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This is a Bill, not an Act. For current law, see the Acts databases.
Energy Legislation Amendment (Customer
Metering Protections and Other Matters) Act 2014
No. of 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000 3
Division 1--Advanced metering infrastructure 3
3 Deemed distribution contracts 3
4 Orders in relation to advanced metering infrastructure 3
5 General powers in relation to Orders 8
Division 2--Feed-in tariff reporting obligations 8
6 Distribution companies to report annually on connected
qualifying solar energy generating facilities 8
7 Retailer reporting in relation to general feed-in tariff scheme 8
PART 3--AMENDMENT OF ELECTRICITY SAFETY
ACT 1998 10
8 Definitions 10
9 Repeal of sections 50 to 53 10
10 Electricity safety management scheme for owner of
complex electrical installation 10
PART 4--AMENDMENT OF GAS INDUSTRY ACT 2001 12
11 Definitions--Gas Industry Act 2001 12
12 Repeal of sections 11 and 12 12
PART 5--REPEAL OF AMENDING ACT 13
13 Repeal of amending Act 13
ENDNOTES 14
i
Energy Legislation Amendment
(Customer Metering Protections and
Other Matters) Act 2014
No. of 2014
[Assented to ]
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Electricity Industry Act 2000
in relation to Orders about advanced
metering infrastructure and reporting
obligations under feed-in tariff schemes; and
1
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 1--Preliminary
s. 2
(b) to amend the Electricity Safety Act 1998 to
repeal provisions about the Equipment
Advisory Committee and in relation to
voluntary electricity safety management
schemes; and
(c) to amend the Gas Industry Act 2001 to
repeal provisions that are redundant because
of the operation of the National Gas
(Victoria) Act 2008.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 April 2015, it comes into
operation on that day.
__________________
2
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 2--Amendment of Electricity Industry Act 2000
s. 3
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000
Division 1--Advanced metering infrastructure
3 Deemed distribution contracts
(1) In section 40A(3) of the Electricity Industry Act See:
Act No.
2000, for "Office of the Regulator-General in 68/2000.
January 2001" substitute "Commission in May Reprint No. 7
as at
2012". 10 July 2013
and
amending
Act Nos
22/2013,
70/2013 and
3/2014.
LawToday:
www.
legislation.
vic.gov.au
(2) After section 40A(3) of the Electricity Industry
Act 2000 insert--
"(3A) The Commission must approve terms and
conditions that give effect to or are necessary
to comply with an Order made under
section 46D.".
4 Orders in relation to advanced metering
infrastructure
(1) In section 46D(1) of the Electricity Industry Act
2000--
(a) in paragraph (d), for "sent." substitute
"sent;";
(b) after paragraph (d) insert--
"(e) payments in relation to--
(i) the failure to install advanced
metering infrastructure and
associated systems;
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Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 2--Amendment of Electricity Industry Act 2000
s. 4
(ii) the failure to install advanced
metering infrastructure and
associated systems that meet a
specified functionality or a
specified standard of performance
or service for that infrastructure
and those systems;
(f) the manual reading of meters
(including meters that are part of
advanced metering infrastructure and
associated systems) and fees and
charges for that reading of meters.".
(2) In section 46D(2) of the Electricity Industry Act
2000--
(a) for "subsection (1)" (where secondly
occurring) substitute "subsection (1)(a), (b),
(c) or (d)";
(b) in paragraph (zf), for "section 46C or 46CA."
substitute "section 46C or 46CA;";
(c) after paragraph (zf) insert--
"(zg) requiring a relevant entity that is a
distribution company to give the
Minister and the Commission
information about--
(i) the installation (or non-
installation) of advanced metering
infrastructure and associated
systems;
(ii) installed advanced metering
infrastructure and associated
systems that do not meet a
specified functionality or a
specified standard of performance
or service for that infrastructure
and those systems;
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Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 2--Amendment of Electricity Industry Act 2000
s. 4
(iii) any payments referred to in
subsection (3).".
(3) After section 46D(2) of the Electricity Industry
Act 2000 insert--
"(3) Without limiting subsection (1), an Order
under subsection (1)(e) may--
(a) require a relevant entity that is a
distribution company to make a
payment to a customer by a specified
date or in specified circumstances in
relation to--
(i) a failure to install advanced
metering infrastructure and
associated systems;
(ii) a failure to install advanced
metering infrastructure and
associated systems that meet a
specified functionality or a
specified standard of performance
or service for that infrastructure
and those systems;
(b) specify the amount of a payment
referred to in paragraph (a) or provide
for the setting and regulation of an
amount of a payment referred to in that
paragraph;
(c) require a relevant entity to provide
specified information to another
relevant entity (the second entity) for
the purpose of enabling that second
entity to comply with a requirement of
an Order made under this subsection.
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Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 2--Amendment of Electricity Industry Act 2000
s. 4
(4) Without limiting subsection (1), an Order
under subsection (1)(f) may--
(a) provide for the setting and regulation of
the fees and charges that a relevant
entity that is a distribution company
may charge for or in connection with
the costs of, or in relation to, the
manual reading of meters (including
meters that are part of advanced
metering infrastructure and associated
systems);
(b) empower the recovery of the fees and
charges referred to in paragraph (a)
from--
(i) a relevant entity that is a retailer
or a class or classes of relevant
entities that are retailers supplied
with electricity by the distribution
company, or all customers of a
relevant entity that is a retailer or
a class or classes of customers of a
relevant entity that is a retailer and
is so supplied;
(ii) an exempt seller or a class or
classes of exempt sellers supplied
with electricity by the distribution
company, or all customers of an
exempt seller or class or classes of
customers of an exempt seller who
is so supplied;
(c) require a relevant entity that is a retailer
or exempt seller or a distribution
company to give a specified customer,
or a customer of a specified class, or a
person or entity authorised by a
customer, information about--
6
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 2--Amendment of Electricity Industry Act 2000
s. 4
(i) the manual reading of meters
(including meters that are part of
advanced metering infrastructure
and associated systems);
(ii) when the fees and charges
associated with the costs of, or in
relation to, the manual reading of
meters may take effect;
(d) require a relevant entity to provide
specified information to another
relevant entity (the second entity) for
the purpose of enabling that second
entity to comply with a requirement of
an Order made under this subsection.
(5) Without limiting subsection (1), an Order
under subsection (1)(e) or (f) may prohibit a
relevant entity that is a distribution company
from recovering from--
(a) specified customers who have advanced
metering infrastructure and associated
systems installed, costs specified under
the Order for, or associated with, or
related to, the manual reading of meters
(including meters that are part of
advanced metering infrastructure and
associated systems);
(b) any customer (by way of a fee, charge
or otherwise) the amount of a payment
of the kind referred to in
subsection (3)(a).".
7
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 2--Amendment of Electricity Industry Act 2000
s. 5
5 General powers in relation to Orders
After section 46E(2B) of the Electricity Industry
Act 2000--
"(2C) For the purposes of section 46D(3), an
Order of the Governor in Council under
section 46D may specify either one or both
of the following--
(a) a date that is a date before the date on
which the Order takes effect;
(b) a circumstance that occurs before the
Order takes effect.".
Division 2--Feed-in tariff reporting obligations
6 Distribution companies to report annually on
connected qualifying solar energy generating
facilities
(1) In section 40FJ(1)(c) of the Electricity Industry
Act 2000, for "6 months" substitute "12 months".
(2) In section 40FJ(2) of the Electricity Industry Act
2000 omit "30 June and".
(3) In section 40FJ(2A) of the Electricity Industry
Act 2000--
(a) for "calendar month after the TFiT scheme
start day" substitute "year";
(b) in paragraphs (a), (b) and (c), for "calendar
month" substitute "applicable year".
7 Retailer reporting in relation to general feed-in
tariff scheme
(1) For section 40NC(1) of the Electricity Industry
Act 2000 substitute--
"(1) Without limiting the generality of
section 20(2) or (3) or section 21, but subject
to this Division, the conditions to which a
8
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 2--Amendment of Electricity Industry Act 2000
s. 7
licence to sell electricity held by a relevant
licensee is subject include a condition
requiring the licensee, within one month
after each reporting day, to give to the
Minister a report that specifies--
(a) the number of small renewable energy
generation facilities from which
electricity was generated and sold to the
licensee in the 3 months prior to the
reporting day; and
(b) the total amount of electricity generated
by means of small renewable energy
generation facilities and purchased by
the licensee in the 3 months prior to the
reporting day.".
(2) After section 40NC(2) of the Electricity Industry
Act 2000 insert--
"(3) In this section--
reporting day means--
(a) 31 March of every year; and
(b) 30 June of every year; and
(c) 30 September of every year; and
(d) 31 December of every year.".
__________________
9
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 3--Amendment of Electricity Safety Act 1998
s. 8
PART 3--AMENDMENT OF ELECTRICITY SAFETY
ACT 1998
8 Definitions
See: In section 3 of the Electricity Safety Act 1998, in
Act No.
25/1998. the definition of Committee, paragraph (a) is
Reprint No. 6 repealed.
as at
3 November
2011
and
amending
Act Nos
59/2011,
43/2012,
22/2013,
35/2013,
70/2013 and
2/2014.
LawToday:
www.
legislation.
vic.gov.au
9 Repeal of sections 50 to 53
Sections 50, 51, 52 and 53 of the Electricity
Safety Act 1998 are repealed.
10 Electricity safety management scheme for owner of
complex electrical installation
(1) In section 116(2)(b) of the Electricity Safety Act
1998, for "supply network" substitute "complex
electrical installation".
(2) For section 116(3) of the Electricity Safety Act
1998 substitute--
"(3) Sections 100 to 104 apply to an electricity
safety management scheme under this
section--
10
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 3--Amendment of Electricity Safety Act 1998
s. 10
(a) as if--
(i) any reference to a major
electricity company were a
reference to the owner of a
complex electrical installation;
and
(ii) any reference to a supply network
were a reference to a complex
electrical installation; and
(b) with any other alterations or
modifications that are necessary.".
__________________
11
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 4--Amendment of Gas Industry Act 2001
s. 11
PART 4--AMENDMENT OF GAS INDUSTRY ACT 2001
11 Definitions--Gas Industry Act 2001
See: In section 3 of the Gas Industry Act 2001, the
Act No.
31/2001. definitions of gas distribution system, gas
Reprint No. 5 transmission system, primary distribution system
as at
16 August and primary transmission system are repealed.
2012
and
amending
Act Nos
51/2012,
11/2013,
22/2013 and
3/2014.
LawToday:
www.
legislation.
vic.gov.au
12 Repeal of sections 11 and 12
Sections 11 and 12 of the Gas Industry Act 2001
are repealed.
__________________
12
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Part 5--Repeal of Amending Act
s. 13
PART 5--REPEAL OF AMENDING ACT
13 Repeal of amending Act
This Act is repealed on 1 April 2016.
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).
13
Energy Legislation Amendment (Customer Metering Protections and Other
Matters) Act 2014
No. of 2014
Endnotes
ENDNOTES
Minister's second reading speech--
Legislative Council:
Legislative Assembly:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Electricity Industry Act 2000, the Electricity Safety Act 1998 and the
Gas Industry Act 2001 and for other purposes."
By Authority. Government Printer for the State of Victoria.
14
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