Document ID: chunk:federal_register_of_legislation:F2023L00994:front:0:p1
Version: federal_register_of_legislation:F2023L00994
Segment Type: other
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Character Range: 0–3103

Competition and Consumer (Gas Market Code) Regulations 2023

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated    6 July 2023

  David Hurley
  Governor‑General

By His Excellency's Command

Chris Bowen
Minister for Climate Change and Energy
for the Treasurer

Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
5 Definition of regulated gas producer
6 Definitions of covered supplier and affiliate
Part 2—Application
7 General application
8 General application—variations to agreements
9 Geographical application
Part 3—Negotiations
Division 1—Gas EOIs
10 Gas EOI must comply with certain requirements
11 Gas EOI must be published
12 Gas EOI must remain open throughout gas EOI open period
13 Gas EOI—supplier must notify potential buyer whether or not successful
14 Gas EOI—if notice of interest, supplier must issue offer
15 Gas EOI—exception for material change of supplier's circumstances, etc.
Division 2—Gas initial offers
16 Gas initial offer must comply with certain requirements
17 Gas initial offer must not be withdrawn or terminated before end of gas initial offer open period or gas initial offer response period
18 Gas initial offer—if notice of interest, supplier must issue gas final offer
19 Gas initial offer—exceptions for material change of supplier's circumstances, agreement to terminate or withdraw, etc.
Division 3—Gas final offers
20 Gas final offer must comply with certain requirements
21 Gas final offer must not be withdrawn or terminated before end of gas final offer open period
Division 4—Miscellaneous
22 Definition of material change in the supplier's circumstances
23 Determination—withdrawal or termination circumstances
Part 4—Agreements for supply of regulated gas
Division 1—Procedural rules
24 Agreement for supply of regulated gas—failure to issue gas final offer
25 Agreement for supply of regulated gas must comply with certain requirements
Division 2—Price rules
26 Agreement for supply of regulated gas—entering into agreement where price could exceed reasonable price
27 Agreement for supply of regulated gas—price for supplied gas exceeds reasonable price
28 Offer on gas trading exchange for supply of regulated gas—price under offer exceeds reasonable price
29 Reasonable price
Part 5—Good faith
30 Good faith—dealing in relation to negotiations
31 Good faith—dealing in relation to agreement
32 Good faith—matters to take into account
Part 6—Record keeping, information and publication
33 Record keeping by supplier
34 Supplier to publish information relating to available gas, etc.
35 Supplier to report information to Commission—information relating to available gas, etc.
36 Supplier to report information to Commission—gas EOIs
37 Supplier to report information to Commission—gas initial offers, buyer gas final offers and gas final offers
38 Supplier to report information to Commission—agreements to supply regulated gas
39 Supplier to report