Overview

The Gas Governance (Compliance) Regulations 2008 (the 'Compliance Regulations') came into effect on 11 September 2008. The purpose of the Compliance Regulations is to provide for the monitoring and enforcement of the following gas governance arrangements:

• the Gas (Switching Arrangements) Rules 2008
• the Gas (Processing Facilities Information Disclosure) Rules 2008
• the Gas (Downstream Reconciliation) Rules 2008
• the Gas Governance (Critical Contingency Management) Regulations 2008.

All of these Rules and Regulations can be found here : Legislation

The Compliance Regulations allow participants in the above gas governance arrangements, including service providers, Gas Industry Co, consumers and other persons to allege breaches of the above rules or regulations.

A Market Administrator, Investigator and a Rulings Panel are appointed under the Regulations to undertake a range of functions in relation to alleged breaches as follows:

• the Market Administrator receives breach allegations, refers allegations that it determines raises material issues to the Investigator and where appropriate, attempts to achieve a resolution on allegations it determines not to have raised material issues. The Market Administrator function is currently being undertaken by Gas Industry Co.
• the Investigator investigates allegations of alleged breaches that have been determined to raise material issues (and unresolved breaches referred by parties) and attempts to settle them. Jacquie Kean (Barrister) and Jason McHerron (Barrister) have been appointed as Investigators.
• the Rulings Panel has jurisdiction to approve or reject settlements and determine breach allegations. The Minister of Energy and Resources has appointed Hon Sir John Hansen KNZM as the Rulings Panel.