Victorian Consolidated Legislation

ESSENTIAL SERVICES COMMISSION ACT 2001

No. 62 of 2001
Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Order declaring a regulated industry
   5.      Interpretation and application of Act
   6.      Crown to be bound

   PART 2-ESSENTIAL SERVICES COMMISSION

   7.      Essential Services Commission
   8.      Objective of the Commission
   8A.     Matters which the Commission must have regard to
   9.      Commission represents Crown
   10.     Functions of the Commission
           10A, 10B Repealed
   10C.    Commission's functions in relation to renewable energy
   10D.    Commission's functions in relation to energy efficiency
   11.     Powers of the Commission
   12.     Commission not subject to direction or control
   13.     Commission may publish statements and guidelines
   14.     Commission must publish Charter
   15.     Consultation
   16.     Memoranda of Understanding
   17.     Membership of the Commission
   18.     The Chairperson
   19.     Tenure of office of Chairperson
   20.     Acting appointment
   21.     Additional Commissioners
   22.     Tenure of office of additional Commissioners
   23.     Payment of Chairperson and other Commissioners
   24.     Staff
   25.     Consultants
   26.     Delegation
   27.     Declaration of pecuniary interests
   28.     Meetings of the Commission
   29.     Conduct of particular inquiry or determination
   30.     Determinations of the Commission
   31.     Matters to be included in annual report

   PART 3-SPECIFIC POWERS

   32.     Price Regulation
   33.     Price determinations
   34.     Other regulatory powers
   35.     General provisions relating to determinations

   PART 3A-THIRD PARTY ACCESS REGIMES

   35A.    Object of Part
   35B.    Application of Part
   35C.    Pricing principles applying in respect of regulated access prices
   35D.    Time limit for determinations relating to third party
           infrastructure access regimes

   PART 4-COLLECTION AND USE OF INFORMATION

   36.     Application of this Part
   36A.    Commission must have regard to certain matters
   37.     General power to obtain information and documents
   37A.    Provision of information relating to regulated entities
   38.     Restriction on disclosure of confidential information
   39.     Commission must not disclose exempt freedom of information documents

   PART 5-INQUIRIES AND REPORTS

   40.     Inquiry by Commission
   41.     Minister may refer matter for inquiry
   41A.    Minister may limit use of powers under section 37.
   42.     Notice of inquiry
   43.     Conduct of inquiry
   44.     Repealed
   45.     Reports
   46.     Special reports

   PART 6-CODES OF PRACTICE

   47.     Power to make Codes of Practice
   48.     Power to apply, adopt or incorporate
   49.     Regulatory scrutiny of Codes of Practice
   50.     Availability of Codes of Practice
   51.     Tabling and disallowance
   52.     Repealed

   PART 7-GENERAL

   53.     Enforcement orders
   54.     Application to Supreme Court
   54A.    Civil penalty
   55.     Right of appeal
   56.     Appeal panel
   57.     Decision if appeal panel not unanimous
   58.     Disclosure of interests
   59.     Member of appeal panel becomes unavailable
   60.     Personal liability
   61.     Disclosure of information an offence
   62.     Proceedings
   63.     Supreme Court-limitation of jurisdiction
   64.     Service of documents
   65.     Regulations
   66.     Review

   PART 8-TRANSITIONAL

   67.     Repeal of the Office of the Regulator-General Act 1994.
   68.     Commission is successor in law
   69.     Regulator-General

   PARTS 9-15-Repealed

           70-96. Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details