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PARLIAMENT OF VICTORIA
Electricity Industry (Miscellaneous Amendment)
Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 2
PART 2--AMENDMENT OF PRINCIPAL ACT 3
4. Directions 3
5. Functions and powers of VPX 3
6. New section 41CA inserted 3
41CA. System security agreement 3
7. Amendment of sections 77 and 78 4
8. Trade Practices Act and Competition Code 4
9. Pool rules 5
10. Amendment of Part 12 5
11. Amendment of tariff order 5
12. Amendment of sections 158D--167 6
13. Amendment of section 158C 6
14. New section 163AAA inserted 7
163AAA. Condition in distribution company licence 7
15. New section 165A substituted 9
165A. Resolution of certain disputes 9
16. New Part 17 inserted 10
PART 17--OTHER LAND 10
219. Revocation of river reservation--Goulburn River 10
220. Revocation of river reservation--Mitta Mitta River 10
221. Consequences of revoking reservations 10
222. Rights in roads to cease 11
17. New Part 5 of Schedule 3C inserted 11
PART 5 11
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Clause Page
PART 3--POWER NET VICTORIA 13
18. Definitions 13
19. Amendment of Principal Act 13
20. Power to acquire land 14
21. Amendment of sections 44A, 45A and 46 15
22. Further amendment of Principal Act 15
23. Amendment of Part 11B 16
24. Amendment of sections 156, 163AA and 168 17
PART 4--TRANSFER OF PROPERTY 18
25. New Part 11AC inserted 18
PART 11AC--TRANSFER OF CERTAIN PROPERTY
AND STAFF OF NOMINATED TRANSFEROR
COMPANIES 18
Division 1--Definitions and applications 18
153TQ. Definitions 18
153TR. Nomination of transferor company 20
Division 2--Allocation of property 20
153TS. TCO to prepare allocation statement 20
153TT. Certificate of Administrator 21
Division 3--Transfer of property 22
153TU. Property transferred 22
153TV. Allocation of property etc. subject to encumbrances 23
153TW. Substitution of party to agreement 23
153TX. TCO instruments 23
153TY. Proceedings 24
153TZ. Interests in land 24
153TZA. Amendment of Register 24
153TZB. Evidence 25
153TZC. Validity of things done under this Part 26
Division 4--Staff 27
153TZD. List of TCO staff 27
153TZE. Transfer of TCO staff 27
153TZF. Future terms and conditions of transferred employees 28
153TZG. Superannuation 29
PART 5--AMENDMENT OF OTHER ACTS 30
26. Amendment of State Electricity Commission Act 1958 30
27. Amendment of Electric Light and Power Act 1958 31
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Clause Page
28. Commencement of Electricity Industry (Amendment) Act
1996 31
29. Amendment of Water Act 1989 31
30. Amendment of National Parks Act 1975 31
31. Amendment of other Acts 32
NOTES 33
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PARLIAMENT OF VICTORIA
Initiated in Assembly 23 April 1997
A BILL
to provide for further miscellaneous amendment of the Electricity
Industry Act 1993, to amend the State Electricity Commission Act
1958 and certain other Acts and for other purposes.
Electricity Industry (Miscellaneous
Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to provide for further miscellaneous
5 amendment of the Electricity Industry Act
1993;
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Electricity Industry (Miscellaneous Amendment) Act 1997
s. 2
Act No.
(b) to provide for the corporatisation and
privatisation of Power Net Victoria.
2. Commencement
(1) This Part comes into operation on the day on
5 which this Act receives the Royal Assent.
(2) Sections 10, 12, and 15 come into operation on a
day or days to be proclaimed.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 June 1998, it
comes into operation on that date.
3. Principal Act
No. 130/1993.
15 In this Act, the Electricity Industry Act 1993 is
Reprinted to
called the Principal Act.
No. 79/1995
and
subsequently
amended by
Nos 4/1996,
8/1996 and
48/1996.
_______________
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PART 2--AMENDMENT OF PRINCIPAL ACT
4. Directions
(1) In section 17(1) of the Principal Act--
(a) in paragraph (a), omit "in the State";
5 (b) in paragraphs (b) and (c), omit "in Victoria".
(2) After section 17(3) of the Principal Act insert--
"(3A) The Minister may, in writing, revoke the
exemption from directions applying to an
instrument specified under sub-section (3).".
10 5. Functions and powers of VPX
In section 41C(1) of the Principal Act, for "and
the licence conditions under Part 12" substitute ",
the licence conditions under Part 12 and any
system security agreement that is in force and in
15 respect of which a declaration under section 41CA
is in force".
6. New section 41CA inserted
After section 41C of the Principal Act insert--
"41CA. System security agreement
20 If an agreement between the Minister and a
responsible Minister of the Crown in right of
another State or a Territory relating to the
security of the electricity system in Victoria
and that State or Territory is in force, the
25 Minister, by notice published in the
Government Gazette, may declare that
agreement to be a system security agreement
for the purposes of section 41C.".
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Electricity Industry (Miscellaneous Amendment) Act 1997
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Act No.
7. Amendment of sections 77 and 78
(1) In section 77 of the Principal Act for sub-section
(5) substitute--
'(5) In relation to an amendment, or further
5 amendment, of a statement after the
commencement of section 7 of the
Electricity Industry (Miscellaneous
Amendment) Act 1997, "electricity
corporation" in this section includes VPX,
10 a public distribution company, a public
transmission company and a public
generation company.'.
(2) In section 78(4) of the Principal Act, after "public
distribution company" insert ", a public
15 transmission company".
8. Trade Practices Act and Competition Code
(1) In section 91AA(1) of the Principal Act, for
paragraph (e) substitute--
"(e) except as provided in sub-section (4), a
20 licence issued under Part 12;".
(2) After section 91AA(3) of the Principal Act
insert--
"(4) The authority conferred by sub-section (1)
does not apply to requirements or
25 authorisations under a condition of a licence
issued under Part 12 that--
(a) requires the licensee to observe
specified industry codes;
(b) provides for the resolution of disputes
30 between the licensee and other persons;
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(c) requires the licensee to pay to the
Office specified fees and charges in
respect of the licence;
(d) specifies the procedures to apply if an
5 administrator is appointed under
section 166;
(e) specifies procedures for variation or
revocation of the licence.".
9. Pool rules
10 In section 91AA(1) of the Principal Act,
paragraph (f) is repealed.
10. Amendment of Part 12
In section 154 of the Principal Act, after the
definition of "licence" insert--
15 ' "National Electricity Code" has the same
meaning as "Code" has in the National
Electricity Law;'.
11. Amendment of tariff order
After section 158A(3) of the Principal Act
20 insert--
"(4) In the Order made under sub-section (1) on
20 June 1995 and published in the
Government Gazette on 30 June 1995, clause
4.4 is revoked.
25 (5) Despite the revocation of clause 4.4 of the
Order referred to in sub-section (4), the
revocation does not have effect for the
purposes of the Order as a retailing change in
taxes, a PowerNet change in taxes, a network
30 change in taxes or a generator change in
taxes within the meaning of the Order.".
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12. Amendment of sections 158D--167
In the Principal Act--
(a) sections 158D and 158E are repealed.
(b) in section 162(2A), for "pool rules and the
5 pool rules include" substitute "National
Electricity Code and the Code includes";
(c) in section 163(3)(c) omit "and specified pool
rules";
(d) in section 163(6)(a) and (b)--
10 (i) omit "or specified pool rules";
(ii) omit "or rule";
(e) in section 163(7)--
(i) omit "or the pool rules";
(ii) omit "or the rules";
15 (iii) omit "or those rules";
(f) in section 167(7) for "pool rules and the pool
rules include" substitute "National
Electricity Code and the Code includes".
13. Amendment of section 158C
20 (1) In section 158C of the Principal Act, for
paragraph (a) substitute--
"(a) except in accordance with this section, any
Order in force under section 158A cannot be
amended or varied, but may be wholly
25 revoked; and";
(2) At the end of section 158C of the Principal Act
insert--
"(3) An Order in force under section 158A may
be amended, on the recommendation of the
6
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Treasurer, by one Order only of the
Governor in Council published in the
Government Gazette for the purpose of--
(a) applying the Order to transmission
5 companies;
(b) amending or varying the Order in so far
as it applies to transmission companies;
(c) amending or varying the Order in so far
as it applies to persons other than
10 transmission companies if the
amendment or variation is
consequential on an amendment or
variation under paragraph (b).".
14. New section 163AAA inserted
15 After section 163 of the Principal Act insert--
'163AAA. Condition in distribution company licence
(1) Without limiting the generality of section
163, the conditions to which a licence to
distribute or supply electricity is subject may
20 include a requirement that the licensee, on
terms and conditions approved by the Office,
supply and sell electricity to emergency
customers.
(2) In determining the terms and conditions of a
25 requirement referred to in sub-section (1),
the Office must have regard to the risks and
costs associated with the requirement.
(3) A requirement referred to in sub-section (1)
does not apply so as to require the licensee to
30 supply and sell electricity--
(a) outside the distribution area within the
meaning of the licensee's licence; or
(b) to a non-franchise customer of a person
who holds a licence to sell electricity
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Electricity Industry (Miscellaneous Amendment) Act 1997
s. 14
Act No.
who elects, in writing given to the
licensee, not to be an emergency
customer in relation to that licensee.
(4) If the conditions to which a licence of a
5 licensee is subject include a requirement
referred to in sub-section (1), the licensee is
deemed to be the holder of a licence to sell
electricity to the extent necessary to comply
with the requirement.
10 (5) The obligation of a licensee to supply and
sell electricity to an emergency customer in
accordance with a requirement referred to in
sub-section (1) commences when the right of
the relevant person who holds a licence to
15 sell electricity, being a right to acquire
electricity from the market for wholesale
trading in electricity, is suspended or
terminated and ends after 3 months or when
the emergency customer advises the licensee
20 in writing that the supply and sale is no
longer required, whichever first occurs.
(6) A distribution company to which a condition
referred to in sub-section (1) applies may
declare, from time to time, subject to that
25 condition and any other conditions of its
licence and with the approval of the Office,
by notice published in the Government
Gazette the terms and conditions upon which
the distribution company will supply and sell
30 electricity to emergency customers.
(7) The terms and conditions of which notice
has been given by a distribution company in
accordance with sub-section (6) are binding
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Act No.
on the distribution company and the
emergency customers to which they apply
and, when the distribution company is acting
in accordance with the condition referred to
5 in sub-section (1), the terms and conditions
have effect despite any agreement or
instrument (other than this Act or any Order
made under section 158A) to the contrary
relating to the supply and sale of electricity
10 to those customers.
(8) A distribution company and an emergency
customer to whom the distribution company
has an obligation under sub-section (5) to
supply and sell electricity are deemed to
15 have entered into a contract on the terms and
conditions published under sub-section (6).
(9) In this section--
"emergency customer" in relation to a
licensee, means a non-franchise
20 customer of a person who holds a
licence to sell electricity whose right to
acquire electricity from the market for
wholesale trading in electricity is
suspended or terminated.'.
25 15. New section 165A substituted
For section 165A of the Principal Act
substitute--
"165A. Resolution of certain disputes
The Office may resolve, or seek to resolve,
30 in accordance with procedures specified by
the Office, disputes between 2 or more
persons, none of whom are licensees,
relating to the operation, as between those
persons, of an industry code.".
35
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Act No.
16. New Part 17 inserted
Before Schedule 1 to the Principal Act insert--
"PART 17--OTHER LAND
219. Revocation of river reservation--Goulburn
5 River
The Order in Council specified in item 1 of
Part 5 of Schedule 3C is revoked insofar as it
applies to the land delineated and coloured
light green on the plan lodged in the Central
10 Plan Office of the Office of Surveyor
General and numbered LEGL./97-26.
220. Revocation of river reservation--Mitta
Mitta River
The Order in Council specified in item 2 of
15 Part 5 of Schedule 3C is revoked insofar as it
applies to the land delineated and coloured
light green on the plan lodged in the Central
Plan Office of the Office of Surveyor
General and numbered LEGL./97-27.
20 221. Consequences of revoking reservations
On the revocation under this Part of an Order
in Council reserving land--
(a) the land is deemed to be unalienated
land of the Crown, freed and
25 discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
(b) the appointment of any committee of
management is revoked to the extent
30 that it applies to the land;
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(c) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked to the extent that they
apply to the land.
5 222. Rights in roads to cease
The land delineated and coloured blue on the
plans lodged in the Central Plan Office of the
Office of Surveyor General and numbered
LEGL./97-26 and LEGL./97-27 cease to be
10 roads and all rights, easements and privileges
existing or claimed in the land either in the
public or by any body or person as incident
to any express or implied grant, or past
dedication or supposed dedication or by user
15 or operation of law or otherwise cease.".
17. New Part 5 of Schedule 3C inserted
In Schedule 3C to the Principal Act, after Part 4
insert--
"PART 5
20 Land in respect of which reservations are revoked
Description
of land by
Situation Instrument reference to
and area of and date of Government Purpose of Extent of
Item land reservation Gazette reservation revocation
1. Bed and Order in Government Site for public That part of
30ˇ18 metres Council dated Gazette dated purposes. the reserve
from each 23 May 1881. 27 May 1881, delineated and
bank of the page 1389. coloured light
Goulburn green on the
River less plan lodged in
excisions the Central
authorised by Plan Office of
Act No. 5909 the Office of
and Act No. Surveyor
9922. General and
numbered
LEGL./97-26
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Description
of land by
Situation Instrument reference to
and area of and date of Government Purpose of Extent of
Item land reservation Gazette reservation revocation
2. Bed and Order in Government Site for public That part of
30ˇ18 metres Council dated Gazette dated purposes. the reserve
from each 23 May 1881. 27 May 1881, delineated and
bank of the page 1389. coloured light
Mitta Mitta green on the
River less plan lodged in
excisions the Central
authorised by Plan Office of
Act No. 6413 the Office of
and Act No. Surveyor
37/1989. General and
numbered
LEGL./97-27"
_______________
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s. 18
19
Act No.
PART 3--POWER NET VICTORIA
18. Definitions
In section 3(1) of the Principal Act--
(a) after the definition of "public generation
5 company" insert--
' "public transmission company" means a
transmission company which is--
(a) a statutory authority; or
(b) a company all the shares in which
10 are held by, or on behalf of, the
State or a statutory authority;';
(b) after the definition of "transferee" insert--
' "transmission company" means--
(a) Power Net Victoria while it
15 continues to hold a licence to
transmit electricity issued under
Part 12;
(b) a person who is the holder of a
licence to transmit electricity
20 issued under Part 12, being a
person declared by Order of the
Governor in Council published in
the Government Gazette to be a
transmission company for the
25 purposes of this Act;';
(c) in paragraph (a) of the definition of
"undertaker", after "distribution company"
insert ", a transmission company";
(d) in the definition of "undertaking" after
30 "distribution company" insert ",
transmission company".
19. Amendment of Principal Act
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In the Principal Act--
(a) in section 4A(1)--
(i) after "distribution company" (where
first appearing) insert ", transmission
5 company";
(ii) after "distribution company" (where
secondly appearing) insert "or
paragraph (b) of the definition of
transmission company";
10 (b) in section 26(4) after "distribution company"
insert ", a public transmission company";
(c) in section 27(2), (3) and (4), after
"distribution company" insert "or a
transmission company";
15 (d) in section 29(3) after "distribution company"
insert ", a public transmission company";
(e) in sections 35(13), 36(2), 36A(3), and 37(6),
after "public distribution company" insert
", a public transmission company";
20 (f) in section 38(2) and (3), after "public
distribution company" insert ", public
transmission company";
(g) in section 42AA, after "distribution
company" insert ", a transmission
25 company".
20. Power to acquire land
(1) In section 42(1) of the Principal Act--
(a) omit "Power Net Victoria or" (where first
occurring);
30 (b) for "Power Net Victoria or VPX, as the case
requires" substitute "VPX".
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Act No.
(2) In section 42(2) of the Principal Act, for
paragraph (b) substitute--
"(b) VPX is the authority.".
(3) In section 42A(3) of the Principal Act, after
5 "distribution company" insert ", a transmission
company".
21. Amendment of sections 44A, 45A and 46
(1) In section 44A of the Principal Act, for "Power
Net Victoria" (wherever occurring) substitute "a
10 transmission company".
(2) In section 45A(a) of the Principal Act, after
"distribution companies" insert ", transmission
companies".
(3) In section 46 of the Principal Act--
15 (a) in sub-section (1) omit "Power Net Victoria
or";
(b) in sub-section (1A), after, "distribution
company", insert ", transmission company".
22. Further amendment of Principal Act
20 In the Principal Act--
(a) in section 47(4)(a), after "distribution
company" insert ", transmission company";
(b) in section 84A after "public distribution
company" insert ", public transmission
25 company";
(c) in section 84AB(1) after "generation
company" insert ", transmission company";
(d) in section 84C after "public distribution
company" insert ", public transmission
30 company";
(e) in section 86(a) after "distribution company,"
insert "a transmission company,";
15
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Act No.
(f) in section 90 after "public distribution
company" (wherever occurring) insert
", public transmission company";
(g) in section 91A after "distribution company"
5 insert ", a transmission company";
(h) in section 91AB after "distribution company"
insert ", a transmission company";
(i) in section 99(6A) after "distribution
company" insert ", a transmission
10 company";
(j) in section 103(2), after "distribution
company" insert "or transmission company"
(where twice occurring);
(k) in section 103(3)--
15 (i) after "distribution company" (where
first and secondly occurring) insert "or
transmission company";
(ii) after "distribution company" (where
thirdly occurring) insert "or
20 transmission company, as the case
requires,".
23. Amendment of Part 11B
(1) In sections 153U and 153V of the Principal Act,
after "public distribution company" insert ",
25 public transmission company".
(2) In section 153W of the Principal Act, before sub-
section (1) insert--
"(1A) A transmission company that is liable under
section 103(3) to pay certain amounts to the
30 Treasurer must, if so directed by the
Treasurer, pay those amounts to SEC and not
to the Treasurer.".
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Act No.
(3) In section 153W(4) of the Principal Act, after
"distribution company" insert ", a transmission
company".
(4) In section 153X(a) of the Principal Act, after
5 "public distribution company" insert ", a public
transmission company".
24. Amendment of sections 156, 163AA and 168
In the Principal Act--
(a) in section 156, after "company" insert
10 ", transmission company and generation
company";
(b) in section 163AA(3)--
(i) after "a distribution company" insert
", a transmission company";
15 (ii) after "public distribution company"
insert ", public transmission company";
(c) in section 168, after "distribution company"
insert ", transmission company".
_______________
20
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s. 25
Act No.
PART 4--TRANSFER OF PROPERTY
25. New Part 11AC inserted
After Part 11AB of the Principal Act insert--
'PART 11AC--TRANSFER OF CERTAIN
5 PROPERTY AND STAFF OF NOMINATED
TRANSFEROR COMPANIES
Division 1--Definitions and applications
153TQ. Definitions
(1) In this Part--
10 "former TCO property" means property,
rights or liabilities of a TCO that, under
this Part, have vested in, or become
liabilities of another person;
"new employer", in relation to a transferred
15 TCO employee, means the person by
which, by virtue of section 153TZE, the
transferred TCO employee is regarded
as being employed with effect from the
relevant date;
20 "relevant date"--
(a) in relation to an allocation
statement or property, rights or
liabilities allocated under an
allocation statement, means the
25 date fixed by the Minister under
sub-section (2) for the purposes of
that statement;
(b) in relation to a document referred
to in section 153TZD(1), means a
30 date fixed by the Minister under
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sub-section (2) for the purposes of
that document;
"TCO" means a transferor company that is
nominated by the Minister under
5 section 153TR;
"TCO instrument" means an instrument
(including a legislative instrument other
than this Act) subsisting immediately
before the relevant date in relation to a
10 TCO--
(a) to which the TCO was a party; or
(b) that was given to or in favour of
the TCO; or
(c) that refers to the TCO; or
15 (d) under which--
(i) money is, or may become,
payable to or by the TCO; or
(ii) other property is to be, or
may become liable to be,
20 transferred to or by the TCO;
"TCO transferee", in relation to former
TCO property, means the person to
which the property has been transferred
under this Part;
25 "transferred TCO employee" means a
person who, by virtue of section
153TZE, is regarded as being employed
by a new employer with effect from the
relevant date.
30 "transferor company" means a public
transmission company or a public
generation company;
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(2) The Minister may, by notice published in the
Government Gazette--
(a) fix a relevant date for the purposes of
an allocation statement under section
5 153TS;
(b) fix a relevant date for the purposes of a
document referred to in section
153TZD(1).
153TR. Nomination of transferor company
10 If the Treasurer, on behalf of the State, enters
into an agreement for the sale or transfer of
property, rights and liabilities of a transferor
company, the Treasurer may nominate the
transferor company for the purpose of this
15 Part.
Division 2--Allocation of property
153TS. TCO to prepare allocation statement
(1) The TCO must give to the Treasurer and the
Minister, within the period of 3 months after
20 the date on which the the TCO is nominated
under section 153TR or within such longer
period as the Treasurer and the Minister
approve, a statement or statements approved
by the Minister relating to the property,
25 rights and liabilities of the TCO as at a date
specified by the Minister for the purposes of
the relevant statement.
(2) A statement under this section--
(a) must allocate the property, rights and
30 liabilities of the TCO shown in the
statement to, or between, the person or
persons nominated in writing by the
Minister;
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s. 25
Act No.
(b) must be signed by the chief executive
officer of the TCO.
(3) If a statement under this section is approved
by the Treasurer and the Minister--
5 (a) the Treasurer and the Minister must
sign the statement; and
(b) the statement is an allocation statement
for the purposes of this Part.
(4) The Treasurer and the Minister may at any
10 time direct the TCO to amend a statement
given to them under this section as specified
in the direction.
(5) An allocation statement under this section
may be amended by writing signed by the
15 Treasurer and the Minister.
(6) A direction under sub-section (4) or an
amendment under sub-section (5) that would
affect a person or persons nominated by the
Minister under sub-section (1) must not be
20 given or made unless that person or those
persons are, or are wholly owned by, the
State or a statutory authority or have
consented in writing to the direction or
amendment.
25 (7) In this section, "statement" and "allocation
statement" include a statement or allocation
statement amended in accordance with this
section.
153TT. Certificate of Administrator
30 (1) A certificate signed by the Administrator
certifying that property, rights or liabilities
of the TCO specified in the certificate have
been allocated under the allocation statement
to a person so specified is, unless revoked
35 under sub-section (2), conclusive evidence--
21
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(a) that the property, rights or liabilities
have been so allocated; and
(b) that the property, rights or liabilities
vested in or became the property, rights
5 or liabilities of the person on the
relevant date.
(2) If the Treasurer and the Minister so direct
the Administrator in writing, the
Administrator must revoke a certificate
10 given under sub-section (1) by issuing
another certificate or certificates in place of
the first certificate.
(3) The Administrator--
(a) must keep a register of certificates
15 issued under this section; and
(b) must make the register reasonably
available for inspection by an interested
person.
Division 3--Transfer of property
20 153TU. Property transferred
On the relevant date--
(a) all property and rights of the TCO,
wherever located, that are allocated
under an allocation statement relating
25 to the TCO to a person, or any 2 or
more persons, vest in that person or
persons; and
(b) all liabilities of the TCO, wherever
located, that are allocated under an
30 allocation statement relating to the
TCO to a person, or to any 2 or more
persons, become liabilities of that
person or persons.
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153TV. Allocation of property etc. subject to
encumbrances
Unless an allocation statement under this
Part otherwise provides, where, under this
5 Part--
(a) property and rights vest in; or
(b) liabilities become liabilities of--
a person or 2 or more persons--
(c) the property and rights so vested are
10 subject to the encumbrances (if any) to
which they were subject immediately
before so vesting; and
(d) the rights to which the TCO was
entitled in respect of those liabilities
15 immediately before they ceased to be
liabilities of the TCO vest in the person
or persons.
153TW. Substitution of party to agreement
If, under an allocation statement, the rights
20 and liabilities of the TCO under an
agreement are allocated to a person--
(a) the person becomes, on the relevant
date, a party to the agreement in place
of the TCO; and
25 (b) on and after the relevant date, the
agreement has effect as if the person
had always been a party to the
agreement.
153TX. TCO instruments
30 Each TCO instrument relating to former
TCO property continues to have effect
according to its tenor on and after the
relevant date as if a reference in the
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instrument to the TCO were a reference to
the TCO transferee.
153TY. Proceedings
If, immediately before the relevant date,
5 proceedings relating to former TCO property
(including arbitration proceedings) to which
the TCO was a party were pending or
existing in any court or tribunal, then, on and
after that date, the TCO transferee is
10 substituted for the TCO as a party to the
proceedings and has the same rights in the
proceedings as the TCO had.
153TZ. Interests in land
Without prejudice to the generality of this
15 Part and despite anything to the contrary in
any other Act or law, if, immediately before
the relevant date, the TCO is, in relation to
former TCO property, the registered
proprietor of an interest in land under the
20 Transfer of Land Act 1958, then on and
after that date--
(a) the TCO transferee is to be taken to be
the registered proprietor of that interest
in land; and
25 (b) the TCO transferee has the same rights
and remedies in respect of that interest
as the TCO has.
153TZA. Amendment of Register
(1) The Registrar of Titles, on being requested to
30 do so and on delivery of any relevant
certificate of title or instrument and
certificate of the Administrator, must make
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any amendments in the Register that are
necessary because of the operation of this
Part.
(2) The Registrar-General must make all entries
5 on the records of enrolment of any Crown
grant and on any memorial relating to land
that are necessary because of the operation
of this Part.
(3) If any land allocated under an allocation
10 statement under this Part is not Crown land
and is not under the operation of the
Transfer of Land Act 1958, the TCO
transferee concerned must, as soon as
practicable after the land vests in accordance
15 with the allocation statement, cause a
memorial of the certificate of the
Administrator (that complies with Part I of
the Property Law Act 1958) to be delivered
to the office of the Registrar-General and, for
20 the purposes of that Part, that certificate must
be taken to be an instrument affecting land.
153TZB. Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
25 interests of the TCO in relation to former
TCO property if this Part had not been
enacted, is admissible for or against the
interests of the TCO transferee.
(2) Division 3A of Part III of the Evidence Act
30 1958 continues to apply with respect to the
books of account of the TCO and to entries
made in those books of account before the
relevant date, whether or not they relate to
former TCO property.
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(3) In sub-section (2), "books of account" has
the same meaning as in Division 3A of Part
III of the Evidence Act 1958.
153TZC. Validity of things done under this Part
5 (1) Nothing effected by this Part or done or
suffered under this Part or the cessation of
carrying on business by a TCO--
(a) is to be regarded as placing the TCO,
the State, a Minister or another person
10 in breach of contract or confidence or
as otherwise making any of them guilty
of a civil wrong; or
(b) is to be regarded as placing any of them
in breach of or as constituting a default
15 under any Act or other law or any
provision in any agreement,
arrangement or understanding
including, without limiting the
generality of the foregoing, any
20 provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
25 condition which allows a person to
exercise a right or remedy in respect of
or to terminate any agreement or
obligation; or
(d) releases any surety or other obligee
30 wholly or in part from any obligation.
(2) The validity of any act or transaction of a
TCO must not be called in question in any
proceedings on the ground that any provision
of this Act had not been complied with.
35
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Division 4--Staff
153TZD. List of TCO staff
(1) Before the relevant date in relation to a TCO,
the TCO must prepare and submit to the
5 Minister and Treasurer a document signed by
the chief executive officer listing officers
and employees of the TCO and specifying, in
respect of each such officer or employee, the
person by which he or she is to be regarded
10 as having been employed by virtue of section
153TZE with effect from the relevant date.
(2) The document may be amended by
instrument signed by the chief executive
officer and given to the Minister and
15 Treasurer and the amendment is to be
regarded as having effect, or having had
effect, from the relevant date.
(3) Nothing in this section prevents a person
listed in the document as an officer or
20 employee of the TCO from resigning or
being dismissed at any time before the
relevant date in accordance with the terms
and conditions of his or her appointment or
employment.
25 153TZE. Transfer of TCO staff
(1) A person listed as an officer or employee of
a TCO in a document under section 153TZD
who was such an officer or employee
immediately before the relevant date in
30 relation to the TCO is to be regarded as--
(a) having been employed by the new
employer with effect from the relevant
date; and
(b) having been so employed on the same
35 terms and conditions as those that
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Act No.
applied to the person, immediately
before the relevant date, as an officer or
employee of the TCO; and
(c) having accrued an entitlement to
5 benefits, in connection with that
employment by the new employer, that
is equivalent to the entitlement that the
person had accrued, as an officer or
employee of the TCO, immediately
10 before the relevant date.
(2) The service of a transferred TCO employee
as an employee of the new employer is to be
regarded for all purposes as having been
continuous with the service of the employee,
15 immediately before the relevant date, as an
officer or employee of the TCO.
(3) A transferred TCO employee is not entitled
to receive any payment or other benefit by
reason only of having ceased to be an officer
20 or employee of the TCO because of this Act.
(4) A certificate purporting to be signed by the
Administrator certifying that a person named
in the certificate was with effect from the
relevant date employed, by virtue of this
25 section, by a person named in the certificate
is admissible in evidence in any proceedings
and is conclusive proof of the matters stated
in it.
153TZF. Future terms and conditions of transferred
30 employees
Nothing in section 153TZE prevents--
(a) any of the terms and conditions of
employment of a transferred TCO
employee from being altered by or
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under any law, award or agreement
with effect from any time after the
relevant date; or
(b) a transferred TCO employee from
5 resigning or being dismissed at any
time after the relevant date in
accordance with the then existing terms
and conditions of his or her
employment by the new employer.
10 153TZG. Superannuation
Without limiting section 84(5), SEC may, at
any time before or after the relevant date,
amend the rules referred to in section 84(1)
to recognise for the purposes of membership
15 of the Victorian Electricity Industry
Superannuation Fund the continuity of
service that must be taken to exist by virtue
of section 153TZE(2).'.
_______________
20
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Act No.
PART 5--AMENDMENT OF OTHER ACTS
26. Amendment of State Electricity Commission Act 1958
(1) In section 3(1) of the State Electricity
Commission Act 1958 in the definition of
5 "electricity corporation", after "distribution
company" insert ", transmission company".
(2) In section 3(1) of the State Electricity
Commission Act 1958 insert--
' "public generation company" has the same
10 meaning as in the Electricity Industry Act
1993;
"public transmission company" has the same
meaning as in the Electricity Industry Act
1993;
15 "transmission company" has the same meaning
as in the Electricity Industry Act 1993;'.
(3) In section 85C of the State Electricity
Commission Act 1958--
(a) after "a distribution company" insert
20 ", transmission company";
(b) after "public distribution company" insert
", public transmission company".
(4) In section 50(1) of the State Electricity
Commission Act 1958, for "Minister" substitute
25 "chief electrical inspector".
(5) In the State Electricity Commission Act 1958--
(a) in section 52(1)--
(i) omit "in the opinion of the Electrical
Approvals Board";
30 (ii) omit ", upon the recommendation of
the Board,";
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Act No.
(b) in section 57H, for "A person" substitute "A
natural person".
27. Amendment of Electric Light and Power Act 1958
In section 3(1) of the Electric Light and Power
5 Act 1958, in the definition of "electricity
corporation", after "distribution company" insert
", transmission company".
28. Commencement of Electricity Industry (Amendment)
Act 1996
10 In section 2 of the Electricity Industry
(Amendment) Act 1996, sub-section (4) is
repealed.
29. Amendment of Water Act 1989
In section 56 of the Water Act 1989, after sub-
15 section (5) insert--
"(6) If the Minister is satisfied that a generation
company within the meaning of the
Electricity Industry Act 1993 requires a
licence under this Division to take and use
20 water for purposes associated with the
operation of a hydro-electric power station,
the licence may, despite sub-section (3), be
issued for a period exceeding 15 years (but
not exceeding 40 years) specified in the
25 licence, subject to any special conditions
determined by the Minister.".
30. Amendment of National Parks Act 1975
In Part 37 of Schedule Two to the National Parks
Act 1975--
30 (a) for "1900 hectares more or less and 6422
square kilometres" substitute "645 900
hectares"; and
(b) for "and the BenambraCorryong Road"
substitute ", the BenambraCorryong Road
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and the Bogong High Plains Road north of
the Falls Creek Alpine Resort"; and
(c) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
5 (d) for "N.P. 70/2a" substitute "N.P. 70/3a";
and
(e) for "and N.P. 70/2f" substitute ", N.P. 70/3f
and N.P. 70/1g"; and
(f) omit all words and expressions starting
10 "Notwithstanding the declaration of this land
as a park" and ending "until 1 July 1993.".
31. Amendment of other Acts
(1) In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of "public
15 authority", after "public distribution company"
insert ", public transmission company".
(2) In section 3 of the Melbourne City Link Act
1995, in the definition of "electricity corporation",
after paragraph (d) insert--
20 "(da) a public distribution company, public
transmission company or public generation
company; or".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
33
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