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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Energy Legislation (Consumer Protection and
Other Amendments) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 3
PART 2--AMENDMENTS TO THE GAS INDUSTRY ACT 2001 4
3. Regulation of tariffs for prescribed customers 4
4. Offer to domestic or small business customers 4
5. Terms and conditions of contracts for sale of gas to certain
customers 4
6. Deemed contracts with former franchise customers 4
7. Deemed contracts for supply and sale for relevant customers 4
8. Prohibited interests 4
9. General powers 4
10. Non-commercial functions 5
11. Delegation powers 5
PART 3--AMENDMENTS TO THE ELECTRICITY INDUSTRY
ACT 2000 6
12. Regulation of tariffs for prescribed customers 6
13. New section 21(v) inserted 6
14. Condition restricting sale to certain customers 6
15. New sections 26A and 26B inserted 6
26A. Guidelines about access to land 6
26B. Commission may require licensee to enter into lease of
land 7
16. Offer to domestic or small business customers 8
17. Terms and conditions of contracts for sale of electricity to certain
customers 8
18. Deemed contracts with former franchise customers 8
19. Deemed contracts for supply and sale for relevant customers 8
20. Powers of VENCorp 8
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551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Clause Page
21. New section 79AA inserted 9
79AA. Directions 9
22. Power to acquire easements with approval of Governor in
Council 9
PART 4--AMENDMENTS TO THE ESSENTIAL SERVICES
COMMISSION ACT 2001 10
23. Expiry of Part 10
PART 5--AMENDMENTS TO THE NATIONAL ELECTRICITY
(VICTORIA) ACT 1997 11
24. New sections 8AB, 8AC and 8AD inserted 11
8AB. Immunity for action taken under section 76 of the
National Electricity (Victoria) Law 11
8AC. Immunity of NEMMCO and network service providers 11
8AD. Immunity in relation to failure to supply electricity 12
25. Supreme Court--limitation of jurisdiction 12
PART 6--AMENDMENTS TO THE ELECTRICITY SAFETY
ACT 1998 13
26. Definition 13
27. Statute law revision 13
PART 7--AMENDMENTS TO CO-OPERATIVE SCHEMES
(ADMINISTRATIVE ACTIONS) ACT 2001 14
28. Definitions 14
29. Co-operative schemes to which this Act applies--relevant State
Acts 14
30. Act not to give rise to liability against the State 14
31. Supreme Court--limitation of jurisdiction 15
32. Regulations 15
ENDNOTES 16
ii
551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to amend the Gas Industry Act 2001, the Electricity Industry Act
2000, the Essential Services Commission Act 2001, the National
Electricity (Victoria) Act 1997, the Electricity Safety Act 1998 and
the Co-operative Schemes (Administrative Actions) Act 2001 and
for other purposes.
Energy Legislation (Consumer
Protection and Other Amendments) Act
2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
1
551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 1--Preliminary
s. 1
(a) to amend the Gas Industry Act 2001 and
the Electricity Industry Act 2000--
(i) to extend the consumer protection
safety net for gas and electricity
5 customers until 31 December 2004;
(ii) to clarify the operation of VENCorp's
general powers and functions in
relation to the Electricity Industry Act
2000;
10 (b) to amend the Electricity Industry Act
2000--
(i) to provide that the Essential Services
Commission may impose a condition
on a licence to require a transmission
15 company to provide access to its land
for the purpose of constructing,
operating and maintaining
augmentations to the electricity
transmission system;
20 (ii) to provide that the Essential Services
Commission may direct a transmission
company to enter into a lease in relation
to the provision of access to its land for
the purpose of constructing, operating
25 and maintaining augmentations to the
electricity transmission system;
(iii) to clarify that the power of distribution
companies, transmission companies and
generation companies to compulsorily
30 acquire easements applies in respect of
both overhead and underground power
lines;
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551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 1--Preliminary
s. 2
(c) to amend the Essential Services
Commission Act 2001 to extend until
31 December 2004 the operation of the
special reference provisions in Part 6 of that
5 Act;
(d) to amend the National Electricity (Victoria)
Act 1997 to ensure that the protection
against civil monetary liability, afforded
under the National Electricity (Victoria) Law
10 to specified persons undertaking certain
actions, is fully effective;
(e) to amend the Co-operative Schemes
(Administrative Actions) Act 2001 to
validate certain administrative actions taken
15 by Commonwealth authorities or officers
under specified Gas Acts.
2. Commencement
(1) This Act (except sections 13 and 15 and Part 7)
comes into operation on the day after the day on
20 which it receives the Royal Assent.
(2) Part 7 comes into operation on a day to be
proclaimed.
(3) Sections 13 and 15 come into operation on a day
to be proclaimed.
25 (4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 2004, it
comes into operation on that day.
__________________
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 2--Amendments to the Gas Industry Act 2001
s. 3
PART 2--AMENDMENTS TO THE GAS INDUSTRY ACT 2001
3. Regulation of tariffs for prescribed customers
See: In section 21(7) of the Gas Industry Act 2001 for
Act No.
"August" (where twice occurring) substitute
31/2001.
5 Reprint No. 1 "December".
as at 2 July
2002.
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4. Offer to domestic or small business customers
In section 42(9) of the Gas Industry Act 2001 for
"August" substitute "December".
5. Terms and conditions of contracts for sale of gas to
10 certain customers
In section 43(7) of the Gas Industry Act 2001 for
"August" substitute "December".
6. Deemed contracts with former franchise customers
In section 44(3) of the Gas Industry Act 2001 for
15 "August" substitute "December".
7. Deemed contracts for supply and sale for relevant
customers
In section 46(11) of the Gas Industry Act 2001
for "August" substitute "December".
20 8. Prohibited interests
In section 128(9)(b)(ii) of the Gas Industry Act
2001 for "substantial" (where first occurring)
substitute "controlling".
9. General powers
25 In section 162(1) of the Gas Industry Act 2001,
after "this Act" (where twice occurring) insert
", the Electricity Industry Act 2000".
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 2--Amendments to the Gas Industry Act 2001
s. 10
10. Non-commercial functions
After section 163(4) of the Gas Industry Act
2001 insert--
"(5) This section applies to VENCorp's functions
5 under this Act, the Electricity Industry Act
2000 or any other Act.".
11. Delegation powers
In section 164 of the Gas Industry Act 2001,
after "any power of VENCorp" insert "under this
10 Act, the Electricity Industry Act 2000 or any
other Act".
__________________
5
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 3--Amendments to the Electricity Industry Act 2000
s. 12
PART 3--AMENDMENTS TO THE ELECTRICITY
INDUSTRY ACT 2000
12. Regulation of tariffs for prescribed customers
See: In section 13(7) of the Electricity Industry Act
Act No.
5 2000 for "2003" substitute "2004".
68/2000.
Reprint No. 1
as at
13 June 2002
and
amending
Act No.
10/2002.
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13. New section 21(v) inserted
After section 21(u) of the Electricity Industry
Act 2000 insert--
"(v) requiring a transmission company to provide,
10 in accordance with the guidelines under
section 26A, access to a specified person or
class of person to its land for the purpose of
constructing, operating and maintaining
augmentations to the electricity transmission
15 system.".
14. Condition restricting sale to certain customers
In section 23(4) of the Electricity Industry Act
2000 for "2003" substitute "2004".
15. New sections 26A and 26B inserted
20 After section 26 of the Electricity Industry Act
2000 insert--
'26A. Guidelines about access to land
(1) The Commission--
6
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 3--Amendments to the Electricity Industry Act 2000
s. 15
(a) must prepare guidelines for the
purposes of sections 21(v) and 26B;
and
(b) may amend those guidelines from time
5 to time.
(2) A guideline or amendment to a guideline
prepared under this section is a
determination for the purposes of the
Essential Services Commission Act 2001.
10 26B. Commission may require licensee to enter
into lease of land
(1) The Commission may, by notice in writing,
direct a transmission company to lease land
to a person, in accordance with the
15 guidelines prepared under section 26A, if--
(a) the transmission company's licence is
subject to a condition of a kind referred
to in section 21(v); and
(b) a person to whom access is to be
20 provided under that condition makes a
written request to lease land from the
transmission company for the purposes
of that access; and
(c) the transmission company fails to enter
25 into a lease of that land within the
required period after receiving a written
request to do so by that person.
(2) A direction by the Commission under sub-
section (1) is a determination for the
30 purposes of the Essential Services
Commission Act 2001.
(3) In sub-section (1)(c) "the required period"
is the period determined in accordance with
the guidelines under section 26A for the
35 purposes of this section.'.
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 3--Amendments to the Electricity Industry Act 2000
s. 16
16. Offer to domestic or small business customers
In section 35(9) of the Electricity Industry Act
2000 for "2003" substitute "2004".
17. Terms and conditions of contracts for sale of
5 electricity to certain customers
In section 36(7) of the Electricity Industry Act
2000 for "2003" substitute "2004".
18. Deemed contracts with former franchise customers
In section 37(2) of the Electricity Industry Act
10 2000 for "2003" substitute "2004".
19. Deemed contracts for supply and sale for relevant
customers
In section 39(11) of the Electricity Industry Act
2000 for "2003" substitute "2004".
15 20. Powers of VENCorp
(1) For section 79(1)(c) of the Electricity Industry
Act 2000 substitute--
"(c) to carry out directions given to VENCorp
under section 79AA, whether or not for
20 purposes connected with functions under this
Part or under a licence issued under Part 2;
(d) any other functions conferred on VENCorp
under this Part or under a licence issued
under Part 2;
25 (e) any other functions conferred on VENCorp
in relation to the electricity industry under
this Act or any other Act.".
(2) In section 79(2) of the Electricity Industry Act
2000, for "This" substitute "Subject to sub-
30 section (3), this".
8
551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 3--Amendments to the Electricity Industry Act 2000
s. 21
(3) After section 79(2) of the Electricity Industry
Act 2000 insert--
"(3) Nothing in sub-section (2)--
(a) limits the power of the Minister to give
5 directions to the board of VENCorp
under section 79AA; or
(b) limits the ability of the board of
VENCorp to comply with a direction
given under section 79AA.".
10 21. New section 79AA inserted
After section 79 of the Electricity Industry Act
2000 insert--
"79AA. Directions
(1) The Minister, after consultation with the
15 Treasurer, may, from time to time, by written
notice to the board of VENCorp, give such
directions to the board as the Minister thinks
fit.
(2) The board of VENCorp must comply with a
20 direction given under this section but an act
or decision of the board is not invalid merely
because of a failure to comply with such a
direction.".
22. Power to acquire easements with approval of
25 Governor in Council
In section 86(1) of the Electricity Industry Act
2000 for "the purpose of erecting and maintaining
power lines" substitute "the purposes of--
(a) erecting or laying power lines (or both); and
30 (b) maintaining power lines.".
__________________
9
551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 4--Amendments to the Essential Services Commission Act 2001
s. 23
PART 4--AMENDMENTS TO THE ESSENTIAL SERVICES
COMMISSION ACT 2001
23. Expiry of Part
See: In section 47 of the Essential Services
Act No.
5 Commission Act 2001 for "August" substitute
62/2001
and "December".
amending
Act Nos
11/2002,
32/2002 and
49/2002.
LawToday:
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__________________
10
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 5--Amendments to the National Electricity (Victoria) Act 1997
s. 24
PART 5--AMENDMENTS TO THE NATIONAL
ELECTRICITY (VICTORIA) ACT 1997
24. New sections 8AB, 8AC and 8AD inserted
See:
After section 8A of the National Electricity Act No.
5 (Victoria) Act 1997 insert-- 29/1997
and
'8AB. Immunity for action taken under section 76 amending
Act Nos
of the National Electricity (Victoria) Law 55/1997,
38/2000 and
(1) Except as otherwise provided in section 76 62/2001.
of the National Electricity (Victoria) Law, a LawToday:
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10 person-- dpc.vic.
gov.au
(a) who takes action, or who requires a
Code participant to take action, in
accordance with an authorisation under
section 76(1) of that Law, does not
15 incur any civil monetary liability for the
action taken;
(b) who is a Code participant, does not
incur any civil monetary liability for
action taken in accordance with a
20 requirement made under section 76 of
that Law.
(2) In this section "civil monetary liability"
has the same meaning as in section 76 of the
National Electricity (Victoria) Law.
25 8AC. Immunity of NEMMCO and network
service providers
(1) Except as otherwise provided in section 77A
of the National Electricity (Victoria) Law or
an agreement under that section--
30 (a) NEMMCO or an officer or employee of
NEMMCO does not incur any civil
monetary liability for an act or
omission in the performance or
exercise, or purported performance or
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 5--Amendments to the National Electricity (Victoria) Act 1997
s. 25
exercise, of a function or power of
NEMMCO under that Law or the Code;
(b) a network service provider or an officer
or employee of a network service
5 provider does not incur any civil
monetary liability for an act or
omission in the performance or
exercise, or purported performance or
exercise, of a system operations
10 function or power.
(2) In this section "civil monetary liability",
"network service provider", "officer" and
"system operations function or power"
have the same meanings as in section 77A of
15 the National Electricity (Victoria) Law.
8AD. Immunity in relation to failure to supply
electricity
(1) Except as otherwise provided in section 78
of the National Electricity (Victoria) Law or
20 an agreement under that section, a Code
participant or an officer or employee of a
Code participant does not incur any civil
monetary liability for any partial or total
failure to supply electricity.
25 (2) In this section "civil monetary liability"
and "officer" have the same meanings as in
section 77A of the National Electricity
(Victoria) Law.'.
25. Supreme Court--limitation of jurisdiction
30 At the end of section 8B of the National
Electricity (Victoria) Act 1997 insert--
"(2) It is the intention of sections 8AB, 8AC and
8AD to alter or vary section 85 of the
Constitution Act 1975.".
__________________
12
551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 6--Amendments to the Electricity Safety Act 1998
s. 26
PART 6--AMENDMENTS TO THE ELECTRICITY SAFETY
ACT 1998
26. Definition
See:
In section 3 of the Electricity Safety Act 1998, in Act No.
5 the definition of "urban area" omit 'or "very 25/1998.
Reprint No. 3
high" '. as at
29 July 2002.
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27. Statute law revision
In section 140A of the Electricity Safety Act
1998, in the definition of "prescribed offence" for
10 "68(1)" substitute "68".
__________________
13
551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 7--Amendments to Co-operative Schemes (Administrative Actions) Act
s. 28
2001
PART 7--AMENDMENTS TO CO-OPERATIVE SCHEMES
(ADMINISTRATIVE ACTIONS) ACT 2001
28. Definitions
See: In section 3 of the Co-operative Schemes
Act No.
5 (Administrative Actions) Act 2001--
41/2001
as at
(a) insert the following definition--
2 August
2001.
' "Gas Act" means--
LawToday:
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dpc.vic. (a) the Gas Industry Act 1994;
gov.au
(b) the Gas Industry (Residual
10 Provisions) Act 1994;
(c) the Gas Industry Act 2001;';
(b) after paragraph (a) of the definition of
"commencement time" insert--
"(ab) in relation to a Gas Act--the time when
15 Part 7 of the Energy Legislation
(Consumer Protection and Other
Amendments) Act 2003 commences;
or".
29. Co-operative schemes to which this Act applies--
20 relevant State Acts
After section 4(1)(a) of the Co-operative
Schemes (Administrative Actions) Act 2001
insert--
"(ab) a Gas Act; and".
25 30. Act not to give rise to liability against the State
(1) In section 13(1) of the Co-operative Schemes
(Administrative Actions) Act 2001, after
"section 4" insert "or the enactment,
commencement or operation of Part 7 of the
30 Energy Legislation (Consumer Protection and
Other Amendments) Act 2003".
14
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Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Part 7--Amendments to Co-operative Schemes (Administrative Actions) Act
s. 31
2001
(2) In section 13(2) of the Co-operative Schemes
(Administrative Actions) Act 2001, after "not
been made" insert "or this Act had not been
amended by Part 7 of the Energy Legislation
5 (Consumer Protection and Other
Amendments) Act 2003".
31. Supreme Court--limitation of jurisdiction
At the end of section 14 of the Co-operative
Schemes (Administrative Actions) Act 2001
10 insert--
"(2) It is the intention of section 13 as amended
by the Energy Legislation (Consumer
Protection and Other Amendments) Act
2003 to alter or vary section 85 of the
15 Constitution Act 1975.".
32. Regulations
In section 15(2) of the Co-operative Schemes
(Administrative Actions) Act 2001, after
"section 4" insert "or the amendment of this Act
20 by Part 7 of the Energy Legislation (Consumer
Protection and Other Amendments) Act 2003".
15
551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551060B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
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