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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Grain Handling and Storage Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Adjustment of purpose of Act 2
4 Definitions 2
5 Essential Services Commission's powers in relation to price
regulation 3
6 Access rules 3
7 Insertion of Notes at foot of sections 17 and 18 3
8 New section 18A inserted 3
18A Statutory right of access and related procedure do not
apply if general access determination in force 3
9 General access determinations 4
10 New sections 20 and 20A inserted 4
20 Revocation of general access determination 4
20A Monitoring compliance with general access
determination 4
11 Hindering access 4
12 Commission guidelines 5
13 Repeal of amending Act 5
ENDNOTES 6
561065B.I-17/7/2007 i BILL LA INTRODUCTION 17/7/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Grain Handling and Storage
Amendment Bill 2007
A Bill for an Act to amend the Grain Handling and Storage Act
1995 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Grain Handling and Storage Act 1995 to--
(a) regulate handling and storage services for
5 grain to be exported from the Port of
Melbourne; and
(b) further provide for the application of the
intergovernmental Competition Principles
Agreement (as in force from time to time) in
10 relation to certain determinations of the
Essential Services Commission relating to
access to prescribed services; and
561065B.I-17/7/2007 1 BILL LA INTRODUCTION 17/7/2007
Grain Handling and Storage Amendment Bill 2007
s. 2
(c) further provide for general access
determinations relating to access to
prescribed services.
2 Commencement
5 (1) Sections 1, 4, 9(1) and this section come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 January 2008, it comes into
operation on that day.
3 Adjustment of purpose of Act
15 See:
Act No.
In section 1 of the Grain Handling and Storage
45/1995. Act 1995, after "at" insert "the Port of
Reprint No. 2 Melbourne,".
as at
22 October
2003
and
amending
Act No.
75/2004.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
In section 3 of the Grain Handling and Storage
20 Act 1995--
(a) in the definition of Competition Principles
Agreement, after "Commonwealth" (where
secondly occurring) insert "and if that
agreement is varied, that agreement as varied
25 and in force for the time being";
561065B.I-17/7/2007 2 BILL LA INTRODUCTION 17/7/2007
Grain Handling and Storage Amendment Bill 2007
s. 5
(b) after the definition of GEB instrument
insert--
"general access determination means a
determination of the Commission under
5 section 19;".
5 Essential Services Commission's powers in relation
to price regulation
In section 15(1)(b) of the Grain Handling and
Storage Act 1995, after "in" (where secondly
10 occurring) insert "the Port of Melbourne,".
6 Access rules
In section 16(3) of the Grain Handling and
Storage Act 1995, after "in" (where secondly
occurring) insert "the Port of Melbourne,".
15 7 Insertion of Notes at foot of sections 17 and 18
At the foot of sections 17 and 18 of the Grain
Handling and Storage Act 1995 insert--
"Note
See also sections 18A and 19.".
20 8 New section 18A inserted
After section 18 of the Grain Handling and
Storage Act 1995 insert--
"18A Statutory right of access and related
procedure do not apply if general access
25 determination in force
Sections 17 and 18 do not apply if there is a
general access determination in force that
applies to the prescribed services.".
561065B.I-17/7/2007 3 BILL LA INTRODUCTION 17/7/2007
Grain Handling and Storage Amendment Bill 2007
s. 9
9 General access determinations
(1) Insert the following heading to section 19 of the
Grain Handling and Storage Act 1995--
"General access determinations".
5 (2) Section 19(5) of the Grain Handling and
Storage Act 1995 is repealed.
10 New sections 20 and 20A inserted
After section 19 of the Grain Handling and
Storage Act 1995 insert--
10 "20 Revocation of general access
determination
The Commission, of its own motion, may
make a determination that revokes a general
access determination if it considers that the
15 provider that provides the prescribed services
to which the general access determination
applies has not complied with that general
access determination.
20A Monitoring compliance with general
20 access determination
The Commission may monitor compliance
by the service provider with a general access
determination that applies to prescribed
services provided by that provider.".
25 11 Hindering access
(1) In section 21(2) of the Grain Handling and
Storage Act 1995, for "A person" substitute
"Subject to subsection (2AA), a person".
561065B.I-17/7/2007 4 BILL LA INTRODUCTION 17/7/2007
Grain Handling and Storage Amendment Bill 2007
s. 12
(2) After section 21(2) of the Grain Handling and
Storage Act 1995 insert--
"(2AA) A person is not entitled to apply under
subsection (2) if--
5 (a) there is a general access determination
in force that applies to prescribed
services; and
(b) that person's right of access to those
prescribed services is being hindered by
10 the provider providing those prescribed
services.".
12 Commission guidelines
In section 23A(1)(b)(iii) of the Grain Handling
and Storage Act 1995, after "19" insert
15 ", 20, 20A".
13 Repeal of amending Act
This Act is repealed on 1 January 2009.
561065B.I-17/7/2007 5 BILL LA INTRODUCTION 17/7/2007
Grain Handling and Storage Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561065B.I-17/7/2007 6 BILL LA INTRODUCTION 17/7/2007
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