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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
National Electricity (Victoria) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
3. Definitions 2
4. Crown to be bound 3
5. Extra-territorial operation 3
PART 2--NATIONAL ELECTRICITY (VICTORIA) LAW AND
NATIONAL ELECTRICITY (VICTORIA) REGULATIONS 4
6. Application in Victoria of the National Electricity Law 4
7. Application of Regulations under National Electricity Law 4
8. Interpretation of some expressions in the National Electricity
(Victoria) Law and the National Electricity (Victoria)
Regulations 4
PART 3--INTERPRETATION OF LEGISLATION ACT 1984 6
9. Amendment of section 32 6
10. New section 38AB inserted 6
38AB. References to National Electricity Law 6
NOTES 7
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PARLIAMENT OF VICTORIA
A BILL
to make provision for the operation of a national electricity market
and for other purposes.
National Electricity (Victoria) Act 1997
Preamble
A National Grid Management Council was formed
following decisions of Special Premiers'
Conferences in October 1990 and July 1991.
The National Grid Management Council has
developed plans for a co-ordinated electricity
market spanning the eastern states, South Australia
and the Australian Capital Territory.
The Council of Australian Governments agreed in
February 1994 to recommendations for regulatory
arrangements for the national electricity market
consistent with reforms of competition policy.
The regulatory arrangements include regulation of
certain elements of the operation of the market by
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National Electricity (Victoria) Act 1997
s. 1
Act No.
way of a code of conduct that is subject to
authorisation under the Trade Practices Act 1974
of the Commonwealth.
The States of New South Wales, Victoria,
Queensland and South Australia and the Australian
Capital Territory have agreed to the enactment of
legislation in the several jurisdictions for the
implementation of the regulatory arrangements.
The Parliament of Victoria therefore enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make provision in
relation to the national electricity market.
5 2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
10 3. Definitions
(1) In this Act--
"National Electricity (Victoria) Law" means the
provisions applying because of section 6 of
this Act;
15 "National Electricity (Victoria) Regulations"
means the provisions applying because of
section 7 of this Act;
(2) Words and expressions used in the National
Electricity (Victoria) Law and in this Act have the
20 same respective meanings in this Act as they have
in that Law.
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National Electricity (Victoria) Act 1997
s. 4
Act No.
(3) Sub-section (2) does not apply to the extent that
the context or subject matter otherwise indicates
or requires.
4. Crown to be bound
5 This Act, the National Electricity (Victoria) Law
and the National Electricity (Victoria) Regulations
bind the Crown, not only in right of Victoria but
also, so far as the legislative power of the
Parliament permits, the Crown in all its other
10 capacities.
5. Extra-territorial operation
It is the intention of the Parliament that the
operation of this Act, the National Electricity
(Victoria) Law and the National Electricity
15 (Victoria) Regulations should, so far as possible,
include operation in relation to the following--
(a) land situated outside Victoria, whether in or
outside Australia;
(b) things situated outside Victoria, whether in
20 or outside Australia;
(c) acts, transactions and matters done, entered
into or occurring outside Victoria, whether in
or outside Australia;
(d) things, acts, transactions and matters,
25 (wherever situated, done, entered into or
occurring) that would, apart from this Act,
be governed or otherwise affected by the law
of the Commonwealth, another State, a
Territory or a foreign country.
30 _______________
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National Electricity (Victoria) Act 1997
s. 6
Act No.
PART 2--NATIONAL ELECTRICITY (VICTORIA) LAW AND
NATIONAL ELECTRICITY (VICTORIA) REGULATIONS
6. Application in Victoria of the National Electricity
Law
5 The National Electricity Law set out in the
Schedule to the National Electricity (South
Australia) Act 1996 of South Australia, as in force
for the time being--
(a) applies as a law of Victoria; and
10 (b) as so applying may be referred to as the
National Electricity (Victoria) Law.
7. Application of Regulations under National Electricity
Law
The Regulations in force for the time being under
15 Part 4 of the National Electricity (South Australia)
Act 1996 of South Australia--
(a) apply as Regulations in force for the
purposes of the National Electricity
(Victoria) Law; and
20 (b) as so applying may be referred to as the
National Electricity (Victoria) Regulations.
8. Interpretation of some expressions in the National
Electricity (Victoria) Law and the National Electricity
(Victoria) Regulations
25 (1) In the National Electricity (Victoria) Law and the
National Electricity (Victoria) Regulations--
"Legislature of this jurisdiction" means the
Parliament of Victoria;
"Supreme Court" means the Supreme Court of
30 Victoria;
"the jurisdiction" or "this jurisdiction" means
the State of Victoria;
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National Electricity (Victoria) Act 1997
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Act No.
"the National Electricity Law" or "this Law"
means the National Electricity (Victoria)
Law.
(2) The Acts Interpretation Act 1915, and other Acts,
5 of South Australia do not apply to--
(a) the National Electricity Law set out in the
Schedule to the National Electricity (South
Australia) Act 1996 of South Australia in its
application as a law of Victoria; or
10 (b) the regulations in force for the time being
under Part 4 of the National Electricity
(South Australia) Act 1996 of South
Australia in their application as Regulations
in force for the purposes of the National
15 Electricity (Victoria) Law.
_______________
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National Electricity (Victoria) Act 1997
s. 9
Act No.
PART 3--INTERPRETATION OF LEGISLATION ACT 1984
9. Amendment of section 32
After section 32(1)(h) of the Interpretation of
Legislation Act 1984 insert--
5 "(ha) the National Electricity (Victoria) Law;".
10. New section 38AB inserted
After section 38A of the Interpretation of
Legislation Act 1984 insert--
'38AB. References to National Electricity Law
10 In an Act or subordinate instrument--
"National Electricity (Victoria) Law"
means the provisions applying because
of section 6 of the National Electricity
(Victoria) Act 1997;
15 "National Electricity (Victoria)
Regulations" means the provisions
applying because of section 7 of the
National Electricity (Victoria) Act
1997.'.
20
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National Electricity (Victoria) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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