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ELECTRICITY INDUSTRY ACT 2000 - SECT 46E General powers in relation to Orders

ELECTRICITY INDUSTRY ACT 2000 - SECT 46E

General powers in relation to Orders

    (1)     An Order of the Governor in Council under section 46D may be made so as to apply, adopt or incorporate wholly or partially or as amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

        (a)     as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or

        (b)     as amended from time to time.

    (2)     An Order of the Governor in Council under section 46D may—

        (a)     confer powers and functions on, and leave any matter to be decided by, the Commission; and

        (b)     without limiting paragraph (a), direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in an Order made under section 46D.

S. 46E(2A) inserted by No. 59/2008 s. 18.

    (2A)     The provisions of an Order under section 46D may be of general or limited application and may differ according to differences in time, place and circumstances.

S. 46E(2B) inserted by No. 59/2008 s. 18.

    (2B)     An Order under section 46D may—

        (a)     include saving and transitional provisions; and

        (b)     provide that the Commission is not required to take specified actions or make specified determinations under the Order before the commencement of section 5 of the  National Electricity (Victoria) Amendment Act 2007 .

S. 46E(2C) inserted by No. 46/2014 s. 5.

    (2C)     For the purposes of section 46D(3), an Order of the Governor in Council under section 46D may specify either one or both of the following—

        (a)     a date that is a date before the date on which the Order takes effect;

        (b)     a circumstance that occurs before the Order takes effect.

    (3)     An Order of the Governor in Council under section 46D has effect as from the day specified in the Order for the period specified in the Order.

    (4)     An Order of the Governor in Council under section 46D has effect according to its tenor despite anything to the contrary in any agreement or contract.

Division 7—Community services agreements