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PARLIAMENT OF VICTORIA
Electricity Industry Acts (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
PART 2--ELECTRICITY INDUSTRY ACT 1993 3
3. Powers of Office 3
4. New section 158AA inserted 3
158AA. Regulation of tariffs for prescribed customers 3
5. Amendment of section 158A: tariff order 5
6. Amendment of section 158C 6
7. Provisions relating to licences 6
8. New section 163AAA substituted 9
163AAA. Supplier of last resort 9
9. New sections 169A, 169B, 169C and 169D inserted 12
169A. Offer to domestic or small business customers 12
169B. Terms and conditions of contract for sale of electricity to
certain customers 14
169C. Deemed contracts with former franchise customers 15
169D. Variation of contracts with former franchise customers 16
10. New section 169E inserted 16
169E. Metering installation identification 16
11. New section 169F inserted 17
169F. Arrangements facilitating election by customer of supply
from another retailer 17
12. New sections 170A, 170B and 170C inserted 18
170A. Community services 18
170B. Transitional provision relating to community services 19
170C. Office may determine certain matters 20
13. Amendment of section 173 21
14. Statute law revision 21
PART 3--ELECTRICITY SAFETY ACT 1998 22
15. Definition of tree 22
16. Exemptions 22
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Clause Page
17. New section 41B inserted 22
41B. Supervisor deemed to carry out certain work 22
18. Electrical equipment 23
19. New Division 1A inserted in Part 8 23
Division 1A--Bushfire mitigation 23
83A. Bushfire mitigation plans 23
83B. Inspection of private overhead lines 24
20. Electricity safety management schemes 25
21. Regulations 26
22. New section 162A inserted 26
162A. Making of certain statutory rules 26
23. Amendment of Schedule 1 27
24. Statute law revision 27
PART 4--OFFICE OF THE REGULATOR-GENERAL ACT 1994 28
25. Amendment of section 27C 28
26. Amendment of section 29 28
27. New Part 4A inserted 28
PART 4A--SPECIAL REFERENCES 28
34A. Reference by Minister 28
34B. Conduct of investigation 30
34C. Objectives under section 7 etc. not to apply 31
34D. Powers relating to investigations 31
34E. Reports 32
28. Supreme Court--limitation of jurisdiction 33
29. Statute law revision 33
PART 5--NATIONAL ELECTRICITY (VICTORIA) ACT 1997 35
30. New section 8C inserted 35
8C. National Electricity Law may be relevant legislation 35
PART 6--AMENDMENT OF OTHER ACTS 36
31. Electricity Industry (Further Amendment) Act 1994 36
32. Electricity Industry (Further Miscellaneous Amendment) Act
1997 36
NOTES 37
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s. 2
PARLIAMENT OF VICTORIA
Initiated in Assembly 3 May 2000
As amended by Assembly 24 May 2000
A BILL
to amend the Electricity Industry Act 1993, the Electricity Safety
Act 1998, the Office of the Regulator-General Act 1994, the
National Electricity (Victoria) Act 1997 and certain other Acts and
for other purposes.
Electricity Industry Acts (Amendment)
Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make further
provision for the regulation of the electricity
5 industry.
2. Commencement
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Act No.
(1) Section 11 comes into operation on a day to be
proclaimed.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
5 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
2000, it comes into operation on that day.
_______________
10
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PART 2--ELECTRICITY INDUSTRY ACT 1993
3. Powers of Office
No. 130/1993.
After section 158(1)(b)(iii) of the Electricity
Reprint No. 4
Industry Act 1993 insert-- as at 8 June
1999.
5 "(iv) tariffs for the sale of electricity regulated by
Order under section 158AA, to the extent
specified in such an Order.".
4. New section 158AA inserted
After section 158 of the Electricity Industry Act
10 1993 insert--
'158AA. Regulation of tariffs for prescribed
customers
(1) The Governor in Council may, by Order
published in the Government Gazette,
15 regulate, in such manner and in relation to
such period as the Governor in Council
thinks fit, tariffs for the sale of electricity to
prescribed customers or a class of prescribed
customers.
20 (2) Without limiting the generality of sub-
section (1), the manner may include--
(a) fixing the tariff or the rate of increase
or decrease in a tariff;
(b) fixing a maximum tariff or maximum
25 rate of increase or minimum rate of
decrease in the maximum tariff;
(c) fixing an average tariff or an average
rate of increase or decrease in the
average tariff;
30 (d) specifying policies or principles for
fixing tariffs;
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(e) specifying a tariff determined by
reference to a general price index, the
cost of production, a rate of return on
assets employed or any other specified
5 factor;
(f) specifying a tariff determined by
reference to any one or more of the
following--
(i) a prescribed customer or a class of
10 prescribed customers;
(ii) a person or a class of persons
authorised to sell electricity;
(iii) the purpose for which the
electricity is used;
15 (iv) the quantity of electricity used;
(v) the period of use;
(vi) the place of supply;
(vii) any other specified factor relevant
to the sale of electricity.
20 (3) An Order under sub-section (1) may direct
the Office to make a determination under the
Office of the Regulator-General Act 1994
in respect of such factors and matters or in
accordance with such procedures, matters or
25 bases as are specified in the Order, or both.
(4) An Order under sub-section (1) has effect as
from the date specified in the Order as if the
tariffs to which the Order applies were prices
determined by the Office.
30 (5) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or class of persons
specified in the Order is, for the purposes of
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this section, a prescribed customer or class of
prescribed customers.
(6) In this section--
"prescribed customer" means a person, or
5 a member of a class of persons, to
whom an Order under sub-section (5)
applies.
(7) This section, and any Order made under this
section and in force immediately before that
10 date, expire on 31 December 2003.'.
5. Amendment of section 158A: tariff order
After section 158A(5) of the Electricity Industry
Act 1993 insert--
'(6) In clause 5.9.1 of the Order referred to in
15 sub-section (4), after "(both inclusive)" insert
", except clause 5.7,".
(7) If a provision of an Order made under this
section, as in force from time to time, ceases
to have effect, the remaining provisions of
20 that Order as so in force continue to have
effect, subject to that Order and this Act,
according to their tenor and so to have effect,
subject to that Order and this Act, as if--
(a) references in those provisions to a
25 provision that has ceased to have effect
were a reference to that provision as in
force immediately before it ceased to
have effect; and
(b) words and expressions used in those
30 provisions that were defined by the
provision that has ceased to have effect
continue to have the same respective
meanings as before the provision
ceased to have effect.'.
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6. Amendment of section 158C
After section 158C(4) of the Electricity Industry
Act 1993 insert--
"(4A) The Order in force under section 158A(1)
5 may be amended, on the recommendation of
the Minister, by Order of the Governor in
Council published in the Government
Gazette--
(a) to insert specified metering and data
10 collection and processing services as
excluded services for the purposes of
clause 5.7; and
(b) to make it clear that clause 5.10 does
not limit the powers of the Office in
15 respect of charges for services which
are excluded services for the purposes
of clause 5.7; and
(c) in relation to public lighting.".
7. Provisions relating to licences
20 (1) In section 162 of the Electricity Industry Act
1993--
(a) in sub-section (2), paragraph (d) is repealed;
(b) sub-section (2AA) is repealed.
(2) After section 163(3)(b) of the Electricity
25 Industry Act 1993 insert--
"(ba) requiring a retailer to have such agreements
with one or more distribution companies as
are necessary to ensure that, subject this Act,
electricity is distributed or supplied to the
30 extent necessary to enable the retailer to sell
electricity to its customers;
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(bb) requiring a distribution company to have
such agreements with retailers as are
necessary to ensure that, subject to this Act,
electricity is distributed or supplied to the
5 extent necessary to enable the retailers to sell
electricity to their customers;
(bc) requiring a distribution company--
(i) to prepare standard agreements for the
purposes of paragraphs (ba) and (bb);
10 and
(ii) to submit those standard agreements to
the Office for approval; and
(iii) to offer a standard agreement approved
by the Office to a retailer for the
15 purposes of paragraphs (ba) and (bb);
(bd) subject to section 170A, requiring a retailer
to enter into an agreement with the State for
the provision of community services;".
(3) In section 163(3) of the Electricity Industry Act
20 1993, for paragraph (c) substitute--
"(c) requiring the licensee to observe specified
industry codes, standards, rules and
guidelines, with such modifications or
exemptions as may be determined by the
25 Office;".
(4) In section 163(6)(a) and (b) of the Electricity
Industry Act 1993, for ", or a document referred
to in such a code," substitute ", standards, rules or
guidelines, or a document referred to in any of
30 them,".
(5) In section 163(7) of the Electricity Industry Act
1993--
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(a) for "or a document referred to in a code"
substitute ", standard, rule or guideline or a
document";
(b) for "or that document" substitute
5 ", standard, rule, guideline or document".
(6) After section 163(7) of the Electricity Industry
Act 1993 insert--
"(8) If a licence is subject to conditions of a kind
referred to in sub-section (3)(k)--
10 (a) the Office must monitor the licensee's
compliance with the customer-related
standards, procedures, policies and
practices developed by the licensee in
accordance with the conditions; and
15 (b) if the Office considers that any of the
customer-related standards, procedures,
policies and practices, or compliance
by the licensee with any of them,
disadvantages, or may disadvantage,
20 any class of its customers, or all of its
customers, the Office may make a
determination requiring the licensee to
modify or revoke any part of the
standards, procedures, policies or
25 practices that causes the disadvantage
or possible disadvantage.
(9) The Office, in making a determination under
sub-section (8)(b), must have regard to the
prices, risks and costs associated with or
30 resulting from the modification or revocation
which is the subject of the determination.
(10) The Office must not make a determination
under sub-section (8)(b) unless the Office
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has given the licensee an opportunity to
make representations on the matter.
(11) Section 27 of the Office of the Regulator-
General Act 1994 applies to the making of a
5 determination under sub-section (8).".
(7) In section 164 of the Electricity Industry Act
1993, for sub-section (3) substitute--
"(3) The Office may revoke a licence in
accordance with the procedures specified in
10 the licence conditions.".
8. New section 163AAA substituted
For section 163AAA of the Electricity Industry
Act 1993 substitute--
'163AAA. Supplier of last resort
15 (1) Without limiting the generality of
section 163, the conditions to which a
licence to distribute or supply, or to sell,
electricity is subject may include a
requirement that, in certain circumstances,
20 the licensee, on terms and conditions
approved by the Office, having regard to the
matters referred to in sub-section (2), supply
or sell electricity to customers to whom
electricity is supplied or sold under another
25 such licence (whether held by that licensee
or another licensee).
(2) In approving the terms and conditions of a
requirement referred to in sub-section (1),
the Office must have regard to--
30 (a) the risks and costs associated with the
requirement; and
(b) the extent to which the licensee or
another licensee has developed systems
to comply with such a requirement; and
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(c) any terms and conditions proposed by
the licensee whether or not at the
request of the Office.
(3) A requirement referred to in sub-section (1)
5 does not apply so as to require the licensee to
supply or sell electricity--
(a) if the licensee's licence provides for a
distribution area, outside that area; or
(b) to a customer to whom electricity is
10 supplied or sold under another licence
if the customer elects, in writing given
to the holder of that other licence, not
to be a customer of that other licensee
for the purposes of sub-section (1).
15 (4) If the conditions to which a licence of a
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
20 with the requirement.
(5) The obligation of a licensee ("the second
licensee") to supply or sell electricity to a
customer to whom electricity is supplied or
sold by another licensee ("the first licensee")
25 in accordance with the requirement referred
to in sub-section (1) commences when--
(a) the first licensee's licence is suspended
or revoked; or
(b) the right of the first licensee to acquire
30 electricity from the market for
wholesale trading in electricity is
suspended or terminated--
whichever first occurs, and ends after
3 months or when the customer advises the
35 second licensee in writing that the supply or
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sale is no longer required, whichever occurs
first.
(6) The Office must notify the second licensee
under sub-section (5), as soon as practicable,
5 of the commencement of the second
licensee's obligation under that sub-section.
(7) The terms and conditions upon which, in the
circumstances referred to in sub-section (5),
a licensee will supply or sell electricity to
10 customers of another licensee are--
(a) the terms and conditions approved by
the Office after proposed terms and
conditions have been submitted by the
licensee for approval; or
15 (b) if--
(i) the licensee has submitted terms
and conditions for approval and
any changes proposed by the
Office are not adopted by the
20 licensee within one month after
being proposed; or
(ii) if the licensee, after being given at
least one month's notice to submit
proposed terms and conditions to
25 the Office, fails to comply with
the request--
the terms and conditions determined by
the Office as the approved terms and
conditions.
30 (8) The licensee or, if the Office determines the
terms and conditions, the Office, must cause
notice of the approved terms and conditions
to be published in the Government Gazette.
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(9) The terms and conditions of which notice
has been published in accordance with sub-
section (8) are binding on the licensee and
the customers to which they apply and, when
5 the licensee is acting in accordance with
those terms and conditions, they have effect
despite any agreement or instrument to the
contrary relating to the distribution or
supply, or sale, of electricity to customers.
10 (10) A licensee and a customer to whom the
licensee has an obligation under sub-section
(5) to supply or sell electricity are deemed to
have entered into a contract on the relevant
terms and conditions published under sub-
15 section (8).'.
9. New sections 169A, 169B, 169C and 169D inserted
After section 169 of the Electricity Industry Act
1993 insert--
'169A. Offer to domestic or small business
20 customers
(1) Without limiting the generality of section
163(2), (2A) or (3), the conditions to which a
licence to sell electricity, being a licence
under which electricity may be sold to
25 domestic or small business customers, is
subject, include a condition requiring the
licensee to offer to supply and sell electricity
to domestic or small business customers,
subject to this section and to any Order in
30 force under section 158AA and to the
conditions of its licence--
(a) at tariffs determined by the licensee and
published by the licensee in the
Government Gazette at least 2 months
35 before they take effect; and
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(b) on terms and conditions determined by
the licensee and approved by the Office
and published by the licensee in the
Government Gazette at least 2 months
5 before they take effect.
(2) The terms and conditions determined by the
licensee for the purposes of sub-section (1)
must not be inconsistent with the terms and
conditions determined by the Office under
10 section 169B(1).
(3) The tariffs determined by a licensee and
published in the Government Gazette under
sub-section (1) may be varied by notice
published by the licensee in the Government
15 Gazette not less than 2 months before the
variation is to take effect.
(4) The terms and conditions determined by a
licensee and published in the Government
Gazette under sub-section (1) may, with the
20 approval of the Office, be varied by notice
published by the licensee in the Government
Gazette not less than 2 months before the
variation is to take effect.
(5) The Governor in Council may, by Order
25 published in the Government Gazette,
declare that a person or class of persons
specified in the Order is, for the purposes of
this section, a domestic or small business
customer or class of domestic or small
30 business customers.
(6) In this section--
"domestic and small business customer"
means a person, or a member of a class
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of persons, to whom an Order under
sub-section (5) applies.
(7) This section expires on 31 December 2003.
169B. Terms and conditions of contract for sale of
5 electricity to certain customers
(1) A term or condition in a contract for the
supply or sale of electricity by a licensee to a
relevant customer must not be inconsistent
with--
10 (a) terms and conditions determined by the
Office that--
(i) specify the circumstances in
which the supply of electricity to
premises may be disconnected;
15 and
(ii) require the licensee to provide
information specified by the
Office about the rights and
entitlements of customers; and
20 (iii) specify the circumstances in
which the licensee requires access
to premises of customers for the
purpose of reading meters or
otherwise; and
25 (iv) make provision for confidentiality
of customer information; and
(b) any other terms and conditions
determined by the Office and provided
for in the licence of the licensee.
30 (2) The Governor in Council may, by Order
published in the Government Gazette,
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declare that a person or class of persons
specified in the Order is, for the purposes of
this section, a relevant customer or class of
relevant customers.
5 (3) In this section--
"relevant customer" means a person, or a
member of a class of persons, to whom
an Order under sub-section (2) applies.
(4) This section expires on 31 December 2003.
10 169C. Deemed contracts with former franchise
customers
(1) If a person--
(a) was a franchise customer immediately
before 1 January 2001; and
15 (b) has not entered into a new contract with
a licensee which takes effect on or after
that date--
there is deemed to be a contract between that
person and the licensee of which the person
20 was a customer immediately before that date
for the supply and sale of electricity at the
tariff determined by the licensee in
accordance with any Order in force under
section 158AA or, if there is no such Order,
25 at tariffs determined by the licensee and
published by the licensee in the Government
Gazette at least 2 months before they take
effect and otherwise on the terms and
conditions applying to that licensee under
30 section 169A until--
(c) the customer revokes the contract; or
(d) the customer enters into a new contract
for the purchase of electricity from that
licensee--
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whichever first occurs.
(2) This section expires on 31 December 2003.
169D. Variation of contracts with former
franchise customers
5 A licensee may, subject to any Order in force
under section 158AA, vary any tariffs
determined by the licensee under section
169C and the terms and conditions of its
contracts under section 169C by notice
10 published--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
Victoria--
not less than 2 months before the variations
15 take effect but not so that the terms and
conditions, as varied, are inconsistent with
the terms and conditions determined by the
Office under section 169B(1).".
10. New section 169E inserted
20 Before section 170 of the Electricity Industry
Act 1993 insert--
"169E. Metering installation identification
The Governor in Council, after consultation
with the Office--
25 (a) may, by Order published in the
Government Gazette, make a direction
requiring a licensee to assign to each
metering installation of a customer to
whom it supplies or sells electricity a
30 unique identifying mark in accordance
with the requirements specified in the
Order; and
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(b) may, by Order published in the
Government Gazette, make a direction
requiring the licensee, if the licensee is
a retailer, to include that mark on each
5 statement of charges for electricity
given to a customer in accordance with
the requirements so specified.".
11. New section 169F inserted
After section 169E of the Electricity Industry
10 Act 1993 insert--
'169F. Arrangements facilitating election by
customer of supply from another retailer
(1) The Governor in Council, after consultation
with the Office, may, by Order published in
15 the Government Gazette, make a direction
requiring the release of prescribed
information by prescribed persons to other
prescribed persons in order to facilitate
arrangements under which a customer of the
20 holder of a licence to sell electricity may
elect to become a customer of the holder of
another such licence.
(2) An Order under this section has effect
according to its tenor despite anything to the
25 contrary in any agreement or contract.
(3) In this section--
"prescribed information" means
information, or information of a class,
relating to, and identifying, customers
30 of holders of licences to sell electricity,
records of the consumption of
electricity by such customers and such
other information as is reasonably
necessary to facilitate the transfer by
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customers who so elect between the
holders of such licences;
"prescribed person" means--
(a) the holder of a licence to
5 distribute or supply electricity;
(b) the holder of a licence to sell
electricity;
(c) a customer of a licensee referred
to in paragraph (a) or (b);
10 (d) NEMMCO;
(e) a person nominated in writing to
the Office by a person referred to
in paragraph (a), (b) or (d) as its
agent for the purposes of this
15 section.'.
12. New sections 170A, 170B and 170C inserted
After section 170 of the Electricity Industry Act
1993 insert--
"170A. Community services
20 (1) An agreement by a retailer with the State for
the provision of community services is an
agreement for a term of not less than 5 years
for the provision by the retailer of electricity
to a class of domestic customers specified by
25 the Secretary to the Department of Human
Services--
(a) at such concessional rates and in such
manner and at such times as are
determined by the Secretary; and
30 (b) on such other terms and conditions as
are agreed between the retailer and the
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State or, in default of agreement, as are
determined by the Secretary.
(2) In determining terms and conditions under
sub-section (1)(b), the Secretary must have
5 regard to the risks and costs associated with
the obligations imposed on the licensee
under the agreement.
170B. Transitional provision relating to
community services
10 (1) An agreement to which this section applies
that, but for this section, would cease to have
effect on 31 December 2000, continues in
force until the expiration of the prescribed
period or revoked upon the making of a new
15 agreement by the licensee with the State for
the provision of community services by way
of the provision of electricity to certain
customers, whichever first occurs.
(2) The prescribed period is the period ending
20 on 31 March 2001 or such other date, not
later than 30 June 2001, as is agreed between
the retailer and the Secretary to the
Department of Human Services.
(3) If a new agreement is not made between the
25 retailer and the State before the expiration of
the prescribed period, an agreement is
deemed to have been entered into on terms
and conditions determined by the Secretary
in accordance with section 170A.
30 (4) This section applies to an agreement in force
before the commencement of section 12 of
the Electricity Industry Acts
(Amendment) Act 2000 under which the
holder of a licence to sell electricity agrees
35 with the State to provide certain community
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services by way of the provision of
electricity to customers.
170C. Office may determine certain matters
(1) The Office, at the request of the Secretary to
5 the Department of Human Services or a
retailer, may--
(a) determine matters referred by the
Secretary or retailer for determination
for the purposes of making an
10 agreement referred to in section 170A
or 170B; or
(b) if an agreement referred to in section
170A or 170B has been entered into or
deemed to be entered into on terms and
15 conditions determined by the Secretary
under section 170A, determine matters
relating to those terms and conditions
(including the variation of any of those
terms and conditions) referred by the
20 Secretary or retailer for determination.
(2) A request relating to a term or condition
determined by the Secretary under section
170A must be made within one month after
notice of the determination is given.
25 (3) A determination by the Office on matters
referred under sub-section (1) is binding on
the parties to the agreement.
(4) If a determination of the Office on matters
referred under sub-section (1) varies a term
30 or condition of an agreement, that agreement
is deemed to be so varied on that
determination being made.
(5) The matters which may be referred to the
Office under this section do not include--
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s. 13
Act No.
(a) any matters relating to the class of
domestic customers specified by the
Secretary under section 170A; or
(b) any matters determined by the
5 Secretary under section 170A(1)(a).".
13. Amendment of section 173
In section 173(7) of the Electricity Industry Act
1993, for "sub-section (2) or (3)" substitute "sub-
section (2), (3) or (4)".
10 14. Statute law revision
In the Electricity Industry Act 1993, Division 1
of Part 2 is repealed.
_______________
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s. 15
Act No.
PART 3--ELECTRICITY SAFETY ACT 1998
No. 25/1998. 15. Definition of tree
Reprint No. 1
as at In section 3 of the Electricity Safety Act 1998
31 December
insert--
1999.
5 ' "tree" includes vegetation;'.
16. Exemptions
After section 4(1)(d) of the Electricity Safety Act
1998 insert--
"; or
10 (e) do not have effect in relation to specified
electricity suppliers or a class of electricity
suppliers or do not have effect to such an
extent as is specified.".
17. New section 41B inserted
15 After section 41A of the Electricity Safety Act
1998 insert--
"41B. Supervisor deemed to carry out certain
work
If, under this Act or the regulations, a
20 licensed electrical installation worker
supervises the carrying out of electrical
installation work by another person, then, for
the purposes of this Division--
(a) the licensed electrical installation
25 worker is deemed to be the person
carrying out the work; and
(b) the other person is deemed not to have
carried out the work.".
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18. Electrical equipment
In the Electricity Safety Act 1998--
(a) in section 54, after "supply" insert "or offer
to supply";
5 (b) in section 57(2), after "supply" insert "or
offer to supply";
(c) in section 60(2) after "supply" insert "or
offer to supply";
(d) in section 68--
10 (i) omit "(1)";
(ii) after "supply" insert "or offer to
supply";
(iii) sub-section (2) is repealed.
19. New Division 1A inserted in Part 8
15 After section 83 of the Electricity Safety Act
1998 insert--
"Division 1A--Bushfire mitigation
83A. Bushfire mitigation plans
(1) An electricity supplier must, before 1 July in
20 each year, prepare and submit to the Office
for approval a plan of the supplier's
proposals for mitigation of bushfire danger
in relation to its electric lines and electrical
installations.
25 (2) A plan under sub-section (1)--
(a) must be in or to the effect of a form
approved by the Office; and
(b) must include the prescribed particulars.
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(3) An electricity supplier must cause a copy of
the plan prepared and approved by the Office
under this section to be available for
inspection at its principal office in the State
5 during ordinary business hours during the
year to which the plan relates.
83B. Inspection of private overhead lines
(1) An electricity supplier that has a distribution
area must cause an inspection to be carried
10 out at such times as are prescribed, and in
accordance with the prescribed standards (if
any), of private electric lines that are above
the surface of land within its distribution
area, other than any prescribed parts of those
15 lines.
(2) An electricity supplier must give to the
occupier of land above which there is a
private electric line notice in the prescribed
form (if any) during the prescribed period (if
20 any) before an inspection under sub-section
(1) is carried out.
(3) An electricity supplier may, for the purpose
of an inspection under this section, enter
onto land at any reasonable time for the
25 purposes of inspecting a private electric line
under this section and remain on the land for
so long as is necessary to inspect the line.
(4) If an inspection carried out under this section
reveals that maintenance is required on a
30 private electric line above land, the
electricity supplier must give the owner of
the land written notice of the maintenance
required.".
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20. Electricity safety management schemes
(1) After section 107(1)(b) of the Electricity Safety
Act 1998 insert--
'; and
5 (c) may permit a person ("the scheme
operator") to submit an electricity safety
management scheme in respect of electrical
work carried out at specified premises
occupied by that person by electrical workers
10 employed or engaged by that person.'.
(2) In the Electricity Safety Act 1998--
(a) in section 107(2)(b), after "upstream
network" insert "or of the electrical work at
premises to which the scheme applies,";
15 (b) after section 108(2)(b) insert--
"; or
(c) whether the proposals for electrical
work carried out at premises to which
the scheme relates will be fit for the
20 purpose--";
(c) in section 111(1)(a), for "regulations; and"
substitute--
"regulations; or
(iii) that the scheme is appropriate for the
25 electrical work carried out at the
premises to which it applies; and".
(3) In section 113(2) of the Electricity Safety Act
1998, for "45(2), 45(3)" substitute "45(1), (2) or
(3)".
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s. 21
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(4) After section 113(2) of the Electricity Safety Act
1998 insert--
"(2A) If a scheme submitted under section
107(1)(c) is approved by Order of the
5 Governor in Council under this Division, the
Office may exempt a person carrying out a
specified class or type of electrical work on
the premises to which the scheme applies
from compliance with any of the regulations
10 relating to the carrying out of that class or
type of work or from compliance with
section 44(2), 45(1), (2) or (3) or 45A.".
21. Regulations
In the Electricity Safety Act 1998--
15 (a) in section 149A(g), after "managers" insert
"subject to conditions (if any) specified by
the Office";
(b) in section 150(h), after "schemes" insert
"subject to conditions (if any) specified by
20 the Office";
(c) in section 157(1)(a), after "charges" insert
", including maximum or minimum fees and
charges,".
22. New section 162A inserted
25 After section 162 of the Electricity Safety Act
1998 insert--
'162A. Making of certain statutory rules
(1) A notice advising of the decision to make a
proposed statutory rule referred to in sub-
30 section (2) is deemed to have been published
in the Government Gazette as soon as
practicable after the decision was made and
to have been so published before the
proposed statutory rule was made.
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(2) In sub-section (1), "proposed statutory
rule" means any of the following proposed
statutory rules that were made on
14 December 1999 as--
5 (a) the Electricity Safety (Management)
Regulations 1999;
(b) the Electricity Safety (Network Assets)
Regulations 1999;
(c) the Electricity Safety (Electric Line
10 Clearance) Regulations 1999.'.
23. Amendment of Schedule 1
In Schedule 1 to the Electricity Safety Act
1998--
(a) in clause 6(1), after "panel of 3" insert "or
15 more";
(b) in clause 7(3), paragraph (b) is repealed.
24. Statute law revision
In the Electricity Safety Act 1998--
(a) after section 45(4)(b) insert "and";
20 (b) in section 46(1)(a)(ii), after "carried" insert
"out";
(c) in section 55(a), before "Office" insert "the";
(d) in section 65(2), for "period the specified"
substitute "period specified";
25 (e) in section 87(1), for "a Electric" substitute
"an Electric";
(f) in section 87(8), after "Electric Line
Clearance" insert "Consultative".
_______________
30
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Electricity Industry Acts (Amendment) Act 2000
s. 25
Act No.
PART 4--OFFICE OF THE REGULATOR-GENERAL
ACT 1994
No. 42/1994. 25. Amendment of section 27C
Reprint No. 3
In section 27C of the Office of the Regulator-
as at
24 August
5 General Act 1994--
1999.
(a) in sub-section (1) for "or 32" substitute
", 32 or 34D";
(b) in sub-section (2)(c) for sub-paragraph (iii)
substitute--
10 "(iii) setting out a copy of this section and
section 27D, and as the case requires,
section 33 or section 34E; and";
(c) in sub-section (3)(b) after "inquiry" insert
"or investigation";
15 (d) in sub-section (3)(c) after "33(1A)" insert
"or 34E(2)".
26. Amendment of section 29
In section 29(1) of the Office of the Regulator-
General Act 1994, after "refers to the Office"
20 insert "under this Part".
27. New Part 4A inserted
After Part 4 of the Office of the Regulator-
General Act 1994 insert--
"PART 4A--SPECIAL REFERENCES
25 34A. Reference by Minister
(1) The Office must conduct an investigation
into any matter relating to a regulated
industry which the Minister or the Minister
administering the Electricity Industry Act
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1993 by written notice refers to the Office
under this Part.
(2) The written notice must specify the terms of
reference for the investigation.
5 (3) The Minister--
(a) may specify a period within which a
report is to be submitted to the
Minister;
(b) may require the Office to make a draft
10 report publicly available or available to
specified persons or bodies during the
investigation;
(c) may require the Office to consider
specified matters;
15 (d) may give the Office specific directions
in respect of the conduct of the
investigation;
(e) may specify objectives that the Office
is to have in performing its functions
20 and exercising its powers in relation to
the investigation.
(4) If the Minister has referred a matter to the
Office for investigation, the Minister may,
by written notice given to the Office,
25 withdraw or amend the reference at any time
before the Minister has received the report
from the Office.
(5) The Minister must cause a notice given to
the Office under this section to be published
30 in the Government Gazette.
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Act No.
34B. Conduct of investigation
(1) Subject to this Act and any directions under
section 34A(3)(d), the Office may conduct
an investigation under this Part in such a
5 manner as it considers appropriate.
(2) In conducting an investigation, the Office is
not bound by rules or practices as to
evidence but may inform itself in relation to
any matter in such manner as the Office
10 considers appropriate.
(3) The Office may receive written submissions
or statements.
(4) If the Office holds a public hearing--
(a) the Office has a discretion as to
15 whether any person may appear before
the Office in person or be represented
by another person;
(b) the Office may determine that the
hearing, or part of the hearing, be held
20 in private if it is satisfied that--
(i) it would be in the public interest;
or
(ii) the evidence is of a confidential or
commercially sensitive nature.
25 (5) In conducting an investigation, the Office--
(a) may consult with any person that it
considers appropriate;
(b) may hold public seminars and hold
workshops;
30 (c) may establish working groups and task
forces.
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34C. Objectives under section 7 etc. not to apply
Except to the extent (if any) that the Minister
otherwise determines, the objectives of the
Office under this or any other Act do not
5 apply to the functions and powers of the
Office under this Part.
34D. Powers relating to investigations
(1) The Office may serve upon any person a
summons--
10 (a) to provide specified information;
(b) to produce specified documents;
(c) to appear before the Office to give
evidence.
(2) The Office may make an order for the
15 manner of service, including substituted
service, of a summons under sub-section (1).
(3) A person must not, without lawful excuse,
disobey a summons of the Office.
Penalty: 100 penalty units or imprisonment
20 for 2 years.
(4) It is a lawful excuse for the purposes of sub-
section (3) that compliance may tend to
incriminate the person or make the person
liable to a penalty for any other offence.
25 (5) A person must not give information to the
Office that he or she knows is false or
misleading.
Penalty: 100 penalty units or imprisonment
for 2 years.
30 (6) A person must not--
(a) threaten, intimidate or coerce another
person; or
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Act No.
(b) take, threaten to take, incite or be
involved in any action that causes
another person to suffer any loss, injury
or disadvantage--
5 because that other person assisted, or intends
to assist, any investigation conducted by the
Office.
Penalty: 100 penalty units or imprisonment
for 2 years.
10 (7) Civil proceedings do not lie against a person
in respect of loss, damage or injury of any
kind suffered by another person because of
the making in good faith of a statement, or
the giving in good faith of a document or
15 information to the Office in connection with
an investigation under this Part, whether or
not the statement is made, or the document
or information is given, in connection with a
written submission or a public hearing.
20 34E. Reports
(1) The Office must submit a copy of its report
on an investigation to the Minister.
(2) If, in the opinion of the Office, a report will
contain confidential or commercially
25 sensitive information, the Office must divide
the report into--
(a) a document containing the confidential
or commercially sensitive information;
and
30 (b) a document containing the rest of the
report.
(3) Any information that the Office may disclose
under section 27C is not confidential or
commercially sensitive for the purposes of
35 sub-section (2) unless an appeal panel states
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s. 28
Act No.
that it is imposing a restriction under section
27D(6)(b).
(4) If the Office submits a final report to the
Minister in the form required by sub-section
5 (2), a reference to the final report in sub-
sections (5), (6) and (7) is to be read as a
reference to the document described in sub-
section (2)(b).
(5) The Minister must cause a copy of the final
10 report to be laid before each House of the
Parliament within 7 sitting days of the House
after receiving the final report.
(6) The Minister must, after the final report has
been laid before each House of the
15 Parliament, or if the Parliament is not sitting,
within 30 days after receiving a final report,
ensure that a copy of the final report is
available for public inspection.
(7) After the Minister has made a final report
20 publicly available, the Office must ensure
that copies are available for purchase by
members of the public.
(8) This Part expires on 31 December 2003.".
28. Supreme Court--limitation of jurisdiction
25 At the end of section 41 of the Office of the
Regulator-General Act 1994 insert--
"(2) It is the intention of section 34D(7) to alter
or vary section 85 of the Constitution Act
1975.".
30 29. Statute law revision
In the Office of the Regulator-General Act
1994--
(a) in section 27B(5)(b), for "regarded"
substitute "regard";
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Act No.
(b) in section 43, sub-section (3) is repealed.
_______________
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Electricity Industry Acts (Amendment) Act 2000
s. 30
Act No.
PART 5--NATIONAL ELECTRICITY (VICTORIA) ACT 1997
No. 29/1997
30. New section 8C inserted as amended
by
After section 8B of the National Electricity No. 55/1997.
(Victoria) Act 1997 insert--
5 "8C. National Electricity Law may be relevant
legislation
If there is in force an Order made by the
Governor in Council and published in the
Government Gazette declaring the provisions
10 of the National Electricity (Victoria) Law or
of the Code within the meaning of that Law,
or specified provisions of that Law or Code,
to be relevant legislation for the purposes of
section 8 of the Office of the Regulator-
15 General Act 1994, then, for those
purposes--
(a) those provisions are relevant
legislation; and
(b) the electricity industry is a regulated
20 industry.".
_______________
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Electricity Industry Acts (Amendment) Act 2000
s. 31
Act No.
PART 6--AMENDMENT OF OTHER ACTS
31. Electricity Industry (Further Amendment) Act 1994
No. 110/1994 In section 4 of the Electricity Industry (Further
as amended
Amendment) Act 1994, sub-sections (3) and (4)
by Nos
56/1995 and
5 are repealed.
10/1998.
32. Electricity Industry (Further Miscellaneous
Amendment) Act 1997
No. 55/1997. In section 8 of the Electricity Industry (Further
Miscellaneous Amendment) Act 1997,
10 paragraph (a) is repealed.
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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