Document ID: chunk:federal_register_of_legislation:F2023L00994:reg:61:p1
Version: federal_register_of_legislation:F2023L00994
Segment Type: reg
Provision Reference: reg 61 (pt 1/2)
Character Range: 105059–107997

61  Energy Minister, with agreement of Resources Minister, may grant conditional Ministerial exemption
 (1) The Energy Minister may, in writing, grant a conditional Ministerial exemption, in relation to a person or more than one person, from any or all of the gas penalty provisions if:
 (a) the Energy Minister receives an application under section 58 from:
 (i) that person; or
 (ii) each of those persons; and
 (b) where the conditional Ministerial exemption is to be subject to conditions:
 (i) the Energy Minister has given that person, or each of those persons, a notice under section 62 setting out those conditions; and
 (ii) 14 business days has passed since that notice was given; and
 (c) the Energy Minister is satisfied that it is appropriate to grant the conditional Ministerial exemption; and
 (d) the Resources Minister is satisfied that it is appropriate to grant the conditional Ministerial exemption.
Note: The Energy Minister cannot exercise a power under this subsection unless the Resources Minister is satisfied of the matter mentioned in paragraph (d).
 (2) Paragraph (1)(b) does not apply if:
 (a) that application mentioned in subsection (1) sets out proposed conditions to which the conditional Ministerial exemption will be subject; and
 (b) the conditional Ministerial exemption mentioned in that subsection specifies the same conditions.
 (3) Paragraph (1)(b) does not apply if the Energy Minister reasonably considers that the proposed conditions are necessary to address exceptional circumstances.
 (4) For the purposes of being satisfied that it is appropriate to grant the conditional Ministerial exemption, a Minister may take into account any of the following matters:
 (a) the extent to which the conditional Ministerial exemption would promote a workably competitive market for regulated gas in the parts of Australia to which this Part applies (see section 9);
 (b) the extent to which the conditional Ministerial exemption would promote the affordability and availability of regulated gas on reasonable terms in those parts of Australia;
 (c) the extent to which the conditional Ministerial exemption would promote the sufficiency or adequacy of investment in, and supply and production of, regulated gas to meet demand in those parts of Australia;
 (d) the effect or expected effect of other related decisions or government policies;
 (e) the impact on trade and exports, and on international relations, of granting the conditional Ministerial exemption;
 (f) the impact on the economy of granting the conditional Ministerial exemption;
 (g) the object of Part IVBB of the Act;
 (h) any other matter the Minister considers relevant.
 (5) The Energy Minister must not grant a conditional Ministerial exemption from gas penalty provisions that are not gas pricing penalty provisions unless:
 (a) the Energy Minister is satisfied that the grant of the conditional Ministerial exemption would not have