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This is a Bill, not an Act. For current law, see the Acts databases.


ELECTRICITY INDUSTRY AMENDMENT (CRITICAL INFRASTRUCTURE) BILL 2009

                 PARLIAMENT OF VICTORIA

         Electricity Industry Amendment (Critical
                  Infrastructure) Bill 2009



                       TABLE OF PROVISIONS
Clause                                                                   Page
  1      Purpose                                                            1
  2      Commencement                                                       2
  3      Principal Act                                                      2
  4      New definitions inserted                                           2
  5      New Part 4 inserted                                                3
         PART 4--PROTECTION OF CRITICAL ELECTRICITY
         INFRASTRUCTURE                                                     3
         79      Being on premises or land or in enclosure where there
                 is critical electricity infrastructure prohibited          3
         80      Unauthorised interference with critical electricity
                 infrastructure plant or equipment or vehicles              4
  6      Repeal of Act                                                      5
                              

ENDNOTES                                                                    6




561445B.I-13/10/2009                  i     BILL LA INTRODUCTION 13/10/2009

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Electricity Industry Amendment (Critical Infrastructure) Bill 2009 A Bill for an Act to amend the Electricity Industry Act 2000 to provide for the protection of critical electricity infrastructure and critical electricity infrastructure plant or equipment or related vehicles and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Electricity Industry Act 2000 to create new offences in relation to-- 5 (a) without authority, being on land or premises on which, or in enclosures in which, critical electricity infrastructure is situated; and (b) damaging, interfering or tampering with or attaching things to critical electricity 10 infrastructure plant or equipment or certain related vehicles without authority. 561445B.I-13/10/2009 1 BILL LA INTRODUCTION 13/10/2009

 


 

Electricity Industry Amendment (Critical Infrastructure) Bill 2009 s. 2 2 Commencement This Act comes into operation on the day after the day on which this Act receives the Royal Assent. 3 Principal Act 5 See: In this Act the Electricity Industry Act 2000 is Act No. 68/2000. called the Principal Act. Reprint No. 5 as at 1 July 2009 and amending Act No. 41/2009. LawToday: www. legislation. vic.gov.au 4 New definitions inserted In section 3 of the Principal Act insert the following definitions-- 10 "critical electricity infrastructure means-- (a) a critical generation facility; or (b) a related coal mine; or (c) a substation, terminal station or distribution system or transmission 15 system switchyard; Note Electricity is converted, transformed and controlled at a substation, terminal station, or distribution system or transmission system 20 switchyard. 561445B.I-13/10/2009 2 BILL LA INTRODUCTION 13/10/2009

 


 

Electricity Industry Amendment (Critical Infrastructure) Bill 2009 s. 5 critical generation facility-- (a) means a generation facility that-- (i) generates electricity; and (ii) has an installed or name plate 5 generation capacity of 1000 kVA or greater; and (b) includes a water storage facility associated with a generation facility referred to in paragraph (a); 10 related coal mine-- (a) means a coal mine from which coal is extracted for use in a critical generation facility; and (b) includes a water storage facility 15 associated with a coal mine referred to in paragraph (a);". 5 New Part 4 inserted After Part 3 of the Principal Act insert-- "PART 4--PROTECTION OF CRITICAL 20 ELECTRICITY INFRASTRUCTURE 79 Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited A person must not be present on land or 25 premises on which, or in an enclosure in which, critical electricity infrastructure is situated knowing that he or she does not have authority to be present on that land or those premises or in that enclosure. 30 Penalty: Imprisonment for 1 year. 561445B.I-13/10/2009 3 BILL LA INTRODUCTION 13/10/2009

 


 

Electricity Industry Amendment (Critical Infrastructure) Bill 2009 s. 5 80 Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles (1) A person who-- 5 (a) damages, interferes or tampers with, or attaches a thing to plant or equipment that forms part of critical electricity infrastructure or that is on land or premises on which, or in an enclosure 10 in which, critical electricity infrastructure is situated (the prohibited act); and (b) knows that he or she does not have authority to do the prohibited act; and 15 (c) is reckless as to whether the prohibited act will result in a disruption to the generation, transmission or distribution of electricity-- is guilty of an offence and liable to a term of 20 imprisonment not exceeding 2 years. Examples Examples of plant or equipment are: bucket dredgers, conveyer belts, boilers, pumps, cooling towers, pipelines, sprays, turbines, transformers, switching 25 equipment, telemetry equipment and emergency services equipment. (2) A person who-- (a) damages, interferes or tampers with, or attaches a thing to a relevant 30 infrastructure vehicle that is on land or premises on which, or in an enclosure in which, critical electricity infrastructure is situated (the prohibited act); and 35 (b) knows that he or she does not have authority to do the prohibited act; and 561445B.I-13/10/2009 4 BILL LA INTRODUCTION 13/10/2009

 


 

Electricity Industry Amendment (Critical Infrastructure) Bill 2009 s. 6 (c) is reckless as to whether the prohibited act will result in a disruption to the generation, transmission or distribution of electricity-- 5 is guilty of an offence and liable to a term of imprisonment not exceeding 2 years. (3) In subsection (2), relevant infrastructure vehicle means a vehicle used as part of the production process for the generation of 10 electricity or for the purpose of maintaining critical electricity infrastructure. __________________". 6 Repeal of Act This Act is repealed on the first anniversary of its 15 commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561445B.I-13/10/2009 5 BILL LA INTRODUCTION 13/10/2009

 


 

Electricity Industry Amendment (Critical Infrastructure) Bill 2009 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561445B.I-13/10/2009 6 BILL LA INTRODUCTION 13/10/2009

 


 

 


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