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PARLIAMENT OF VICTORIA
Gas Industry Legislation (Miscellaneous
Amendments) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF GAS INDUSTRY ACT 1994 3
Division 1--Amendments relating to retail gas market rules 3
3. New Division 2B inserted in Part 4A 3
Division 2B--Facilitation of retail competition 3
48MG. What are retail gas market rules? 3
48MH. Principles for retail gas market rules 4
48MI. Retail gas market rules--VENcorp 5
48MJ. Retail gas market rules--gas distribution company 5
48MK. Conditions of licence relating to retail gas market 5
48ML. Approval of rules by ORG 6
48MM. Operation of approved rules 6
48MN. Amendments to approved rules 7
48MO. Cost recovery 7
4. Repeal of section 48GB 8
Division 2--Amendments consequential on the Gas Industry Act
2001 8
5. Change of title 8
6. Definitions 8
7. Repeal and amendment of certain provisions in Part 1 10
8. Repeal of certain provisions of Division 2A of Part 2 10
9. Repeal of certain provisions applying to VENCorp 11
10. Repeal of Part 2A 11
11. Repeal of Part 3 11
12. Repeal of Part 3A 11
13. Repeal of Part 4A 11
14. Repeal and amendment of certain provisions of Part 5 11
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Clause Page
15. Repeal and amendment of certain provisions of Part 6 12
16. Repeal of Part 6A 12
17. Repeal of Part 6AA 12
18. Repeal of section 62PA 12
19. Repeal of certain provisions of Part 9 12
20. New section 102 substituted 12
102. Regulations 12
21. New section 105 inserted 13
105. Savings and transitional provisions 13
22. Repeal of Part 15 13
23. Repeal of Schedule 1A 13
24. New Schedule 5 inserted 13
PART 3--AMENDMENT OF OTHER ACTS 23
25. Building Act 1993 23
26. Country Fire Authority Act 1958 23
27. Dangerous Goods Act 1985 23
28. Electricity Industry Act 2000 23
29. Electricity Safety Act 1998 24
30. Gas Pipelines Access (Victoria) Act 1998 24
31. Gas Industry (Further Amendment) Act 1997 25
32. Gas Industry (Amendment) Act 1998 25
33. Gas Industry Acts (Amendment) Act 2000 25
34. Gas Safety Act 1997 25
35. Magistrates' Court Act 1989 26
36. Melbourne City Link Act 1995 27
37. Office of the Regulator-General Act 1994 27
38. Pipelines Act 1967 27
39. State Electricity Commission Act 1958 27
40. Treasury Corporation of Victoria Act 1992 27
ENDNOTES 29
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PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to amend the Gas Industry Act 1994 to provide for retail gas market
rules and as a consequence of the Gas Industry Act 2001 and for
other purposes.
Gas Industry Legislation (Miscellaneous
Amendments) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Gas Industry Act 1994--
5 (i) to provide for retail gas market rules;
and
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(ii) as a consequence of the Gas Industry
Act 2001; and
(b) to make consequential amendments to other
Acts.
5 2. Commencement
(1) This Part and Division 1 of Part 2 come into
operation on the day after the day on which this
Act receives Royal Assent.
(2) The remaining provisions of this Act (except
10 section 30) come into operation on 1 September
2001.
(3) Section 30 comes into operation on a day to be
proclaimed.
(4) If section 30 does not come into operation before
15 1 July 2002, it comes into operation on that day.
_______________
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PART 2--AMENDMENT OF GAS INDUSTRY ACT 1994
Division 1--Amendments relating to retail gas market rules
3. New Division 2B inserted in Part 4A
After Division 2A of Part 4A of the Gas Industry
5 Act 1994 insert--
"Division 2B--Facilitation of retail competition
48MG. What are retail gas market rules?
(1) For the purposes of this Division retail gas
market rules are rules relating to the
10 operation of the retail gas market.
(2) Retail gas market rules may include rules
relating to--
(a) the allocation of unique identifiers for
gas metering installations;
15 (b) the registration of unique identifiers
and gas metering installations;
(c) the provision of unique identifiers and
other information contained in a
register required by rules made under
20 paragraph (b) in relation to unique
identifiers and gas metering
installations;
(d) the arrangements for the transfer of
customers from one gas retailer to
25 another gas retailer;
(e) the provision, installation and
maintenance of metering installations
for the purposes of--
(i) the retail gas market; or
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(ii) the settlement of any relevant
wholesale market for gas; or
(iii) any other financial settlement that
is regularly required in respect of
5 the wholesale sale of gas through
a distribution pipeline;
(f) the collection, creation, processing,
storage and provision of access to data
for the purposes of--
10 (i) the retail gas market; or
(ii) the settlement of any relevant
wholesale market for gas; or
(iii) any other financial settlement that
is regularly required in respect of
15 the wholesale sale of gas through
a distribution pipeline.
(3) Retail gas market rules may apply, adopt or
incorporate wholly or partially or as
amended by the rules, the provisions of any
20 document, standard, rule, specification or
method formulated, issued, prescribed or
published by any authority or body
whether--
(a) as formulated, issued, prescribed or
25 published at the time the rules are made
or at any time before the rules are
made; or
(b) as amended from time to time.
48MH. Principles for retail gas market rules
30 (1) The Governor in Council may by Order
published in the Government Gazette
determine principles to be taken into account
by ORG for the approval under this Division
of retail gas market rules.
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(2) An Order under this section has effect from
the day specified in the Order.
48MI. Retail gas market rules--VENcorp
(1) VENCorp must develop retail gas market
5 rules in accordance with this Division for the
gas transmission system and the gas
distribution system.
(2) VENCorp must comply with a scheme
approved by ORG for the development and
10 implementation of the retail gas market
rules.
(3) VENCorp must submit the completed retail
gas market rules to ORG for approval.
48MJ. Retail gas market rules--gas distribution
15 company
(1) A gas distribution company must develop
retail gas market rules in accordance with
this Division for any part of a distribution
pipeline in respect of which it is a licensee
20 except any part of a pipeline to which the
rules developed by VENCorp under section
48MI apply.
(2) A gas distribution company must comply
with a scheme approved by ORG for the
25 development and implementation of the
retail gas market rules.
(3) The gas distribution company must submit
the completed retail gas market rules to ORG
for approval.
30 48MK. Conditions of licence relating to retail gas
market
A licence is deemed to include the following
conditions--
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(a) requiring the licensee to observe
guidelines issued by, or other
requirements of, ORG in connection
with the transition of customers to
5 competition in the retail gas market;
and
(b) requiring the licensee to participate in
any scheme or schemes approved by
ORG under sections 48MI and 48MJ;
10 and
(c) in the case of a gas distribution
company, requiring the licensee to
comply with section 48MJ and any
scheme approved by ORG under that
15 section.
48ML. Approval of rules by ORG
(1) ORG may determine to approve or not to
approve any retail gas market rules
submitted to it under this Division.
20 (2) ORG must have regard to the principles
determined under section 48MH and its
objectives under section 8B in determining
whether or not to approve retail gas market
rules under this Division.
25 48MM. Operation of approved rules
(1) Approved retail gas market rules come into
effect on the date that they are approved by
ORG or a later date specified in the
approval.
30 (2) Sections 35 and 36 of the Office of the
Regulator-General Act 1994 apply to
approved retail gas market rules as if the
approved rules were a determination made
by ORG under that Act.
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48MN. Amendments to approved rules
(1) Approved retail gas market rules may be
amended in accordance with the procedures
set out in the rules.
5 (2) An amendment to an approved retail gas
market rule does not take effect until it has
been approved by ORG.
(3) Section 48ML applies to the approval of an
amendment to an approved retail gas market
10 rule.
48MO. Cost recovery
(1) The Governor in Council may by Order
published in the Government Gazette--
(a) provide for the setting and regulation of
15 the prices, fees and charges that a gas
distribution company may charge for or
in connection with the implementation
and operation of approved retail gas
market rules;
20 (b) empower the recovery of those prices,
fees and charges from all gas retailers
or a class or classes of gas retailers
supplied by the distribution company or
all customers of a gas retailer or a class
25 or classes of customers of a gas retailer
so supplied.
(2) An Order under sub-section (1) may direct
ORG to make a determination under the
Office of the Regulator-General Act 1994
30 in respect of such factors and matters or in
accordance with such procedures, matters or
bases as are specified in the Order, or both.".
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4. Repeal of section 48GB
Section 48GB of the Gas Industry Act 1994 is
repealed.
Division 2--Amendments consequential on the Gas Industry
5 Act 2001
5. Change of title
In the title of the Gas Industry Act 1994, after
"Industry" insert "(Residual Provisions)".
6. Definitions
10 In section 3 of the Gas Industry Act 1994--
(a) the definition of "ACCC" is repealed;
(b) the definition of "appeal tribunal" is
repealed;
(c) the definition of "civil penalty provision" is
15 repealed;
(d) the definition of "conduct provision" is
repealed;
(e) for the definition of "distribution pipeline"
substitute--
20 ' "distribution pipeline" has the same
meaning as it has in the Gas Industry
Act 2001;';
(f) for the definition of "gas" substitute--
' "gas" has the same meaning as it has in the
25 Gas Industry Act 2001;';
(g) for the definition of "gas distribution
company" substitute--
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' "gas distribution company" has the same
meaning as it has in the Gas Industry
Act 2001;';
(h) the definitions of "gas distribution system",
5 "gas fitting" and "gas producer" are
repealed;
(i) for the definition of "gas retailer"
substitute--
' "gas retailer" has the same meaning as it
10 has in the Gas Industry Act 2001;';
(j) for the definition of "gas transmission
company" substitute--
' "gas transmission company" has the
same meaning as it has in the Gas
15 Industry Act 2001;';
(k) the definition of "gas transmission system" is
repealed;
(l) the definition of "inspector" is repealed;
(m) the definition of "licence" is repealed;
20 (n) the definition of "licensee" is repealed;
(o) the definition of "market participant" is
repealed;
(p) the definition of "meter" is repealed;
(q) the definition of "MSO Rules" is repealed;
25 (r) for the definition of "pipeline" substitute--
' "pipeline" has the same meaning as it has
in the Gas Industry Act 2001;';
(s) the definition of "Port Campbell facility" is
repealed;
30 (t) the definition of "Regulator" is repealed;
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(u) the definition of "regulatory provision" is
repealed;
(v) the definition of "service provider" is
repealed;
5 (w) the definition of "significant producer" is
repealed;
(x) in the definition of "statutory gas company",
omit "or VENCorp";
(y) for the definition of "transmission pipeline"
10 substitute--
' "transmission pipeline" has the same
meaning as it has in the Gas Industry
Act 2001;';
(z) the definition of "underground storage
15 facility" is repealed;
(za) in the definition of "VENCorp", for
"established under Division 2A of Part 2"
substitute "continued under Part 8 of the
Gas Industry Act 2001";
20 (zb) the definition of "Victorian gas market" is
repealed.
7. Repeal and amendment of certain provisions in Part 1
(1) Sections 4, 5, 5A, 5B, 5C and 5D of the Gas
Industry Act 1994 are repealed.
25 (2) In section 6A of the Gas Industry Act 1994 omit
"32, 33, 92 or".
(3) Sections 6D, 8A and 8B of the Gas Industry Act
1994 are repealed.
8. Repeal of certain provisions of Division 2A of Part 2
30 Sections 16A, 16B, 16C, 16CA, 16D, 16E, 16F,
16G, 16H, 16HA, 16K and 16L of the Gas
Industry Act 1994 are repealed.
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9. Repeal of certain provisions applying to VENCorp
In section 17 of the Gas Industry Act 1994, sub-
sections (3) and (4) are repealed.
10. Repeal of Part 2A
5 Part 2A of the Gas Industry Act 1994 is
repealed.
11. Repeal of Part 3
Part 3 of the Gas Industry Act 1994 is repealed.
12. Repeal of Part 3A
10 Part 3A of the Gas Industry Act 1994 is
repealed.
13. Repeal of Part 4A
Part 4A of the Gas Industry Act 1994 is
repealed.
15 14. Repeal and amendment of certain provisions of Part 5
(1) In section 49(1) of the Gas Industry Act 1994,
for "to which this section applies" substitute
"owned by the GFCV before 20 December 1994".
(2) In section 49 of the Gas Industry Act 1994, sub-
20 section (2) is repealed.
(3) Sections 50, 51, 51A and 51B of the Gas
Industry Act 1994 are repealed.
(4) In section 52(1) of the Gas Industry Act 1994
omit "or VENCorp".
25 (5) Section 52(2) of the Gas Industry Act 1994 is
repealed.
(6) Sections 53, 54, 55, 57, 58, 59 and 60 of the Gas
Industry Act 1994 are repealed.
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15. Repeal and amendment of certain provisions of Part 6
(1) Section 60A of the Gas Industry Act 1994 is
repealed.
(2) In section 61(1)(b) of the Gas Industry Act 1994,
5 for "functions or powers" substitute "works and
undertakings".
(3) Section 61(2) of the Gas Industry Act 1994 is
repealed.
(4) Section 62 of the Gas Industry Act 1994 is
10 repealed.
16. Repeal of Part 6A
Part 6A of the Gas Industry Act 1994 is
repealed.
17. Repeal of Part 6AA
15 Part 6AA of the Gas Industry Act 1994 is
repealed.
18. Repeal of section 62PA
Section 62PA of the Gas Industry Act 1994 is
repealed.
20 19. Repeal of certain provisions of Part 9
Sections 91 and 92 of the Gas Industry Act 1994
are repealed.
20. New section 102 substituted
For section 102 of the Gas Industry Act 1994
25 substitute--
"102. Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter
or thing required or permitted by this Act to
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be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations are subject to disallowance
by a House of the Parliament.".
5 21. New section 105 inserted
After section 104C of the Gas Industry Act 1994
insert--
"105. Savings and transitional provisions
Schedule 5 has effect.".
10 22. Repeal of Part 15
Part 15 of the Gas Industry Act 1994 is
repealed.
23. Repeal of Schedule 1A
Schedule 1A to the Gas Industry Act 1994 is
15 repealed.
24. New Schedule 5 inserted
After Schedule 4 to the Gas Industry Act 1994,
insert--
'SCHEDULE 5
20 SAVINGS AND TRANSITIONAL PROVISIONS
1. Definition
In this Schedule--
"old Act" means the Gas Industry Act 1994.
2. General transitional provisions
25 (1) This Schedule does not affect or take away
from the Interpretation of Legislation Act
1984.
(2) Without limiting sub-clause (1), in declaring
that certain provisions of the Gas Industry
30 Act 2001 are to be treated as re-enacting with
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modifications certain provisions of the old Act,
this Schedule must not be taken to--
(a) limit the operation of any provision of the
Interpretation of Legislation Act 1984
5 relating to the re-enactment; or
(b) be an exhaustive list of the provisions of
the old Act re-enacted by the Gas
Industry Act 2001.
(3) This Schedule applies despite anything to the
10 contrary in any other provision of this Act or
the Gas Industry Act 2001.
3. Re-enacted provisions
A provision of the old Act specified in
Column 1 of the Table is deemed to be
15 re-enacted (with modifications) by the
provision of the Gas Industry Act 2001
appearing opposite in Column 2 of the Table.
TABLE
Old Provision New Provision
section 5C section 15
section 5D section 16
section 6D section 19
section 8A section 17
section 8B section 18
section 16H section 186
section 16HA section 187
Part 2A Division 5 of Part 8
section 32 section 232
section 33 section 233
Part 3A Part 5
section 48AA section 21
section 48B section 22
section 48BA section 23
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Old Provision New Provision
section 48C section 24
section 48D section 25
section 48E section 26
section 48F(1) (2) section 28
and (3)
section 48F(4) section 29
section 48F(5) section 30
section 48F(6) and section 31
(7)
section 48G section 34
section 48FA section 36
section 48GA section 33
section 48GC section 35
section 48H section 38
section 48I section 39
section 48J section 41
section 48K section 40
Division 2A of Division 4 of Part 3
Part 4A
Division 2B of Division 2 of Part 4
Part 4A
Division 3A of Division 5 of Part 3
Part 4A
section 48TA section 200
section 48TB section 201
section 50 section 141
section 51 section 142
section 51B section 144
section 52(2) section 145
section 53 section 148
section 54 section 149
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section 55 section 150
Old Provision New Provision
section 58 section 151
section 59 section 152
section 60A section 146
section 62 section 147
Part 6A Divisions 1 and 2 of
Part 9
Part 6AA Division 3 of Part 9
section 62PA section 53
section 91 section 154
section 92 section 155
Part 15 Part 6
Schedule 1A Schedule
4. Superseded references to old Act
On the commencement of this clause, in any
Act (other than this Act or the Gas Industry
Act 2001), or in any instrument made under
5 any Act or in any other document of any kind a
reference to the old Act--
(a) to the extent that the reference relates to a
provision of the old Act re-enacted in the
Gas Industry Act 2001, is deemed to be
10 a reference to the Gas Industry Act
2001; and
(b) to the extent that the reference relates to
any other provision of the old Act, is
deemed to be a reference to the Gas
15 Industry (Residual Provisions) Act
1994.
5. "Pipeline" under section 3
An Order made under section 3 of the old Act
(definition of "pipeline") as in effect
20 immediately before the commencement of this
clause continues in effect and is deemed to be
an Order under section 9 of the Gas Industry
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Act 2001 for the purposes of that Act and may
be amended, varied or revoked accordingly.
6. "Gaseous fuel" under section 4
An Order made under section 4 of the old Act
5 as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order made
under section 8 of the Gas Industry Act 2001
for the purposes of that Act and may be
10 amended, varied or revoked accordingly.
7. Orders and agreements under section 5
(1) An Order made under section 5(1) of the old
Act as in effect immediately before the
commencement of this clause continues in
15 effect and is deemed to be an Order made
under section 10 of the Gas Industry Act
2001 for the purposes of that Act and may be
amended, varied or revoked accordingly.
(2) An agreement existing under section 5(2) of
20 the old Act as in effect immediately before the
commencement of this clause is deemed to be
an agreement under section 13(1) of the Gas
Industry Act 2001 for the purposes of that
Act.
25 (3) An agreement existing under section 5(2A) of
the old Act as in effect immediately before the
commencement of this clause is deemed to be
an agreement under section 13(2) of the Gas
Industry Act 2001 for the purposes of that
30 Act.
(4) An agreement existing under section 5(3) of
the old Act as in effect immediately before the
commencement of this clause is deemed to be
an agreement under section 14(1) of the Gas
35 Industry Act 2001 for the purposes of that
Act.
(5) An agreement existing under section 5(3A) of
the old Act as in effect immediately before the
commencement of this clause is deemed to be
40 an agreement under section 14(2) of the
Gas Industry Act 2001 for the purposes of
that Act.
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(6) An Order made under section 5(4)(a) of the old
Act as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order made
5 under section 11 of the Gas Industry Act
2001 for the purposes of that Act and may be
amended, varied or revoked accordingly.
(7) An Order made under section 5(4)(b) of the old
Act as in effect immediately before the
10 commencement of this clause continues in
effect and is deemed to be an Order made
under section 12 of the Gas Industry Act
2001 for the purposes of that Act and may be
amended, varied or revoked accordingly.
15 8. VENCorp
(1) The Victorian Energy Networks Corporation
continued under the Gas Industry Act 2001 is
deemed to be the same body as the Victorian
Energy Networks Corporation established
20 under the Gas Industry Act 1994.
(2) Subject to Part 8 of the Gas Industry Act
2001, a director of the board of VENCorp
holding office immediately before the
commencement of this clause continues to hold
25 that office for the same term and on the same
conditions as existed immediately before that
commencement.
9. Authorisation under section 42
An authorisation under section 42 of the old
30 Act as in effect immediately before the
commencement of this clause is deemed to be
an authorisation made under section 80 of the
Gas Industry Act 2001.
10. Orders under section 45G and 45P
35 (1) An Order under section 45G of the old Act as
in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order made
under section 90 of the Gas Industry Act
40 2001 and may be amended or revoked
accordingly.
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(2) An Order under section 45P of the old Act as
in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order made
5 under section 103 of the Gas Industry Act
2001 and may be amended, varied or revoked
accordingly.
11. Tariff Orders
(1) The Victorian Gas Industry Tariff Order
10 published in the Government Gazette on
17 December 1998, as in effect immediately
before the commencement of this clause,
continues in effect and may be amended or
revoked in accordance with section 20 of the
15 Gas Industry Act 2001.
(2) The Wimmera and Colac Gas Supply Tariff
Order published in the Government Gazette on
17 December 1998, as in effect immediately
before the commencement of this clause,
20 continues in effect and may be amended or
revoked in accordance with section 20 of the
Gas Industry Act 2001.
(3) The Order made under section 48AA of the old
Act as in effect immediately before the
25 commencement of this clause continues in
effect and may be amended or revoked in
accordance with section 21 of the Gas
Industry Act 2001.
12. Exemptions under section 48C
30 An Order under section 48C of the old Act as
in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order made
under section 24 of the Gas Industry Act
35 2001.
13. Licences under section 48E
A licence issued under section 48E of the old
Act as in effect immediately before the
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commencement of this clause is deemed to be a
licence issued under section 26 of the Gas
Industry Act 2001.
14. Orders under section 48GC
5 An Order under section 48GC of the old Act as
in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
section 35 of the Gas Industry Act 2001 and
10 may be amended, varied or revoked
accordingly.
15. Orders under sections 48MA and 48MB
(1) An Order under section 48MA of the old Act
as in effect immediately before the
15 commencement of this clause continues in
effect and is deemed to be an Order under
section 42 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
20 (2) An Order under section 48MB of the old Act
as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
section 43 of the Gas Industry Act 2001 and
25 may be amended, varied or revoked
accordingly.
16. Orders under retail gas market rules
(1) An Order under section 48MH of the old Act
as in effect immediately before the
30 commencement of this clause continues in
effect and is deemed to be an Order under
section 61 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
35 (2) Rules approved under section 48ML of the old
Act as in effect immediately before the
commencement of this clause continue in effect
and are deemed to be rules approved under
section 65 of the Gas Industry Act 2001 and
40 may be amended or revoked accordingly.
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(3) An Order under section 48MO of the old Act
as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
5 section 68 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
17. MSO Rules--Order under section 48N
The Order made under section 48N of the old
10 Act on 2 February 1999 as in effect
immediately before the commencement of this
clause continues in effect and may be amended
or revoked in accordance with section 52 of the
Gas Industry Act 2001.
15 18. Order under section 48TA
An Order under section 48TA of the old Act as
in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
20 section 200 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
19. Certificates under Part 15
(1) A certificate of the Treasurer under section 158
25 of the old Act as in effect immediately before
the commencement of this clause continues in
effect and is deemed to be a certificate of ORG
under section 123 of the Gas Industry Act
2001.
30 (2) A certificate of the Treasurer under section 159
of the old Act as in effect immediately before
the commencement of this clause continues in
effect and is deemed to be a certificate of ORG
under section 124 of the Gas Industry Act
35 2001.
20. Regulations
(1) The Gas Industry (Appeal Tribunal)
Regulations 1999 as in effect immediately
before the commencement of this clause
40 continue in effect and are deemed to have been
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made under the Gas Industry Act 2001 and
may be amended or revoked accordingly.
(2) The Gas Industry (Authorisation) Regulations
1999 as in effect immediately before the
5 commencement of this clause continue in effect
and are deemed to have been made under the
Gas Industry Act 2001 and may be amended
or revoked accordingly.
(3) The Gas Industry (MSO Rules) Regulations
10 1999 as in effect immediately before the
commencement of this clause continue in effect
and are deemed to have been made under the
Gas Industry Act 2001 and may be amended
or revoked accordingly.'.
15 _______________
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PART 3--AMENDMENT OF OTHER ACTS
25. Building Act 1993
(1) In section 221ZZV(2) of the Building Act 1993,
for "Gas Industry Act 1994" substitute "Gas
5 Safety Act 1997".
(2) In section 221ZZXB(1)(e) of the Building Act
1993 for "Gas Industry Act 1994" substitute
"Gas Safety Act 1997".
26. Country Fire Authority Act 1958
10 In section 32(2) of the Country Fire Authority
Act 1958, for "Gas Industry Act 1994"
substitute "Gas Industry Act 2001".
27. Dangerous Goods Act 1985
In section 9(ea) of the Dangerous Goods Act
15 1985, for "Gas Industry Act 1994" substitute
"Gas Industry Act 2001".
28. Electricity Industry Act 2000
(1) In section 3 of the Electricity Industry Act
2000--
20 (a) in the definition of "ACCC" after
"Commonwealth" insert "and includes a
member of the Commission or a Division of
the Commission performing functions of the
Commission";
25 (b) in the definition of "VENCorp" for "Part 2A
of the Gas Industry Act 1994" substitute
"Part 8 of the Gas Industry Act 2001".
(2) In section 22 of the Electricity Industry Act
2000 for "incurred in the administration of this
30 Part" substitute "incurred or expected to be
incurred in carrying out its functions under this
Act".
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Act No.
(3) After section 31(10) of the Electricity Industry
Act 2000 insert--
"(11) The Office must ensure that notice of the
approval for the transfer of a licence is
5 published in the Government Gazette as soon
as possible after the decision to approve the
transfer is made.".
(4) In sections 71(5) and 73(2) of the Electricity
Industry Act 2000, after "licensee," insert
10 "determine to".
(5) In sections 72 and 74(1) and (2) of the Electricity
Industry Act 2000 for "declaration" substitute
"determination".
(6) After section 76(4)(b) of the Electricity Industry
15 Act 2000 insert--
"or
(c) a determination under section 71(5) or 73(2)
to revoke a licence--".
(7) After section 95(3) of the Electricity Industry
20 Act 2000 insert--
"(4) The Governor in Council may at any time
revoke a proclamation.".
29. Electricity Safety Act 1998
In section 91(5)(e) of the Electricity Safety Act
25 1998, for "Gas Industry Act 1994" substitute
"Gas Safety Act 1997".
30. Gas Pipelines Access (Victoria) Act 1998
After section 24B(2) of the Gas Pipelines Access
(Victoria) Act 1998 insert--
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"(2A) In addition to sub-sections (1) and (2), the
Governor in Council, by Order published in
the Government Gazette, may provide that
for the purposes of section 24A certain
5 provisions of the old Access Code are to
have effect as if amended as set out in the
Order.
(2B) On the publication of an Order under sub-
section (2A), the old Access Code is deemed
10 to have effect for the purposes of section
24A as if amended as set out in the Order.".
31. Gas Industry (Further Amendment) Act 1997
In the Gas Industry (Further Amendment) Act
1997, section 12 is repealed.
15 32. Gas Industry (Amendment) Act 1998
In the Gas Industry (Amendment) Act 1998,
sections 7, 9 and 13 are repealed.
33. Gas Industry Acts (Amendment) Act 2000
In the Gas Industry Acts (Amendment) Act
20 2000, sections 11 and 14 are repealed.
34. Gas Safety Act 1997
(1) In section 3 of the Gas Safety Act 1997--
(a) in the definition of "apparatus and works",
for "Gas Industry Act 1994" substitute
25 "Gas Industry Act 2001";
(b) in the definition of "construction", for "Gas
Industry Act 1994" substitute "Gas
Industry Act 2001";
(c) in the definition of "distribute", for "Gas
30 Industry Act 1994" substitute "Gas
Industry Act 2001";
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Act No.
(d) in the definition of "distribution pipeline",
for "Gas Industry Act 1994" substitute
"Gas Industry Act 2001";
(e) in the definition of "gas company", for "Gas
5 Industry Act 1994" (wherever occurring)
substitute "Gas Industry Act 2001";
(f) in the definition of "operation", for "Gas
Industry Act 1994" substitute "Gas
Industry Act 2001";
10 (g) in the definition of "pipeline", for "Gas
Industry Act 1994" substitute "Gas
Industry Act 2001";
(h) in the definition of "transmission pipeline",
for "Gas Industry Act 1994" substitute
15 "Gas Industry Act 2001";
(i) in the definition of "transmit", for "Gas
Industry Act 1994" substitute "Gas
Industry Act 2001".
(2) In section 86(1) of the Gas Safety Act 1997, for
20 "Gas Industry Act 1994" substitute "Gas
Industry Act 2001".
(3) In section 86(4) of the Gas Safety Act 1997, for
"Gas Industry Act 1994" (wherever occurring)
substitute "Gas Industry Act 2001".
25 (4) In section 103 of the Gas Safety Act 1997, for
"Gas Industry Act 1994" substitute "Gas
Industry Act 2001".
(5) In section 104 of the Gas Safety Act 1997, for
"Gas Industry Act 1994" substitute "Gas
30 Industry Act 2001".
35. Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989, for clause 56E substitute--
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"56E. Gas Industry Act 2001
Offences under section 186(9) or 210(1) of the
Gas Industry Act 2001 and offences by a body
corporate under section 208(5) of that Act.".
5 36. Melbourne City Link Act 1995
In section 3 of the Melbourne City Link Act
1995--
(a) in the definition of "public authority",
paragraph (c) is repealed;
10 (b) in the definition of "public body", in
paragraph (ba), for "Gas Industry Act
1994" substitute "Gas Industry Act
2001".
37. Office of the Regulator-General Act 1994
15 In section 3 of the Office of the Regulator-
General Act 1994, for sub-section (5)
substitute--
"(5) Sub-section (2) does not apply to the gas
industry or to the Gas Industry Act 2001,
20 except as provided by section 17 of that
Act.".
38. Pipelines Act 1967
In section 17(6) of the Pipelines Act 1967, for
"Gas Industry Act 1994" substitute "Gas
25 Industry Act 2001".
39. State Electricity Commission Act 1958
In section 3(1) of the State Electricity
Commission Act 1958, the definition of "gas
company" is repealed.
30 40. Treasury Corporation of Victoria Act 1992
(1) In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of "public
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authority" omit "a public gas company within the
meaning of the Gas Industry Act 1994,".
(2) In Schedule 1 to the Treasury Corporation of
Victoria Act 1992--
5 (a) in the entry relating to GASCOR, for "Gas
Industry Act 1994" substitute "Gas
Industry (Residual Provisions) Act 1994";
(b) in the entry relating to VENCorp, after
"Electricity Industry Act 2000" insert
10 "and Gas Industry Act 2001".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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