Document ID: chunk:federal_register_of_legislation:F2023N00066:clause:2_8:p3
Version: federal_register_of_legislation:F2023N00066
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 3/8)
Character Range: 13181–16174

to redirect gas to the domestic market. The Minister may consider the practical impact of export controls in the event of a Minister's determination.
            Example: The Minister may consider whether market impediments (such as transport and storage infrastructure constraints) are likely to prevent export controls from resulting in the additional supply of gas to Australian consumers affected by a shortfall.
         f.        The availability of an industry-led solution to an identified shortfall. The Minister may consider whether a person has entered into commitments to voluntarily deliver volumes to Australian consumers in the relevant part of the Australian domestic gas market which would be sufficient to avoid the occurrence of a shortfall.
         g.       The past performance of all participants in the Australian domestic gas market, including any strategic behaviour or 'gaming' of the ADGSM.
     (14)    The Minister's determination will specify the shortfall volume and be accompanied by a statement of reasons. The statement of reasons will be published on the Department's website.
     (15)    The Minister may choose not to make a Minister's determination, even where the Minister considers there will be a shortfall, based on consideration of the factors set out in this section. The Minister may cause a statement of reasons to be published on the Department's website for a decision not to make a Minister's determination.
     (16)    The Minister may revoke a Minister's determination at any time. In such circumstances, the Minister will make a new notifiable instrument to repeal the Minister's determination, and write to each LNG project to notify them of the decision.

Shortfalls which only impact consumers in part of Australia
     (17)     In deciding whether to make the Minister's determination, the Minister will consider Australian consumers in each part of the Australian domestic gas market, including each of the major gas markets that together comprise the Australian domestic gas market (that is, the Western, Northern, and Eastern gas markets).
     (18)     The Minister may determine a domestic shortfall quarter if Australian consumers in a part of the Australian domestic gas market will be affected by a shortfall, notwithstanding that consumers in other parts of the Australian domestic gas market will not be affected by a shortfall.
            Example: The Minister may determine a quarter as a domestic shortfall quarter where the Minister has reasonable grounds to believe that there will not be a sufficient supply of natural gas for Australian consumers in the Eastern gas market during the quarter unless exports are controlled, despite that consumers in the Northern and Western gas markets will not be affected by a shortfall.
     (19)     Where the Minister determines a quarter as a domestic shortfall quarter, all LNG projects will receive one of two types of permissions. The types of permission distinguish between