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ELECTRICITY INDUSTRY ACTS (AMENDMENT) BILL 2000

                 PARLIAMENT OF VICTORIA

  Electricity Industry Acts (Amendment) Act 2000
                                  Act No.


                       TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                           1
  1.     Purpose                                                             1
  2.     Commencement                                                        1

PART 2--ELECTRICITY INDUSTRY ACT 1993                                         3
  3.     Powers of Office                                                     3
  4.     New section 158AA inserted                                           3
         158AA. Regulation of tariffs for prescribed customers                3
  5.     Amendment of section 158A: tariff order                              5
  6.     Amendment of section 158C                                            6
  7.     Provisions relating to licences                                      6
  8.     New section 163AAA substituted                                       9
         163AAA. Supplier of last resort                                      9
  9.     New sections 169A, 169B, 169C and 169D inserted                     12
         169A. Offer to domestic or small business customers                 12
         169B. Terms and conditions of contract for sale of electricity to
                  certain customers                                          14
         169C. Deemed contracts with former franchise customers              15
         169D. Variation of contracts with former franchise customers        16
  10.    New section 169E inserted                                           16
         169E. Metering installation identification                          16
  11.    New section 169F inserted                                           17
         169F. Arrangements facilitating election by customer of supply
                  from another retailer                                      17
  12.    New sections 170A, 170B and 170C inserted                           18
         170A. Community services                                            18
         170B. Transitional provision relating to community services         19
         170C. Office may determine certain matters                          20
  13.    Amendment of section 173                                            21
  14.    Statute law revision                                                21

PART 3--ELECTRICITY SAFETY ACT 1998                                          22
  15.    Definition of tree                                                  22
  16.    Exemptions                                                          22


                                      i
541079B.A1-25/5/2000                                 BILL LA AS SENT 25/5/2000

 


 

Clause Page 17. New section 41B inserted 22 41B. Supervisor deemed to carry out certain work 22 18. Electrical equipment 23 19. New Division 1A inserted in Part 8 23 Division 1A--Bushfire mitigation 23 83A. Bushfire mitigation plans 23 83B. Inspection of private overhead lines 24 20. Electricity safety management schemes 25 21. Regulations 26 22. New section 162A inserted 26 162A. Making of certain statutory rules 26 23. Amendment of Schedule 1 27 24. Statute law revision 27 PART 4--OFFICE OF THE REGULATOR-GENERAL ACT 1994 28 25. Amendment of section 27C 28 26. Amendment of section 29 28 27. New Part 4A inserted 28 PART 4A--SPECIAL REFERENCES 28 34A. Reference by Minister 28 34B. Conduct of investigation 30 34C. Objectives under section 7 etc. not to apply 31 34D. Powers relating to investigations 31 34E. Reports 32 28. Supreme Court--limitation of jurisdiction 33 29. Statute law revision 33 PART 5--NATIONAL ELECTRICITY (VICTORIA) ACT 1997 35 30. New section 8C inserted 35 8C. National Electricity Law may be relevant legislation 35 PART 6--AMENDMENT OF OTHER ACTS 36 31. Electricity Industry (Further Amendment) Act 1994 36 32. Electricity Industry (Further Miscellaneous Amendment) Act 1997 36 NOTES 37 ii 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

s. 2 PARLIAMENT OF VICTORIA Initiated in Assembly 3 May 2000 As amended by Assembly 24 May 2000 A BILL to amend the Electricity Industry Act 1993, the Electricity Safety Act 1998, the Office of the Regulator-General Act 1994, the National Electricity (Victoria) Act 1997 and certain other Acts and for other purposes. Electricity Industry Acts (Amendment) Act 2000 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to make further provision for the regulation of the electricity 5 industry. 2. Commencement 1 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 Act No. (1) Section 11 comes into operation on a day to be proclaimed. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a 5 day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 31 December 2000, it comes into operation on that day. _______________ 10 2 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 3 Act No. PART 2--ELECTRICITY INDUSTRY ACT 1993 3. Powers of Office No. 130/1993. After section 158(1)(b)(iii) of the Electricity Reprint No. 4 Industry Act 1993 insert-- as at 8 June 1999. 5 "(iv) tariffs for the sale of electricity regulated by Order under section 158AA, to the extent specified in such an Order.". 4. New section 158AA inserted After section 158 of the Electricity Industry Act 10 1993 insert-- '158AA. Regulation of tariffs for prescribed customers (1) The Governor in Council may, by Order published in the Government Gazette, 15 regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of electricity to prescribed customers or a class of prescribed customers. 20 (2) Without limiting the generality of sub- section (1), the manner may include-- (a) fixing the tariff or the rate of increase or decrease in a tariff; (b) fixing a maximum tariff or maximum 25 rate of increase or minimum rate of decrease in the maximum tariff; (c) fixing an average tariff or an average rate of increase or decrease in the average tariff; 30 (d) specifying policies or principles for fixing tariffs; 3 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 4 Act No. (e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified 5 factor; (f) specifying a tariff determined by reference to any one or more of the following-- (i) a prescribed customer or a class of 10 prescribed customers; (ii) a person or a class of persons authorised to sell electricity; (iii) the purpose for which the electricity is used; 15 (iv) the quantity of electricity used; (v) the period of use; (vi) the place of supply; (vii) any other specified factor relevant to the sale of electricity. 20 (3) An Order under sub-section (1) may direct the Office to make a determination under the Office of the Regulator-General Act 1994 in respect of such factors and matters or in accordance with such procedures, matters or 25 bases as are specified in the Order, or both. (4) An Order under sub-section (1) has effect as from the date specified in the Order as if the tariffs to which the Order applies were prices determined by the Office. 30 (5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of 4 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 5 Act No. this section, a prescribed customer or class of prescribed customers. (6) In this section-- "prescribed customer" means a person, or 5 a member of a class of persons, to whom an Order under sub-section (5) applies. (7) This section, and any Order made under this section and in force immediately before that 10 date, expire on 31 December 2003.'. 5. Amendment of section 158A: tariff order After section 158A(5) of the Electricity Industry Act 1993 insert-- '(6) In clause 5.9.1 of the Order referred to in 15 sub-section (4), after "(both inclusive)" insert ", except clause 5.7,". (7) If a provision of an Order made under this section, as in force from time to time, ceases to have effect, the remaining provisions of 20 that Order as so in force continue to have effect, subject to that Order and this Act, according to their tenor and so to have effect, subject to that Order and this Act, as if-- (a) references in those provisions to a 25 provision that has ceased to have effect were a reference to that provision as in force immediately before it ceased to have effect; and (b) words and expressions used in those 30 provisions that were defined by the provision that has ceased to have effect continue to have the same respective meanings as before the provision ceased to have effect.'. 5 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 6 Act No. 6. Amendment of section 158C After section 158C(4) of the Electricity Industry Act 1993 insert-- "(4A) The Order in force under section 158A(1) 5 may be amended, on the recommendation of the Minister, by Order of the Governor in Council published in the Government Gazette-- (a) to insert specified metering and data 10 collection and processing services as excluded services for the purposes of clause 5.7; and (b) to make it clear that clause 5.10 does not limit the powers of the Office in 15 respect of charges for services which are excluded services for the purposes of clause 5.7; and (c) in relation to public lighting.". 7. Provisions relating to licences 20 (1) In section 162 of the Electricity Industry Act 1993-- (a) in sub-section (2), paragraph (d) is repealed; (b) sub-section (2AA) is repealed. (2) After section 163(3)(b) of the Electricity 25 Industry Act 1993 insert-- "(ba) requiring a retailer to have such agreements with one or more distribution companies as are necessary to ensure that, subject this Act, electricity is distributed or supplied to the 30 extent necessary to enable the retailer to sell electricity to its customers; 6 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 7 Act No. (bb) requiring a distribution company to have such agreements with retailers as are necessary to ensure that, subject to this Act, electricity is distributed or supplied to the 5 extent necessary to enable the retailers to sell electricity to their customers; (bc) requiring a distribution company-- (i) to prepare standard agreements for the purposes of paragraphs (ba) and (bb); 10 and (ii) to submit those standard agreements to the Office for approval; and (iii) to offer a standard agreement approved by the Office to a retailer for the 15 purposes of paragraphs (ba) and (bb); (bd) subject to section 170A, requiring a retailer to enter into an agreement with the State for the provision of community services;". (3) In section 163(3) of the Electricity Industry Act 20 1993, for paragraph (c) substitute-- "(c) requiring the licensee to observe specified industry codes, standards, rules and guidelines, with such modifications or exemptions as may be determined by the 25 Office;". (4) In section 163(6)(a) and (b) of the Electricity Industry Act 1993, for ", or a document referred to in such a code," substitute ", standards, rules or guidelines, or a document referred to in any of 30 them,". (5) In section 163(7) of the Electricity Industry Act 1993-- 7 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 7 Act No. (a) for "or a document referred to in a code" substitute ", standard, rule or guideline or a document"; (b) for "or that document" substitute 5 ", standard, rule, guideline or document". (6) After section 163(7) of the Electricity Industry Act 1993 insert-- "(8) If a licence is subject to conditions of a kind referred to in sub-section (3)(k)-- 10 (a) the Office must monitor the licensee's compliance with the customer-related standards, procedures, policies and practices developed by the licensee in accordance with the conditions; and 15 (b) if the Office considers that any of the customer-related standards, procedures, policies and practices, or compliance by the licensee with any of them, disadvantages, or may disadvantage, 20 any class of its customers, or all of its customers, the Office may make a determination requiring the licensee to modify or revoke any part of the standards, procedures, policies or 25 practices that causes the disadvantage or possible disadvantage. (9) The Office, in making a determination under sub-section (8)(b), must have regard to the prices, risks and costs associated with or 30 resulting from the modification or revocation which is the subject of the determination. (10) The Office must not make a determination under sub-section (8)(b) unless the Office 8 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 8 Act No. has given the licensee an opportunity to make representations on the matter. (11) Section 27 of the Office of the Regulator- General Act 1994 applies to the making of a 5 determination under sub-section (8).". (7) In section 164 of the Electricity Industry Act 1993, for sub-section (3) substitute-- "(3) The Office may revoke a licence in accordance with the procedures specified in 10 the licence conditions.". 8. New section 163AAA substituted For section 163AAA of the Electricity Industry Act 1993 substitute-- '163AAA. Supplier of last resort 15 (1) Without limiting the generality of section 163, the conditions to which a licence to distribute or supply, or to sell, electricity is subject may include a requirement that, in certain circumstances, 20 the licensee, on terms and conditions approved by the Office, having regard to the matters referred to in sub-section (2), supply or sell electricity to customers to whom electricity is supplied or sold under another 25 such licence (whether held by that licensee or another licensee). (2) In approving the terms and conditions of a requirement referred to in sub-section (1), the Office must have regard to-- 30 (a) the risks and costs associated with the requirement; and (b) the extent to which the licensee or another licensee has developed systems to comply with such a requirement; and 9 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 8 Act No. (c) any terms and conditions proposed by the licensee whether or not at the request of the Office. (3) A requirement referred to in sub-section (1) 5 does not apply so as to require the licensee to supply or sell electricity-- (a) if the licensee's licence provides for a distribution area, outside that area; or (b) to a customer to whom electricity is 10 supplied or sold under another licence if the customer elects, in writing given to the holder of that other licence, not to be a customer of that other licensee for the purposes of sub-section (1). 15 (4) If the conditions to which a licence of a licensee is subject include a requirement referred to in sub-section (1), the licensee is deemed to be the holder of a licence to sell electricity to the extent necessary to comply 20 with the requirement. (5) The obligation of a licensee ("the second licensee") to supply or sell electricity to a customer to whom electricity is supplied or sold by another licensee ("the first licensee") 25 in accordance with the requirement referred to in sub-section (1) commences when-- (a) the first licensee's licence is suspended or revoked; or (b) the right of the first licensee to acquire 30 electricity from the market for wholesale trading in electricity is suspended or terminated-- whichever first occurs, and ends after 3 months or when the customer advises the 35 second licensee in writing that the supply or 10 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 8 Act No. sale is no longer required, whichever occurs first. (6) The Office must notify the second licensee under sub-section (5), as soon as practicable, 5 of the commencement of the second licensee's obligation under that sub-section. (7) The terms and conditions upon which, in the circumstances referred to in sub-section (5), a licensee will supply or sell electricity to 10 customers of another licensee are-- (a) the terms and conditions approved by the Office after proposed terms and conditions have been submitted by the licensee for approval; or 15 (b) if-- (i) the licensee has submitted terms and conditions for approval and any changes proposed by the Office are not adopted by the 20 licensee within one month after being proposed; or (ii) if the licensee, after being given at least one month's notice to submit proposed terms and conditions to 25 the Office, fails to comply with the request-- the terms and conditions determined by the Office as the approved terms and conditions. 30 (8) The licensee or, if the Office determines the terms and conditions, the Office, must cause notice of the approved terms and conditions to be published in the Government Gazette. 11 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 9 Act No. (9) The terms and conditions of which notice has been published in accordance with sub- section (8) are binding on the licensee and the customers to which they apply and, when 5 the licensee is acting in accordance with those terms and conditions, they have effect despite any agreement or instrument to the contrary relating to the distribution or supply, or sale, of electricity to customers. 10 (10) A licensee and a customer to whom the licensee has an obligation under sub-section (5) to supply or sell electricity are deemed to have entered into a contract on the relevant terms and conditions published under sub- 15 section (8).'. 9. New sections 169A, 169B, 169C and 169D inserted After section 169 of the Electricity Industry Act 1993 insert-- '169A. Offer to domestic or small business 20 customers (1) Without limiting the generality of section 163(2), (2A) or (3), the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to 25 domestic or small business customers, is subject, include a condition requiring the licensee to offer to supply and sell electricity to domestic or small business customers, subject to this section and to any Order in 30 force under section 158AA and to the conditions of its licence-- (a) at tariffs determined by the licensee and published by the licensee in the Government Gazette at least 2 months 35 before they take effect; and 12 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 9 Act No. (b) on terms and conditions determined by the licensee and approved by the Office and published by the licensee in the Government Gazette at least 2 months 5 before they take effect. (2) The terms and conditions determined by the licensee for the purposes of sub-section (1) must not be inconsistent with the terms and conditions determined by the Office under 10 section 169B(1). (3) The tariffs determined by a licensee and published in the Government Gazette under sub-section (1) may be varied by notice published by the licensee in the Government 15 Gazette not less than 2 months before the variation is to take effect. (4) The terms and conditions determined by a licensee and published in the Government Gazette under sub-section (1) may, with the 20 approval of the Office, be varied by notice published by the licensee in the Government Gazette not less than 2 months before the variation is to take effect. (5) The Governor in Council may, by Order 25 published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a domestic or small business customer or class of domestic or small 30 business customers. (6) In this section-- "domestic and small business customer" means a person, or a member of a class 13 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 9 Act No. of persons, to whom an Order under sub-section (5) applies. (7) This section expires on 31 December 2003. 169B. Terms and conditions of contract for sale of 5 electricity to certain customers (1) A term or condition in a contract for the supply or sale of electricity by a licensee to a relevant customer must not be inconsistent with-- 10 (a) terms and conditions determined by the Office that-- (i) specify the circumstances in which the supply of electricity to premises may be disconnected; 15 and (ii) require the licensee to provide information specified by the Office about the rights and entitlements of customers; and 20 (iii) specify the circumstances in which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and 25 (iv) make provision for confidentiality of customer information; and (b) any other terms and conditions determined by the Office and provided for in the licence of the licensee. 30 (2) The Governor in Council may, by Order published in the Government Gazette, 14 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 9 Act No. declare that a person or class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers. 5 (3) In this section-- "relevant customer" means a person, or a member of a class of persons, to whom an Order under sub-section (2) applies. (4) This section expires on 31 December 2003. 10 169C. Deemed contracts with former franchise customers (1) If a person-- (a) was a franchise customer immediately before 1 January 2001; and 15 (b) has not entered into a new contract with a licensee which takes effect on or after that date-- there is deemed to be a contract between that person and the licensee of which the person 20 was a customer immediately before that date for the supply and sale of electricity at the tariff determined by the licensee in accordance with any Order in force under section 158AA or, if there is no such Order, 25 at tariffs determined by the licensee and published by the licensee in the Government Gazette at least 2 months before they take effect and otherwise on the terms and conditions applying to that licensee under 30 section 169A until-- (c) the customer revokes the contract; or (d) the customer enters into a new contract for the purchase of electricity from that licensee-- 15 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 10 Act No. whichever first occurs. (2) This section expires on 31 December 2003. 169D. Variation of contracts with former franchise customers 5 A licensee may, subject to any Order in force under section 158AA, vary any tariffs determined by the licensee under section 169C and the terms and conditions of its contracts under section 169C by notice 10 published-- (a) in the Government Gazette; and (b) in a newspaper circulating generally in Victoria-- not less than 2 months before the variations 15 take effect but not so that the terms and conditions, as varied, are inconsistent with the terms and conditions determined by the Office under section 169B(1).". 10. New section 169E inserted 20 Before section 170 of the Electricity Industry Act 1993 insert-- "169E. Metering installation identification The Governor in Council, after consultation with the Office-- 25 (a) may, by Order published in the Government Gazette, make a direction requiring a licensee to assign to each metering installation of a customer to whom it supplies or sells electricity a 30 unique identifying mark in accordance with the requirements specified in the Order; and 16 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 11 Act No. (b) may, by Order published in the Government Gazette, make a direction requiring the licensee, if the licensee is a retailer, to include that mark on each 5 statement of charges for electricity given to a customer in accordance with the requirements so specified.". 11. New section 169F inserted After section 169E of the Electricity Industry 10 Act 1993 insert-- '169F. Arrangements facilitating election by customer of supply from another retailer (1) The Governor in Council, after consultation with the Office, may, by Order published in 15 the Government Gazette, make a direction requiring the release of prescribed information by prescribed persons to other prescribed persons in order to facilitate arrangements under which a customer of the 20 holder of a licence to sell electricity may elect to become a customer of the holder of another such licence. (2) An Order under this section has effect according to its tenor despite anything to the 25 contrary in any agreement or contract. (3) In this section-- "prescribed information" means information, or information of a class, relating to, and identifying, customers 30 of holders of licences to sell electricity, records of the consumption of electricity by such customers and such other information as is reasonably necessary to facilitate the transfer by 17 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 12 Act No. customers who so elect between the holders of such licences; "prescribed person" means-- (a) the holder of a licence to 5 distribute or supply electricity; (b) the holder of a licence to sell electricity; (c) a customer of a licensee referred to in paragraph (a) or (b); 10 (d) NEMMCO; (e) a person nominated in writing to the Office by a person referred to in paragraph (a), (b) or (d) as its agent for the purposes of this 15 section.'. 12. New sections 170A, 170B and 170C inserted After section 170 of the Electricity Industry Act 1993 insert-- "170A. Community services 20 (1) An agreement by a retailer with the State for the provision of community services is an agreement for a term of not less than 5 years for the provision by the retailer of electricity to a class of domestic customers specified by 25 the Secretary to the Department of Human Services-- (a) at such concessional rates and in such manner and at such times as are determined by the Secretary; and 30 (b) on such other terms and conditions as are agreed between the retailer and the 18 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 12 Act No. State or, in default of agreement, as are determined by the Secretary. (2) In determining terms and conditions under sub-section (1)(b), the Secretary must have 5 regard to the risks and costs associated with the obligations imposed on the licensee under the agreement. 170B. Transitional provision relating to community services 10 (1) An agreement to which this section applies that, but for this section, would cease to have effect on 31 December 2000, continues in force until the expiration of the prescribed period or revoked upon the making of a new 15 agreement by the licensee with the State for the provision of community services by way of the provision of electricity to certain customers, whichever first occurs. (2) The prescribed period is the period ending 20 on 31 March 2001 or such other date, not later than 30 June 2001, as is agreed between the retailer and the Secretary to the Department of Human Services. (3) If a new agreement is not made between the 25 retailer and the State before the expiration of the prescribed period, an agreement is deemed to have been entered into on terms and conditions determined by the Secretary in accordance with section 170A. 30 (4) This section applies to an agreement in force before the commencement of section 12 of the Electricity Industry Acts (Amendment) Act 2000 under which the holder of a licence to sell electricity agrees 35 with the State to provide certain community 19 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 12 Act No. services by way of the provision of electricity to customers. 170C. Office may determine certain matters (1) The Office, at the request of the Secretary to 5 the Department of Human Services or a retailer, may-- (a) determine matters referred by the Secretary or retailer for determination for the purposes of making an 10 agreement referred to in section 170A or 170B; or (b) if an agreement referred to in section 170A or 170B has been entered into or deemed to be entered into on terms and 15 conditions determined by the Secretary under section 170A, determine matters relating to those terms and conditions (including the variation of any of those terms and conditions) referred by the 20 Secretary or retailer for determination. (2) A request relating to a term or condition determined by the Secretary under section 170A must be made within one month after notice of the determination is given. 25 (3) A determination by the Office on matters referred under sub-section (1) is binding on the parties to the agreement. (4) If a determination of the Office on matters referred under sub-section (1) varies a term 30 or condition of an agreement, that agreement is deemed to be so varied on that determination being made. (5) The matters which may be referred to the Office under this section do not include-- 20 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 13 Act No. (a) any matters relating to the class of domestic customers specified by the Secretary under section 170A; or (b) any matters determined by the 5 Secretary under section 170A(1)(a).". 13. Amendment of section 173 In section 173(7) of the Electricity Industry Act 1993, for "sub-section (2) or (3)" substitute "sub- section (2), (3) or (4)". 10 14. Statute law revision In the Electricity Industry Act 1993, Division 1 of Part 2 is repealed. _______________ 21 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 15 Act No. PART 3--ELECTRICITY SAFETY ACT 1998 No. 25/1998. 15. Definition of tree Reprint No. 1 as at In section 3 of the Electricity Safety Act 1998 31 December insert-- 1999. 5 ' "tree" includes vegetation;'. 16. Exemptions After section 4(1)(d) of the Electricity Safety Act 1998 insert-- "; or 10 (e) do not have effect in relation to specified electricity suppliers or a class of electricity suppliers or do not have effect to such an extent as is specified.". 17. New section 41B inserted 15 After section 41A of the Electricity Safety Act 1998 insert-- "41B. Supervisor deemed to carry out certain work If, under this Act or the regulations, a 20 licensed electrical installation worker supervises the carrying out of electrical installation work by another person, then, for the purposes of this Division-- (a) the licensed electrical installation 25 worker is deemed to be the person carrying out the work; and (b) the other person is deemed not to have carried out the work.". 22 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 18 Act No. 18. Electrical equipment In the Electricity Safety Act 1998-- (a) in section 54, after "supply" insert "or offer to supply"; 5 (b) in section 57(2), after "supply" insert "or offer to supply"; (c) in section 60(2) after "supply" insert "or offer to supply"; (d) in section 68-- 10 (i) omit "(1)"; (ii) after "supply" insert "or offer to supply"; (iii) sub-section (2) is repealed. 19. New Division 1A inserted in Part 8 15 After section 83 of the Electricity Safety Act 1998 insert-- "Division 1A--Bushfire mitigation 83A. Bushfire mitigation plans (1) An electricity supplier must, before 1 July in 20 each year, prepare and submit to the Office for approval a plan of the supplier's proposals for mitigation of bushfire danger in relation to its electric lines and electrical installations. 25 (2) A plan under sub-section (1)-- (a) must be in or to the effect of a form approved by the Office; and (b) must include the prescribed particulars. 23 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 19 Act No. (3) An electricity supplier must cause a copy of the plan prepared and approved by the Office under this section to be available for inspection at its principal office in the State 5 during ordinary business hours during the year to which the plan relates. 83B. Inspection of private overhead lines (1) An electricity supplier that has a distribution area must cause an inspection to be carried 10 out at such times as are prescribed, and in accordance with the prescribed standards (if any), of private electric lines that are above the surface of land within its distribution area, other than any prescribed parts of those 15 lines. (2) An electricity supplier must give to the occupier of land above which there is a private electric line notice in the prescribed form (if any) during the prescribed period (if 20 any) before an inspection under sub-section (1) is carried out. (3) An electricity supplier may, for the purpose of an inspection under this section, enter onto land at any reasonable time for the 25 purposes of inspecting a private electric line under this section and remain on the land for so long as is necessary to inspect the line. (4) If an inspection carried out under this section reveals that maintenance is required on a 30 private electric line above land, the electricity supplier must give the owner of the land written notice of the maintenance required.". 24 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 20 Act No. 20. Electricity safety management schemes (1) After section 107(1)(b) of the Electricity Safety Act 1998 insert-- '; and 5 (c) may permit a person ("the scheme operator") to submit an electricity safety management scheme in respect of electrical work carried out at specified premises occupied by that person by electrical workers 10 employed or engaged by that person.'. (2) In the Electricity Safety Act 1998-- (a) in section 107(2)(b), after "upstream network" insert "or of the electrical work at premises to which the scheme applies,"; 15 (b) after section 108(2)(b) insert-- "; or (c) whether the proposals for electrical work carried out at premises to which the scheme relates will be fit for the 20 purpose--"; (c) in section 111(1)(a), for "regulations; and" substitute-- "regulations; or (iii) that the scheme is appropriate for the 25 electrical work carried out at the premises to which it applies; and". (3) In section 113(2) of the Electricity Safety Act 1998, for "45(2), 45(3)" substitute "45(1), (2) or (3)". 25 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 21 Act No. (4) After section 113(2) of the Electricity Safety Act 1998 insert-- "(2A) If a scheme submitted under section 107(1)(c) is approved by Order of the 5 Governor in Council under this Division, the Office may exempt a person carrying out a specified class or type of electrical work on the premises to which the scheme applies from compliance with any of the regulations 10 relating to the carrying out of that class or type of work or from compliance with section 44(2), 45(1), (2) or (3) or 45A.". 21. Regulations In the Electricity Safety Act 1998-- 15 (a) in section 149A(g), after "managers" insert "subject to conditions (if any) specified by the Office"; (b) in section 150(h), after "schemes" insert "subject to conditions (if any) specified by 20 the Office"; (c) in section 157(1)(a), after "charges" insert ", including maximum or minimum fees and charges,". 22. New section 162A inserted 25 After section 162 of the Electricity Safety Act 1998 insert-- '162A. Making of certain statutory rules (1) A notice advising of the decision to make a proposed statutory rule referred to in sub- 30 section (2) is deemed to have been published in the Government Gazette as soon as practicable after the decision was made and to have been so published before the proposed statutory rule was made. 26 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 23 Act No. (2) In sub-section (1), "proposed statutory rule" means any of the following proposed statutory rules that were made on 14 December 1999 as-- 5 (a) the Electricity Safety (Management) Regulations 1999; (b) the Electricity Safety (Network Assets) Regulations 1999; (c) the Electricity Safety (Electric Line 10 Clearance) Regulations 1999.'. 23. Amendment of Schedule 1 In Schedule 1 to the Electricity Safety Act 1998-- (a) in clause 6(1), after "panel of 3" insert "or 15 more"; (b) in clause 7(3), paragraph (b) is repealed. 24. Statute law revision In the Electricity Safety Act 1998-- (a) after section 45(4)(b) insert "and"; 20 (b) in section 46(1)(a)(ii), after "carried" insert "out"; (c) in section 55(a), before "Office" insert "the"; (d) in section 65(2), for "period the specified" substitute "period specified"; 25 (e) in section 87(1), for "a Electric" substitute "an Electric"; (f) in section 87(8), after "Electric Line Clearance" insert "Consultative". _______________ 30 27 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 25 Act No. PART 4--OFFICE OF THE REGULATOR-GENERAL ACT 1994 No. 42/1994. 25. Amendment of section 27C Reprint No. 3 In section 27C of the Office of the Regulator- as at 24 August 5 General Act 1994-- 1999. (a) in sub-section (1) for "or 32" substitute ", 32 or 34D"; (b) in sub-section (2)(c) for sub-paragraph (iii) substitute-- 10 "(iii) setting out a copy of this section and section 27D, and as the case requires, section 33 or section 34E; and"; (c) in sub-section (3)(b) after "inquiry" insert "or investigation"; 15 (d) in sub-section (3)(c) after "33(1A)" insert "or 34E(2)". 26. Amendment of section 29 In section 29(1) of the Office of the Regulator- General Act 1994, after "refers to the Office" 20 insert "under this Part". 27. New Part 4A inserted After Part 4 of the Office of the Regulator- General Act 1994 insert-- "PART 4A--SPECIAL REFERENCES 25 34A. Reference by Minister (1) The Office must conduct an investigation into any matter relating to a regulated industry which the Minister or the Minister administering the Electricity Industry Act 28 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 27 Act No. 1993 by written notice refers to the Office under this Part. (2) The written notice must specify the terms of reference for the investigation. 5 (3) The Minister-- (a) may specify a period within which a report is to be submitted to the Minister; (b) may require the Office to make a draft 10 report publicly available or available to specified persons or bodies during the investigation; (c) may require the Office to consider specified matters; 15 (d) may give the Office specific directions in respect of the conduct of the investigation; (e) may specify objectives that the Office is to have in performing its functions 20 and exercising its powers in relation to the investigation. (4) If the Minister has referred a matter to the Office for investigation, the Minister may, by written notice given to the Office, 25 withdraw or amend the reference at any time before the Minister has received the report from the Office. (5) The Minister must cause a notice given to the Office under this section to be published 30 in the Government Gazette. 29 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 27 Act No. 34B. Conduct of investigation (1) Subject to this Act and any directions under section 34A(3)(d), the Office may conduct an investigation under this Part in such a 5 manner as it considers appropriate. (2) In conducting an investigation, the Office is not bound by rules or practices as to evidence but may inform itself in relation to any matter in such manner as the Office 10 considers appropriate. (3) The Office may receive written submissions or statements. (4) If the Office holds a public hearing-- (a) the Office has a discretion as to 15 whether any person may appear before the Office in person or be represented by another person; (b) the Office may determine that the hearing, or part of the hearing, be held 20 in private if it is satisfied that-- (i) it would be in the public interest; or (ii) the evidence is of a confidential or commercially sensitive nature. 25 (5) In conducting an investigation, the Office-- (a) may consult with any person that it considers appropriate; (b) may hold public seminars and hold workshops; 30 (c) may establish working groups and task forces. 30 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 27 Act No. 34C. Objectives under section 7 etc. not to apply Except to the extent (if any) that the Minister otherwise determines, the objectives of the Office under this or any other Act do not 5 apply to the functions and powers of the Office under this Part. 34D. Powers relating to investigations (1) The Office may serve upon any person a summons-- 10 (a) to provide specified information; (b) to produce specified documents; (c) to appear before the Office to give evidence. (2) The Office may make an order for the 15 manner of service, including substituted service, of a summons under sub-section (1). (3) A person must not, without lawful excuse, disobey a summons of the Office. Penalty: 100 penalty units or imprisonment 20 for 2 years. (4) It is a lawful excuse for the purposes of sub- section (3) that compliance may tend to incriminate the person or make the person liable to a penalty for any other offence. 25 (5) A person must not give information to the Office that he or she knows is false or misleading. Penalty: 100 penalty units or imprisonment for 2 years. 30 (6) A person must not-- (a) threaten, intimidate or coerce another person; or 31 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 27 Act No. (b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage-- 5 because that other person assisted, or intends to assist, any investigation conducted by the Office. Penalty: 100 penalty units or imprisonment for 2 years. 10 (7) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because of the making in good faith of a statement, or the giving in good faith of a document or 15 information to the Office in connection with an investigation under this Part, whether or not the statement is made, or the document or information is given, in connection with a written submission or a public hearing. 20 34E. Reports (1) The Office must submit a copy of its report on an investigation to the Minister. (2) If, in the opinion of the Office, a report will contain confidential or commercially 25 sensitive information, the Office must divide the report into-- (a) a document containing the confidential or commercially sensitive information; and 30 (b) a document containing the rest of the report. (3) Any information that the Office may disclose under section 27C is not confidential or commercially sensitive for the purposes of 35 sub-section (2) unless an appeal panel states 32 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 28 Act No. that it is imposing a restriction under section 27D(6)(b). (4) If the Office submits a final report to the Minister in the form required by sub-section 5 (2), a reference to the final report in sub- sections (5), (6) and (7) is to be read as a reference to the document described in sub- section (2)(b). (5) The Minister must cause a copy of the final 10 report to be laid before each House of the Parliament within 7 sitting days of the House after receiving the final report. (6) The Minister must, after the final report has been laid before each House of the 15 Parliament, or if the Parliament is not sitting, within 30 days after receiving a final report, ensure that a copy of the final report is available for public inspection. (7) After the Minister has made a final report 20 publicly available, the Office must ensure that copies are available for purchase by members of the public. (8) This Part expires on 31 December 2003.". 28. Supreme Court--limitation of jurisdiction 25 At the end of section 41 of the Office of the Regulator-General Act 1994 insert-- "(2) It is the intention of section 34D(7) to alter or vary section 85 of the Constitution Act 1975.". 30 29. Statute law revision In the Office of the Regulator-General Act 1994-- (a) in section 27B(5)(b), for "regarded" substitute "regard"; 33 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 29 Act No. (b) in section 43, sub-section (3) is repealed. _______________ 34 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 30 Act No. PART 5--NATIONAL ELECTRICITY (VICTORIA) ACT 1997 No. 29/1997 30. New section 8C inserted as amended by After section 8B of the National Electricity No. 55/1997. (Victoria) Act 1997 insert-- 5 "8C. National Electricity Law may be relevant legislation If there is in force an Order made by the Governor in Council and published in the Government Gazette declaring the provisions 10 of the National Electricity (Victoria) Law or of the Code within the meaning of that Law, or specified provisions of that Law or Code, to be relevant legislation for the purposes of section 8 of the Office of the Regulator- 15 General Act 1994, then, for those purposes-- (a) those provisions are relevant legislation; and (b) the electricity industry is a regulated 20 industry.". _______________ 35 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 s. 31 Act No. PART 6--AMENDMENT OF OTHER ACTS 31. Electricity Industry (Further Amendment) Act 1994 No. 110/1994 In section 4 of the Electricity Industry (Further as amended Amendment) Act 1994, sub-sections (3) and (4) by Nos 56/1995 and 5 are repealed. 10/1998. 32. Electricity Industry (Further Miscellaneous Amendment) Act 1997 No. 55/1997. In section 8 of the Electricity Industry (Further Miscellaneous Amendment) Act 1997, 10 paragraph (a) is repealed. 36 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

Electricity Industry Acts (Amendment) Act 2000 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 37 541079B.A1-25/5/2000 BILL LA AS SENT 25/5/2000

 


 

 


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