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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Essential Services Legislation (Dispute Resolution)
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993 3
3. New section 163AAB inserted 3
163AAB. Customer dispute resolution 3
PART 3--AMENDMENT OF GAS INDUSTRY ACT 1994 5
4. New section 48FA inserted 5
48FA. Customer dispute resolution 5
PART 4--AMENDMENT OF WATER INDUSTRY ACT 1994 7
5. New section 11A inserted 7
11A. Customer dispute resolution 7
PART 5--AMENDMENT OF WATER ACT 1989 9
6. New Division 4A inserted in Part 6 9
Division 4A--Customer Dispute Resolution 9
110A. Customer dispute resolution 9
PART 6--AMENDMENT OF MELBOURNE WATER
CORPORATION ACT 1992 11
7. New section 16A inserted 11
16A. Customer dispute resolution 11
ENDNOTES 13
i
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
PARLIAMENT OF VICTORIA
Initiated in Council 5 September 2000
As amended in Council 25 October 2000
A BILL
to amend the Electricity Industry Act 1993, the Gas Industry Act
1994, the Water Industry Act 1994, the Water Act 1989 and the
Melbourne Water Corporation Act 1992 to provide for customer
dispute resolution and for other purposes.
Essential Services Legislation (Dispute
Resolution) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the
Electricity Industry Act 1993, the Gas Industry
5 Act 1994, the Water Industry Act 1994, the
Water Act 1989 and the Melbourne Water
1
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
Essential Services Legislation (Dispute Resolution) Act 2000
s. 2
Act No.
Corporation Act 1992 to provide for customer
dispute resolution.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
5 operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2001, it comes into
operation on that day.
_______________
10
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Essential Services Legislation (Dispute Resolution) Act 2000
s. 3
Act No.
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993
See: 3. New section 163AAB inserted
Act No.
130/1993
After section 163AAA of the Electricity
Reprint No. 4
5 Industry Act 1993 insert--
as at
8 June 1999
"163AAB. Customer dispute resolution
and
amending
Act Nos (1) A licence to--
110/1994,
56/1995, (a) distribute or supply electricity; or
8/1996,
35/1997,
(b) sell electricity--
55/1997,
105/1997,
10 must be issued subject to a condition
25/1998,
requiring the licensee to enter into a
36/1999 and
38/2000.
customer dispute resolution scheme
LawToday:
approved by the Office.
www.dms.
dpc.vic.
(2) In approving a customer dispute resolution
gov.au
15 scheme, the Office must have regard to--
(a) the objectives of the Office under this
Act and under the Office of the
Regulator-General Act 1994; and
(b) the need to ensure that the scheme is
20 accessible to the licensee's customers
and that there are no cost barriers to
those customers using the scheme; and
(c) the need to ensure that the scheme is
independent of the members of the
25 scheme; and
(d) the need for the scheme to be fair and
be seen to be fair; and
(e) the need to ensure that the scheme will
publish decisions and information about
30 complaints received by the scheme so
as to be accountable to the members of
3
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
Essential Services Legislation (Dispute Resolution) Act 2000
s. 3
Act No.
the scheme and the customers of the
scheme members; and
(f) the need for the scheme to undertake
regular reviews of its performance to
5 ensure that its operation is efficient and
effective.
(3) The Office may, in accordance with this
Part, vary any existing licence to--
(a) distribute or supply electricity; or
10 (b) sell electricity--
to include a condition of a kind referred to in
sub-section (1).".
_______________
4
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Essential Services Legislation (Dispute Resolution) Act 2000
s. 4
Act No.
PART 3--AMENDMENT OF GAS INDUSTRY ACT 1994
See: 4. New section 48FA inserted
Act No.
112/1994
After section 48F of the Gas Industry Act 1994
Reprint No. 3
insert--
as at
11 May 1999
5 "48FA. Customer dispute resolution
and
amending
Act Nos (1) A licence authorising a person to--
31/1995,
91/1997, (a) provide services by means of a
31/1998,
distribution pipeline; or
40/1998,
91/1998,
(b) sell gas by retail--
96/1998,
36/1999,
10 must be issued subject to a condition
39/1999 and
58/1999.
requiring the licensee to enter into a
LawToday:
customer dispute resolution scheme
www.dms.
dpc.vic.
approved by ORG.
gov.au
(2) In approving a customer dispute resolution
15 scheme, ORG must have regard to--
(a) the objectives of ORG under this Part
and under the Office of the Regulator-
General Act 1994; and
(b) the need to ensure that the scheme is
20 accessible to the licensee's customers
and that there are no cost barriers to
those customers using the scheme; and
(c) the need to ensure that the scheme is
independent of the members of the
25 scheme; and
(d) the need for the scheme to be fair and
be seen to be fair; and
(e) the need to ensure that the scheme will
publish decisions and information about
30 complaints received by the scheme so
as to be accountable to the members of
5
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
Essential Services Legislation (Dispute Resolution) Act 2000
s. 4
Act No.
the scheme and the customers of the
scheme members; and
(f) the need for the scheme to undertake
regular reviews of its performance to
5 ensure that its operation is efficient and
effective.
(3) ORG may, in accordance with this Part, vary
any existing licence to--
(a) provide services by means of a
10 distribution pipeline; or
(b) sell gas by retail--
to include a condition of a kind referred to in
sub-section (1).".
_______________
15
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Essential Services Legislation (Dispute Resolution) Act 2000
s. 5
Act No.
PART 4--AMENDMENT OF WATER INDUSTRY ACT 1994
See: 5. New section 11A inserted
Act No.
121/1994
After section 11 of the Water Industry Act 1994
Reprint No. 3
insert--
as at
1 January
5 "11A. Customer dispute resolution
1999
and
amending (1) A licence must be issued subject to a
Act No.
condition requiring the licensee to enter into
22/1999.
a customer dispute resolution scheme
LawToday:
www.dms.
approved by the Office of the Regulator-
dpc.vic.
10 General.
gov.au
(2) A dispute resolution scheme provided for in
accordance with this section is in addition to
and not in derogation of any right of review
a person may have under this Act.
15 (3) In approving a customer dispute resolution
scheme, the Office of the Regulator-General
must have regard to--
(a) the objectives of the Office of the
Regulator-General under this Act and
20 under the Office of the Regulator-
General Act 1994; and
(b) the need to ensure that the scheme is
accessible to the licensee's customers
and that there are no cost barriers to
25 those customers using the scheme; and
(c) the need to ensure that the scheme is
independent of the members of the
scheme; and
(d) the need for the scheme to be fair and
30 be seen to be fair; and
7
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
Essential Services Legislation (Dispute Resolution) Act 2000
s. 5
Act No.
(e) the need to ensure that the scheme will
publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
5 the scheme and the customers of the
scheme members; and
(f) the need for the scheme to undertake
regular reviews of its performance to
ensure that its operation is efficient and
10 effective.
(4) The Office of the Regulator-General may, in
accordance with this Part, vary any existing
licence to include a condition of a kind
referred to in sub-section (1).".
15 _______________
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Essential Services Legislation (Dispute Resolution) Act 2000
s. 6
Act No.
PART 5--AMENDMENT OF WATER ACT 1989
See: 6. New Division 4A inserted in Part 6
Act No.
80/1989
After Division 4 of Part 6 of the Water Act 1989
Reprint No. 5
insert--
as at
18 May 1999
and
5 "Division 4A--Customer Dispute Resolution
amending
Act Nos
22/1999,
110A. Customer dispute resolution
65/1999 and
30/2000.
(1) An Authority must on or before a date to be
LawToday:
determined by the Treasurer enter into a
www.dms.
dpc.vic.
customer dispute resolution scheme
gov.au
10 approved by the Office of the Regulator-
General established under the Office of the
Regulator-General Act 1994.
(2) A dispute resolution scheme provided for in
accordance with this section is in addition to
15 and not in derogation of any right of review
a person may have under this Act.
(3) In approving a dispute resolution scheme the
Office of the Regulator-General must have
regard to--
20 (a) the need to ensure that the scheme is
accessible to and that there are no cost
barriers to persons using the scheme;
and
(b) the need to ensure that the scheme is
25 independent of the members of the
scheme; and
(c) the need for the scheme to be fair and
be seen to be fair; and
(d) the need to ensure that the scheme will
30 publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
9
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Essential Services Legislation (Dispute Resolution) Act 2000
s. 6
Act No.
the scheme and the persons using the
scheme; and
(e) the need for the scheme to undertake
regular reviews of its performance to
5 ensure that its operation is efficient and
effective.
(4) This section only applies to an Authority that
has a water district or a sewerage district or
an irrigation district.".
10 _______________
10
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
Essential Services Legislation (Dispute Resolution) Act 2000
s. 7
Act No.
PART 6--AMENDMENT OF MELBOURNE WATER
CORPORATION ACT 1992
See: 7. New section 16A inserted
Act No.
54/1992
After section 16 of the Melbourne Water
Reprint No. 1
5 Corporation Act 1992 insert--
as at
5 December
"16A. Customer dispute resolution
1996
and
amending (1) The Corporation must on or before a date to
Act Nos
be determined by the Treasurer enter into a
110/1997 and
customer dispute resolution scheme
46/1998.
LawToday:
10 approved by the Office of the Regulator-
www.dms.
General established under the Office of the
dpc.vic.
gov.au
Regulator-General Act 1994.
(2) A dispute resolution scheme provided for in
accordance with this section is in addition to
15 and not in derogation of any right of review
a person may have under the MMBW Act.
(3) In approving a dispute resolution scheme the
Office of the Regulator-General must have
regard to--
20 (a) the need to ensure that the scheme is
accessible to and that there are no cost
barriers to persons using the scheme;
and
(b) the need to ensure that the scheme is
25 independent of the members of the
scheme; and
(c) the need for the scheme to be fair and
be seen to be fair; and
(d) the need to ensure that the scheme will
30 publish decisions and information about
complaints received by the scheme so
as to be accountable to the members of
11
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
Essential Services Legislation (Dispute Resolution) Act 2000
s. 7
Act No.
the scheme and the persons using the
scheme; and
(e) the need for the scheme to undertake
regular reviews of its performance to
5 ensure that its operation is efficient and
effective.".
12
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Essential Services Legislation (Dispute Resolution) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
13
541098B.A1-26/10/2000 BILL LC AS SENT 26/10/2000
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