Commonwealth Consolidated Acts

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AUSTRALIAN ENERGY MARKET ACT 2004 - SECT 13D

No Commonwealth tax consequences for certain transfers of assets and liabilities etc.

  (1)   No consequences arise, for the purposes of a prescribed law of the Commonwealth relating to taxation, in respect of:

  (a)   a federal tax - exempt matter; or

  (b)   anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, a federal tax - exempt matter.

  (2)   In this Act:

"federal tax" -exempt matter means a transfer of assets or liabilities that the Commonwealth Minister and the Treasurer are satisfied is made:

  (a)   for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of:

  (i)   a State/Territory gas law; or

  (ii)   the National Gas (Commonwealth) Law; or

  (iii)   the National Gas (Commonwealth) Regulations; or

  (iv)   the Offshore Western Australian Pipelines (Commonwealth) Law; or

  (v)   the Offshore Western Australian Pipelines (Commonwealth) Regulations; or

  (b)   for the purpose of the separation of certain activities from other activities of a person as required by:

  (i)   a State/Territory gas law; or

  (ii)   the National Gas (Commonwealth) Law; or

  (iii)   the National Gas (Commonwealth) Regulations; or

  (iv)   the Offshore Western Australian Pipelines (Commonwealth) Law; or

  (v)   the Offshore Western Australian Pipelines (Commonwealth) Regulations;

and for no other purpose.

  (3)   In paragraph   ( a) of the definition of federal tax - exempt matter in subsection   ( 2), natural gas has the same meaning as in the National Gas Law set out in the Schedule   to the National Gas (South Australia) Act 2008 of South Australia.



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