Victorian Consolidated Legislation

Essential Services Commission Act 2001 - SECT 5

Interpretation and application of Act

5. Interpretation and application of Act



(1) Subject to subsection (2) and sections 33(1) and 34(3), if there is any
inconsistency between this Act and any other Act, the provisions of this Act
prevail.

(2) Subject to subsection (3), if the Commission considers that there is a
conflict between the objectives specified in or under this Act and the
objectives specified in the relevant legislation under which a regulated
industry operates, the Commission must perform its functions and exercise its
powers in such a manner as the Commission considers best achieves the
objectives specified in the relevant legislation.

(3) Subsection (2) does not apply to the Electricity Industry Act 2000 or to
the Gas Industry Act 2001.

(4) Except as otherwise specifically provided, this Act does not apply to or
in respect of an essential service unless the essential service is provided by
a regulated industry.