approval decision becomes irrevocable 1 97. Principles governing the making of a coverage recommendation 1 98. Initial classification decision to be made as part of recommendation 1 99. Relevant Minister's determination on application 1 100. Principles governing the making of a coverage determination or decision not to do so 1 101. Operation and effect of coverage determination 1 Division 2 — Coverage revocation determinations 102. Application for a determination that a pipeline no longer be a covered pipeline 1 103. Application to be dealt with in accordance with the Rules 1 104. NCC coverage revocation recommendation 1 105. Principles governing the making of a coverage revocation recommendation 1 106. Relevant Minister's determination on application 1 107. Principles governing the making of a coverage revocation determination or decision not to do so 1 108. Operation and effect of coverage revocation determination 1 Part 2 — Light regulation of covered pipeline services Division 1 — Making of light regulation determinations Subdivision 1 — Decisions when pipeline is not a covered pipeline 109. Application of Subdivision 1 110. NCC's decision on light regulation of pipeline services 1 Subdivision 2 — Decisions when pipeline is a covered pipeline 111. Application of Subdivision 1 112. Application 1 113. Application to be dealt with in accordance with the Rules 1 114. NCC's decision on light regulation of pipeline services 1 Subdivision 3 — Operation and effect of light regulation determinations 115. When light regulation determinations take effect 1 116. Submission of limited access arrangement for light regulation services 1 Division 2 — Revocation of light regulation determinations Subdivision 1 — On advice from service providers 117. Advice by service provider that light regulation services should cease to be light regulation services 1 Subdivision 2 — On application by persons other than service providers 118. Application (other than by service provider) for revocation of light regulation determinations 1 119. Decisions on applications made around time of applications for coverage revocation determinations 1 120. NCC decision on application where no application for a coverage revocation recommendation 1 121. Operation and effect of decision of NCC under this Division 1 Division 3 — Principles governing light regulation determinations 122. Principles governing the making or revoking of light regulation determinations 1 Division 4 — Revocation if coverage determination not made 123. Light regulation determination revoked if coverage determination not made 1 Division 5 — Effect of pipeline ceasing to be covered pipeline 124. Light regulation services cease to be such services on cessation of coverage of pipeline 1 Division 6 — AER reviews into designated pipelines 125. AER reviews 1 Part 3 — Coverage of pipelines the subject of tender process 126. Tender approval pipelines deemed to be covered pipelines 1 Part 4 — Coverage following approval of voluntary access arrangement 127. Certain pipelines become covered pipelines on approval of voluntary access arrangement 1 Part 5 — Reclassification of pipelines 128. Service provider may apply for reclassification of pipeline 1 129. Reclassification decision 1 130. Effect of reclassification decision 1 Chapter 4 — General requirements for provision of covered pipeline services Part 1 — General duties for provision of pipeline services by covered pipelines 131. Service provider must be legal entity of a specified kind to provide pipeline services by covered pipeline 1 132. Submission of full access arrangement or revisions to applicable full access arrangements 1 133. Preventing or hindering access 1 134. Supply and haulage of natural gas 1 135. Covered pipeline service provider must comply with queuing requirements 1 136. Covered pipeline service provider providing light regulation services must not price discriminate 1 Part 2 — Structural and operational separation requirements (ring fencing) Division 1 — Interpretation 137. Definitions 1 138. Meaning of marketing staff 1 Division 2 — Minimum ring fencing requirements 139. Carrying on of related businesses prohibited 1 140. Marketing staff and the taking part in related businesses 1 141. Accounts that must be prepared, maintained and kept 1 Division 3 — Additional ring fencing requirements 142. Division does not limit operation of Division 2 1 143. AER ring fencing determinations 1 144. AER to have regard to likely compliance costs of additional ring fencing requirements 1 145. Types of ring fencing requirements that may be specified in an AER ring fencing determination 1 Division 4 — AER ring fencing exemptions 146. Exemptions from minimum ring fencing requirements 1 Division 5 — Associate contracts 147. Service provider must not enter into or give effect to associate contracts that have anti‑competitive effect 1 148. Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule 1 Chapter 5 — Greenfields pipeline incentives Part 1 — Interpretation 149. Definitions 1 150. International pipeline to be a transmission pipeline for purposes of Chapter 1 Part 2 — 15‑year no‑coverage determinations 151. Application for 15‑year no‑coverage determination for proposed pipeline 1 152. Application to be dealt with in accordance with the Rules 1 153. No‑coverage recommendation 1 154. Principles governing the making of a no‑coverage recommendation 1 155. Initial classification decision to be made as part of recommendation 1 156. Relevant Minister's determination on application 1 157. Principles governing the making of a 15‑year no‑coverage determination or decision not to do so 1 158. Effect of 15‑year no‑coverage determination 1 159. Consequences of Minister deciding against making 15‑year no‑coverage determination for international pipeline 1 Part 3 — Price regulation exemptions Division 1 — Application for price regulation exemption 160. Application for price regulation exemption 1 Division 2 — Recommendations by NCC 161. Application to be dealt with in accordance with the Rules 1 162. NCC's recommendation 1 163. General principle governing NCC's recommendation 1 Division 3 — Making and effect of price regulation exemption 164. Making of price regulation exemption 1 165. Principles governing the making of a price regulation exemption 1 166. Conditions applying to a price regulation exemption 1 167. Effect of price regulation exemption 1 Division 4 — Limited access arrangements 168. Limited access arrangements for pipeline services provided by international pipeline to which a price regulation exemption applies 1 Division 5 — Other matters 169. Other obligations to which service provider is subject 1 170. Service provider must not price discriminate in providing international pipeline services 1 Part 4 — Extended or modified application of greenfields pipeline incentive 171. Requirement for conformity between pipeline description and pipeline as constructed 1 172. Power of relevant Minister to amend pipeline description 1 Part 5 — Early termination of greenfields pipeline incentive 173. Greenfields pipeline incentive may lapse 1 174. Revocation by consent 1 175. Revocation for misrepresentation 1 176. Revocation for breach of condition to which a price regulation exemption is subject 1 177. Exhaustive provision for termination of greenfields pipeline incentive 1 Chapter 6 — Access disputes—scheme pipelines Part 1 — Interpretation and application 178. Definitions 1 179. Chapter does not limit how disputes about access may be raised or dealt with 1 180. No price or revenue regulation for access disputes relating to international pipeline services 1 Part 2 — Notification of access dispute 181. Notification of access dispute 1 181A. Providing information for certain disputes 1 182. Withdrawal of notification 1 183. Parties to an access dispute 1 Part 3 — Access determinations 184. Determination of access dispute 1 185. Dispute resolution body may require parties to mediate, conciliate or engage in an alternative dispute resolution process 1 186. Dispute resolution body may terminate access dispute in certain cases 1 187. No access determination if dispute resolution body considers there is genuine competition 1 188. Restrictions on access determinations 1 189. Access determination must give effect to applicable access arrangement 1 190. Access determinations and past contributions of capital to fund installations or the construction of new facilities 1 191. Rules may allow determination that varies applicable access arrangement for installation of a new facility 1 192. Access determinations need not require the provision of a pipeline service 1 193. Content of access determinations 1 Part 4 — Variation of access determinations 194. Variation of access determination 1 Part 5 — Compliance with access determinations 195. Compliance with access determination 1 Part 6 — Access dispute hearing procedure 196. Hearing to be in private 1 197. Right to representation 1 198. Procedure of dispute resolution body 1 199. Particular powers of dispute resolution body in a hearing 1 200. Disclosure of information 1 201. Power to take evidence on oath or affirmation 1 202. Failing to attend as a witness 1 203. Failing to answer questions etc 1 204. Intimidation etc 1 205. Party may request dispute resolution body to treat material as confidential 1 206. Costs 1 207. Outstanding costs are a debt due to party awarded the costs 1 Part 7 — Joint access dispute hearings 208. Definition 1 209. Joint dispute hearing 1 210. Consulting the parties 1 211. Constitution and procedure of dispute resolution body for joint dispute hearings 1 212. Record of proceedings etc 1 Part 8 — Miscellaneous matters 213. Correction of access determinations for clerical mistakes etc 1 214. Reservation of capacity during an access dispute 1 215. Subsequent service providers bound by access determinations 1 216. Regulations about the costs to be paid by parties to access dispute 1 Chapter 6A—Access disputes—non-scheme pipelines Part 1—Interpretation and application 216A. Definitions 1 216B. Meaning of prospective user 1 216C. Application of Chapter 1 216D. Application of this Chapter to disputes arising under Rules 1 216E. Chapter does not limit how disputes about access may be raised or dealt with 1 Part 2—Negotiation of access 216F. Access proposals 1 216G. Duty to negotiate in good faith 1 216H. Notification of access dispute 1 216I. Parties to an access dispute 1 Part 3—Reference of dispute to arbitration 216J. Reference of dispute 1 216K. Selection of arbitrator 1 216L. Determination of access dispute 1 216M. Principles to be taken into account 1 216N. Restrictions on access determinations 1 216O. Arbitrator's power to terminate arbitration 1 216P. Access seeker's right to terminate arbitration 1 Part 4—Compliance with access determinations 216Q. Compliance with access determinations 1 Part 5—Variation of access determinations 216R. Variation of access determinations 1 Part 6—Hearing procedures 216S. Hearing procedures 1 Part 7—Miscellaneous matters 216T. Correction of access determinations for clerical mistakes etc 1 216U. Reservation of capacity during an access dispute 1 216V. Costs of arbitration 1 Chapter 7 — The Natural Gas Services Bulletin Board Part 1 — The Bulletin Board Operator 217. The Bulletin Board operator 1 218. Obligation to establish and maintain the Natural Gas Services Bulletin Board 1 219. Other functions of the Bulletin Board operator 1 220. Powers of the Bulletin Board operator 1 221. Immunity of the Bulletin Board operator 1 222. Fees for services provided 1 Part 2 — Bulletin Board information 223. Obligation to give information to the Bulletin Board operator 1 224. Person cannot rely on duty of confidence to avoid compliance with obligation 1 225. Giving to Bulletin Board operator false and misleading information 1 226. Immunity of persons giving information to the Bulletin Board operator 1 Part 3 — Protection of information 227. Protection of information by the Bulletin Board operator 1 228. Protection of information by employees etc of the Bulletin Board operator 1 Chapter 8 — Proceedings under the National Gas Law Part 1 — Proceedings generally 229. Instituting civil proceedings under this Law 1 230. Time limit within which proceedings may be instituted 1 Part 2 — Proceedings for breaches of this Law, Regulations or the Rules 231. AER proceedings for breaches of this Law, Regulations or the Rules that are not offences 1 232. Proceedings for declaration that a person has breached a conduct provision 1 233. Actions for damages by persons for breach of conduct provision 1 Part 3 — Matters relating to breaches of this Law, the Regulations or the Rules 234. Matters for which there must be regard in determining amount of civil penalty 1 235. Breach of a civil penalty provision is not an offence 1 236. Breaches of civil penalty provisions involving continuing failure 1 237. Conduct in breach of more than 1 civil penalty provision 1 238. Persons involved in breach of civil penalty provision or conduct provision 1 239. Attempt to breach a civil penalty provision 1 240. Civil penalties payable to the Commonwealth 1 Part 4 — Judicial review of decisions under this Law, the Regulations and the Rules 241. Definition 1 242. Applications for judicial review of decisions of the AEMC 1 243. Applications for judicial review of decisions of the Bulletin Board operator 1 Part 5 — Merits review and other non‑judicial review Division 1 — Interpretation 244. Definitions 1 Division 3 — Tribunal review of AER information disclosure decisions under section 329 263. Application for review 1 264. Exclusion of public in certain cases 1 265. Determination in the review 1 266. Tribunal must be taken to have affirmed decision if decision not made within time 1 267. Assistance from the AER in certain cases 1 Division 4 — General 268. Costs in a review 1 269. Amount of costs 1 Part 6 — Enforcement of access determinations 271. Enforcement of access determinations 1 272. Consent injunctions 1 273. Interim injunctions 1 274. Factors relevant to granting a restraining injunction 1 275. Factors relevant to granting a mandatory injunction 1 276. Discharge or variation of injunction or other order 1 Part 7 — Infringement notices 277. Power to serve notice 1 278. Form of notice 1 279. Infringement penalties 1 280. AER cannot institute proceedings while infringement notice on foot 1 281. Late payment of penalty 1 282. Withdrawal of notice 1 283. Refund of infringement penalty 1 284. Payment expiates breach of civil penalty provision 1 285. Payment not to have certain consequences 1 286. Conduct in breach of more than 1 civil penalty provision 1 Part 8 — Further provision for corporate liability for breaches of this Law etc 287. Definition 1 288. Offences and breaches by corporations 1 289. Corporations also in breach if officers and employees are in breach 1 Chapter 9 — The making of the National Gas Rules Part 1 — General Division 1 — Interpretation 290. Definitions 1 Division 2 — Rule making tests 291. Application of national gas objective 1 292. AEMC must take into account form of regulation factors in certain cases 1 293. AEMC must take into account revenue and pricing principles in certain cases 1 Part 2 — Initial National Gas Rules 294. Initial National Gas Rules for WA 1 294CA. South Australian Minister may make consequential Rules relating to rate of return instrument 1 294F. South Australian Minister to make initial Rules relating to access to non‑scheme pipelines 1 294FC. South Australian Minister to make initial Rules relating to national gas objective 1 Part 3 — Procedure for the making of a Rule by the AEMC 295. Initiation of making of a Rule 1 296. AEMC may make more preferable Rule in certain cases 1 297. AEMC may make Rules that are consequential to a Rule request 1 298. Content of requests for a Rule 1 299. Waiver of fee for Rule requests 1 300. Consolidation of 2 or more Rule requests 1 301. Initial consideration of request for Rule 1 302. AEMC may request further information from Rule proponent in certain cases 1 303. Notice of proposed Rule 1 304. Publication of non‑controversial or urgent final Rule determination 1 305. "Fast track" Rules where previous public consultation by gas market regulatory body or an AEMC review 1 306. Right to make written submissions and comments 1 307. AEMC may hold public hearings before draft Rule determination 1 308. Draft Rule determination 1 309. Right to make written submissions and comments in relation to draft Rule determination 1 310. Pre‑final Rule determination hearing may be held 1 311. Final Rule determination 1 312. Further draft Rule determination may be made where proposed Rule is a proposed more preferable Rule 1 313. Making of Rule 1 314. Operation and commencement of Rule 1 315. Rule that is made to be published on website and made available to the public 1 316. Evidence of the National Gas Rules 1 Part 4 — Miscellaneous provisions relating to rule making by the AEMC 317. Extension of periods of time in Rule making procedure 1 318. AEMC may extend period of time for making of final Rule determination for further consultation 1 319. AEMC may publish written submissions and comments unless confidential 1 320. AEMC must publicly report on Rules not made within 12 months of public notification of requests 1 Chapter 10 — General Part 1 — Provisions relating to applicable access arrangements 321. Protection of certain pre‑existing contractual rights 1 322. Service provider may enter into agreement for access different from applicable access arrangement 1 323. Applicable access arrangements continue to apply regardless of who provides pipeline service 1 Part 2 — Handling of confidential information Division 1 — Disclosure of confidential information held by AER 324. Authorised disclosure of information given to the AER in confidence 1 325. Disclosure with prior written consent is authorised 1 326. Disclosure for purposes of court and tribunal proceedings and to accord natural justice 1 327. Disclosure of information given to the AER with confidential information omitted 1 328. Disclosure of information given in confidence does not identify anyone 1 329. Disclosure of confidential information authorised if detriment does not outweigh public benefit 1 Division 2 — Disclosure of confidential information held by relevant Ministers, NCC and AEMC 330. Definitions 1 331. Confidentiality of information received for scheme procedure purpose and for making of scheme decision 1 Part 3 — Miscellaneous 332. Failure to make a decision under this Law or the Rules within time does not invalidate the decision 1 333. Withdrawal of applications relating to coverage or reclassification 1 334. Notification of Ministers of participating jurisdictions of receipt of application 1 335. R