Document ID: chunk:federal_register_of_legislation:C2006A00060:clause:1_6
Version: federal_register_of_legislation:C2006A00060
Segment Type: clause
Provision Reference: sch 1 cl 6
Character Range: 12415–14327

6  At the end of section 44G
Add:

 (5) In deciding whether a regime is an effective access regime, the Council must disregard:
 (a) Part 3A of Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia, as that Schedule applies as a law of South Australia; and
 (b) if an Act of:
 (i) the Commonwealth; or
 (ii) another State; or
 (iii) the Australian Capital Territory; or
 (iv) the Northern Territory;
  applies Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as a law of the Commonwealth, as a law of that other State or as a law of that Territory—Part 3A of that Schedule as so applying.

 (6) The Council cannot recommend declaration of a service provided by means of a pipeline (within the meaning of Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia) if:
 (a) a binding no‑coverage determination is in force under Part 3A of that Schedule, as that Schedule applies as a law of South Australia, in respect of the pipeline; or
 (b) a price regulation exemption is in force under Part 3A of that Schedule, as that Schedule applies as a law of South Australia, in respect of the pipeline.

 (7) If an Act of:
 (a) the Commonwealth; or
 (b) another State; or
 (c) the Australian Capital Territory; or
 (d) the Northern Territory;
applies Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as a law of the Commonwealth, as a law of that other State or as a law of that Territory, the Council cannot recommend declaration of a service provided by means of a pipeline (within the meaning of that Schedule as so applying) if:
 (e) a binding no‑coverage determination is in force under Part 3A of that Schedule, as so applying, in respect of the pipeline; or
 (f) a price regulation exemption is in force under Part 3A of that Schedule, as so applying, in respect of the pipeline.