ELECTRICITY INDUSTRY ACT 2000

Victorian Consolidated Legislation

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ELECTRICITY INDUSTRY ACT 2000 - NOTES

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

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 7 September 2000
Legislative Council: 25 October 2000
The long title for the Bill for this Act was "to regulate the electricity supply industry and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 7 September 2000
Legislative Council: 25 October 2000
Absolute majorities:
Legislative Assembly: 24 October 2000
Legislative Council: 14 November 2000
The Electricity Industry Act 2000 was assented to on 21 November 2000 and came into operation as follows:
Sections 1 and 2 on 22 November 2000: section 2(1); sections 3-18,
19(1)-(4)(6)-(8), 20-82, 84-119, Schedule on 1 January 2001: section 2(4); section 83 on 1 January 2001: Government Gazette 21 December 2000 page 2980; section 19(5) never proclaimed, repealed by section 4 of Energy Legislation Amendment Act 2007, No. 35/2007.
2. Table of Amendments
This Version incorporates amendments made to the Electricity Industry Act 2000 by Acts and subordinate instruments.
Where a provision has expired, the provision has been omitted and an explanatory sidenote included.
-------------------------------------------------------------
Electricity Industry Acts (Further Amendment) Act 2001, No. 13/2001
Assent Date:
22.5.01
Commencement Date:
Ss 3, 4, 6-9 on 23.5.01: s. 2(1); s. 10 on 28.6.01: Government Gazette 28.6.01 p. 1427; s. 5 on 6.9.01: Government Gazette 6.9.01 p. 2261
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001
Assent Date:
19.6.01
Commencement Date:
S. 28 on 1.9.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 34) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Essential Services Commission Act 2001, No. 62/2001 (as amended by No. 11/2002)
Assent Date:
23.10.01
Commencement Date:
Ss 70-73 on 1.1.02: s. 2
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Miscellaneous Amendments) Act 2001, No. 85/2001
Assent Date:
11.12.01
Commencement Date:
Ss 3, 4, 6, 8 on 12.12.01: s. 2(1); ss 5, 7, 9 on 1.1.02: s. 2(2)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Electricity Industry (Amendment) Act 2002, No. 10/2002
Assent Date:
23.4.02
Commencement Date:
31.7.02: Special Gazette (No. 131) 30.7.02 p. 1
Current State:
All of Act in operation

Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 18) on 21.11.00: s. 2(2)(c)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002
Assent Date:
12.6.02
Commencement Date:
Ss 20, 21 on 13.6.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Fair Trading (Amendment) Act 2003, No. 30/2003
Assent Date:
27.5.03
Commencement Date:
S. 85 on 28.5.03: s. 2(1)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003
Endnotes
Assent Date:
11.6.03
Commencement Date:
Ss 12, 14, 16-22 on 12.6.03: s. 2(1); ss 13, 15 on 1.7.04: s. 2(4)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Fair Trading (Further Amendment) Act 2003, No. 106/2003
Assent Date:
9.12.03
Commencement Date:
S. 22 on 30.8.04: Government Gazette 13.5.04 p. 1218
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Monetary Units Act 2004, No. 10/2004
Assent Date:
11.5.04
Commencement Date:
S. 15(Sch. 1 item 8) on 1.7.04: s. 2(2)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Road Management Act 2004, No. 12/2004
Assent Date:
11.5.04
Commencement Date:
S. 170 on 1.1.05: s. 2(4)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 (as amended by Nos 75/2004, 86/2004 (as amended by No. 39/2005))
Assent Date:
25.5.04
Commencement Date:
Ss 6-9 on 26.5.04: s. 2(1); ss 3-5 on 30.6.05: s. 2(3)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000

Essential Services Commission (Amendment) Act 2004, No. 75/2004
Assent Date:
9.11.04
Commencement Date:
Ss 6-31 on 10.11.04: s. 2
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
State Concessions Act 2004, No. 82/2004
Assent Date:
16.11.04
Commencement Date:
S. 13(Sch. item 3) on 1.3.05: s. 2(2)
Current State:
This information relates only to provision/s amending the Electricity Industry Act 2000
Electricity Industry (Wind Energy Development) Act 2004. No. 86/2004
Assent Date:
23.11.04
Commencement Date:
S. 3 on 24.11.04: s. 2(1); s. 4 on 1.7.05: s. 2(3)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Amendment) Act 2004, No. 91/2004
Assent Date:
7.12.04
Commencement Date:
Ss 3-8, 10-13 on 8.12.04: s. 2(1); s. 9 on 1.3.05: s. 2(2)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
National Electricity (Victoria) Act 2005, No. 8/2005
Assent Date:
27.4.05
Commencement Date:
S. 14 on 1.7.05: Special Gazette (No. 120) 28.6.05 p. 2
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005
Assent Date:
21.6.05
Commencement Date:
S. 4 on 22.6.05: s. 2
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Safe Victoria Act 2005, No. 39/2005
Assent Date:
27.7.05
Commencement Date:
S. 55 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Sustainability Victoria Act 2005, No. 65/2005
Assent Date:
20.9.05
Commencement Date:
S. 26 on 1.10.05: Government Gazette 29.9.05 p. 2171
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000

Rail Safety Act 2006, No. 9/2006
Assent Date:
4.4.06
Commencement Date:
S. 157 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006
Assent Date:
13.6.06
Commencement Date:
Ss 3, 4 on 14.6.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date:
13.6.06
Commencement Date:
S. 94(Sch. item 13) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006
Assent Date:
29.8.06
Commencement Date:
Ss 3, 4 on 30.8.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
Assent Date:
29.8.06
Commencement Date:
S. 61(Sch. item 10) on 30.8.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation Amendment Act 2007, No. 35/2007
Assent Date:
14.8.07
Commencement Date:
Ss 4, 6 on 15.8.07: s. 2(1); ss 3, 5 on 1.1.08: s. 2(3)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation Further Amendment Act 2007, No. 55/2007
Assent Date:
7.11.07
Commencement Date:
Ss 3-13 on 8.11.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy and Resources Legislation Amendment Act 2008, No. 25/2008
Assent Date:
3.6.08
Commencement Date:
S. 19 on 4.6.08: s. 2(1)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008 (as amended by No. 82/2008)
Assent Date:
22.10.08
Commencement Date:
Ss 3-18 on 30.12.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009
Assent Date:
17.6.09
Commencement Date:
Ss 5-15 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1
Current State:
This information relates only to the provision/s amending the Electricity Industry Act 2000
-------------------------------------------------------------
3. Explanatory Details
No entries at date of publication.

INDEX

Subject

Section

ACCC

acquisitions considered by
33, 68
definition
3
Act

application to certain companies
7
commencement
2
construction
6
Crown bound by
4
extraterritorial operation
5
purpose
1
Administrators
21, 34
Advanced metering infrastructure

compliance with orders as condition of licences
46C
definition
46B
Orders
46D-46E
AEMO
3, 16
Commercial Arbitration Act 1984

determination of disputes under
94, 96
Commission See Essential Services Commission

Community services agreements
21, 47-49
See also Financial hardship policies

Compensation
40B, 86-87, 93
Concessions See Community services agreements

Cross-ownership See Interests in shares in licensees

Customer dispute resolution schemes
28
Customers

compensation for wrongful disconnections
40B
deemed contracts with
21, 37, 39, 40A
dispute resolution schemes
28
former franchise customers
37
of another licensee
49D
prescribed customers (def.)
13
regulation of retail tariffs for prescribed customers
13
relevant customers
36, 39, 40B, 49D
retail customers
5, 40A
small business customers
3, 35-35E
small retail customers
3, 36A, 40C-40E
transfer to another retailer
21
See also Domestic customers; Residential customers

Definitions
3, 15B, 35, 35D, 36, 36A, 39, 39A, 40D, 40E, 40F, 40G, 40O, 41, 46B, 49A, 49D, 50, 66, 86, 87, 93C, 94, 97
Disconnections
36, 40B, 45, 46A

Subject

Section

Distribution companies

application of Part 2
8
customer dispute resolution schemes
28
definition
3
price regulation
12, 15, 15A
provision of public lighting
21
tariff orders
15, 15A
transitional pricing provisions
15
unlicensed activities
16
See also Electricity sales and supply;
Interests in shares in licensees;
Licences; Wind energy generation facilities

Domestic customers

community services agreements
47-49
definition
3, 41
financial hardship policies for
41-46A
offers to supply or sell electricity to
35-35E
Easements

arrangements for joint use of
91
cancellation
92
Crown lands held by licensees or lessees
90
definition
86
making of in subdivisions
88, Sch.
power of corporations to acquire
86
use of for carriage service
89
Electricity bills
3, 40C
See also Financial hardship policies

Electricity corporations

definition
85
powers and rights regarding easements
86, 88-92, Sch.
powers and rights regarding works
93-93C
See also Distribution companies;
Electricity sales and supply;
Generation companies; Retailers;
Transmission companies

Electricity market
See Wholesale electricity market

Electricity meters
See Advanced metering infrastructure;
Electricity sales and supply

Electricity sales and supply

application of Fair Trading Act 1999 to contracts, agreements for

35, 36
bill benchmarking information
40O-40R
cooling-off periods
35, 36, 39
customer dispute resolution schemes
28
deemed contracts
21, 37-39, 40A
disconnections
36, 40B, 45, 46A
emergency provisions
95-99
exempted retailers
46B, 46D
exit fees
40D
financial hardship policies as condition of licence
41-46A
Subject

Section

information regarding greenhouse gas emissions
40R, 40S
late payment of electricity bills
40C
pre-payment meter schemes
40E
price regulation
12, 13
relevant licensees (def.)
39, 46B, 46D
reports to Minister on offers
39A
restrictions regarding sales to certain persons
23
suppliers of last resort

Corporations Act not to apply to Division 8 of Part 2

49K
declaration of relevant customers
49C
definitions
49A
information to be given to by Commission
49I
licence conditions, obligations
49D-49F
proceedings
49J
related relevant customer information
49B, 49G
relevant customer information notices
49H
trigger events
49A, 49E
supply and sale contract (def.)
39
termination
40D
terms and conditions
35-39, 40A, 40C-40E
unlicensed activities
16
void terms, conditions in contracts
43, 46A
See also Advanced metering infrastructure;
Customers; Distribution companies;
Domestic customers; Licences; Retailers

Emergency provisions
95-99
Energy Safe Victoria

power to authorise persons to bring proceedings
105
Enforcement officers
3, 100-104, 107
Entry powers
100-104
Essential Services Commission

appeals against determinations of
76
certificates regarding relevant interests
62-64
determinations regarding prohibited interests
70-75
objectives
10
powers regarding

community services agreements
49
customer dispute resolution schemes
28
disconnections
36
disputes between operators of distribution
systems, generators

15D
financial hardship policies
43-45
greenhouse gas emission guidelines
40S
licensee standing offer tariffs
35B, 35C
price regulation
12, 15
publication of terms, conditions of sale
36A
reports on electricity supply offers
39A

Subject

Section

small renewable energy generation electricity
40I-40L
suppliers of last resort
49B, 49D-49G, 49I, 49J
terms of supply to retail customers
40A
See also Interests in shares in licensees; Licences

Essential Services Commission Act 2001

application
7A, 15D, 26, 40D-40E
Financial hardship policies

approval
43, 45-46
approved financial hardship policies (def.)
41
as condition of licences to sell electricity
43
guidelines
44
matters, principles Commission must have regard to
45
matters included in
43, 45
no disconnections if compliance with
46A
objects of Part 2, Division 6
42
Former franchise customers
37
Generation companies

acquisition of land within Latrobe area
87
application of Part 2
8
definition
3
entitlement to generating capacity
58-61
rateability of land used, liability for rates
94
restriction on generating capacity
24, 32
unlicensed activities
16
See also Interests in shares in licensees;
Licences; Wind energy generation facilities

Greenhouse gas emissions
40R, 40S
Immunity
99
Infringements

non-compliance with Ministerial orders
97, 106
notices
107
penalties
109
Interests in shares in licensees

application of Part 3
65
certificates issued by Commission
62-64
construction of references to Corporations Law
53
controlling interests
56, 62-64
definitions
50
direct interests
60
disposal of shares
71
disregard of certain interests
61-63
entitlement to generating capacity
58, 59, 61
forfeiture of shares
71, 77
interpretative provisions
50-64
prohibited interests
32-33, 68-78
relevant interests
51, 61, 62
relevant interests of associates
62

Subject

Section

sale of forfeited shares
77
see through interests
63
stock
55
substantial interests
57, 62-64
traced interests in generating capacity
58, 59
units in unit trusts deemed to be shares
54
voting power
52, 71, 72
voting share (def.)
50
Latrobe area land
87
Licences

activities requiring licence
16
applications
18-19, 31, 32
classes of
18
conditions
20-21, 33A
conditions regarding

agreements between distributors, retailers
21
bill benchmarking information
40R
compensation for wrongful disconnection
40B
compliance with advanced metering infrastructure orders

46C
customer dispute resolution schemes
28
customer-related matters
26, 28
financial hardship policies
43, 46A
generating capacity
24
greenhouse gas emissions
40R
industry codes, rules, standards, guidelines
25
publication of terms, conditions of sale
36A
restricted sales to certain customers
23
sales to domestic or small business customers
35
suppliers of last resort
49D-49G
definition
3
exemptions
17
fees
21, 22
gazettal requirements
30
granting of
19, 30, 32
licensees (def.)
3, 50, 66
limitations on applications for
32
prohibitions regarding generating capacity
24, 32, 33
relevant licensees (def.)
39, 46B, 46D
revocation
21, 29, 30, 33A, 71, 73
transfer
31, 32
variation
21, 29, 30, 32
Licensees
See Distribution companies;
Electricity sales and supply;
Generation companies;
Interests in shares in licensees; Licences;
Transmission companies

Subject

Section

Loy Yang B land
94
Meters
See Advanced metering infrastructure;
Electricity sales and supply

Minister

delegation of functions and powers
116
powers, duties regarding

determination of licence fees and charges
22
emergency powers
96
financial hardship policies
43, 46
relevant augmentations
15C
small renewable energy generation electricity prices, terms and conditions

40I, 40M
transmission company licences
33A
Variation Orders
40E
Municipal rates
94
National Electricity Code (def.)
3
Offences

infringements
106-107, 109
non-compliance with Ministerial directions
97, 106
prescribed offences (def.)
106
proceedings
105
regarding works
93A-93C
Partnerships 20, 66
Price regulation

Commission's powers
12
regarding wind energy generation facilities
15E
tariff orders
13, 15, 15A
transitional provisions
15
Proceedings
105
Prohibited interests

appeals against determinations of Commission
76
Commission's powers and actions regarding
70-75, 77
description
68
exemptions
69
service of notices regarding
78
Public lighting
21
Rail infrastructure

definition
85
works on, in vicinity of
93A-93B
Rail operations and operators

definition
85
notice of electricity corporations
93C
Regulations
119
Renewable energy See Small renewable energy generation electricity; Wind energy generation facilities

Residential customers
40O-40Q

Subject

Section

Retailers

application of Part 2
8
community services provided
21, 47-49
definition
3
specified retailers (def.)
36A
tariff orders
13
transfer of customers
21
See also Advanced metering infrastructure;
Licences

Rolling stock

definition
85
works on, in vicinity of
93A-93B
Sales and supply of electricity
See Electricity sales and supply

Search warrants
102-104
SEC
3, 8
Shares See Interests in shares in licensees

Small business customers
3, 35-35E
Small renewable energy generation electricity

conditions relating to purchase
40G, 40M
definitions
40F, 40G
Ministerial declarations
40M
orders specifying facilities
40F
prices, terms, conditions take effect
40H
publication of prices, terms, conditions on Internet
40N
referral of prices, terms, conditions to Commission
40I-40L
Small retail customers

declarations
7AA
definition
3
exit fees on termination of contracts
40D
pre-payment meter schemes
40E
prohibition on fees for late payment of bills by
40C
publication of terms, conditions of sale to
36A
Supreme Court

limitation of jurisdiction
118
Tariff orders
3, 13, 15, 15A
Trade Practices Act 1974 of the Commonwealth

acquisitions authorised under
33, 68
Transmission companies

application of Part 2
8
definition
3
easements
89
leasing of land by
21
unlicensed activities
16
See also Interests in shares in licensees;
Licences

Unincorporated joint ventures
20, 66
Unit trusts
54

Subject

Section

Wholesale electricity market
3
Wind energy generation facilities
15B-15E
See also Small renewable energy generation electricity

Works
85, 93-93C

Electricity Industry Act 2000
No. 68 of 2000