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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Energy Legislation (Hardship, Metering and Other
Matters) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000 3
3. Division 6 of Part 2 substituted 3
Division 6--Hardship Policies 3
41. Definitions 3
42. Objects 3
43. Financial hardship policies 3
44. Commission may develop guidelines 4
45. Commission may approve financial hardship policy 5
46. Minister may approve financial hardship policy 6
46A. Licensee not to disconnect if there is compliance with
financial hardship policy 6
4. New Division 6A of Part 2 inserted 7
Division 6A--Advanced Metering Infrastructure 7
46B. Definitions 7
46C. Licence condition requiring compliance with Order 7
46D. Orders in relation to advanced metering infrastructure 8
46E. General powers in relation to Orders 9
PART 3--AMENDMENT OF GAS INDUSTRY ACT 2001 11
5. New Division 4A of Part 3 inserted 11
Division 4A--Hardship Policies 11
48E. Definitions 11
48F. Objects 11
48G. Financial hardship policies 11
48H. Commission may develop guidelines 12
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551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Clause Page
48I. Commission may approve financial hardship policy 13
48J. Minister may approve financial hardship policy 14
48K. Licensee not to disconnect if there is compliance with
financial hardship policy 14
PART 4--AMENDMENT OF OTHER ACTS 16
6. New section 132A inserted into Pipelines Act 2005 16
132A. Funding 16
7. Energy Safe Victoria Act 2005--General Account 16
ENDNOTES 17
ii
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Electricity Industry Act 2000, the Energy Safe
Victoria Act 2005, the Gas Industry Act 2001 and the Pipelines
Act 2005 and for other purposes.
Energy Legislation (Hardship, Metering
and Other Matters) Act 2006
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the Electricity Industry Act 2000
to provide for the introduction and
5
implementation of financial hardship policies
1
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 1--Preliminary
s. 2
and to provide for the regulation of advanced
metering infrastructure; and
(b) to amend the Gas Industry Act 2001 to
provide for the introduction and
implementation of financial hardship
5
policies; and
(c) to amend the Pipelines Act 2005 to require
licensees under that Act to pay an annual
amount to Energy Safe Victoria, and to make
a consequential amendment to the Energy
10
Safe Victoria Act 2005.
2. Commencement
(1) This Act, other than Part 4, comes into operation
on the day after the day on which it receives the
Royal Assent.
15
(2) Subject to sub-section (3), Part 4 comes into
operation on a day to be proclaimed.
(3) If Part 4 does not come into operation before
1 July 2007, it comes into operation on that day.
__________________
2
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) 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. Division 6 of Part 2 substituted 14 July 2005
and
For Division 6 of Part 2 of the Electricity amending
Industry Act 2000 substitute--
5 Act Nos
39/2005,
65/2005,
'Division 6--Hardship Policies 9/2006,
31/2006 and
32/2006.
41. Definitions LawToday:
www.dms.
In this Division-- dpc.vic.
gov.au
"approved financial hardship policy"
means a policy approved by the
10
Commission under section 45 or the
Minister under section 46;
"domestic customer" means a person
supplied with electricity for use for
domestic purposes.
15
42. Objects
The objects of this Division are--
(a) to recognise that financial hardship may
be suffered by domestic customers; and
(b) to promote best practice in electricity
20
service delivery to facilitate continuity
of electricity supply to domestic
customers experiencing financial
hardship.
43. Financial hardship policies
25
(1) A licence to sell electricity is deemed to
include a condition requiring the licensee to
prepare a policy complying with this section
to deal with domestic customers
experiencing financial hardship and to
30
submit it for approval to--
3
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Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 3
(a) the Minister, if required to do so under
section 46, within the period specified
in the notice under that section; and
(b) the Commission by 31 March 2007.
(2) A financial hardship policy submitted under
5
sub-section (1) must include--
(a) flexible payment options for payment
of electricity bills; and
(b) provision for the auditing of a domestic
customer's electricity usage (whether
10
wholly or partly at the expense of the
licensee); and
(c) flexible options for the purchase or
supply of replacement electrical
equipment designed for domestic use
15
from the licensee or a third party
nominated by the licensee; and
(d) processes for the early response by both
licensees and domestic customers to
electricity bill payment difficulties.
20
(3) A licence to sell electricity is deemed to
include a condition requiring the licensee to
implement an approved financial hardship
policy by the date specified in the approved
financial hardship policy.
25
(4) A term or condition in a contract for the
supply or sale of electricity by a licensee to a
domestic customer is void to the extent that
it is inconsistent with the approved financial
hardship policy of the licensee.
30
44. Commission may develop guidelines
(1) The Commission may prepare and issue
guidelines in relation to the development and
implementation by licensees of financial
hardship policies.
35
4
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Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 3
(2) The Commission may amend any guidelines
issued under this section.
(3) The Commission must publish each
guideline issued under this section and each
amendment of a guideline.
5
45. Commission may approve financial
hardship policy
(1) The Commission must consider a financial
hardship policy submitted by a licensee in
accordance with section 43 and may approve
10
the policy if it considers it appropriate.
(2) In deciding whether to approve a financial
hardship policy the Commission must have
regard to--
(a) the essential nature of the electricity
15
supply; and
(b) community expectations that licensees
will work with domestic customers to
manage customers' present and future
electricity usage and associated
20
financial obligations; and
(c) community expectations that the
electricity supply will not be
disconnected solely because of a
customer's inability to pay for the
25
electricity supply; and
(d) the principle that the electricity supply
to premises should only be
disconnected as a last resort; and
(e) the principle that there should be
30
equitable access to financial hardship
policies and that those policies should
be transparent and applied consistently.
5
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Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 3
(3) The Commission must not approve a
financial hardship policy that does not
include the provisions set out in
section 43(2).
(4) The Commission may, at the request of the
5
licensee, approve a variation or replacement
of an approved financial hardship policy.
46. Minister may approve financial hardship
policy
(1) The Minister may, by notice in writing,
10
require a licensee to submit a financial
hardship policy to the Minister for approval
within the period specified in the notice.
(2) The Minister may approve a financial
hardship policy of a licensee if the Minister
15
considers it appropriate.
(3) In considering a financial hardship policy,
the Minister may have regard to the matters
set out in section 45(2).
(4) A licensee's financial hardship policy
20
approved by the Minister remains in force
until a policy is approved by the
Commission under section 45 in relation to
that licensee.
46A. Licensee not to disconnect if there is
25
compliance with financial hardship policy
(1) A licence to sell electricity is deemed to
include a condition that the licensee must not
disconnect the supply of electricity to a
domestic customer if that customer--
30
(a) has entered into an agreement with the
licensee under the terms of an approved
financial hardship policy of the
licensee; and
6
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 4
(b) is complying with the terms and
conditions of the agreement.
(2) A term or condition in a contract for the
supply or sale of electricity by a licensee to a
domestic customer is void to the extent that
5
it is inconsistent with a condition set out in
sub-section (1).'.
4. New Division 6A of Part 2 inserted
After Division 6 of Part 2 of the Electricity
Industry Act 2000 insert--
10
'Division 6A--Advanced Metering
Infrastructure
46B. Definitions
In this Division--
"advanced metering infrastructure"
15
means infrastructure associated with the
installation and operation of electricity
metering and communications,
including interval meters designed to
transmit data to, and receive data from,
20
a remote locality;
"relevant licensee" means a licensee
determined in accordance with an
Order under section 46D to be a
relevant licensee.
25
46C. Licence condition requiring compliance
with Order
A relevant licensee's licence is deemed to
include a condition requiring the licensee to
comply with an Order under section 46D.
30
7
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Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 4
46D. Orders in relation to advanced metering
infrastructure
The Governor in Council may by Order
published in the Government Gazette--
(a) specify a process for determining who
5
is to be a relevant licensee;
(b) specify the minimum functionality
required of advanced metering
infrastructure supplied or installed by
or on behalf of a relevant licensee and
10
the associated services and systems
required for its support;
(c) specify minimum standards of
performance and service that must be
met by a relevant licensee in respect of
15
the provision, installation, maintenance
and operation of advanced metering
infrastructure and associated services
and systems;
(d) require trials of technologies to be
20
conducted by or on behalf of a relevant
licensee to identify the most cost-
effective methods for the delivery of
advanced metering infrastructure and
associated services and systems and
25
specify the nature and timing of those
trials;
(e) determine the minimum number of
customers or supply points (or both) in
respect of which a relevant licensee is
30
required to supply or install advanced
metering infrastructure and associated
services and systems;
(f) determine the date or dates by which,
and the location at which, the advanced
35
metering infrastructure and associated
8
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Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 4
services and systems must be supplied
or installed and the date or dates by
which the infrastructure, services and
systems must become operational;
(g) if a retailer is a relevant licensee,
5
specify the responsibilities of the
licensee on being notified of a
customer's election to transfer to
another retailer, to ensure there is no
cost impediment or other impediment
10
to that transfer arising from the
licensee's provision of advanced
metering infrastructure;
(h) provide for the setting and regulation of
the prices, fees and charges that a
15
relevant licensee who is a distributor
may charge for or in connection with
the provision, installation, maintenance
and operation of advanced metering
infrastructure and associated services
20
and systems.
46E. General powers in relation to Orders
(1) An Order of the Governor in Council under
section 46D may be made so as to apply,
adopt or incorporate wholly or partially or as
25
amended by the Order, the provisions of any
document, standard, rule, specification or
method formulated, issued, prescribed or
published by any authority or body
whether--
30
(a) as formulated, issued, prescribed or
published at the time the Order is made
or at any time before the Order is made;
or
(b) as amended from time to time.
35
9
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 2--Amendment of Electricity Industry Act 2000
s. 4
(2) An Order of the Governor in Council under
section 46D may--
(a) confer powers and functions on, and
leave any matter to be decided by, the
Commission; and
5
(b) without limiting paragraph (a), direct
the Commission to make amendments
to any instrument made by the
Commission to give effect to any
matter specified in an Order made
10
under section 46D.
(3) An Order of the Governor in Council under
section 46D has effect as from the day
specified in the Order for the period
specified in the Order.
15
(4) An Order of the Governor in Council under
section 46D has effect according to its tenor
despite anything to the contrary in any
agreement or contract.'.
__________________
10
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) 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. New Division 4A of Part 3 inserted Reprint No. 2
as at
After Division 4 of Part 3 of the Gas Industry 1 March 2005
and
Act 2001 insert-- amending
Act Nos
25/2004,
'Division 4A--Hardship Policies
5 108/2004,
33/2005,
48E. Definitions 39/2005,
61/2005,
9/2006,
In this Division-- 29/2006,
31/2006 and
"approved financial hardship policy" 32/2006.
means a policy approved by the LawToday:
www.dms.
Commission under section 48I or the
10 dpc.vic.
Minister under section 48J; gov.au
"domestic customer" means a person
supplied with gas for use for domestic
purposes.
48F. Objects
15
The objects of this Division are--
(a) to recognise that financial hardship may
be suffered by domestic customers; and
(b) to promote best practice in gas service
delivery to facilitate continuity of gas
20
supply to domestic customers
experiencing financial hardship.
48G. Financial hardship policies
(1) A licence to sell gas is deemed to include a
condition requiring the licensee to prepare a
25
policy complying with this section to deal
with domestic customers experiencing
financial hardship and to submit it for
approval to--
11
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 3--Amendment of Gas Industry Act 2001
s. 5
(a) the Minister, if required to do so under
section 48J, within the period specified
in the notice under that section; and
(b) the Commission by 31 March 2007.
(2) A financial hardship policy submitted under
5
sub-section (1) must include--
(a) flexible payment options for payment
of gas bills; and
(b) provision for the auditing of a domestic
customer's gas usage (whether wholly
10
or partly at the expense of the licensee);
and
(c) flexible options for the purchase or
supply of replacement gas appliances
designed for domestic use from the
15
licensee or a third party nominated by
the licensee; and
(d) processes for the early response by both
licensees and domestic customers to
gas bill payment difficulties.
20
(3) A licence to sell gas is deemed to include a
condition requiring the licensee to implement
an approved financial hardship policy by the
date specified in the approved financial
hardship policy.
25
(4) A term or condition in a contract for the
supply or sale of gas by a licensee to a
domestic customer is void to the extent that
it is inconsistent with the approved financial
hardship policy of the licensee.
30
48H. Commission may develop guidelines
(1) The Commission may prepare and issue
guidelines in relation to the development and
implementation by licensees of financial
hardship policies.
35
12
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 3--Amendment of Gas Industry Act 2001
s. 5
(2) The Commission may amend any guidelines
issued under this section.
(3) The Commission must publish each
guideline issued under this section and each
amendment of a guideline.
5
48I. Commission may approve financial
hardship policy
(1) The Commission must consider a financial
hardship policy submitted by a licensee in
accordance with section 48G and may
10
approve the policy if it considers it
appropriate.
(2) In deciding whether to approve a financial
hardship policy the Commission must have
regard to--
15
(a) the essential nature of the gas supply;
and
(b) community expectations that licensees
will work with domestic customers to
manage customers' present and future
20
gas usage and associated financial
obligations; and
(c) community expectations that the gas
supply will not be disconnected solely
because of a customer's inability to pay
25
for the gas supply; and
(d) the principle that the gas supply to
premises should only be disconnected
as a last resort; and
(e) the principle that there should be
30
equitable access to financial hardship
policies and that those policies should
be transparent and applied consistently.
13
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 3--Amendment of Gas Industry Act 2001
s. 5
(3) The Commission must not approve a
financial hardship policy that does not
include the provisions set out in
section 48G(2).
(4) The Commission may, at the request of the
5
licensee, approve a variation or replacement
of an approved financial hardship policy.
48J. Minister may approve financial hardship
policy
(1) The Minister may, by notice in writing,
10
require a licensee to submit a financial
hardship policy to the Minister for approval
within the period specified in the notice.
(2) The Minister may approve a financial
hardship policy of a licensee if the Minister
15
considers it appropriate.
(3) In considering a financial hardship policy,
the Minister may have regard to the matters
set out in section 48I(2).
(4) A licensee's financial hardship policy
20
approved by the Minister remains in force
until a policy is approved by the
Commission under section 48I in relation to
that licensee.
48K. Licensee not to disconnect if there is
25
compliance with financial hardship policy
(1) A licence to sell gas is deemed to include a
condition that the licensee must not
disconnect the supply of gas to a domestic
customer if that customer--
30
(a) has entered into an agreement with the
licensee under the terms of an approved
financial hardship policy of the
licensee; and
14
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 3--Amendment of Gas Industry Act 2001
s. 5
(b) is complying with the terms and
conditions of the agreement.
(2) A term or condition in a contract for the
supply or sale of gas by a licensee to a
domestic customer is void to the extent that
5
it is inconsistent with a condition set out in
sub-section (1).'.
__________________
15
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Part 4--Amendment of Other Acts
s. 6
PART 4--AMENDMENT OF OTHER ACTS
See: 6. New section 132A inserted into Pipelines Act 2005
Act No.
61/2005 and
After section 132 of the Pipelines Act 2005
amending
insert--
Act No.
29/2006.
"132A. Funding
5 LawToday:
www.dms.
A licensee must pay to Energy Safe Victoria
dpc.vic.
gov.au
at such time or times as the Minister
determines such annual amount (if any) as
the Minister determines to be payable by that
licensee in respect of the reasonable costs
10
and expenses of Energy Safe Victoria.".
7. Energy Safe Victoria Act 2005--General Account
See: In section 24(2)(a) of the Energy Safe Victoria
Act No.
Act 2005, after "1997" insert "or section 132A of
39/2005.
LawToday: the Pipelines Act 2005".
15 www.dms.
dpc.vic.
gov.au
16
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
Energy Legislation (Hardship, Metering and Other Matters) Act
2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
17
551478B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
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