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ELECTRICITY INDUSTRY LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2000

                 PARLIAMENT OF VICTORIA

       Electricity Industry Legislation (Miscellaneous
                    Amendments) Act 2000
                                   Act No.


                        TABLE OF PROVISIONS
Clause                                                                    Page

PART 1--PRELIMINARY                                                           1
  1.      Purposes                                                            1
  2.      Commencement                                                        2

PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993                                                                          3
  3.      Change of Title                                                     3
  4.      Definitions                                                         3
  5.      Application of Act                                                  4
  6.      Repeal of section 27                                                4
  7.      Repeal of Part 2A                                                   4
  8.      Definition of electricity corporation                               4
  9.      Repeal of certain provisions of Part 3                              4
  10.     Easements                                                           4
  11.     Repeal of Parts 3A and 3AA                                          4
  12.     Repeal of section 91C                                               4
  13.     Tariff Order                                                        4
  14.     Repeal of certain provisions of Part 12                             5
  15.     Repeal of Part 13                                                   5
  16.     New section 209A inserted                                           5
          209A. Preservation of appurtenant National Electricity
                   easements                                                  5
  17.     New section 223 inserted                                            6
          223.     Certain rights deemed to be easements appurtenant to all
                   lands of National Electricity                              6
  18.     New section 224 inserted                                            7
          224.     Savings and transitional provisions                        7
  19.     Repeal of Schedule 2                                                7
  20.     Substitution of Schedule 4                                          7



PART 3--AMENDMENT OF ELECTRICITY SAFETY ACT 1998                              12



                                       i
541118B.A1-25/10/2000                                BILL LA AS SENT 25/10/2000

 


 

Clause Page 21. Definitions 12 22. Orders in Council 12 23. Supervisor deemed to carry out work 12 24. Regulation of installation 12 25. Exemption 13 26. Rights of appeal 13 27. Bushfire mitigation penalties 13 28. Enforcement officers 14 29. Chief electrical inspector may give directions 14 30. Electrical contractors and electrical workers regulations 14 31. Statute law revision 15 PART 4--AMENDMENT OF GAS INDUSTRY ACT 1994 16 32. Powers and functions of VENCorp 16 33. Directors of VENCorp 16 PART 5--AMENDMENT OF OFFICE OF THE REGULATOR- GENERAL ACT 1994 17 34. Definitions 17 35. Price determinations 17 36. Other regulatory powers 17 37. Determinations 18 38. Reference to Minister 18 PART 6--AMENDMENT OF STATE ELECTRICITY COMMISSION ACT 1958 19 39. Definitions 19 40. Functions and powers of Commission 20 41. Payment to Consolidated Fund 20 42. Financial accommodation 20 43. Directions relating to assets 20 44. Easements 20 45. Electric light and power 21 PART 7--AMENDMENT OF OTHER ACTS 22 46. Alpine Resorts (Management) Act 1997 22 47. Country Fire Authority Act 1958 22 48. Crown Land (Reserves) Act 1978 22 49. Electricity Industry Acts (Amendment) Act 2000 22 50. Emergency Services Superannuation Act 1986 23 51. Essential Services Act 1958 23 52. Essential Services Legislation (Dispute Resolution) Act 2000 23 53. Forests Act 1958 23 54. Gas and Fuel Corporation (Repeal) Act 1995 24 ii 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Clause Page 55. Land Act 1958 24 56. Land Tax Act 1958 24 57. Magistrates' Court Act 1989 25 56C. Electricity Industry Act 2000 25 58. Melbourne and Metropolitan Board of Works Act 1958 25 59. Melbourne City Link Act 1995 25 60. Mineral Resources Development Act 1990 26 61. National Parks Act 1975 26 62. Snowy Hydro Corporatisation Act 1997 27 63. Transport Act 1983 27 64. Treasury Corporation of Victoria Act 1992 27 65. Water Act 1989 28 ENDNOTES 30 iii 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 6 September 2000 As amended in Assembly 24 October 2000 A BILL to amend the Electricity Industry Act 1993 as a consequence of the Electricity Industry Act 2000, to amend the Electricity Safety Act 1998, the Gas Industry Act 1994, the Office of the Regulator- General Act 1994 and the State Electricity Commission Act 1958 and other Acts and for other purposes. Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- 1 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 2 Act No. (a) to amend the Electricity Industry Act 1993 as a consequence of the Electricity Industry Act 2000; and (b) to amend the Electricity Safety Act 1998 to 5 improve the operation of that Act; and (c) to make minor and consequential amendments to the Gas Industry Act 1994, the Office of the Regulator-General Act 1994 and the State Electricity Commission 10 Act 1958 and other Acts. 2. Commencement (1) Sections 1 and 13 and this section come into operation on the day on which this Act receives the Royal Assent. 15 (2) Section 16 is deemed to have come into operation on 14 December 1995. (3) Section 17 is deemed to have come into operation on 22 March 1994. (4) The remaining provisions of this Act come into 20 operation on 1 January 2001. _______________ 2 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 3 Act No. PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT 1993 3. Change of Title In the title of the Electricity Industry Act 1993, 5 after "Industry" insert "(Residual Provisions)". 4. Definitions In section 3(1) of the Electricity Industry Act 1993-- 10 (a) for the definition of "distribution company" substitute-- ' "distribution company" has the same meaning as in the Electricity Industry Act 2000;'; 15 (b) the definition of "enforcement officer" is repealed; (c) for the definition of "generation company" substitute-- ' "generation company" has the same 20 meaning as in the Electricity Industry Act 2000;'; (d) for the definitions of "licence" and "licensee" substitute-- ' "licence" has the same meaning as in the 25 Electricity Industry Act 2000; "licensee" has the same meaning as in the Electricity Industry Act 2000;'; (e) for the definition of "transmission company" substitute-- 3 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 5 Act No. ' "transmission company" has the same meaning as in the Electricity Industry Act 2000;'. 5. Application of Act 5 In section 4A(1) of the Electricity Industry Act 1993 omit "or in another Act". 6. Repeal of section 27 Section 27 of the Electricity Industry Act 1993 is repealed. 10 7. Repeal of Part 2A Part 2A of the Electricity Industry Act 1993 is repealed. 8. Definition of electricity corporation In section 42AA of the Electricity Industry Act 15 1993, omit "and Schedule 2". 9. Repeal of certain provisions of Part 3 Sections 42, 42A, 42B, 44, 44A, 45, 45A, 45B, 46 and 47 of the Electricity Industry Act 1993 are repealed. 20 10. Easements In section 43 of the Electricity Industry Act 1993, sub-section (2) is repealed. 11. Repeal of Parts 3A and 3AA Parts 3A and 3AA of the Electricity Industry 25 Act 1993 are repealed. 12. Repeal of section 91C Section 91C of the Electricity Industry Act 1993 is repealed. 13. Tariff Order 4 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 14 Act No. In section 158C of the Electricity Industry Act 1993, before sub-section (5) insert-- "(4B) The Order in force under section 158A(1) may be amended, on the recommendation of 5 the Minister, by Order of the Governor in Council published in the Government Gazette-- (a) to vary the provisions in clause 2.5 of that Order in relation to the giving of 10 notices to customers and to extend the period of operation of that clause; and (b) to vary clause 5.7.5 to provide for regulation by the Office of terms and charges for excluded services to the 15 extent that the terms and charges for those excluded services are not regulated under the licenses referred to in clause 5.7.5.". 14. Repeal of certain provisions of Part 12 20 Sections 155A, 157A, 158, 158AA, 158A, 158C, 159, 160, 161, 162, 163, 163AAA, 163AAB, 163AA, 164, 164A, 165, 165A, 166, 167, 168, 169, 169A, 169B, 169C, 169D, 169E, 170, 170A, 170B and 170C of the Electricity Industry Act 25 1993 are repealed. 15. Repeal of Part 13 Part 13 of the Electricity Industry Act 1993 is repealed. 16. New section 209A inserted 30 After section 209 of the Electricity Industry Act 1993 insert-- "209A. Preservation of appurtenant National Electricity easements 5 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 17 Act No. (1) Any easement vested in National Electricity immediately before 14 December 1995 which is expressed in any instrument to be appurtenant to the land described in folio of 5 the Register Volume 8053 folio 479 is deemed to be an easement vested in National Electricity and appurtenant to the lands vested in National Electricity for the time being and from time to time and to every part 10 thereof. (2) Sub-section (1) applies-- (a) despite anything to the contrary in any instrument; and (b) despite the surrender to the Crown under 15 section 207 of the land described in former certificate of title Volume 8053 folio 479 and certificate of title Volume 8274 folio 867.". 17. New section 223 inserted 20 After section 222 of the Electricity Industry Act 1993 insert-- "223. Certain rights deemed to be easements appurtenant to all lands of National Electricity 25 The easements expressed in any instrument to be appurtenant to the land described in folio of the Register Volume 6017 Folio 307 are deemed to be easements vested in National Electricity and appurtenant to the 30 lands vested in National Electricity for the time being and from time to time and to every part thereof despite the transfer of that land by Electricity Services Victoria on 22 March 1994 to-- 35 (a) Andreas Antonius Agterhuis; 6 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 18 Act No. (b) Carol Joy Agterhuis; (c) Stephen Foster Smith; (d) Margaret Elizabeth Smith; (e) Kerry Mark Cunnington; 5 (f) Ronald Jeffrey Francis James; (g) Ann James; (h) Jointmore Pty Ltd; (i) Josamit Holdings Pty Ltd.". 18. New section 224 inserted 10 After section 223 of the Electricity Industry Act 1993 insert-- "224. Savings and transitional provisions Schedule 4 has effect.". 19. Repeal of Schedule 2 15 Schedule 2 to the Electricity Industry Act 1993 is repealed. 20. Substitution of Schedule 4 For Schedule 4 to the Electricity Industry Act 1993 substitute-- 20 'SCHEDULE 4 SAVINGS AND TRANSITIONAL PROVISIONS 1. Definitions In this Schedule-- "old Act" means the Electricity Industry Act 25 1993. 2. General transitional provisions 7 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 20 Act No. (1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) Without limiting sub-clause (1), in declaring that certain provisions of the Electricity Industry Act 5 2000 are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to-- (a) limit the operation of any provision of the Interpretation of Legislation Act 1984 10 relating to the re-enactment; or (b) be an exhaustive list of the provisions of the old Act re-enacted by the Electricity Industry Act 2000. (3) This Schedule applies despite anything to the 15 contrary in any other provision of this Act or the Electricity Industry Act 2000. 3. Re-enacted provisions A provision of the old Act specified in Column 1 of the Table is deemed to be re-enacted (with 20 modifications) by the provision of the Electricity Industry Act 2000 appearing opposite in Column 2 of the Table. TABLE Old Provision New Provision section 27(2) to (4) section 117 section 42A section 86 section 42B section 87 section 44 section 88 section 44A section 89 section 45 section 90 section 45A section 91 section 45B section 92 section 46 section 94 section 47 section 93 8 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 Act No. Parts 3A and 3B Part 6 section 155A section 11 section 158 section 12 Old Provision New Provision section 158AA section 13 section 159 section 16 section 160 section 17 section 161 section 18 section 162 section 19 section 163(1), (2), (2A) section 20 section 163(3) section 21 section 163(4) section 22 section 163(5) section 24 section 163(6) and (7) section 25 section 163(8), (9), (10), (11) section 26 section 163AAA section 27 section 164 section 29 section 164A section 32 section 165 section 30 section 166 section 34 section 167 section 31 section 169A section 35 section 169B section 36 section 169C section 37 section 169D section 38 section 170A section 47 section 170B section 48 section 170C section 49 Part 13 Part 3 Schedule 2 Schedule 9 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 20 Act No. 4. Superseded references to old Act On the commencement of this clause, in any Act (other than this Act or the Electricity Industry Act 2000), or in any instrument made under any 5 Act or in any other document of any kind a reference to the old Act-- (a) to the extent that the reference relates to a provision of the old Act re-enacted in the Electricity Industry Act 2000, is deemed to 10 be a reference to the Electricity Industry Act 2000; and (b) to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the Electricity Industry 15 (Residual Provisions) Act 1993. 5. Licences A licence issued under Part 12 of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under 20 Part 2 of the Electricity Industry Act 2000. 6. Tariff Order (1) Despite the repeal of section 158A of the old Act, the Order made under that section on 20 June 1995 and published in the Government Gazette on 30 25 June 1995 as in effect immediately before the commencement of this clause continues in effect and may be amended, varied or revoked in accordance with section 14 of the Electricity Industry Act 2000. 30 (2) Despite the revocation of clause 4.4 of the Order referred to in sub-clause (1) by section 158A(4) of the Electricity Industry Act 1993, the revocation does not have effect for the purposes of the Order as a retailing change in taxes, a PowerNet change 35 in taxes, a network change in taxes or a generator change in taxes within the meaning of the Order. 10 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 20 Act No. 7. Orders under section 158AA An Order under section 158AA of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under 5 section 13 of the Electricity Industry Act 2000. 8. Exemptions under section 160 An Order under section 160 of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under 10 section 17 of the Electricity Industry Act 2000.'. _______________ 11 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 21 Act No. PART 3--AMENDMENT OF ELECTRICITY SAFETY ACT 1998 21. Definitions In section 3 of the Electricity Safety Act 1998-- 5 (a) in the definition of "distribution area" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000"; (b) in the definition of "distribution company" for "Electricity Industry Act 1993" 10 substitute "Electricity Industry Act 2000". 22. Orders in Council (1) In section 4(1) of the Electricity Safety Act 1998 omit "and on the recommendation of the Office,". 15 (2) In section 47(1) of the Electricity Safety Act 1998 omit ", on the recommendation of the Office,". 23. Supervisor deemed to carry out work At the end of section 41B of the Electricity 20 Safety Act 1998 insert-- "(2) Sub-section (1) does not apply in respect of a licensed electrical installation worker supervising the carrying out of electrical installation work pursuant to the conditions 25 of registration applying to a registered electrical contractor.". 24. Regulation of installation (1) In section 46(1)(a) of the Electricity Safety Act 1998 for sub-paragraphs (i) and (ii) substitute-- 30 "(i) a person who is the holder of a licence under section 19 of the Electricity Industry Act 12 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 25 Act No. 2000, for the purposes of carrying out activities authorised under the licence; or (ii) a person who is exempted under the Electricity Industry Act 2000 from holding 5 a licence under section 19 of that Act, for the purposes of carrying out activities authorised to be carried out under the terms of the exemption; or". (2) In section 46 of the Electricity Safety Act 1998, 10 sub-section (2) is repealed. 25. Exemption In section 47(3)(b) of the Electricity Safety Act 1998 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 15 26. Rights of appeal In section 70(3)(b) of the Electricity Safety Act 1998 for "Part 12 of the Electricity Industry Act 1993" substitute "Part 2 of the Electricity Industry Act 2000". 20 27. Bushfire mitigation penalties (1) At the foot of section 83A(1) of the Electricity Safety Act 1998 insert-- "Penalty : In the case of a natural person, 15 penalty units; 25 In the case of a body corporate, 75 penalty units.". (2) At the foot of section 83A(3) of the Electricity Safety Act 1998 insert-- "Penalty : In the case of a natural person, 30 10 penalty units; In the case of a body corporate, 50 penalty units.". 13 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 28 Act No. (3) At the foot of section 83B(1) of the Electricity Safety Act 1998 insert-- "Penalty : In the case of a natural person, 50 penalty units; 5 In the case of a body corporate, 250 penalty units.". 28. Enforcement officers (1) In sections 121(1) and 121(4) of the Electricity Safety Act 1998 for "Electricity Industry Act 10 1993" substitute "Electricity Industry Act 2000". (2) In sections 138 and 139 of the Electricity Safety Act 1998 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 15 29. Chief electrical inspector may give directions In section 141(3) of the Electricity Safety Act 1998 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 30. Electrical contractors and electrical workers 20 regulations In section 156 of the Electricity Safety Act 1998-- (a) for paragraph (a) substitute-- "(a) the qualifications (including courses of 25 training and examination, re- examination, assessment and re- assessment) required for registration of electrical contractors or any class of electrical contractors;"; 30 (b) in paragraph (f) after "examination," insert "assessment,"; (c) in paragraph (j) before "theoretical" insert "assessment or any". 14 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 31 Act No. 31. Statute law revision In sections 122(1)(b) and 134(1)(c) of the Electricity Safety Act 1998 for "electrical" substitute "electricity". 5 _______________ 15 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 32 Act No. PART 4--AMENDMENT OF GAS INDUSTRY ACT 1994 32. Powers and functions of VENCorp In section 16CA of the Gas Industry Act 1994 for "Electricity Industry Act 1993" substitute 5 "Electricity Industry Act 2000". 33. Directors of VENCorp After section 16F(2)(a) of the Gas Industry Act 1994 insert-- "(aa) who are not officers or employees of the 10 holder of a licence issued under Part 2 of the Electricity Industry Act 2000; and". _______________ 16 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 34 Act No. PART 5--AMENDMENT OF OFFICE OF THE REGULATOR- GENERAL ACT 1994 34. Definitions (1) In section 3(1) of the Office of the Regulator- 5 General Act 1994 insert-- ' "Tariff Order" has the same meaning as in the Electricity Industry Act 2000;'. (2) In section 3(3) of the Office of the Regulator- General Act 1994 for "Electricity Industry Act 10 1993" substitute "Electricity Industry Act 2000". 35. Price determinations In section 25 of the Office of the Regulator- General Act 1994 for sub-section (1) 15 substitute-- "(1) This section is subject to anything to the contrary in the relevant legislation or in an Order in Council under section 3(2) or in the Tariff Order or in any Order under Division 20 2 of Part 2 of the Electricity Industry Act 2000 specifying the prescribed prices or prescribed goods and services in respect of which the Office is exercising its power of regulation.". 25 36. Other regulatory powers (1) In section 26(1) of the Office of the Regulator- General Act 1994 for "under section 158A of the Electricity Industry Act 1993" substitute "in the Tariff Order or in any Order under Part 2 of the 30 Electricity Industry Act 2000". (2) In section 26 of the Office of the Regulator- General Act 1994, for sub-section (3) substitute-- 17 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 37 Act No. "(3) This section is subject to anything to the contrary in the relevant legislation or in an Order in Council under section 3(2) or in the Tariff Order or in any Order made under 5 Part 2 of the Electricity Industry Act 2000.". 37. Determinations In section 27 of the Office of the Regulator- General Act 1994 for sub-section (4) 10 substitute-- "(4) Subject to anything to the contrary in the Tariff Order or in any Order made under Part 2 of the Electricity Industry Act 2000, a determination has effect until it is amended 15 or revoked by a later determination or until such other date as is specified in the determination.". 38. Reference to Minister In section 34A(1) of the Office of the Regulator- 20 General Act 1994 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". _______________ 18 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 39 Act No. PART 6--AMENDMENT OF STATE ELECTRICITY COMMISSION ACT 1958 39. Definitions In section 3(1) of the State Electricity 5 Commission Act 1958-- (a) in the definition of "Administrator" after "Industry" insert "(Residual Provisions)"; (b) in the definition of "chief electrical 10 inspector" for "Part 4 of the Electricity Industry Act 1993" substitute "the Electricity Safety Act 1998"; (c) in the definition of "distribution company" for "Electricity Industry Act 1993" 15 substitute "Electricity Industry Act 2000"; (d) for the definition of "electricity corporation" substitute-- ' "electricity corporation" means 20 VENCorp, a generation company, a transmission company or a distribution company within the meaning of the Electricity Industry Act 2000;'; (e) in the definition of "generation company" for 25 "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000"; (f) in the definition of "public generation company" after "Industry" insert "(Residual Provisions)"; 30 (g) in the definition of "public transmission company" after "Industry" insert "(Residual Provisions)"; 19 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 40 Act No. (h) in the definition of "transmission company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 5 40. Functions and powers of Commission In section 12A(1) of the State Electricity Commission Act 1958-- (a) in paragraph (b) after "Industry" insert "(Residual Provisions)"; 10 (b) in paragraph (c) after "Industry" insert "(Residual Provisions)"; (c) in paragraph (ea) after "Industry" insert "(Residual Provisions)". 41. Payment to Consolidated Fund 15 In section 82A(1) of the State Electricity Commission Act 1958 for "section 12 or 12B of the Electricity Industry Act 1993" substitute "section 12 of the Electricity Industry (Residual Provisions) Act 1993". 20 42. Financial accommodation In section 85D(1) of the State Electricity Commission Act 1958 after "Industry" insert "(Residual Provisions)". 43. Directions relating to assets 25 In section 101(2) of the State Electricity Commission Act 1958 for "the date on which the Electricity Industry Act 1993 receives the Royal Assent" substitute "14 December 1993". 44. Easements 20 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 45 Act No. In section 103A of the State Electricity Commission Act 1958, sub-section (3) is repealed. 45. Electric light and power 5 In section 107 of the State Electricity Commission Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". _______________ 10 21 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 46 49 Act No. PART 7--AMENDMENT OF OTHER ACTS 46. Alpine Resorts (Management) Act 1997 (1) In section 9(6) of the Alpine Resorts (Management) Act 1997 for "Electricity 5 Industry Act 1993" substitute "Electricity Industry Act 2000". (2) In section 10(3) of the Alpine Resorts (Management) Act 1997 for "Electricity Industry Act 1993" substitute "Electricity 10 Industry Act 2000". (3) In section 11(3) of the Alpine Resorts (Management) Act 1997, in the definition of "electricity company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 15 2000". 47. Country Fire Authority Act 1958 In section 32(2) of the Country Fire Authority Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 20 48. Crown Land (Reserves) Act 1978 (1) In section 17BA of the Crown Land (Reserves) Act 1978 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (2) In section 17DAA of the Crown Land (Reserves) 25 Act 1978 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (3) In section 18A(3) of the Crown Land (Reserves) Act 1978, in the definition of "electricity company" for "Electricity Industry Act 1993" 30 substitute "Electricity Industry Act 2000". 49. Electricity Industry Acts (Amendment) Act 2000 22 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 Act No. Section 11 of the Electricity Industry Acts (Amendment) Act 2000 is repealed. 50. Emergency Services Superannuation Act 1986 In section 22B(1) of the Emergency Services 5 Superannuation Act 1986-- (a) in the definition of "VEI Super Pty Ltd" after "Electricity Industry" insert "(Residual Provisions)"; (b) in the definition of "Victorian Electricity 10 Industry Superannuation Fund" for "Electricity Industry Act 1993" substitute "Electricity Industry (Residual Provisions) Act 1993". 51. Essential Services Act 1958 15 In section 3 of the Essential Services Act 1958 in the definition of "essential service" for "VPX, a distribution company or generation company within the meaning of the Electricity Industry Act 1993" substitute "VENCorp, a distribution 20 company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000". 52. Essential Services Legislation (Dispute Resolution) Act 2000 25 Section 3 of the Essential Services Legislation (Dispute Resolution) Act 2000 is repealed. 53. Forests Act 1958 (1) In section 57B(6) of the Forests Act 1958 for "Electricity Industry Act 1993" substitute 30 "Electricity Industry Act 2000". (2) In section 57C(3) of the Forests Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 23 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 54 56 Act No. (3) In section 57D(3) of the Forests Act 1958, in the definition of "electricity company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 5 54. Gas and Fuel Corporation (Repeal) Act 1995 In section 3 of the Gas and Fuel Corporation (Repeal) Act 1995, in the definition of "Administrator", after "Industry" insert "(Residual Provisions)". 10 55. Land Act 1958 (1) In section 137AE of the Land Act 1958 for "Electricity Industry Act 1993" (wherever occurring) substitute "Electricity Industry Act 2000". 15 (2) In section 140AA of the Land Act 1958 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (3) In section 229(3) of the Land Act 1958, in the definition of "electricity company" for 20 "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (4) In section 334(1) of the Land Act 1958-- (a) for "Electricity Industry Act 1993" substitute "Electricity Industry Act 25 2000"; and (b) for "section three of the said Act" substitute "section 3 of the Electricity Safety Act 1998". (5) In section 335 of the Land Act 1958 for 30 "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 56. Land Tax Act 1958 24 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 59 Act No. In section 9(3) of the Land Tax Act 1958, in the definition of "mine", for paragraph (b) substitute-- "(b) any part of the land in the Latrobe area 5 within the meaning of the Electricity Industry (Residual Provisions) Act 1993 where a generation company or any other body authorised under that Act mines coal used in the generation of electricity--". 10 57. Magistrates' Court Act 1989 In Schedule 4 to the Magistrates' Court Act 1989 for clause 56C substitute-- "56C. Electricity Industry Act 2000 Offences by body corporate under section 15 97(7) of the Electricity Industry Act 2000 and offences under section 97(11) of that Act.". 58. Melbourne and Metropolitan Board of Works Act 1958 20 In section 259(1) of the Melbourne and Metropolitan Board of Works Act 1958, in the definition of "public corporation" for "the State Electricity Commission of Victoria, Generation Victoria, National Electricity, VPX, a distribution 25 company or generation company within the meaning of the Electricity Industry Act 1993" substitute "SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity 30 Industry Act 2000". 59. Melbourne City Link Act 1995 In section 3 of the Melbourne City Link Act 1995-- 25 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 Act No. (a) for the definition of "electricity corporation" substitute-- ' "electricity corporation" means VENCorp or SEC within the meaning of the 5 Electricity Industry Act 2000;'; (b) in the definition of "public authority", paragraph (f) is repealed; (c) in paragraph (b) of the definition of "public body" for "section 3(1) of the Electricity 10 Industry Act 1993" substitute "section 3 of the Electricity Industry Act 2000". 60. Mineral Resources Development Act 1990 In section 105(3) of the Mineral Resources Development Act 1990 after "Industry" insert 15 "(Residual Provisions)". 61. National Parks Act 1975 (1) In section 3(2) of the National Parks Act 1975 for "the State Electricity Commission of Victoria, Generation Victoria, National Electricity, VPX, a 20 distribution company or generation company within the meaning of the Electricity Industry Act 1993" substitute "SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the 25 Electricity Industry Act 2000". (2) In section 27A(4) of the National Parks Act 1975 in the definition of "electricity company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 30 (3) In section 30A(1) of the National Parks Act 1975 for "The State Electricity Commission of Victoria, Generation Victoria, National Electricity, VPX, a distribution company or generation company within the meaning of the Electricity Industry 26 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 62 Act No. Act 1993" substitute "SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000". 5 (4) In section 30AA(6) of the National Parks Act 1975 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (5) In section 30AB(3) of the National Parks Act 1975 for "Electricity Industry Act 1993" 10 substitute "Electricity Industry Act 2000". 62. Snowy Hydro Corporatisation Act 1997 Section 26(3) of the Snowy Hydro Corporatisation Act 1997 is repealed. 63. Transport Act 1983 15 In Schedule 5 of the Transport Act 1983, for clause 20(b) substitute-- "(b) for making all necessary arrangements with distribution companies within the meaning of the Electricity Industry Act 2000 or 20 other persons concerning such installations or improvements in street lighting;". 64. Treasury Corporation of Victoria Act 1992 (1) In section 36A of the Treasury Corporation of Victoria Act 1992, in the definition of "public 25 authority"-- (a) for "VPX" substitute "VENCorp"; (b) after "Industry" insert "(Residual Provisions)". (2) In Schedule 1 to the Treasury Corporation of 30 Victoria Act 1992 for the entry relating to VPX substitute-- "VENCorp Electricity Industry Act 2000". 27 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 65 Act No. (3) In Schedule 1 to the Treasury Corporation of Victoria Act 1992 for the entries relating to a distribution company and a generation company substitute-- "A public distribution Electricity Industry company within the (Residual Provisions) Act meaning of the Electricity 1993 Industry (Residual Provisions) Act 1993 A public generation Electricity Industry company within the (Residual Provisions) Act meaning of the Electricity 1993". Industry (Residual Provisions) Act 1993 5 65. Water Act 1989 (1) In section 9(2) of the Water Act 1989 for paragraph (c) substitute-- "(c) in the case of SEC, VENCorp, a distribution company, a transmission company or a 10 generation company within the meaning of the Electricity Industry Act 2000, for any purpose connected with the exercise of its functions or powers;". (2) In section 34(1) of the Water Act 1989-- 15 (a) for paragraphs (da), (db) and (dc) substitute-- "(da) VENCorp; or (db) a transmission company within the meaning of the Electricity Industry 20 Act 2000; or"; (b) in paragraphs (dd) and (de) for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 28 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 s. 65 Act No. (3) In section 56(5) and 56(6) of the Water Act 1989 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (4) In section 107A(2) of the Water Act 1989 in the 5 definition of "generation company" for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (5) In section 161A(2) of the Water Act 1989 in the definition of "generation company" for 10 "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". (6) In section 185(3) of the Water Act 1989 for "Electricity Industry Act 1993" substitute "Electricity Industry Act 2000". 15 29 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 30 541118B.A1-25/10/2000 BILL LA AS SENT 25/10/2000

 


 

 


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