Gas Services Information Regulations 2012 00-b0-00 Xml

Western Australia

Gas Services Information Act 2012

Gas Services Information Regulations 2012

Part 1 — Preliminary

[Heading inserted in Gazette 14 Jun 2013 p. 2228.]

1.Citation

These regulations are the Gas Services Information Regulations 2012.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which the Gas Services Information Act 2012 section 7 comes into operation.

3.Terms used

(1)In these regulations, unless the contrary intention appears —

Arbitrator means the Western Australian Energy Disputes Arbitrator appointed under the Energy Arbitration and Review Act 1998 section 62 and includes a person acting under section 71 of that Act;

Coordinator means the Coordinator of Energy referred to in the Energy Coordination Act 1994 section 4;

ERA means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003 section 4;

GSI procedures means procedures, made under the GSI rules, to be followed by gas market participants and by the operator, in complying with, or in connection with, the GSI rules;

GSI rules means the rules referred to in regulation 5;

GSI website means a website maintained for the purposes of regulation 11(2);

IMO means the Independent Market Operator established by the Electricity Industry (Independent Market Operator) Regulations 2004 regulation 4;

registered, in relation to a gas market participant, means registered under the GSI rules;

specified, in relation to an instrument or document made under or referred to in these regulations, means specified in that instrument or document;

warning notice means a notice, given under the GSI rules, warning a gas market participant that the operator believes that the participant has contravened a provision of the GSI rules.

(2)Unless the contrary intention appears, a reference to the performance of the functions of the operator is a reference to the performance of its functions under the Act.

[Regulation 3 inserted in Gazette 14 Jun 2013 p. 2228-9.]

4A.Gas market participants

For the purposes of the definition of user, paragraph (c), in section 3(1) of the Act, end users who acquire at least 1 terajoule of natural gas per year are prescribed.

[Regulation 4A inserted in Gazette 14 Jun 2013 p. 2229.]

Part 2 — Functions of the operator

[Heading inserted in Gazette 14 Jun 2013 p. 2229.]

4.Functions of the operator — the IMO

(1)It is a function of the IMO —

(a)to establish and operate the GBB; and

(b)to prepare and publish the GSOO.

(2)Without limiting subregulation (1), the IMO has the following functions —

(a)to collect, collate and manage information for the GBB and the GSOO;

(b)to derive from the information referred to in paragraph (a) information for inclusion on the GBB or in the GSOO;

(c)to include information on the GBB of the kinds that may or must be included on the GBB under the Act or any other written law;

(d)to prepare and publish the GSOO periodically.

(3)The IMO need not perform its functions under this regulation to the extent to which it cannot obtain the necessary information because gas market participants are not obliged to give the information.

[Regulation 4 amended in Gazette 14 Jun 2013 p. 2229.]

Part 3 — GSI rules

[Heading inserted in Gazette 14 Jun 2013 p. 2230.]

5.GSI rules

There are to be rules relating to the form, content and operation of the GBB and to the form and content of the GSOO (the GSI rules).

[Regulation 5 inserted in Gazette 14 Jun 2013 p. 2230.]

6.Making GSI rules

(1)In this regulation —

GSI rules includes rules that amend the GSI rules.

(2)Subject to regulation 7, GSI rules are to be made by the Minister.

(3)GSI rules commence at a time fixed —

(a)by the GSI rules; or

(b)in a manner provided for by the GSI rules.

(4)Different commencement times may be fixed under —

(a)subregulation (3)(a) for different provisions of GSI rules; or

(b)subregulation (3)(b) for different provisions of GSI rules unless those GSI rules provide otherwise.

(5)GSI rules made by the Minister are to be published in the Gazette and are to be laid before each House of Parliament within 10 sitting days of that House next following their publication in the Gazette.

[Regulation 6 inserted in Gazette 14 Jun 2013 p. 2230.]

7.Amending the GSI rules

(1)In this regulation —

amending rules means rules that amend the GSI rules.

(2)The GSI rules may provide for matters relating to the initiation, development, making, approval, publication and commencement of amending rules.

(3)The GSI rules under subregulation (2) may be made so as to apply to —

(a)amending rules of a specified kind; or

(b)amending rules other than rules of a specified kind,

and have effect despite regulation 6(2).

(4)Despite anything in this regulation or the GSI rules, rules replacing the GSI rules in whole are to be made by the Minister and regulation 6(5) applies to them.

[Regulation 7 inserted in Gazette 14 Jun 2013 p. 2230-1.]

8.GSI rules generally

(1)The GSI rules may confer functions, relating to the functions referred to in section 7(2)(a) of the Act, on the operator, the Minister, the Coordinator and the ERA.

(2)Without limiting anything else in these regulations, the GSI rules may provide for the following —

(a)the registration of gas market participants for the purposes of the GSI rules;

(b)procedures, fees and other matters relating to registration of gas market participants;

(c)governance matters, including financial management, relating to the performance of the functions of the operator under these regulations and the GSI rules;

(d)fees and charges to be paid by registered gas market participants for the performance of the functions of the operator under these regulations and the GSI rules;

(e)the resolution of disputes between gas market participants and the operator;

(f)the limiting of access to parts of the GBB;

(g)the Coordinator (including in his or her capacity as a hazard management agency) to direct the operator as to the performance of the functions of the operator in circumstances specified in the rules, being circumstances in the nature of an emergency, a disruption to the supply of natural gas or a threat to the safety, reliability or security of a pipeline or the supply of natural gas;

(h)a failure to comply with specified requests for information made during or in relation to circumstances specified under paragraph (g) is neither an offence nor a contravention of the GSI rules;

(i)the monitoring and investigation of compliance with these regulations, the GSI rules and GSI procedures;

(j)the giving of notices warning a gas market participant that the operator believes that the participant has contravened a provision of the GSI rules;

(k)the suspension of requirements imposed under the GSI rules or GSI procedures;

(l)the use or disclosure of protected information by the operator;

(m)the delegation of powers or duties conferred or imposed by the GSI rules other than the power to —

(i)make rules amending the GSI rules;

(ii)formulate GSI procedures or amendments of GSI procedures;

(n)the establishment, functions and governance of advisory committees;

(o)transitional matters;

(p)any other matters that are necessary or convenient to be dealt with.

(3)For the purposes of section 8(1) of the Act, the matters referred to in subregulation (2)(a), (c), (d), (e), (i) and (j) are prescribed.

[Regulation 8 inserted in Gazette 14 Jun 2013 p. 2231-2.]

9.Availability of copies of the GSI rules

(1)The operator must make a copy of the GSI rules as in force for the time being available —

(a)for inspection free of charge at its principal place of business during its ordinary working hours at that place; and

(b)on the GSI website.

(2)If the GSI rules adopt a text of a published document, either as that text exists at a particular time or as it may from time to time be amended, the operator must make that text available on the GSI website or specify on that website a place where the text may be obtained.

[Regulation 9 inserted in Gazette 14 Jun 2013 p. 2232.]

10.GSI procedures

(1)The GSI rules may provide for matters relating to the initiation, development, formulation, approval, publication and commencement of —

(a)GSI procedures; and

(b)amendments of GSI procedures.

(2)Until GSI rules referred to in subregulation (1) are in operation, the operator may develop, formulate and publish on the GSI website —

(a)GSI procedures; and

(b)amendments of GSI procedures.

(3)GSI procedures referred to in subregulation (2) —

(a)have effect from the time specified in them; and

(b)continue to have effect after GSI rules referred to in subregulation (1) are in operation as if they had been published under those GSI rules.

[Regulation 10 inserted in Gazette 14 Jun 2013 p. 2232-3.]

11.Administration of GSI rules and GSI procedures

(1)The operator is responsible for the administration of the GSI rules and the GSI procedures and for the development of amendments of them and replacements for them in accordance with the GSI rules.

(2)The operator is to maintain a website (the GSI website) for the purpose of —

(a)publishing the GSOO; and

(b)publishing or releasing information to gas market participants that is not published or released via the GBB.

[Regulation 11 inserted in Gazette 14 Jun 2013 p. 2233.]

Notes

1This is a compilation of the Gas Services Information Regulations 2012. The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Gas Services Information Regulations 2012	29 Jun 2012 p. 2932-3	r. 1 and 2: 29 Jun 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jun 2012 (see r. 2 and Gazette 29 Jun 2012 p. 2929)
Gas Services Information Amendment Regulations 2013	14 Jun 2013 p. 2228-33	r. 1 and 2: 14 Jun 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 15 Jun 2013 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

amending rules7(1)

Arbitrator3(1)

Coordinator3(1)

ERA3(1)

GSI procedures3(1)

GSI rules3(1), 5, 6(1)

GSI website3(1), 11(2)

IMO3(1)

registered3(1)

specified3(1)

user4A

warning notice3(1)