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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electricity Industry Acts (Further Amendment) Act
2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO ELECTRICITY INDUSTRY ACT
2000 3
3. Supplier of last resort 3
4. Deemed contracts for supply or sale 4
5. New section 40A inserted 4
40A. Deemed distribution contracts 4
6. Metrology procedures 6
7. Office may determine certain matters 7
8. Controlling and substantial interests 8
9. Prohibited interests 8
10. New sections 79A 79B and 79C inserted 9
79A. Powers of VENCorp to manage electricity demand 9
79B. Cost recovery 9
79C. Relevant legislation 10
PART 3--AMENDMENTS TO ELECTRICITY SAFETY
ACT 1998 11
11. Bushfire mitigation plans 11
12. Submission of combined electricity management schemes 11
ENDNOTES 12
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PARLIAMENT OF VICTORIA
Initiated in Council 3 April 2001
A BILL
to amend the Electricity Industry Act 2000 and the Electricity
Safety Act 1998 and for other purposes.
Electricity Industry Acts (Further
Amendment) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Electricity Industry Act 2000
5 in relation to the regulation of the electricity
industry; and
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(b) to amend the Electricity Safety Act 1998 in
relation to bushfire mitigation and electricity
safety management schemes.
2. Commencement
5 (1) This Act (except sections 5 and 10 ) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to sub-section (3), sections 5 and 10 come
into operation on a day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
2002, it comes into operation on that day.
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PART 2--AMENDMENTS TO ELECTRICITY INDUSTRY
ACT 2000
3. Supplier of last resort
See:
Act No.
68/2000.
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dpc.vic.
gov.au
(1) In section 27(5) of the Electricity Industry Act
5 2000 omit the expression commencing ", and ends
after 3 months" and ending with "first".
(2) After section 27(5) of the Electricity Industry
Act 2000 insert--
"(5A) The obligation of the second licensee
10 referred to in sub-section (5) ends--
(a) 3 months after its commencement; or
(b) when the customer advises the second
licensee that the supply or sale is no
longer required; or
15 (c) when the customer transfers to become
the customer of another licensee; or
(d) when the customer enters into a new
contract with the second licensee for
the supply or sale of electricity--
20 whichever first occurs.".
(3) After section 27(10) of the Electricity Industry
Act 2000 insert--
"(11) Tariffs, terms and conditions approved or
determined by the Office under this section
25 may be varied from time to time.
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(12) This section applies to a variation under sub-
section (11) in the same manner as it applies
to the approval or determination of a tariff,
term or condition.
5 (13) If a variation is approved or determined
under this section, sub-sections (9) and (10)
apply to the tariffs, terms and conditions as
so varied.".
4. Deemed contracts for supply or sale
10 (1) After section 39(2) of the Electricity Industry
Act 2000 insert--
"(3) Sub-section (1) does not apply where the
person referred to in that sub-section
commences to take the supply of electricity
15 by fraudulent or illegal means.".
(2) After section 40(2) of the Electricity Industry
Act 2000 insert--
"(3) Sub-section (1) does not apply where the
person referred to in that sub-section
20 commences to take the supply of electricity
by fraudulent or illegal means.".
5. New section 40A inserted
After section 40 of the Electricity Industry Act
2000 insert--
25 '40A. Deemed distribution contracts
(1) A distribution company may from time to
time, subject to the conditions of its licence,
give notice of terms and conditions applying
in respect of the distribution or supply of
30 electricity by the distribution company to
retail customers or a class of retail
customers.
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(2) The terms and conditions must be approved
by the Office before a notice is given under
sub-section (1).
(3) Unless the Office approves otherwise in a
5 particular case, the terms and conditions
must not be inconsistent with the Electricity
Distribution Code published by the Office in
January 2001 as amended or remade from
time to time.
10 (4) The approved terms and conditions of which
notice is given under this section--
(a) take effect on the day on which they are
published in the Government Gazette;
and
15 (b) are binding on the distribution company
and the retail customers to which they
are expressed to apply.
(5) A distribution company and a retail customer
are deemed to have entered into a contract on
20 the terms and conditions published under
sub-section (4) on a date determined in
accordance with those terms and conditions.
(6) A distribution company may from time to
time vary any terms and conditions of which
25 notice is given under this section.
(7) This section applies to a variation under sub-
section (6) in the same manner as it applies
to the making, approval and notification of
the terms and conditions.
30 (8) A distribution company, subject to the
conditions of its licence, and a retail
customer may by agreement in writing vary
any of the terms and conditions of a deemed
contract under sub-section (5).
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(9) A deemed contract under sub-section (5)
may be terminated in accordance with its
terms and conditions.
(10) Nothing in this section affects any contract
5 existing immediately before the
commencement of section 5 of the
Electricity Industry Acts (Further
Amendment) Act 2001 between a
distribution company and a retail customer.
10 (11) In this section "retail customer" in relation
to a distribution company means a customer
of a retailer to which the distribution
company distributes or supplies electricity.'.
6. Metrology procedures
15 (1) After section 44(1) of the Electricity Industry
Act 2000 insert--
"(1A) An Order may specify, or provide for the
determination of, requirements for the
provision, installation and maintenance of
20 metering installations to be used--
(a) in order to facilitate arrangements
under which a customer of a retailer
may elect to become a customer of
another retailer; or
25 (b) relating to the settlement of the
wholesale electricity market in the case
of customers making such elections.".
(2) In section 44(3) of the Electricity Industry Act
2000 for paragraph (a) substitute--
30 "(a) may authorise the Office or another person
to approve a variation of--
(i) the requirements referred to in sub-
section (1A); or
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(ii) the processes and procedures referred
to in sub-section (2); and".
(3) In section 44 of the Electricity Industry Act
2000 for sub-section (4) substitute--
5 "(4) An Order referred to in sub-section (3) must
provide that the Office or other person--
(a) in approving a variation to a
requirement referred to in sub-section
(1A) must have regard to--
10 (i) the reasonable costs incurred in
complying with the requirement;
and
(ii) the reasonable costs incurred in
complying with the requirement
15 as so varied; and
(b) in approving a variation to a process or
procedure referred to in sub-section (2)
must have regard to--
(i) the reasonable costs incurred in
20 complying with the process or
procedure; and
(ii) the reasonable costs incurred in
complying with the process or
procedure as so varied.".
25 (4) In section 44(5) of the Electricity Industry Act
2000 before "a process" insert "a requirement or".
(5) In section 44(6)(b) of the Electricity Industry
Act 2000 before "the processes" insert "the
requirements referred to in sub-section (1A) or".
30 7. Office may determine certain matters
In section 49(5)(b) of the Electricity Industry
Act 2000 for "section 47" substitute "section
47(1)(a)".
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8. Controlling and substantial interests
In sections 56 and 57 of the Electricity Industry
Act 2000 for "section 61" substitute "sections 62
and 63".
5 9. Prohibited interests
(1) After section 68(8) of the Electricity Industry
Act 2000 insert--
"(8A) A person does not hold a prohibited interest
within the meaning of sub-section (2), (3) or
10 (4) by reason only of holding an interest in a
generation company if--
(a) the Office has determined that it is
satisfied that the generation company
has established, or proposes to
15 establish, a new facility for the
generation of electricity for supply or
sale; and
(b) the Office has issued a licence to the
generation company in respect of the
20 generation of electricity at the new
facility; and
(c) the person has held the interest from the
time that that licence for the new
facility was issued; and
25 (d) the generation company is only
licensed to generate electricity for
supply or sale at--
(i) the new facility; and
(ii) any other facility in respect of
30 which a determination has been
made under paragraph (a).".
(2) In section 68(2) of the Electricity Industry Act
2000 for "sub-section (11)" substitute "sub-
sections (8) and (8A)".
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(3) In section 68(3) of the Electricity Industry Act
2000 for "and (8)" substitute ", (8) and (8A)".
10. New sections 79A 79B and 79C inserted
In Division 1 of Part 4 of the Electricity Industry
5 Act 2000 after section 79 insert--
"79A. Powers of VENCorp to manage electricity
demand
In addition to any other powers under this
Part, VENCorp may, with the approval of the
10 Minister--
(a) facilitate the development of
arrangements relating to the
management of electricity demand; and
(b) enter into agreements and arrangements
15 relating to the development and
implementation of proposals for the
management of electricity demand.
79B. Cost recovery
(1) The Governor in Council may by Order
20 published in the Government Gazette--
(a) empower VENCorp to recover from a
retailer or a person who purchases
electricity directly from the wholesale
electricity market at such time or times
25 as VENCorp determines, such amount
or amounts (if any) as VENCorp
determines to be payable by that
retailer or person in respect of the costs
incurred by VENCorp under section
30 79A or 80 or under any arrangements
or agreements under either of those
sections; and
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(b) require a retailer or a person referred to
in paragraph (a) to pay any amount or
amounts so determined.
(2) An Order under sub-section (1) may provide
5 that VENCorp may make a determination in
respect of costs incurred by VENCorp
before, on or after the date of the
determination.
(3) VENCorp must not make a determination
10 under an Order under sub-section (1) unless
it has first been approved by the Office.
(4) An Order under sub-section (1) may direct
the Office to make a determination under the
Office of the Regulator-General Act 1994
15 in respect of such factors and matters or in
accordance with such procedures, matters or
bases as are specified in the Order, or both.
(5) An Order under sub-section (1) may confer
powers and functions on, and leave any
20 matter to be determined by, the Office.
(6) An Order under sub-section (1) has effect as
from the day specified in the Order for the
period specified in the Order.
(7) An Order under sub-section (1) has effect
25 according to its tenor despite anything to the
contrary in any agreement or contract.
79C. Relevant legislation
This Part is relevant legislation for the
purposes of the Office of the Regulator-
30 General Act 1994.".
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Act No.
PART 3--AMENDMENTS TO ELECTRICITY SAFETY ACT
1998
11. Bushfire mitigation plans
See: For section 83A(1) of the Electricity Safety Act
Act No.
5 1998 substitute--
25/1998.
Reprint No. 2
"(1) An electricity supplier must, before 1 July in
as at
1 January
each year, prepare and submit to the Office
2001.
for approval a plan of the supplier's
LawToday:
www.dms.
proposals for mitigation of bushfire danger
dpc.vic.
10 in relation to--
gov.au
(a) the supplier's electric lines and
electrical installations that are above
the surface of land; and
(b) if the supplier has a distribution area,
15 those private electric lines that are
above the surface of land within its
distribution area, other than any
prescribed parts of those lines.
Penalty: In the case of a natural person,
20 15 penalty units;
In the case of a body corporate,
75 penalty units.".
12. Submission of combined electricity management
schemes
25 In section 107 of the Electricity Safety Act 1998
after sub-section (1) insert--
'(1A) The Office may, in accordance with the
regulations, permit a person ("the scheme
operator") to submit a combined electricity
30 safety management scheme under paragraphs
(a), (b) and (c) of sub-section (1) or any
combination of those paragraphs.'.
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Electricity Industry Acts (Further Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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