CHAPTER 5.	MARKET INFORMATION 
AND SYSTEM PLANNING

5.1	MARKET INFORMATION

5.1.1	Provision of information
(a)	The provisions of this clause 5.1 are subject always to the rights and obligations of VENCorp and Participants in relation to confidential information as set out in clause 5.4.
(b)	In addition to any specific obligation or power of VENCorp under these Rules to provide information, VENCorp must make available to Market Participants on request any information concerning the operation of the market and may charge a fee reflecting the cost of providing any information under this clause 5.1.1(b).
(c)	VENCorp must make available to the public on request information in respect of the market price and, where requested and available, reasons for any significant movements in the market price.
5.1.2	Systems and procedures
(a)	All information, including nominations and inc/dec offers where relevant, which must be provided by Participants to VENCorp under these Rules and information which must be provided by VENCorp to Participants under these Rules must be provided by means of an electronic communication system unless otherwise specified in these Rules or approved by VENCorp.
(b)	Where information is provided by means of an electronic communication system, that information must be provided by using the templates supplied in the electronic communication system unless otherwise approved by VENCorp.
(c)	If possible, information provided to VENCorp must be time stamped by VENCorp on receipt by VENCorp’s electronic communication system and if stamped, is deemed to be provided at the time indicated by the time stamp.
(d)	Information is deemed to be published by VENCorp when the information is placed on the market information bulletin board.
(e)	Before the commencement date and following consultation with Participants, VENCorp must develop electronic communication procedures under which:
(1)	information, including nominations and inc/dec offers where relevant, must be provided by Participants to VENCorp;
(2)	information must be provided by VENCorp to Participants; and 
(3)	information published on the market information bulletin board may be accessed by Market Participants. 
(f)	Following consultation with Participants, VENCorp may review and alter: 
(1)	the requirements for electronic communication systems; and
(2)	electronic communication procedures, 
from time to time.
5.1.3	Participant data
VENCorp must establish, maintain, update as VENCorp considers reasonably necessary from time to time, and publish:
(a)	a list of all Participants identifying those of them that are Market Participants; 
(b)	a list of all applications to become a Participant identifying those of them that are applications to become a Market Participant;
(c)	a list of all Participants who will cease to be Participants and the time that each listed Participant will cease to be a Participant; and
(d)	a list of all Market Participants who are suspended and the time at which each listed Market Participant was suspended.
5.1.4	Spot market
(a)	VENCorp must publish preliminary operating schedules and final operating schedules in accordance with and at the times specified in clause 3.1.
(b)	Each preliminary operating schedule and final operating schedule must include the following details for the relevant gas day in respect of the transmission system unless otherwise specified below:
(1)	forecasts of the most probable peak daily demand and peak hourly demand and the times at which those peaks are forecast to occur;
(2)	forecasts of peak hourly demand which VENCorp predicts to have a 10% and 90% probability respectively of being exceeded and the time at which those peaks are forecast to occur;
(3)	forecasts of the aggregate total demand for each trading interval;
(4)	forecast aggregate supply availability for each trading interval;
(5)	details of forecast threats to system security, including the forecast time, location and extent of each such threat; 
(6)	forecasts of the market price for each trading interval and each pricing zone; and
(7)	details of the expected sensitivity of the forecast market prices to changes in the forecast demand or supply availability;
(8)	forecast locational prices for each hour of the gas day;
(9)	forecast EoD linepack; and
(10)	the linepack which VENCorp requires in respect of that gas day.
(c)	If VENCorp considers there to be a significant change in a forecast market price, VENCorp must identify and, as soon as practicable, publish the cause of such a change, including but not limited to the impact of any change.
(d)	As soon as practicable after the end of each trading interval, VENCorp must publish its best estimate of the market price for that trading interval.
(e)	By 4.00pm each day, VENCorp must publish for each trading interval in the previous gas day:
(1)	the market price;
(2)	the aggregate quantity of withdrawals of gas from each system withdrawal zone or such other area that VENCorp considers appropriate having regard to the commercial sensitivity of information relating to the demand and consumption patterns of Customers and the requirements of clause 5.2.4(f);
(3)	without limitation, prices and quantities of gas specified in inc/dec offers; 
(4)	aggregate quantities of gas specified in nominations;
(5)	details of the total quantity of gas injected into the transmission system at each system injection point;
(6)	details of the total quantity of gas scheduled in accordance with withdrawal inc/dec offers in each system withdrawal zone or such other area that VENCorp considers appropriate having regard to the commercial sensitivity of information relating to the demand and consumption patterns of Customers and the requirements of clause 5.2.4(f); 
(7)	the aggregate quantity of EoD linepack purchases and the price of EoD linepack; and
(8)	details of any operational irregularities which arose including, for example, any circumstances in which, in VENCorp’s reasonable opinion, there was evidence of a failure to follow scheduling instructions.
5.1.5	Public information
(a)	Each day, all information relating to the operation of the market that VENCorp is required to publish in accordance with these Rules must be made available by VENCorp via an electronic communications medium.
(b)	If VENCorp makes information available under clause 5.1.5(a) by a means other than the internet, VENCorp may, at its discretion, charge a fee for access to that information provided that such fee reflects VENCorp’s costs of providing that information.
(c)	VENCorp must make available for purchase by any person at reasonable cost the current annual planning review prepared pursuant to clause 5.2.2 from the date on which it is published.
5.1.6	Information records
VENCorp must retain all information provided to it under these Rules for at least seven years in a form it deems appropriate for reasonable access.
5.1.7	Market audit
(a)	VENCorp must arrange for a market audit to be performed once each year by an independent auditor who in VENCorp’s reasonable opinion is suitably qualified to conduct such an audit.
(b)	The market audit must cover and review compliance by VENCorp with its procedures and the effectiveness and appropriateness of systems utilised in the operation of the market, including but not limited to:
(1)	the calculations and allocations performed by the metering and settlements systems;
(2)	billing and information systems;
(3)	the scheduling and pricing processes;
(4)	processes for software management; 
(5)	the linepack account; and
(6)	VENCorp’s compliance with these Rules.
(c)	VENCorp must procure that the person who conducts the market audit prepares a report in which the results of the market audit are set out.
(d)	Following consideration by VENCorp, the market audit report must be made available by VENCorp to Market Participants on request and at a cost that VENCorp considers to be reasonable to recover the cost of providing (but not preparing) the market audit report. 

5.2	FORECASTS AND
PLANNING AND MAINTENANCE REVIEWS

5.2.1	Purpose
(a)	Under this clause 5.2:
(1)	Participants are required to provide information to VENCorp in relation to certain aspects of their operations in accordance with clauses 5.2.4(b), (c) and (d); and
(2)	VENCorp is required to use the information disclosed to it by Participants to:
(A)	prepare and provide to Participants annual planning reviews and quarterly planning reviews for the purposes set out in clauses 5.2.1(b) and (c); and
(B)	coordinate the maintenance operations of Transmission Pipeline Owners and Storage Providers to ensure that system security is maintained and is not threatened by the maintenance of pipeline equipment.
(b)	VENCorp is required to provide annual planning reviews under clause 5.2.2 for the primary purpose of allowing Participants to make informed decisions relating to:
(1)	planning for capital investments; and
(2)	developing market strategies.
(c)	VENCorp is required to provide quarterly planning reviews under clause 5.2.3 for the primary purpose of allowing Participants to make informed decisions relating to:
(1)	maintenance; 
(2)	storage;
(3)	pipeline operation; and
(4)	pricing.
(d)	VENCorp must use its reasonable endeavours to ensure that the annual planning reviews and quarterly planning reviews it prepares under this clause 5.2 accurately reflect the information provided to VENCorp by Participants under clauses 5.2.4(b), (c) and (d), but in no circumstances is VENCorp to be liable for any loss or damage suffered or incurred by a Participant or any other person as a consequence of any error, omission or inaccuracy in an annual planning review or a quarterly planning review.
5.2.2	Annual planning reviews
(a)	By no later than 30 November each year, VENCorp must:
(1)	prepare an annual planning review in accordance with this clause 5.2.2; and
(2)	provide to each Participant and the Regulator a copy of that annual planning review.
(b)	Each annual planning review must contain annual forecasts by system withdrawal zone of the matters set out in clause 5.2.2(c) for each of the five years in the period commencing from 1 January in the year immediately following the year in which the annual planning review is provided to Participants.
(c)	Annual planning reviews prepared by VENCorp must include forecasts by system withdrawal zone in respect of the following matters:
(1)	most probable peak daily and hourly demands under average demand conditions and when those peak demands will occur;
(2)	most probable peak daily and hourly demands under peak demand conditions (or such other planning criteria as VENCorp may determine) and when those peak demands will occur;
(3)	total demand;
(4)	available and prospective supply and the source of that supply;
(5)	any expansions of, and extensions to, the transmission system;
(6)	transmission system capacity;
(7)	the acceptable range of minimum and maximum pressures at such transmission system locations as VENCorp considers appropriate;
(8)	storage capacities and inventories;
(9)	storage operating parameters including but not limited to injection and withdrawal rates and pressures and the sustainability of those rates and pressures; and
(10)	mismatches between supply, demand and capacity.
(d)	When preparing an annual planning review VENCorp must:
(1)	take into account: 
(A)	the information provided by Participants under clauses 5.2.4(b), (c) and (d); 
(B)	anticipated future growth in the demand for gas in Victoria; and
(C)	committed projects for new or additional gas production facilities or extension or expansion of a transmission system or a distribution pipeline; and
(2)	subject to clause 5.2.4(f), publish the assumptions upon which it bases its annual planning reviews.
5.2.3	Quarterly planning reviews 
(a)	By no later than 15 February, 15 May, 15 August and 15 November each year, VENCorp must:
(1)	prepare a quarterly planning review in accordance with this clause 5.2.3; and
(2)	provide each Participant and the Regulator with a copy of that quarterly planning review.
(b)	Each quarterly planning review must provide monthly forecasts by system withdrawal zone of the matters set out in clause 5.2.3(c) for the twelve month period commencing from: 
(1)	1 April in respect of the quarterly planning review provided by VENCorp by 15 February under clause 5.2.3(a);
(2)	1 July in respect of the quarterly planning review provided by VENCorp by 15 May under clause 5.2.3(a);
(3)	1 October in respect of the quarterly planning review provided by VENCorp by 15 August under clause 5.2.3(a); and
(4)	1 January in respect of the quarterly planning review provided by VENCorp by 15 November under clause 5.2.3(a).
(c)	Quarterly planning reviews prepared by VENCorp must include forecasts by system withdrawal zone in respect of the following matters:
(1)	most probable peak daily demand and peak hourly demand and when those peak demands will occur;
(2)	total demand;
(3)	available and prospective supply and the source of that supply;
(4)	transmission system capacity;
(5)	storage capacities and inventories;
(6)	storage operating parameters including but not limited to injection and withdrawal rates and pressures and the sustainability of those rates and pressures; and
(7)	mismatches between supply, demand and capacity.
(d)	When preparing a quarterly planning review VENCorp must:
(1)	take into account: 
(A)	the information provided by Participants under clauses 5.2.4(b), (c) and (d);
(B)	anticipated future growth in the demand for gas in Victoria; and 
(C)	committed projects for new or additional gas production facilities or extension or expansion of a transmission system or a distribution pipeline; and
(2)	subject to clause 5.2.4(f), publish the assumptions upon which it bases its quarterly planning reviews.
(e)	If VENCorp receives any information from Participants under clause 5.2.4(e) and that information causes the most recently published quarterly planning review to be materially inaccurate, VENCorp must update that quarterly planning review as soon as practicable, and provide Participants with the details of that update.
5.2.4	Participant disclosure obligations
(a)	All Participants must provide to VENCorp forecasts in respect of the matters set out in clause 5.2.4(b) as follows:
(1)	annual forecasts for each year in the five year period commencing on 1 January in each year must be provided to VENCorp by 30 September in the immediately preceding year; and
(2)	monthly forecasts for each month in the twelve month period commencing on:
(A)	1 April in each year must be provided to VENCorp by 15 January in that year;
(B)	1 July in each year must be provided to VENCorp by 15 April in that year;
(C)	1 October in each year must be provided to VENCorp by 15 July in that year; and
(D)	1 January in each year must be provided to VENCorp by 15 October in that year.
(b)	Information supplied by each Participant must include forecasts in respect of the following matters, where relevant:
(1)	available and prospective supply available to that Participant and the source of that supply;
(2)	storage capacities and inventory available to that Participant;
(3)	gas supply, storage, transmission and distribution projects, including pipeline extensions and expansions; and
(4)	storage operating parameters, including injection and withdrawal rates and pressures and sustainability of those rates and pressures.
(c)	Market Customers and Distributors must include the following additional forecasts, where relevant, with the information provided to VENCorp under clause 5.2.4(a):
(1)	most probable peak daily demand and peak hourly demand in respect of each system withdrawal zone; and
(2)	anticipated material constraints on the capacity of the distribution pipeline in respect of each system withdrawal zone, where that constraint is likely to have an effect on the operation of the transmission system.
(d)	Transmission Pipeline Owners and Storage Providers must include the following additional forecasts, where relevant, with the information provided to VENCorp under clause 5.2.4(a):
(1)	the availability of pipeline equipment; 
(2)	details of any constraints on the availability of pipeline equipment;
(3)	the time and duration of any proposed maintenance;
(4)	full details of the proposed maintenance;
(5)	the longest period likely to be required to recall into operation relevant pipeline equipment during the course of maintenance; and
(6)	operational requirements for maintenance which is to be performed including:
(A)	the gas pressure under which the maintenance will be performed;
(B)	gas requirements for testing; and
(C)	compressor test operations required,
and this additional information must be provided to VENCorp in accordance with clause 5.2.4(a) and also in the form of week-ahead forecasts commencing from Monday in each week which must be provided to VENCorp by no later than the immediately preceding Wednesday.
(e)	A Participant must notify VENCorp as soon as practicable having regard to the nature of the change if it becomes aware of a material change to information previously provided under clauses 5.2.4(b), (c) and (d). 
(f)	Subject always to clause 5.2.4(g), information provided to VENCorp under this clause 5.2.4 is confidential information and is subject to the confidentiality provisions set out in clause 5.4 and VENCorp must comply with the confidentiality obligations imposed on VENCorp under clause 5.4 when dealing with information provided to it under this clause 5.2.4.
(g)	Nothing in clause 5.2.4(f) is to be read or construed as restricting VENCorp from:
(1)	assessing the information provided by Participants under this clause 5.2 and including an aggregation of that information in any report which VENCorp is required to prepare under this clause 5.2; or
(2)	preparing, publishing or making available any report which it is required to prepare under this clause 5.2.
(h)	Participants must provide the information required under this clause 5.2.4 in good faith and must take all reasonable measures to ensure that the information is accurate. 
5.2.5	Disclosure exemptions 
(a)	VENCorp, in its absolute discretion, may exempt a Participant from all or any of the disclosure obligations under clauses 5.2.4(b), (c) and (d).
(b)	VENCorp, in its absolute discretion, may require a Participant, who has previously been exempted from the disclosure obligations under clauses 5.2.4(b), (c) and (d), to make all or any of the disclosures required under those clauses. 
5.2.6	Maintenance planning
(a)	VENCorp must, on the basis of information provided to VENCorp under clause 5.2.4(d), coordinate all maintenance planned by Transmission Pipeline Owners or Storage Providers to ensure that system security is not threatened as a consequence of the unavailability of pipeline equipment undergoing maintenance.
(b)	VENCorp, in consultation with Pipeline Owners and Storage Providers, must develop, prepare and maintain written operating procedures which must set out relevant information pertaining to the coordination of maintenance including:
(1)	procedures for facilitating the exchange of information; and 
(2)	procedures pursuant to which Participants may take offline plant and equipment relevant to the operation of the market, including pipeline equipment.
(c)	A Transmission Pipeline Owner which has provided information under clause 5.2.4(d), concerning time and duration of proposed maintenance, must act in accordance with  those forecasts unless:
(1)	those forecasts are updated in the manner specified in the operating procedures more than five days before that maintenance is due to commence; or 
(2)	if the update is to occur within five days of the day on which that maintenance was due to commence, consent to an update has been obtained from VENCorp in the manner specified in the operating procedures. 
(d)	If VENCorp believes that any maintenance proposed by a Pipeline Owner or Storage Provider will threaten system security, VENCorp must notify the relevant Pipeline Owner or Storage Provider accordingly and that Pipeline Owner or Storage Provider must co-operate with VENCorp in good faith to minimise any threat to system security which in VENCorp’s reasonable opinion would be likely to result from that proposed maintenance.
(e)	VENCorp may direct a Pipeline Owner or Storage Provider to cancel, delay or suspend any maintenance if in VENCorp’s reasonable opinion:
(1)	the Pipeline Owner or Storage Provider is conducting or proposing to conduct maintenance in a way which does not minimise threats to system security; and
(2)	the relevant pipeline equipment will not materially be damaged by deferring that maintenance.
(f)	If there is a breakdown, or VENCorp reasonably believes there is likely to be a breakdown, of any pipeline equipment which VENCorp or the relevant Pipeline Owner reasonably believes could threaten system security, the Pipeline Owner or Storage Provider which owns that pipeline equipment must immediately provide VENCorp with:
(1)	full details of the breakdown, or threatened breakdown; and 
(2)	its planned response to the breakdown, or threatened breakdown,
and that Pipeline Owner or Storage Provider must co-operate with VENCorp in good faith to minimise any threat to system security which in VENCorp’s reasonable opinion would be likely to result from that breakdown.
(g)	If VENCorp becomes aware of defective pipeline equipment, VENCorp must promptly provide all relevant Pipeline Owners or Storage Providers with full details of the defect.

5.3	MDQ AUTHORISATION

5.3.1	Agreement for provision of transportation services
(a)	Prior to the commencement date, VENCorp and a Transmission Pipeline Owner must enter into a service envelope agreement, and thereafter must at all times ensure that there is a valid service envelope agreement in force between them, under which the Transmission Pipeline Owner agrees, amongst other things, to provide to VENCorp gas transportation services and pipeline capacity by means of the pipelines of that Transmission Pipeline Owner which form part of the transmission system on terms which are not inconsistent with:
(1)	the access arrangement, if any, of the Transmission Pipeline Owner; and
(2)	the Tariff Order, if applicable.
(b)	A service envelope agreement must specify the capacity of the Transmission Pipeline Owner’s pipelines available for use by VENCorp at system points on the pipeline under various operating conditions.
(c)	If VENCorp and a Transmission Pipeline Owner are unable to reach agreement (or to continue to agree, as the case may be) for the purposes of entering and maintaining a service envelope agreement as required under clause 5.3.1(a), the Regulator may refer the matter for resolution by a suitably qualified independent person appointed by the Regulator who, in the reasonable opinion of the Regulator:
(1)	has an understanding of the gas industry, generally;
(2)	has an understanding about the roles of both VENCorp and the Transmission Pipeline Owner in the gas industry operating in Victoria; 
(3)	does not have any interests which could conflict with an impartial resolution of the disagreement; and
(4)	is appropriate in all the circumstances to hear and resolve the disagreement.
(d)	The independent person appointed by the Regulator under clause 5.3.1(c) may request from VENCorp and the Transmission Pipeline Owner any relevant document, information, statement and other materials that the independent person considers to be reasonably necessary to enable the disagreement to be resolved and VENCorp and the Transmission Pipeline Owner must promptly comply with all such requests.
(e)	The independent person appointed by the Regulator under clause 5.3.1(c) must do all things reasonably necessary to resolve the disagreement within thirty business days of referral of the matter by the Regulator, if necessary by making a decision about the manner in which the unresolved matter is to be addressed in the service envelope agreement between the parties.
(f)	VENCorp and the Transmission Pipeline Owner must ensure that the resolution of the disagreement by the independent person appointed by the Regulator under clause 5.3.1(c) is reflected in a service envelope agreement which is duly entered between them within five business days of the resolution of the disagreement under clause 5.1.3(e) and if they fail to enter into or modify an existing service envelope agreement which reflects the resolution by the independent person, the Regulator may arrange for an appropriate agreement to be prepared which:
(1)	reflects the resolution of the disagreement by the independent person; and
(2)	if there was an existing service envelope agreement, reflects the provisions of the existing service envelope agreement to the extent that those provisions have not been modified by agreement between VENCorp and the Transmission Pipeline Owner or the subject of a disagreement between VENCorp and the Transmission Pipeline Owner under clause 5.3.1(c).
(g)	If the Regulator arranges for a service envelope agreement to be prepared or modified under clause 5.3.1(f):
(1)	the Regulator must send the completed service envelope agreement to VENCorp and the Transmission Pipeline Owner, respectively, as soon as practicable; and
(2)	VENCorp and the Transmission Pipeline Owner must execute that service envelope agreement within 5 business days of receiving it from the Regulator.
(h)	The independent person is to be appointed by the Regulator under clause 5.3.1(c) to act as an expert and not as an arbitrator and the rules of evidence do not apply.
(i)	If, at the time of any disagreement between VENCorp and the Transmission Pipeline Owner under clause 5.3.1(c), there is a service envelope agreement in place between VENCorp and the Transmission Pipeline Owner or a service envelope agreement has recently expired or terminated, that existing or previous service envelope agreement, as the case may be, is deemed to continue to have full force and effect between VENCorp and the Transmission Pipeline Owner until a new or modified service envelope agreement has been entered between them.
5.3.2	Initial allocation of authorised MDQ
(a)	Prior to the commencement date, VENCorp must allocate authorised MDQ as follows:
(1)	a Customer is to be allocated authorised MDQ in respect of all quantities of gas which it withdraws at a tariff V withdrawal point; and
(2)	a Customer is to be allocated authorised MDQ in respect of gas which it withdraws at a tariff D withdrawal point on the basis of past and/or existing contractual arrangements, or on some other basis that VENCorp reasonably considers to be appropriate in all the circumstances.
(b)	Within a reasonable period after the allocation of authorised MDQ under clause 5.3.2(a)(2), VENCorp must prepare and make available to all Market Participants and Customers who withdraw gas at a tariff D withdrawal point a report which describes the methodology applied by VENCorp in making that allocation of authorised MDQ.
(c)	VENCorp must notify: 
(1)	each Retailer whose Customers are allocated authorised MDQ under clause 5.3.2(a)(2) of the authorised MDQ allocation made to each of its Customers; and
(2)	each Market Customer who is allocated authorised MDQ under clause 5.3.2(a)(2) of the authorised MDQ allocation made to that Market Customer.
(d)	A Retailer who sells gas to Customers to whom authorised MDQ is allocated under clause 5.3.2(a)(2) must notify each of its Customers in respect of whom gas is withdrawn at a tariff D withdrawal point of that Customer’s authorised MDQ.
(e)	VENCorp must advise a Customer of that Customer’s authorised MDQ on request by that Customer.
(f)	Subject to clauses 5.3.2(c), (d) and (e) and clause 5.3.3(e), information relating to authorised MDQ, including the identity of the Customer or person to whom it has been allocated, is confidential information.
(g)	If a Customer changes the Retailer from whom it purchases gas, the Customer’s authorised MDQ allocated under clauses 5.3.2 or 5.3.4:
(1)	remains assigned to that Customer; and
(2)	is not varied,
as a result of the change of Retailer.
(h)	VENCorp must, within one year after the commencement date, review the appropriateness of allocating authorised MDQ in respect of all gas quantities withdrawn from tariff V withdrawal points in accordance with clause 5.3.2(a)(1).
5.3.3	Subsequent allocations of authorised MDQ - pipeline extensions or expansions
(a)	If a Transmission Pipeline Owner extends or expands, or proposes to extend or expand, its pipeline or pipelines other than in accordance with its obligations under its service envelope agreement and its access arrangement, if any, it must consult with VENCorp for the purposes of reaching agreement with VENCorp as to the increase in capacity of the relevant pipeline which results from the extension or expansion.
(b)	VENCorp must allocate: 
(1)	such quantity of additional authorised MDQ which is made available by an extension or expansion of a kind referred to in clause 5.3.3(a);
(2)	to such persons; and
(3)	for use within such specified withdrawal zones,
for such period as the relevant Transmission Pipeline Owner directs.
(c)	Subject to clause 5.3.4(a), VENCorp must not allocate authorised MDQ made available by an extension or expansion of the kind referred to in clause 5.3.3(a), except in accordance with a direction of the relevant Transmission Pipeline Owner under clause 5.3.3(b).
(d)	If additional authorised MDQ has been allocated by VENCorp at the direction of a Transmission Pipeline Owner under 5.3.3(b), VENCorp and the Transmission Pipeline Owner must, as soon as practicable thereafter, modify an existing service envelope agreement, to reflect that additional allocation of authorised MDQ and if they are unable to agree, the provisions of clauses 5.3.1(c) to (i), inclusive, are to apply.
(e)	If a Retailer holds authorised MDQ originally allocated under this clause 5.3.3 and that Retailer wishes to attribute that authorised MDQ to withdrawals of gas by any one or more of its Customers, that Retailer must give prior notice to VENCorp of the Customers to whom that authorised MDQ is to be attributed and the location of the delivery points from which those Customers will withdraw gas.
(f)	Subject to clause 5.3.3(g), if a Retailer has notified VENCorp under clause 5.3.3(e) that it wishes to attribute authorised MDQ originally allocated under this clause 5.3.3, to any one or more of its Customers, that Retailer:
(1)	will be liable for any uplift payments which are payable in respect of a trading interval as a result of any one or more of those Customers withdrawing gas in that trading interval in excess of the authorised MDQ attributed to that Customer; or
(2)	may agree with VENCorp that to the extent that any one or more of that Retailer’s Customers who withdraw gas using that authorised MDQ exceed the amount of authorised MDQ attributed to them in any trading interval, neither the Retailer nor those Customers will be liable for payment of uplift payments if those Customers’ aggregate withdrawals of gas are below the aggregate amount of authorised MDQ held by that Retailer which was originally allocated under this clause 5.3.3.
(g)	VENCorp may agree under clause 5.3.3(f)(2) to allow a Retailer who attributes authorised MDQ originally allocated under clause 5.3.3 to withdrawals of gas made by any one or more of its Customers, to aggregate withdrawals of gas made by those Customers in respect of that attributed authorised MDQ if, in VENCorp’s reasonable opinion, that alternative is more practicable, taking into consideration the feasibility and complexity of determining the extent to which a Customer withdraws gas in excess of the authorised MDQ attributed to that Customer.
5.3.4	Subsequent allocations and deemed allocations of authorised MDQ - other circumstances
(a)	A Customer who withdraws gas at a tariff V withdrawal point is deemed to be allocated authorised MDQ to the extent of all withdrawals of gas by that Customer at that tariff V withdrawal point.
(b)	If a Customer who has an authorised MDQ in respect of withdrawals of gas by that Customer at a tariff V withdrawal point becomes (without changing its location) a Customer who withdraws gas at a tariff D withdrawal point, VENCorp is to set the authorised MDQ of that Customer in a manner which, in VENCorp’s reasonable opinion, is fair and equitable.
(c)	A Customer who proposes to inject a quantity of gas into the transmission system at a system injection point other than one located in Longford may request VENCorp to allocate to it authorised MDQ in respect of a delivery point or delivery points and, if VENCorp determines there is sufficient capacity available within the transmission system to accommodate that request, VENCorp must allocate authorised MDQ to that Customer in accordance with the request, subject to such conditions as VENCorp reasonably determines.
(d)	Where there is available capacity on a pipeline up to the level described in the service envelope agreement in respect of which VENCorp has not allocated authorised MDQ, VENCorp must allocate authorised MDQ up to that available capacity to any Customer or prospective Customer who seeks an allocation of authorised MDQ in respect of a delivery point, in accordance with this clause 5.3.4.
(e)	VENCorp must allocate authorised MDQ under clause 5.3.4(d) as follows:
(1)	if there is sufficient available authorised MDQ to satisfy the requirements of all Customers or prospective Customers who have requested an allocation of authorised MDQ, VENCorp must allocate the available authorised MDQ to each of those Customers or prospective Customers in respect of a delivery point at which each of those Customers or prospective Customers withdraws gas, in accordance with their requirements; and 
(2)	if there is insufficient available authorised MDQ to satisfy the requirements of all Customers or prospective Customers who have requested an allocation of authorised MDQ, VENCorp must conduct an auction amongst all Customers or prospective Customers from whom VENCorp has received requests for authorised MDQ and allocate the available authorised MDQ to the Customer or prospective Customer who offers the highest amount for that authorised MDQ and that allocation of authorised MDQ will be effective in respect of a delivery point at which that Customer or prospective Customer withdraws gas.
(f)	VENCorp may develop procedures pursuant to which it will allocate available authorised MDQ under clause 5.3.4(d).
(g)	All monies received by VENCorp from an auction conducted in accordance with clause 5.3.4(e) are to be used by VENCorp to offset its costs for the next financial year calculated in accordance with the Tariff Order. 
(h)	This clause 5.3.4, and the principles and procedures VENCorp develops and applies to effect an allocation of available authorised MDQ, comprise the queuing policy of VENCorp as required under the Access Code.
5.3.5	Trading authorised MDQ
(a)	An allocation of authorised MDQ received under clause 5.3.2 or 5.3.4 is valid only for withdrawals of gas made at the delivery point in respect of which it was first allocated.
(b)	If a person who has received authorised MDQ originally allocated under clause 5.3.3 wishes to transfer that authorised MDQ to another person who will withdraw certain quantities of gas at a delivery point, VENCorp must advise each of those persons of the amount of authorised MDQ which will be attributed to the transferee for withdrawals of gas by that transferee at that delivery point.
5.3.6	Loss of authorised MDQ
If a person to whom authorised MDQ has been allocated under clause 5.3.2 or 5.3.4 is disconnected from the transmission system or a distribution pipeline, that person’s entitlement to the authorised MDQ which was allocated to it in respect of the delivery point from which it has been disconnected, will revert to VENCorp for reallocation to other persons in accordance with clause 5.3.4. 

5.4	CONFIDENTIALITY

5.4.1	Confidentiality
(a)	Each Participant and VENCorp must keep confidential any confidential information which comes into the possession or control of that Participant or VENCorp of which the Participant or VENCorp (as the case may be) becomes aware.
(b)	A Participant and VENCorp:
(1)	must not disclose confidential information to any person except as permitted by these Rules;
(2)	must only use or reproduce confidential information for the purpose for which it was disclosed or another purpose contemplated by these Rules; and
(3)	must not permit unauthorised persons to have access to confidential information.
(c)	Each Participant and VENCorp must use all reasonable endeavours:
(1)	to prevent unauthorised access to confidential information which is in the possession or control of that Participant or VENCorp (as the case may be); and
(2)	to ensure that any person to whom it discloses confidential information observes the provisions of this clause 5.4 in relation to that information.
(d)	Without limiting the provisions of clauses 5.4.1(a), (b) and (c), each Participant which is a Distributor must not disclose confidential information relating to a Retailer which is not a related body corporate of that Distributor to a Retailer which is a related body corporate of the Distributor.
5.4.2	Exceptions
This clause 5.4 does not prevent:
(a)	the disclosure, use or reproduction of information if the relevant information is at the time generally and publicly available other than as a result of breach of confidence by the Participant or VENCorp who wishes to disclose, use or reproduce the information or any person to whom the Participant or VENCorp (as the case may be) has disclosed the information;
(b)	the disclosure of information by a Participant or VENCorp or by persons to whom the Participant or VENCorp (as the case may be) has disclosed that information to:
(1)	an employee or officer of the Participant or a related body corporate (other than a related body corporate of the Retailer) of the Participant; or
(2)	a legal or other professional adviser, auditor or other consultant of the Participant or VENCorp (as the case may be),
which requires the information for the purposes of these Rules, or for the purpose of advising the Participant or VENCorp in relation these Rules;
(c)	the disclosure, use or reproduction of information with the consent of the person or persons who provided the relevant information under these Rules;
(d)	the disclosure, use or reproduction of information to the extent required by law or by a lawful requirement of:
(1)	any government authority having jurisdiction over a Participant or VENCorp or its related bodies corporate; or
(2)	any stock exchange having jurisdiction over a Participant or VENCorp or its related bodies corporate;
(e)	the disclosure, use or reproduction of information if required in connection with legal proceedings, arbitration, expert determination or other dispute resolution mechanism relating to these Rules, or for the purpose of advising a person in relation thereto;
(f)	the disclosure, use or reproduction of information which is trivial in nature;
(g)	the disclosure of information which is required to protect the safety of personnel or equipment;
(h)	the disclosure, use or reproduction of information by or on behalf of a Participant or VENCorp to the extent reasonably required in connection with the Participant's or VENCorp’s financing arrangements (as the case may be), investment in a Participant or a disposal of a Participant's assets;
(i)	the disclosure of information to the Regulator or any other regulatory authority having jurisdiction over a Participant, pursuant to these Rules or otherwise;
(j)	the disclosure, use or reproduction of information of an historical nature in connection with the preparation and giving of reports under these Rules; or
(k)	the disclosure, use or reproduction of information as an unidentifiable component of an aggregate sum.
5.4.3	Conditions
In the case of a disclosure under clause 5.4.2(b), 5.4.2(e) or 5.4.2(h) prior to making the disclosure the Participant or VENCorp (as the case may be) who wishes to make the disclosure must inform the proposed recipient of the information that it is confidential information and must take appropriate precautions to ensure that the recipient keeps the information confidential in accordance with the provisions of this clause 5.4 and does not use the information for any purpose other than that permitted under clause 5.4.1.
5.4.4	Indemnity to VENCorp
Each Participant indemnifies VENCorp against any claim, action, damage, loss, liability, expense or outgoing which VENCorp pays, suffers, incurs or is liable for in respect of any breach by that Participant or any officer, agent or employee of that Participant of this clause 5.4.
5.4.5	Survival
Notwithstanding any other provision of these Rules, a person must continue to comply with this clause 5.4 for three years after it has ceased to be a Participant.
5.4.6	VENCorp information
VENCorp must develop and, to the extent practicable, implement a policy:
(a)	to protect information which it acquires pursuant to the VENCorp functions from use or access which is contrary to the provisions of these Rules; 
(b)	to protect information which is commercially sensitive from use or access by members of the board of directors of VENCorp who are officers, directors or employees of a Participant; and
(c)	to disseminate such information in accordance with its rights, powers and obligations in a manner which promotes the orderly operation of the market.

CHAPTER 6.	INTERVENTION AND MARKET SUSPENSION

6.1	OVERVIEW

6.1.1	Scope of chapter 6
This chapter 6 sets out the rules which determine:
(a)	the procedures which must be established by VENCorp and Participants to ensure that they are able to take all necessary actions in an emergency;
(b)	the procedures to be followed by VENCorp and Participants in an emergency;
(c)	the procedures which are to take effect in the event of a threat to system security;
(d)	the circumstances and manner in which VENCorp may intervene or suspend the market; and
(e)	the manner in which Participants will be compensated following intervention in or suspension of the market  by VENCorp.
6.1.2	Preparation and responses
(a)	VENCorp is responsible for giving directions and co-ordinating the actions which are to be taken by Participants when: 
(1)	there is an emergency;
(2)	there is a threat to system security;
(3)	there is an event of force majeure; or
(4)	the market is suspended. 
(b)	Participants acknowledge that:
(1)	the conveyance of gas through the transmission system involves risks to public safety and property and therefore that the provisions of this chapter 6 are appropriate and reasonable;
(2)	in an emergency their business interests will be subordinate to the need for VENCorp to implement emergency procedures in accordance with clause 6.2.2 and to make declarations and issue emergency directions under clause 6.5; and
(3)	in an emergency, VENCorp may issue emergency directions and require gas injections to be made into, or withdrawals of gas to be taken from, the transmission system to be varied in accordance with this chapter 6 even though those injections or withdrawals are not made in accordance with the remainder of these Rules.
6.1.3	Liability and discretion of VENCorp
(a)	No conduct by VENCorp or a Participant:
(1)	in the event of:
(A)	a threat to system security; or 
(B)	an emergency; or
(C)	an event of force majeure; or
(D)	suspension of the market;
(2)	in compliance with emergency procedures; or 
(3)	in accordance with this chapter 6, 
will constitute a breach of the remainder of these Rules or the Access Code or the access arrangement of any Pipeline Owner, and in particular VENCorp will not be liable for any loss incurred by a Participant as a result of any action taken by VENCorp under this chapter 6.
(b)	Nothing in this chapter 6 is to be taken to limit the ability of VENCorp to take any action or procedure under this chapter 6 which VENCorp considers in its absolute discretion to be necessary to protect the public or property.

6.2	EMERGENCIES

6.2.1	Emergency
(a)	An emergency will be deemed to occur when:
(1)	VENCorp reasonably believes there to be a situation which may:
(A)	threaten the personal safety of any person;
(B)	cause material damage to the transmission system; 
(C)	cause material damage to a distribution pipeline and impact on the operation of the transmission system or the market;
(D)	cause material damage to any property, plant or equipment; or
(E)	constitute a threat to system security,
and VENCorp in its absolute discretion considers that the situation is an emergency and declares there to be an emergency; or
(2)	the Governor in Council or the Minister proclaims or declares there to be an emergency under Part 6A of the Gas Industry Act; or
(3)	the Office of Gas Safety issues a direction under section 149 of the Gas Industry Act.
(b)	An escape of gas is not itself an emergency but an escape of gas may be a circumstance which gives rise to an emergency.
(c)	A Participant must notify VENCorp as soon as practicable of:
(1)	any event or situation of which the Participant becomes aware where, in the reasonable opinion of the Participant, that event or situation is of a kind described in clause 6.2.1(a)(1); and
(2)	any action taken by the Participant under its safety plan and safety procedures or otherwise in response to that event or situation.
(d)	VENCorp may specify procedures from time to time for communicating to Participants the existence of an emergency and all relevant information relating to the emergency.
(e)	Subject to clause 6.2.1(f), the existence of an emergency under clause 6.2.1(a)(1) will be determined by VENCorp in its absolute discretion, irrespective of the cause of the emergency, and whether VENCorp or any other person has caused or contributed to the emergency.
(f)	Notwithstanding any other provision of this clause 6.2, Participants and VENCorp acknowledge that the Office of Gas Safety may give directions which override an emergency direction given by VENCorp.
(g)	Each Participant must use its best endeavours to ensure that its safety plan (if any) permits it to comply with emergency directions.
(h)	An emergency will continue until such time as VENCorp determines that the emergency has ended.
(i)	When an emergency has ended in accordance with clause 6.2.1(h), VENCorp must notify all Participants that the emergency has ended.
6.2.2	Emergency procedures
(a)	Emergency procedures are the procedures to be taken by or at the direction of VENCorp to:
(1)	re-establish system security;
(2)	avert or reduce the scale of an emergency;
(3)	reduce the probability or probable scale of an emergency;
(4)	prepare for the occurrence of an emergency; and
(5)	restore gas supply and normal operation of the transmission system in the event of an emergency.
(b)	Emergency procedures may require a Participant to take action, or not to take action, in accordance with emergency directions given by VENCorp. 
(c)	Subject to clause 6.2.2(d), VENCorp must, in consultation with the Minister, the Office of Gas Safety and Participants:
(1)	prepare; and
(2)	review from time to time,
a document which sets out the emergency procedures.
(d)	VENCorp must ensure that to the extent that the emergency procedures may affect Participants or require Participants to take or refrain from taking certain actions, the emergency procedures developed and reviewed by VENCorp under clause 6.2.2(c) are consistent with the safety plans of Participants.
(e)	VENCorp must make available the emergency procedures to each Participant within seven days after each occasion on which the emergency procedures have been updated.

6.3	Emergency Planning by Participants

6.3.1	Participant emergency contacts
(a)	Each Participant must provide VENCorp with:
(1)	a single telephone number and facsimile number at which a representative of the Participant is contactable by VENCorp, 24 hours a day; and
(2)	the name and title of the Participant's representative who is contactable at those numbers. 
(b)	The representative of each Participant must be a person having appropriate authority and responsibility within the Participant's organisation to act as the primary contact for VENCorp in the event of an emergency.
(c)	Each Participant must immediately notify VENCorp of a change to the details required under clause 6.3.1(a) and where possible in advance.
6.3.2	Participant procedures
(a)	To the extent that:
(1)	a Participant is not required to have its own safety plan; or
(2)	a Participant’s safety plan does not provide for the Participant to respond to all events and situations included in clause 6.2.1(a),
that Participant must establish and maintain its own internal safety procedures necessary to enable it and, where relevant, its Customers to comply with emergency directions and this chapter 6.
(b)	Each Participant must ensure that the safety procedures it establishes under clause 6.3.2(a) are consistent with the emergency procedures and its safety plan (if any).
6.3.3	Emergency procedures awareness
(a)	Each Participant must at all times ensure that all of its relevant officers and staff and, where relevant, its Customers, are familiar with the emergency procedures and the Participant’s safety procedures.
(b)	For the purposes of clause 6.3.3(a), relevant officers and staff are those whose functions or areas of responsibility are such that they are likely to be required to make decisions or take action in an emergency.

6.4	EMERGENCY CURTAILMENT OF CUSTOMERS

6.4.1	Distribution Customers - curtailment information
(a)	Subject always to the requirement that a Distributor must use its best endeavours to provide information to VENCorp under this clause 6.4.1 in a way that does not reveal the identity of a Customer, each Distributor must provide information to VENCorp in accordance with clause 6.4.1(b), for each transfer point relating to that Distributor’s distribution pipelines, by no later than the commencement date and thereafter by no later than 28 February in each year.
(b)	Unless otherwise agreed by VENCorp, the list provided to VENCorp under clause 6.4.1(a) must set out for each transfer point referred to in clause 6.4.1(a):
(1)	the system withdrawal zone in which that transfer point is located; 
(2)	the name and address of the Distributor on whose distribution pipeline that transfer point is located;
(3)	a single telephone number and facsimile number at which one or more representatives of the Distributor having appropriate authority and responsibility within the Distributor's organisation to act as the primary contact for VENCorp in the event of an emergency, are contactable by VENCorp, 24 hours a day and the name and title of those representatives of the Distributor who are contactable at those numbers;
(4)	the number of Distribution Customers which withdraw gas from any distribution delivery point on the Distributor’s distribution pipelines after that gas has passed through each of those transfer points;
(5)	the aggregate size of demand of all Distribution Customers represented by that transfer point;
(6)	the type of demand of all Distribution Customers represented by that transfer point; and
(7)	the time it would take to implement curtailment in respect of the Distribution Customers represented by that transfer point.
(c)	Each Distributor must immediately notify VENCorp of a change to the details required under clause 6.4.1(b) and where possible in advance.
6.4.2	Transmission Customers - curtailment information
(a)	By no later than the commencement date and thereafter by no later than 28 February in each year, each Transmission Customer must provide to VENCorp the information set out in clause 6.4.2(b) and if that Transmission Customer is not a Market Customer, then the Transmission Customer must arrange for the Retailer from whom it purchases gas to provide that information on its behalf.
(b)	The information to be provided to VENCorp under clause 6.4.2(a) must set out:
(1)	the name and address of the Transmission Customer;
(2)	a single telephone number and facsimile number at which a representative of the Transmission Customer is contactable by VENCorp, 24 hours a day;
(3)	the name and title of the Transmission Customer’s representative who is contactable at those numbers and is a person having appropriate authority and responsibility within the Transmission Customer’s organisation to act as the primary contact for VENCorp in the event of an emergency;
(4)	the system withdrawal zone in which that transmission delivery point is located;
(5)	the maximum daily and hourly quantity of the Transmission Customer;
(6)	the type of demand of the Transmission Customer;
(7)	the time it would take to implement curtailment in respect of that Transmission Customer; and
(8)	the minimum required pressure at the transmission delivery point.
(c)	The person responsible for providing the information to VENCorp under clause 6.4.2(a) must immediately notify VENCorp of a change to the details required under clause 6.4.2(b) and where possible in advance.
6.4.3	Emergency curtailment list
(a)	Subject to clause 6.4.3(d) VENCorp must, by the end of March in each year prepare an emergency curtailment list which:
(1)	is to be based on the information received from Distributors under clause 6.4.1;
(2)	is to incorporate the information provided to VENCorp by or on behalf of each Transmission Customer under clause 6.4.2 in respect of the transmission delivery points at which those Transmission Customers withdraw gas; and
(3)	must set out, by system withdrawal zone, the order in which the supply of gas to Customers, including Transmission Customers, will be curtailed.
(b)	VENCorp must make available to each Distributor and Transmission Customer a document which sets out categories of Customers in the order in which each of those categories of Customers would be curtailed in an emergency.
(c)	VENCorp must keep all Customers, including Transmission Customers, informed of any changes made to the document made available under clause 6.4.3(b).
(d)	VENCorp must at all times ensure that it does not release any information or document under this clause 6.4 which reveals the demand for or consumption of gas by any Customer.

6.5	RESPONSE TO AN EMERGENCY

6.5.1	Declarations and directions in an emergency
(a)	When an emergency arises, VENCorp must: 
(1)	inform the Office of Gas Safety, if VENCorp reasonably anticipates that the emergency may have implications for safety;
(2)	inform Participants, as soon as reasonably practicable, of the commencement, nature, extent and expected duration of the emergency and the way in which VENCorp reasonably anticipates it will act in response to the emergency; and 
(3)	keep Participants informed of any material changes in the nature, extent and expected duration of an emergency.
(b)	Upon being informed of an emergency, each Participant must advise all relevant officers and staff (as defined in clause 6.3.3(b)) and, where relevant, its Customers, of the existence and nature of the emergency.
(c)	During an emergency:
(1)	VENCorp may, subject to clause 6.6.4(a), issue such emergency directions as it reasonably considers necessary: 
(A)	in accordance with the emergency procedures; and
(B)	if the Minister and/or Office of Gas Safety direct or agree, other than in accordance with the emergency procedures; and
(2)	each Participant must, subject to clause 6.5.1(e):
(A)	comply with its safety plan (if any), safety procedures (if any), the emergency procedures applicable to the Participant in the circumstances, this chapter 6, and all emergency directions given by VENCorp;
(B)	comply with the requirements of clauses 6.5.2 and 6.5.3 in relation to the injection and withdrawal of gas to and from the transmission system; and 
(C)	cooperate with VENCorp to enable VENCorp to implement the emergency procedures.
(d)	Where relevant, a Participant must use its reasonable endeavours to ensure that during an emergency, its Customers act in a manner which enables that Participant to comply with all its obligations under this chapter 6.
(e)	Where there is any conflict between:
(1)	the requirements of a Participant’s safety procedures;
(2)	the emergency procedures applicable to the Participant in the circumstances;
(3)	this chapter 6; and
(4)	an emergency direction given by VENCorp,
VENCorp must decide which of those requirements or part of those requirements is to prevail.
6.5.2	Injection controls
(a)	In an emergency, VENCorp may in its absolute discretion issue an emergency direction requiring one or more Participants to:
(1)	keep VENCorp informed of the maximum and minimum rates at which, and/or quantities in which, gas can be injected into the transmission system by the Participant at all relevant system injection points at such times or over such periods as VENCorp may specify; and 
(2)	take all steps available to the Participant to increase the maximum rates and/or quantities, or decrease the minimum rates and/or quantities, referred to in clause 6.5.2(a)(1), including but not limited to the deferral of maintenance or other works.
(b)	In an emergency, each Participant must comply with all emergency directions given by VENCorp to inject gas into the transmission system in such quantities and at such rates as VENCorp may specify, within the minimum and maximum quantities or rates which are available to the Participant, irrespective of the commercial terms of those supplies, and irrespective of the quantities of gas being withdrawn from the transmission system by the Participant at that time.
(c)	For a period of up to and including two years from the commencement date, VENCorp may make contractual arrangements with persons who are not Participants pursuant to which those persons will inject gas into the transmission system in an emergency, providing that the contract price of such gas must not exceed VoLL. 
(d)	Subject to clause 6.5.2(c), where VENCorp makes an arrangement under clause 6.5.2(c) with a person with whom a Participant has contracted to purchase gas, the following provisions apply to ensure that quantities of gas injected are treated as injected under that contract (insofar as those quantities of gas are capable of being treated as injected under that contract):
(1)	VENCorp agrees that it enters into the arrangement with the non-Participant as agent of the Participant, but VENCorp will not be liable to the non-Participant under the contract;
(2)	each Participant appoints VENCorp as agent for the purposes of this clause 6.5.2(d) and authorises VENCorp to notify the non-Participant of the appointment; and
(3)	the amount which VENCorp is required to pay the non-Participant in respect of an injection called under this clause 6.5.2 is the greater of:
(A)	the applicable market price during the trading intervals in which that non-Participant injected gas; and
(B)	the amount payable by VENCorp to that non-Participant in respect of the gas it has injected in accordance with the contract.
(e)	Subject to clause 6.5.2(c), to the extent that the market price applicable during any trading interval in which the non-Participant injected gas is lower than the amount payable by VENCorp to the non-Participant under the contract, the shortfall is to be paid to VENCorp by Market Participants who withdrew gas in those trading intervals as though the compensation panel has determined that compensation is payable to that non-Participant and the compensation payable is to be calculated in accordance with clause 3.6.6(b).
6.5.3	Withdrawal controls
(a)	In an emergency, VENCorp may in its absolute discretion issue an emergency direction requiring one or more Participants to:
(1)	keep VENCorp informed of the maximum and minimum rates at which, and/or quantities in which, gas can be withdrawn from the transmission system by the Participant at all relevant system withdrawal points at such times or over such periods as VENCorp may specify; and 
(2)	take all steps available to the Participant to increase the maximum rates and/or quantities, or decrease the minimum rates and/or quantities, referred to in clause 6.5.3(a)(1), including but not limited to the deferral of maintenance or other works.
(b)	In an emergency, each Participant must comply with all emergency directions given by VENCorp to withdraw gas from the transmission system in such quantities and at such rates as VENCorp may specify, within the minimum and maximum quantities or rates which are available to the Participant, irrespective of the commercial terms of those supplies, and irrespective of the quantities of gas being injected into the transmission system by the Participant at that time.
(c)	For a period of up to and including two years from the commencement date, VENCorp may make contractual arrangements with persons who are not Participants pursuant to which those persons will withdraw gas from the transmission system in an emergency, providing that the contract price of such gas must not exceed VoLL. 
(d)	Subject to clause 6.5.3(c), where VENCorp makes an arrangement under clause 6.5.3(c) with a person with whom a Participant has contracted to sell gas, the following provisions apply to ensure that quantities of gas withdrawn are treated as withdrawn under that contract (insofar as those quantities of gas are capable of being treated as withdrawn under that contract):
(1)	VENCorp agrees that it enters into the arrangement with the non-Participant as agent of the Participant, but VENCorp will not be liable to the non-Participant under the contract;
(2)	each Participant appoints VENCorp as agent for the purposes of this clause 6.5.3(d) and authorises VENCorp to notify the non-Participant of the appointment; and
(3)	the amount which a non-Participant is required to pay VENCorp in respect of a withdrawal called under this clause 6.5.3 is the lower of:
(A)	the applicable market price during the trading intervals in which that non-Participant withdrew gas; and
(B)	the amount payable by that non-Participant in respect of the gas it has withdrawn in accordance with the contract.
(e)	Subject to clause 6.5.3(c), to the extent that the market price applicable during any trading interval in which the non-Participant withdrew gas is greater than the amount payable for that gas by the non-Participant under the contract, the shortfall is to be paid to VENCorp by Market Participants who withdrew gas in those trading intervals as though the compensation panel has determined that compensation is payable to that non-Participant and the compensation payable is to be calculated in accordance with clause 3.6.6(b).

6.6	SYSTEM SECURITY THREAT

6.6.1	Notice of threat to system security
(a)	If VENCorp believes that a threat to system security is indicated either by:
(1)	the planning reviews prepared by VENCorp under clause 5.2; or
(2)	a preliminary operating schedule or final operating schedule prepared under clause 3.1.12; or
(3)	any other fact or circumstance of which VENCorp becomes aware,
then it must provide to Participants without delay details of that threat to system security including VENCorp’s estimate of:
(4)	the nature and general magnitude of the threat to system security, including an estimate of the likely duration of the threat to system security and the likely shortfall in gas supplies likely to occur during that period;
(5)	the latest time VENCorp will need to intervene in the market if the threat to system security does not subside without intervention by VENCorp; and
(6)	the system withdrawal zones within the transmission system in which the threat to system security is likely to be located. 
(b)	If VENCorp provides Participants with details under clause 6.6.1(a) regarding a threat to system security, VENCorp may issue a notice requiring each Participant to provide to VENCorp the Participant’s best estimates of the following:
(1)	the ability of that Participant to reschedule planned outages of plant and equipment, including maintenance and other works, which would enable additional injections and/or withdrawals of gas to be made;
(2)	the ability of that Participant to inject off-specification gas into the transmission system;
(3)	the period of notice which that Participant will require before additional injections and withdrawals under clauses 6.6.1(b)(1) and (2) could be made; and
(4)	the costs which that Participant will incur in facilitating or implementing an injection or withdrawal under clauses 6.6.1(b)(1) and (2).
(c)	A Participant must not unreasonably withhold information required by VENCorp under a notice under clause 6.6.1(b) and must provide VENCorp with that information as soon as practicable after it has received a notice from VENCorp under clause 6.6.1(b).
(d)	VENCorp must treat all information provided to it by a Participant under clause 6.6.1(b) as confidential information and may only use that information for the purpose of maintaining or re-establishing system security by issuing directions under clauses 6.6.3 and 6.6.4 or making a decision under clause 6.6.2.
(e)	VENCorp must inform Participants immediately when it reasonably considers a threat to system security to be at an end.
6.6.2	Response to system security threat
(a)	If VENCorp has identified a threat to system security and reasonably considers that sufficient time exists for the threat to subside without intervention, VENCorp must, in accordance with the procedures set out in clause 6.6.3, facilitate a market response to overcome the threat to system security.
(b)	If VENCorp has identified a threat to system security and it does not believe that sufficient time exists for the threat to subside without intervention then VENCorp must take any measures it believes are reasonable and necessary to maintain or restore system security including those set out in clause 6.6.4.
6.6.3	Market response to threat to system security
(a)	If VENCorp believes that sufficient time exists for a threat to system security to subside without intervention, VENCorp must:
(1)	if it has not already done so, provide Participants with the information set out under clause 6.6.1(a);
(2)	advise those Participants who VENCorp considers would be required to take action or cease taking action if the threat to system security is not resolved without intervention, including but not limited to any Market Participants whose inc/dec offers are likely to be scheduled in accordance with a preliminary schedule or final schedule, of the following information:
(A)	the existence of the threat to system security; and
(B)	the likely nature of any requirement of VENCorp if VENCorp determines that it should intervene;
(3)	invite Market Participants to increase the quantity of gas they inject or decrease the quantity of gas they withdraw as specified in inc/dec offers submitted by such Market Participants in accordance with clause 3.1.5 in respect of that trading interval; and
(4)	keep all Market Participants informed of significant changes to the information provided under this clause 6.6.3.
(b)	Participants must comply with all requests and directions issued by VENCorp under this clause 6.6.
6.6.4	Intervention due to system security threat
(a)	If VENCorp believes that insufficient time exists for a threat to system security to subside without intervention, VENCorp must intervene in the market by taking any measures it considers to be reasonable and necessary to overcome the threat to system security, including without limitation: 
(1)	curtailment in accordance with the emergency curtailment list, subject to clause 6.6.4(b);
(2)	injecting gas from VENCorp’s LNG reserve;
(3)	increasing withdrawals;
(4)	requiring any Participant to inject off-specification gas into the transmission system; and
(5)	requiring Participants to do any reasonable act or thing which VENCorp believes necessary in the circumstances.
(b)	In the event of a threat to system security which is attributable to a transmission constraint then to the extent practicable, VENCorp must, prior to curtailing any other Customers, use reasonable endeavours to curtail those Customers who, in VENCorp’s  reasonable opinion, are using in excess of their authorised MDQ.
6.6.5	Compensation of Market Participants in respect of intervention
(a)	Where:
(1)	VENCorp requires a  Market Participant to inject gas; and
(2)	that Market Participant experiences a net auditable financial reduction as a direct result of making that injection,
then that Market Participant may claim compensation from VENCorp in respect of the injection.
(b)	A Market Participant who wishes to make a claim under clause 6.6.5(a) must submit notice of its claim to VENCorp within two business days of the day on which the Market Participant made the injection of gas referred to in clause 6.6.5(a).
(c)	VENCorp must: 
(1)	within five business days of receiving a claim submitted in accordance with this clause, request the Adviser to establish a compensation panel to determine whether it is appropriate in all the circumstances for compensation to be paid and, if so, to determine an appropriate amount of compensation; and
(2)	refer the claim to the Adviser for determination of those issues by the compensation panel.
(d)	The Adviser must:
(1)	within five business days of receiving a request from VENCorp, establish a compensation panel of three members from the group of persons referred to in clause 7.2.2; and 
(2)	be satisfied that the persons it chooses to comprise the compensation panel do not have any interests which could conflict with an impartial decision.
(e)	Upon a referral from VENCorp pursuant to clause 6.6.5(c), the compensation panel must make a determination of the relevant issues and notify VENCorp of that determination as soon as practicable but in any event within twenty business days of the claim being referred to it.
(f)	The compensation panel must:
(1)	conduct itself on the same basis and in accordance with the same timeframes as a dispute resolution panel under clause 7.2.4;
(2)	determine whether any compensation should be paid to the Market Participant to put the Market Participant in the position in which the Market Participant would have been, in respect of the gas injection it made under clause 6.6.5(a), had the direction not been issued by VENCorp; and
(3)	base its determination on its assessment of a fair and reasonable amount of compensation taking into account:
(A)	all the relevant surrounding circumstances;
(B)	the actions of any relevant Participants;
(C)	the market price (if any) applicable in the trading interval in which the injection of gas was made;
(D)	the compensation panel’s reasonable estimate of the market price if the circumstances causing a threat to system security had not existed, taking into account all other factors relevant to an assessment of the expected market price;
(E)	other costs incurred by the Market Participant, where such costs were directly incurred to enable the gas injection to be made; and 
(F)	any difference between the amount of gas injected by the Market Participant under clause 6.6.5(a) determined from metering data and the amount of gas which would have been injected by the Market Participant if VENCorp had not issued the direction.
(g)	If the compensation panel makes a determination that compensation should be paid to the Market Participant, VENCorp must compensate the Market Participant in accordance with the determination of the compensation panel and must include that amount in the next settlement statement to be provided to that Market Participant under clause 3.6.15.

6.7	FORCE MAJEURE AND MARKET SUSPENSION

6.7.1	Administered price cap
After consulting Market Participants, VENCorp must develop, authorise and publish and may from time to time in accordance with the public consultation procedures vary an administered price cap to be used as described in clauses 6.7.2 and 6.7.5.
6.7.2	Force majeure events
(a)	A force majeure event is the occurrence in a trading interval of any one or more of the events or circumstances set out in clause 6.7.2(b) where VENCorp reasonably considers that:
(1)	the event has resulted in a reduction in the normal capacity of part or all of the transmission system and/or the volume of gas which would otherwise normally flow in the transmission system during that trading interval; and
(2)	that reduction is likely to materially affect the operation of the market or materially threaten system security. 
(b)	An event referred to in clause 6.7.2(a) is any of the following events:
(1)	the Governor in Council or the Minister proclaims or declares there to be an emergency under Part 6A of the Gas Industry Act, or any like or analogous event; 
(2)	the Office of Gas Safety issues a direction under section 149 of the Gas Industry Act, or any like or analogous event; or
(3)	an event that is:
(A)	neither anticipated nor controllable by Participants who are affected by the relevant event; and
(B)	restricted to acts of nature, governmental interventions and acts of war, 
or any like or analogous event.
(c)	VENCorp must notify all Market Participants without delay of the occurrence of any force majeure event.
(d)	Participants must use all reasonable endeavours to:
(1)	ensure that they do not cause or exacerbate a force majeure event; and
(2)	mitigate the occurrence and effects of a force majeure event.
(e)	If any force majeure event occurs then VENCorp must declare an administered price period during which the price will be set by VENCorp in accordance with clause 3.2.2.
(f)	Following a declaration by VENCorp of an administered price period in accordance with clause 6.7.2(e), the administered price period is to continue until VENCorp declares the force majeure event and the administered price period to be at an end and notifies all Market Participants accordingly.
6.7.3	Conditions for suspension of the market
(a)	Subject to clause 6.7.3(b), VENCorp may declare the market to be suspended when:
(1)	a force majeure event occurs;
(2)	an emergency occurs;
(3)	VENCorp has been directed by a government authority to suspend the market or operate all or part of the transmission system in a manner contrary to the provisions of these Rules following the formal declaration by that government authority of a state of emergency under emergency services or other legislation; or
(4)	VENCorp determines that it is necessary to suspend the market because it has become impossible to operate the market in accordance with the provisions of these Rules; and 
(b)	VENCorp must not suspend the market solely because:
(1)	the market price has reached VoLL;
(2)	VENCorp has issued an emergency direction; or
(3)	VENCorp has intervened in the market due to a threat to system security under clause 6.6.
6.7.4	Declaration of market suspension
(a)	The market can only be suspended by a declaration by VENCorp under clause 6.7.3(a) and if the market is suspended, VENCorp must notify all Participants without delay.
(b)	Subject to clause 6.7.4(c), VENCorp must not declare the market to be suspended with retrospective effect.
(c)	The market is to be deemed to be suspended at the start of the trading interval in which VENCorp makes a declaration that the market is suspended.
(d)	Following a declaration by VENCorp under clause 6.7.3(a), the market is to remain suspended until VENCorp declares and notifies all Participants that market operation is to resume.
(e)	A notification to Participants under clause 6.7.4(d) that market operation is to resume must include the time at which market operation is to resume.
(f)	Notwithstanding a suspension of the market, VENCorp may issue emergency directions to Participants in accordance with clause 6.5; and
(g)	If VENCorp declares that the market is suspended, market prices are to be set by VENCorp in accordance with clause 6.7.5.
6.7.5	Effect of market suspension
(a)	The market price during a trading interval for which VENCorp has declared the market to be suspended is to be determined by VENCorp in accordance with clause 3.2.2.
(b)	During a trading interval in which the market is suspended, these Rules will continue to apply with such modifications as VENCorp reasonably determines to be necessary, taking into consideration the circumstances and conditions giving rise to the decision by VENCorp to suspend the market.
6.7.6	Compensation due to the application of an administered price cap
(a)	Participants may claim compensation from VENCorp in respect of gas injected into the transmission system if, due to the application of an administered price cap during either an administered price period or a period in which the market is suspended, the resultant market price payable to that Participant in any trading interval is less than the price specified in their injection inc/dec offer for that trading interval.
(b)	Notification of an intent to make a claim under clause 6.7.6(a) must be submitted to VENCorp within two business days of notification by VENCorp that an administered price period has ended or that the market is no longer suspended.
(c)	VENCorp must 
(1)	within five business days of receiving a claim submitted in accordance with this clause, request the Adviser to establish a compensation panel to determine whether it is appropriate in all the circumstances for compensation to be paid and, if so, to determine an appropriate amount of compensation; and
(2)	refer the claim to the Adviser for determination of those issues by the compensation panel.
(d)	The Adviser must:
(1)	within five business days of receiving a request from VENCorp, establish a compensation panel of three members from the group of persons referred to in clause 7.2.2; and 
(2)	be satisfied that the persons it choses to comprise the compensation panel do not have any interests which could conflict with an impartial determination.
(e)	Upon a referral from VENCorp pursuant to clause 6.7.6(c), the compensation panel must make a determination of the relevant issues and notify VENCorp of that determination as soon as practicable but in any event within twenty business days of the claim being referred to it.
(f)	The compensation panel must:
(1)	conduct itself on the same basis and in accordance with the same timeframes as a dispute resolution panel under clause 7.2.4;
(2)	determine whether any compensation should be paid to the Market Participant to put the Market Participant in the position that the Market Participant would have been in, in respect of the gas injection referred to in clause 6.7.6(a), had the administered price cap not applied; and
(3)	base its recommendations on its assessment of a fair and reasonable amount of compensation taking into account:
(A)	all the relevant surrounding circumstances;
(B)	the actions of any relevant Participants; and
(C)	the difference between the market price applicable due to the application of the administered price cap and the price specified by the Participant in its injection inc/dec offer.
(g)	If the compensation panel makes a determination that compensation should be paid to the Market Participant, VENCorp must compensate the Market Participant in accordance with the determination of the compensation panel and must include that amount in the next settlement statement to be provided to that Market Participant under clause 3.6.
6.7.7	Intervention reports
(a)	Within ten business days after one or more of the following events: 
(1)	an intervention in the market by VENCorp;
(2)	an event which, in VENCorp’s reasonable opinion, is or may be a threat to system security;
(3)	a force majeure event; or
(4)	an emergency,
VENCorp must investigate the circumstances of that event and prepare a report to assess:
(5)	the adequacy of the provisions of these Rules relevant to the event or events which occurred;
(6)	the appropriateness of actions taken by VENCorp in relation to the event or events which occurred; and
(7)	the costs incurred by VENCorp and/or Participants as a consequence of responding to the event or events.
(b)	A copy of the report prepared under clause 6.7.7(a) must be provided to:
(1)	the Regulator on completion of the report; and
(2)	Participants and interested persons on request.

6.8	Review of Chapter 6

6.8.1	Timing of review
VENCorp must, within:
(a)	eighty business days of the third occurrence in any two year period of an event requiring VENCorp to direct the market to be suspended under clause 6.7.3; or
(b)	five years from the commencement date,
whichever is the earlier, conduct a review of chapter 6 of these Rules in accordance with this clause 6.8.
6.8.2	Terms of reference
The terms of reference for the review to be performed by VENCorp under this clause 6.8 are to be developed by VENCorp in consultation with the Regulator and must incorporate, but are not to be limited to, the adequacy and appropriateness of:
(a)	the provisions of chapter 6; or
(b)	any alternative provisions to those in chapter 6,
in satisfying and facilitating the achievement of the market objectives.
6.8.3	Process of review
The review performed by VENCorp under this clause 6.8 is to be conducted in accordance with the public consultation procedures.

6.9	EMERGENCY LEGISLATION

6.9.1	Part 6A Gas Industry Act
For the avoidance of doubt, nothing in clause 6 affects the application of Division 2A of Part 2, Part 6A of the Gas Industry Act or any other like or analogous applicable emergency laws.

CHAPTER 7.	ENFORCEMENT AND DISPUTES

7.1	ENFORCEMENT

7.1.1	Investigations
(a)	VENCorp may request a Participant to supply VENCorp with information relating to any matter concerning these Rules in such form, covering such matters and within such reasonable time as VENCorp may request.
(b)	If VENCorp makes a request for information under clause 7.1.1(a), it must provide to the Participant to whom the request is made the reasons for the request.
(c)	Notwithstanding that a Participant may disagree with the reasons for the request provided by VENCorp under clause 7.1.1(b), a Participant must comply with a request made by VENCorp under clause 7.1.1(a).
(d)	If a Participant fails to comply with a request by VENCorp for information under clause 7.1.1(a), VENCorp may appoint a person to investigate the matter and to prepare a report or such other documentation as VENCorp may determine.
(e)	A Participant must assist the person to undertake the investigation and to prepare the report or other documentation under clause 7.1.1(d) and must, at the request of the person appointed, use its best endeavours to procure that third parties make available such information as the person may reasonably require.
(f)	The cost of the investigation and of preparing the report or other documentation under clause 7.1.1(d) must be met by the Participant requested to supply the information under clause 7.1.1(a) unless VENCorp otherwise determines.
(g)	Any report or other documentation referred to in this clause 7.1.1 may be used in any proceeding under or in relation to these Rules or for the purpose of commencing any such proceeding. 
7.1.2	Procedures concerning alleged breaches of the Code
(a)	If VENCorp considers that:
(1)	a Participant may have breached or may be breaching these Rules; and
(2)	in the circumstances and if the breach is established, it would be appropriate that a sanction or sanctions be imposed on that Participant,
VENCorp must:
(3)	notify the Participant of the alleged breach and details of the sanctions which may be imposed if the breach is established; and
(4)	notwithstanding clause 5.4, notify the Regulator of the alleged breach and provide to the Regulator any information relevant to the alleged breach as is known to VENCorp.
(b)	If the breach is of a nature that VENCorp may make a demand for payment under these Rules, VENCorp may make such demand.
(c)	Notwithstanding a Participant’s right to bring to the attention of the Regulator directly any alleged breach of these Rules, if VENCorp receives written information from a Participant or any other person which alleges a breach of these Rules by a Participant, VENCorp must within five business days of receipt of the information:
(1)	determine whether, based on that information, there would appear prima facie to be a breach of these Rules; and
(2)	notify the person making the allegation as to whether VENCorp has referred or proposes to refer the matter to the Regulator.
7.1.3	Sanctions
(a)	The nature of sanctions which may be imposed under these Rules are set out in the Gas Industry Act and any regulations made under the Gas Industry Act.
(b)	The classification of certain provisions of these Rules as civil penalty provisions is set out in regulations made under the Gas Industry Act;
(c)	The classification of certain provisions of these Rules as:
(1)	regulatory provisions; or
(2)	conduct provisions,
is set out in schedule 7.1 and, in accordance with the Gas Industry Act, this classification is to be used to determine the sanction applicable to a breach of any such provision of these Rules.
7.1.4	Actions by agents, employees or officers of Participants
If any partner, agent, officer or employee of a Participant does any act or refrains from doing any act which if done or not done (as the case may be) by a Participant would constitute a breach of these Rules, that act or omission is to be deemed for the purposes of this clause 7.1 to be the act or omission of the Participant.
7.1.5	Publication 
Subject to clause 5.4, VENCorp must publish a report at least once every six months setting out a summary for the period covered by the report of all decisions made by VENCorp during that period in relation to enforcement of these Rules.

7.2	DISPUTE RESOLUTION

7.2.1	Application and guiding principles
(a)	The dispute resolution procedures set out in this clause 7.2 apply to all disputes which may arise between any of the following: 
(1)	VENCorp;
(2)	Participants;
(3)	Connection Applicants;
(4)	responsible persons and persons who are able to satisfy VENCorp that they have a bona fide intention to become a responsible person; and
(5)	persons who have been appointed by VENCorp under clause 4.4.20(b) as a metering database agent;
as to:
(6)	the application or interpretation of these Rules; or
(7)	a dispute under or in relation to a contract between two or more persons referred to in clauses 7.2.1(a)(1), (2), (3), (4) and (5) where that contract provides that the dispute resolution procedures under these Rules are to apply to any dispute under or in relation to that contract with respect to the application of these Rules; or
(8)	the failure of a person referred to in clauses 7.2.1(a)(1), (2), (3), (4) or (5) to take action other than in accordance with these Rules; or 
(9)	a dispute concerning a proposed connection agreement; or
(10)	the payment of moneys under or concerning any obligation under these Rules,
and for the avoidance of doubt, the dispute resolution procedures set out in this clause 7.2 apply to disputes between two or more persons from and within each of the categories set out in clauses 7.2.1(a)(1), (2), (3), (4) and (5).
(b)	Subject to clause 7.2.1(c), where a dispute of a kind set out in clause 7.2.1(a) arises, the parties concerned must comply with the procedures set out in clauses 7.2.3 to 7.2.13 before pursuing any other dispute resolution mechanism, including but not limited to court action in relation to the dispute.
(c)	If the parties to a dispute cannot agree that:
(1)	the matter in dispute is one to which any of the matters set out in clause 7.2.1(a) apply; and
(2)	the matter in dispute would more appropriately be dealt with in accordance with the dispute resolution procedures under another regulatory instrument to which one or both parties are subject,
a party must apply in writing to the Regulator for a decision as to which dispute resolution procedures apply to the dispute and give notice to the other party.
(d)	If the Regulator receives an application under clause 7.2.1(c), the Regulator must decide, within ten business days of receiving the application, whether the dispute would more appropriately be dealt with under dispute resolution procedures applicable under an applicable regulatory instrument other than these Rules and in making its decision, the Regulator must:
(1)	decide whether the matter in dispute is relevant to any other applicable regulatory instrument including but not limited to the Access Code; and
(2)	direct the parties to comply with the dispute resolution procedures under the Access Code if the matter in dispute is, in the reasonable opinion of the Regulator, a matter relating to access to services provided by a Participant to which the Access Code applies.
(e)	If the Regulator receives an application under clause 7.2.1(c), but does not make a decision under clause 7.2.1(d) within ten business days of receiving the application, the determination of whether the dispute is one to which this clause 7.2 applies is to be made in accordance with the dispute resolution procedures set out in this clause 7.2.
(f)	Subject to clause 7.2.1(d), the Regulator is not otherwise bound to require the parties to a dispute to adopt any dispute resolution process in favour of any other dispute resolution process.
(g)	The parties must comply with a decision of the Regulator under clause 7.2.1(d) and the decision of the Regulator is final.
7.2.2	Appointment of Adviser and panel group
(a)	VENCorp must appoint a person from time to time to be the Adviser:
(1)	for a term of three years (subject to clause 7.2.2(d)) and the Adviser is then eligible for reappointment;
(2)	on such other terms and conditions as VENCorp may determine; and
(3)	who must satisfy the criteria set out in clause 7.2.2(b).
(b)	The Adviser must, in the reasonable opinion of VENCorp, not be a Participant or have a current material association, directly or indirectly, with a Participant.
(c)	In appointing the Adviser, VENCorp must have regard to the extent to which the Adviser:
(1)	has a detailed understanding and experience of alternative dispute resolution practice and procedures which do not involve litigation;
(2)	has the capacity to determine the most appropriate alternative dispute resolution procedures in particular circumstances; and
(3)	has an understanding of the gas industry.
(d)	If the Adviser does not, in the reasonable opinion of VENCorp, continue to meet the requirement of clause 7.2.2(b), VENCorp may terminate the appointment of the Adviser and appoint a new Adviser.
(e)	VENCorp, in consultation with the Adviser, must select at least seven persons to constitute the group from which a dispute resolution panel can be selected in accordance with clause 7.2.4(a)(2) and (3).
(f)	Subject to clause 7.2.2(h), each person appointed to the group under clause 7.2.2(e):
(1)	is appointed for one year and is then eligible for reappointment; and
(2)	is appointed on such other terms and conditions as VENCorp determines.
(g)	In appointing the group under clause 7.2.2(e), VENCorp and the Adviser must have regard to the extent to which the members of the group between them:
(1)	have some understanding and experience of alternative dispute resolution practice and procedures which do not involve litigation; and
(2)	have an understanding of the gas industry.
(h)	VENCorp may change the composition of the group selected under clause 7.2.2(e) from time to time in consultation with the Adviser.
7.2.3	Dispute resolution process
(a)	Any of the parties involved in a dispute of a kind set out in clause 7.2.1(a) may refer the dispute to the Adviser in accordance with clause 7.2.3(b). 
(b)	If a party wishes to refer a dispute to the Adviser under clause 7.2.3(a), that party must notify the Adviser and all other parties to the dispute of which the party is aware:
(1)	of the existence of a dispute; and
(2)	setting out a brief history of the dispute including:
(A)	the names of the parties to the dispute;
(B)	the grounds of the dispute; and
(C)	the results of any previous dispute resolution processes undertaken pursuant to these Rules in respect of the dispute.
(c)	If the Adviser receives notice of a dispute under clause 7.2.3(b), the Adviser must notify all other relevant parties of the dispute and may request from those other parties their own short written history of the dispute or any relevant associated written comments and if the Adviser requests such information from a party to the dispute, that information must be provided by that party within two business days.
(d)	If a matter has been referred to the Adviser under clause 7.2.3(a), then before taking any action to resolve the dispute, the Adviser must be reasonably satisfied that the dispute is one to which clause 7.2.1(a) applies and must advise the parties in writing of its decision.
(e)	If the Adviser is not satisfied that the dispute is one to which clause 7.2.1(a) applies, the procedures set out in clause 7.2.3(f) do not apply to the dispute.
(f)	If the Adviser is satisfied that the dispute is one to which clause 7.2.1(a) applies, the Adviser must:
(1)	appoint a dispute resolution panel in accordance with clause 7.2.4; and
(2)	refer the dispute for resolution by the dispute resolution panel appointed under clause 7.2.4, 
within five business days of receiving any information from the parties to the dispute under clause 7.2.3(c).
(g)	Subject to all time limits specified in clause 7.2.3, nothing in this clause 7.2 precludes the Adviser from facilitating resolution of the dispute by agreement between the parties to the satisfaction of the parties without appointing or involving a dispute resolution panel.
7.2.4	The dispute resolution panel
(a)	Where the Adviser refers a dispute for resolution by a dispute resolution panel under clause 7.2.3(f), the Adviser must:
(1)	establish a dispute resolution panel consisting of three people chosen by the Adviser as appropriate in the particular circumstances of the dispute from the group of persons selected by the Adviser under clause 7.2.2(e) unless the Adviser reasonably considers the monetary amount to which the dispute relates is less than $100,000 in which case the Adviser may decide to appoint one person to constitute the dispute resolution panel from the group of persons selected by the Adviser under clause 7.2.2(e);
(2)	be satisfied that the persons chosen to comprise the dispute resolution panel do not have any interests which could conflict with an impartial resolution of the dispute; and
(3)	nominate one of the members of the dispute resolution panel to be the chairperson.
(b)	A person who has previously served on a dispute resolution panel is not precluded from being appointed to another dispute resolution panel established in accordance with clause 7.2.4(a).
(c)	When a matter is referred to a dispute resolution panel under clause 7.2.3(f)(2), the dispute resolution panel must select the form of, and procedures to apply to, the dispute resolution process which:
(1)	the dispute resolution panel considers appropriate in the circumstances; and
(2)	must accord with the following principles:
(A)	be simple, quick and inexpensive;
(B)	take account of the skills and knowledge required for the relevant dispute;
(C)	observe the rules of natural justice; and
(D)	encourage resolution of disputes without formal legal representation or reliance on legal procedures.
(d)	The dispute resolution process will take place at a venue determined by the dispute resolution panel in consultation with the parties and may include either party's premises or any other premises.
(e)	Subject to clause 7.2.10(c) the parties must comply with any procedural requirements imposed by the dispute resolution panel in the determination of the dispute including a requirement to exchange submissions, documents and information.
(f)	Subject to clause 7.2.4(g), the dispute resolution panel must ensure that the dispute resolution process is completed and that the dispute resolution panel has given notice of its determination of the dispute as soon as practicable but in any event within twenty business days of the dispute being referred to the dispute resolution panel (or such longer period as the Adviser may permit following a request by the dispute resolution panel for an extension of time).
(g)	Within ten business days of receiving notification from the dispute resolution panel of their determination of the dispute, the parties must provide written notice to the dispute resolution panel describing all action taken in accordance with the resolution or  determination of the dispute resolution panel.
7.2.5	Disputes about payment
If a dispute arises:
(a)	in relation to an obligation to pay moneys owing under these Rules; or
(b)	which affects an obligation to pay moneys under these Rules,
then:
(c)	the dispute must be referred to the Adviser in accordance with clause 7.2.3(a), or to the Regulator under clause 7.2.1(c), within twelve months of the dispute arising;
(d)	the Adviser must notify all Participants who may be affected by the resolution of the dispute, including but not limited to Participants whose settlement statement may be amended as a consequence of the resolution of the dispute; and
(e)	those moneys must be paid without prejudice on the date specified for payment in the relevant settlement statement, notwithstanding a dispute regarding the amount.
7.2.6	Disputes affecting settlement statements
Where an amount stated to be payable in a settlement statement issued under clause 3.6.15 is the subject of a dispute and the resolution of the dispute affects the amount payable, then:
(a)	when the dispute is resolved in accordance with this clause 7.2, VENCorp must issue a revised settlement statement to replace each settlement statement affected by the resolution of the dispute, in accordance with clause 3.6.19; and
(b)	the amount specified in a revised settlement statement must be paid by the relevant Participant, whether or not that Participant is a party to the dispute, on the date specified in the revised settlement statement. 
7.2.7	Legal representation
Legal representation before the dispute resolution panel may be permitted by the dispute resolution panel where the dispute resolution panel considers it appropriate or desirable.
7.2.8	Cost of dispute resolution
The reasonable costs of the parties to the dispute may be allocated by the dispute resolution panel for payment by one or more parties as part of any determination.
7.2.9	Effect of resolution
(a)	A determination of the dispute resolution panel is binding on the parties to the dispute including without limitation any provision of the resolution or determination relating to the payment of moneys by any of the parties and any provision as to the performance of actions by any of the parties.
(b)	A requirement that a party to the dispute pay moneys under: 
(1)	an agreement reached between the parties to a dispute under clause 7.2.3(g); or
(2)	a determination of the dispute resolution panel,
is an obligation under these Rules to pay those moneys.
(c)	If a determination of the dispute resolution panel applies to a person referred to in clauses 7.2.1(a)(1), (2), (3), (4) and (5), that person must comply with the determination of the dispute resolution panel to the extent that the determination applies to that person, notwithstanding that the person was not a party to the dispute.
7.2.10	Recording and publication
(a)	When a dispute resolution panel resolves a dispute, the chairperson of the dispute resolution panel must send written details of the resolution of the dispute to the Adviser as soon as practicable.
(b)	The Adviser must produce a summary of the resolution of each dispute without identifying the parties, and forward these to VENCorp and the parties to the dispute.
(c)	Claims for confidentiality of information disclosed in the dispute resolution process must be dealt with in accordance with the provisions relating to use of information in clause 5.4.
(d)	At least twice in each year, VENCorp must make available to all persons referred to in clauses 7.2.1(a)(1), (2), (3), (4) and (5) the results of dispute resolutions under this clause 7.2 which have been settled since the previous results were made available under this clause 7.2.10(d), including the relevant determinations of the dispute resolution panel.
7.2.11	Judicial review
The parties to a dispute may refer any question of law which may arise in respect of the resolution of a dispute for determination by a court of competent  jurisdiction.
7.2.12	Limitation of liability
To the extent permitted by law, the Adviser, the dispute resolution panel and its members  are not to be liable for any loss or damage suffered or incurred by a Participant or any other person as a consequence of any act or omission of those persons unless the Adviser, the dispute resolution panel, or its members, as the case may be, acted otherwise than in good faith under this clause 7.2.
7.2.13	Indemnity
Notwithstanding clause 7.2.12, if the Adviser or a member of the dispute resolution panel is liable to pay any amount for loss or damage suffered or incurred by a person referred to in clauses 7.2.1(a)(1), (2), (3), (4) and (5) or any other person as a consequence of any act or omission of those persons, VENCorp must indemnify that person:
(a)	for the full amount; and 
(b)	for any costs and expenses incurred by that person in defending related proceedings,
unless the liability arose out of conduct involving a lack of good faith.

BACKGROUND NOTE
TO SCHEDULE 7.1
CLASSIFICATION OF RULES
The following Background Note is included for information purposes only - it does not form part of these Rules. It is intended to provide a general indication of the basis on which the classification of these Rules has been made, and a guide, only, for the classification of future new Rules. 
Schedule 7.1 is a table which contains the classification of these Rules, set out after this Background Note. It is part of these Rules and any change, addition or deletion to that table must be made in accordance with the Rule change procedures in chapter 8. 
The Gas Industry Act
The Gas Industry Act provides for a three-way classification of provisions of these Rules into:
•	civil penalty provisions;
•	conduct provisions;
•	regulatory provisions.
The classification of certain Rules as civil penalty provisions will be made in regulations under the Gas Industry Act. However, the initial classification of certain Rules as civil penalty provisions is included as part of this Background Note, for information purposes only, to provide an indication of the nature of provisions which are likely to be classified as civil penalty provisions. It is important to note that regulations made under the Gas Industry Act may change from time to time and although the initial classification of certain Rules as civil penalty provisions in the relevant regulations is likely to correspond exactly with the indicative classification of those Rules included in this Background Note, in order to obtain an accurate and up-to-date list of Rules classified as civil penalty provisions, you should refer to the relevant regulations made under the Gas Industry Act.
The Gas Industry Act provides that the classification of other Rules as conduct provisions and regulatory provisions is to be made in these Rules. Schedule 7.1 sets out that classification.
The table below summarises the information contained in this Background Note.
Classification of Rules	Who can bring action	Nature of sanction
(imposed by a court)	
Civil Penalty Provisions
(as classified by regulations)	ACCC	•	penalties	
Regulatory Provisions
(as classified in Rules - Schedule 7.1)	ACCC	•	injunction
•	declaration	
Conduct Provisions
(as classified in Rules - Schedule 7.1)	Any person	•	damages
•	injunction
•	declaration	

Provisions requiring classification
Those provisions of these Rules which impose an obligation on a person have been classified. Where a provision of these Rules allows a discretion on the relevant person as to whether or not to do something, that provision has not been classified, as it will not be a breach of that provision if the person decides not to perform in accordance with that provision. 
Civil penalty provisions
Civil penalty provisions are provisions the breach of which is regarded as most serious. Generally, they are provisions which must be complied with in order to ensure that the market and these Rules work properly. 
Civil penalty provisions are enforceable only by the Regulator, who may bring proceedings for the levy of a civil penalty, i.e. a fine for an offence provable on the balance of probabilities, payable to the Consolidated Fund. Any person can advise the Regulator of an alleged breach of a civil penalty provision, although it is up to the Regulator to take the matter further. Clause 7.1.2 of these Rules also provides a mechanism by which VENCorp, on its own account or on the advice of a Participant, can decide to bring an alleged breach to the attention of the Regulator.
Conduct provisions
A conduct provision is a provision involving an obligation to be performed by a person where the consequences of a breach are less serious than for a civil penalty provision. Most provisions of these Rules that are not of an administrative nature or are to be performed by VENCorp will be classified as conduct provisions. However, generally, an obligation to pay money, including one imposed on VENCorp, will be classified as a conduct provision.
Conduct provisions are enforceable by any person by bringing injunction proceedings. In addition, anyone who suffers loss or damage by conduct in contravention of a conduct provision will also have a statutory right to recover the loss or damage in a civil action against the person whose breach of these Rules caused it. However, the Gas Industry Act and these Rules make it clear that this right is subject to the dispute resolution procedures in clause 7.2, which require a Participant to take any action relating to these Rules in accordance with those dispute resolution procedures, before resorting to other formal legal recourse (such as the courts). Finally, the Supreme Court will be vested with jurisdiction to declare, on the application of any interested party, that a person is in breach of a conduct provision.
Regulatory provisions
Regulatory provisions generally fall into two main categories:
1.	obligations to be performed by VENCorp (other than obligations to pay money, which will be classified as conduct provisions); and
2.	obligations of an administrative nature.
The injunction remedy will be available for breaches of regulatory provisions, on application by the Regulator. It will also be possible for the Supreme Court to declare that a person is in breach of a regulatory provision, on application by the Regulator. There will be no statutory right to damages.
Rules may be in two categories
A civil penalty provision may be a conduct provision or a regulatory provision as well, but conduct provisions and regulatory provisions are mutually exclusive.
Indicative classification of Rules as civil penalty provisions
The following list is an indication, only, of the nature of provisions which are likely to be classified in regulations made under the Gas Industry Act as civil penalty provisions. This list is part of the Background Note and does not form part of these Rules:

•	Clause 2.1(a)	Persons who must register as Participants.	
•	Clause 2.1(b)	Persons who must register as Retailers.	
•	Clause 2.1(d)	Persons may not participate in the market unless registered as a Market Participant.	
•	Clause 2.1(e)	If a Participant ceases to be eligible, it must notify VENCorp.	
•	Clause 2.2(d)	If VENCorp notifies Participants of cessation of registration of a Market Participant, that Market Participant must cease activities in the market.	
•	Clause 3.1.13(a)	Market Participants must comply with scheduling instructions.	
•	Clause 3.5.2(a)	Market Participants must appoint an Allocation Agent at injection points.	
•	Clause 3.5.2(b)	Market Participants must not inject gas unless an Allocation Agent is appointed.	
•	Clause 3.5.3(a)	Market Participants must appoint an Allocation Agent at non-SAW points.	
•	Clause 3.5.3(b)	Market Participants must not withdraw gas unless an Allocation Agent is appointed.	
•	Clause 3.7.7(e)	Market Participants must comply with suspension notices.	
•	Clause 4.1.8(a)	Transmission Pipeline Owners must prepare and make offers to connect.	
•	Clause 7.2.9	Parties to a dispute must comply with a determination of the dispute resolution panel.	

SCHEDULE 7.1
CLASSIFICATION OF RULES

The table below sets out the classification of Rules as:
1.	conduct provisions; and
2.	regulatory provisions.
This table, which forms Schedule 7.1, is part of these Rules. Changes to this table must be made in accordance with chapter 8.
CLASSIFICATION OF RULES

Rule	Classification*	
1.	INTRODUCTION		
1.1	Purpose and application of Rules		
1.1.5	Persons who must register with VENCorp.	RP	
1.2	VENCorp		
1.2.1(a)	Operation of transmission system and market by VENCorp.	RP	
1.2.1(b)	Maintenance and publication of register of Participants by VENCorp.	RP	
1.2.1(c)	Development and update of system security guidelines by VENCorp.	RP	
1.2.1(e)	VENCorp must monitor trading activity.	RP	
1.2.1(f)	VENCorp must prepare report of significant price variations.	RP	
1.2.1(g)	Availability of report prepared by VENCorp.	RP	
1.2.1(h)	VENCorp must develop and publish guidelines.	RP	
1.2.1(i)	Considerations VENCorp must take into account in developing procedures.	RP	
1.2.1(j)	Compliance with Rules by VENCorp.	RP	
1.2.4(c)	Standard of performance by VENCorp.	RP	
1.2.4(e)	Publication of performance indicators by VENCorp.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
1.3	Enforceability and Amendment of these Rules		
1.3.1	Rules enforceable in accordance with chapter 7.	RP	
1.3.2	Amendments to be in accordance with chapter 8.	RP	
1.4	Public Consultation Procedures		
1.4	Development and minimum requirements of public consultation procedures.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration
Rule	Classification*	

2.	REGISTRATION		
2.1	Registration with VENCorp		
2.1(a), (b)	Persons who must be registered as a Participant with VENCorp.	CP	
2.1(d)	A person may not participate in the market in a category of Market Participant unless the person is registered in that category.	CP	
2.1(e)	Eligibility requirements/Notice by Participant if it ceases to be eligible.	CP	
2.1(f)	Form of application.	RP	
2.1(h)	VENCorp may require applicant to pay costs associated with a review of additional information.	CP	
2.1(i)	Approval of application and registration by VENCorp.	RP	
2.1(j)	Notice of approval of application by VENCorp.	RP	
2.1(k)	Notice that application not approved by VENCorp.	RP	
2.2	Ceasing to be a Participant		
2.2(c)	VENCorp must notify all Participants of cessation by a Participant.	RP	
2.2(d)	If VENCorp notifies Participants of cessation of registration, Market Participant must cease activities in the market.	CP	
2.5	Intending Participants		
2.5(b)	Form of application and payment of fee (if any).	CP	
2.6	Market Fees		
2.6(a)	Participants must pay market fees.	CP	
2.6(c)	Description of components of market fees payable by Participants.	CP	
2.6(d)	VENCorp must produce initial budget report and conduct presentation for next financial year.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
2.6(e)	Availability and publishing report.	RP	
2.6(f)	VENCorp must invite submissions.	RP	
2.6(g)	VENCorp must prepare a final report.	RP	
2.6(h)	VENCorp to provide final report to Regulator.	RP	
2.7	Previous Financial Year Report		
2.7(a)	VENCorp must produce report for previous financial year containing certain matters.	RP	
2.7(b)	Availability of report.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	

3.	MARKET OPERATION AND ADMINISTRATION		
3.1	Nominations, Gas Scheduling and Market Operations		
3.1.1	Operation and scheduling of gas by VENCorp.	RP	
3.1.2	Submission of nominations and optional inc/dec offers by Market Participants	CP	
3.1.3(a)	Submission by Market Participants of a separate injection nomination for each system injection point .	CP	
3.1.3(b)	Information which must be included in an injection nomination.	CP	
3.1.4(a)	Submission by Market Participants of separate withdrawal nomination for each system withdrawal zone.	CP	
3.1.4(b)	Information which must be included in a withdrawal nomination.	CP	
3.1.5(g)	Inc/dec offers may be made only by Market Participants who have nominated a controllable quantity.	CP	
3.1.7(a), (b), (c), (d)
	Timing of nominations.	CP	
3.1.9(a)	Market Participants responsible for verifying information posted on market information bulletin board correct.	CP	
3.1.9(c)	VENCorp must acknowledge receipt of inc/dec offers, nominations and EoD linepack bids.	RP	
3.1.9(d)	VENCorp must use information on market information bulletin board for scheduling.	RP	
3.1.9(e)	If a nomination, inc/dec offer or EoD linepack bid is invalid, VENCorp must not schedule it, but must notify Market Participant.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.1.10(a)	Market Participants must submit nominations, inc/dec offers and EoD linepack bids in accordance with electronic communications procedures.	CP	
3.1.10(e)	Variations and revocations of standing nominations and standing inc/dec offers must be made in accordance with the electronic communication procedures.	CP	
3.1.10(f)	Market Participants’ warranties.	CP	
3.1.10(h)	Notification by Market Participant of inability to comply with final nomination.	CP	
3.1.11	Application by VENCorp of principles to schedule equal priced inc/dec offers.	RP	
3.1.12(a)	Inputs and assumptions to be used by VENCorp for producing preliminary operating schedules and final operating schedules.	RP	
3.1.12(b)	VENCorp must apply the inputs and assumptions in an optimisation program to produce preliminary operating schedule and final operating schedule.	RP	
3.1.12(c)	Publication of preliminary operating schedules and final operating schedules.	RP	
3.1.12(d)	VENCorp must publish a revised preliminary operating schedule or final operating schedule if there is a material change to circumstances.	RP	
3.1.12(e)	Each preliminary operating schedule and final operating schedule must include information in clause 5.1.4(b).	RP	
3.1.12(f)	All material factors taken into account by VENCorp in producing a preliminary operating schedule or final operating schedule must be recorded.	RP	
3.1.12(g)	VENCorp must maintain records relating to the scheduling process.	RP	
3.1.12(h)	VENCorp must issue scheduling instructions by 9am each day.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.1.12(i)	VENCorp may issue further scheduling instructions in accordance with the gas scheduling procedures.	RP	
3.1.12(j)	VENCorp must log or record scheduling instructions.	RP	
3.1.13(a)	Market Participant must comply with scheduling instruction (subject to clause 3.1.13(b) and (d)).	CP	
3.1.13(b)	Notification by Market Participant of inability to comply with scheduled inc/dec offer.	CP	
3.1.13(c)	Notification by VENCorp if Market Participant unable to comply with scheduling instruction.	RP	
3.1.13(e)	VENCorp may declare non-conforming if Market Participant fails to comply with scheduling instructions, (subject to 3.1.13(b) and (d)).	RP	
3.1.13(f)	Notification by VENCorp that injections/withdrawals do not conform, (and if certain matters satisfied, VENCorp may intervene).	RP	
3.1.15(a)	Storage Providers and Producers must verify quantities of gas intended to be injected into and withdrawn from the transmission system.	CP	
3.1.15(b)	Storage Providers and Producers must notify VENCorp of a material change to the quantity of gas intended to be injected or withdrawn.	CP	
3.1.16(b)	VENCorp must establish rules for determining ownership of gas in the transmission system.	RP	
3.1.16(c)	VENCorp must resolve any dispute relating to ownership of gas in the transmission system.	RP	
3.1.16(d)	Warranties by Market Participants to VENCorp relating to title of gas.	CP	
3.1.16(e)	Unconditional and irrevocable authorisation by each Market Participant to VENCorp to effect transfers of title to gas.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.1.16(f)	Indemnification by Market Participants of VENCorp against loss, liability, damage, claim, etc for breach of warranties in clause 3.1.16(d).	CP	
3.2	Determination of market price		
3.2.1(a)	Determination of market price by VENCorp	RP	
3.2.1(b)	VENCorp must produce a pricing schedule at the end of each gas day.	RP	
3.2.1(c)	Inputs to be used by VENCorp in producing pricing schedule.	RP	
3.2.1(e)	Inputs and assumptions to be applied by VENCorp in an optimisation program to produce pricing schedule.	RP	
3.2.1(g)	VENCorp must publish the market price.	RP	
3.2.2	Obligations of VENCorp to set market price if force majeure event or market suspension.	RP	
3.2.3	Obligations of VENCorp to set market price if no force majeure event and/or no market suspension.	RP	
3.2.4(c)	VENCorp must conduct a review of the value of VoLL within twelve months of the commencement date.	RP	
3.2.4(d)	VENCorp must conduct a review of the value of VoLL every two years.	RP	
3.3	Participant Compensation Fund		
3.3.1	Establishment and maintenance of the participant compensation fund by VENCorp.	RP	
3.3.2(a)	Collection by VENCorp of amount from Market Participants and payment by Market Participants of contribution to participant compensation fund.	CP	
3.3.2(c)	Variation and review of funding requirement by VENCorp.	RP	
3.3.2(d)	VENCorp to determine contribution rate of participant compensation fund.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration
Rule	Classification*	

3.3.2(e)	VENCorp must publish funding requirement for participant compensation fund.	RP	
3.3.2(f)	Payment by Market Participants of a proportion of the funding requirement.	CP	
3.3.2(g)	Component of settlement amount payable by Market Participants must be paid into participant compensation fund.	CP	
3.3.2(i)	Maintenance of fund by VENCorp.	RP	
3.3.2(k)	Payment of tax on interest, fees and compensation payments by VENCorp.	CP	
3.4	Linepack and settlement linepack		
3.4.2(b), (c), (d)
	VENCorp must allocate EoD linepack.	RP	
3.4.2(e), (f), (g)
	Determination of price of EoD linepack.	RP	
3.4.2(h)	Notification by VENCorp of EoD linepack allocation and price.	RP	
3.4.4(a)	VENCorp must determine linepack capacity to be made available to Market Participants applicable on commencement date and publish allocations.	RP	
3.4.4(b)	If there is a material change in EoD linepack capacity, VENCorp must determine and publish the amount of new EoD linepack capacity.	RP	
3.5	Allocation and Reconciliation		
3.5.2(a)	Market Participants must appoint Allocation Agents at injection points.	CP	
3.5.2(b)	Market Participants must not submit nomination unless conditions satisfied.	CP	
3.5.2(c)	Only one Allocation Agent shall be appointed for each system injection point.	CP	
3.5.2(d)	Notification by Market Participant if Allocation Agent ceases to be approved.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.5.2(e)	Market Participant must ensure Allocation Agent complies with clause 3.5.	CP	
3.5.2(g)	Allocation Agents must give statement to VENCorp.	CP	
3.5.2(h)	Amount of total quantity of gas allocated by each Allocation Agent must equal total gas injected.	CP	
3.5.2(l) 	VENCorp must determine quantities of gas which are to be treated as injected.	RP	
3.5.2(m)	VENCorp must determine quantities of gas treated as injected according to formula.	RP	
3.5.3(a)	Market Participant must appoint an Allocation Agent at non-SAW points.	CP	
3.5.3(b)	Market Participant must not submit nominations unless Allocation Agent appointed and confirmed to VENCorp.	CP	
3.5.3(c)	Only one Allocation Agent shall be appointed for each non-SAW point.	CP	
3.5.3(d)	Notification by Market Participant if Allocation Agent ceases to be appointed by it.	CP	
3.5.3(e)	Market Participant must ensure Allocation Agent complies with clause 3.5.	CP	
3.5.3(g)	Allocation Agents must provide statement to VENCorp.	CP	
3.5.3(h)	Amount of gas allocated by Allocation Agent must equal total quantity withdrawn.	CP	
3.5.3(l)	VENCorp must determine quantities of gas to be treated as withdrawn, if no Allocation Agent.	RP	
3.5.3(m)	VENCorp must determine quantity of gas treated as withdrawn according to formula.	RP	
3.5.4	VENCorp must establish allocation algorithm, give copy to Market Participants, review the allocation algorithm.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.5.5(a)-(f)	Establishment and review of reconciliation procedures by VENCorp, consultation with Market Participants, provision of copies.	RP	
3.5.5(g)	Market Participants must comply with reconciliation procedures.	CP	
3.6	Settlements		
3.6.1(a)	VENCorp must determine market fees and facilitate billing and settlement of transactions by VENCorp.	RP	
3.6.1(b)	Market Participants must pay market fees.	CP	
3.6.2(a)	VENCorp must ensure EFT facility is provided.	RP	
3.6.2(b)	Market Participants must use the EFT facility.	CP	
3.6.3	VENCorp must determine trading amounts for each Market Participant.	RP	
3.6.4	Method by which the trading imbalance of a Market Participant shall be calculated.	RP	
3.6.5	VENCorp must determine settlement amounts for each Market Participant in accordance with this clause.	RP	
3.6.6(a)	Payment by Market Participants of amount determined in accordance with clause 3.6.6(b).	CP	
3.6.6(b)	VENCorp must determine amount of compensation payments payable by Market Participants in accordance with this clause.	RP	
3.6.6(d)	Inclusion of amounts and details by VENCorp in settlement statement.	RP	
3.6.7	VENCorp to determine and pay ancillary payments in accordance with clause 3.6.7.	CP	
3.6.8(a)	VENCorp must establish and publish principles and procedures for determining ancillary payments.	RP	
3.6.8(c)	A Retailer who sells gas to Customers is liable to pay uplift payments in respect of withdrawals of gas by those Customers.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.6.8(e)	VENCorp must publish details of ancillary payments due.	RP	
3.6.8(f)	If VENCorp determines ancillary payments are attributable to transmission constraints, VENCorp must determine and publish certain information relating to the transmission constraint.	RP	
3.6.9	Determination by VENCorp of EoD linepack credits and EoD linepack debits.	RP	
3.6.10(a)	VENCorp must maintain a linepack account.	RP	
3.6.10(b)	VENCorp must record linepack credits and linepack debits in linepack account.	RP	
3.6.10(c)	Formula for VENCorp to determine the amount of any linepack credit or linepack debit.	RP	
3.6.11	VENCorp must establish, document and make available to Market Participants procedures for review of the linepack account.	RP	
3.6.12(a)	VENCorp must clear the balance of the linepack account each month.	RP	
3.6.12(b)	Payments by Market Participants.	CP	
3.6.12(c)	Payments by VENCorp to Market Participants.	CP	
3.6.13(a)	Payment of settlement amounts by Market Participants.	CP	
3.6.13(b)	Payment of settlement amounts by VENCorp.	CP	
3.6.14(a)	Provision of preliminary statement by VENCorp.	RP	
3.6.14(c)
	Notification of errors in preliminary statements by Market Participants;
	review of preliminary statement by VENCorp.	

RP	
3.6.14(d)	Notification and correction by VENCorp of errors in preliminary statements.	CP	
3.6.15	Provision of final statements by VENCorp.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.6.16	Payment by Market Participants of settlement amounts.	CP	
3.6.17	Payment by VENCorp of settlement amounts.	CP	
3.6.18	Settlement disputes must be resolved in accordance with the dispute resolution procedures.	RP	
3.6.19	VENCorp must issue revised statements.	CP	
3.6.20(a)	VENCorp must specify time by which and date on which payment under a revised statement is due.	RP	
3.6.20(b)	Payment by Market Participants of the revised amount payable.	CP	
3.6.20(c)	Payment by VENCorp of the revised amount payable.	CP	
3.6.23(a)	Payment of interest by VENCorp and Market Participants.	CP	
3.7	Prudential Requirements		
3.7.2(a)	Provision and maintenance of security by Market Participants.	CP	
3.7.3	The form of security which must be provided by a Market Participant.	CP	
3.7.4(a)	VENCorp must determine and confirm each Market Participant’s minimum exposure.	RP	
3.7.4(c)	Market Participants must procure that at all times security held by VENCorp is not less than their minimum exposure.	CP	
3.7.5(a)	Provision of replacement security by Market Participant.	CP	
3.7.5(b)	If Market Participant fails to comply, VENCorp must give an Market Participant a suspension notice.	RP	
3.7.6(a)	VENCorp must notify Market Participant if it exercises rights in accordance with clause 3.6.21 (issue of default notice).	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
3.7.6(b)	Market Participant must provide additional security.	CP	
3.7.6(c)	VENCorp must give Market Participant a suspension notice if it fails to comply.	RP	
3.7.7(a), (b), (c)
	Publication of suspension notices and revocation by VENCorp.	RP	
3.7.7(e)	Market Participants must comply with suspension notices.	CP	
3.7.7(g)	Publication of notices by VENCorp.	RP	
3.7.7(h)	VENCorp must deregister suspended Market Participants where incapable of rectifying default event or failure.	RP	
3.7.8	Setting of trading limits by VENCorp.	RP	
3.7.9	Monitoring of exposures by VENCorp and notification by VENCorp.	RP	
3.7.10(a)	Making of margin calls by VENCorp.	RP	
3.7.10(b)	Satisfaction of margin calls by Market Participants.	CP	
3.7.10(e)	VENCorp must give Market Participant a suspension notice if Market Participant fails to satisfy a margin call.	RP	
3.7.11	Information to be treated as confidential by VENCorp.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.	TECHNICAL MATTERS		
4.1	Connection to the Transmission System		
4.1.3	Obligations of Transmission Pipeline Owner.	CP	
4.1.4	Obligations of VENCorp.	RP	
4.1.5	Obligations of Connected Parties.	CP	
4.1.6(d)	VENCorp must determine application fee for connection.	RP	
4.1.7(a)	Submission of information by Transmission Pipeline Owner to VENCorp.	CP	
4.1.7(b) & (d)	VENCorp obligations in relation to approval/rejection of connection.	RP	
4.1.7(e)	Provision of information by Transmission Pipeline Owner and Connection Applicant.	CP	
4.1.7(f)	VENCorp must determine connection principles and procedures and incorporate into these Rules.	RP	
4.1.8(a)	Transmission Pipeline Owner must prepare and make offer to connect.	CP	
4.1.8(b)	The offer to connect must contain the proposed terms and conditions for connection to the transmission system.	CP	
4.1.8(c)	Offer to connect must satisfy certain conditions.	CP	
4.1.8(d)	Transmission Pipeline Owner must use reasonable endeavours to provide an offer in accordance with certain requirements.	CP	
4.1.8(e)	Conduct of negotiations between Transmission Pipeline Owner and Connection Applicant must be in good faith.	CP	
4.1.8(f)	Offer to connect must define the basis for determining charges.	CP	
4.1.9(a)	Obligations of Connection Applicant if Connection Applicant accepts offer.	CP	
4.1.9(c)	Connection agreement must be based on the offer to connect.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.1.10(a)	Connection agreement must not be entered unless approved by VENCorp.	CP	
4.1.10(b)	Submission of connection agreement by Transmission Pipeline Owner to VENCorp.	CP	
4.1.10(c)	Provision of information by Transmission Pipeline Owner to VENCorp.	CP	
4.1.10(d)	Approval or rejection of connection agreement by VENCorp within ten business days.	RP	
4.1.10(f)	Provision of information by Transmission Pipeline Owner and Connection Applicant.	CP	
4.1.11	Transmission Pipeline Owner must consult with VENCorp in relation to proposed connection.	CP	
4.1.12(a)
	Information must be prepared, given and used in good faith.
	Information must be treated as confidential and protected from disclosure.	

CP	
4.1.12(b)	Notification of change to information by Transmission Pipeline Owner/Connection Applicant.	CP	
4.1.13	Interconnecting Pipeline Owner must enter into connection agreement.	CP	
4.2 	LNG Storage		
4.2.2(a)	VENCorp is responsible for scheduling of LNG injection offers and managing LNG reserve.	RP	
4.2.2(b)	VENCorp must establish committee to review VENCorp’s entitlement to LNG reserve.	RP	
4.2.3	Obligations of the LNG Storage Provider.	CP	
4.2.4(a), (b)	Provision of information by LNG Storage Provider to VENCorp in relation to BOC Agreement.	CP	
4.2.4(d) 	LNG Storage Provider must not terminate/vary BOC Agreement without consent of VENCorp.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.2.5(a) 	VENCorp must not adversely affect BOC’s LNG storage entitlement.	RP	
4.2.5(b) 	Provision of LNG storage capacity by LNG Storage Provider.	CP	
4.2.5(c) 	LNG storage capacity must be made available to VENCorp.	CP	
4.2.5(d) 	Market Participant must hold LNG storage capacity in order to use LNG storage facility.	CP	
4.2.5(e) 	LNG Storage Provider must maintain register. 	CP	
4.2.6(b) 	Market Participant may not transfer LNG storage/stock under certain conditions.	CP	
4.2.6(d) 	LNG Storage Provider must not reject transfer which satisfies requirements.	CP	
4.2.6(e), (f)	Notification of proposed LNG storage transfer by transferor and transferee.	CP	
4.2.6(g) 	Registration of LNG storage transfer by LNG Storage Provider and notification to VENCorp.	CP	
4.2.6(j) 	Registration by LNG Storage Provider of cessation of entitlement to LNG storage capacity.	CP	
4.2.7(a) 	LNG Storage Provider must order maximum quantity of gas.	CP	
4.2.7(c) 	Determination of quantity of gas by LNG Storage Provider and notification to VENCorp.	CP	
4.2.8(a) 	Market Participants must submit LNG injection offers.	CP	
4.2.8(b)-(d)	VENCorp’s obligations in relation to the acceptance and scheduling of LNG injection offers.	RP	
4.2.9(a) 	VENCorp may utilise LNG Reserve in accordance with this clause.	RP	
4.2.9(b) 	Compliance by LNG Storage Provider with VENCorp directions.	CP	
4.2.9(c) 	Review of LNG Reserve by VENCorp.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.2.9(d) 	Consultation by VENCorp with Market Participants and LNG Storage Provider for the purpose of carrying out review of LNG reserve.	RP	
4.2.9(e) 	Action which must be taken by LNG Storage Provider and Market Participants. 	CP	
4.2.10(a) 	Establishment and operation of information exchange system by LNG Storage Provider and VENCorp.	RP	
4.2.10(d) 	Provision of information referred to in clause 4.2.7(d) by VENCorp on request.	RP	
4.3	Gas Quality		
4.3.1(b) 	VENCorp is responsible for ensuring gas complies with prescribed specifications.	RP	
4.3.1(d) 	Participants must comply with gas quality specifications.	CP	
4.3.1(e) 	Requirement of gas quality monitoring at all system injection points.	CP	
4.3.2(b)(1)	If VENCorp considers contract not being complied with or that conditions can no longer be satisfied, VENCorp must notify Market Participants that gas quality standards no longer approved (and VENCorp may refuse to accept gas).	
RP	
4.3.2(b)(2)	Market Participant must not inject any further gas.	CP	
4.3.3(a) 	Provision of gas quality monitoring system by Transmission Pipeline Owner.	CP	
4.3.3(b) 	Gas quality monitoring system must be approved by VENCorp.	CP	
4.3.3(c) 	Gas quality monitoring system must perform certain functions.	CP	
4.3.3(d) 	Gas quality monitoring system must include certain equipment.	CP	
4.3.3(e) 	Provider of gas quality monitoring system must ensure data transmitted in form and manner compatible with database.	CP	
*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.3.3(f) 	Submission of plan to VENCorp by provider of gas quality monitoring system.	CP	
4.3.3(g) 	Provision of information by provider of the gas quality monitoring system and payment of costs by party requesting information.	CP	
4.3.4(a) 	Participant must use reasonable endeavours to ensure that any gas complies with the gas quality specifications.	CP	
4.3.4(c) 	VENCorp must not refuse to accept gas which complies with gas quality specifications.	RP	
4.3.4(d) 	Notification by Participants if aware gas does not comply with gas quality specifications.	CP	
4.3.4(f) 	Notification by VENCorp if it intends to accept off-specification gas. 	RP	
4.4	Metering		
4.4.1(e)(3)	Costs of new metering installations, modifications to existing metering installations and decommissioning to be borne by affected Participant.	CP	
4.4.3(c) 	Agreement by Participants under this clause must not be unreasonably withheld.	CP	

4.4.3(d) 	A person who is not a Participant may only be a responsible person if it agrees with VENCorp to be bound by this clause and other conditions VENCorp may reasonably require. 	CP	
4.4.3(e) 	Notification by person who would otherwise be the responsible person.	CP	
4.4.4	Obligations of responsible person.	CP	
4.4.5	Affected Participant may provide additional equipment provided such equipment complies with certain requirements.	CP	
4.4.6	Metering installation must comply with certain requirements.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.4.7	Responsible person must ensure metering installation is located as close as practicable to relevant point.	CP	
4.4.8	Accuracy requirements for metering installation.	CP	
4.4.9(b) 	Responsible person must ensure metering installation is calibrated in accordance with schedule.	CP	
4.4.9(c) 	VENCorp must review calibration requirements and publish changes.	RP	
4.4.9(d) 	Establishment of calibration procedures by responsible person.	CP	
4.4.9(f) 	Making of results of tests available by responsible person.	CP	
4.4.9(h) 	Responsible person must permit representatives to be present at calibration.	CP	
4.4.9(i) 	Responsible person must give notice of calibration.	CP	
4.4.9(j) 	Notification by affected Participants who wish to have representative present. Parties must use reasonable endeavours to agree time and date.	CP	
4.4.9(m) 	Cost of calibration must be borne by person requiring calibration or responsible person.	CP	
4.4.9(n) 	Monitoring of metering installations by responsible person on regular basis.	CP	
4.4.9(o) 	Obligations of responsible person if it becomes aware that the accuracy of a metering installation does not comply with clause 4.4.	CP	
4.4.9(p) 	Obligation of responsible person to provide report and estimate quantity of gas transferred after it becomes aware of any matter described in clause 4.4.9(o).	CP	
4.4.9(q) 	Notification by responsible person of modification, adjustment, etc, of metering installations.	CP	
4.4.10(a) 	Protection of metering installation by responsible person.	CP	
*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.4.10(b) 	Notification by Participant if evidence of tampering found.	CP	
4.4.10(c) 	Testing by responsible person if evidence that accuracy might have been affected by tampering.	CP	
4.4.10(d) 	Payment of costs by a Participant who interferes with a metering installation without approval.	CP	
4.4.11 	Protection of metering data by responsible person.	CP	
4.4.12(a),(b)
	Notification and confirmation to VENCorp by a responsible person of changes to parameters or settings.	CP	
4.4.12(c)	Recording of changes to parameters or settings by VENCorp in metering register.	RP	
4.4.13(a) 	Responsible person must ensure that the metering installation complies with this clause 4.4.13.	CP	
4.4.13(b), (c) & (e)
Metering installations must be capable of determining the energy content.	CP	
4.4.13(g)	Determination by VENCorp of the source of data used for determining the energy content of gas.	RP	
4.4.13(h)	VENCorp’s obligations associated with determining appropriate source of data.	RP	
4.4.13(i)	VENCorp to ensure heating values are to be applied.	RP	

4.4.13(j) 	Data must be averaged and applied by responsible person for the purpose of measuring energy content of gas.	CP	
4.4.13(k)	Metering installation must be capable of recording metering data transmitted to metering database.	CP	
4.4.14(a) 	Responsible person must procure that metering data is transmitted to metering database.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.4.14(b) 	Responsible person to procure repairs are made to metering installations.	CP	
4.4.14(c) 	Advice by Participant to VENCorp of metering installation malfunction or defect.	CP	
4.4.15(a)	Meter clocks must be referenced to Australian Eastern Standard Time.	CP	
4.4.15(b)	Metering data must be set within specified accuracy limits.	CP	
4.4.16(a) 	Provision of pulse outputs by responsible person.	CP	
4.4.16(b) 	Payment of costs by person requesting the pulse output.	CP	
4.4.17	Protection of data in metering installation by responsible person.	CP	
4.4.18(a)	VENCorp must collect metering data so as to determine certain matters.	RP	
4.4.18(b)	Participants to use reasonable endeavours to provide metering data.	CP	
4.4.18(c), (d)
	Obligation of responsible person to ensure data capable of transmission/accessible by VENCorp.	CP	
4.4.19	Creation of installation database by responsible person and ensuring VENCorp and affected Participants have access.	CP	

4.4.20	Creation and maintenance of metering database and granting of access to metering database by VENCorp.	RP	
4.4.21(a),(b)
	Maintenance of metering register by VENCorp.	RP	
4.4.21(c)(1)
	Advice by VENCorp if information in metering register indicates that a metering installation does not comply with this clause.	
RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
4.4.21(c)(2)
	Obligation of responsible person to procure that the metering installation does comply.	
CP	
4.4.21(d)	VENCorp must establish transfer procedures to deal with registration procedures of Non-Franchise Customers transferring between Retailers.	RP	
4.4.22(e) 	Responsible person to ensure congestion does not occur.	CP	
4.4.22(f) 	Responsibility of responsible person to ensure that persons have access.	CP	
4.4.22(g) 	Obligation of responsible person to provide local reading.	CP	
4.4.23	Payment for access to metering data by Participant to whom access provided.	CP	
4.4.24(a)-(f), (h)
	Validation and substitution of metering data by VENCorp.	RP	
4.4.24(g) 	Obligations of affected Participant and VENCorp if an affected Participant disputes a substitution made by VENCorp.	RP	
4.4.25	Obligation of Participants to ensure passwords and metering data are treated as confidential information.	CP	
4.4.26(a) 	Metering data must be used by VENCorp as the primary source of data for settlements.	RP	

4.4.26(c) 
•	Where metering installation used for additional purpose, must not be inconsistent with, or cause Participant to breach Rules or laws;
•	Responsible person must co-ordinate with persons who use metering installation for other purposes.	
CP

CP	
4.4.28	VENCorp must undertake review of the metering provisions.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
5.	MARKET INFORMATION AND SYSTEM PLANNING		
5.1	Market Information		
5.1.1(b) 	Information concerning the operation of the market must be made available by VENCorp. VENCorp may charge a fee.	RP	
5.1.1(c) 	Information in relation to the market price must be made available by VENCorp. 	RP	
5.1.2(a) 	All information by Participants to VENCorp must be provided by means of the electronic communication system.	CP	
5.1.2(b) 	Information must be provided using templates.	CP	
5.1.2(c) 	Information must be time stamped by VENCorp.	RP	
5.1.2(e) 	Development of electronic communication procedures by VENCorp.	RP	
5.1.3	Establishment, maintenance and publication of Participant data by VENCorp.	RP	
5.1.4	Publication of schedules by VENCorp.	RP	
5.1.5	Market information must be made available by VENCorp.	RP	
5.1.6	VENCorp must retain records for seven years.	RP	
5.1.7	VENCorp must arrange market audit.	RP	
5.2.1(b), (c), (d)
	VENCorp must provide planning reviews and use reasonable endeavours to ensure that planning reviews accurately reflect the information provided to VENCorp. 	RP	
5.2.2	Preparation and provision of annual planning reviews by VENCorp.	RP	
5.2.3(a)	Preparation and provision of quarterly planning reviews by VENCorp.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
5.2.3(b),(c),(d)
	Information which must be included by VENCorp in the quarterly planning reviews.	RP	
5.2.3(e)	VENCorp must update quarterly planning review if previous review becomes materially inaccurate.	RP	
5.2.4(a)-(e)	Provision of forecasts by Participants.	CP	
5.2.4(f) 	Confidentiality obligations of VENCorp.	RP	
5.2.4(h) 	Obligations of Participants to provide information in good faith and to ensure the information is accurate.	CP	
5.2.6(a) 	Co-ordination of maintenance by VENCorp to ensure system security.	RP	
5.2.6(b) 	Development of operating procedures by VENCorp.	RP	
5.2.6(c) 	Obligation of Transmission Pipeline Owner to act in accordance with forecasts.	CP	
5.2.6(d) 
•	Obligation of Pipeline Owner/Storage Providers to act in accordance with forecasts.
•	Co-operation by Pipeline Owners/Storage Providers.	
CP
CP	
5.2.6(f)	Provision of information by Pipeline Owners/Storage Providers if breakdown or potential breakdown of equipment.	CP	
5.2.6(g) 	Provision of details of defect in equipment by VENCorp.	RP	
5.3	MDQ authorisation		
5.3.1(a), (b)	VENCorp and a Transmission Pipeline Owner must enter into a service envelope agreement.	CP	
5.3.1(d)	VENCorp and Transmission Pipeline Owner must supply information requested by independent person.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
5.3.1(f)	VENCorp and Transmission Pipeline Owner must ensure resolution of disagreement reflected in service envelope agreement.	CP	
5.3.2(a)	VENCorp must allocate authorised MDQ.	RP	
5.3.2(b)	VENCorp must prepare and make available to Market Participants a report on methodology for allocating authorised MDQ.	RP	
5.3.2(c)	VENCorp must notify Market Participants to whom authorised MDQ is allocated.	RP	
5.3.2(d)	A Retailer must notify its Customers of the Customer’s authorised MDQ.	CP	
5.3.2(e)	VENCorp must advise a Customer of the Customer’s authorised MDQ.	RP	
5.3.2(h)	VENCorp must review authorised MDQ allocated under clause 5.3.2(a)(1).	RP	
5.3.3(a)	A Transmission Pipeline Owner who extends or expands its pipeline must consult with VENCorp.	CP	

5.3.3(b)	VENCorp must allocate additional authorised MDQ according to the direction of Transmission Pipeline Owner.	RP	
5.3.3(c)	VENCorp must not allocate authorised MDQ except in accordance with the direction of relevant Transmission Pipeline Owner.	RP	
5.3.3(d)	VENCorp and Transmission Pipeline Owner must modify existing service envelope agreement.	CP 	
5.3.3(e)	Retailer must give prior notice to VENCorp of Customers to whom additional authorised MDQ is to be attributed.	CP	
5.3.3(f)	Retailer’s liability for payment of uplift payments if withdrawals by Customers exceed authorised MDQ.	CP	
5.3.4(b)	VENCorp to set authorised MDQ of Customers who transfer from tariff D to tariff V in a fair and equitable manner.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
5.3.4(c)	VENCorp must allocate authorised MDQ to Customers who inject gas at injection points other than Longford if there is sufficient capacity available.	RP	
5.3.4(d)	VENCorp must allocate spare authorised MDQ.	RP	
5.3.4(e)	Requirements to be observed by VENCorp in allocating spare authorised MDQ.	RP	
5.3.4(g)	VENCorp must use monies received from auctioning authorised MDQ to offset its costs.	RP	
5.3.5(a)	Authorised MDQ is valid only for withdrawals of gas at delivery points in respect of which it was first allocated.	CP	
5.3.5(b)	VENCorp must advise transferees of authorised MDQ of amount attributable to that authorised MDQ (as transferred).	RP	
5.3.6	Authorised MDQ of a person disconnected from the transmission system reverts to VENCorp.	CP	
5.4	Confidentiality		
5.4.1	Obligation of VENCorp/Participants to keep information confidential.	RP	
5.4.3	Precautions by VENCorp/Participants to ensure recipients keep information confidential if information disclosed.	RP	
5.4.4	Indemnification of VENCorp by Participants.	CP	
5.4.5	Obligation of Participants to comply for three years after ceasing to be a Participant.	CP	
5.4.6	Development and implementation of confidentiality policy by VENCorp.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration
6.	INTERVENTION AND MARKET SUSPENSION		
6.1	Overview		
6.1.2	Responsibility of VENCorp (and acknowledgments by Participants).	RP	
6.2	Emergencies		
6.2.1(c) 	Participant must notify VENCorp of emergencies/action taken.	CP	
6.2.1(g) 	Participants must ensure its safety plan permits it to comply with emergency directions.	CP	
6.2.1(i) 	Notification by VENCorp of end of emergency.	RP	
6.2.2.(c)-(e)	
	Obligation of VENCorp to prepare emergency procedures and make available emergency procedures to each Participant.	RP	
6.3	Emergency Planning by Participants		
6.3.1	Provision of emergency contact information by Participants.	CP	
6.3.2	Establishment and maintenance of internal safety procedures by Participants.	CP	
6.3.3	Obligation of Participants to ensure officers/staff/customers familiar with procedures.	CP	
6.4	Emergency Curtailment of Customers		
6.4.1	Provision of curtailment information by Distributors.	CP	
6.4.2	Provision of curtailment information by Transmission Customers.	CP	
6.4.3	Preparation of emergency curtailment list and notification by VENCorp.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
6.5	Response to Emergency 		
6.5.1(a) 	Obligation of VENCorp to provide information when an emergency arises.	RP	
6.5.1(b) 	Obligation of each Participant to advise officers/staff of the nature and existence of an emergency.	RP	
6.5.1(c)(1)	VENCorp may issue such emergency directions as it reasonably considers necessary.	RP	
6.5.1(c)(2)	Obligations of each Participant during an emergency.	CP	
6.5.1(d) 	Participants must use reasonable endeavours to ensure that its Customers act in a manner which enables the Participant to comply with its obligations.	RP	
6.5.1(e) 	VENCorp must decide which requirements are to prevail in the event of conflict between procedures, chapter 6 and an emergency direction.	RP	
6.5.2(b) 	Obligation of each Participant to comply with all such emergency directions.	CP	
6.5.2(e) 	Shortfall to be paid to VENCorp by Market Participants.	CP	
6.5.3(b) 	Obligation of Participants to comply with such emergency directions.	CP	
6.5.3(e) 	Shortfall to be paid to VENCorp by Market Participants.	CP	
6.6	System Security Threat		
6.6.1(a) 	Provision of details of threat to system security to Participants by VENCorp.	RP	
6.6.1(c) 	Obligation of Participants to provide information to VENCorp.	CP	
6.6.1.(d) 	VENCorp must treat information as confidential and only use it for certain purposes.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
6.6.1(e) 	Obligation of VENCorp to inform to Participants when threat to system security at an end.	RP	
6.6.2(a)	Facilitation of response to system security threat by VENCorp.	RP	
6.6.2(b)	Obligations on VENCorp to take certain action if insufficient time fora threat to system security to subside.	RP	
6.6.3(a)	If VENCorp believes that sufficient time exists for a threat to system security to subside without intervention, VENCorp must take certain action.	RP	
6.6.3(b) 	Obligation of Participants to comply with all requests and directions issued by VENCorp.	CP	
6.6.4	If VENCorp believes insufficient time exists for threat to system security to subside without intervention, VENCorp must intervene.	RP	
6.6.5.(c) 	Obligation of VENCorp to request the Adviser to establish a compensation panel and to refer the claim to the Adviser.	RP	
6.6.5(d) 	Obligation of Adviser to establish compensation panel.	RP	
6.6.5(e) 	Determination of issues by compensation panel.	RP	
6.6.5.(f) 	Conduct and bases of determination by compensation panel.	CP	
6.6.5(g) 	Compensation of Market Participant by VENCorp.	CP	
6.7	Force Majeure and Market Suspension		
6.7.1	Development and publication by VENCorp of administered price cap.	RP	
6.7.2(c) 	Notification by VENCorp of force majeure event.	RP	
6.7.2(d) 	Participants must use reasonable endeavours not to exacerbate and must mitigate effects of force majeure event.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
6.7.2(e) 	If any force majeure event occurs VENCorp must declare administered price period.	RP	
6.7.3(b) 	VENCorp must not declare the market to be suspended solely because of certain factors.	RP	
6.7.4	Declaration and notification of market suspension by VENCorp.	RP	
6.7.5(a) 	Market price during market suspension must be determined by VENCorp in accordance with clause 3.2.2.	RP	
6.7.6(c) 	VENCorp must request the Adviser to establish a compensation panel and to refer the claim to the Adviser for determination.	RP	
6.7.6(d) 	Adviser must establish compensation panel.	RP	
6.7.6(e) 	Compensation panel must make determination and notify VENCorp.	RP	
6.7.6(f) 	Conduct and bases of determination of compensation panel.	RP	
6.7.6(g) 	VENCorp must compensate the Market Participant in accordance with determination.	CP	
6.7.7	VENCorp must publish intervention report.	RP	
6.8	Review of Chapter 6		
6.8.1	Timing of review.	RP	
6.8.2	Terms of reference.	RP	
6.8.3	Process of review.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
7.	ENFORCEMENT AND DISPUTES		
7.1	Enforcement		
7.1.1(b) 	If VENCorp requests information from Participants, VENCorp must provide reasons.	RP	
7.1.1(c) 	Participants must comply with a request made by VENCorp.	CP	
7.1.1(e) 	Provision of assistance to investigator by Participants.	CP	
7.1.1(f) 	Cost of investigation to be met by Participants.	CP	
7.1.2	VENCorp obligations concerning alleged breaches of Rules.	RP	
7.1.5	Publication by VENCorp of report summarising decisions of VENCorp in relation to enforcement.	RP	
7.2	Dispute Resolution		
7.2.1(b) 	Obligation of parties to comply with the procedures.	RP	
7.2.1(c) 	Party must apply to the Regulator if parties cannot agree on procedures.	RP	
7.2.1(d) 	Regulator must decide and direct the parties.	RP	
7.2.1(g) 	Parties must comply with the decision of the Regulator.	RP	
7.2.2(a)-(c)	VENCorp must appoint Adviser, having regard to certain matters.	RP	
7.2.2(d) 	VENCorp may terminate appointment if, in its reasonable opinion, the Adviser does not meet the requirements.	RP	
7.2.2(e)-(h)	VENCorp, in consultation with the Adviser, must select group to constitute dispute resolution panel, having regard to certain matters.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
7.2.3(c)
	Adviser must notify all other parties of the dispute;
	Provision of information by parties if requested by Adviser.	
RP	
7.2.3(f) 	Appointment of dispute resolution panel and reference of dispute to dispute resolution panel by the Adviser.	RP	
7.2.4(a) 	Adviser must establish dispute resolution panel.	RP	
7.2.4(c) 	Dispute resolution panel must select procedures to apply to the dispute resolution process.	RP	
7.2.4(d) 	Venue to be determined by the dispute resolution panel.	RP	
7.2.4(e) 	Compliance by parties with any procedural requirements imposed by the dispute resolution panel.	CP	
7.2.4(f) 	Period within which the dispute resolution panel must give notice of its determination.	RP	
7.2.4(g) 	Provision of written notice to dispute resolution panel by the parties describing action taken following dispute resolution panel’s determination.	RP	
7.2.5(d) 	Adviser must notify all Participants who may be affected. 	RP	
7.2.5(e) 	Monies must be paid on the date specified for payment in the settlement statement.	CP	
7.2.6(a) 	Issue of revised settlement statement by VENCorp.	RP	
7.2.6(b) 	Payment by relevant Participant of the amount specified.	CP	

7.2.9	Determination is binding on the parties and the parties are obliged to comply with a determination.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration
Rule	Classification*	
7.2.10(a) 	Written details of the resolution must be sent to the Adviser by the chairman of the dispute resolution panel.	RP	
7.2.10(b) 	Summary of resolution to be sent by Adviser to VENCorp and the parties.	RP	
7.2.10(d) 	Results of dispute resolutions must be made available by VENCorp to certain persons.	RP	
7.2.13	Indemnification by VENCorp of Adviser and members of dispute resolution panel.	CP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
8.	RULES CHANGES		
8.1(a)	Rules may only be changed by the board of directors of VENCorp if certain matters are satisfied.	RP	
8.1(b)	Implementation of rule change by VENCorp on effective date.	RP	
8.1(c)	Rule change report must be developed and made available by VENCorp to Participants.	RP	
8.3	VENCorp must consider certain matters in assessing a proposed Rule change.	RP	
8.4(a)	Decision by VENCorp on Rule change proposed by other person as soon as possible unless VENCorp reasonably considers it has insufficient information or it is not practicable.	RP	
8.4(b)	VENCorp Board must not approve Rule change unless satisfied of certain matters. 	RP	
8.4(c)	If VENCorp Board rejects proposed Rule change, VENCorp must give notice.	RP	
8.5	Submission of proposed change by VENCorp to Regulator.	RP	
8.6	Assessment and notification by Regulator of proposed Rule change.	RP	
8.7	VENCorp must take certain action following Regulator’s decision.	RP	
8.8(a)	Notification by Regulator of approval of Rule change to VENCorp.	RP	
8.8(b)	Written notice of rule change by VENCorp to all Participants.	RP	
8.8(c)	Notification to Participants by VENCorp of the date on which the rule change is to take effect.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
9.	TRANSITIONAL ARRANGEMENTS		
9.1.1(a)	VENCorp must establish a gas market review committee by 1 September 1999.	RP	
9.1.1(b)	Gas market review committee to consist of certain members.	RP	
9.1.1(c)	VENCorp must appoint one member of the gas market review committee to act as Chairman.	RP	
9.1.1(d)	VENCorp must provide administrative support.	RP	
9.1.1(e)	The gas market review committee must prepare procedures for governing its operation and review the need for a change to locational and hourly pricing.	RP	
9.1.1(f)	The gas market review committee must undertake a review in accordance with public consultation procedures and may engage suitably qualified external consultants.	RP	
9.1.1(g)	VENCorp is to fund the costs of engaging consultants from market fees.	RP	
9.1.1(h)	The gas market review committee must take into account certain factors.	RP	
9.1.1(i)	The gas market review committee must prepare and submit a report by 1 December 1999.	RP	
9.1.1(j)	The report submitted by the gas market review committee must include certain information (if the committee endorses the change to hourly and locational pricing).	RP	
9.1.1(k)	If the gas market review committee concludes that hourly, locational pricing should not be introduced, the report (submitted under clause 9.1.1(i)) must contain a recommendation for Rules changes.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

Rule	Classification*	
9.1.1(l)	VENCorp must establish procedures for transition to locational and hourly pricing if recommended by gas market review committee.	RP	
9.1.1(m)	If gas market review committee does not reach a conclusion, VENCorp must proceed with transition to hourly and locational pricing.	RP	
9.1.2	VENCorp must give effect to contract for Interconnect between Victoria and New South Wales and amend these Rules.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration
Rule	Classification*	

10.	INTERPRETATION		
10.5	Participants must not assign rights or obligations under these Rules.	CP	
10.7	Method of payment under Rules.	CP	
10.9	Records and documents must be retained for seven years.	RP	

*	CP = conduct provision (any person can bring action) - damages/declaration/injunction
	RP = regulatory provision (Regulator, only, can bring action) - injunction/declaration

CHAPTER 8.	RULES CHANGES

8.	RULES CHANGES

8.1	Changing these Rules
(a)	These Rules may only be changed by the Board of Directors of VENCorp in accordance with clause 8.1(b) if:
(1)	any person including VENCorp proposes a Rule change; and
(2)	where the Rule change is proposed:
(A)	by a person other than VENCorp, the Board of Directors of VENCorp approves the proposed Rule change under clauses 8.3 and 8.4; or
(B)	by VENCorp, VENCorp has complied with clause 8.3 and the Board of Directors of VENCorp is satisfied that the Rule change satisfies the provisions of clause 8.2(b)(3) and is consistent with the performance by VENCorp of the VENCorp functions; and
(3)	when clause 8.1(a)(2) is satisfied, the Regulator then approves the proposed Rule change and if necessary, grants an authorisation in respect of these Rules as amended by the proposed Rule change in accordance with clauses 8.6, 8.7 and 8.8.
(b)	A Rule change will become effective on the date specified in a notice sent to Participants by VENCorp in accordance with clause 8.8 and VENCorp must do all things necessary to implement the Rule change on that date.
(c)	VENCorp must develop and, during March and September each year, make available to Participants a report which sets out:
(1)	all  Rule change proposals which have been made in the previous six month period and any decisions (but not the reasons for those decisions) and any requests for further information made by VENCorp under clause 8.4 in relation to those Rule change proposals;
(2)	the progress of those Rule change proposals in accordance with the procedures prescribed in this chapter 8;
(3)	the reason for any delays in relation to the progress of those Rule change proposals and any action VENCorp has taken to overcome those delays; and
(4)	any other matter which VENCorp reasonably considers to be relevant to the progress of Rule change proposals, including but not limited to any policies developed by VENCorp in relation to:
(A)	the way in which it intends to deal with any procedure specified in this chapter 8; and
(B)	the facts, matters or circumstances which VENCorp may take into account in making a decision and otherwise discharging its functions and obligations under this chapter 8,
providing that nothing in this clause 8.1(c)(4) is to be taken to limit the exercise by VENCorp of its discretion under this chapter 8.
8.2	Proposals by persons other than VENCorp
(a)	If a person other than VENCorp proposes a Rule change, that person must submit the proposed Rule change to VENCorp.
(b)	A submission made under clause 8.2(a) must:
(1)	be in writing;
(2)	include the name and address of the applicant;
(3)	demonstrate that the Rule change is:
(A)	consistent with the market objectives;
(B)	feasible;
(C)	not unreasonably costly to implement; and
(D)	a more appropriate or better means of achieving the criteria set out in  clauses 8.2(b)(3)(A) to (C), where the effect of the Rule change will be to replace an existing Rule;
(4)	include a brief statement of the reasons why a Rule change is necessary or desirable; and
(5)	contain sufficient information to permit a proper consideration by VENCorp of those reasons, including the public benefit (if any) of making the Rule change.
(c)	A submission made under clause 8.2(a) may include a draft of the relevant Rule change.
8.3	VENCorp’s consideration of proposed Rule change
In considering a Rule change proposed by a person other than VENCorp, or before itself proposing a Rule change, VENCorp:
(a)	must take into account any information and documents which VENCorp reasonably considers to be relevant to its consideration of the proposed Rule change;
(b)	must consult with persons who VENCorp reasonably considers will be likely to be affected by the proposed Rule change; and
(c)	may seek such information and views from any person in relation to the submission as may be practicable in the circumstances, having regard to the nature of the proposed Rule change.
8.4	VENCorp decision on Rule change proposed by other person
(a)	Subject to clauses 8.4(b) and (c), the Board of Directors of VENCorp must make a decision to approve or reject a Rule change proposed in accordance with clause 8.2 as soon as practicable but in any event within sixty days of making or receiving a proposal for a Rule change unless:
(1)	VENCorp reasonably considers that it has insufficient information to enable it to make a decision under this clause 8.4 in which case VENCorp may request the person who made the submission under clause 8.2(a) to provide to VENCorp that further information and the sixty day period within which VENCorp is otherwise required to make a decision under this clause 8.4 is then to be extended by the number of days in the period commencing on the day of VENCorp’s request for further information to and including the day on which VENCorp received that information; or
(2)	VENCorp reasonably considers that due to the nature of the proposed Rule change and the supporting information to be assessed by the Board of Directors of VENCorp in making its decision under this clause 8.4, it is not practicable for VENCorp to make a decision within sixty days in which case VENCorp may extend the period within which it must make a decision under this clause 8.4 by a maximum further period of thirty days, resulting in a total maximum period of ninety days.
(b)	The Board of Directors of VENCorp must not decide to approve a Rule change proposed in accordance with clause 8.2 unless satisfied that the Rule change is consistent with the performance by VENCorp of the VENCorp functions.
(c)	If the Board of Directors of VENCorp decides to reject a Rule change proposed in accordance with clause 8.2:
(1)	VENCorp must give notice of its decision to the person or persons who made the submission; and
(2)	that decision is final.
8.5	Application to the Regulator for approval
(a)	If a Rule change is:
(1)	proposed by VENCorp; or
(2)	proposed by a person other than VENCorp and approved by the Board of Directors of VENCorp in accordance with clauses 8.3 and 8.4,
that proposed Rule change must then be submitted to the Regulator by VENCorp as soon as practicable for consideration.
(b)	A proposed Rule change which is submitted to the Regulator under clause 8.5(a) must be accompanied by:
(1)	any supporting information that VENCorp:
(A)	considers relevant and appropriate; and
(B)	is able to provide to the Regulator,
to enable the Regulator properly to assess the merits of the Rule change;
(2)	a description of the possible effect (if any) of the Rule change on access arrangements given under the Access Code;
(3)	a description of the possible effect (if any) of the Rule change on any authorisations granted by the Regulator in respect of these Rules or whether the Rule change otherwise requires authorisation by the Regulator;
(4)	a statement from VENCorp confirming that the procedures set out in this chapter 8 have been followed in relation to the proposed Rule change;
(5)	the date on which the proposed Rule change is to take effect; and
(6)	if the proposed Rule change is to be made with retrospective effect, the reasons for applying the Rule change retrospectively.
8.6	The Regulator’s assessment of Rule change
(a)	When a proposed Rule change is submitted to the Regulator under clause 8.5, the Regulator must assess the proposed Rule change and provide an indicative opinion to VENCorp as to whether:
(1)	the proposed Rule change would or would be likely to:
(A)	materially change the circumstances or conditions of any authorisation granted by the Regulator in respect of these Rules; or
(B)	materially change the circumstances of any access arrangement given to the Regulator under the Access Code; or
(C)	result in a contravention of a provision of the Trade Practices Act 1974 (Comm) for which no authorisation granted by the Regulator exists; or
(2)	the procedures in this chapter 8 were not substantially followed in relation to the proposed Rule change; or
(3)	any combination of these matters applies.
(b)	The Regulator may, before providing its indicative opinion under clause 8.6(a), require VENCorp to provide more information in relation to the proposed Rule change.
(c)	For the avoidance of doubt:
(1)	the functions and powers conferred on the Regulator under this clause 8.6 are conferred pursuant to section 48M(3) of the Gas Industry Act and not pursuant to any other Act or law; and
(2)	the indicative opinion given by the Regulator under clause 8.6(a) will in no way bind the Regulator nor constrain or fetter the Regulator’s functions, powers or discretions under the Trade Practices Act, the Access Code, the Gas Industry Act or any other applicable Act or law.
8.7	VENCorp response to the Regulator’s decision
(a)	If the Regulator gives an indicative opinion that any of the matters set out in clause 8.6(a)(1) apply, VENCorp must submit an application to the Regulator for the purpose of:
(1)	obtaining an authorisation (or varying an existing authorisation) in respect of the proposed Rule change; and/or
(2)	amending an existing approval (or seeking approval) of an access arrangement given under the Access Code as amended by the proposed Rule change.
(b)	If the Regulator gives an indicative opinion that the procedures in this chapter 8 were not substantially followed, VENCorp must take such action as may be necessary to satisfy the Regulator that those procedures have substantially been followed.
(c)	If the Regulator requires further information to enable the Regulator to give an indicative opinion under clause 8.6(a), then subject to clause 5.4, VENCorp must use reasonable endeavours to obtain and provide to the Regulator that further information.
(d)	Nothing in this clause 8.7 prevents VENCorp making an application to the Regulator for a variation to an existing authorisation or for a new authorisation or for an amendment to an approved access arrangement or for approval of a new access arrangement at any time and notwithstanding any indicative opinion given under clause 8.6(a) indicating that such an application is not required.
(e)	If the Regulator declines jurisdiction to grant an authorisation in response to an application made to the Regulator for an authorisation (including a variation of an existing authorisation) then VENCorp may implement the Rule change in accordance with clause 8.8(a) as if the Regulator had granted the authorisation (or the variation).
8.8	Implementation of Rule change
(a)	If the Regulator has granted an authorisation (including a variation of an existing authorisation) or approved an access arrangement (including amendment of an existing access arrangement) as contemplated by clause 8.7, VENCorp must provide written notice of the Rule change to all Participants as soon as practicable and in any event within ten business days of receiving notification of the Regulator’s approval.
(b)	A notice to Participants provided by VENCorp under clause 8.8(a) must specify the date on which the Rule change is to take effect which, subject to clause 8.8(d), must be a date no more than seven days after that notice is sent to Participants by VENCorp, unless:
(1)	VENCorp in its absolute discretion considers there to be justification for implementing the Rule change with effect from a date more than seven days after that notice is sent to Participants; or
(2)	these Rules require the Rule change to take effect after or within a particular period which is more than seven days after that notice is sent to Participants,
in which case the Rule change will take effect on the date specified in that notice.
(c)	A Rule change may be made with retrospective effect, if the Board of Directors of VENCorp considers that it is necessary to do so in the circumstances, including but not limited to where these Rules contain a manifest error or where procedural requirements in these Rules produce unintended consequences.
(d)	Nothing in this clause 8.8 prevents VENCorp from implementing a Rule change in circumstances where the Regulator has given an indicative opinion under clause 8.6(a) indicating that:
(1)	no application for authorisation (including a variation of an existing authorisation) is required; and/or
(2)	no application for approval of an access arrangement (including an amendment to an existing access arrangement) is required.
(e)	If a Rule change is made under clause 8.8(d), then that Rule change will be implemented:
(1)	by VENCorp providing written notice of the Rule change to Participants in accordance with clauses 8.8(a) and (b); and
(2)	 with retrospective effect if clause 8.8(c) applies.

CHAPTER 9.	TRANSITIONAL ARRANGEMENTS
AND DEROGATIONS

9.1	TRANSITIONAL ARRANGEMENTS 

9.1.1	Change to locational hourly pricing
(a)	VENCorp must, by 1 September 1999, establish a gas market review committee in accordance with clause 9.1.1(b) to determine the need for and detailed requirements for implementing a change to the mechanism by which the market price is set under clause 3.2, to a pricing mechanism which comprises trading intervals of one hour duration and more than one pricing zone.
(b)	The gas market review committee established by VENCorp under clause 9.1.1(a), is to be comprised of at least the following members:
(1)	two persons nominated by the VENCorp Board;
(2)	three persons nominated by Retailers;
(3)	one person nominated by a Transmission Pipeline Owner;
(4)	one person nominated by Market Customers; and 
(5)	at least one person nominated by Producers and Storage Providers.
(c)	VENCorp must appoint one of the members of the gas market review committee to  act as chairman of the gas market review committee. 
(d)	VENCorp must provide administrative support to enable the gas market review committee to fulfil its obligations under this clause 9.1.1. 
(e)	The gas market review committee must:
(1)	by 8 September 1999, prepare, and submit for approval by the Board of  VENCorp, procedures for governing its operation; and 
(2)	as soon as practicable after its establishment under clause 9.1.1(a), undertake a review, in accordance with clauses 9.1.1(f) and 9.1.1(h), of past and projected future operation of the market to determine the need for the introduction of locational and hourly pricing by 1 December 2000 in accordance with clause 3.2.5.
(f)	When conducting its review under clause 9.1.1(e)(2), the gas market review committee:
(1)	must, by 1 December 1999, undertake a review regarding a change to locational and hourly pricing, in accordance with the public consultation procedures; and 
(2)	may, subject to the approval of cost by the Board of VENCorp, engage suitably qualified external consultants to assist with the review or to participate in the committee. 
(g)	The costs of engaging external consultants in accordance with clause 9.1.1(f)(2) must be funded by VENCorp from market fees raised under clause 2.6. 
(h)	When conducting its review under clause 9.1.1(e)(2), the gas market review committee must take into account all factors it considers relevant including but not limited to:
(1)	the extent of historical and projected future ancillary payments in relation to gross market turnovers;
(2)	the effectiveness of these Rules in dealing with transportation capacity, access, and facilitation of investment;
(3)	likely future market or transmission system developments, such as increased diversity in the sources of gas supply;
(4)	the equitable preservation (as far as practicable) of Participants’ market rights and risk positions; 
(5)	the interests of Customers;
(6)	the market objectives; and
(7)	overall market efficiency and competitiveness.
(i)	The gas market review committee must, by 1 December 1999, prepare, and submit to the Board of VENCorp, a report which sets out:
(1)	its conclusion as to whether the change to locational and hourly pricing by 1 December 2000 in accordance with clause 3.2.5, should, or should not, be made; and
(2)	a reasonably detailed justification for its conclusion.
(j)	If the gas market review committee endorses the change to hourly and locational pricing, the report which it provides to VENCorp under clause 9.1.1(i) must also include:
(1)	a reasonably detailed functional description of the proposed new market arrangements, including mechanisms and procedures (if any) for Participants to manage the risks associated with the change to hourly and locational pricing; and 
(2)	details of any pre-conditions which must be met prior to implementation of the change including:
(A)	satisfactory implementation of appropriate risk management mechanisms; and 
(B)	satisfactory implementation of necessary infrastructure, scheduling software and systems to reliably and effectively support locational and hourly pricing.
(k)	If the gas market review committee concludes locational and hourly pricing should not be introduced in accordance with these Rules, the report which it provides to VENCorp under clause 9.1.1(i) must contain a recommendation for appropriate Rules changes to be made in accordance with chapter 8. 
(l)	If the gas market review committee report to the VENCorp Board under clause 9.1.1(i) endorses the change to locational and hourly pricing in accordance with clause 3.2.5, VENCorp must establish, and co-ordinate appropriate procedures to ensure the smooth and timely transition to locational and hourly pricing including:
(1)	the drafting of necessary changes to these Rules in accordance with chapter 8 to make provision for the functional arrangements determined by the gas market review committee under clause 9.1.1(j)(1);
(2)	the determination of how any surpluses and/or deficits which may accrue in the VENCorp settlements function as a consequence of the existence of locational and hourly pricing will be applied; and
(3)	if appropriate, the establishment of mechanisms by which Participants can manage their risks and exposures associated with locational and hourly price differences;
(4)	subject to clause 9.1.1(l)(5), make an allocation of rights to enable the management of risks and exposures associated with locational and hourly price differences;
(5)	prior to making an allocation of rights under clause 9.1.1(l)(4), appoint a suitably qualified independent person who must, in accordance with terms of reference to be prepared by VENCorp in accordance with clause 9.1.1(l)(6), provide recommendations to VENCorp as to the most appropriate methodology to be adopted for the allocation of those rights;
(6)	a requirement that the independent person undertakes its analysis and make its recommendations under clause 9.1.1(l)(5), taking into consideration each of the following:
(A)	to the extent practicable, there should be equitable preservation of Participants’ market rights and risk positions; and
(B)	to the extent practicable, persons who have received an allocation of authorised MDQ under clause 5.3.3 should receive an allocation of rights that leaves that person in a position that is no less favourable to them in respect of that allocation; and 
(7)	arrange for the implementation, testing and operational acceptance of systems and procedures of VENCorp and Participants, as required, to effect the gas market review committee’s recommendations.
(m)	If the gas market review committee is unable to reach a conclusion under clause 9.1.1(i) by 1 December 1999, the Board of VENCorp is to proceed in accordance with clause 9.1.1(l) as if the gas market review committee had concluded that the change to hourly and locational pricing should proceed.
9.1.2	Interconnect between Victoria/New South Wales
(a)	VENCorp must:
(1)	give effect to any agreement reached by VENCorp or any other person with East Australian Pipelines Limited (A.C.N. 064 629 009) for the purpose of providing for the carriage of gas through the interconnected transmission pipeline between Barnawartha in the State of Victoria and Culcairn in the State of New South Wales (commissioned on or about 12 August 1998); and
(2)	in consultation with any consultative committee established by VENCorp and on which there are representatives of Market Participants, develop rules to be incorporated into these Rules to give effect to the terms of an agreement referred to in clause 9.1.2(1) and any ancillary and consequential matters.
(b)	For the avoidance of doubt, all rules developed under clause 9.1.2(a) must be proposed in accordance with the rule change procedures in chapter 8.

9.2	DEROGATIONS
9.2.1	Longford measuring station
(a)	The provisions of clause 4.4 (other than the provisions of clauses 4.4.2(a)(1) and (3), 4.4.3, 4.4.5, 4.4.6(b) and (e), 4.4.12, 4.4.14 (a)(2) and (3), (b) and (c), 4.4.15(a), 4.4.17, 4.4.18, 4.4.19, 4.4.20, 4.4.21(a), (b), (d) and (e), 4.4.22, 4.4.23, 4.4.24, 4.4.25, 4.4.26 and 4.4.27) do not apply to the metering installation which is adjacent to the system injection point at Longford and which is the subject of the gas sales agreement dated 20 November 1996 between Esso Australia Resources Ltd, BHP Petroleum (Bass Strait) Pty Ltd and Gascor.
(b)	The derogation contained in clause 9.2.1(a) ceases when the metering installation referred to in that clause is replaced, upgraded or materially modified.

CHAPTER 10	INTERPRETATION

10	INTERPRETATION

10.1	Interpretation
In interpreting or applying any provision of these Rules, such fair large and liberal interpretation shall be given as will best achieve the intent and object of these Rules both generally and in any specific case.
10.2	General
In these Rules, unless the context otherwise requires:
(a)	headings are for convenience only and do not affect the interpretation of these Rules;
(b)	words importing the singular include the plural and vice versa;
(c)	words importing a gender include any gender;
(d)	where italicised, a word or phrase has the definition given to that word or phrase in chapter 11;
(e)	other parts of speech and grammatical forms of a word or phrase defined in these Rules have a corresponding meaning;
(f)	an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency;
(g)	a reference to any thing (including, but not limited to, any right) includes a part of that thing;
(h)	a reference to a clause, paragraph, part, annexure, exhibit or schedule is a reference to a clause and paragraph and part of, and an annexure, exhibit and schedule to these Rules and a reference to these Rules includes any annexure, exhibit and schedule;
(i)	a reference to a statute, regulation, proclamation, order in council, ordinance or by-law includes all statutes, regulations, proclamations, orders in council, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, orders in council, ordinances, and by-laws issued under that statute;
(j)	a reference to these Rules or to a document or a provision of a document includes an amendment or supplement to, or replacement or novation of, these Rules or that document or that provision of that document;
(k)	a reference to a person includes that person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and permitted assignees; 
(l)	a reference to a body other than a Participant or VENCorp (including, without limitation, an institute, association or authority), whether statutory or not:
(1)	which ceases to exist; or
(2)	whose powers or functions are transferred to another body,
is a reference to the body which replaces it or which substantially succeeds to its powers or functions;
(m)	a reference in the context of any provision of these Rules to a “representative” of any person is a reference to any director, officer or employee of that person or any agent, consultant or contractor appointed or engaged by that person for purposes connected with the subject matter of the relevant provision of these Rules;
(n)	nothing contained in a document referred to in these Rules, beyond what is expressly contemplated by these Rules as being contained in such document or is necessary for the purposes of giving effect to a provision of these Rules, shall modify or have any effect for the purposes of these Rules or be construed as relevant to the interpretation of these Rules; and
(o)	a reference to any act, matter or thing to be done is a reference to an act, matter or thing to be done in Victoria.
10.3	Times and dates
(a)	Unless the context otherwise requires, a reference in these Rules:
(1)	to a calendar day (such as 1 January) or a day of the week (such as Sunday) is to the day which begins at 00:00 hours on that day;
(2)	to a week is to the period from 00:00 hours on a day until 00:00 hours on the seventh day following;
(3)	to a month (or a number of months) or a calendar month is to the period from 00:00 hours on a day in one month until 00:00 hours on the same day of the month which follows (or follows by the relevant number of months), or if there is no such day in that month, 00:00 hours on the first day of the next following month;
(4)	to a year is to the period from 00:00 hours on a day in one year until 00:00 hours on the same day (or where the day in the first year was 29 February, on 1 March) in the following year, and a reference to a calendar year (such as 1997) is to be construed accordingly; and
(5)	to times of the day are to Eastern Standard Time.
(b)	Unless the context otherwise requires, a period of time: 
(1)	which dates from a given day or the day of an act or event is to be calculated exclusive of that day; or
(2)	which commences on a given day or the day of an act or event is to be calculated inclusive of that day.
(c)	Where under any provision of these Rules a person is required to provide any information by a certain date or time, the relevant provision is to be taken to include a requirement that that information must be provided not earlier than is reasonable before that date or time.
(d)	Notwithstanding any other provision of these Rules, VENCorp may with the prior agreement of all affected Participants amend any amount, date, time or period of time specified in these Rules in any particular case or generally, whether before or after the expiry of that date, time or period of time as the case may be, provided that if such agreement is not obtained, VENCorp may, on notice given to all affected Participants and with the approval of the Regulator, amend any such amount, date, time or period of time in any particular case or generally, whether before or after the expiry of that date, time or period of time, as the case may be.
10.4	Technical interpretation
(a)	Unless the context otherwise requires, for the purposes of these Rules:
(1)	a “quantity” of gas is a quantity in joules; and
(2)	a “volume” of gas is a volume in standard cubic metres.
(b)	The following terms have the following meanings in these Rules:
(1)	“gas” means any naturally occurring:
(A)	hydrocarbon in a gaseous state consisting principally of methane; or
(B)	mixture of hydrocarbons in a gaseous state consisting principally of methane which may contain other gases (including the residue resulting from the treatment of processing of natural gas),
and includes gas that has been injected into and stored in a storage facility;
(2)	“gigajoule” or “GJ” means 1,000 megajoules;
(3)	“joule” means the joule as defined in AS1000-1979 “The International Systems of Units (SI) and its Application”;
(4)	“kPa” or “kilopascal” means 1,000 pascals as defined in AS1000-1979 “The International System of Units (SI) and its Application”;
(5)	“megajoule” or “MJ” means 1,000,000 joules; 
(6)	“standard cubic metre” or “m³” means the quantity of dry gas at a temperature of 15 degrees celsius and an absolute pressure of 101.325 kPa enclosed in a volume of one cubic metre; and
(7)	“terajoule” or “TJ” means 1,000 gigajoules.
(c)	Unless otherwise expressly defined, all reference to units of measurements in these Rules are references to the units of measurement defined in or for the purposes of the National Measurement Act 1960 (Commonwealth).
(d)	Gas measured and stated for the purposes of these Rules is to be measured and stated by reference to its energy content.
(e)	Where to give effect to any provision of these Rules it is necessary to do so, a rate of injection or withdrawal of gas, or any amount of capacity or storage capacity, expressed in quantity or volume units per day, or per hour, must be treated as expressed in any other such units on the basis of the appropriate conversion.
(f)	Unless the context otherwise requires, a reference to an injection of gas into, or a withdrawal of gas from, the transmission system by a person (or any obligation, right, intention or undertaking by or of a person in respect of such an injection or withdrawal) includes an injection or withdrawal of gas by another person on behalf of that person and a person is to be taken as having injected or withdrawn gas if it arranges for another person to inject or withdraw gas on its behalf. 
10.5	Assignment
Unless otherwise expressly permitted by these Rules, a Participant must not assign or transfer and must not purport to assign or transfer any of its rights or obligations under these Rules.
10.6	Waiver
A person does not waive its rights, powers and discretions under these Rules by:
(a)	failing to exercise its rights;
(b)	only exercising part of its rights; or
(c)	delaying the exercise of its rights.
10.7	Payment
(a)	Unless otherwise provided in these Rules, any payment to be made under these Rules must be made either by the EFT facility or in cash or by a draft or cheque drawn by a bank as defined in the Banking Act 1959 (Comm).
(b)	Unless the context otherwise requires, a reference in these Rules to an interest rate published in respect of a specified day must, if that interest rate is not published, authorised or otherwise available in respect of that day, be taken to be the relevant interest rate published immediately prior to that day; and if that interest rate is suspended, modified, discontinued, or its method of calculation substantially alters or if the relevant publication ceases to publish that interest rate for more than seven consecutive days, VENCorp must provide a substitute rate of interest that in VENCorp’s reasonable opinion is the nearest equivalent to the interest rate and that substitute rate of interest must be taken to be the applicable interest rate.
10.8	Notices
(a)	A notice is properly given under these Rules to a person if:
(1)	it is personally served;
(2)	a letter containing the notice is prepaid and posted to the person at an address (if any) supplied by the person to the sender for service of notices or, where the person is a Participant, an address shown for that person in the register of Participants maintained by VENCorp, or, where the addressee is VENCorp, the registered office of VENCorp;
(3)	it is sent to the person by facsimile or electronic mail to a number or reference which corresponds with the address referred to in clause 10.8(a)(2) or which is supplied by the person to VENCorp for service of notices and, if sent by electronic mail, the person sending the notice also sends a copy of the notice by letter or facsimile to the person on the same day; or
(4)	the person receives the notice.
(b)	A notice is treated as being given to a person by the sender:
(1)	where sent by post in accordance with clause 10.8(a)(2) to an address in the central business district of a capital city of Australia, on the second business day after the day on which it is posted; and 
(2)	where sent by post in accordance with clause 10.8(a)(2) to any other address, on the third business day after the day on which it is posted;
(3)	where sent by facsimile in accordance with clause 10.8(a)(3) and a complete and correct transmission report is received:
(A)	where the notice is of the type in relation to which the addressee is obliged under these Rules to monitor the receipt by facsimile outside of, as well as during, business hours, on the day of transmission; and
(B)	in all other cases, on the day of transmission if a business day or, if the transmission is on a day which is not a business day or is after 4.00 pm (addressee's time), at 9.00 am on the following business day;
(4)	where sent by electronic mail in accordance with clause 10.8(a)(3):
(A)	where the notice is of a type in relation to which the addressee is obliged under these Rules to monitor receipt by electronic mail outside of, as well as during, business hours, on the day when the notice is recorded as having been first received at the electronic mail destination; and
(B)	in all other cases, on the day when the notice is recorded as having been first received at the electronic mail destination, if a business day or if  that time is after 4.00 pm (addressee’s time), or the day is not a business day, at 9.00 am on the following business day; or 
(5)	in any other case, when the person actually receives the notice.
(c)	Any notice to or by a person under these Rules:
(1)	must be in legible writing and in English; and
(2)	where the sender is a company, must be signed by a director or secretary of that company or under the common seal of the sender (except where the notice is sent by electronic mail).
(d)	Where a specified period (including, without limitation, a particular number of days) must elapse or expire from or after the giving of a notice before an action may be taken neither the day on which the notice is given nor the day on which the action is to be taken may be counted in reckoning the period.
(e)	In this clause 10.8, a reference to:
(1)	an addressee includes a reference to an addressee's officers, agents, or employees or any person reasonably believed by the sender to be an officer, agent or employee of the addressee; and
(2)	a notice includes any request, demand, consent or approval or other communication to or by a person under these Rules.
10.9	Retention of records and documents
Unless otherwise specified in these Rules, all records and documents prepared for or in connection with these Rules must be retained for a period of at least seven years.
10.10	Severability
Each part or all of a provision of these Rules:
(a)	will be construed so as to be valid and enforceable to the greatest extent possible; and
(b)	may be so construed (or deleted if necessary) regardless of the effect which that may have on the provision in question or any other provision or these Rules as a whole.

CHAPTER 11.	GLOSSARY

11.	GLOSSARY

access arrangement	An arrangement for access to a pipeline or part of a pipeline, including the associated access arrangement information, that has been approved by the Regulator or the ORG pursuant to sections 2.11 or 2.23 of the Access Code.	
Access Code	The Victorian Third Party Access Code for Natural Gas Pipeline Systems established under the Gas Industry Act, and where applicable, subject to sections 24A and 24B of the Gas Pipelines Access (Victoria) Act 1998, the new Access Code as more particularly described in section 24A of that Act.	
actual deviation	The positive or negative amount by which the actual injection or withdrawal of gas (as the case may be) for the hour exceeds the injection or withdrawal (as the case may be) specified in the pricing schedule for that hour.	
adjusted withdrawals	The adjusted quantities of gas withdrawn as determined in accordance with clause 3.6.4(d). 	
administered price cap	A price cap determined in accordance with clause 6.7.1 which will apply during an administered price period.	
administered price period	A period declared by VENCorp in accordance with clause 6.7.2, during which an administered price cap will apply.	
Adviser	A person appointed by VENCorp under clause 7.2.2(a). 	
affected Participant	In relation to a metering installation, a Participant who is entitled to access to metering data from that metering installation in accordance with clause 4.4.22.	
allocate	The process of determining an allocation.	
allocation 	The quantity of gas treated as having been injected or withdrawn by a Market Participant at a system point in a trading interval as determined in accordance with clause 3.5.	

Allocation Agent	A person who has been appointed by a Market Participant to submit injection allocation statements or withdrawal allocation statements under clauses 3.5.2 or 3.5.3.	
allocation algorithm	The algorithm which VENCorp is required to establish under clause 3.5.4(a).	
ancillary payment	A payment made to a Market Participant under clause 3.6.7.	
annual planning review 	The forecasts to be provided by VENCorp under clause 5.2.2.	
authorised MDQ	In respect of a Customer, the maximum daily quantity of gas, expressed in GJ/day, which is authorised by VENCorp to be withdrawn by or on behalf of that Customer, in accordance with the allocation of MDQ under clauses 5.3.2, 5.3.3 and 5.3.4.	

available LNG capacity	The amount of LNG storage capacity which a person holds at any time on a gas day less the amount of that person’s LNG stock at that time.	
billing period	The period of one calendar month commencing on 9.00 am on the first day of each calendar month.	
BOC	BOC Gases Australia Limited.	
BOC Agreement	The agreement dated 17 May 1995 between BOC and TPA relating to the LNG storage facility and any amendments or variations to that agreement.	
business day	A day other than Saturday, Sunday or a day which has been proclaimed to be a public holiday in Victoria.	
commencement date	The date on which these Rules first apply in accordance with clause 1.1.4.	
communication link	All communication equipment and arrangements that lie between the meter or data logger and the metering database.	
compensation panel	A panel selected by the Adviser under clauses 6.6.5 and 6.7.6 to make determinations relating to compensation during administered price periods and periods of intervention and market suspension.	
confidential information	Information which is or has been provided to or by a Participant or VENCorp under or in connection with these Rules and is stated under these Rules to be, or is classified by VENCorp as, confidential information or is otherwise confidential or commercially sensitive information or is information which is derived from any such information.	
connect	To connect a pipeline or pipeline equipment to the transmission system or modify an existing connection.	
Connected Party	A person (other than a Transmission Pipeline Owner) who is party to a connection agreement or who owns, operates or controls a pipeline or pipeline equipment which is connected to the transmission system.	
connection	A physical connection between a pipeline or pipeline equipment and the transmission system or a modification of such a connection.	
connection agreement	An agreement between a Transmission Pipeline Owner and another person pursuant to which a pipeline or pipeline equipment owned, operated or controlled by that other person is connected to the transmission system.	
Connection Applicant	A person who wants to establish a connection to the transmission system and who makes a connection application pursuant to clause 4.1.6.	
connection equipment	Any pipeline equipment which, in the reasonable opinion of VENCorp, is associated with a connection point, including valves, pressure regulators and metering equipment.	
connection point	A delivery point, a transfer point or a receipt point.	
consumer surplus	In respect of a Market Participant who withdraws gas, the deemed value of the Market Participant’s withdrawals as implied by its inc/dec offers, less the product of the market price multiplied by the quantity of those withdrawals.	
controllable quantity	A quantity of gas which may be withdrawn at a delivery point and modified on a gas day in accordance with a withdrawal inc/dec offer which has been accredited by VENCorp.	
credit support	An obligation owed to VENCorp by a third party supporting the obligations of a Market Participant under clause 3.7.2.	
Credit Support Provider	The party which assumes credit support obligations to VENCorp under clause 3.7.2. 	
curtailment	The curtailment or interruption of a Customer’s supply of gas at its delivery point which occurs when VENCorp intervenes or issues an emergency direction.	
Customer	A person who purchases gas and consumes that gas at particular premises. 	
daily EoD linepack credit	An amount determined in respect of each gas day for each Market Participant in accordance with clause 3.6.9(a).	
daily EoD linepack debit	An amount determined in respect of each gas day for each Market Participant in accordance with clause 3.6.9(a).	
data collection system	All equipment and arrangements that lie between the metering database and the point where the metering data enters the public telecommunications network.	
data logger	A device that collects energy data and is capable of being accessed electronically by VENCorp via the data collection system.	

default event	Any one or more of the events listed in clause 3.6.21.	
default interest rate	An interest rate of 2% above the interest rate.	
default notice	A notice issued by VENCorp under clause 3.6.21(b).	
delivery point	A point on a pipeline at which gas is withdrawn from the pipeline and delivered to a Customer or injected into a storage facility.	
dispute resolution panel	A panel of persons or person appointed by the Adviser under clause 7.2.4(a) to resolve a dispute or disputes under or in connection with these Rules.	
Distribution Customer	A Customer who withdraws gas at a distribution delivery point.	
distribution delivery point	A point on a distribution pipeline at which gas is withdrawn from that distribution pipeline and delivered to a Customer or injected into a storage facility.	

distribution pipeline	A pipeline for the conveyance of gas:
(a)	which has a maximum allowable operating pressure of up to 1050 kPa; or
(b)	which:
(1)	has a maximum allowable operating pressure greater than 1050 kPa;
(2)	is functionally distribution in nature (ie few inputs and many outputs); and
(3)	is individually and uniquely identified by a pipeline licence number in the Distributor’s access arrangement.	
Distribution System Code	The Distribution System Code which forms part of a Distributor’s access arrangement.	
Distributor	A person who operates a distribution pipeline and who is required to submit or has submitted an access arrangement.	
EFT facility	The Reserve Bank real time gross settlement facility which is made available to all Market Participants in accordance with clause 3.6.2 or where a Reserve Bank real time gross settlement facility is not available, an electronic funds transfer facility to be arranged by VENCorp and made available for all Market Participants in accordance with clause 3.6.2.	
electronic communication system	A system used by Participants and VENCorp for exchange of information in accordance with clause 5.1.2(a).	
electronic communication procedures	The procedures established by VENCorp and updated from time to time in accordance with clause 5.1.2(e).	
emergency	An event or situation described in clause 6.2.1(a).	
emergency curtailment list	The list to be prepared by VENCorp under clause 6.4.3.	
emergency directions	Directions issued by VENCorp in an emergency under clause 6.5.	
emergency procedures	The procedures described in clause 6.2.2(a) and set out in the document described in clause 6.2.2(c).	
energy calculation	The calculation of the energy content of a quantity of gas in accordance with clause 4.4.13.	
energy data	Data relating to the volume, pressure and temperature of gas.	
EoD linepack	A notional quantity of gas, expressed in GJ, which a Market Participant may bid for in accordance with clause 3.4 and which, if allocated to a Market Participant, confers on that Market Participant the rights and obligations set out in clause 3.4.3.	
EoD linepack bid	A bid by a Market Participant to purchase EoD linepack made in accordance with clause 3.4.2(a).	

EoD linepack capacity	A notional quantity of gas, expressed in GJ, which represents the physical linepack capacity of the transmission system as determined by VENCorp in accordance with clause 3.4.	
EoD linepack price step	An offer by a Market Participant to purchase any quantity of EoD linepack up to a specified maximum quantity at a specified price.	
Exempt Person	GASCOR, being the body established by Division 2 of Part 2 of the Gas Industry Act, and any other person who VENCorp agrees to be exempt.	
expansion or extension	An expansion or extension as defined in the Tariff Order.	

final nomination	In respect of a gas day, the last nomination received by VENCorp from a Market Participant in respect of an injection point or a system withdrawal zone for that gas day prior to 8.00 am on the day on which that gas day starts.	

final operating schedule	The schedule which VENCorp is required to publish pursuant to clause 3.1.12(c)(3) in respect of each trading interval and each injection point and system withdrawal zone.	
final statement	A statement issued by VENCorp under clause 3.6.15.	
financial year	A period commencing on 1 July in a calendar year and terminating on 30 June in the following calendar year.	
flow rate	The rate at which gas flows passes a point on the transmission system in an hour, expressed in GJ/hour.	
force majeure event	An event which satisfies the requirements of clause 6.7.2.	
Franchise Customer	A Customer who is not a “non-franchise customer” under the Gas Industry Act.	

gas day	A period of 24 consecutive hours beginning at 9.00am.	
Gas Industry Act	The Gas Industry Act 1994 (Vic).	
gas production facility	Any gas processing plant and associated facilities, excluding any LNG processing or storage facility.	
gas quality monitoring system	A system for monitoring gas quality which a Participant is required to provide at a system injection point pursuant to clause 4.3.3.	
Gas Quality Regulations	Regulations made under sections 33 and 118 of the Gas Safety Act 1997 (Vic) relating to standards of quality of gas, or under sections 46 and 102 of the Gas Industry Act, relating to standards of quality of gas, as the case may be.	
gas quality specifications	In respect of a system injection point:
(a)	the prescribed specifications; or
(b)	such other gas quality standard as VENCorp may approve in respect of that system injection point pursuant to clause 4.3.2(a).	

gas scheduling procedures	The scheduling procedures which VENCorp is required to develop, document and make available to Market Participants in accordance with clause 3.1.1(d).	
government authority	Any government or governmental, semi-governmental, administrative or judicial body, department, commission, authority, tribunal, agency or entity.	
inc/dec offer	An offer made by a Market Participant in accordance with clause 3.1.5 to modify the quantities of gas which it will inject into, or withdraw from, the transmission system on a gas day.	
injection allocation statement	A statement which an Allocation Agent is required to give pursuant to clause 3.5.2(g).	
injection inc/dec offer	An inc/dec offer made in respect of a system injection point.	
injection nomination	A nomination in respect of a quantity of gas to be injected into the transmission system.	
installation database	The database of calibration data which a responsible person is required to keep in respect of its metering installations pursuant to clause 4.4.19.	
Intending Participant	A person who registers with VENCorp as an Intending Participant under clause 2.5 of these Rules.	
Interconnected Pipeline Owner	The owner or operator of a transmission pipeline that is connected to the transmission system. 	
interest rate	The ninety day bank bill swap reference rate as published in the Australian Financial Review from time to time.	
intervene/intervention	Measures taken by VENCorp where there is a threat to system security under clause 6.6.4.	

linepack account	The account recording linepack credits and linepack debits which VENCorp must maintain in accordance with clause 3.6.10(a).	
linepack credit	A credit which VENCorp is required to record in the linepack account as determined in accordance with clause 3.6.10(c).	
linepack debit	A debit which VENCorp is required to record in the linepack account as determined in accordance with clause 3.6.10(c).	
linepack transactions	Sales and disposals of linepack by VENCorp which are required to be reflected by linepack credits and linepack debits in the daily linepack account.	

LNG	Liquefied natural gas.	
LNG connection point	The point on the transmission system at which gas is permitted to flow into or out of the LNG storage facility.	
LNG injection offer	An offer by a Market Participant to VENCorp to withdraw LNG stock from the LNG storage facility and inject gas into the transmission system at the LNG connection point.	
LNG  reserve	The LNG storage capacity to which VENCorp is entitled under its LNG storage agreement.	
LNG stock	The amount of LNG in the LNG storage facility held on behalf of VENCorp, a Market Participant or any other person.	
LNG storage agreement	An agreement between the LNG Storage Provider and VENCorp, a Market Participant or any other person relating to the provision of LNG storage capacity (including the BOC Agreement).	
LNG storage facility	The LNG storage facility owned by TPA located at Dandenong.	
LNG storage capacity	Rights to hold capacity in the LNG storage facility granted by the LNG Storage Provider to a Market Participant, VENCorp or any other person pursuant to an LNG storage agreement.	
LNG Storage Provider	TPA or any person who, as a successor of TPA, operates the LNG storage facility. 	
LNG storage transfer	A transfer of LNG storage capacity or LNG stock in accordance with clause 4.2.6.	
maintenance	Works conducted by Pipeline Owners and Storage Providers which, in VENCorp’s opinion, may impact on:
(a)	VENCorp’s ability to supply gas through the transmission system;
(b)	VENCorp’s ability to operate the transmission system;
(c)	transmission system capacity;
(d)	system security; or
(e)	the efficient operation of the transmission system generally,
and includes, but is not limited to, work conducted on pipeline equipment but does not include maintenance required to avert or reduce the impact of an emergency.	
margin call	An amount which VENCorp calls to be made by a Market Participant in accordance with clause 3.7.10(b) to make up any anticipated shortfall between that Market Participant’s trading limit and VENCorp’s exposure in respect of that Market Participant.	
market	A market administered by VENCorp for the injection of gas into, and the withdrawal of gas from, the transmission system and the balancing of gas flows in or through the transmission system.	
Market Customer	A Customer who is a Market Participant.	
market fees	The fees payable by a Market Participant determined in accordance with clause 2.6 in respect of participating in the market.	
market information bulletin board	A facility to be established by VENCorp on the electronic communication system on which it may publish information which is then available to and may be accessed by Market Participants.	
market objectives	The market objectives specified in section 48N(2) of the Gas Industry Act.	
Market Participant	A Participant who is entitled to participate in the market by submitting nominations and inc/dec offers in accordance with these Rules.	
market price	The price for gas set by VENCorp for each trading interval as determined in accordance with clause 3.2.	
market transaction	A sale or purchase of gas which occurs when a Market Participant has a trading imbalance in a trading interval.	
maximum total payment	The maximum amount payable by VENCorp in respect of a billing period as determined by clause 3.6.22.	
meter	A device which measures and records volumes and/or quantities of gas.	
metering communications procedures	The procedures determined and published by VENCorp from time to time relating to the transfer of energy data from metering installations to the metering database.	
metering	Recording the volume and quantity of gas.	
metering data	The data obtained or derived from a metering installation, including energy data.	
metering database	The database kept by VENCorp pursuant to clause 4.4.20.	
metering installation	The meter and associated equipment and installations installed or to be installed for the collection of metering data required for settlement purposes.	
metering point	The point of physical connection of a meter to a pipeline.	
metering register	A register of information relating to metering installations kept by VENCorp pursuant to clause 4.4.21 and forming part of the metering database.	
metering substitution threshold	The threshold metering error equal to twice the uncertainty limit (energy) set out in clause 3 of schedule 4.1 and which if exceeded requires substitution of readings in accordance with clause 4.4.24. 	
minimum exposure	VENCorp’s estimate of a Market Participant’s market fees in respect of which that Market Participant is required to provide a bank guarantee under clause 3.7.4(a).	
Minister	The Minister referred to in Part 6A of the Gas Industry Act.	
monitoring point	A system injection point or any other point on the transmission system at which VENCorp requires a gas quality monitoring system to be installed in accordance with clause 4.3.3. 	
NDM meter	A meter at a distribution delivery point which is not read daily.	
negative reconciliation amount	An amount which a Market Participant is required to pay to VENCorp in respect of a billing period following reconciliation in accordance with clause 3.5.5.	
nomination	A nomination by a Market Participant in respect of a quantity of gas to be injected into or withdrawn from the transmission system on a gas day.	
Non-Franchise Customer	A Customer who is a “non-franchise customer” under the Gas Industry Act.	
non-SAW point	A system withdrawal point other than a SAW point.	
off-specification gas	Gas which is injected into the transmission system at a system injection point which does not comply with the gas quality specifications for that system injection point.	
Office of Gas Safety	The Office of Gas Safety established under Part 14 of the Gas Industry Act or Part 2 of the Gas Safety Act 1997, as the case may be.	
ORG	The Office of the Regulator-General established under section 6 of the Office of the Regulator-General Act 1994 (Vic).	

Participant	A person who is registered with VENCorp in accordance with clause 2.1(a), (b) and/or (c) and clause 2.5.	
participant compensation fund	The fund established under clause 3.3.1.	
payment date	The date on which payment is due in respect of a billing period as determined by clauses 3.6.12 and 3.6.13.	
peak flow rate	The highest hourly flow rate of gas passing a system point under normal conditions (as determined by VENCorp) in the immediately preceding twelve month period or, if gas has passed a system point for a period of less than twelve months, the highest hourly flow rate which in the reasonable opinion of VENCorp is likely to occur in respect of that system point under normal conditions for the following twelve month period. 	
pipeline	A pipe or system of pipes for or incidental to the conveyance of gas and includes a part of such a pipe or system.	
pipeline equipment	In relation to a pipeline:
(a)	all structures for protecting or supporting the pipeline;
(b)	facilities for the compression of gas, the maintenance of the pipeline or the injection or withdrawal of gas;	
	(c)	all fittings, appurtenances, compressor stations, odorisation plants, scraper stations, valves, telemetry systems (including communications towers) and works and buildings used in connection with the pipeline.	

Pipeline Owner	A person who owns (either legally or equitably) the whole or any part of a pipeline.	
planning review	An annual planning review or a quarterly planning review.	
positive reconciliation amount	An amount which VENCorp is required to pay to a Market Participant in respect of a billing period following reconciliation in accordance with clause 3.5.5.	
preliminary operating schedule	A schedule which VENCorp is required to publish pursuant to clauses 3.1.12(c)(1) or (2).	
prescribed specifications	The uniform gas quality specifications prescribed by the Gas Quality Regulations.	
price step	An offer by a Market Participant to inject quantities of gas into, or withdraw quantities of gas from, the transmission system on a gas day at a specified price as specified in an inc/dec offer in accordance with clause 3.1.5(b)(4).	
pricing schedule	A schedule which VENCorp is required to produce pursuant to clause 3.2.1(b).	
pricing zone	A geographical area within which the market price in any trading interval is the same.	
Producer	A person who owns or operates a gas production facility or is engaged in the production and processing of gas.	
prudential requirements	The requirements imposed on a Market Participant to provide and maintain a security in accordance with clause 3.7.	
public consultation procedures	The procedures set out in clause 1.4.	
publish	The posting of information on the market information bulletin board.	
quarterly planning reviews	The forecasts to be provided by VENCorp under clause 5.2.3.	
receipt point	A point at which gas is received into a pipeline, other than a transfer point, including a point at which gas is received into the pipeline from a storage facility or a gas production facility.	
reconciliation amount	A positive reconciliation amount or a negative reconciliation amount.	
reconciliation procedures	The procedures for the purpose of carrying out reconciliation and adjustment which VENCorp is required to establish under clause 3.5.5(a).	

Regulator	The Australian Competition and Consumer Commission established by section 6A of the Trade Practices Act 1974 (Cth).	

related body corporate	In relation to a body corporate, a body corporate that is related to the first-mentioned body in accordance with the Corporations Law.	
responsible person	The person who is responsible for providing a metering installation for a particular system point or a distribution delivery point in accordance with clause 4.4.3.	
Retailer	A person who holds a retail licence under the Gas Industry Act and is registered under clause 2.1(b).	
revised statement	A statement issued by VENCorp under clause 3.6.19 following the resolution of a dispute or correction of an error relating to a final statement.	
safety plan	A plan which must be developed by certain Participants in accordance with section 138 of the Gas Industry Act.	
safety procedures	The procedures established and maintained by each Participant in accordance with clause 6.3.2.	
SAW point	A system withdrawal point at which gas is withdrawn from the transmission system and injected into a distribution pipeline and which is designated by VENCorp as a system withdrawal point to which the allocation algorithm applies.	
scheduled deviation	The positive or negative amount by which the injection or withdrawal of gas (as the case may be) for the hour specified in the scheduling instruction exceeds the injection or withdrawal (as the case may be) for the hour specified in the pricing schedule.	
scheduling	The process of scheduling nominations and inc/dec offers which VENCorp is required to carry out in accordance with these Rules for the purpose of balancing gas flows in the transmission system and maintaining the security of the transmission system.	

scheduling error	An error made in scheduling, as determined in accordance with clause 3.1.14, which results in a scheduling instruction that differs from the scheduling instruction that would have been issued if VENCorp had complied with the gas scheduling procedures, which (for the avoidance of doubt) does not include an error made in determining the market price.	

scheduling instruction	An instruction given by VENCorp to a Market Participant or, in the case of an LNG injection offer, to the LNG Storage Provider,  pursuant to clauses 3.1.12(h) and (i).	
service envelope agreement	An agreement entered between VENCorp and a Transmission Pipeline Owner, as required under clause 5.3.1, pursuant to which the Transmission Pipeline Owner agrees to provide to VENCorp gas transportation services and pipeline capacity in respect of that Transmission Pipeline Owner’s pipelines and, which, for the avoidance of doubt, may be part of an agreement between VENCorp and the Transmission Pipeline Owner which relates also to other matters.	
settlement	The determination of trading imbalances, trading amounts and settlement amounts in respect of Market Participants who trade in the market.	
settlement amount	The amount payable by or to a Market Participant in respect of a billing period as determined by VENCorp under clause 3.6.5.	
settlement statement	A statement issued by VENCorp in the form of a final statement under clause 3.6.15.	
significant price variation	A significant variation in the market price as determined by VENCorp in accordance with guidelines developed under clause 1.2.1(h).	
standing EoD linepack bid	An EoD linepack bid that is expressed to apply in respect of each consecutive gas day until a future specified date or until revoked or deemed to be revoked.	
standing inc/dec offer	An inc/dec offer that is expressed to apply in respect of each consecutive gas day until a future specified date or until revoked or deemed to be revoked.	
standing nomination	A nomination that is expressed to apply in respect of each consecutive gas day until a future specified date or until revoked or deemed to be revoked.	
storage facility	A facility for the storage of gas, including the LNG storage facility and underground storage.	
Storage Provider	A person who owns or operates a storage facility.	
storage space	In relation to LNG storage capacity, the right of a Market Participant, expressed in tonnes, to store gas in the LNG storage facility in accordance with its LNG storage agreement and these Rules.	
Sub-allocation Agent	A person who has been appointed by a Market Participant or other person to submit sub-allocation statements under clauses 3.5.2(i) or 3.5.3(i).	
sub-allocation statement	A statement which a Sub-allocation Agent may submit under clauses 3.5.2(i) or 3.5.3(i).	
supplier surplus	In respect of a Market Participant who injects gas, the product of the market price and the amount of that Market Participant’s actual injections, less the deemed cost of those injections as implied by the Market Participant’s inc/dec offers. 	
suspension notice	A notice issued by VENCorp under clause 3.7.7.	
system injection point	A connection point on the transmission system which is designed to permit gas to flow through a single pipe into the transmission system, which may also be, in the case of a transfer point, a system withdrawal point.	
system point	A system injection point, a system withdrawal point or a system withdrawal zone.	
system security	The operation of the transmission system in a safe and reliable manner and in accordance with the system security guidelines. 	
system security guidelines	The guidelines developed by VENCorp under clause 1.2.1(c).	
system withdrawal point	A connection point on the transmission system which is designed to permit gas to flow through a single pipe out of the transmission system, which may also be, in the case of a transfer point, a system injection point.	
system withdrawal zone	Part of the transmission system which contains one or more system withdrawal points and in respect of  which VENCorp  has determined that a single withdrawal nomination or a single withdrawal inc/dec offer must be made.	
tariff D withdrawal point	A system withdrawal point to which transmission delivery tariff D is assigned or a distribution delivery point to which distribution tariff D is assigned under the Tariff Order.	
Tariff Order	The Victorian Gas Industry Tariff Order 1998 (as amended from time to time) made under section 48A of the Gas Industry Act and any tariffs and charges which are approved under an access arrangement.	
tariff V withdrawal point	A system withdrawal point to which transmission delivery tariff V is assigned or a distribution delivery point to which distribution tariff V is assigned under the Tariff Order. 	
tariffed VENCorp services	The services provided by VENCorp under these Rules as described in clause 1.2.1.	
time stamp	The means of identifying the time and date at which data is transmitted or received.	
TPA	Transmission Pipelines Australia Pty Ltd ACN 079 089 268	
Trader	A person, other than a Retailer, Customer or Producer, who injects gas, or tenders gas for injection, into the transmission system and/or withdraws gas, or tenders gas for withdrawal, from the transmission system.	
trading amount	The sum calculated in accordance with clause 3.6.3(b).	
trading limit	In respect of a Market Participant at any time means the last trading limit set by VENCorp for the Market Participant under clause 3.7.8(a).	
trading imbalance	The quantity of gas determined in respect of each Market Participant for each trading interval in accordance with clause 3.6.4.	
trading interval	A period of one gas day.	
transfer point	A point at which gas is transferred from the transmission system to a transmission pipeline; from a transmission pipeline to a transmission pipeline; or from the transmission system to a distribution pipeline.	
transmission constraint	A constraint in or affecting the transmission system at any time as a result of which (having regard to operational requirements relating to pressures) gas flows in any part of the system are or (but for anything done by VENCorp) would be restricted, whether such constraint results from the size of any part of the transmission system, the operation or failure to operate any part of the transmission system or the extent or distribution of supply or demand in any part of the transmission system.	
Transmission Customer	A Customer who withdraws gas from a transmission delivery point.	
transmission delivery point	A point on the transmission system at which gas is withdrawn from the transmission system and delivered to a Transmission Customer or injected into a storage facility.	
transmission pipeline	A pipeline that is not a distribution pipeline.	
Transmission Pipeline Owner	A person who owns or holds under a lease a transmission pipeline which is or is to be operated by VENCorp.	
transmission system	The transmission pipelines or system of transmission pipelines which consists of the “gas transmission system” as defined under the Gas Industry Act.	
uplift payment	A payment made by a Market Participant to VENCorp under clause 3.6.8.	

VENCorp	The Gas Transmission System Operator established under the Gas Industry Act.	
VENCorp functions	The functions of VENCorp set out in section 16C of  the Gas Industry Act.	
VoLL	A price cap, being the maximum, on the market price, as also described in clause 3.2.4.	
withdrawal allocation statement	A statement which an Allocation Agent is required to give pursuant to clause 3.5.3(g).	
withdrawal inc/dec offer	An inc/dec offer made in respect of a system withdrawal  zone.	
withdrawal nomination	A nomination in respect of a quantity of gas to be withdrawn from the transmission system.