Document ID: chunk:federal_register_of_legislation:F2023L00994:reg:7:p1
Version: federal_register_of_legislation:F2023L00994
Segment Type: reg
Provision Reference: reg 7 (pt 1/2)
Character Range: 17851–20634

7  General application

Application to gas EOIs, gas initial offers and gas final offers issued, and agreements made, after commencement
 (1) Subject to this section, this instrument applies in relation to:
 (a) a gas EOI issued after the transition period; and
 (b) a gas initial offer issued after the transition period; and
 (c) a gas final offer issued after the transition period; and
 (d) an agreement to supply regulated gas that is made after the transition period.
 (2) Despite subsection (1), this instrument does not apply in relation to a gas initial offer made after the transition period if the gas initial offer relates to a gas EOI issued before or during the transition period.
 (3) Despite subsection (1), this instrument does not apply in relation to a gas final offer made after the transition period if any of the following conditions are satisfied:
 (a) the gas final offer relates to a gas EOI issued before or during the transition period;
 (b) the gas final offer relates to a gas initial offer issued before or during the transition period.
 (4) Despite subsection (1), this instrument (apart from the provisions covered by subsection (5)) does not apply in relation to an agreement made after the transition period to supply regulated gas if any of the following conditions are satisfied:
 (a) the agreement relates to a gas EOI issued before or during the transition period;
 (b) the agreement relates to a gas initial offer issued before or during the transition period;
 (c) the agreement relates to a gas final offer issued before or during the transition period.
 (5) For the purposes of subsection (4), this subsection covers the following provisions:
 (a) Division 2 of Part 4;
 (b) section 31;
 (c) paragraph 33(2)(k);
 (d) any other provision in this instrument, to the extent that it relates to the provisions mentioned in paragraphs (a), (b) and (c).

Application of good faith provisions
 (6) Despite subsections (1), (2), (3) and (4), section 30 (good faith—dealing in relation to negotiations) applies in relation to negotiations entered into after the transition period.
 (7) Despite subsection (6), section 30 (good faith—dealing in relation to negotiations) does not apply in relation to negotiations entered into after the transition period if any of the following conditions are satisfied:
 (a) the negotiations relate to a gas EOI issued before or during the transition period;
 (b) the negotiations relate to a gas initial offer issued before or during the transition period;
 (c) the negotiations relate to a gas final offer issued before or during the transition period.

Application in relation to agreements to which the price cap Order applies
 (8) Despite the preceding subsections of this section, this instrument does not apply