Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 72

72. (1) A Moomba operator must not carry on a business other than the business
of doing either or both of the following:

   (a)  designing, constructing, maintaining, operating or owning pipelines
        for the haulage of gas;

   (b)  providing consultancy and haulage support services in relation to
        designing, constructing, maintaining or operating pipelines for the
        haulage of gas.

(2) A Moomba operator must:

   (a)  ensure that none of its officers (other than a validly appointed
        non-executive director) is also an officer of a controlling
        distributor who manages or takes part in any other way in the business
        activities of the distributor that relate to the haulage or supply of
        gas in New South Wales or the Australian Capital Territory; and

   (b)  ensure that none of its consultants is also an officer of a
        controlling distributor who manages or takes part in any other way in
        the business activities of the distributor that relate to the haulage
        or supply of gas in New South Wales or the Australian Capital
        Territory; and

   (c)  maintain its records in such a way that information relating to its
        Moomba pipeline business can readily be extracted; and

   (d)  ensure that confidential information in its records that relate to its
        Moomba pipeline business (other than shared technical information) is
        not made available to a controlling distributor.

(3) Paragraph (2)(b) does not apply to a Moomba operator if:

   (a)  the operator has applied in writing to the TPC for the TPC's approval
        to the operator engaging an officer of a controlling distributor to
        provide particular services; and

   (b)  the TPC approves in writing the engaging of the officer to provide
        those services.

(4) An approval may be:

   (a)  subject to terms and conditions specified in the approval; or

   (b)  limited to a period specified in the approval.

(5) The TPC may revoke an approval, by notice in writing given to the
operator, if it is satisfied that the terms and conditions of the approval are
not being complied with by the operator.

(6) In this section:

"consultant" means a person who is engaged to provide services;

"shared technical information" means information relating to the operation of
the Moomba pipeline that it is necessary for the Moomba operator to provide to
a haulage services customer to enable the safe and efficient supply of haulage
services to that customer.