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Victorian Energy Efficiency Target Amendment
Act 2022
No. of 2022
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 3
Part 2--Accreditation 4
4 Definitions 4
5 New section 7B inserted 5
6 New Subdivision 1 of Division 1 of Part 3 inserted 6
7 Who may apply to be accredited? 6
8 New sections 9A to 9C inserted 7
9 New sections 10A to 10C and Subdivision 2 of Division 1 of
Part 3 inserted 9
10 ESC to approve or refuse application 13
11 ESC to allocate registration numbers 14
12 New sections 13A to 13D inserted 14
13 New Subdivision 4 of Division 1 of Part 3 inserted 17
14 Review of decisions 19
15 Review of decisions by VCAT 20
16 Register of accredited persons 20
17 Fees 21
18 ESC Guidelines 21
19 Transitional provisions 22
Part 3--VEET scheme registry accounts 25
20 Definitions 25
21 Role of ESC 25
22 New section 7A inserted 25
23 Certificates may be transferred 26
24 New Division 6 of Part 3 inserted 26
25 Review of decisions 34
26 Review of decisions by VCAT 34
27 Fees 35
28 Transitional provisions 35
29 Items in Table in Schedule 1 to Act substituted 38
i
Clause Page
Part 4--Extension of VEET Scheme 39
30 When can a certificate be created? 39
31 Energy efficiency certificate shortfall 39
32 VEET scheme target 39
Part 5--Compliance and enforcement 40
Division 1--Code of conduct 40
33 Definitions 40
34 New section 3A inserted 40
35 New sections 14G and 14H inserted 41
36 Regulations 43
37 Items in Table in Schedule to Act substituted 43
Division 2--Suspension and offences 44
38 Sections 14 and 14A substituted 44
39 New sections 15A and 15B inserted 50
40 New section 20A inserted 51
41 New section 37A inserted 51
42 Review of decisions 52
43 Review of decisions by VCAT 52
44 Items in Table in Schedule 1 to Act substituted 53
Division 3--Civil Penalty Requirements 55
45 New section 6A inserted 55
46 New Part 6A inserted 55
47 New Schedule to Act inserted 57
48 Regulations 58
Part 6--Audits 59
49 Definitions 59
50 Role of ESC 59
51 Repeal of section 19A 59
52 New Part 7A inserted 60
53 Records to be kept by accredited persons and relevant entities 68
54 ESC Guidelines 68
55 Transitional provisions 68
Part 7--Review of decision making 70
56 Review of decisions 70
57 New sections 56A to 56E inserted 71
58 Transitional provision 74
Part 8--Miscellaneous amendments 75
Division 1--Amendments relating to certificates and other matters 75
59 Who may create a certificate? 75
ii
Clause Page
60 Certificates may be transferred 76
61 Owner may surrender certificate voluntarily 76
62 Certificate surrender notice 77
63 Application for declaration and order requiring surrender of
certificates 77
64 Information may be disclosed to specified persons or bodies 77
65 Fees 79
66 ESC guidelines 79
Division 2--Regulations dealing with transitional matters 79
67 New section 75A inserted 79
Part 9--Amendment of Essential Services Commission Act 2001 81
68 Amendment of Essential Services Commission Act 2001 81
Part 10--Repeal of this Act 82
69 Repeal of this Act 82
═════════════
Endnotes 83
1 General information 83
iii
Victorian Energy Efficiency Target
Amendment Act 2022
No. of 2022
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Victorian Energy Efficiency
Target Act 2007 to--
(i) expand the powers and functions of the
Essential Services Commission under
that Act; and
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No. of 2022
Part 1--Preliminary
(ii) introduce new requirements relating to
accreditation, including annual review
and fit and proper person requirements;
and
(iii) extend the operation of the Victorian
energy efficiency target scheme; and
(iv) provide for the grant and administration
of accounts for transferring certificates
under that Act; and
(v) make further provision for the internal
review and provide for the external
review of certain decisions made by the
Essential Services Commission; and
(vi) make further provision for matters
relating to the enforcement of that Act
and the regulations made under it,
including by introducing new offences
and engaging with the civil penalty
requirement regime under the Essential
Services Commission Act 2001; and
(vii) provide for the conduct of compliance
audits and assurance audits of
accredited persons; and
(viii) make other miscellaneous and
consequential amendments; and
(b) to make a consequential amendment to the
Essential Services Commission Act 2001.
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 November 2023, it comes into
operation on that day.
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No. of 2022
Part 1--Preliminary
3 Principal Act
In this Act, the Victorian Energy Efficiency
Target Act 2007 is called the Principal Act.
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No. of 2022
Part 2--Accreditation
Part 2--Accreditation
4 Definitions
In section 3(1) of the Principal Act insert the
following definitions--
"competent and capable person means a person
who is competent and capable for the
purposes of this Act, having regard to the
matters specified in section 10C;
CPD obligations means continuing professional
development obligations specified in the
ESC guidelines for the purposes of
section 14F;
finding of guilt has the meaning given by
section 4 of the Worker Screening
Act 2020;
fit and proper person means--
(a) a natural person who is fit and proper
for the purposes of this Act, having
regard to the matters specified in
section 10B; or
(b) a body corporate that is fit and proper
for the purposes of this Act, having
regard to the matters specified in
section 10B in relation to the body
corporate and any officer of the body
corporate;
pending charge has the meaning given by
section 6 of the Worker Screening
Act 2020;".
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Part 2--Accreditation
5 New section 7B inserted
Before section 8 of the Principal Act insert--
"7B ESC may provide advice and support
(1) To promote best practices in the promotion
of the objects of this Act, the ESC may
provide advice and support to--
(a) accredited persons; and
(b) scheme participants; and
(c) consumers of electricity and gas; and
(d) any other person.
(2) Without limiting subsection (1), the ESC
may provide any of the following--
(a) education about, and information in
relation to, matters relating to energy
efficiency, prescribed activities and
regulated actions;
(b) education and training for accredited
persons to enable accredited persons to
meet their CPD obligations;
(c) education and training for accredited
persons and scheme participants to
promote the adoption of best practices
in undertaking prescribed activities and
regulated actions;
(d) in respect of contracts created and
executed for prescribed activities--
(i) standardised, recommended or
model provisions; and
(ii) templates, manuals or
guidelines.".
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Part 2--Accreditation
6 New Subdivision 1 of Division 1 of Part 3 inserted
After the heading to Division 1 of Part 3 of the
Principal Act insert the following heading--
"Subdivision 1--Application for grant
or renewal of accreditation".
7 Who may apply to be accredited?
(1) For section 9(1) of the Principal Act substitute--
"(1) A person may apply to the ESC to--
(a) be an accredited person; or
(b) renew the person's accreditation as an
accredited person.".
(2) In section 9(2) of the Principal Act--
(a) after "application" insert "for the grant or
renewal of accreditation";
(b) after paragraph (b) insert--
"(ba) include a declaration that the applicant
is, for the purposes of accreditation--
(i) a fit and proper person; and
(ii) a competent and capable person;
and
Note
See sections 10B and 10C.
(bb) include the prescribed activities or class
of prescribed activities for which
accreditation is sought; and
(bc) in the case of an applicant who has
been an accredited person within the
12 months prior to the application,
include a declaration and a report as to
each of the following matters--
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Part 2--Accreditation
(i) the person's compliance with any
CPD obligations;
(ii) the person's compliance with any
conditions or restrictions of the
accredited person's accreditation;
(iii) the prescribed activities (if any)
undertaken by the person in the
current accreditation period.
Example
This may include the details of any
periods in which the person did not
undertake any prescribed activities.".
(3) After section 9(3) of the Principal Act insert--
"(4) If required by the ESC under section 10A, an
applicant for renewal of accreditation must
provide to the ESC evidence to support the
applicant's declaration that the applicant is,
for the purposes of accreditation--
(a) a fit and proper person; and
(b) a competent and capable person.".
8 New sections 9A to 9C inserted
After section 9 of the Principal Act insert--
"9A Timing of application for renewal
(1) Subject to subsection (2), an accredited
person must apply for renewal of
accreditation at least 90 days before the date
on which the accredited person's
accreditation will expire.
Note
A notice given by the ESC to an accredited person on
the granting of accreditation or the renewal of
accreditation must specify the date by which the
accredited person must apply for renewal of
accreditation.
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Part 2--Accreditation
(2) The ESC may accept an application for
renewal of accreditation less than 90 days
before the date on which the accredited
person's accreditation will expire if--
(a) the ESC is satisfied that it is
appropriate in the circumstances to
accept the application; and
(b) the application is accompanied by the
prescribed fee (if any) for a late
application.
9B Application for renewal made after expiry
(1) An application by a person for renewal of
accreditation made after the expiry of the
person's accreditation is taken to be an
application under section 9(1)(a) for the
grant of accreditation.
(2) In determining whether to grant accreditation
to a person whose accreditation has expired,
the ESC may have regard to any of the
following matters--
(a) the fact that the person was previously
accredited;
(b) the person's compliance with their
obligations as an accredited person;
(c) the prescribed activities undertaken by
the person while accredited.
9C No application if suspended or
disqualified
An accredited person must not apply for
accreditation if the person's accreditation is
suspended or disqualified.".
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Part 2--Accreditation
9 New sections 10A to 10C and Subdivision 2 of
Division 1 of Part 3 inserted
After section 10 of the Principal Act insert--
"10A ESC may request further information
from applicant
(1) The ESC, by notice, may request an
applicant for the grant or renewal of
accreditation to provide within a period (not
less than 14 days) specified in the notice--
(a) evidence as to whether the applicant
is--
(i) a fit and proper person; and
(ii) a competent and capable person;
and
Note
See sections 10B and 10C.
(b) in the case of an application for renewal
of accreditation, the prescribed
activities (if any) undertaken by the
applicant while accredited; and
(c) any other information relevant to the
application.
(2) Time does not accrue for the purposes of
section 12(1) for the period--
(a) commencing on the date of a request
under subsection (1); and
(b) ending on the date on which the
applicant complies with the request.
(3) The ESC may refuse to grant an application
if the applicant fails to comply with a request
under subsection (1) within the period
specified in the notice.
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Part 2--Accreditation
10B Fit and proper person
In determining whether a person is a fit and
proper person, the ESC may have regard to
any relevant matter, including the
following--
(a) a finding of guilt in relation to the
person's commission of an offence
against this Act or regulations made
under it;
(b) a finding of guilt, within the preceding
10 years, in relation to the person's
commission of--
(i) an indictable offence; or
(ii) an offence that, if committed in
Victoria, would constitute an
indictable offence; or
(iii) an offence under any law of the
Commonwealth, or another State
or a Territory, regulating an
energy efficiency regime;
(c) a finding of guilt in relation to the
person's commission of an offence
involving dishonesty or fraud;
(d) a pending charge for an alleged
commission by the person of an offence
specified in paragraph (a), (b) or (c);
(e) a failure to comply with--
(i) any provision of this Act or
regulations made under it; or
(ii) any conditions of accreditation;
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Part 2--Accreditation
(f) any improper or adverse conduct
engaged in by the person, including--
(i) a failure to disclose any
information that has been
requested of the person by the
ESC or that is otherwise required
to be provided under this Act or
regulations made under it; or
(ii) misleading, false or deceptive
conduct;
(g) if the person has been accredited under
this Act or under a law of another State
or Territory or of the Commonwealth
relating to an energy efficiency
program--
(i) a suspension, revocation or
cancellation of accreditation or
disqualification from applying for
accreditation; and
(ii) the reason for the suspension,
revocation, cancellation or
disqualification;
(h) if the person has held an account for the
holding, transfer and surrender of
certificates under this Act or under a
law of another State or Territory or of
the Commonwealth relating to an
energy efficiency program--
(i) a suspension or cancellation of the
person's account; and
(ii) the reason for the suspension or
cancellation;
(i) the person becoming or having been
insolvent;
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Part 2--Accreditation
(j) the person becoming or having been an
officer of an externally-administered
company under the Corporations Act;
(k) a failure to comply with an order or
decision made by--
(i) a court, VCAT or ESC under this
Act; or
(ii) a court or tribunal under a law of
the Commonwealth or another
State or a Territory relating to an
energy efficiency regime;
(l) a failure to disclose any of the above
matters;
(m) any other prescribed matter.
10C Competent and capable person
In determining whether a person is a
competent and capable person for the
purposes of accreditation, the ESC may have
regard to any relevant matter, including the
following--
(a) the skills and expertise of the person
exercising powers and performing
duties as an accredited person,
including undertaking a prescribed
activity;
Example
The ESC may consider the skills and expertise
of a body corporate as a whole and as well as
the skills and expertise of key personnel at the
body corporate.
(b) whether the person has the appropriate
licensing and regulatory approvals for
undertaking a prescribed activity;
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Part 2--Accreditation
(c) whether the person and any contractors
or employees engaged by the person
have appropriate professional
accreditations for undertaking a
prescribed activity or part of a
prescribed activity;
(d) the past performance of the person in
undertaking a prescribed activity;
(e) whether the person has appropriate
policies and practices to ensure a
prescribed activity is undertaken in
compliance with relevant occupational
health and safety legislation;
(f) whether the person has complied with
or incorporated any recommended
practices for creating and executing
contracts in accordance with this Act or
any regulations or guidelines made
under it;
(g) whether the person has complied with
their CPD obligations;
(h) any other prescribed circumstances.
Subdivision 2--Grant of accreditation".
10 ESC to approve or refuse application
After section 11(2) of the Principal Act insert--
"(3) Without limiting subsection (2), the ESC
must refuse a person's application for the
grant or renewal of accreditation if--
(a) the ESC is not satisfied that the person
is a fit and proper person for the
purposes of accreditation; or
(b) the ESC is not satisfied that the person
is a competent and capable person for
the purposes of accreditation; or
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Part 2--Accreditation
(c) the application is not accompanied by
the relevant fee.
(4) In determining an application for the grant or
renewal of accreditation, the ESC may have
regard to any available information about--
(a) any previous conduct of the applicant in
exercising powers and performing
duties as an accredited person; and
(b) the prescribed activities (if any)
undertaken by the applicant while
accredited.
Example
The ESC may have regard to any periods
during which the applicant did not undertake
any prescribed activities.".
11 ESC to allocate registration numbers
(1) In the heading to section 13 of the Principal Act,
for "registration" substitute "accreditation".
(2) In section 13 of the Principal Act--
(a) after "application" insert "for the grant of
accreditation";
(b) in paragraph (a), for "registration" substitute
"accreditation".
12 New sections 13A to 13D inserted
After section 13 of the Principal Act insert--
"13A Notice of approval or refusal of
application
(1) The ESC must provide an applicant for
accreditation or renewal of accreditation
written notice of the ESC's decision to
approve or refuse the application.
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Part 2--Accreditation
(2) A notice of a decision to approve an
application must include--
(a) the date of commencement of
accreditation; and
(b) the date of expiry of accreditation; and
(c) the date by which the accredited person
must apply for the renewal of
accreditation; and
(d) the prescribed activities or class of
prescribed activities for which
accreditation is granted; and
(e) any other conditions of accreditation.
13B Period of accreditation
(1) If the ESC approves an application by a
person for the grant of accreditation, the
accreditation--
(a) commences on the date on which the
ESC approves the application; and
(b) expires 12 months after the date of the
grant of accreditation.
Example
If the ESC approves the grant of accreditation to a
person on 15 May 2025, the person's accreditation
expires on 16 May 2026.
(2) If the ESC approves an application by a
person for the renewal of accreditation, the
accreditation--
(a) commences on the day the person's
accreditation was due to expire; and
(b) expires 12 months after the date of the
commencement of accreditation.
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Part 2--Accreditation
Example
An accredited person's accreditation is due to expire
on 27 April 2026. The ESC approves the person's
renewal of accreditation on 1 February 2026. The
accredited person's accreditation renews on
27 April 2026 and expires on 28 April 2027.
(3) Despite subsection (2)(b), an accredited
person who applies for renewal of their
accreditation before the expiry of their
accreditation remains accredited until the
ESC determines the application.
(4) This section applies subject to any other
provision in relation to the suspension or
cancellation of accreditation.
13C Conditions of accreditation
(1) Accreditation under section 11 is subject to
the condition that the accredited person must
only undertake a prescribed activity or class
of prescribed activity for which accreditation
is granted.
(2) Accreditation under section 11 may be
subject to--
(a) any other prescribed conditions; and
(b) any other conditions that the ESC
considers appropriate in the
circumstances.
(3) The ESC may vary the conditions of
accreditation on the application of the
accredited person.
13D Application to vary conditions of
accreditation
(1) An accredited person may apply to the ESC
in writing for approval to vary the conditions
of accreditation.
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Part 2--Accreditation
(2) Without limiting subsection (1), an
accredited person may apply to the ESC to
vary the prescribed activities or class of
prescribed activities that the accredited
person may undertake.
(3) An application to vary the conditions of
accreditation must be accompanied by the
prescribed fee (if any).".
13 New Subdivision 4 of Division 1 of Part 3 inserted
After section 14C of the Principal Act insert--
"Subdivision 4--Matters relating to
accreditation
14D Duty to disclose matters adverse to
accreditation
(1) An accredited person must not, without
reasonable excuse, fail to disclose to the ESC
any adverse matter within 14 days of
becoming aware of the adverse matter.
Penalty: 20 penalty units.
(2) In this section, a matter is an adverse matter
if it is likely that the ESC, having regard to
the matter, would determine that the person
is not--
(a) a fit and proper person for the purposes
of accreditation; or
(b) a competent and capable person for the
purposes of accreditation.
Note
See sections 10B and 10C.
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Part 2--Accreditation
14E Protection against self-incrimination
It is a reasonable excuse for the purposes of
section 14D(1) for a person to refuse or fail
to disclose an adverse matter within the
meaning of that section if the disclosure of
the adverse matter would tend to incriminate
the person.
14F Continuing professional development
obligations
(1) An accredited person must comply with any
continuing professional development
obligations specified in the ESC guidelines
for the purposes of this section within--
(a) the period 30 March of the year of
accreditation to 29 March next
following; or
(b) any other period specified in the
guidelines.
(2) CPD obligations imposed under
subsection (1) may relate to an accredited
person who is accredited to undertake--
(a) a prescribed activity; or
(b) a class of prescribed activity.
(3) The ESC, by written notice, may at any time
request an accredited person to provide
within a period (not less than 14 days)
specified in the notice any information in
relation to the person's compliance with CPD
obligations within a particular period.".
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Part 2--Accreditation
14 Review of decisions
For items 1, 2 and 3 of the Table in section 56(2)
of the Principal Act substitute--
"1 to refuse an section 11 the applicant
application for
accreditation or
renewal of
accreditation
2 to grant section 11 the applicant
accreditation in
respect of one or
more prescribed
activities
3 to impose section 13C the
conditions on accredited
accreditation person".
relating to the
prescribed
activity or class
of prescribed
activity that
may be
undertaken
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Part 2--Accreditation
15 Review of decisions by VCAT
For items 1, 2 and 3 in the Table in section 56B of
the Principal Act substitute--
"1 to refuse an section 11 the applicant
application
for
accreditation
or renewal of
accreditation
2 to grant section 11 the applicant
accreditation
in respect of
one or more
prescribed
activities
3 to impose section 13C the accredited
conditions on person".
accreditation
relating to the
prescribed
activity or
class of
prescribed
activity that
may be
undertaken
16 Register of accredited persons
(1) After section 58(1)(b) of the Principal Act
insert--
"(ba) the prescribed activities or class of
prescribed activities for which an accredited
person is accredited;".
(2) After section 58(2)(b) of the Principal Act
insert--
"(ba) the prescribed activities or class of
prescribed activities for which an accredited
person is accredited;".
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Part 2--Accreditation
17 Fees
In section 73(2) of the Principal Act--
(a) in paragraph (a), after "accreditation" insert
"or renewal of accreditation";
(b) after paragraph (a) insert--
"(ab) fees for late lodgement of an
application for renewal of accreditation;
(ac) fees for the variation of conditions of
accreditation;".
18 ESC Guidelines
(1) After section 74(2)(a) of the Principal Act
insert--
"(ab) the circumstances in which a person will be
taken to be--
(i) a fit and proper person; and
(ii) a competent and capable person;
(ac) CPD obligations to be complied with by
accredited persons;
(ad) the period in which an accredited person
must comply with CPD obligations;".
(2) After section 74(2)(c) of the Principal Act
insert--
"(ca) matters relating to the creation and execution
of contracts for prescribed activities;".
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Part 2--Accreditation
19 Transitional provisions
After the heading to Division 10 of Part 8 of the
Principal Act insert--
"76A Accreditation transition period
(1) The ESC must declare an accreditation
transition period for the purposes of
sections 76B and 76C.
(2) The accreditation transition period must
commence before the first anniversary of the
date of commencement of section 12 of the
Victorian Energy Efficiency Target
Amendment Act 2022.
76B Expiry of accreditation during
accreditation transition period
(1) Despite section 13B, during the accreditation
transition period, an accredited person's
accreditation expires on the earlier of--
(a) the date declared by the ESC in
accordance with subsection (2); or
(b) the first anniversary of the date of
commencement of the accreditation
transition period.
(2) The ESC may declare that, during the
accreditation transition period, the
accreditation of an accredited person expires
on a specified date.
(3) A declaration under subsection (2) may
relate to an accredited person who is
accredited to undertake--
(a) a prescribed activity; or
(b) a class of prescribed activity.
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Part 2--Accreditation
(4) On making a declaration under
subsection (2), the ESC must--
(a) publish the declaration on the ESC's
internet site; and
(b) give written notice of the declaration to
each accredited person who is
accredited to undertake the specified
prescribed activity or class of
prescribed activity.
(5) In this section--
accreditation transition period means the
period declared by the ESC under
section 76A.
76C Application for renewal of accreditation
during accreditation transition period
(1) Despite section 9A, during the accreditation
transition period, an accredited person must
apply for renewal of accreditation at least
90 days before the date on which the
accredited person's accreditation will expire
under section 76B(1).
(2) During the accreditation transition period,
the ESC may accept an application for
renewal of accreditation less than 90 days
before the date on which the accredited
person's accreditation will expire if--
(a) the ESC is satisfied that it is
appropriate in the circumstances to
accept the application; and
(b) the application is accompanied by the
prescribed fee (if any) for a late
application.
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Part 2--Accreditation
(3) To avoid doubt, during the accreditation
transition period, section 9B applies to an
application by a person for renewal of
accreditation made after the expiry of the
person's accreditation.
(4) In this section--
accreditation transition period means the
period declared by the ESC under
section 76A.".
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Part 3--VEET scheme registry accounts
Part 3--VEET scheme registry accounts
20 Definitions
In section 3(1) of the Principal Act insert the
following definition--
"VEET scheme registry account means an
account maintained by the ESC for the
holding, transfer and surrender of energy
efficiency certificates;".
21 Role of ESC
(1) After section 7(2)(c) of the Principal Act insert--
"(ca) regulate participation in the holding, transfer
and surrender of certificates;
(cb) publish information relating to the holding,
transfer and surrender of certificates;".
(2) For section 7(2)(e) of the Principal Act
substitute--
"(e) monitor compliance with this Act;
(f) publish information about the operation of
this Act.".
(3) After section 7(3) of the Principal Act insert--
"(3A) A report under subsection (3) must include
the prescribed matters relating to the holding,
transfer and surrender of certificates.".
22 New section 7A inserted
After section 7 of the Principal Act insert--
"7A Publishing and reporting information
about certificate transfers
The ESC must publish and maintain on its
internet site prescribed information relating
to the holding, transfer and surrender of
certificates.".
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Part 3--VEET scheme registry accounts
23 Certificates may be transferred
In section 24(1) of the Principal Act, for "any
person" substitute "a person who holds a VEET
scheme registry account".
24 New Division 6 of Part 3 inserted
After Division 5 of Part 3 of the Principal Act
insert--
"Division 6--VEET scheme registry
accounts
26A Application for VEET scheme registry
account
(1) A person may apply to the ESC to open a
VEET scheme registry account.
(2) An application to open a VEET scheme
registry account must--
(a) include a declaration that the applicant
is a fit and proper person for the
purposes of holding a VEET scheme
registry account; and
Note
See section 10B.
(b) in the case of an application by a body
corporate, include details of the officers
of the body corporate; and
(c) include any other information requested
by the ESC; and
(d) be accompanied by the prescribed fee
(if any).
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26B Approval of application
(1) The ESC may approve an application for a
VEET scheme registry account if--
(a) the ESC determines that the applicant is
a fit and proper person for the purposes
of holding a VEET scheme registry
account; and
Note
See section 10B.
(b) the applicant does not hold a VEET
scheme registry account; and
(c) in the case of a body corporate, a
related body corporate within the
meaning of the Corporations Act does
not hold a VEET scheme registry
account; and
(d) the application is accompanied by the
prescribed fee (if any).
(2) If the ESC is not satisfied that an application
for a VEET scheme registry account
complies with subsection (1), the ESC must
refuse the application.
(3) Without limiting subsection (2), the ESC
must refuse a person's application for a
VEET scheme registry account if--
(a) the ESC determines that the person is
not a fit and proper person for the
purposes of holding a VEET scheme
registry account; or
(b) the application is not accompanied by
the relevant fee.
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26C Conditions of approval
Approval of an application to open a VEET
scheme registry account may be subject to--
(a) any prescribed conditions; and
(b) any other conditions that the ESC
considers appropriate in the
circumstances.
26D Suspension of VEET scheme registry
account
(1) The ESC may suspend a person's VEET
scheme registry account for a period of up to
12 months if--
(a) the ESC determines that the person is
not a fit and proper person for the
purposes of holding a VEET scheme
registry account; or
Note
See section 10B.
(b) the person breaches a condition of
holding the VEET scheme registry
account.
(2) The ESC may suspend a VEET scheme
registry account for a further period of up to
12 months.
26E Notice of proposed action
Before suspending a VEET scheme registry
account, the ESC must give the account
holder notice--
(a) advising that the ESC is satisfied that
there are grounds for suspending the
VEET scheme registry account; and
(b) setting out the grounds on which the
ESC relies; and
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(c) inviting a submission from the account
holder to establish why the ESC should
not suspend the VEET scheme registry
account; and
Note
See section 26I which provides a person with
protection against self-incrimination.
(d) advising that the account holder may
make a written submission to the ESC
no later than--
(i) 28 days after the day on which the
person receives the notice; or
(ii) the date specified in the notice.
26F Immediate suspension and notice of
proposed action
(1) Despite section 26E, the ESC may suspend a
VEET scheme registry account without
giving the account holder notice under that
section if the ESC considers that immediate
suspension of the VEET scheme registry
account is necessary, having regard to--
(a) whether the account holder is a fit and
proper person for the purposes of
holding a VEET scheme registry
account; and
(b) the purposes of this Act.
(2) On suspending a VEET scheme registry
account under subsection (1), the ESC must
give the account holder notice--
(a) stating that the ESC is satisfied that
there are grounds for the ESC to
immediately suspend the VEET scheme
registry account; and
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(b) setting out the grounds on which the
ESC relies; and
(c) inviting a submission from the account
holder to establish why the ESC should
not suspend the VEET scheme registry
account; and
(d) advising that the account holder may
make a written submission to the ESC
no later than--
(i) 28 days after the day on which the
person receives the notice; or
(ii) the date specified in the notice.
26G Request for extension of time for
submissions
(1) A person given notice under section 26E
or 26F may request in writing an extension
of time for making a submission to the ESC.
(2) The ESC, by written notice, may extend the
time for making a written submission by no
more than 28 days.
26H Request by ESC for further information
(1) The ESC, by written notice, may request a
person who holds a VEET scheme registry
account to provide within a period (not less
than 14 days) specified in the notice--
(a) evidence as to whether the person is a
fit and proper person for the purposes
of holding a VEET scheme registry
account; and
Note
See section 10B.
(b) any other information relevant to
whether the person should hold a VEET
scheme registry account.
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(2) Time does not accrue for the purposes of
section 26J for the period--
(a) commencing on the date of a request
under subsection (1); and
(b) ending on the date on which the person
complies with the request.
26I Protection against self-incrimination
A person may refuse or fail to comply with a
request under section 26H if the disclosure of
the information to the ESC would tend to
incriminate the person.
26J Time for making decision
The ESC must make a decision under
section 26K--
(a) if the person has made a submission to
the ESC, within 28 days of receiving
the submission; or
(b) if the person has not made a submission
to the ESC within the specified time
period, within 10 days of the end of that
period.
26K Decision of ESC after giving notice
(1) After giving notice to an account holder
under section 26E or 26F and considering
any submissions made by the account holder
and any other available information, the ESC
may--
(a) cancel any suspension imposed under
section 26F; or
(b) suspend the VEET scheme registry
account under section 26D; or
(c) take no further action.
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(2) The ESC must give an account holder a
statement of written reasons for a decision to
suspend a VEET scheme registry account.
(3) Any period of suspension imposed under
section 26F until the date of the ESC's
decision under this section is to be deducted
from a period of suspension under
subsection (1)(b).
26L ESC may impose conditions at end of
suspension
If the ESC suspends a person's VEET
scheme registry account under this Division,
at the end of the period of suspension the
ESC may impose a condition or restriction
on the person's VEET scheme registry
account.
26M Cancellation of VEET scheme registry
account
The ESC may cancel a VEET scheme
registry account held by a person if the ESC
is satisfied, having regard to the
circumstances of the case and any other
previous suspensions or cancellations of the
person's VEET scheme registry account--
(a) that suspension of the person's VEET
scheme registry account is inadequate;
and
(b) it is necessary to cancel the person's
VEET scheme registry account.
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26N Permission to transfer or surrender
certificates while account cancelled or
suspended
The ESC, by written notice, may authorise a
person to transfer or surrender certificates for
the period specified in the notice if--
(a) the person's VEET scheme registry
account is cancelled or suspended; and
(b) in the circumstances, the ESC considers
it appropriate to allow the person to
transfer or surrender certificates.
26O Offence to hold certificate without account
A person must not hold a certificate if the
person does not have a VEET scheme
registry account.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
26P Offence to transfer or surrender
certificate in certain circumstances
A person must not transfer or surrender a
certificate if the person--
(a) has a VEET scheme registry account
that is suspended or cancelled; and
(b) does not have authority under
section 26N to transfer or surrender
certificates.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.".
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25 Review of decisions
For item 8 of the Table in section 56(2) of the
Principal Act substitute--
"8 to refuse to section 26B the
approve an applicant
application for
a VEET
scheme
registry
account
9 to suspend a section 26D the
VEET scheme account
registry holder
account
10 to cancel a section 26M the
VEET scheme account
registry holder".
account
26 Review of decisions by VCAT
For item 8 in the Table in section 56B of the
Principal Act substitute--
"8 to refuse to section 26B the
approve an applicant
application for
a VEET
scheme
registry
account
9 to suspend a section 26D the
VEET scheme account
registry holder
account
10 to cancel a section 26M the
VEET scheme account
registry holder".
account
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27 Fees
After section 73(2)(e) of the Principal Act
insert--
"(ea) fees for opening a VEET scheme registry
account;".
28 Transitional provisions
Before section 77 of the Principal Act insert--
"76D VEET scheme registry account transition
period
(1) A VEET scheme registry account transition
period applies for the purposes of this section
and section 76E for the period--
(a) commencing on the commencement
date; and
(b) ending on the earlier of--
(i) the date declared by the ESC; or
(ii) the first anniversary of the
commencement date.
(2) For the purposes of subsection (1)(b)(i), the
ESC may declare a date that is earlier than
the first anniversary of the commencement
date.
(3) On making a declaration under
subsection (2), the ESC must--
(a) publish the declaration on the ESC's
internet site; and
(b) use best efforts to give written notice of
the declaration to each existing
certificate holder.
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(4) In this section--
commencement date means the date of
commencement of section 24 of the
Victorian Energy Efficiency Target
Amendment Act 2022;
existing certificate holder means a person
who--
(a) held a certificate immediately
before the commencement date;
and
(b) continues to hold the certificate on
the commencement date.
Note
See section 76E for when a person ceases to be
an existing certificate holder.
76E VEET scheme registry account transition
period--existing certificate holders
(1) During the VEET scheme registry account
transition period--
(a) an existing certificate holder may hold,
transfer or surrender certificates; and
(b) despite section 24(1), a person may
transfer a certificate to an existing
certificate holder; and
(c) section 26O does not apply to an
existing certificate holder; and
(d) the ESC cannot cancel or suspend the
holding, transfer or surrender of
certificates by the existing certificate
holder.
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(2) An existing certificate holder must, before
the end of the VEET scheme registry account
transition period--
(a) apply for a VEET scheme registry
account; or
(b) transfer or surrender any certificate
held by the existing certificate holder.
(3) If an existing certificate holder has applied
for a VEET scheme registry account before
the transition period end date and the ESC
has not determined the application before the
transition period end date, this section
continues to apply to the existing certificate
holder until the date on which the ESC
determines the application.
(4) A person who applies for a VEET scheme
registry account ceases to be an existing
certificate holder if--
(a) the ESC has determined the
application; and
(b) the person has transferred or
surrendered all of the certificates held
by the person into a VEET scheme
registry account.
(5) In this section--
existing certificate holder has the same
meaning as in section 76D;
transition period end date means the date
declared by the ESC under
section 76D(2);
VEET scheme registry account transition
period means transition period declared
by the ESC in accordance with
section 76D.
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76F Savings provision--Victorian Energy
Efficiency Target Amendment Act 2022
Despite the insertion of section 7(3A) by
section 21 of the Victorian Energy
Efficiency Target Amendment Act 2022,
section 7(3A) does not apply to a report
provided or requested under section 7(3)
before the first anniversary of the
commencement of section 21 of the
Victorian Energy Efficiency Target
Amendment Act 2022.".
29 Items in Table in Schedule 1 to Act substituted
For items 7 and 8 in the Table in Schedule 1 to the
Principal Act substitute--
"7 Holding a section 26O any 60 penalty
certificate person units for
without a natural
VEET person;
scheme 240
registry penalty
account units for
body
corporate
8 Transferring section 26P account 60 penalty
or holder units for
surrendering natural
a certificate person;
while VEET 240
scheme penalty
registry units for
account is body
cancelled or corporate".
suspended
without
authority to
do so
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Part 4--Extension of VEET Scheme
Part 4--Extension of VEET Scheme
30 When can a certificate be created?
In section 17(1) of the Principal Act, for
"January 2030" substitute "January 2031".
31 Energy efficiency certificate shortfall
In section 27(2) of the Principal Act, for
"January 2030" substitute "January 2031".
32 VEET scheme target
In section 30(g) of the Principal Act, for
"December 2029" substitute "December 2030".
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Part 5--Compliance and enforcement
Part 5--Compliance and enforcement
Division 1--Code of conduct
33 Definitions
In section 3(1) of the Principal Act insert the
following definitions--
"code of conduct means a code of conduct
prescribed in accordance with section 14G;
contractor includes a subcontractor;
regulated action, in relation to a prescribed
activity, means any of the following--
(a) lead generation for the prescribed
activity;
(b) marketing of the prescribed activity;
(c) entering into a contract for the sale or
supply of the prescribed activity;
(d) undertaking the prescribed activity or
any part of the prescribed activity;
(e) undertaking any follow-up activity that
relates to a prescribed activity;
scheme participant has the meaning given by
section 3A;".
34 New section 3A inserted
After section 3 of the Principal Act insert--
"3A Meaning of scheme participant
(1) A scheme participant, in relation to a
prescribed activity, is a person (other than an
accredited person or a consumer of
electricity or gas) who--
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Part 5--Compliance and enforcement
(a) undertakes the prescribed activity or
any part of the prescribed activity on
behalf of an accredited person,
including as--
(i) an employee of an accredited
person; or
(ii) a contractor of an accredited
person; or
(iii) an employee of a contractor of an
accredited person; or
(b) undertakes any regulated action in
respect of the prescribed activity.
(2) A person who is purporting to undertake any
part of a prescribed activity on behalf of an
accredited person is taken to be a scheme
participant if--
(a) the accreditation of the accredited
person is suspended or has expired or
been cancelled; or
(b) the activity does not meet the
requirements of a prescribed activity.".
35 New sections 14G and 14H inserted
Before Division 2 of Part 3 of the Principal Act
insert--
"14G Prescribed code of conduct
(1) The regulations may prescribe a code of
conduct for accredited persons and scheme
participants who undertake--
(a) a prescribed activity or any part of a
prescribed activity; or
(b) a regulated action.
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(2) Without limiting subsection (1), the code of
conduct may impose requirements relating to
any of the following matters--
(a) the manner and form in which
prescribed activities may be promoted;
(b) engaging with consumers of gas and
electricity;
(c) the provision of information about
prescribed activities, regulated actions
and other related matters;
(d) processes to be complied with when
undertaking a prescribed activity or
regulated action;
(e) dispute resolution processes in relation
to a prescribed activity or regulated
action.
(3) For the purposes of section 14H, the
regulations may prescribe any requirement
specified in the code of conduct to be a
requirement that must be complied with in
the undertaking of a prescribed activity or
regulated action.
14H Offence to contravene prescribed code of
conduct requirement
A person who is undertaking a prescribed
activity or a regulated action must not
contravene a prescribed code of conduct
requirement that applies to the prescribed
activity or regulated action.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.".
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36 Regulations
After section 75(1)(g) of the Principal Act
insert--
"(ga) prescribing a code of conduct;
(gb) prescribing code of conduct requirements
that must be complied with when
undertaking a prescribed activity or a
regulated action;".
37 Items in Table in Schedule to Act substituted
For item 1 in the Table in the Schedule to the
Principal Act substitute--
"1 Breach of section accredited 60 penalty
prescribed 14H person or units for
code of scheme natural
conduct participant person;
requirement 240
penalty
units for
body
corporate".
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Division 2--Suspension and offences
38 Sections 14 and 14A substituted
For sections 14 and 14A of the Principal Act
substitute--
"Subdivision 3--Suspension,
cancellation and disqualification from
accreditation
14 Suspension or cancellation of
accreditation or disqualification from
applying for accreditation
(1) The ESC may take an action referred to in
subsection (2) in respect of an accredited
person if the ESC believes on reasonable
grounds that the accredited person--
(a) has committed an offence against this
Act; or
(b) has breached an undertaking given to
the ESC under section 10(2); or
(c) has created certificates that do not
comply with the requirements of this
Act or regulations made under it; or
(d) has failed to comply with the
requirements of this Act or regulations
made under it relating to the recording
or undertaking of prescribed activities;
or
(e) has obtained accreditation improperly;
or
(f) has contravened a condition or
restriction imposed under section 14B
or 40A; or
(g) has failed to comply with an order
under section 40; or
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Part 5--Compliance and enforcement
(h) has contravened the person's
obligations under section 55F or 55J; or
(i) has contravened a condition or
restriction imposed under section 55Q;
or
(j) is no longer, for the purposes of
accreditation--
(i) a fit and proper person; or
(ii) a competent and capable person.
Note
See sections 10B and 10C.
(2) The ESC, by written notice, may do any of
the following in respect of the accreditation
of an accredited person specified in
subsection (1)--
(a) suspend the person's accreditation for
the period (not exceeding 12 months)
specified in the notice;
(b) cancel the person's accreditation;
(c) cancel the person's accreditation and
disqualify the person from applying for
renewal of accreditation for the period
(not exceeding 5 years) specified in the
notice.
(3) Subject to subsection (2), the ESC may
specify a period of suspension or
disqualification that the ESC considers to be
appropriate in the circumstances.
(4) The ESC must not take the action referred to
in subsection (2)(c) unless the ESC is
satisfied that, in the circumstances
suspension or cancellation of accreditation is
not adequate.
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14A Notice of proposed action
Before taking an action against an accredited
person under section 14, the ESC must give
the accredited person written notice--
(a) advising that the ESC is satisfied that
there are grounds for taking an action
under that section; and
(b) setting out the grounds on which the
ESC relies; and
(c) inviting a submission from the person
to establish why the ESC should not
take the action that it is proposing to
take; and
(d) advising that the person may make a
written submission to the ESC no later
than--
(i) 28 days after the day on which the
person receives the notice; or
(ii) the date specified in the notice.
14AB Immediate suspension and notice of
proposed action
(1) Despite section 14A, the ESC may suspend
the accreditation of an accredited person
without giving the accredited person a notice
under that section if the ESC considers that
immediate suspension of the person's
accreditation is necessary, having regard
to--
(a) whether the person is a fit and proper
person for the purposes of
accreditation; and
(b) whether the person is a competent and
capable person for the purposes of
accreditation; and
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(c) the purposes of this Act.
(2) On suspending the accreditation of an
accredited person under subsection (1), the
ESC must give to the accredited person
written notice--
(a) stating that the ESC is satisfied that
there are grounds for the ESC to--
(i) immediately suspend the person's
accreditation; and
(ii) take an action under section 14;
and
(b) setting out the grounds on which the
ESC relies; and
(c) inviting a submission from the person
to establish why the ESC should not
take the action under section 14 that it
is proposing to take; and
(d) advising that the person may make a
written submission to the ESC no later
than--
(i) 28 days after the day on which the
person receives the notice; or
(ii) the date specified in the notice.
Note
See section 14AE which provides protection against
self-incrimination.
14AC Request for extension of time for
submissions
(1) A person given notice under section 14A
or 14AB may request in writing an extension
of time for making a submission to the ESC.
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(2) The ESC, by written notice, may extend the
time within which the person may make a
written submission by no more than 28 days.
14AD Request by ESC for further information
(1) The ESC, by written notice, may request an
accredited person to provide within a period
(not less than 14 days) specified in the
notice--
(a) evidence as to whether the accredited
person is--
(i) a fit and proper person; and
(ii) a competent and capable person;
and
Note
See sections 10B and 10C.
(b) any other information relevant to
person's conduct as an accredited
person.
(2) Time does not accrue for the purposes of
section 14AF for the period--
(a) commencing on the date of a request
under subsection (1); and
(b) ending on the date on which the
applicant complies with the request.
14AE Protection against self-incrimination
A person may refuse or fail to comply with a
request under section 14AD(1) of the
disclosure of information to the ESC would
tend to incriminate the person.
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14AF Time for making determination
The ESC must determine whether to take an
action under section 14--
(a) if the accredited person has made a
submission to the ESC, within 28 days
of receiving the submission; or
(b) if the accredited person has not made a
submission to the ESC within the
specified time period, within 10 days of
the end of that period.
14AG Decision of ESC
(1) After giving notice to an accredited person
under section 14A or 14AB and considering
any submissions made by the person and any
other available information, the ESC may--
(a) cancel any suspension imposed under
section 14AB(1); or
(b) take any action under section 14; or
(c) take no further action.
(2) The ESC must give an accredited person a
statement of written reasons for a decision to
take any action under section 14 in respect of
the accredited person.
(3) If the ESC determines to suspend the
accreditation of an accredited person for a
specified period, any period of suspension
imposed under section 14AB(1) until the
date of the ESC's determination under this
section is to be deducted from the specified
period of suspension.".
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39 New sections 15A and 15B inserted
After section 15 of the Principal Act insert--
"15A Offence to undertake prescribed activity
without accreditation
A person (other than a scheme participant)
must not undertake a prescribed activity or
any part of a prescribed activity if--
(a) the person is not accredited to
undertake the prescribed activity; or
(b) the undertaking of the prescribed
activity or any part of the prescribed
activity is contrary to a condition of the
person's accreditation; or
(c) the person's accreditation is suspended
or has expired or been cancelled.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
15B Offence to undertake prescribed activity
on behalf of person without accreditation
A person (other than an accredited person)
must not undertake a prescribed activity or
any part of a prescribed activity on behalf of
another person, whether as an employee,
contractor or employee of a contractor of that
other person, if--
(a) the other person is not accredited to
undertake the prescribed activity; or
(b) the undertaking of the prescribed
activity or any part of the prescribed
activity is contrary to a condition of the
other person's accreditation; or
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Part 5--Compliance and enforcement
(c) the other person's accreditation is
suspended or has expired or been
cancelled.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.".
40 New section 20A inserted
After section 20 of the Principal Act insert--
"20A Offence to create certificate in certain
circumstances
A person must not create a certificate in
contravention of a condition or restriction of
the person's accreditation.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.".
41 New section 37A inserted
After section 37 of the Principal Act insert--
"37A Offence to contravene shortfall statement
A person must comply with a shortfall
statement issued to the person under
section 36.
Penalty: 240 penalty units.".
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42 Review of decisions
For items 4, 5 and 6 of the Table in section 56(2)
of the Principal Act substitute--
"4 to suspend a section 14 the accredited
person's person
accreditation
5 to cancel a section 14 the accredited
person's person
accreditation
6 to disqualify a section 14 the
person from disqualified
applying for person."
renewal of
accreditation
for a specified
period
43 Review of decisions by VCAT
For items 4, 5 and 6 of the Table in section 56B of
the Principal Act substitute--
"4 to suspend a section 14 the accredited
person's person
accreditation
5 to cancel a section 14 the accredited
person's person
accreditation
6 to disqualify a section 14 the
person from disqualified
applying for person."
renewal of
accreditation
for a specified
period
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No. of 2022
Part 5--Compliance and enforcement
44 Items in Table in Schedule 1 to Act substituted
(1) For items 2 and 3 in the Table in Schedule 1 to the
Principal Act substitute--
"2 Undertaking section 15A accredited 60 penalty
a prescribed person or units for
activity person natural
without who is not person;
accreditation accredited 240
or outside of to penalty
scope of undertake units for
accreditation the body
prescribed corporate
activity
3 Undertaking section 15B scheme 60 penalty
a prescribed participant units for
activity on natural
behalf of person;
person who 240
does not have penalty
accreditation units for
or outside of body
scope of their corporate".
accreditation
(2) For item 6 in the Table in Schedule 1 to the
Principal Act substitute--
"6 Creation of section 20A accredited 60 penalty
certificate in person units for
breach of a natural
condition or person;
restriction 240
on penalty
accreditation units for
body
corporate."
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(3) For item 9 in the Table in Schedule 1 to the
Principal Act substitute--
"9 Failure to section 37A relevant 240 penalty
pay shortfall entity units for
penalty in body
accordance corporate."
with
shortfall
statement
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Division 3--Civil Penalty Requirements
45 New section 6A inserted
After section 6 of the Principal Act insert--
"6A Relevant legislation
For the purposes of the Essential Services
Commission Act 2001--
(a) this Act is relevant legislation; and
(b) the VEET scheme is a regulated
industry.".
46 New Part 6A inserted
After Part 6 of the Principal Act insert--
"Part 6A--Civil penalty
requirements
40B Civil penalty requirements
(1) The Table in Schedule 1 sets out civil
penalty requirements for the purposes of the
Essential Services Commission Act 2001
and, for each civil penalty requirement--
(a) the provision which is a civil penalty
requirement; and
(b) the regulated entity that is subject to the
civil penalty requirement.
(2) A provision specified in column 3 of the
Table in Schedule 1 constitutes a civil
penalty requirement for the purposes of the
Essential Services Commission Act 2001.
Note
For matters relating to contraventions of provisions
that are offences and civil penalty requirements, see
Subdivision 4 of Division 1 of Part 7 of the Essential
Services Commission Act 2001.
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(3) A person or entity specified in column 4 of
the Table in Schedule 1 is a regulated entity
for the purposes of Divisions 1 and 2 of
Part 7 and 54ZN of the Essential Services
Commission Act 2001.
(4) An amount specified in column 5 of the
Table in Schedule 1 is a civil penalty amount
for the purposes of section 54E(f) of the
Essential Services Commission Act 2001.
40C Notice penalties
For the purposes of section 54T(1)(a)(ii) and
(b)(ii) of the Essential Services
Commission Act 2001, the regulations may
prescribe the notice penalty for a
contravention by a regulated entity of a civil
penalty requirement specified in column 3 of
the Table in Schedule 1.
40D Contravening a civil penalty provision is
not an offence
To avoid doubt, a contravention of a civil
penalty provision is not an offence.".
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47 New Schedule to Act inserted
At the end of the Principal Act insert the
following Schedule--
"Schedule 1--Table of civil penalty
requirements and civil penalty
amounts
Table of civil penalty requirements and civil penalty
amounts
1 2 3 4 5
Item Description Provision of the Regulated Civil penalty
of civil Act that is a entity amount
penalty civil penalty
requirement requirement
1 * * * *
2 * * * *
3 * * * *
4 Creation of section 20(5)(a) accredited 60 penalty
more than person units for
one natural person;
certificate in 240 penalty
respect of units for body
reduction of corporate
greenhouse
gas
emissions
5 Creation of section 20(6) accredited 60 penalty
certificate in person units for
respect of a natural person;
prescribed 240 penalty
activity for units for body
which a corporate
benefit has
already been
obtained
6 * * * *
7 * * * *
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Table of civil penalty requirements and civil penalty
amounts
8 * * * *
9 * * * *
10 Failure to section 38(2) accredited 600 penalty
comply with person to units and an
a certificate whom the additional
surrender ESC has penalty unit
order issued issued a for each
under certificate certificate not
section 38(1) surrender surrendered
notice in
accordance
with
section
38(1)
11 Failure to section 40(2) person to 600 penalty
comply with whom the units and an
a certificate ESC has additional
surrender issued a penalty unit
notice issued certificate for each
under surrender certificate not
section 40(1) notice in surrendered.
accordance
with
section
40(1)
".
48 Regulations
After section 75(1)(h) of the Principal Act
insert--
"(ha) prescribing the notice penalty for a
contravention by a regulated entity of a civil
penalty requirement specified in column 3 of
the Table in Schedule 1;".
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Part 6--Audits
49 Definitions
In section 3(1) of the Principal Act insert the
following definitions--
"assurance audit means an audit conducted under
Division 2 of Part 7A;
assurance audit schedule means a schedule
published in accordance with section 55K;
compliance audit means an audit conducted under
Division 1 of Part 7A;
independent auditor means an auditor included in
the list of independent auditors;
list of independent auditors means the list
published by the ESC in accordance with
section 55L;".
50 Role of ESC
For section 7(2)(d) of the Principal Act
substitute--
"(d) undertake compliance audits of accredited
persons;
(da) administer the conduct of independent
compliance audits and independent
assurance audits;".
51 Repeal of section 19A
Section 19A of the Principal Act is repealed.
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52 New Part 7A inserted
After Part 7 of the Principal Act insert--
"Part 7A--Audits
Division 1--Compliance audits
55A Compliance audit
(1) If the ESC has reasonable grounds to suspect
that an accredited person has contravened a
provision of this Act or regulations made
under it, the ESC may--
(a) conduct an audit of the accredited
person's compliance with this Act and
regulations made under it; or
(b) require the accredited person to appoint
an independent auditor to audit the
accredited person's compliance with
this Act and regulations made under it.
(2) A compliance audit may relate to one or
more matters.
55B Notice of compliance audit by ESC
Before conducting a compliance audit of an
accredited person, the ESC must give the
accredited person written notice of the
following--
(a) the matters to be covered by the
compliance audit;
(b) the date or dates on which the audit will
be conducted;
(c) the accredited person's obligation to
cooperate with the ESC for the conduct
of the compliance audit.
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55C Report of compliance audit by ESC
(1) The ESC must prepare an audit report on the
completion of conducting a compliance audit
of an accredited person.
(2) The ESC must provide the accredited person
with a copy of the audit report within
90 days of the finalisation of the audit report.
55D Notice of compliance audit by
independent auditor
(1) If the ESC requires an accredited person to
appoint an independent auditor to conduct a
compliance audit, the ESC must give the
accredited person written notice of the
following--
(a) the requirements for appointing an
independent auditor to conduct the
compliance audit;
(b) the requirement for the independent
auditor, when conducting a compliance
audit, to comply with any matters
specified in the ESC guidelines for the
purposes of this Division;
(c) the matters to be covered by the
compliance audit;
(d) the required form of the audit report;
(e) the matters to be addressed by the audit
report;
(f) the timeframe in which the audit report
must be provided to the ESC.
(2) A written notice under subsection (1) must
be accompanied by a copy of the applicable
ESC guidelines.
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55E Independent auditor must comply with
guidelines
An independent auditor who conducts a
compliance audit of an accredited person
must comply with the matters specified in
the ESC guidelines for the purposes of this
Division.
55F Obligations of accredited person
(1) An accredited person who appoints an
independent auditor to conduct a compliance
audit must--
(a) comply with the requirements of the
notice under section 55D; and
(b) cooperate with the independent auditor
in the conduct of the compliance audit.
(2) An accredited person is responsible for the
costs associated with the compliance audit.
(3) An accredited person must ensure that the
ESC is provided with a copy of the audit
report by the date specified in the notice
under section 55D.
Division 2--Assurance audits
55G Assurance audit
(1) The ESC may require an accredited person to
obtain an independent audit of the reliability,
accuracy and completeness of a matter
specified by the ESC.
(2) An assurance audit may relate to one or more
matters.
(3) An accredited person must appoint an
independent auditor to conduct an assurance
audit when required by the ESC.
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55H Notice of assurance audit by independent
auditor
(1) If the ESC requires an accredited person to
appoint an independent auditor to conduct an
assurance audit, the ESC must give the
accredited person written notice of the
following--
(a) the requirements for appointing an
independent auditor to conduct the
assurance audit;
(b) the requirement for the independent
auditor, when conducting an assurance
audit, to comply with the matters
specified in the ESC guidelines for the
purposes of this Part;
(c) the matters to be covered by the
assurance audit;
(d) the required form of the audit report;
(e) the matters to be addressed by the audit
report;
(f) the timeframe in which the assurance
audit report must be provided to the
ESC.
(2) A written notice under subsection (1) must
be accompanied by a copy of the applicable
ESC guidelines.
55I Independent auditor must comply with
guidelines
An independent auditor who conducts an
assurance audit of an accredited person must
comply with the matters specified in the ESC
guidelines for the purposes of this Division.
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55J Obligations of accredited person
(1) An accredited person who appoints an
independent auditor to conduct an assurance
audit must--
(a) comply with the requirements of the
notice under section 55H; and
(b) cooperate with the independent auditor
in the conduct of the assurance audit.
(2) An accredited person is responsible for the
costs associated with an assurance audit.
(3) An accredited person must ensure that the
ESC is provided with a copy of the audit
report by the date specified in the notice
under section 55H.
Note
See section 55P which provides a person with protection
against self-incrimination.
55K Schedule for conduct of assurance audits
(1) The ESC must prepare and administer a
schedule for the conduct of assurance audits
of accredited persons to ensure that an
accredited person is audited at regular
intervals.
(2) The audit schedule must provide for the
conduct of an assurance audit of an
accredited person at least once every 2 years.
(3) The audit schedule must be published on the
ESC's internet site.
(4) The ESC must review and update the audit
schedule at least once every 12 months.
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Division 3--Auditor requirements
55L List of independent auditors
(1) The ESC must publish and maintain on the
ESC's internet site a list of independent
auditors.
(2) The ESC must not include an auditor in the
list of independent auditors unless the ESC is
satisfied that the auditor--
(a) has the relevant skills, competencies
and qualifications to conduct assurance
audits or compliance audits in
accordance with this Part; and
(b) has undertaken training or has
sufficient knowledge or experience in
relation to the VEET scheme.
(3) At any time, the ESC may require an auditor
who is included in the list of independent
auditors to undertake training in relation to
the VEET scheme.
(4) The ESC may remove an auditor from the
list of independent auditors if the ESC
believes on reasonable grounds that the
auditor--
(a) no longer satisfies the requirements
specified in subsection (2)(a) or (b); or
(b) in the conduct of a compliance audit or
assurance audit, has contravened any
applicable requirements of this Act or
regulations or guidelines made under it.
55M Appointment of independent auditor
(1) An accredited person must not appoint an
auditor to conduct a compliance audit or an
assurance audit unless the auditor is included
on the list of independent auditors.
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(2) The ESC may specify in guidelines the
number of consecutive times that an
accredited person can appoint the same
auditor to conduct a compliance audit.
Division 4--Other matters relating to
audits
55N Offence to provide false or misleading
information to auditor
A person must not, without reasonable
excuse, give information to an auditor
conducting a compliance audit or an
assurance audit that the person knows or
believes to be false or misleading in a
material particular.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
55O Offence to withhold information from
auditor
A person who is required to disclose
information to an auditor for the purposes of
a compliance audit or an assurance audit
must not, without reasonable excuse,
withhold the information from or otherwise
fail to disclose the information to the auditor.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
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55P Protection against self-incrimination
It is a reasonable excuse for the purposes of
section 55O or 55N for a person to refuse or
fail to disclose information or produce a
document to an auditor if the disclosure of
the information or production of the
document would tend to incriminate the
person.
55Q Conditions or restrictions of accreditation
(1) The ESC may impose a condition or a
restriction on the accreditation of an
accredited person if--
(a) an auditor has conducted a compliance
audit or assurance audit of the
accredited person; and
(b) the accredited person has not met the
required standards for one or more
matters addressed by the audit.
(2) A condition or restriction imposed under
subsection (1) may be--
(a) a prescribed condition or restriction; or
(b) any other condition or restriction that
the ESC considers appropriate in the
circumstances.
(3) The ESC may vary the conditions or
restrictions of accreditation on the
application of the accredited person under
section 13D.
55R ESC may publish audit information
(1) The ESC may publish on the ESC's internet
site information about compliance audits and
assurance audits conducted for accredited
persons.
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(2) Information must not be published under
subsection (1) about an accredited person
unless the auditor did not identify any
significant issues in the conduct of an audit
of the accredited person.".
53 Records to be kept by accredited persons and
relevant entities
In section 72(5) and (6) of the Principal Act, for
"revoked" substitute "cancelled".
54 ESC Guidelines
For section 74(2)(e) of the Principal Act
substitute--
"(e) the auditing by the ESC of compliance
with this Act and regulations made
under it;
(ea) the conduct of a compliance audit by an
independent auditor;
(eb) the conduct of an assurance audit by an
independent auditor;".
55 Transitional provisions
After section 77 of the Principal Act insert--
'78AA References to revoke or revocation--
Victorian Energy Efficiency Target
Amendment Act 2022
A reference in regulations made under this
Act or any instrument made under or in
relation to this Act--
(a) to "revoke" is taken to be a refence to
"cancel"; and
(b) to "cancellation" is taken to be a
reference to "revocation".
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78AB Assurance audit schedule--Victorian
Energy Efficiency Target Amendment
Act 2022
The ESC must prepare an assurance audit
schedule in accordance with section 55K
before the first anniversary of the
commencement of section 52 of the
Victorian Energy Efficiency Target
Amendment Act 2022.'.
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Part 7--Review of decision making
Part 7--Review of decision making
56 Review of decisions
(1) In the heading to section 56 of the Principal Act,
after "decisions" insert "by ESC".
(2) In section 56(2) of the Principal Act, after
"decisions" insert "for the purposes of this
section".
(3) For the Table in section 56(2) of the Principal Act
substitute--
"Table of reviewable decisions
Item For a made the affected
decision... under... person is...
1 to refuse an section 11 the applicant
application for
accreditation
2 * * *
3 * * *
4 to suspend a section 14 the accredited
person's or 14A person
accreditation
5 to revoke a section the accredited
person's 14A person
accreditation
6 * * *
7 not to register section 22 the person who
a certificate or created the
multiple certificate or
certificates certificates
8 * * *
9 * * *
10 * * *
".
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(4) After section 56(2) of the Principal Act insert--
"(2A) The regulations may prescribe--
(a) a decision under this Act or regulations
made under it to be a reviewable
decision; and
(b) a person or body to be an affected
person.".
(5) For section 56(5) of the Principal Act
substitute--
"(5) The ESC must provide an affected person
with written notice of the ESC's decision
under subsection (4) within 40 business days
after the request to reconsider the decision is
received by the ESC.
(5A) A notice of a decision under this section
must include the reasons for the decision.".
57 New sections 56A to 56E inserted
After section 56 of the Principal Act insert--
"56A Conduct of internal review
A review of a reviewable decision under
section 56 may be conducted by--
(a) the ESC; or
(b) a person delegated the function under
section 26 of the Essential Services
Commission Act 2001.
56B Review of decisions by VCAT
(1) An affected person in relation to a
reviewable decision may apply to VCAT for
a review of the decision.
(2) The following Table sets out the reviewable
decisions for the purposes of this section
and, for each decision, sets out the provision
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under which it is made and the affected
person in relation to that reviewable
decision.
Table of reviewable decisions
Item For a made the affected
decision... under... person is...
1 to refuse an section 11 the applicant
application for
accreditation
2 * * *
3 * * *
4 to suspend a section 14 the accredited
person's or 14A person
accreditation
5 to revoke a section the accredited
person's 14A person
accreditation
6 * * *
7 not to register section 22 the person
a certificate or who created
multiple the certificate
certificates or certificates
8 * * *
9 * * *
10 * * *
11 prescribed to the the prescribed
be a prescribed applicant
reviewable section
decision for
the purposes of
section 56
(3) An application by an affected person must be
made within 28 days of the later of--
(a) the decision that is the subject of the
application; or
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(b) if, under section 45 of the Victorian
Civil and Administrative Tribunal
Act 1998, the person requests a
statement of reasons for the decision,
the day on which--
(i) the statement of reasons is given
to the person; or
(ii) the person is informed under
section 46(5) of that Act that a
statement of reasons will not be
given.
56C Person must seek internal review first
A person must not seek a review by VCAT
under section 56B in relation to a reviewable
decision within the meaning of that section
unless the person--
(a) has sought an internal review of the
decision by the ESC under section 56;
and
(b) has received written notice of the ESC's
decision under section 56(4).
56D Proceedings for review by VCAT
On an application under section 56A in
relation to a reviewable decision within the
meaning of that section, VCAT may--
(a) affirm the decision of the ESC; or
(b) set aside the decision of the ESC and
remit the matter to the ESC for
reconsideration of the decision in
accordance with any directions or
recommendations of VCAT.
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56E ESC to give effect to VCAT decisions
The ESC must take such action as is
necessary to give effect to a decision of
VCAT.".
58 Transitional provision
After section 77 of the Principal Act insert--
"78 Reviewable decisions--Victorian Energy
Efficiency Target Amendment Act 2022
(1) Despite the amendment of Division 1 of
Part 8 by Part 7 of the Victorian Energy
Efficiency Target Amendment Act 2022,
that Division, as in force immediately before
the commencement date, continues to apply
to the review by the ESC of a reviewable
decision that is on foot on the
commencement date.
(2) Subject to subsection (1), section 56, as
amended by Part 7 of the Victorian Energy
Efficiency Target Amendment Act 2022,
applies to a decision of the ESC made
before, on or after the commencement date.
(3) Section 56B, as inserted by Part 7 of the
Victorian Energy Efficiency Target
Amendment Act 2022, applies to a
reviewable decision for which the ESC has
made a decision under section 56(4) on or
after the commencement date.
(4) In this section--
commencement date means the date of
commencement of Part 7 of the
Victorian Energy Efficiency Target
Amendment Act 2022.".
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Part 8--Miscellaneous amendments
Part 8--Miscellaneous amendments
Division 1--Amendments relating to certificates
and other matters
59 Who may create a certificate?
(1) For section 16(1) and (2) of the Principal Act
substitute--
"(1) Subject to sections 17 and 18, any of the
following persons may create a certificate in
relation to a prescribed activity if the person
is an accredited person--
(a) the consumer of electricity or gas in
respect of whom the prescribed activity
is undertaken;
(b) if the prescribed activity is the sale of
an appliance or any equipment which
has an efficiency rating prescribed as a
high efficiency rating for an appliance
or equipment of that kind or class, the
person who sells the appliance or
equipment;
(c) a person who is the holder of an
assignment of a right to create a
certificate made by a person referred to
in paragraph (a) or (b).
(2) For the purposes of subsection (1)(a), the
owner of a premises who is not a consumer
of electricity or gas at the premises is taken
to be the consumer if the owner--
(a) is the landlord of the premises and has
arranged for the prescribed activity to
be undertaken at the premises; or
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(b) is undertaking the construction or
renovation of the premises and the
premises are not currently connected
for electricity or gas.".
(2) In section 16(3) of the Principal Act, for
"subsection (1)(b)" substitute "subsection (1)(c)".
(3) In section 16(4) of the Principal Act, for
"consumer" (where twice occurring) substitute
"person".
60 Certificates may be transferred
After section 24(2) of the Principal Act insert--
"(2A) The notification must include information
specified in the ESC guidelines.".
61 Owner may surrender certificate voluntarily
(1) In section 25(1) of the Principal Act, for "The
owner" substitute "Subject to subsection (4), the
owner".
(2) After section 25(3) of the Principal Act insert--
"(4) The owner of a certificate must not
voluntarily surrender the certificate in
contravention of a Ministerial order made
under subsection (7).
(5) The Minister must publish in the
Government Gazette a notice of intention to
disallow the voluntary surrender of
certificates for a specified period.
(6) A notice under subsection (5) must
include--
(a) the proposed period of disallowance;
and
(b) the reasons for the proposed period of
disallowance; and
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(c) the procedures for the making and
consideration of submissions.
(7) If the Minister, after complying with
subsection (5), determines that the limitation
on the voluntary surrender of certificates is
necessary to protect the integrity of the
operation of this Act, the Minister may make
the order to limit the voluntary surrender of
certificates for a specified period by notice
published in the Government Gazette.".
62 Certificate surrender notice
Section 38(3) of the Principal Act is repealed.
63 Application for declaration and order requiring
surrender of certificates
Section 39(3) of the Principal Act is repealed.
64 Information may be disclosed to specified persons or
bodies
(1) In section 66 of the Principal Act--
(a) in paragraph (i), for "powers." substitute
"powers; or";
(b) after paragraph (i) insert--
"(j) a public sector body or Council for the
purposes of administering a program
related to prescribed activities; or
(k) a non-Victorian government body
approved by the Minister; or
(l) a Distribution Network Service
Provider for the purpose of assessing
the impact of prescribed activities on
energy demand; or
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(m) an accredited person for the purpose of
informing the accredited person of a
scheme participant's compliance with
the code of conduct; or".
(2) At the end of section 66 of the Principal Act
insert--
"(2) For the purposes of subsection (1)(k), the
Minister, by notice published in the
Government Gazette, may approve a
non-Victorian government body to be a body
to which information may be divulged or
communicated under subsection (1).
(3) The Minister must not approve a
non-Victorian government body under
subsection (2) unless the Minister is satisfied
that the body administers an energy
efficiency program under a law of another
State or Territory or of the Commonwealth.
(4) In this section--
Council has the same meaning as in
section 3(1) of the Local Government
Act 2020;
Distribution Network Service Provider has
the same meaning as in section 13 of
the National Electricity (Victoria)
Act 2005;
non-Victorian government body means the
equivalent of a public sector body that
is established by or under, or holds an
office or position under, the law of
another State or a Territory or of the
Commonwealth;
public sector body has the same meaning as
in section 4(1) of the Public
Administration Act 2004.".
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65 Fees
After section 73(2)(c) of the Principal Act
insert--
"(ca) fees for the approval of a product;".
66 ESC guidelines
In section 74(2) of the Principal Act, after
paragraph (b) insert--
"(ba) the information to be included in a notice for
the transfer of a certificate;".
Division 2--Regulations dealing with transitional
matters
67 New section 75A inserted
After section 75 of the Principal Act insert--
"75A Regulations dealing with transitional
matters
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the amending Act,
including the repeals and amendments made
by the amending Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day
on or from the day on which the
amending Act received the Royal
Assent;
(b) be of limited or general application;
(c) leave any matter or thing to be decided
by a specified person or class of person;
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(d) provide for the exemption of persons
or things or a class of persons or things
from any of the regulations made under
this section.
(3) Regulations made under this section do not
operate so as--
(a) to affect, in a manner prejudicial to any
person (other than the State or an
authority of the State), the rights of that
person existing before the date of their
making;
(b) to impose liabilities on any person
(other than the State or an authority of
the State) in respect of anything done or
omitted to be done before the date of
their making.
(4) Regulations under this section have effect
despite anything to the contrary--
(a) in any Act (other than this Act or the
amending Act or the Charter of
Human Rights and Responsibilities
Act 2006);
(b) in any subordinate instrument.
(5) In this section--
amending Act means the Victorian Energy
Efficiency Target Amendment
Act 2022.
(6) This section is repealed on the second
anniversary of the day on which it comes
into operation.".
80
Victorian Energy Efficiency Target Amendment Act 2022
No. of 2022
Part 9--Amendment of Essential Services Commission Act 2001
Part 9--Amendment of Essential Services
Commission Act 2001
68 Amendment of Essential Services Commission
Act 2001
In section 3 of the Essential Services
Commission Act 2001, after paragraph (fb) of the
definition of essential service insert--
"(fc) the VEET scheme within the meaning of the
Victorian Energy Efficiency Target
Act 2007;".
81
Victorian Energy Efficiency Target Amendment Act 2022
No. of 2022
Part 10--Repeal of this Act
Part 10--Repeal of this Act
69 Repeal of this Act
This Act is repealed on 1 November 2024.
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).
═════════════
82
Victorian Energy Efficiency Target Amendment Act 2022
No. of 2022
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Victorian Energy Efficiency Target Act 2007 and the Essential
Services Commission Act 2001 and for other purposes."
By Authority. Government Printer for the State of Victoria.
83
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