(1) In these regulations, unless the context otherwise requires,—

(2) For the purposes of these regulations,—

• (a) a gas distribution activity (being the supply of line function services or the conveyance of gas) is a gas distribution activity of a pipeline owner if that activity is carried on, by that pipeline owner or any other person, by means of assets owned by that pipeline owner:

• (b) a gas distribution activity (being the ownership of a system) is a gas distribution activity of a pipeline owner.

(3) For the purposes of these regulations,—

• (a) a gas transmission activity (being the supply of line function services or the conveyance of gas) is a gas transmission activity of a pipeline owner if that activity is carried on, by that pipeline owner or any other person, by means of assets owned by that pipeline owner:

• (b) a gas transmission activity (being the ownership of a system) is a gas transmission activity of a pipeline owner.

(4) A reference in these regulations to a gas retailer does not include a gas refueller.

(5) For the avoidance of doubt, a reference in these regulations to a pipeline owner includes the Corporation unless any provision of these regulations provides otherwise.

(6) Expressions not defined in these regulations but defined in the Act have, in these regulations, the meanings defined in the Act.

(1) For the purposes of these regulations,—

• (a) any 2 persons are in a prescribed business relationship if—

  • (i) one of them has an interest in more than 50% of the assets or profits of the other person; or

  • (ii) one of them has a controlling interest in the other person; or

  • (iii) one other person holds a controlling interest in each of those 2 persons, or has an interest in more than 50% of the assets or profits of each of those 2 persons; or

  • (iv) one other person holds a controlling interest in one of those 2 persons, and has an interest in more than 50% of the assets or profits of the other person:

• (b) a pipeline owner and another person (being a gas wholesaler or gas retailer) are in a prescribed business relationship in any case where—

  • (i) that pipeline owner—

    • (A) has an interest in 50% or more of the assets or profits of that other person; or

    • (B) holds a controlling interest in that other person; or

  • (ii) interests in the assets or profits of that other person are held by that pipeline owner and any 1 or more other pipeline owners, and those interests amount, in the aggregate, to an interest in 50% or more of those assets or profits; or

  • (iii) equity securities in that other person are held by that pipeline owner and any 1 or more other pipeline owners, and, by virtue of those equity securities, those pipeline owners hold, in the aggregate, a controlling interest in that other person:

• (c) if—

  • (i) any person carries on any activity specified in one of the paragraphs of subclause (2); and

  • (ii) that person also carries on an activity specified in any other paragraph of that subclause,—

  those 2 activities are in a prescribed business relationship.

(2) The activities to which subclause (1)(c) applies are as follows:

• (a) a gas transmission activity:

• (b) a gas distribution activity:

• (c) the supply of gas (other than as a gas retailer):

• (d) gas retailing.

(3) For the purposes of subclause (1)(a), to hold a controlling interest in another person means to hold (whether directly or indirectly) equity securities in that other person that carry, in the aggregate, more than 50% of the voting rights at any general meeting of the other person.

(4) For the purposes of subclause (1)(b), to hold a controlling interest in another person means to hold (whether directly or indirectly) equity securities in that other person that carry, in the aggregate, 50% or more of the voting rights at any general meeting of the other person.

(5) For the purposes of subclauses (3) and (4), a person holds equity securities in another person if the first-mentioned person is beneficially entitled to, or is beneficially entitled to an interest in, any equity securities in the other person (whether or not the whole or any part of the legal ownership of the equity securities is vested in the first-mentioned person).

(6) For the purposes of subclause (1), a person has an interest in the assets or profits of another person if the first-mentioned person owns (whether directly or indirectly), or has a beneficial interest (whether directly or indirectly) in, those assets or profits.

(1) For the purposes of these regulations, prescribed terms and conditions,—

• (a) in relation to a contract or an arrangement for the supply or conveyance of gas or the supply of line function services, means the terms and conditions specified in subclause (2); and

• (b) in relation to a contract for related services or an arrangement for related services, means the terms and conditions specified in subclause (3).

(2) The terms and conditions referred to in subclause (1)(a) are—

• (a) those terms and conditions of the contract or arrangement that describe the goods or services to be supplied or conveyed under the contract or arrangement; and

• (b) those terms and conditions of the contract or arrangement that determine, or provide for the determination of, the quantity or amount of the goods or services to be supplied or conveyed under the contract or arrangement; and

• (c) those terms and conditions of the contract or arrangement that specify, determine, or provide for the determination of,—

  • (i) in relation to the supply or conveyance of gas, the price per unit or per time period:

  • (ii) in relation to the supply of line function services, the price at which those services are to be supplied:

  • (iii) in relation to the supply of any other goods or services, the price at which those goods or services are to be supplied:

  • (iv) the timing of payment for the goods or services to be supplied or conveyed under the contract or arrangement:

  • (v) security for payment for the goods or services to be supplied or conveyed under the contract or arrangement; and

• (d) those terms and conditions of the contract or arrangement that specify, determine, or provide for the determination of, the order of priority in which the goods or services are to be supplied or conveyed to particular entities.

(3) The terms and conditions referred to in subclause (1)(b) are—

• (a) those terms and conditions of the contract or arrangement that describe the goods or services to be supplied under the contract or arrangement; and

• (b) those terms and conditions of the contract or arrangement that determine, or provide for the determination of, the quantity or amount of the goods or services to be supplied under the contract or arrangement; and

• (c) those terms and conditions of the contract or arrangement that specify, determine, or provide for the determination of,—

  • (i) in relation to the goods or services to be supplied under the contract or arrangement, the price at which those goods or services are to be supplied:

  • (ii) the timing of payment for those goods or services:

  • (iii) security or payment for those goods or services.

For the avoidance of doubt, nothing in these regulations applies to any pipeline owner in respect of any pipeline that conveys gas to a gas processing facility.

(1) Subject to subclause (3), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), the Corporation must publish in the Gazette and publicly disclose a financial statement for that financial year in respect of its gas wholesaling activities (other than those wholesaling activities involving the supply of gas to gas refuellers).

(2) Subject to subclause (3), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publish in the Gazette and publicly disclose a separate financial statement for that financial year in respect of each of the following activities:

• (a) its gas transmission activities:

• (b) its gas distribution activities:

• (c) its gas retailing activities.

(3) If—

• (a) a pipeline owner is required by subclause (1) or subclause (2) to publish in the Gazette and publicly disclose financial statements in relation to the 1996–1997 financial year; and

• (b) the 1996–1997 financial year of that pipeline owner ended before 7 August 1997,—

then that pipeline owner must publish in the Gazette and publicly disclose those financial statements before 1 January 1998.

(1) If the Corporation is required by regulation 6 to publish in the Gazette and publicly disclose any financial statement, and the Corporation is in a prescribed business relationship (of the kind described in regulation 3(1)(a)) with any other person who carries on any of the activities described in regulation 6, the following provisions apply:

• (a) the financial statement must be derived from consolidated financial statements of the Corporation and that other person (being consolidated financial statements that relate only to those activities described in regulation 6 that are carried on by either of those persons):

• (b) if both the Corporation and that other person would otherwise be required by regulation 6 to publish in the Gazette any financial statement, they must jointly publish in the Gazette that financial statement.

(2) If any pipeline owner (other than the Corporation) is required by regulation 6(2) to publish in the Gazette and publicly disclose any financial statement, and that pipeline owner is in a prescribed business relationship (of the kind described in regulation 3(1)(a)) with any other person who carries on any of the activities described in regulation 6(2), the following provisions apply:

• (a) the financial statement must be derived from consolidated financial statements of the pipeline owner and that other person (being consolidated financial statements that relate only to those activities described in regulation 6(2) that are carried on by either of those persons):

• (b) if both the pipeline owner and that other person would otherwise be required by regulation 6(2) to publish in the Gazette any financial statement, they must jointly publish in the Gazette that financial statement.

(1) For the purposes of regulations 9 and 10, a prescribed agreement, in relation to the Corporation, is—

• (a) a contract or an arrangement under which the Corporation, in its capacity as a gas wholesaler, is to supply gas through a system (whether or not that system is owned by the Corporation):

• (b) a contract or an arrangement under which gas is to be or may be conveyed by means of a system owned by the Corporation:

• (c) a contract for related services, where goods or services are to be supplied, under the contract, by—

  • (i) the Corporation; or

  • (ii) an entity that is in a prescribed business relationship with the Corporation; or

  • (iii) a person who conveys gas by means of a system owned by the Corporation; or

  • (iv) an entity that is in a prescribed business relationship with any person who conveys gas by means of a system owned by the Corporation:

• (d) an arrangement for related services, where goods or services are to be supplied, under the arrangement, by the Corporation or by a person who conveys gas by means of a system owned by the Corporation.

(2) For the purposes of regulations 9 and 10, a prescribed agreement, in relation to any pipeline owner (other than the Corporation), is—

• (a) a contract or an arrangement under which gas is to be or may be conveyed by means of a system owned by that pipeline owner:

• (b) a contract for related services, where goods or services are to be supplied, under the contract, by—

  • (i) that pipeline owner; or

  • (ii) an entity that is in a prescribed business relationship with that pipeline owner; or

  • (iii) a person who conveys gas by means of a system owned by that pipeline owner; or

  • (iv) an entity that is in a prescribed business relationship with any person who conveys gas by means of a system owned by that pipeline owner:

• (c) an arrangement for related services, where goods or services are to be supplied, under the arrangement, by—

  • (i) that pipeline owner; or

  • (ii) a person who conveys gas by means of a system owned by that pipeline owner.

(3) If, in respect of any prescribed agreement that is a contract, or an arrangement, of a kind described in subclause (2)(a),—

• (a) a pipeline owner (other than the Corporation) has entered into that agreement before 1 April 1993; and

• (b) that agreement has not been modified on or after 1 April 1993; and

• (c) that agreement provides for—

  • (i) the supply or possible supply of line function services by that pipeline owner; and

  • (ii) the conveyance of gas by that pipeline owner as a gas retailer or to a gas refueller; and

  • (iii) the imposition of charges for the supply or possible supply of those line function services and for the conveyance of that gas,—

  the pipeline owner is not required to make public disclosure under regulation 9(2) in respect of that prescribed agreement.

(1) Not later than 1 October 1997, every pipeline owner must publicly disclose the prescribed terms and conditions (as they exist on 7 August 1997) of every prescribed agreement that was entered into on or after 1 August 1990 and is in force on 7 August 1997.

(2) Subject to subclause (5) and regulation 8(3), not later than 1 month after a prescribed agreement (not being a standard contract) is entered into, the pipeline owner must publicly disclose the prescribed terms and conditions of that prescribed agreement.

(3) Not later than 1 month after a prescribed agreement is entered into (being a standard contract that contains prescribed terms and conditions that differ in any respect from any prescribed terms and conditions that have previously been publicly disclosed under this subclause or subclause (1)), the pipeline owner must publicly disclose the prescribed terms and conditions of that prescribed agreement.

(4) Where a pipeline owner is required, by subclause (1) or subclause (3), to publicly disclose the prescribed terms and conditions of any standard contract, public disclosure of those terms and conditions counts as public disclosure of all standard contracts with the same prescribed terms and conditions.

(5) Notwithstanding subclause (2), if any prescribed agreement (not being a standard contract) is entered into before 1 October 1997, the prescribed terms and conditions must be publicly disclosed—

• (a) not later than 1 month after the agreement was entered into; or

• (b) not later than 1 October 1997,—

whichever is the later.

(1) Subject to subclause (5), if—

• (a) the prescribed terms and conditions of any prescribed agreement must be publicly disclosed under regulation 9; and

• (b) those prescribed terms and conditions are modified,—

then, not later than 1 month after the modifications take effect, the pipeline owner must publicly disclose those modifications, identifying in each case the particular prescribed agreement that has been modified.

(2) If—

• (a) a prescribed agreement was entered into before 1 August 1990 and is in force on 7 August 1997; and

• (b) the prescribed terms and conditions of that prescribed agreement were modified on or after 1 August 1990 but before 7 August 1997,—

then, not later than 1 October 1997, the pipeline owner must publicly disclose the modifications in force on 7 August 1997, identifying in each case the particular prescribed agreement that has been modified.

(3) If—

• (a) a prescribed agreement was entered into before 1 August 1990; and

• (b) the prescribed terms and conditions of that prescribed agreement are modified on or after 7 August 1997,—

then, not later than 1 month after the modifications take effect, the pipeline owner must publicly disclose those modifications, identifying in each case the particular prescribed agreement that has been modified.

(4) Where a pipeline owner is required, by subclause (1) or subclause (3), to publicly disclose any modifications to the prescribed terms and conditions of any standard contract, public disclosure of those modifications counts as public disclosure of all standard contracts where the same modifications have been made.

(5) Notwithstanding subclause (1), if the prescribed terms and conditions of any prescribed agreement are modified before 1 October 1997, the modifications must be publicly disclosed—

• (a) not later than 1 month after those modifications take effect; or

• (b) not later than 1 October 1997,—

whichever is the later.

(1) Subject to subclause (2), where the Corporation is required by regulation 9(1) or regulation 9(2) or regulation 10(1) to publicly disclose any information in relation to any non-standard contract, or any arrangement, of a kind described in regulation 8(1)(a), the Corporation must include, with that information, the following information:

• (a) the maximum monthly amount of gas (in gigajoules) to be supplied to the gas customer under the contract or arrangement, or (if the amount is not quantified in the contract or arrangement) a reasonable estimate of that amount based on the duration of the contract or arrangement:

• (b) the month in which the supply of the maximum monthly amount of gas referred to in paragraph (a) is to occur, or is most likely to occur:

• (c) the amount of gas (in gigajoules) to be supplied annually to that gas customer under the contract or arrangement, or (if the amount is not quantified in the contract or arrangement) a reasonable estimate of that amount based on the duration of the contract or arrangement:

• (d) if the gas customer is a consumer or a gas refueller,—

  • (i) the 2 digit Australian and New Zealand Standard Industrial Classification Code 1993 (if any) applicable to that gas customer; or

  • (ii) if there is no such code, the tariff category of that gas customer.

(2) If—

• (a) the Corporation is required to publicly disclose the information specified in subclause (1) for a non-standard contract or an arrangement; and

• (b) another party to the contract or arrangement is in a prescribed business relationship with the Corporation,—

the Corporation must publicly disclose the name of the other party instead of the information specified in that subclause.

(1) Subject to subclause (3), where the Corporation is required by regulation 9(1) or regulation 9(2) or regulation 10(1) to publicly disclose any information in relation to a gas transmission agreement, the Corporation must include, with that information, the following information:

• (a) the maximum monthly amount of gas (in gigajoules) to be conveyed to the gas customer under the agreement, or (if the amount is not quantified in the agreement) a reasonable estimate of that amount based on the duration of the agreement:

• (b) the month in which the supply of the maximum monthly amount of gas referred to in paragraph (a) is to occur, or is most likely to occur:

• (c) the pressure or pressures at which gas is to be received by the gas customer under the agreement, or (if the pressure is not specified in the agreement) a reasonable estimate of that pressure:

• (d) if the gas customer is a consumer or a gas refueller,—

  • (i) the 2 digit Australian and New Zealand Standard Industrial Classification Code 1993 (if any) applicable to that gas customer; or

  • (ii) if there is no such code, the tariff category of that gas customer.

(2) Subject to subclause (3), where the Corporation is required by regulation 9(1) or regulation 9(2) or regulation 10(1) to publicly disclose any information in relation to a gas distribution agreement, the Corporation must include, with that information, the following information:

• (a) the maximum daily amount of gas (in gigajoules) to be conveyed to the gas customer under the agreement, or (if the amount is not quantified in the agreement) a reasonable estimate of that amount based on the duration of the agreement:

• (b) the pressure or pressures at which gas is to be received by the gas customer under the agreement, or (if the pressure is not specified in the agreement) a reasonable estimate of that pressure:

• (c) if the gas customer is a consumer or a gas refueller,—

  • (i) the 2 digit Australian and New Zealand Standard Industrial Classification Code 1993 (if any) applicable to that gas customer; or

  • (ii) if there is no such code, the tariff category of that gas customer.

(3) If—

• (a) the Corporation is required to publicly disclose the information specified in subclause (1) or subclause (2) for a gas transmission agreement or a gas distribution agreement; and

• (b) the agreement is in respect of the conveyance of gas to a gas customer (not being a gas retailer),—

the Corporation must publicly disclose the name of the gas customer instead of the information specified in subclause (1) or subclause (2), as the case may be.

If, in respect of any contract or arrangement,—

• (a) the Corporation is required by regulation 9 or regulation 10 to publicly disclose the price at which any gas is to be supplied under the contract or arrangement; and

• (b) either,—

  • (i) in the case of a contract, the other parties to that contract are in a prescribed business relationship with the Corporation; or

  • (ii) in the case of an arrangement, the arrangement is between activities that are in a prescribed business relationship; and

• (c) the contract or arrangement does not specifically provide for the price at which the gas is to be supplied,—

then the Corporation must—

• (d) publicly disclose an imputed price per gigajoule in respect of the supply of that gas, being a price that is determined on the basis that the business of the Corporation is restricted to the gas transmission activities and the gas distribution activities that are carried on by the Corporation; and

• (e) publicly disclose the methodology used to calculate that price; and

• (f) identify the contract or the arrangement involved.

(1) Subject to subclause (3), where any pipeline owner (other than the Corporation) is required by regulation 9(1) or regulation 9(2) or regulation 10(1) to publicly disclose any information in relation to a gas transmission agreement, the pipeline owner must include, with that information, the following information:

• (a) the maximum monthly amount of gas (in gigajoules) to be conveyed to the gas customer under the agreement, or (if the amount is not quantified in the agreement) a reasonable estimate of that amount based on the duration of the agreement:

• (b) the month in which the supply of the maximum monthly amount of gas referred to in paragraph (a) is to occur, or is most likely to occur:

• (c) the pressure or pressures at which gas is to be received by the gas customer under the agreement, or (if the pressure is not specified in the agreement) a reasonable estimate of that pressure:

• (d) if the gas customer is a consumer or a gas refueller,—

  • (i) the 2 digit Australian and New Zealand Standard Industrial Classification Code 1993 (if any) applicable to that gas customer; or

  • (ii) if there is no such code, the tariff category of that gas customer.

(2) Subject to subclause (3), where any pipeline owner (other than the Corporation) is required by regulation 9(1) or regulation 9(2) or regulation 10(1) to publicly disclose any information in relation to a gas distribution agreement, the pipeline owner must include, with that information, the following information:

• (a) the maximum daily amount of gas (in gigajoules) to be conveyed to the gas customer under the agreement, or (if the amount is not quantified in the agreement) a reasonable estimate of that amount based on the duration of the agreement:

• (b) the pressure or pressures at which gas is to be received by the gas customer under the agreement, or (if the pressure is not specified in the agreement) a reasonable estimate of that pressure:

• (c) if the gas customer is a consumer or a gas refueller,—

  • (i) the 2 digit Australian and New Zealand Standard Industrial Classification Code 1993 (if any) applicable to that gas customer; or

  • (ii) if there is no such code, the tariff category of that gas customer.

(3) If—

• (a) any pipeline owner (other than the Corporation) is required to publicly disclose the information specified in subclause (1) or subclause (2) for a gas transmission agreement or a gas distribution agreement; and

• (b) another party to the agreement is a gas retailer,—

the pipeline owner must publicly disclose the name of that gas retailer instead of the information specified in subclause (1) or subclause (2), as the case may be.

(1) Subject to regulation 16, within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publish in the Gazette and publicly disclose, in relation to the conveyance of gas during that financial year through transmission systems owned by that pipeline owner, the information specified in Part 2 of Schedule 1.

(2) Subject to regulation 16, within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publish in the Gazette and publicly disclose, in relation to the conveyance of gas during that financial year through distribution systems owned by that pipeline owner, the information specified in Part 2 of Schedule 1.

(3) The financial performance measures specified in clause 1 of Part 2 of Schedule 1, and the financial components of the efficiency performance measures specified in clause 2 of Part 2 of Schedule 1, must be calculated in respect of a financial year using all relevant information included in the financial statements prepared in respect of that financial year for the purposes of complying with regulation 6(2).

(4) If any pipeline owner is required by subclause (2) to publish in the Gazette and publicly disclose any information in relation to a distribution system, that pipeline owner, in calculating that information, must—

• (a) exclude from direct expenditure and indirect expenditure any line charges payable in relation to a transmission system; and

• (b) ensure that the sum of the direct expenditure and indirect expenditure equals the total expenses set out in the financial statements referred to in subclause (3), less—

  • (i) any line charges payable in relation to a transmission system; and

  • (ii) depreciation.

(5) The information published in the Gazette and publicly disclosed by a pipeline owner in accordance with subclause (1) or subclause (2) in respect of a financial year must be accompanied by the information (if any) that was published in the Gazette by that pipeline owner in accordance with the relevant subclause for the previous 3 financial years.

(1) If—

• (a) the Corporation is in a prescribed business relationship (of a kind described in regulation 3(1)(a)) with any other person who carries on any of the activities described in regulation 6; and

• (b) both the Corporation and that other person would each be required by regulation 15 to publish information in the Gazette,—

the Corporation and that other person must jointly publish that information in the Gazette.

(2) If—

• (a) any pipeline owner (other than the Corporation) is in a prescribed business relationship (of a kind described in regulation 3(1)(a)) with any other person who carries on any of the activities described in regulation 6(2); and

• (b) both the pipeline owner and that other person would each be required by regulation 15 to publish information in the Gazette,—

the pipeline owner and that other person must jointly publish that information in the Gazette.

(3) If—

• (a) a pipeline owner is required by regulation 15 to publish in the Gazette and publicly disclose information in relation to the 1996–1997 financial year; and

• (b) the 1996–1997 financial year of that pipeline owner ended before 7 August 1997,—

then that pipeline owner must publish in the Gazette and publicly disclose that information not later than 1 January 1998.

(1) Subject to subclause (4), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publish in the Gazette and publicly disclose, in relation to the conveyance of gas during that financial year through each transmission system owned by that pipeline owner, the information specified in Part 3 of Schedule 1.

(2) Subject to subclause (4), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publish in the Gazette and publicly disclose, in relation to the conveyance of gas during that financial year through distribution systems owned by that pipeline owner, the information specified in Part 3 of Schedule 1.

(3) The information published in the Gazette and publicly disclosed by a pipeline owner in accordance with subclause (1) or subclause (2) in respect of a financial year must be accompanied by the information (if any) that was published in the Gazette by that pipeline owner in accordance with the relevant subclause for the previous 3 financial years.

(4) If—

• (a) a pipeline owner is required by subclause (1) or subclause (2) to publish in the Gazette and publicly disclose information in relation to the 1996–1997 financial year; and

• (b) the 1996–1997 financial year of that pipeline owner ended before 7 August 1997,—

then that pipeline owner must publish in the Gazette and publicly disclose that information not later than 1 January 1998.

(1) Subject to subclause (4), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publish in the Gazette and publicly disclose, in relation to the conveyance of gas during that financial year through each transmission system owned by that pipeline owner, the information specified in Part 4 of Schedule 1.

(2) Subject to subclause (4), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publish in the Gazette and publicly disclose, in relation to the conveyance of gas during that financial year through distribution systems owned by that pipeline owner, the information specified in Part 4 of Schedule 1.

(3) The information published in the Gazette and publicly disclosed by a pipeline owner in accordance with subclause (1) or subclause (2) in respect of a financial year must be accompanied by the information (if any) that was published in the Gazette by that pipeline owner in accordance with the relevant subclause for the previous 3 financial years.

(4) If—

• (a) a pipeline owner is required by subclause (1) or subclause (2) to publish in the Gazette and publicly disclose information in relation to the 1996–1997 financial year; and

• (b) the 1996–1997 financial year of that pipeline owner ended before 7 August 1997,—

then that pipeline owner must publish in the Gazette and publicly disclose that information not later than 1 January 1998.

(1) Subject to subclause (2), if any information (being information necessary for the purpose of enabling a pipeline owner to compile information required by regulation 17 or regulation 18 to be published in the Gazette and publicly disclosed) is not available, the pipeline owner may use estimated information for that purpose and, in that case,—

• (a) the information published in the Gazette must include a statement—

  • (i) identifying the information that has been compiled using estimated information; and

  • (ii) that the methodology used to calculate the estimated information is publicly available; and

• (b) the information publicly disclosed must include a statement—

  • (i) identifying the information that has been compiled using estimated information; and

  • (ii) setting out the methodology used to calculate the estimated information.

(2) No pipeline owner may use estimated information for the purposes of complying with clause 2(b) or clause 2(d) of Part 3 of Schedule 1.

(1) Not later than 1 October 1997, every pipeline owner must publicly disclose the methodology used to determine the prices charged on 7 August 1997 for the supply of line function services by means of systems owned by that pipeline owner.

(2) Subject to subclause (4), within 5 months after the beginning of each financial year (beginning with the 1997–1998 financial year), every pipeline owner must publicly disclose the methodology used to determine the prices charged or to be charged, at the commencement of that financial year, for the supply of line function services by means of systems owned by that pipeline owner.

(3) If, in respect of any methodology publicly disclosed under subclause (1) or subclause (2), any pipeline owner makes any change to that methodology, or adopts a different methodology, that pipeline owner must, within 1 month of that change or that different methodology taking effect, publicly disclose that change or that different methodology, as the case may be.

(4) A pipeline owner is not required to publicly disclose a methodology, under subclause (2), in respect of the 1997–1998 financial year, if that financial year commenced before 7 August 1997.

(1) Subject to subclause (3), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publicly disclose the methodology used in relation to the allocation of costs, revenues, assets, and liabilities between,—

• (a) in the case of the Corporation,—

  • (i) the activities specified in regulation 6(1); and

  • (ii) the activities specified in regulation 6(2)(a); and

  • (iii) the activities specified in regulation 6(2)(b); and

  • (iv) the activities specified in regulation 6(2)(c):

• (b) in the case of any pipeline owner (other than the Corporation),—

  • (i) the activities specified in regulation 6(2)(a); and

  • (ii) the activities specified in regulation 6(2)(b); and

  • (iii) the activities specified in regulation 6(2)(c).

(2) In subclause (1), the reference to the allocation of costs, revenues, assets, and liabilities means the allocation of costs, revenues, assets, and liabilities for the purposes of the preparation of financial statements for the relevant financial year in accordance with regulation 6.

(3) If—

• (a) a pipeline owner is required by subclause (1) to publicly disclose a methodology in relation to the 1996–1997 financial year; and

• (b) the 1996–1997 financial year of that pipeline owner ended before 7 August 1997,—

then that pipeline owner must publicly disclose that methodology not later than 1 January 1998.

(1) This regulation applies in respect of those activities in relation to which every pipeline owner is required, by regulation 6, to publish in the Gazette and publicly disclose financial statements for a financial year.

(2) Subject to subclause (6), within 5 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publicly disclose, in respect of the activities to which this regulation applies, the following information:

• (a) in respect of goods and services supplied by the pipeline owner, in the course of carrying on any of those activities, to any entity that is in a prescribed business relationship with the pipeline owner, the total income received by the pipeline owner from the supply of those goods and services:

• (b) in respect of goods and services supplied to the pipeline owner, in the course of carrying on any of those activities, by any entity that is in a prescribed business relationship with the pipeline owner, the total cost to the pipeline owner of those goods and services.

(3) The information must be arranged so that separate totals are shown for each of the following categories of activities:

• (a) in the case of the Corporation,—

  • (i) the activities specified in regulation 6(1); and

  • (ii) the activities specified in regulation 6(2)(a); and

  • (iii) the activities specified in regulation 6(2)(b); and

  • (iv) the activities specified in regulation 6(2)(c):

• (b) in the case of any pipeline owner (other than the Corporation),—

  • (i) the activities specified in regulation 6(2)(a); and

  • (ii) the activities specified in regulation 6(2)(b); and

  • (iii) the activities specified in regulation 6(2)(c).

(4) The information must be accompanied by full details of the terms on which the goods and services were supplied by or to the pipeline owner.

(5) Where a pipeline owner is required by subclause (2) to publicly disclose information, the pipeline owner must publicly disclose the methodology used to compile that information.

(6) If—

• (a) a pipeline owner is required by subclause (2) to publicly disclose information in relation to the 1996–1997 financial year; and

• (b) the 1996–1997 financial year of that pipeline owner ended before 7 August 1997,—

then that pipeline owner must publicly disclose that information not later than 1 January 1998.

(1) Subject to subclauses (2) and (5), within 2 months after the end of each financial year (beginning with the 1996–1997 financial year), every pipeline owner must publicly disclose, in relation to that financial year, the information specified in Part 5 of Schedule 1.

(2) A pipeline owner complies with the requirements imposed by subclause (1) to publicly disclose the diagram referred to in clause 1(2) of Part 5 of Schedule 1 or the map referred to in clause 2(2) of that Part if the pipeline owner, within 2 months after the end of each financial year, makes copies of the diagram or map, as the case may be, available for inspection, during ordinary office hours, at the principal offices of that pipeline owner.

(3) If, in respect of any methodology publicly disclosed under clause 7 of Part 5 of Schedule 1, any pipeline owner makes any change to that methodology, or adopts a different methodology, that pipeline owner must, within 2 months of that change or that different methodology taking effect, publicly disclose that change or that different methodology, as the case may be.

(4) For the purposes of subclause (1), the Corporation must treat the transmission pipelines known as the Northern transmission pipeline, the Central transmission pipeline, the Bay of Plenty transmission pipeline, and the Southern transmission pipeline as separate transmission systems, even though they are linked to the same source of gas.

(5) If—

• (a) a pipeline owner is required by subclause (1) to publicly disclose information in relation to the 1996–1997 financial year; and

• (b) the 1996–1997 financial year of that pipeline owner ended before 7 August 1997,—

then that pipeline owner must publicly disclose that information not later than 1 November 1997.

(1) For the purposes of this regulation and regulations 25 to 27, a gas provider is any person who—

• (a) is a gas distributor or gas retailer; and

• (b) invoices a consumer or gas refueller for a line charge.

(2) For the purposes of regulations 25 to 27, a prescribed contract means a contract under which a gas provider invoices any consumer or gas refueller for a line charge (whether that line charge is imposed by that gas provider or any other person).

(3) For the purposes of this regulation and regulations 25 and 26, a consumer or gas refueller is invoiced for a line charge if the amount for which that consumer or gas refueller is invoiced includes a line charge, even though that line charge is not specifically stated on the invoice.

(1) Subject to regulation 27, within 3 months after the beginning of each financial year (beginning with the 1997–1998 financial year), every gas provider must publicly disclose, in respect of each prescribed contract that is in force at the beginning of that financial year, the following information:

• (a) the line charge under that contract, determined as at the beginning of that financial year, and the basis on which that line charge is calculated (for example, by reference to a specified time period, or the amount of gas conveyed to that consumer or gas refueller):

• (b) for each such line charge,—

  • (i) the number (or estimated number) of consumers and gas refuellers by whom that line charge is payable; and

  • (ii) the amount that represents the line charge (if any) imposed by that gas provider; and

  • (iii) the amount that represents the line charge (if any) imposed by any other person.

(2) Subject to subclause (3) and regulation 27, within 3 months after the beginning of each financial year (beginning with the 1997–1998 financial year), every gas provider must give written notice of the information specified in subclause (4) to each consumer and each gas refueller that is a party to a prescribed contract at the beginning of that financial year.

(3) A gas provider is not required to give written notice of the information specified in subclause (4) to anyone who ceases to be a consumer or gas refueller within 3 months after the beginning of the relevant financial year.

(4) The information referred to in subclause (2) is as follows:

• (a) in respect of the prescribed contract to which the consumer or gas refueller was a party at the beginning of the relevant financial year,—

  • (i) the line charge under that contract, determined as at the beginning of that financial year; and

  • (ii) the basis on which that line charge is calculated (for example, by reference to a specified time period, or the amount of gas conveyed to that consumer or gas refueller):

• (b) in respect of that line charge,—

  • (i) the number (or estimated number) of consumers and gas refuellers by whom that line charge is payable; and

  • (ii) the amount that represents the line charge (if any) imposed by that gas provider; and

  • (iii) the amount that represents the line charge (if any) imposed by any other person.

(1) Subject to subclauses (3) and (4), if there is an increase or a decrease in the line charge under a prescribed contract, the gas provider must comply with subclause (2) within 2 months of the first invoice being sent to any consumer or gas refueller for that increased or decreased line charge.

(2) The gas provider must—

• (a) publicly disclose a statement setting out, in respect of that prescribed contract,—

  • (i) the increased or decreased line charge; and

  • (ii) the line charge that was payable under the prescribed contract immediately before that increase or decrease; and

  • (iii) the number (or estimated number) of consumers and gas refuellers by whom that increased or decreased line charge will be payable; and

• (b) give written notice of that increased or decreased line charge to every consumer and gas refueller by whom that line charge is payable.

(3) If a consumer or gas refueller was first invoiced for an increased or a decreased line charge before 7 August 1997 in respect of the 1997–1998 financial year, the information specified in subclause (2)(a) must be publicly disclosed—

• (a) within 2 months of that invoicing; or

• (b) not later than 1 November 1997,—

whichever is the later.

(4) If a consumer or gas refueller is first invoiced for an increased or a decreased line charge within the period of 3 months immediately after the end of a financial year, the information specified in subclause (2)(a) must be publicly disclosed—

• (a) within 2 months of that invoicing; or

• (b) within 3 months after the end of that financial year,—

whichever is the later.

(1) If a gas provider is required by regulation 25 or regulation 26 to publicly disclose a line charge imposed by any other person in respect of the conveyance of gas supplied by the gas provider, that gas provider may impute that line charge.

(2) If the gas provider imputes the line charge, that gas provider must also publicly disclose the methodology used to determine that imputed line charge.

(3) If a gas provider is required by regulation 25 or regulation 26 to publicly disclose any information relating to any standard contract, public disclosure of that information counts as public disclosure in relation to all standard contracts to which that information relates.

(4) If the line charge imposed by a gas provider consists of a charge in relation to a transmission system and a charge in relation to a distribution system, that gas provider must make separate disclosures under regulation 25(1) and regulation 25(2) as if each charge were a separate line charge.

(5) If,—

• (a) a gas provider is required by regulation 25 to publicly disclose information, or give written notice of information, in relation to the 1997–1998 financial year; and

• (b) the 1997–1998 financial year of that gas provider began before 7 August 1997,—

then that gas provider must publicly disclose that information or give written notice, as the case may be, not later than 1 November 1997.

(1) Nothing in regulations 6 to 27 applies to a pipeline owner if the sum of—

• (a) the total amount of gas conveyed to gas customers by that pipeline owner; and

• (b) the total amount of gas conveyed to gas customers by any pipeline owner who is in a prescribed business relationship with that first-mentioned pipeline owner—

is less than 75 000 gigajoules per annum.

(2) The Secretary may from time to time, by notice in the Gazette, exempt any person or class of persons from all or any requirements of these regulations, and may at any time, in the same manner, amend or revoke any such notice.

(1) Nothing in regulation 6 or regulation 7 or regulations 24 to 27 applies to Maui Development Limited.

(2) Nothing in regulation 9 applies to Maui Development Limited in respect of a prescribed agreement—

• (a) that is of a kind described in regulation 8(2); and

• (b) that was entered into before 31 December 1992,—

unless that prescribed agreement has been modified on or after that date.

(3) Nothing in regulations 15 to 22 applies to Maui Development Limited in respect of a contract or an arrangement that was entered into before 31 December 1992, unless that contract or arrangement has been modified on or after that date.

(4) Without limiting subclause (3), nothing in regulation 20 applies to Maui Development Limited in respect of a contract or an arrangement where the prices charged for line function services are not separately identifiable from the prices charged for other goods and services supplied by Maui Development Limited.

(5) Nothing in clause 8 of Part 5 of Schedule 1 applies to Maui Development Limited in respect of the Maui on-shore gas pipeline unless the level of holding or reserving of capacity in that pipeline changes from the level of holding or reserving of capacity as at 1 January 1993.

Nothing in regulations 6 to 27 applies to the pipeline owners specified in Schedule 2 in respect of the pipelines specified in that schedule.

(1) This regulation applies to the following information:

• (a) financial statements required, by regulation 6, to be published in the Gazette and publicly disclosed:

• (b) the financial performance measures specified in clause 1 of Part 2 of Schedule 1:

• (c) the financial components of the efficiency performance measures specified in clause 2 of Part 2 of Schedule 1.

(2) All information to which subclause (1)(a) applies must be certified by an independent auditor by certificate in form 1 as set out in Schedule 3.

(3) All information to which subclause (1)(b) or subclause (1)(c) applies must be certified by an independent auditor by certificate in form 2, as set out in Schedule 3.

(1) If information is published in the Gazette or publicly disclosed under regulation 6 or regulations 15 to 19 by the Corporation, that information must have appended to it a certificate in form 3 as set out in Schedule 3, signed by 2 directors of the Corporation.

(2) If information is published in the Gazette or publicly disclosed under regulation 6 or regulations 15 to 19 by any pipeline owner (other than the Corporation), that information must have appended to it a certificate in form 4 as set out in Schedule 3, signed by 2 directors or 2 principals of the pipeline owner.

(3) If information to which regulation 31(1) applies is published in the Gazette or publicly disclosed under any provision of these regulations, that information must have appended to it a copy of the certificate given in relation to that information in accordance with regulation 31(2) or regulation 31(3), as the case requires.

(1) In this regulation,—

(2) If,—

• (a) by virtue of any relevant regulation, any entity is required, in respect of any financial year, to publish in the Gazette or publicly disclose any information; and

• (b) during that financial year, that entity has acquired, from any other entity, the whole or part of any business,—

then—

• (c) the information published in the Gazette or publicly disclosed by the first-mentioned entity, under that regulation, for that financial year; and

• (d) the information (if any) required to be disclosed by the other entity, under any relevant regulation, for that financial year—

must, so far as practicable, be prepared on the basis that the acquisition of that business or, as the case requires, that part of that business had occurred at the beginning of that financial year.

(1) Subject to subclause (2), if, in respect of any particular financial year, any person is required, by more than 1 provision of these regulations, to publish any information in the Gazette, all the information so required to be published by that person in respect of that financial year must be published together in the same issue of the Gazette.

(2) If—

• (a) any person is required, by these regulations, to publish in the Gazette or publicly disclose information jointly with any other person; and

• (b) the financial years of those persons end on different dates,—

the timeframe within which those persons must publish or publicly disclose that information is the timeframe applicable to the particular financial year of the person whose financial year ends last.

(1) If any person is required, by any provision of any of regulations 8 to 14, to publicly disclose any information relating to any contract or arrangement, that person must publicly disclose that information for as long as that contract or arrangement remains in force.

(2) If any person is required, by any provision of regulation 6 or regulation 15 or regulation 17 or regulation 18 or regulation 21 or regulation 22 or regulation 32, to publicly disclose any information, that person must publicly disclose that information for a period of at least 4 years after the information is first publicly disclosed by that person.

(3) If any person is required, by any provision of regulation 20, to publicly disclose any information relating to any methodology used by that person, that person must publicly disclose that information for a period of at least 1 year after that information is first publicly disclosed by that person or until the methodology is no longer used by that person, whichever is the longer.

(4) If any person is required, by any provision of regulations 25 to 27, to publicly disclose any information, that person must publicly disclose that information for a period of at least 1 year after that information is first publicly disclosed by that person.

If—

• (a) any gas wholesaler, pipeline owner, or gas retailer is required by any provision of these regulations to publicly disclose any information; and

• (b) a person requests that gas wholesaler, pipeline owner, or gas retailer, as the case may be, to provide that person with a copy of that information,—

the gas wholesaler, pipeline owner, or gas retailer must comply with that request within 10 working days after receiving that request.

(1) All statements and information supplied to the Secretary under section 56(1)(a) of the Act by any person must be verified by an authorised director or principal of that person by statutory declaration in form 5, as set out in Schedule 3.

(2) All further statements, reports, agreements, particulars, and other information supplied to the Secretary under section 56(1)(b) of the Act by any person must be verified by an authorised director or principal of that person by statutory declaration in form 6, as set out in Schedule 3.