Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 32

Limitations on application for, or issue, transfer or variation of, licence

32. Limitations on application for, or issue, transfer or variation of,
licence



(1) Subject to section 33, the Commission must not grant an application for
the issue or transfer of a licence to a distribution company to generate
electricity for supply or sale if the distribution company is entitled to
generating capacity within the meaning of Part 3 of more than 200 megawatts.

(2) Subject to section 33, the Commission must not grant an application for
the issue or transfer of a licence to a generation company to distribute or
supply electricity if the generation company is entitled to generating
capacity within the meaning of Part 3 of more than 200 megawatts.

(3) Subject to section 33, the Commission must not grant an application for
the issue or transfer of a licence, and must not vary a licence, if the
Commission is satisfied-

   (a)  that the applicant for the licence or variation, or the transferee,
        proposes to use property and rights acquired from a person (being a
        corporation) who is or has been a licensee within the meaning of
        Part 3 for the purposes of a business proposed to be carried on by the
        applicant under the licence or by the transferee; and

   (b)  that the applicant, or the transferee, or another person, would have
        held a prohibited interest if-

   (i)  the applicant, transferee or other person had acquired all the shares
        in that corporation; and

   (ii) the property and rights acquired had constituted the sole undertaking
        of that corporation.