Victorian Consolidated Legislation

ELECTRICITY INDUSTRY ACT 2000

No. 68 of 2000
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Crown to be bound
   5.      Extra-territorial operation
   6.      Construction of Act
   7.      Application of Act to certain distribution, transmission and generation companies
   7A.     Application of the Essential Services Commission Act 2001.
   7AA.    Declaration of classes of customers and retailers

   PART 2-REGULATION OF ELECTRICITY INDUSTRY

           Division 1-Introductory

   8.      Application of Part
   9.      Repealed
   10.     Objectives of the Commission
   11.     Repealed

           Division 2-Price regulation

   12.     Powers in relation to price regulation
   13.     Regulation of tariffs for prescribed customers
   14.     Repealed
   15.     Continuation of charges relating to distribution system
   15A.    New Tariff Order

           Division 2A-Pricing for the facilitation of the development
           of wind energy generation facilities

   15B.    Definitions
   15C.    Relevant augmentations
   15D.    Charging principles applicable to the connection of wind
           energy generation facilities to distribution systems
   15E.    Pricing principles in relation to relevant distribution systems

           Division 3-Licences

   16.     Prohibition
   17.     Exemptions
   18.     Application for licence
   19.     Grant or refusal of application
   20.     Provisions relating to licences
   21.     Specific licence conditions
   22.     Determination of fees and charges
   23.     Condition restricting sale to certain customers
           23A, 23B. Repealed
   24.     Condition restricting generating capacity
   25.     Condition specifying industry codes, standards, rules or guidelines
   26.     Condition relating to customer-related standards, procedures, policies and practices
           26A, 26B. Repealed
   27.     Repealed
   28.     Customer dispute resolution
   29.     Variation or revocation of licence
   30.     Gazettal requirement
   31.     Transfer of licence
   32.     Limitations on application for, or issue, transfer or variation of, licence
   33.     Exceptions from prohibition
   33A.    Ministerial powers in relation to transmission company
           licences

           Division 4-Appointment of administrator

   34.     Appointment of administrator

           Division 5-Terms and conditions of sale and supply of electricity

   35.     Offer to domestic or small business customers (licensee
           standing offers)
   35A.    Licensee standing offer tariffs to be given to Commission
   35B.    Commission must publish on Internet licensee standing offer tariffs
   35C.    Internet publication and bill notification of licensee standing offers
   35D.    Required tariff information and licensee contact information
           to be published in newspaper
   35E.    Order specifying method and variables to be used to determine weighted tariff variation
   36.     Terms and conditions of contracts for sale of electricity to
           certain customers
   36A.    Publication of tariffs, terms and conditions of sale of
           electricity (relevant published offers)
   37.     Deemed contracts with former franchise customers
   38.     Repealed
   39.     Deemed contracts for supply and sale for relevant customers
   39A.    Commission must report to Minister on electricity supply
           offers
   40.     Repealed
   40A.    Deemed distribution contracts
   40B.    Compensation for wrongful disconnection
   40C.    Prohibition on fees for late payment
   40D.    Regulation of exit fees
   40E.    Regulation of pre-payment meters

           Division 5A-Terms and conditions for the purchase of small renewable energy generation electricity

   40F.    Definitions
   40G.    Retailer licence condition relating to purchase of small
           renewable energy generation electricity
   40H.    When do published prices, terms and conditions take effect?
   40I.    Reference of small renewable energy generation electricity prices, terms and conditions to Commission
   40J.    Commission assessment of small renewable energy generation prices, terms or conditions
   40K.    Certain Commission assessment reports to be made publicly available
   40L.    Commission determination of small renewable energy
           generation prices, terms and conditions
   40M.    Ministerial declaration of small renewable energy generation electricity prices, terms or conditions
   40N.    Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers

           Division 5B-Condition relating to greenhouse gas emissions
           and energy efficiency benchmarking information

   40O.    Definitions
   40P.    Meaning of bill benchmarking information
   40Q.    Declaration of residential customers
   40R.    Condition relating to greenhouse gas emissions and energy efficiency benchmarking information
   40S.    Commission guidelines relating to greenhouse gas emissions information condition

           Division 6-Hardship policies

   41.     Definitions
   42.     Objects
   43.     Financial hardship policies
   44.     Commission may develop guidelines
   45.     Commission may approve financial hardship policy
   46.     Minister may approve financial hardship policy
   46A.    Licensee not to disconnect if there is compliance with
           financial hardship policy

           Division 6A-Advanced metering infrastructure

   46B.    Definitions
   46C.    Licence condition requiring compliance with Order
   46D.    Orders in relation to advanced metering infrastructure
   46E.    General powers in relation to Orders

           Division 7-Community services agreements

   47.     Community services
   48.     Transitional provision relating to community services
   49.     Commission may decide certain matters

           Division 8-Supplier of last resort

   49A.    Definitions
   49B.    Meaning of related relevant customer information
   49C.    Relevant customers for the purposes of this Division
   49D.    Licence condition-supplier of last resort
   49E.    Tariffs, terms and conditions for electricity supply following trigger event
   49F.    Variation of tariffs, terms and conditions for electricity supply
           by supplier of last resort
   49G.    Supply of specified relevant customer information after trigger event
   49H.    Compliance with a relevant customer information notice
   49I.    Commission to give specified relevant customer information
           it is given to supplier of last resort
   49J.    Proceedings for contravention of requirement to comply with relevant customer information notice
   49K.    Corporations Act displacement

   PART 3-SEPARATION OF GENERATION TRANSMISSION AND DISTRIBUTION SECTORS

           Division 1-Interpretation

   50.     Definitions
   51.     Relevant interest in a share
   52.     Voting power
   53.     References to Corporations Act
   54.     Unit trusts
   55.     Stock
   56.     Controlling interest in a corporation
   57.     Substantial interest in a corporation
   58.     Entitlement to generating capacity
   59.     Traced interest in generating capacity
   60.     Direct interest in a corporation
   61.     Regulations relating to relevant interests and generating
           capacity
   62.     Certain shareholders agreements to be disregarded
   63.     Certain "see-through" interests to be disregarded
   64.     Effect of certificate under section 62 or 63.

           Division 2-Application of Part

   65.     Application of Part
   66.     Application of Part to partnerships
   67.     Repealed

           Division 3-Separation of generation transmission and
           distribution sectors

   68.     Prohibited interests
   69.     Temporary exemption from prohibition
   70.     Power to require information relating to interests
   71.     Disposal of interest
   72.     Voting rights in respect of certain shares
   73.     Revocation of licence
   74.     Annulment of certain resolutions of licensee
   75.     Making, revocation or variation of determination by the Commission
   76.     Appeal against determination of Commission
   77.     Sale of forfeited shares
   78.     Service

   PART 4-Repealed

           79-84. Repealed

   PART 5-POWERS OF ELECTRICITY CORPORATIONS

   85.     Definitions
   86.     Power to acquire easements with approval of Governor in Council
   87.     Acquisition of land within Latrobe area
   88.     Making of easements in subdivisions
   89.     Certain easements may be used for carriage service
   90.     Easements over lands held by Crown licensees or lessees
   91.     Arrangements for joint use of easements
   92.     Cancellation of easements
   93.     Powers as to works etc.
   93A.    Safety duties in relation to works on or in immediate vicinity
           of rail infrastructure or rolling stock
   93B.    Notification of owners or occupiers of land on which there is
           rail infrastructure or rolling stock
   93C.    Notification of electricity corporations before rail operations carried out
   94.     Rateability of certain property

   PART 6-ELECTRICITY SUPPLY EMERGENCY
   PROVISIONS

           Division 1-Emergency provisions

   95.     Proclamation that this Part applies
   96.     Powers of Minister
   97.     Offences
   98.     Judicial notice
   99.     Immunity from suit

           Division 2-Enforcement

   100.    Powers of entry-enforcement
   101.    Occupier to be given copy of consent
   102.    Search warrant
   103.    Announcement before entry
   104.    Copy of warrant to be given to occupier
   105.    Person authorised by Energy Safe Victoria can bring
           proceedings

           Division 3-Infringement notices

   106.    Definition
   107.    Power to serve a notice
   108.    Repealed
   109.    Infringement penalties
           110-115. Repealed

   PART 7-GENERAL

   116.    Delegation by Minister
   117.    Repealed
   118.    Supreme Court-limitation of jurisdiction
   119.    Regulations
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           SCHEDULE-Easements Set Apart for Electricity Corporations
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details