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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Energy Legislation (Miscellaneous Amendments)
Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ELECTRICITY INDUSTRY ACT 2000 3
3. New section 7A inserted 3
7A. Application of the Office of the Regulator-General Act
1994 3
4. Repeal of certain provisions referring to Office of the
Regulator-General Act 1994 3
5. Consequential amendment 3
6. Supplier of last resort 3
7. New section 39 substituted and section 40 repealed 4
39. Deemed contracts for supply and sale for relevant
customers 4
8. Prohibited interests 8
9. Amendment of section 7A to change Act references 8
PART 3--GAS INDUSTRY ACT 2001 9
10. Consequential amendment 9
11. Supplier of last resort 9
12. New section 46 substituted and section 47 repealed 9
46. Deemed contracts for supply and sale for relevant
customers 9
13. Approval of rules by ORG 13
14. Cost recovery 13
15. Provision by VENCorp of certain services outside Victoria 14
16. Amendment of reference to ORG 15
17. Correction of minor errors 15
ENDNOTES 16
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541234B.I1-18/10/2001 BILL LA CIRCULATION 18/10/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 17 October 2001
A BILL
to make miscellaneous amendments to the Electricity Industry Act
2000 and the Gas Industry Act 2001 and for other purposes.
Energy Legislation (Miscellaneous
Amendments) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Electricity Industry Act 2000
5 and the Gas Industry Act 2001.
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 2
Act No.
2. Commencement
(1) Sections 1, 3, 4, 6, 8, 11, 13, 14, 15, 17 and this
section come into operation on the day after the
day on which this Act receives the Royal Assent.
5 (2) Sections 5, 7, 9 and 16 come into operation on
1 January 2002.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day to be proclaimed, not being a day before
10 1 January 2002.
(4) If a provision of this Act does not come into
operation before 31 December 2002, it comes into
operation on that day.
_______________
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 3
Act No.
PART 2--ELECTRICITY INDUSTRY ACT 2000
3. New section 7A inserted
See: After section 7 of the Electricity Industry Act
Act No.
2000 insert--
68/2000
and
5 "7A. Application of the Office of the Regulator-
amending
Act Nos
General Act 1994
13/2001,
32/2001 and
For the purposes of the Office of the
44/2001.
Regulator-General Act 1994--
LawToday:
www.dms.
dpc.vic. (a) this Act is relevant legislation; and
gov.au
10 (b) the electricity industry is a regulated
industry.".
4. Repeal of certain provisions referring to Office of the
Regulator-General Act 1994
(1) Sections 9, 67 and 79C of the Electricity
15 Industry Act 2000 are repealed.
(2) In section 12(1) of the Electricity Industry Act
2000, paragraph (a) is repealed.
5. Consequential amendment
In section 21(k) of the Electricity Industry Act
20 2000, for "sections 39 and 40" substitute
"section 39".
6. Supplier of last resort
After section 27(10) of the Electricity Industry
Act 2000 insert--
25 "(10A) The terms and conditions of a requirement
referred to in sub-section (1) may include a
condition setting out circumstances in which
a licensee must continue to supply or sell
electricity to a customer to whom the
30 licensee supplies or sells electricity under an
obligation under sub-section (5) after that
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 7
Act No.
obligation comes to an end in accordance
with sub-section (5A)(a).
(10B) A condition referred to in sub-section (10A)
must provide for the tariff or tariffs and the
5 terms and conditions for the continued
supply or sale of electricity to be determined
by the licensee.".
7. New section 39 substituted and section 40 repealed
For sections 39 and 40 of the Electricity Industry
10 Act 2000 substitute--
'39. Deemed contracts for supply and sale for
relevant customers
(1) If a relevant customer commences to take
supply of electricity at premises from the
15 relevant licensee without having entered into
a supply and sale contract with that licensee,
there is deemed, on the commencement of
that supply, to be a contract between that
licensee and that customer for the supply and
20 sale of electricity--
(a) at the tariff or tariffs, and on the terms
and conditions, that would apply if that
customer were a party to a contract
under section 37; and
25 (b) on the conditions determined and
provided for by the Commission under
sub-section (5).
(2) If a relevant customer--
(a) commences to take supply of electricity
30 at premises under a supply and sale
contract with the relevant licensee; and
(b) that customer cancels the supply and
sale contract within the cooling-off
period relating to the contract; and
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 7
Act No.
(c) that customer continues to take
electricity from that licensee without
entering into a further supply and sale
contract with that licensee--
5 there is deemed, on the cancellation of the
supply and sale contract, to be a contract
between that licensee and that customer for
the supply and sale of electricity--
(d) at the tariff or tariffs, and on the terms
10 and conditions, that would apply if that
customer were a party to a contract
under section 37; and
(e) on the conditions determined and
provided for by the Commission under
15 sub-section (5).
(3) A deemed contract under sub-section (2) is
deemed to commence on the commencement
of supply referred to in sub-section (2)(a).
(4) If a supply and sale contract referred to in
20 sub-section (2)(a) is--
(a) a contact sales agreement within the
meaning of the Fair Trading Act
1999, sections 65 to 67 of that Act do
not apply on the cancellation of that
25 contract;
(b) a non-contact sales agreement within
the meaning of the Fair Trading Act
1999, sections 73 to 75 of that Act do
not apply on the cancellation of that
30 contract.
(5) Without limiting the generality of section 20,
the Commission may determine, and provide
for in the licence of a licensee, conditions
setting out--
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(a) circumstances in which a licensee must
continue to supply or sell electricity to
a customer to whom the licensee
supplies or sells electricity under a
5 deemed contract under this section after
that contract comes to an end in
accordance with sub-section (7)(d) or
(e); and
(b) events on the happening of which a
10 deemed contract under this section may
come to an end.
(6) A condition referred to in sub-section (5)(a)
must provide for the tariff or tariffs and the
terms and conditions for the continued
15 supply or sale of electricity to be determined
by the licensee.
(7) A deemed contract under this section comes
to an end--
(a) if the contract is terminated; or
20 (b) if the customer enters into a new
contract for the purchase of electricity
from the licensee in respect of the same
premises, on the date of taking effect of
that new contract; or
25 (c) if the customer transfers to become the
customer of another licensee; or
(d) at the end of 180 days after the day on
which the deemed contract commences;
or
30 (e) on the happening of an event
determined and provided for by the
Commission under sub-section (5)(b)--
whichever occurs first.
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(8) Sub-section (1) does not apply where the
relevant customer referred to in that sub-
section commences to take the supply of
electricity by fraudulent or illegal means.
5 (9) Sub-section (2) does not apply where the
relevant customer referred to in that sub-
section takes the supply of electricity by
fraudulent or illegal means after the
cancellation of the supply and sale contract
10 referred to in sub-section (2)(a).
(10) In this section--
"cooling-off period" means the period
within which a relevant customer is
entitled under a supply and sale
15 contract or section 63 or 71 of the Fair
Trading Act 1999 to cancel the
contract;
"relevant customer" has the same meaning
as in section 36;
20 "relevant licensee", in relation to premises,
means the licensee who is responsible
for the electricity supplied at those
premises for the purposes of settlement
of the wholesale electricity market;
25 "supply and sale contract" means a
contract for the supply or sale of
electricity, whether oral or in writing,
or partly oral and partly in writing.
(11) This section expires on 31 December 2003.'.
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 8
Act No.
8. Prohibited interests
(1) In section 68(2) of the Electricity Industry Act
2000, for "and (8A)" substitute ", (8A) and (8B)".
(2) After section 68(8A) of the Electricity Industry
5 Act 2000 insert--
"(8B) If sub-section (8A) applies in respect of an
interest of a person in a generation company,
the generation company does not hold a
prohibited interest within the meaning of
10 sub-section (2) as a result of having a
controlling interest or a substantial interest in
another licensee if that controlling interest or
substantial interest arises by reason only that
the first-mentioned person has a relevant
15 interest in shares in that other licensee.".
9. Amendment of section 7A to change Act references
In section 7A of the Electricity Industry Act
2000, for "Office of the Regulator-General Act
1994" (wherever occurring) substitute
20 "Essential Services Commission Act 2001".
_______________
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 10
Act No.
PART 3--GAS INDUSTRY ACT 2001
See: 10. Consequential amendment
Act No.
31/2001
In section 29(e) of the Gas Industry Act 2001,
and
for "sections 46 and 47" substitute "section 46".
amending
Act No.
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
5 11. Supplier of last resort
After section 34(11) of the Gas Industry Act
2001 insert--
"(11A) The terms and conditions of a requirement
referred to in sub-section (1) may include a
10 condition setting out circumstances in which
a licensee must continue to supply or sell gas
to a customer to whom the licensee supplies
or sells gas under an obligation under sub-
section (5) after that obligation comes to an
15 end in accordance with sub-section (6)(a).
(11B) A condition referred to in sub-section (11A)
must provide for the tariff or tariffs and the
terms and conditions for the continued
supply or sale of gas to be determined by the
20 licensee.".
12. New section 46 substituted and section 47 repealed
For sections 46 and 47 of the Gas Industry Act
2001 substitute--
'46. Deemed contracts for supply and sale for
25 relevant customers
(1) If a relevant customer commences to take
supply of gas at premises from the relevant
licensee without having entered into a supply
and sale contract with that licensee, there is
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 12
Act No.
deemed, on the commencement of that
supply, to be a contract between that licensee
and that person for the supply and sale of
gas--
5 (a) at the tariff or tariffs, and on the terms
and conditions, that would apply if that
customer were a party to a contract
under section 44; and
(b) on the conditions determined and
10 provided for by the Commission under
sub-section (5).
(2) If a relevant customer--
(a) commences to take supply of gas at
premises under a supply and sale
15 contract with the relevant licensee; and
(b) that customer cancels the supply and
sale contract within the cooling-off
period relating to the contract; and
(c) that customer continues to take gas
20 from that licensee without entering into
a further supply and sale contract with
that licensee--
there is deemed, on the cancellation of the
supply and sale contract, to be a contract
25 between that licensee and that customer for
the supply and sale of gas--
(d) at the tariff or tariffs, and on the terms
and conditions, that would apply if that
customer were a party to a contract
30 under section 44; and
(e) on the conditions determined and
provided for by the Commission under
sub-section (5).
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(3) A deemed contract under sub-section (2) is
deemed to commence on the commencement
of supply referred to in sub-section (2)(a).
(4) If a supply and sale contract referred to in
5 sub-section (2)(a) is--
(a) a contact sales agreement within the
meaning of the Fair Trading Act
1999, sections 65 to 67 of that Act do
not apply on the cancellation of that
10 contract;
(b) a non-contact sales agreement within
the meaning of the Fair Trading Act
1999, sections 73 to 75 of that Act do
not apply on the cancellation of that
15 contract.
(5) Without limiting the generality of section 28,
the Commission may determine, and provide
for in the licence of a licensee, conditions
setting out--
20 (a) circumstances in which a licensee must
continue to supply or sell gas to a
customer to whom the licensee supplies
or sells gas under a deemed contract
under this section after that contract
25 comes to an end in accordance with
sub-section (7)(d) or (e); and
(b) events on the happening of which a
deemed contract under this section may
come to an end.
30 (6) A condition referred to in sub-section (5)(a)
must provide for the tariff or tariffs and the
terms and conditions for the continued
supply or sale of gas to be determined by the
licensee.
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(7) A deemed contract under this section comes
to an end--
(a) if the contract is terminated; or
(b) if the customer enters into a new
5 contract for the purchase of gas from
the licensee in respect of the same
premises, on the date of taking effect of
that new contract; or
(c) if the customer transfers to become the
10 customer of another licensee; or
(d) at the end of 120 days after the day on
which the deemed contract commences;
or
(e) on the happening of an event
15 determined and provided for by the
Commission under sub-section (5)(b)--
whichever occurs first.
(8) Sub-section (1) does not apply where the
relevant customer referred to in that sub-
20 section commences to take the supply of gas
by fraudulent or illegal means.
(9) Sub-section (2) does not apply where the
relevant customer referred to in that sub-
section takes the supply of gas by fraudulent
25 or illegal means after the cancellation of the
supply and sale contract referred to in sub-
section (2)(a).
(10) In this section--
"cooling-off period" means the period
30 within which a relevant customer is
entitled under a supply and sale
contract or section 63 or 71 of the Fair
Trading Act 1999 to cancel the
contract;
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s. 13
Act No.
"relevant customer" has the same meaning
as in section 43;
"relevant licensee", in relation to premises,
means the licensee last responsible for
5 the supply and sale of gas to those
premises;
"supply and sale contract" means a
contract for the supply or sale of gas,
whether oral or in writing, or partly oral
10 and partly in writing.
(11) This section expires on 31 August 2004.'.
13. Approval of rules by ORG
In section 65 of the Gas Industry Act 2001, for
sub-section (1) substitute--
15 "(1) ORG, in respect of any retail gas market
rules submitted to it under this Division, may
determine to--
(a) approve the rules; or
(b) approve the rules subject to changes; or
20 (c) not approve the rules.".
14. Cost recovery
(1) In section 68(1)(a) of the Gas Industry Act 2001,
after "in connection with" insert "the costs of, or
in relation to,".
25 (2) In section 68 of the Gas Industry Act 2001, for
sub-section (2) substitute--
"(2) An Order under sub-section (1) may--
(a) confer powers and functions on, and
leave any matter to be determined by,
30 ORG; and
(b) without limiting paragraph (a), direct
ORG to make a determination in
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 15
Act No.
respect of such factors and matters, or
in accordance with such procedures,
matters or bases, as are specified in the
Order, or both.
5 (3) ORG, under this section, has--
(a) the powers and functions conferred on
it under an Order under sub-section (1);
and
(b) the power to make any determination
10 required or permitted under an Order
under sub-section (1).
(4) An Order in effect under this section
immediately before the commencement of
section 14 of the Energy Legislation
15 (Miscellaneous Amendments) Act 2001 is
deemed to be an Order made under this
section as amended by that Act, and sub-
sections (2) and (3) apply accordingly.
(5) A determination made by ORG before the
20 commencement of section 14 of the Energy
Legislation (Miscellaneous Amendments)
Act 2001 pursuant to an Order under this
section, is deemed to be a determination
under sub-section (3).".
25 15. Provision by VENCorp of certain services outside
Victoria
In section 160(1)(j) of the Gas Industry Act
2001, for "in the retail gas market in Victoria"
substitute--
30 "--
(i) in the retail gas market in Victoria; or
(ii) with the approval of the Minister, after
consultation with the Treasurer, in a retail
gas market elsewhere outside Victoria".
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Energy Legislation (Miscellaneous Amendments) Act 2001
s. 16
Act No.
16. Amendment of reference to ORG
(1) In section 68(3) of the Gas Industry Act 2001,
for "ORG" substitute "The Commission".
(2) After section 68(3) of the Gas Industry Act 2001
5 insert--
"(3A) A determination under sub-section (3) is a
determination for the purposes of the
Essential Services Commission Act 2001.".
17. Correction of minor errors
10 (1) In section 34(8)(b)(ii) of the Gas Industry Act
2001, for "a" substitute "at".
(2) In section 219 of the Gas Industry Act 2001, in
paragraph (a) of the definition of "prescribed
offence", for "to be under" insert "under section".
15
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Energy Legislation (Miscellaneous Amendments) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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