ELECTRICITY INDUSTRY ACT 2000
ELECTRICITY INDUSTRY ACT 2000
TABLE OF PROVISIONS 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 10. Objectives of the Commission Division 2--Price regulation 12. Powers in relation to price regulation 13. Regulation of tariffs for prescribed customers 15. Continuation of charges relating to distribution system 15A. New Tariff Order Division 2A--Pricing for the facilitation of the development of generation facilities 15B. Definitions 15C. Relevant augmentations 15D. Charging principles applicable to the connection of 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. Condition to give information to Commission 23B. Condition relating to advertising of enforcement action taken against licensee 23C. Condition relating to renewable energy customers 25. Condition specifying industry codes, standards, rules or guidelines 26. Condition relating to customer-related standards, procedures, policies and practices 28. Customer dispute resolution 29. Variation or revocation of licence 29A. Variation to licence condition—contravention of licence or Code of Practice 30. Gazettal requirement 31. Transfer of licence 33A. Ministerial powers in relation to transmission company licences 33AB. Ministerial licence conditions 33AC. Contents of Ministerial licence conditions 33AD. Consultation with Ministers 33AE. Consultation with affected licensees in certain cases 33AF. Notification of the Commission 33AG. No consultation for proposed Order in certain cases 33AH. Minister to notify Commission of making of Order under section 33AB(1) 33AI. Licences are taken to be subject to Ministerial licence conditions 33AJ. Inconsistency between Ministerial licence conditions and Commission licence conditions Division 3A--Register of Exempt Persons 33B. Definitions 33C. Register of Exempt Persons 33D. Application for registration in Register of Exempt Persons 33E. Registration 33F. Public availability of Register of Exempt Persons Division 4--Appointment of administrator 34. Appointment of administrator 34A. Corporations Act displacement Division 5--Terms and conditionsof 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 and Government Gazette 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 39. Deemed contracts for supply and sale for relevant customers 39A. Commission must report to Minister on electricity supply offers 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 40EA. Prohibition on save and win-back offers 40EB. Prohibition relating to door-to-door sales and cold-calling Division 5A--Terms and conditionsfor the purchase of small renewable energy generation electricity 40F. Definitions 40FA. Meaning of premium solar feed-in tariff terms and conditions 40FAB. Meaning of transitional feed-in scheme tariff terms and conditions 40FB. Meaning of general renewable energy feed-in terms and conditions 40FBA. Rates for purchases of small renewable energy generation electricity 40FBB. Commission to determine one or more rates for purchases of small renewable energy generation electricity 40FC. Meaning of premium solar feed-in tariff period 40FCA. Meaning of TFiT scheme period 40FD. Application of premium solar feed-in tariff and TFiT scheme terms and conditions obligations 40FE. Minister may declare the declared scheme capacity day 40FEA. Minister may declare TFiT scheme end day 40FF. Relevant licensee condition relating to premium solar feed-in tariff and TFiT scheme tariff 40FG. Small retail licensees may offer to purchase qualifying solar energy generation electricity or TFiT scheme electricity 40FH. Distribution company licences to require credits for qualifying solar energy generation electricity and TFiT scheme electricity 40FI. Pass through of costs associated with credits for qualifying solar energy generation electricity 40FJ. Distribution companies to report annually on connected qualifying solar energy generating facilities 40G. Retailer licence condition relating to purchase of small renewable energy generation electricity 40GA. Unilateral variation of general renewable energy feed-in terms and conditions prohibited 40H. When do published feed-in offers take effect? 40I. Reference of small renewable energy generation electricity feed‑in offers to Commission 40J. Commission assessment of small renewable energy generation feed-in 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. Declaration of small renewable energy generation electricity general feed-in terms and conditions 40MAA. Relevant licensee must input declared general feed-in terms and conditions into Minister nominated Internet site 40MA. Declaration of qualifying solar energy generation electricity premium solar feed‑in terms and conditions 40MAB. Declaration of TFiT scheme terms and conditions 40MB. When do declared ESC recommended feed-in terms or conditions take effect? 40MC. When do declared ESC determined feed‑in terms or conditions take effect? 40MD. Licence condition applying to relevant licensee named in Ministerial declaration 40ME. Licence condition applying to small retail licensee named in Ministerial declaration 40N. Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers 40NA. Retailer Internet site must be up to date for premium solar feed-in tariff offers 40NB. Retailer Internet site must be up to date for transitional feed‑in tariff offers 40NC. Retailer reporting in relation to general feed-in tariff scheme Division 5B--Condition relating to greenhouse gas emissions andenergy 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 5C--Disconnection of supply of electricity 40SA. Definitions 40SB. Meaning of relevant customer 40SC. Objects 40SD. Knowingly or recklessly disconnecting supply of electricity at premises 40SE. Disconnection of supply of electricity at premises 40SF. Knowingly or recklessly disconnecting supply of electricity at premises of life support customer 40SG. Life support customers and residents—retailer obligations when advised by relevant customer 40SH. Life support customers and residents—retailer obligations when advised by distribution company or gas distribution company 40SI. Life support customers and residents—retailer obligations when advised by exempt electricity sellers 40SJ. Life support customers and residents—exempt electricity seller obligations when advised by relevant customer 40SK. Life support customers and residents—exempt electricity seller obligations when advised by exempt distributor 40SL. Supply of electricity may be disconnected by agreement or on notice from relevant customer 40SM. Supply of electricity may be disconnected for non‑payment of bill or failure to comply with terms of relevant assistance 40SN. Supply of electricity may be disconnected for failure to pay security deposit 40SO. Supply of electricity may be disconnected for refusal to provide acceptable identification 40SP. Supply of electricity may be disconnected if access to meter denied 40SQ. Supply of electricity may be disconnected if there is taking of electricity without notification by customer 40SR. Supply of electricity may be disconnected in the prescribed circumstances 40SS. Restrictions on retailer or exempt electricity seller disconnecting supply of electricity 40ST. Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—retailers 40SU. Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—exempt electricity sellers 40SV. Register of life support customers and residents 40SW. Alternative verdict for charge of knowingly or recklessly disconnecting supply of electricity at premises Division 6--Hardship policies 41. Definitions 42. Objects 43. Financial hardship policies 43A. Review of financial hardship policy at the direction of Commission 43B. Licensee may submit variation to, or replacement of, financial hardship policy for approval 43C. Content of financial hardship policies 44. Commission may develop guidelines 45. Commission approval Division 6A--Advanced metering infrastructure 46B. Definitions 46C. Licence condition requiring compliance with Order 46CA. Exempt seller condition requiring compliance with Order 46D. Orders in relation to advanced metering infrastructure 46DA. Interrelationship of Orders and other provisions relating to tariffs 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 Division 9--Trial waivers 51. Definitions 52. Innovative trial principles 53. Order in Council in relation to trial waivers 54. Trial waiver 55. Conditions of trial waiver 56. Consultation on trial waiver 57. Publication of trial waiver 58. Duration of trial waiver 59. Extension of trial waiver 60. Variation of trial waiver, or conditions of trial waiver, by Commission 61. Variation of trial waiver, or conditions of trial waiver, by agreement 62. Revocation of trial waiver 62A. Compliance with conditions of trial waiver 63. Preparation and issue of trial project guidelines 64. Amendment of trial project guidelines 65. Consideration of AER trial project guidelines 66. Information disclosure 67. Register of trial waivers 68. Trial waiver not personal property PART 4--PROTECTION OF CRITICAL ELECTRICITY INFRASTRUCTURE 79. Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited 80. Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles 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 railway 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 99A. Corporations Act displacement 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 109. Infringement penalties PART 6A--COMPLIANCE AND ENFORCEMENT REPORTING 109A. Compliance and enforcement report—retailers 109B. Performance indicators for compliance and enforcement reports 109C. Reporting of systemic issues referred to Commission PART 6AB--ELECTRICITY OUTAGE EMERGENCY DIRECTIONS 109D. Definitions 109E. Power to give emergency direction 109F. Matters to be considered and things to be done before the giving of emergency direction 109G. Period of effect of emergency direction 109H. Extension of effect of emergency direction 109I. Compliance with emergency direction 109J. Direction of Minister under section 96 prevails over emergency direction 109K. Register of emergency directions 109L. Disclosure of information related to affected customers to certain public sector entities 109M. Delegation PART 7--GENERAL Division 1--General enforcement 116AA. Offence to give false or misleading information or documents 116AAB. Monetary benefits orders 116AAC. Determining amount to be paid under monetary benefits order 116AAD. Recovery of amounts ordered to be paid 116AAE. Adverse publicity orders Division 2--Miscellaneous 116. Delegation by Minister 118. Supreme Court—limitation of jurisdiction 119. Regulations PART 8--SAVINGS AND TRANSITIONALS 120. Transitional provision—Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013 121. Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017 122. Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 SCHEDULE ENDNOTES