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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 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000 3
3. Repeal of sections 11, 12(1)(b)(ii) and 12(2) 3
4. Supplier of last resort 3
PART 3--AMENDMENT OF GAS INDUSTRY ACT 2001 5
5. Supplier of last resort 5
PART 4--AMENDMENT OF GAS SAFETY ACT 1997 7
6. False labelling in relation to Type A appliances 7
7. Power of inspector to require information or documents 7
8. Definitions 8
9. Regulations 8
PART 5--AMENDMENT OF LOCAL GOVERNMENT ACT 1989 9
10. Sewers, pipes, wires etc. of public authorities not affected 9
11. Consequential amendment to Local Government Act 1989 9
ENDNOTES 10
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Electricity Industry Act 2000, the Gas Industry Act
2001, the Gas Safety Act 1997 and the Local Government Act 1989
and for other purposes.
Energy Legislation (Miscellaneous
Amendments) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Electricity Industry Act 2000
to repeal the provisions relating to the
5
conferral of power on the ACCC in relation
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 1--Preliminary
s. 2
to transmission pricing and to amend the
supplier of last resort provisions; and
(b) to amend the Gas Industry Act 2001 in
relation to the supplier of last resort
provisions; and
5
(c) to amend the Gas Safety Act 1997 to
improve the operation of that Act; and
(d) to amend section 207C of the Local
Government Act 1989 to define a public
authority as including certain private entities.
10
2. Commencement
(1) This Act, other than section 11, comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 11 comes into operation on the day on
15
which section 213 of the Pipelines Act 2005
comes into operation.
__________________
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 3
See:
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
Act No.
ACT 2000 68/2000.
Reprint No. 3
as at
3. Repeal of sections 11, 12(1)(b)(ii) and 12(2) 14 July 2005
and
Sections 11, 12(1)(b)(ii) and 12(2) of the amending
Electricity Industry Act 2000 are repealed.
5 Act Nos
39/2005,
4. Supplier of last resort 65/2005 and
9/2006.
LawToday:
(1) In section 27 of the Electricity Industry www.dms.
Act 2000-- dpc.vic.
gov.au
(a) in sub-sections (1), (7) and (9), for
"customers" (wherever occurring) substitute
10
"relevant customers";
(b) in sub-sections (5) and (10A), for "a
customer" substitute "a relevant customer".
(2) After section 27(13) of the Electricity Industry
Act 2000 insert--
15
'(14) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or a class of persons
specified in the Order is, for the purposes of
this section, a relevant customer or class of
20
relevant customers.
(15) An Order under sub-section (14) may specify
a class of persons by reference to all or any
of the following--
(a) the person authorised to sell the
25
electricity;
(b) the purpose for which the electricity is
used;
(c) the quantity of electricity used;
(d) the period of use;
30
(e) the place of supply;
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 4
(f) any other specified factor relevant to
the sale of electricity.
(16) An Order under sub-section (14) may confer
powers and functions on, and leave any
matter to be decided by, the Commission.
5
(17) In this section "relevant customer" means a
person, or a member of a class of persons, to
whom an Order under sub-section (14)
applies.'.
__________________
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 3--Amendment of Gas Industry Act 2001
s. 5
See:
PART 3--AMENDMENT OF GAS INDUSTRY ACT 2001
Act No.
31/2001.
5. Supplier of last resort Reprint No. 2
as at
(1) In section 34 of the Gas Industry Act 2001-- 1 March 2005
and
(a) in sub-sections (1), (8) and (10), for amending
Act Nos
"customers" (wherever occurring) substitute
5 25/2004,
"relevant customers"; 108/2004,
33/2005,
39/2005,
(b) in sub-sections (5) and (11A), for "a 61/2005 and
customer" substitute "a relevant customer". 9/2006.
LawToday:
(2) After section 34(14) of the Gas Industry Act www.dms.
dpc.vic.
2001 insert--
10 gov.au
'(15) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or a class of persons
specified in the Order is, for the purposes of
this section, a relevant customer or class of
15
relevant customers.
(16) An Order under sub-section (15) may specify
a class of persons by reference to all or any
of the following--
(a) the person authorised to sell the gas;
20
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;
(e) the place of supply;
(f) any other specified factor relevant to
25
the sale of gas.
(17) An Order under sub-section (15) may confer
powers and functions on, and leave any
matter to be decided by, the Commission.
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Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 3--Amendment of Gas Industry Act 2001
s. 5
(18) In this section "relevant customer" means a
person, or a member of a class of persons, to
whom an Order under sub-section (15)
applies.'.
__________________
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 4--Amendment of Gas Safety Act 1997
s. 6
See:
PART 4--AMENDMENT OF GAS SAFETY ACT 1997
Act No.
99/1997.
6. False labelling in relation to Type A appliances Reprint No. 2
as at
In section 71B of the Gas Safety Act 1997, after 14 February
2002
"affix" insert "or cause to be affixed". and
amending
7. Power of inspector to require information or
5 Act Nos
24/2002,
documents 108/2004 and
39/2005.
(1) In section 99(1)(c) of the Gas Safety Act 1997 for LawToday:
"case." substitute "case; or". www.dms.
dpc.vic.
(2) After section 99(1)(c) of the Gas Safety Act 1997 gov.au
insert--
10
"(d) determining compliance with this Act or the
regulations.".
(3) After section 99(1) of the Gas Safety Act 1997
insert--
"(1A) An inspector must obtain the prior written
15
consent of Energy Safe Victoria before each
exercise of a power under this section for the
purpose of determining compliance with this
Act or the regulations.".
(4) In section 99(3) of the Gas Safety Act 1997, after
20
"sub-section (2)" insert "for a purpose set out in
sub-section (1)(a), (1)(b) or (1)(c)".
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Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 4--Amendment of Gas Safety Act 1997
s. 8
(5) After section 99(3) of the Gas Safety Act 1997
insert--
"(4) A person must not refuse or fail, without
reasonable excuse, to comply with a
requirement made under sub-section (2) for
5
the purpose of determining compliance with
this Act or the regulations.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
10
200 penalty units.".
8. Definitions
(1) Insert the following heading to section 117AB of
the Gas Safety Act 1997--
"Definitions".
15
(2) In section 117AB of the Gas Safety Act 1997
insert the following definition--
' "inspector", in relation to an offence against
section 72(1) or 72(2), includes--
(a) the Plumbing Industry Commissioner
20
appointed under Part 12A of the
Building Act 1993; and
(b) a plumbing inspector appointed under
Part 12A of the Building Act 1993;'.
9. Regulations
25
After section 118(1)(w) of the Gas Safety Act
1997 insert--
"(wa) empowering Energy Safe Victoria to exempt
a class or classes of persons from the
requirement to undertake the testing of gas;".
30
__________________
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Part 5--Amendment of Local Government Act 1989
s. 10
See:
PART 5--AMENDMENT OF LOCAL GOVERNMENT
Act No.
ACT 1989 11/1989.
Reprint No. 8
as at
10. Sewers, pipes, wires etc. of public authorities not 28 July 2005
affected and
amending
After section 207C(3) of the Local Government
5 Act Nos
92/1990,
Act 1989 insert-- 18/2005 and
53/2005.
'(4) In this section "public authority" LawToday:
includes-- www.dms.
dpc.vic.
gov.au
(a) any person who is a licensee within the
meaning of the Electricity Industry
10
Act 2000 or the Gas Industry Act
2001; and
(b) any person who under the Pipelines
Act 1967 is--
(i) permitted to own or use a pipeline;
15
or
(ii) licensed to construct or operate a
pipeline.'.
11. Consequential amendment to Local Government
Act 1989
20
For section 207C(4)(b) of the Local Government
Act 1989 substitute--
"(b) any person who under the Pipelines Act
2005 is the holder of a licence to construct
and operate a pipeline.".
25
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Energy Legislation (Miscellaneous Amendments) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006
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