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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Energy Legislation (Further Miscellaneous
Amendments) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF ELECTRICITY SAFETY ACT 1998 3
3. Definitions 3
4. New Part 6 substituted 3
PART 6--RIGHTS OF REVIEW 3
69. Applications to review 3
5. Fire hazard rating 6
6. New section 128 substituted 6
128. Entry to be reported to the Office 6
7. Offence not to comply with improvement notice 7
8. General regulation making powers 7
9. New section 163 substituted 7
163. Transitional provisions--abolition of the Electrical
Appeals Board 7
10. Repeal of sections 164 to 170 7
11. New Schedule 1 substituted 8
PART 3--AMENDMENT OF GAS SAFETY ACT 1997 12
12. Definitions 12
13. New Part 4 substituted 12
PART 4--RIGHTS OF REVIEW 12
80. Applications to review 12
14. New section 93 substituted 14
93. Entry to be reported to the Director 14
15. Offence not to comply with improvement notice 15
16. Offence not to comply with prohibition notice 15
17. General regulation-making powers 15
i
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Clause Page
18. New section 127 inserted 15
127. Transitional provisions--abolition of the Gas Appeals
Board 15
19. New Schedule 1 substituted 16
PART 4--AMENDMENT OF ELECTRICITY INDUSTRY ACT
2000 19
20. Tariff Order 19
21. Prohibited interests 19
PART 5--AMENDMENT OF GAS INDUSTRY ACT 2001 20
22. Prohibited interests 20
ENDNOTES 21
ii
541264B.I1-24/4/2002 BILL LA CIRCULATION 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 23 April 2002
A BILL
to amend the Electricity Safety Act 1998, the Gas Safety Act 1997,
the Electricity Industry Act 2000 and the Gas Industry Act 2001
and for other purposes.
Energy Legislation (Further
Miscellaneous Amendments) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Electricity Safety Act 1998--
1
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Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No.
part 1--preliminary
s. 2
(i) to abolish the Electrical Appeals Board
and transfer its jurisdiction to the
Victorian Civil and Administrative
Tribunal; and
5 (ii) with respect to the powers of a fire
control authority to assign fire hazard
ratings for the purposes of that Act and
the regulations;
(b) to amend the Gas Safety Act 1997 to abolish
10 the Gas Appeals Board and transfer its
jurisdiction to the Victorian Civil and
Administrative Tribunal.
(c) to amend the Electricity Industry Act
2000--
15 (i) to allow further amendment of the
Tariff Order in relation to tariffs
charged by VENCorp; and
(ii) to clarify an exemption from the cross-
ownership rules;
20 (d) to amend the Gas Industry Act 2001 to
clarify an exemption from the cross-
ownership rules.
2. Commencement
(1) This Part and Parts 4 and 5 and section 5 come
25 into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
30 (3) 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 (Further Miscellaneous Amendments) Act
2002
Act No.
Part 2--Amendment of Electricity safety act 1998
s. 3
PART 2--AMENDMENT OF ELECTRICITY SAFETY ACT
1998
See:
3. Definitions Act No.
25/1998.
In section 3 of the Electricity Safety Act 1998 Reprint No. 2
5 insert the following definitions-- as at
1 January
' "decision" for the purposes of Part 6 includes 2001
and
prohibition, requirement or direction; amending
Act Nos
"Tribunal" means the Victorian Civil and 13/2001,
32/2001,
Administrative Tribunal established by the
44/2001 and
10 Victorian Civil and Administrative 62/2001.
LawToday:
Tribunal Act 1998;'.
www.dms.
dpc.vic.
gov.au
4. New Part 6 substituted
For Part 6 of the Electricity Safety Act 1998
substitute--
15 "PART 6--RIGHTS OF REVIEW
69. Applications to review
(1) A person who is aggrieved by a decision of
the Office set out in sub-section (2) may
apply to the Tribunal for review of the
20 decision.
(2) An application for review may be made to
the Tribunal in relation to the following--
(a) a decision under Part 3--
(i) to refuse to register or renew the
25 registration of an electrical
contractor; or
(ii) to take disciplinary action in
respect of a registered electrical
contractor; or
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Part 2--Amendment of Electricity safety act 1998
s. 4
(iii) to refuse to license or renew the
licence of an electrical worker; or
(iv) to take disciplinary action in
respect of a licensed electrical
5 worker; or
(v) to refuse to supply a certificate of
electrical safety form to a
registered electrical contractor, a
licensed electrical installation
10 worker or a prescribed person
under section 45B(1);
(b) a decision under Part 4--
(i) to refuse to certify the compliance
of electrical equipment; or
15 (ii) to refuse to approve prescribed
electrical equipment; or
(iii) to withdraw an approval of
prescribed electrical equipment;
(c) a prohibition under section 63;
20 (d) a requirement under section 65;
(e) a decision under the regulations under
Part 5--
(i) to refuse to register proclaimed
electrical equipment; or
25 (ii) to cancel the registration of
proclaimed electrical equipment.
(3) A person to whom a direction is given under
section 141 may apply to the Tribunal for
review of the direction if compliance with
30 it--
(a) would impose a significant financial
burden on the person;
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Part 2--Amendment of Electricity safety act 1998
s. 4
(b) would prevent the person from
complying with any obligations under a
licence issued under Part 2 of the
Electricity Industry Act 2000.
5 (4) A person to whom an improvement notice is
issued under Part 12 may apply to the
Tribunal for review of either or both of the
following--
(a) the decision to issue the notice;
10 (b) any requirement contained in the
notice.
(5) An application for review under sub-section
(3) or (4) must be made within 7 days after
the later of--
15 (a) the day on which the improvement
notice or the direction (as the case
requires) is received by the person
making the application; or
(b) if, under section 45 of the Victorian
20 Civil and Administrative Tribunal
Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
25 person is informed under section 46(5)
of that Act that a statement of reasons
will not be given.
(6) Any other application for review under this
section must be made within 28 days after
30 the later of--
(a) the day on which notice of the decision
is received by the person; or
(b) if, under section 45 of the Victorian
Civil and Administrative Tribunal
35 Act 1998, the person requests a
5
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Part 2--Amendment of Electricity safety act 1998
s. 5
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
person is informed under section 46(5)
5 of that Act that a statement of reasons
will not be given.
(7) Nothing in this section permits an
application to the Tribunal for review of a
decision of an accepted electricity safety
10 manager under Part 3 or Part 4.".
5. Fire hazard rating
In section 80 of the Electricity Safety Act 1998,
for paragraph (a) substitute--
'(a) may assign a fire hazard rating of "low" or
15 "high" to any area of land for the purposes of
this Act or the regulations; and'.
6. New section 128 substituted
For section 128 of the Electricity Safety Act
1998 substitute--
20 "128. Entry to be reported to the Office
(1) If an enforcement officer exercises a power
of entry under this Division, the enforcement
officer must report the exercise of the power
to the Office within 3 business days after the
25 entry.
(2) The report must be in writing and include all
relevant details of the entry including the
following--
(a) the full name of the enforcement
30 officer; and
(b) the time of the entry; and
(c) the address of the land or premises
entered; and
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Energy Legislation (Further Miscellaneous Amendments) Act
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Part 2--Amendment of Electricity safety act 1998
s. 7
(d) the purpose of the entry; and
(e) a description of all things done while
on the land or premises, including
photographs or video recordings taken,
5 and details of items inspected,
examined or tested, and details of items
seized or removed, copies made and
extracts taken; and
(f) the time of departure from the land or
10 premises.
(3) The Office must keep a register containing
the particulars of all matters reported to it
under this section.
(4) The Office must keep, as part of that register,
15 the register sent to it under clause 6(1)(a) of
Schedule 1.".
7. Offence not to comply with improvement notice
In section 144(2) of the Electricity Safety Act
1998, for "Electrical Appeals Board" substitute
20 "Tribunal".
8. General regulation making powers
In section 157(1) of the Electricity Safety Act
1998, paragraphs (c) and (e) are repealed.
9. New section 163 substituted
25 For section 163 of the Electricity Safety Act
1998 substitute--
"163. Transitional provisions--abolition of the
Electrical Appeals Board
Schedule 1 has effect.".
30 10. Repeal of sections 164 to 170
Sections 164 to 170 of the Electricity Safety Act
1998 are repealed.
7
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Energy Legislation (Further Miscellaneous Amendments) Act
2002
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Part 2--Amendment of Electricity safety act 1998
s. 11
11. New Schedule 1 substituted
For Schedule 1 to the Electricity Safety Act 1998
substitute--
'SCHEDULE 1
5 TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule--
"Board" means Electrical Appeals Board established under
the Electricity Safety Act 1998 as in force prior to
10 the commencement day;
"commencement day" means the day on which section 9
of the Energy Legislation (Further Miscellaneous
Amendments) Act 2002 comes into operation;
"VCAT Act" means the Victorian Civil and
15 Administrative Tribunal Act 1998.
2. Abolition of the Electrical Appeals Board
(1) On the commencement day, the Electrical Appeals Board is
abolished and its members go out of office.
(2) On and from the commencement day, a reference to the
20 Board in any Act or subordinate instrument (other than this
Schedule) or in any other document, so far as it relates to
any period after that day and unless the context otherwise
requires, must be construed as a reference to the Tribunal.
(3) Sub-clause (1) does not affect any other provision of this
25 Schedule--
(a) dealing with proceedings before the Electrical
Appeals Board; or
(b) providing for the Electrical Appeals Board to continue
for certain purposes.
30 (4) If under this Schedule the Electrical Appeals Board
continues for certain purposes, the provisions of the
Electricity Safety Act 1998 as in force immediately before
8
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Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No.
Part 2--Amendment of Electricity safety act 1998
s. 11
the commencement day relating to membership and
procedure continue to apply for those purposes.
3. Pending proceedings
(1) If, immediately before the commencement day, a proceeding
5 was pending before the Board but the Board had not begun
to hear the matter or had not been presented with any
evidence on any material question of fact, the proceeding is
to be heard and determined by the Tribunal and for that
purpose--
10 (a) the proceeding is to be taken to have been
commenced in the Tribunal; and
(b) anything done in relation to the proceeding by the
Board before the commencement day is deemed to
have been done by the Tribunal; and
15 (c) the procedure that applies to the proceeding on and
after the commencement day is the procedure set out
in the VCAT Act and the rules made under it in
relation to that class of proceedings; and
(d) anything done or omitted to be done in relation to the
20 proceeding by a party or other person before the
commencement day, under or in accordance with the
procedure that applied before that day, must be taken,
so far as possible, to have been done or omitted under
or in accordance with the procedure applying on or
25 after that day; and
(e) the Tribunal has only the powers, functions and duties
which the Board would have had in relation to the
proceeding under this Act as in force immediately
before the commencement day; and
30 (f) any order made by the Tribunal may only be appealed
against in accordance with Part 5 of the VCAT Act.
(2) If, immediately before the commencement day, a proceeding
was pending before the Board and the Board had begun to
hear the matter or had been presented with evidence on a
35 material question of fact--
(a) the proceeding is to be heard and determined by the
Board in accordance with the provisions of the
Electricity Safety Act 1998 as in force immediately
before the commencement day; and
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s. 11
(b) the Board may make any determination or order in
respect of the proceeding that it could have made
immediately before the commencement day; and
(c) for the purpose of completing the proceeding and
5 making a determination or order the Board will,
despite clause 2(1), continue to exist; and
(d) the procedure that applies to the proceeding on and
after the commencement day is the procedure that
applied immediately before the commencement day.
10 4. Determinations or orders made by Board
A determination or order made by the Board in a proceeding
finally determined by it before the commencement day may
be enforced in accordance with this Act as in force
immediately before that day.
15 5. Power to resolve transitional difficulties
If any difficulty arises because of the operation of this
Schedule in relation to a proceeding (including a proceeding
pending before the Board) to which clause 3 applies, the
Tribunal may make any order that it considers appropriate to
20 resolve the difficulty.
6. Transfer of registers
(1) The Secretary to the Department of Natural Resources and
Environment must ensure that--
(a) the register, required to be kept by the Electrical
25 Appeals Board under section 128(2) of the Electricity
Safety Act 1998, as in force immediately before the
commencement of section 6 of the Energy
Legislation (Further Miscellaneous Amendments)
Act 2002, is sent to the Office; and
30 (b) the Register, required to be kept by the Registrar of
the Board by clause 15 of Schedule 1 to the
Electricity Safety Act 1998 as in force immediately
before the commencement of section 9 of the Energy
Legislation (Further Miscellaneous Amendments)
35 Act 2002, and any other documents in the possession
of the Board relating to proceedings before the Board,
are sent to the principal registrar of the Tribunal.
(2) Despite sub-clause (1)(b), the Secretary is not required to
send to the principal registrar documents relating to a
40 proceeding to which clause 3(2) applies until the conclusion
of that proceeding.'.
10
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Part 2--Amendment of Electricity safety act 1998
__________________
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Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No.
Part 3--Amendment of gas safety act 1997
s. 12
PART 3--AMENDMENT OF GAS SAFETY ACT 1997
See: 12. Definitions
Act No.
99/1997.
In section 3(1) of the Gas Safety Act 1997 insert
Reprint No. 2
the following definitions--
as at
14 February
5 ' "business day" means a day other than a
2002.
LawToday:
Saturday or Sunday or a public holiday
www.dms.
appointed under the Public Holidays Act
dpc.vic.
gov.au
1993;
"decision" for the purposes of Part 4 includes
10 refusal, declaration, condition, prohibition or
requirement;
"Tribunal" means the Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
15 Tribunal Act 1998;'.
13. New Part 4 substituted
For Part 4 of the Gas Safety Act 1997
substitute--
"PART 4--RIGHTS OF REVIEW
20 80. Applications to review
(1) A person who is aggrieved by a decision of
the Office set out in sub-section (2) may
apply to the Tribunal for review of the
decision.
25 (2) An application for review may be made to
the Tribunal in relation to the following--
(a) a decision under section 65 not to
approve a person to carry out upstream
gas work;
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Act No.
Part 3--Amendment of gas safety act 1997
s. 13
(b) a decision under section 65 to cancel or
suspend an approval given under that
section;
(c) a refusal under section 69 to accept an
5 appliance;
(d) a declaration under section 69A that an
appliance or class of appliances is no
longer accepted;
(e) a refusal under section 73 to accept a
10 gas installation;
(f) a condition on an acceptance under
section 69 or 73;
(g) a prohibition under section 76;
(h) a requirement under section 78.
15 (3) A person to whom an improvement notice or
prohibition notice is issued under Part 6 may
apply to the Tribunal for review of either or
both of the following--
(a) the decision to issue the notice;
20 (b) any requirement contained in the
notice.
(4) An application for review under sub-section
(3) must be made within 7 days after the later
of--
25 (a) the day on which the improvement
notice or the prohibition notice (as the
case requires) is received by the person
making the application; or
(b) if, under section 45 of the Victorian
30 Civil and Administrative Tribunal
Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
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Part 3--Amendment of gas safety act 1997
s. 14
person is informed, under section 46(5)
of that Act that a statement of reasons
will not be given.
(5) Any other application for review under this
5 section must be made within 28 days after
the later of--
(a) the day on which notice of the decision
is received by the person; or
(b) if, under section 45 of the Victorian
10 Civil and Administrative Tribunal
Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
15 person is informed, under section 46(5)
of that Act that a statement of reasons
will not be given.".
14. New section 93 substituted
For section 93 of the Gas Safety Act 1997
20 substitute--
"93. Entry to be reported to the Director
(1) If an inspector exercises a power of entry
under this Division, the inspector must report
the exercise of the power to the Director
25 within 3 business days after the exercise of
the power of entry.
(2) The report must be in writing and include all
relevant details of the entry including the
following--
30 (a) the full name of the inspector; and
(b) the time of the entry; and
(c) the address of the land or premises
entered; and
(d) the purpose of the entry; and
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Part 3--Amendment of gas safety act 1997
s. 15
(e) a description of all things done while
on the land or premises, including
photographs or video recordings taken,
and details of items inspected,
5 examined or tested, and details of items
seized or removed, copies made and
extracts taken; and
(f) the time of departure from the land or
premises.
10 (3) The Director must keep a register containing
the particulars of all matters reported to the
Director under this section.
(4) The Director must keep, as part of that
register, the register sent to it under clause
15 6(1)(a) of Schedule 1.".
15. Offence not to comply with improvement notice
In section 111(2) of the Gas Safety Act 1997, for
"Gas Appeals Board" substitute "Tribunal".
16. Offence not to comply with prohibition notice
20 In section 113(2) of the Gas Safety Act 1997, for
"Gas Appeals Board" substitute "Tribunal".
17. General regulation-making powers
In section 118(1) of the Gas Safety Act 1997,
paragraphs (z) and (bb) are repealed.
25 18. New section 127 inserted
After section 126 of the Gas Safety Act 1997
insert--
"127. Transitional provisions--abolition of the
Gas Appeals Board
30 Schedule 1 has effect.".
15
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Energy Legislation (Further Miscellaneous Amendments) Act
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Act No.
Part 3--Amendment of gas safety act 1997
s. 19
19. New Schedule 1 substituted
For Schedule 1 to the Gas Safety Act 1997
substitute--
'SCHEDULE 1
5 TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule--
"Board" means Gas Appeals Board established under the
Gas Safety Act 1997 as in force prior to the
10 commencement day;
"commencement day" means the day on which section 18
of the Energy Legislation (Further Miscellaneous
Amendments) Act 2002 comes into operation;
"VCAT Act" means the Victorian Civil and
15 Administrative Tribunal Act 1998.
2. Abolition of the Gas Appeals Board
(1) On the commencement day, the Gas Appeals Board is
abolished and its members go out of office.
(2) On and from the commencement day, a reference to the
20 Board in any Act or subordinate instrument (other than this
Schedule) or in any other document, so far as it relates to
any period after that day and unless the context otherwise
requires, must be construed as a reference to the Tribunal.
(3) Sub-clause (1) does not affect any other provision of this
25 Schedule--
(a) dealing with proceedings before the Gas Appeals
Board; or
(b) providing for the Gas Appeals Board to continue for
certain purposes.
30 (4) If under this Schedule the Gas Appeals Board continues for
certain purposes, the provisions of the Gas Safety Act 1997,
as in force immediately before the commencement day
relating to membership and procedure, continue to apply for
those purposes.
16
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s. 19
3. Pending proceedings
(1) If, immediately before the commencement day, a proceeding
was pending before the Board but the Board had not begun
to hear the matter or had not been presented with any
5 evidence on any material question of fact, the proceeding is
to be heard and determined by the Tribunal and for that
purpose--
(a) the proceeding is to be taken to have been
commenced in the Tribunal; and
10 (b) anything done in relation to the proceeding by the
Board before the commencement day is deemed to
have been done by the Tribunal; and
(c) the procedure that applies to the proceeding on and
after the commencement day is the procedure set out
15 in the VCAT Act and the rules made under it in
relation to that class of proceedings; and
(d) anything done or omitted to be done in relation to the
proceeding by a party or other person before the
commencement day, under or in accordance with the
20 procedure that applied before that day, must be taken,
so far as possible, to have been done or omitted under
or in accordance with the procedure applying on or
after that day; and
(e) the Tribunal has only the powers, functions and duties
25 which the Board would have had in relation to the
proceeding under this Act as in force immediately
before the commencement day; and
(f) any order made by the Tribunal may only be appealed
against in accordance with Part 5 of the VCAT Act.
30 (2) If immediately before the commencement day a proceeding
was pending before the Board and the Board had begun to
hear the matter or had been presented with evidence on a
material question of fact--
(a) the proceeding is to be heard and determined by the
35 Board in accordance with the provisions of the Gas
Safety Act 1997 as in force immediately before the
commencement day; and
(b) the Board may make any determination or order in
respect of the proceeding that it could have made
40 immediately before the commencement day; and
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(c) for the purpose of completing the proceeding and
making a determination or order the Board will,
despite clause 2(1), continue to exist; and
(d) the procedure that applies to the proceeding on and
5 after the commencement day is the procedure that
applied immediately before the commencement day.
4. Determinations or orders made by Board
A determination or order made by the Board in a proceeding
finally determined by it before the commencement day may
10 be enforced in accordance with this Act as in force
immediately before that day.
5. Power to resolve transitional difficulties
If any difficulty arises because of the operation of this
Schedule in relation to a proceeding (including a proceeding
15 pending before the Board) to which clause 3 applies, the
Tribunal may make any order that it considers appropriate to
resolve the difficulty.
6. Transfer of registers
(1) The Secretary to the Department of Natural Resources and
20 Environment must ensure that--
(a) the register, required to be kept by the Gas Appeals
Board under section 93(2) of the Gas Safety Act
1997, as in force immediately before the
commencement of section 14 of the Energy
25 Legislation (Further Miscellaneous Amendments)
Act 2002, is sent to the Director; and
(b) the Register, required to be kept by the Registrar of
the Board by clause 15 of Schedule 1 to the Gas
Safety Act 1997 as in force immediately before the
30 commencement of section 18 of the Energy
Legislation (Further Miscellaneous Amendments)
Act 2002, and any other documents in the possession
of the Board relating to proceedings before the Board,
are sent to the principal registrar of the Tribunal.
35 (2) Despite sub-clause (1)(b), the Secretary is not required to
send to the principal registrar documents relating to a
proceeding to which clause 3(2) applies until the conclusion
of that proceeding.'.
__________________
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Energy Legislation (Further Miscellaneous Amendments) Act
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Act No.
Part 4--amendment of electricity industry act 2000
s. 20
PART 4--AMENDMENT OF ELECTRICITY INDUSTRY ACT
2000
20. Tariff Order
See:
After section 14(3)(a) of the Electricity Industry Act No.
5 Act 2000 insert-- 68/2000
and
"(aa) to vary the provisions in clause 4.5 to clarify amending
Act Nos
the application or non-application of the 13/2001,
provisions of Chapter 4 to tariffs charged by 32/2001,
44/2001,
VENCorp;". 62/2001 and
85/2001
LawToday:
www.dms.
dpc.vic.
gov.au
10 21. Prohibited interests
After section 68(8) of the Electricity Industry
Act 2000 insert--
"(8AA) Sub-section (8)(b)(ii) applies whether or not
an application has been made under the
15 Trade Practices Act 1974 of the
Commonwealth for authorisation of the
acquisition.".
__________________
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Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No.
PART 5--AMENDMENT OF GAS INDUSTRY ACT 2001
s. 22
PART 5--AMENDMENT OF GAS INDUSTRY ACT 2001
22. Prohibited interests
See: After section 129(3) of the Gas Industry Act
Act No.
2001 insert--
31/2001 and
amending Act
5 "(3A) Sub-section (3)(b)(ii) applies whether or not
Nos 44/2001,
62/2001 and
an application has been made under the
85/2001.
Trade Practices Act for authorisation of the
LawToday:
www.dms.
acquisition.".
dpc.vic.
gov.au
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Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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