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PARLIAMENT OF VICTORIA
Electricity Industry Legislation (Miscellaneous
Amendments) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993 3
3. Change of Title 3
4. Definitions 3
5. Application of Act 4
6. Repeal of section 27 4
7. Repeal of Part 2A 4
8. Definition of electricity corporation 4
9. Repeal of certain provisions of Part 3 4
10. Easements 4
11. Repeal of Parts 3A and 3AA 4
12. Repeal of section 91C 4
13. Tariff Order 4
14. Repeal of certain provisions of Part 12 5
15. Repeal of Part 13 5
16. New section 209A inserted 5
209A. Preservation of appurtenant National Electricity
easements 5
17. New section 223 inserted 6
223. Certain rights deemed to be easements appurtenant to all
lands of National Electricity 6
18. New section 224 inserted 7
224. Savings and transitional provisions 7
19. Repeal of Schedule 2 7
20. Substitution of Schedule 4 7
PART 3--AMENDMENT OF ELECTRICITY SAFETY ACT 1998 12
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Clause Page
21. Definitions 12
22. Orders in Council 12
23. Supervisor deemed to carry out work 12
24. Regulation of installation 12
25. Exemption 13
26. Rights of appeal 13
27. Bushfire mitigation penalties 13
28. Enforcement officers 14
29. Chief electrical inspector may give directions 14
30. Electrical contractors and electrical workers regulations 14
31. Statute law revision 15
PART 4--AMENDMENT OF GAS INDUSTRY ACT 1994 16
32. Powers and functions of VENCorp 16
33. Directors of VENCorp 16
PART 5--AMENDMENT OF OFFICE OF THE REGULATOR-
GENERAL ACT 1994 17
34. Definitions 17
35. Price determinations 17
36. Other regulatory powers 17
37. Determinations 18
38. Reference to Minister 18
PART 6--AMENDMENT OF STATE ELECTRICITY
COMMISSION ACT 1958 19
39. Definitions 19
40. Functions and powers of Commission 20
41. Payment to Consolidated Fund 20
42. Financial accommodation 20
43. Directions relating to assets 20
44. Easements 20
45. Electric light and power 21
PART 7--AMENDMENT OF OTHER ACTS 22
46. Alpine Resorts (Management) Act 1997 22
47. Country Fire Authority Act 1958 22
48. Crown Land (Reserves) Act 1978 22
49. Electricity Industry Acts (Amendment) Act 2000 22
50. Emergency Services Superannuation Act 1986 23
51. Essential Services Act 1958 23
52. Essential Services Legislation (Dispute Resolution) Act 2000 23
53. Forests Act 1958 23
54. Gas and Fuel Corporation (Repeal) Act 1995 24
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541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000
Clause Page
55. Land Act 1958 24
56. Land Tax Act 1958 24
57. Magistrates' Court Act 1989 25
56C. Electricity Industry Act 2000 25
58. Melbourne and Metropolitan Board of Works Act 1958 25
59. Melbourne City Link Act 1995 25
60. Mineral Resources Development Act 1990 26
61. National Parks Act 1975 26
62. Snowy Hydro Corporatisation Act 1997 27
63. Transport Act 1983 27
64. Treasury Corporation of Victoria Act 1992 27
65. Water Act 1989 28
ENDNOTES 30
iii
541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 6 September 2000
As amended in Assembly 24 October 2000
A BILL
to amend the Electricity Industry Act 1993 as a consequence of the
Electricity Industry Act 2000, to amend the Electricity Safety Act
1998, the Gas Industry Act 1994, the Office of the Regulator-
General Act 1994 and the State Electricity Commission Act 1958
and other Acts and for other purposes.
Electricity Industry Legislation
(Miscellaneous Amendments) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
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Electricity Industry Legislation (Miscellaneous Amendments)
Act 2000
s. 2
Act No.
(a) to amend the Electricity Industry Act 1993
as a consequence of the Electricity Industry
Act 2000; and
(b) to amend the Electricity Safety Act 1998 to
5 improve the operation of that Act; and
(c) to make minor and consequential
amendments to the Gas Industry Act 1994,
the Office of the Regulator-General Act
1994 and the State Electricity Commission
10 Act 1958 and other Acts.
2. Commencement
(1) Sections 1 and 13 and this section come into
operation on the day on which this Act receives
the Royal Assent.
15 (2) Section 16 is deemed to have come into operation
on 14 December 1995.
(3) Section 17 is deemed to have come into operation
on 22 March 1994.
(4) The remaining provisions of this Act come into
20 operation on 1 January 2001.
_______________
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Act No.
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993
3. Change of Title
In the title of the Electricity Industry Act 1993,
5 after "Industry" insert "(Residual
Provisions)".
4. Definitions
In section 3(1) of the Electricity Industry Act
1993--
10 (a) for the definition of "distribution company"
substitute--
' "distribution company" has the same
meaning as in the Electricity Industry
Act 2000;';
15 (b) the definition of "enforcement officer" is
repealed;
(c) for the definition of "generation company"
substitute--
' "generation company" has the same
20 meaning as in the Electricity Industry
Act 2000;';
(d) for the definitions of "licence" and "licensee"
substitute--
' "licence" has the same meaning as in the
25 Electricity Industry Act 2000;
"licensee" has the same meaning as in the
Electricity Industry Act 2000;';
(e) for the definition of "transmission company"
substitute--
3
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Act No.
' "transmission company" has the same
meaning as in the Electricity Industry
Act 2000;'.
5. Application of Act
5 In section 4A(1) of the Electricity Industry Act
1993 omit "or in another Act".
6. Repeal of section 27
Section 27 of the Electricity Industry Act 1993
is repealed.
10 7. Repeal of Part 2A
Part 2A of the Electricity Industry Act 1993 is
repealed.
8. Definition of electricity corporation
In section 42AA of the Electricity Industry Act
15 1993, omit "and Schedule 2".
9. Repeal of certain provisions of Part 3
Sections 42, 42A, 42B, 44, 44A, 45, 45A, 45B, 46
and 47 of the Electricity Industry Act 1993 are
repealed.
20 10. Easements
In section 43 of the Electricity Industry Act
1993, sub-section (2) is repealed.
11. Repeal of Parts 3A and 3AA
Parts 3A and 3AA of the Electricity Industry
25 Act 1993 are repealed.
12. Repeal of section 91C
Section 91C of the Electricity Industry Act 1993
is repealed.
13. Tariff Order
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Act 2000
s. 14
Act No.
In section 158C of the Electricity Industry Act
1993, before sub-section (5) insert--
"(4B) The Order in force under section 158A(1)
may be amended, on the recommendation of
5 the Minister, by Order of the Governor in
Council published in the Government
Gazette--
(a) to vary the provisions in clause 2.5 of
that Order in relation to the giving of
10 notices to customers and to extend the
period of operation of that clause; and
(b) to vary clause 5.7.5 to provide for
regulation by the Office of terms and
charges for excluded services to the
15 extent that the terms and charges for
those excluded services are not
regulated under the licenses referred to
in clause 5.7.5.".
14. Repeal of certain provisions of Part 12
20 Sections 155A, 157A, 158, 158AA, 158A, 158C,
159, 160, 161, 162, 163, 163AAA, 163AAB,
163AA, 164, 164A, 165, 165A, 166, 167, 168,
169, 169A, 169B, 169C, 169D, 169E, 170, 170A,
170B and 170C of the Electricity Industry Act
25 1993 are repealed.
15. Repeal of Part 13
Part 13 of the Electricity Industry Act 1993 is
repealed.
16. New section 209A inserted
30 After section 209 of the Electricity Industry Act
1993 insert--
"209A. Preservation of appurtenant National
Electricity easements
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Act No.
(1) Any easement vested in National Electricity
immediately before 14 December 1995
which is expressed in any instrument to be
appurtenant to the land described in folio of
5 the Register Volume 8053 folio 479 is
deemed to be an easement vested in National
Electricity and appurtenant to the lands
vested in National Electricity for the time
being and from time to time and to every part
10 thereof.
(2) Sub-section (1) applies--
(a) despite anything to the contrary in any
instrument; and
(b) despite the surrender to the Crown under
15 section 207 of the land described in former
certificate of title Volume 8053 folio 479
and certificate of title Volume 8274 folio
867.".
17. New section 223 inserted
20 After section 222 of the Electricity Industry Act
1993 insert--
"223. Certain rights deemed to be easements
appurtenant to all lands of National
Electricity
25 The easements expressed in any instrument
to be appurtenant to the land described in
folio of the Register Volume 6017 Folio 307
are deemed to be easements vested in
National Electricity and appurtenant to the
30 lands vested in National Electricity for the
time being and from time to time and to
every part thereof despite the transfer of that
land by Electricity Services Victoria on 22
March 1994 to--
35 (a) Andreas Antonius Agterhuis;
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Act 2000
s. 18
Act No.
(b) Carol Joy Agterhuis;
(c) Stephen Foster Smith;
(d) Margaret Elizabeth Smith;
(e) Kerry Mark Cunnington;
5 (f) Ronald Jeffrey Francis James;
(g) Ann James;
(h) Jointmore Pty Ltd;
(i) Josamit Holdings Pty Ltd.".
18. New section 224 inserted
10 After section 223 of the Electricity Industry Act
1993 insert--
"224. Savings and transitional provisions
Schedule 4 has effect.".
19. Repeal of Schedule 2
15 Schedule 2 to the Electricity Industry Act 1993
is repealed.
20. Substitution of Schedule 4
For Schedule 4 to the Electricity Industry Act
1993 substitute--
20 'SCHEDULE 4
SAVINGS AND TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule--
"old Act" means the Electricity Industry Act
25 1993.
2. General transitional provisions
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Act No.
(1) This Schedule does not affect or take away from
the Interpretation of Legislation Act 1984.
(2) Without limiting sub-clause (1), in declaring that
certain provisions of the Electricity Industry Act
5 2000 are to be treated as re-enacting with
modifications certain provisions of the old Act,
this Schedule must not be taken to--
(a) limit the operation of any provision of the
Interpretation of Legislation Act 1984
10 relating to the re-enactment; or
(b) be an exhaustive list of the provisions of the
old Act re-enacted by the Electricity
Industry Act 2000.
(3) This Schedule applies despite anything to the
15 contrary in any other provision of this Act or the
Electricity Industry Act 2000.
3. Re-enacted provisions
A provision of the old Act specified in Column 1
of the Table is deemed to be re-enacted (with
20 modifications) by the provision of the Electricity
Industry Act 2000 appearing opposite in
Column 2 of the Table.
TABLE
Old Provision New Provision
section 27(2) to (4) section 117
section 42A section 86
section 42B section 87
section 44 section 88
section 44A section 89
section 45 section 90
section 45A section 91
section 45B section 92
section 46 section 94
section 47 section 93
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Parts 3A and 3B Part 6
section 155A section 11
section 158 section 12
Old Provision New Provision
section 158AA section 13
section 159 section 16
section 160 section 17
section 161 section 18
section 162 section 19
section 163(1), (2), (2A) section 20
section 163(3) section 21
section 163(4) section 22
section 163(5) section 24
section 163(6) and (7) section 25
section 163(8), (9), (10), (11) section 26
section 163AAA section 27
section 164 section 29
section 164A section 32
section 165 section 30
section 166 section 34
section 167 section 31
section 169A section 35
section 169B section 36
section 169C section 37
section 169D section 38
section 170A section 47
section 170B section 48
section 170C section 49
Part 13 Part 3
Schedule 2 Schedule
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Act No.
4. Superseded references to old Act
On the commencement of this clause, in any Act
(other than this Act or the Electricity Industry
Act 2000), or in any instrument made under any
5 Act or in any other document of any kind a
reference to the old Act--
(a) to the extent that the reference relates to a
provision of the old Act re-enacted in the
Electricity Industry Act 2000, is deemed to
10 be a reference to the Electricity Industry
Act 2000; and
(b) to the extent that the reference relates to any
other provision of the old Act, is deemed to
be a reference to the Electricity Industry
15 (Residual Provisions) Act 1993.
5. Licences
A licence issued under Part 12 of the old Act as in
effect immediately before the commencement of
this clause is deemed to be a licence issued under
20 Part 2 of the Electricity Industry Act 2000.
6. Tariff Order
(1) Despite the repeal of section 158A of the old Act,
the Order made under that section on 20 June 1995
and published in the Government Gazette on 30
25 June 1995 as in effect immediately before the
commencement of this clause continues in effect
and may be amended, varied or revoked in
accordance with section 14 of the Electricity
Industry Act 2000.
30 (2) Despite the revocation of clause 4.4 of the Order
referred to in sub-clause (1) by section 158A(4) of
the Electricity Industry Act 1993, the revocation
does not have effect for the purposes of the Order
as a retailing change in taxes, a PowerNet change
35 in taxes, a network change in taxes or a generator
change in taxes within the meaning of the Order.
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s. 20
Act No.
7. Orders under section 158AA
An Order under section 158AA of the old Act as
in effect immediately before the commencement of
this clause is deemed to be an Order made under
5 section 13 of the Electricity Industry Act 2000.
8. Exemptions under section 160
An Order under section 160 of the old Act as in
effect immediately before the commencement of
this clause is deemed to be an Order made under
10 section 17 of the Electricity Industry Act 2000.'.
_______________
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Act 2000
s. 21
Act No.
PART 3--AMENDMENT OF ELECTRICITY SAFETY ACT
1998
21. Definitions
In section 3 of the Electricity Safety Act 1998--
5 (a) in the definition of "distribution area" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000";
(b) in the definition of "distribution company"
for "Electricity Industry Act 1993"
10 substitute "Electricity Industry Act
2000".
22. Orders in Council
(1) In section 4(1) of the Electricity Safety Act 1998
omit "and on the recommendation of the Office,".
15 (2) In section 47(1) of the Electricity Safety Act
1998 omit ", on the recommendation of the
Office,".
23. Supervisor deemed to carry out work
At the end of section 41B of the Electricity
20 Safety Act 1998 insert--
"(2) Sub-section (1) does not apply in respect of a
licensed electrical installation worker
supervising the carrying out of electrical
installation work pursuant to the conditions
25 of registration applying to a registered
electrical contractor.".
24. Regulation of installation
(1) In section 46(1)(a) of the Electricity Safety Act
1998 for sub-paragraphs (i) and (ii) substitute--
30 "(i) a person who is the holder of a licence under
section 19 of the Electricity Industry Act
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Act 2000
s. 25
Act No.
2000, for the purposes of carrying out
activities authorised under the licence; or
(ii) a person who is exempted under the
Electricity Industry Act 2000 from holding
5 a licence under section 19 of that Act, for the
purposes of carrying out activities authorised
to be carried out under the terms of the
exemption; or".
(2) In section 46 of the Electricity Safety Act 1998,
10 sub-section (2) is repealed.
25. Exemption
In section 47(3)(b) of the Electricity Safety Act
1998 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
15 26. Rights of appeal
In section 70(3)(b) of the Electricity Safety Act
1998 for "Part 12 of the Electricity Industry Act
1993" substitute "Part 2 of the Electricity
Industry Act 2000".
20 27. Bushfire mitigation penalties
(1) At the foot of section 83A(1) of the Electricity
Safety Act 1998 insert--
"Penalty : In the case of a natural person,
15 penalty units;
25 In the case of a body corporate,
75 penalty units.".
(2) At the foot of section 83A(3) of the Electricity
Safety Act 1998 insert--
"Penalty : In the case of a natural person,
30 10 penalty units;
In the case of a body corporate,
50 penalty units.".
13
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Act No.
(3) At the foot of section 83B(1) of the Electricity
Safety Act 1998 insert--
"Penalty : In the case of a natural person,
50 penalty units;
5 In the case of a body corporate,
250 penalty units.".
28. Enforcement officers
(1) In sections 121(1) and 121(4) of the Electricity
Safety Act 1998 for "Electricity Industry Act
10 1993" substitute "Electricity Industry Act
2000".
(2) In sections 138 and 139 of the Electricity Safety
Act 1998 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
15 29. Chief electrical inspector may give directions
In section 141(3) of the Electricity Safety Act
1998 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
30. Electrical contractors and electrical workers
20 regulations
In section 156 of the Electricity Safety Act
1998--
(a) for paragraph (a) substitute--
"(a) the qualifications (including courses of
25 training and examination, re-
examination, assessment and re-
assessment) required for registration of
electrical contractors or any class of
electrical contractors;";
30 (b) in paragraph (f) after "examination," insert
"assessment,";
(c) in paragraph (j) before "theoretical" insert
"assessment or any".
14
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Act 2000
s. 31
Act No.
31. Statute law revision
In sections 122(1)(b) and 134(1)(c) of the
Electricity Safety Act 1998 for "electrical"
substitute "electricity".
5 _______________
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Act No.
PART 4--AMENDMENT OF GAS INDUSTRY ACT 1994
32. Powers and functions of VENCorp
In section 16CA of the Gas Industry Act 1994
for "Electricity Industry Act 1993" substitute
5 "Electricity Industry Act 2000".
33. Directors of VENCorp
After section 16F(2)(a) of the Gas Industry Act
1994 insert--
"(aa) who are not officers or employees of the
10 holder of a licence issued under Part 2 of the
Electricity Industry Act 2000; and".
_______________
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Act No.
PART 5--AMENDMENT OF OFFICE OF THE REGULATOR-
GENERAL ACT 1994
34. Definitions
(1) In section 3(1) of the Office of the Regulator-
5 General Act 1994 insert--
' "Tariff Order" has the same meaning as in the
Electricity Industry Act 2000;'.
(2) In section 3(3) of the Office of the Regulator-
General Act 1994 for "Electricity Industry Act
10 1993" substitute "Electricity Industry Act
2000".
35. Price determinations
In section 25 of the Office of the Regulator-
General Act 1994 for sub-section (1)
15 substitute--
"(1) This section is subject to anything to the
contrary in the relevant legislation or in an
Order in Council under section 3(2) or in the
Tariff Order or in any Order under Division
20 2 of Part 2 of the Electricity Industry Act
2000 specifying the prescribed prices or
prescribed goods and services in respect of
which the Office is exercising its power of
regulation.".
25 36. Other regulatory powers
(1) In section 26(1) of the Office of the Regulator-
General Act 1994 for "under section 158A of the
Electricity Industry Act 1993" substitute "in the
Tariff Order or in any Order under Part 2 of the
30 Electricity Industry Act 2000".
(2) In section 26 of the Office of the Regulator-
General Act 1994, for sub-section (3)
substitute--
17
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Act No.
"(3) This section is subject to anything to the
contrary in the relevant legislation or in an
Order in Council under section 3(2) or in the
Tariff Order or in any Order made under
5 Part 2 of the Electricity Industry Act
2000.".
37. Determinations
In section 27 of the Office of the Regulator-
General Act 1994 for sub-section (4)
10 substitute--
"(4) Subject to anything to the contrary in the
Tariff Order or in any Order made under
Part 2 of the Electricity Industry Act 2000,
a determination has effect until it is amended
15 or revoked by a later determination or until
such other date as is specified in the
determination.".
38. Reference to Minister
In section 34A(1) of the Office of the Regulator-
20 General Act 1994 for "Electricity Industry Act
1993" substitute "Electricity Industry Act
2000".
_______________
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Act No.
PART 6--AMENDMENT OF STATE ELECTRICITY
COMMISSION ACT 1958
39. Definitions
In section 3(1) of the State Electricity
5 Commission Act 1958--
(a) in the definition of "Administrator" after
"Industry" insert "(Residual
Provisions)";
(b) in the definition of "chief electrical
10 inspector" for "Part 4 of the Electricity
Industry Act 1993" substitute "the
Electricity Safety Act 1998";
(c) in the definition of "distribution company"
for "Electricity Industry Act 1993"
15 substitute "Electricity Industry Act
2000";
(d) for the definition of "electricity corporation"
substitute--
' "electricity corporation" means
20 VENCorp, a generation company, a
transmission company or a distribution
company within the meaning of the
Electricity Industry Act 2000;';
(e) in the definition of "generation company" for
25 "Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000";
(f) in the definition of "public generation
company" after "Industry" insert
"(Residual Provisions)";
30 (g) in the definition of "public transmission
company" after "Industry" insert
"(Residual Provisions)";
19
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Act No.
(h) in the definition of "transmission company"
for "Electricity Industry Act 1993"
substitute "Electricity Industry Act
2000".
5 40. Functions and powers of Commission
In section 12A(1) of the State Electricity
Commission Act 1958--
(a) in paragraph (b) after "Industry" insert
"(Residual Provisions)";
10 (b) in paragraph (c) after "Industry" insert
"(Residual Provisions)";
(c) in paragraph (ea) after "Industry" insert
"(Residual Provisions)".
41. Payment to Consolidated Fund
15 In section 82A(1) of the State Electricity
Commission Act 1958 for "section 12 or 12B of
the Electricity Industry Act 1993" substitute
"section 12 of the Electricity Industry (Residual
Provisions) Act 1993".
20 42. Financial accommodation
In section 85D(1) of the State Electricity
Commission Act 1958 after "Industry" insert
"(Residual Provisions)".
43. Directions relating to assets
25 In section 101(2) of the State Electricity
Commission Act 1958 for "the date on which the
Electricity Industry Act 1993 receives the Royal
Assent" substitute "14 December 1993".
44. Easements
20
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Act No.
In section 103A of the State Electricity
Commission Act 1958, sub-section (3) is
repealed.
45. Electric light and power
5 In section 107 of the State Electricity
Commission Act 1958 for "Electricity Industry
Act 1993" substitute "Electricity Industry Act
2000".
_______________
10
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s. 46
49
Act No.
PART 7--AMENDMENT OF OTHER ACTS
46. Alpine Resorts (Management) Act 1997
(1) In section 9(6) of the Alpine Resorts
(Management) Act 1997 for "Electricity
5 Industry Act 1993" substitute "Electricity
Industry Act 2000".
(2) In section 10(3) of the Alpine Resorts
(Management) Act 1997 for "Electricity
Industry Act 1993" substitute "Electricity
10 Industry Act 2000".
(3) In section 11(3) of the Alpine Resorts
(Management) Act 1997, in the definition of
"electricity company" for "Electricity Industry
Act 1993" substitute "Electricity Industry Act
15 2000".
47. Country Fire Authority Act 1958
In section 32(2) of the Country Fire Authority
Act 1958 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
20 48. Crown Land (Reserves) Act 1978
(1) In section 17BA of the Crown Land (Reserves)
Act 1978 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
(2) In section 17DAA of the Crown Land (Reserves)
25 Act 1978 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
(3) In section 18A(3) of the Crown Land (Reserves)
Act 1978, in the definition of "electricity
company" for "Electricity Industry Act 1993"
30 substitute "Electricity Industry Act 2000".
49. Electricity Industry Acts (Amendment) Act 2000
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Act No.
Section 11 of the Electricity Industry Acts
(Amendment) Act 2000 is repealed.
50. Emergency Services Superannuation Act 1986
In section 22B(1) of the Emergency Services
5 Superannuation Act 1986--
(a) in the definition of "VEI Super Pty Ltd" after
"Electricity Industry" insert "(Residual
Provisions)";
(b) in the definition of "Victorian Electricity
10 Industry Superannuation Fund" for
"Electricity Industry Act 1993" substitute
"Electricity Industry (Residual
Provisions) Act 1993".
51. Essential Services Act 1958
15 In section 3 of the Essential Services Act 1958 in
the definition of "essential service" for "VPX, a
distribution company or generation company
within the meaning of the Electricity Industry
Act 1993" substitute "VENCorp, a distribution
20 company, a transmission company or a generation
company within the meaning of the Electricity
Industry Act 2000".
52. Essential Services Legislation (Dispute Resolution)
Act 2000
25 Section 3 of the Essential Services Legislation
(Dispute Resolution) Act 2000 is repealed.
53. Forests Act 1958
(1) In section 57B(6) of the Forests Act 1958 for
"Electricity Industry Act 1993" substitute
30 "Electricity Industry Act 2000".
(2) In section 57C(3) of the Forests Act 1958 for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
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56
Act No.
(3) In section 57D(3) of the Forests Act 1958, in the
definition of "electricity company" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
5 54. Gas and Fuel Corporation (Repeal) Act 1995
In section 3 of the Gas and Fuel Corporation
(Repeal) Act 1995, in the definition of
"Administrator", after "Industry" insert
"(Residual Provisions)".
10 55. Land Act 1958
(1) In section 137AE of the Land Act 1958 for
"Electricity Industry Act 1993" (wherever
occurring) substitute "Electricity Industry Act
2000".
15 (2) In section 140AA of the Land Act 1958 for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(3) In section 229(3) of the Land Act 1958, in the
definition of "electricity company" for
20 "Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(4) In section 334(1) of the Land Act 1958--
(a) for "Electricity Industry Act 1993"
substitute "Electricity Industry Act
25 2000"; and
(b) for "section three of the said Act" substitute
"section 3 of the Electricity Safety Act
1998".
(5) In section 335 of the Land Act 1958 for
30 "Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
56. Land Tax Act 1958
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In section 9(3) of the Land Tax Act 1958, in the
definition of "mine", for paragraph (b)
substitute--
"(b) any part of the land in the Latrobe area
5 within the meaning of the Electricity
Industry (Residual Provisions) Act 1993
where a generation company or any other
body authorised under that Act mines coal
used in the generation of electricity--".
10 57. Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989 for clause 56C substitute--
"56C. Electricity Industry Act 2000
Offences by body corporate under section
15 97(7) of the Electricity Industry Act 2000
and offences under section 97(11) of that
Act.".
58. Melbourne and Metropolitan Board of Works Act
1958
20 In section 259(1) of the Melbourne and
Metropolitan Board of Works Act 1958, in the
definition of "public corporation" for "the State
Electricity Commission of Victoria, Generation
Victoria, National Electricity, VPX, a distribution
25 company or generation company within the
meaning of the Electricity Industry Act 1993"
substitute "SEC, VENCorp, a distribution
company, a transmission company or a generation
company within the meaning of the Electricity
30 Industry Act 2000".
59. Melbourne City Link Act 1995
In section 3 of the Melbourne City Link Act
1995--
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(a) for the definition of "electricity corporation"
substitute--
' "electricity corporation" means VENCorp
or SEC within the meaning of the
5 Electricity Industry Act 2000;';
(b) in the definition of "public authority",
paragraph (f) is repealed;
(c) in paragraph (b) of the definition of "public
body" for "section 3(1) of the Electricity
10 Industry Act 1993" substitute "section 3 of
the Electricity Industry Act 2000".
60. Mineral Resources Development Act 1990
In section 105(3) of the Mineral Resources
Development Act 1990 after "Industry" insert
15 "(Residual Provisions)".
61. National Parks Act 1975
(1) In section 3(2) of the National Parks Act 1975
for "the State Electricity Commission of Victoria,
Generation Victoria, National Electricity, VPX, a
20 distribution company or generation company
within the meaning of the Electricity Industry
Act 1993" substitute "SEC, VENCorp, a
distribution company, a transmission company or
a generation company within the meaning of the
25 Electricity Industry Act 2000".
(2) In section 27A(4) of the National Parks Act 1975
in the definition of "electricity company" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
30 (3) In section 30A(1) of the National Parks Act 1975
for "The State Electricity Commission of Victoria,
Generation Victoria, National Electricity, VPX, a
distribution company or generation company
within the meaning of the Electricity Industry
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Act 1993" substitute "SEC, VENCorp, a
distribution company, a transmission company or
a generation company within the meaning of the
Electricity Industry Act 2000".
5 (4) In section 30AA(6) of the National Parks Act
1975 for "Electricity Industry Act 1993"
substitute "Electricity Industry Act 2000".
(5) In section 30AB(3) of the National Parks Act
1975 for "Electricity Industry Act 1993"
10 substitute "Electricity Industry Act 2000".
62. Snowy Hydro Corporatisation Act 1997
Section 26(3) of the Snowy Hydro
Corporatisation Act 1997 is repealed.
63. Transport Act 1983
15 In Schedule 5 of the Transport Act 1983, for
clause 20(b) substitute--
"(b) for making all necessary arrangements with
distribution companies within the meaning
of the Electricity Industry Act 2000 or
20 other persons concerning such installations
or improvements in street lighting;".
64. Treasury Corporation of Victoria Act 1992
(1) In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of "public
25 authority"--
(a) for "VPX" substitute "VENCorp";
(b) after "Industry" insert "(Residual
Provisions)".
(2) In Schedule 1 to the Treasury Corporation of
30 Victoria Act 1992 for the entry relating to VPX
substitute--
"VENCorp Electricity Industry Act
2000".
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(3) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992 for the entries relating to a
distribution company and a generation company
substitute--
"A public distribution Electricity Industry
company within the (Residual Provisions) Act
meaning of the Electricity 1993
Industry (Residual
Provisions) Act 1993
A public generation Electricity Industry
company within the (Residual Provisions) Act
meaning of the Electricity 1993".
Industry (Residual
Provisions) Act 1993
5 65. Water Act 1989
(1) In section 9(2) of the Water Act 1989 for
paragraph (c) substitute--
"(c) in the case of SEC, VENCorp, a distribution
company, a transmission company or a
10 generation company within the meaning of
the Electricity Industry Act 2000, for any
purpose connected with the exercise of its
functions or powers;".
(2) In section 34(1) of the Water Act 1989--
15 (a) for paragraphs (da), (db) and (dc)
substitute--
"(da) VENCorp; or
(db) a transmission company within the
meaning of the Electricity Industry
20 Act 2000; or";
(b) in paragraphs (dd) and (de) for "Electricity
Industry Act 1993" substitute "Electricity
Industry Act 2000".
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(3) In section 56(5) and 56(6) of the Water Act 1989
for "Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(4) In section 107A(2) of the Water Act 1989 in the
5 definition of "generation company" for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(5) In section 161A(2) of the Water Act 1989 in the
definition of "generation company" for
10 "Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
(6) In section 185(3) of the Water Act 1989 for
"Electricity Industry Act 1993" substitute
"Electricity Industry Act 2000".
15
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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