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Energy Legislation Amendment (Feed-
in Tariffs and Improving Safety and
Markets) Bill 2016
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1--Preliminary
Clause 1 sets out the purposes of the Bill, which are--
• to amend the Electricity Industry Act 2000 in relation
to the minimum annual tariff for general renewable
energy feed-in terms and conditions, the registration of
persons who are exempt from the obligation to hold a
licence to generate, distribute, transmit, sell or supply
electricity, and in relation to fees generators are required
to pay local councils;
• to amend the Electricity Safety Act 1998 in relation to
safety directions and the recall of electrical equipment;
• to amend the Gas Safety Act 1997 in relation to the
recall of gas installations, appliances and components;
• to amend the National Electricity (Victoria) Act 2005
to apply certain provisions of the National Electricity
Law in relation to the operation of wholesale electricity
markets and electricity networks;
• to amend the National Gas (Victoria) Act 2005 to
apply certain provisions of the National Gas Law in
relation to the operation of wholesale gas markets and
gas pipelines; and
581208 1 BILL LA INTRODUCTION 25/10/2016
• to amend the Victorian Energy Efficiency Target
Act 2007 in relation to Commonwealth agencies the
Essential Services Commission (ESC) may share
information with, and to allow the Minister to fix fees
for the purposes of regulations made under that Act.
Clause 2 provides for the commencement of the Bill. With the exception
of Division 2 of Part 2 and Parts 3, 4, 5, 6, and 7, the Act comes
into operation on the day after the day it receives the Royal
Assent. Division 2 of Part 2 and Parts 3, 4, 5, 6, and 7 will come
into operation on a day or days to be proclaimed, or on 1 January
2018 if not proclaimed to come into effect on an earlier day.
The default commencement date of 1 January 2018 is necessary
as it is anticipated that a period of up to 12 months will be
required for the ESC to implement the new exemptions regime
provided for in Division 2 of Part 2 of this Bill. The ESC will
require this time to establish policies and procedures for
management of the Register of Exempt Persons that it will
administer following the commencement of Division 2 of Part 2
of this Bill.
Part 2--Amendment of the Electricity Industry Act 2000
Clause 3 amends section 40FB(2)(a) of the Electricity Industry Act 2000
to reflect that the general renewable energy credit (which must be
included as a term or condition of the general renewable energy
feed-in terms and conditions) is specified for a financial year,
rather than a calendar year.
This amendment is consequential to the amendments made to
section 40FBA of the Electricity Industry Act 2000 by clause 4
of this Bill, which provides for the credit to be determined at the
rate or rates determined by the ESC for a financial year and not a
calendar year.
Clause 4 substitutes section 40FBA of the Electricity Industry Act 2000.
New section 40FBA provides for the amount to be credited
against the charges payable to a relevant licensee by a customer
who is a relevant generator in a financial year to be determined at
a single rate or multiple rates determined by the ESC under
section 40FBB of that Act, as amended by the Bill. If the ESC
has not determined one or more rates under section 40FBB for
that financial year, the rate or rates are determined at the rate or
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rates that applied immediately before the commencement of that
financial year.
New section 40FBA allows multiple rates to be determined by
the ESC rather than a single rate (although a single rate may still
be determined) and requires a rate to be determined for a
financial year rather than a calendar year.
New section 121, which is inserted by clause 6 of this Bill, is
relevant to new section 40FBA. New section 121 is a savings
provision. The intention of new section 121 is that, despite this
clause and the other amendments made by Division 1 of Part 2 of
this Bill, the amount determined at the rate for the 2017 calendar
year (and required to be included in the general renewable energy
feed-in terms and conditions under section 40FB(2)(a)) that
applied immediately prior to the commencement of this clause
will continue to apply for the purposes of section 40FB(2)(a)
until the day that new general renewable energy feed-in terms
and conditions take effect. The new general renewable energy
feed-in terms and conditions would be those that include an
amount for a financial year determined under section 40FBA at
the rate or rates determined under section 40FBB.
Clause 5 amends section 40FBB of the Electricity Industry Act 2000
to allow the ESC to determine a single rate or multiple rates
for purchases of small renewable energy generation electricity.
It also amends section 40FBB to require the rate or rates to be
determined by 28 February in the financial year preceding the
financial year in which the rate or rates will apply and to provide
for the ESC to have regard to avoided social and health costs
when determining the rate or rates.
Subclause (4)(c) inserts new subsection (c) into section
40FBB(3) of the Electricity Industry Act 2000 to require the
ESC, in determining a rate or rates for the purpose of substituted
section 40FBA, to have regard to the avoided social cost of
carbon and the avoided human health costs attributable to a
reduction in air pollution.
The "social cost of carbon" represents the estimated external
economic costs associated with an increase in carbon dioxide
emissions (measured per tonne of carbon in a given year).
It includes costs to health, the environment, and other flow
on economic costs that are attributable to carbon emissions.
Examples of the social costs of carbon may include changes
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in net agricultural productivity, human health, property damages
from increased flood risk, and changes in the energy system
costs, such as reduced costs for heating and increased costs for
air conditioning.
The "avoided human health costs attributable to a reduction in air
pollution" represents the estimated costs to health that are
avoided due to a reduction in all air pollutants, including but not
limited to carbon dioxide emissions. Examples of the avoided
human health costs attributable to a reduction in air pollution
include reductions in hospital admissions and deaths relating to
cardiovascular and respiratory diseases that are directly caused
by outdoor air pollution. Outdoor air pollution may be the result
of any harmful material being released into the atmosphere, not
just carbon dioxide.
There is some overlap between the "avoided human health costs
attributable to a reduction in air pollution" and the "social cost
of carbon". For example, a reduction in the number of hospital
admissions and deaths for respiratory diseases attributable to
an increase in carbon dioxide emissions would be both a
"social cost of carbon" and an "avoided human health cost
attributable to a reduction in air pollution". However if the
diseases were attributable to a different air pollutant, not
being carbon dioxide emissions, the reduction would be an
"avoided human health cost attributable to a reduction in air
pollution" but it would not be a "social cost of carbon".
Subclause (5) inserts new subsections (3A) and (3B) into
section 40FBB of the Electricity Industry Act 2000.
New subsection (3B) allows the Governor in Council to specify
a methodology or factor for the determination of the avoided
social cost of carbon or the avoided human health costs
attributable to a reduction in air pollution. New subsection (3A)
requires the ESC, in making a determination, to have regard
to the avoided costs referred to in new subsection (3)(c) in
accordance with the methodology or factor specified in an
Order under new subsection (3B).
Clause 6 inserts new section 121 into the Electricity Industry Act 2000.
New section 121 is a savings provision. The intention of new
section 121 is that, despite the amendments made by Division 1
of Part 2 of this Bill, the amount determined at the rate for
the 2017 calendar year (and required to be included in the
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general renewable energy feed-in terms and conditions under
section 40FB(2)(a)) that applied immediately prior to the
commencement of this clause will continue to apply for the
purposes of section 40FB(2)(a) until the day that new general
renewable energy feed-in terms and conditions take effect.
The new general renewable energy feed-in terms and conditions
would be those that include an amount for a financial year
determined under section 40FBA at the rate or rates determined
under section 40FBB.
As per section 40H of the Act, general renewable energy
feed-in terms and conditions take effect two months after they
are published unless they have been referred to the Commission
for assessment.
Effectively this means that the rate that applied immediately prior
to the commencement of this clause will continue to apply, until
new general renewable energy feed-in terms and conditions take
effect applying the new rate or rates that the ESC has determined
for a financial year.
Clause 7 inserts a new definition of Register of Exempt Persons into
section 3 of the Electricity Industry Act 2000. The Register
of Exempt Persons is the register established and maintained
under new section 33C of that Act, as inserted by clause 9 of this
Bill. Under new Division 3A of Part 2 of the Act, inserted by
clause 9 of this Bill, a person may apply to the ESC to be
registered in the Register of Exempt Persons if, by way of an
Order made under section 17 of that Act, they are required to be
registered to be exempt from a requirement to obtain a licence in
respect of the generation, transmission, distribution or sale of
electricity.
Clause 8 inserts new paragraph (ea) into section 17(2) of the Electricity
Industry Act 2000. New paragraph (ea) allows an Order
made under section 17 of that Act exempting a person from the
requirement to obtain a licence in respect of an activity to provide
that the exemption is conditional on the person being registered
under new Division 3A of Part 2 of that Act (inserted by clause 9
of this Bill).
Clause 9 inserts new Division 3A into Part 2 of the Electricity
Industry Act 2000. New Division 3A generally provides
for the establishment of the Register of Exempt Persons, and
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for the making of applications for registration in the Register
of Exempt Persons.
New section 33B of new Division 3A defines exemption,
relevant exempt person and required details for the purposes
of new Division 3A.
Subject to the terms of the relevant Order made under
section 17 of the Electricity Industry Act 2000, a person
does not necessarily need to be a relevant exempt person to be
exempt from a requirement to obtain a licence in respect of
the generation, transmission, distribution or sale of electricity.
If the section 17 Order provides for an exemption that applies
irrespective of whether the person is registered on the Register
of Exempt Persons, then the person is exempt, but is not a
relevant exempt person for the purposes of the Act. However, if
the section 17 Order provides that the exemption applies only in
respect of persons who are registered on the Register of Exempt
Persons (as permitted by new section 17(ea), inserted by clause 8
of this Bill), then such persons are relevant exempt persons and
are required to be registered on the Register of Exempt Persons
for the exemption to have effect.
New section 33C of new Division 3A requires the ESC to
establish and maintain the Register of Exempt Persons, and to
record certain information in the Register of Exempt Persons.
Subsection (4) of new section 33C provides for the Register of
Exempt Persons to be kept in the form and manner determined
by the ESC.
New section 33D of new Division 3A provides for a relevant
exempt person to apply to the ESC to be registered in the
Register of Exempt Persons. Relevant exempt person is
defined in new section 33B to mean a person who, because of
an Order made under section 17 of the Act, will be exempt from
a requirement to obtain a licence in respect of the generation,
transmission, distribution or sale of electricity when the person is
registered in the Register of Exempt Persons.
New section 33E of new Division 3A requires the ESC to register
a relevant exempt person in the Register of Exempt Persons and
to enter the required details on receiving an application for
registration, and for registration to take effect when the ESC
enters the required details in the Register of Exempt Persons.
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New section 33F of new Division 3A requires the ESC to
make certain information kept in the Register of Exempt
Persons publicly available on its Internet site, free of charge.
Clause 10 amends section 94 of the Electricity Industry Act 2000 to allow
exempt generators (defined as a person to whom an exemption
under an Order made under section 17 applies in respect of the
generation of electricity for supply or sale) to elect to pay to the
relevant council amounts agreed or determined under section 94
instead of paying council rates.
Part 3--Amendment of the Electricity Safety Act 1998
Clause 11 amends section 65 of the Electricity Safety Act 1998 in relation
to the recall of electrical equipment.
Subclause (1) amends section 65(1) to provide that Energy
Safe Victoria may require the recall of electrical equipment
where that equipment does not comply with the minimum
standards prescribed for equipment of that class.
Subclause (2) amends section 65(2) and inserts new subsection
(2A) to clarify that Energy Safe Victoria may require a person
who has supplied electrical equipment in the course of the
person's business to take specified actions pursuant to a recall
notice, even though that supplier may have ceased to be in
business.
Subclause (3) amends section 65(3) to allow additional actions
which a person may be required to take to be specified in a recall
notice. Specifically, a recall notice may specify that a person
must--
• carry out inspections or tests on electrical equipment;
• rectify electrical equipment so that it complies with a
specified standard;
• repair or replace electrical equipment;
• arrange for the disconnection from the supply of
electricity of electrical equipment;
• modify the premises on which electrical equipment is
used or installed so that it is safe to use;
• affix warning labels to electrical equipment or premises
on which electrical equipment is used or installed;
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• give specified information to owners or occupiers of
premises on which electrical equipment is used or
installed;
• place an advertisement containing specified information
in a publication that is not a newspaper; and
• publish specified information on the person's Internet
site.
Subclause (4) inserts new subsections (6) and (7) into section 65.
New subsection (6) provides that a person who is required to take
action specified in a recall notice must pay the cost of taking that
action. New subsection (7) provides that where a requirement
of a recall notice issued under section 65 is inconsistent with a
requirement of a recall notice issued under Division 3 of Part 3-3
of the Australian Consumer Law (Victoria), the latter prevails to
the extent of the inconsistency.
Clause 12 inserts new subsection (2) into section 66 of the Electricity
Safety Act 1998 to provide that a person does not commit an
offence under section 66 by failing to give specified information
to owners or occupiers of premises on which electrical equipment
is used or installed, where that person did not know the identity
or location of the owner or occupier, made reasonable inquiries to
identify or locate the owner or occupier, and still could not
identify or locate the owner or occupier after making those
inquiries.
Clause 13 amends section 141 of the Electricity Safety Act 1998 to
provide that the Director of Energy Safety may give directions
under that section directing a person to do things necessary for
the prevention and mitigation of bushfires arising out of incidents
involving electric lines or electrical installations, and to insert a
new definition of safety reasons for the purposes of that section.
Specifically, safety reasons is defined to include the prevention
and mitigation of bushfires that may arise out of incidents
involving electric lines or electrical installations. The new
definition is relevant to sections 141(1) and (2), which allow the
Director to give certain directions where satisfied it is necessary
to do so for safety reasons.
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Part 4--Amendment of the Gas Safety Act 1997
Clause 14 amends section 78 of the Gas Safety Act 1997 in relation to the
recall of gas installations, appliances or components.
Subclause (1) makes minor grammatical changes to
subsections (1)(b)(i) and (ii) of section 78, and inserts new
subparagraph (1)(c) to provide that Energy Safe Victoria may
require the recall of a gas appliance where it appears to Energy
Safe Victoria that the gas appliance does not comply with the
standard that it was certified as complying with under an
acceptance scheme authorised under Division 5 of Part 3.
Subclause (2) amends section 78(2) and inserts new subsection
(2A) to clarify that Energy Safe Victoria may require a person
who has supplied gas installations, appliances or components in
the course of the person's business to take specified actions
pursuant to a recall notice, even though that supplier may have
ceased to be in business.
Subclause (3) amends section 78(3) to allow additional actions
which a person may be required to take to be specified in a recall
notice. Specifically, a recall notice may specify that a person
must--
• carry out inspections or tests on gas installations,
appliances or components;
• rectify a gas installation, appliance or component so that
it complies with a specified standard;
• repair or replace a gas installation, appliance or
component;
• arrange for the disconnection from the supply of gas of
a gas installation, appliance or component;
• modify the premises on which a gas installation,
appliance or component is used or installed, so that it is
safe to use;
• affix warning labels to a gas installation, appliance or
component or premises on which a gas installation,
appliance or component is used or installed;
• give specified information to owners or occupiers of
premises on which a gas installation, appliance or
component is used or installed;
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• place an advertisement containing specified information
in a publication that is not a newspaper; and
• publish specified information on the person's Internet
site.
Subclause (4) inserts new subsections (6) and (7) into section 78.
New subsection (6) provides that a person who is required to take
action specified in a recall notice must pay the cost of taking that
action. New subsection (7) provides that where a requirement
of a recall notice issued under section 78 is inconsistent with a
requirement of a recall notice issued under Division 3 of Part 3-3
of the Australian Consumer Law (Victoria), the latter prevails to
the extent of the inconsistency.
Clause 15 inserts new subsection (2) into section 79 of the Gas Safety
Act 1997 to provide that a person does not commit an offence
under section 79 by failing to give specified information to
owners or occupiers of premises on which a gas installation,
appliance or component is used or installed, where that person
did not know the identity or location of the owner or occupier,
made reasonable inquiries to identify or locate the owner or
occupier, and still could not identify or locate the owner or
occupier after making those inquiries.
Part 5--Amendment of the National Electricity
(Victoria) Act 2005
Clause 16 amends the heading of section 16Q of the National
Electricity (Victoria) Act 2005 to reflect the subject matter
of the provisions applied by section 16Q, and to distinguish it
from new clause 16U as inserted by clause 17 of this Bill.
Clause 17 inserts new Division 6 into Part 3 of the National Electricity
(Victoria) Act 2005.
New section 16U of new Division 6 gives effect to new
Schedule 4 to the National Electricity (Victoria) Act 2005,
which is inserted by clause 18 of this Bill. New Schedule 4
applies certain amendments made to the National Electricity Law
(NEL) as laws of Victoria, by replicating those amendments with
modifications.
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New section 16V of new Division 6 creates a regulation making
power to enable regulations to be made to prescribe the amount
of electricity for the purposes of the definition of small customer
set out in item 34.1 of Schedule 4 to the National Electricity
(Victoria) Act 2005, which is inserted by clause 18 of this Bill.
Clause 18 inserts new Schedule 4 to the National Electricity (Victoria)
Act 2005 to apply certain amendments made to the NEL as laws
of Victoria by replicating those amendments with modifications.
The amendments proposed to be applied were incorporated into
the NEL by the Statutes Amendment (National Energy Retail
Law) Act 2011 of South Australia, which commenced operation
on 1 July 2012. However under clause 24 of Schedule 3 to the
NEL, the amendments made to the NEL by that Act do not apply
in a participating jurisdiction until the National Energy Retail
Law is applied in that jurisdiction as a law of that jurisdiction.
Victoria has not applied the National Energy Retail Law.
Therefore, the amendments made to the NEL by the Statutes
Amendment (National Energy Retail Law) Act 2011 of South
Australia do not currently apply in Victoria.
Notwithstanding that Victoria has not applied the National
Energy Retail Law, new Schedule 4 applies in Victoria certain
amendments to the NEL made by the Statutes Amendment
(National Energy Retail Law) Act 2011 of South Australia, by
replicating those provisions with modifications.
Item 1.1 of new Schedule 4 amends section 2 of the NEL as
applied in Victoria to insert new definitions and amend existing
definitions.
Item 2.1 of new Schedule 4 substitutes section 2A of the NEL as
applied in Victoria (with new sections 2A and 2AA), to provide
for the meaning of access dispute, and the meaning of civil
penalty provision and conduct provision. An access dispute
will include a dispute between a retail customer (or other
person specified by the Rules) and a regulated distribution
system operator about an aspect of access to a connection
service specified by the Rules to be an aspect to which Part 10
of the NEL applies. New section 2AA outlines the provisions
which apply a civil penalty.
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Item 3.1 of new Schedule 4 inserts new section 10A into the
NEL as applied in Victoria. New Section 10A provides for the
displacement of certain provisions of the Corporations Act 2001
of the Commonwealth.
Items 4.1, 5.1 and 6.1 of new Schedule 4 make amendments to
update cross-references in the notes to sections 11, 14A and 14B
of the NEL as applied in Victoria respectively.
Items 7.1 and 8.1 of new Schedule 4 amend sections 15 and 16
of the NEL as applied in Victoria respectively to make technical
drafting amendments.
Items 9.1 and 10.1 of new Schedule 4 make amendments to
identify sections 28N and 28O of the NEL as applied in Victoria
respectively as civil penalty provisions.
Items 11.1 and 12.1 of new Schedule 4 make consequential
amendments to sections 28ZD and 28ZF of the NEL as
applied in Victoria respectively. The amendment made by
item 11.1 is consequential to the amendment made by item 13.1.
The amendment made by item 12.1 is consequential to the
amendment made by item 19.1.
Item 13.1 of new Schedule 4 inserts new sections 28ZH and 28ZI
into the NEL as applied in Victoria. New section 28ZH will
allow the Australian Energy Regulator (AER), where it is
authorised to prepare a document under the law or the Rules,
and under the National Gas Law (NGL) or the National Gas
Rules, to prepare a single document to satisfy all requirements.
New section 28ZI will allow the AER to use information
obtained under the Law or the Rules for a purpose connected
with its performance or exercise of a function or power under
the NGL or the National Gas Rules.
Item 14.1 of new Schedule 4 makes an amendment to identify
section 50D(1) of the NEL as applied in Victoria as a civil
penalty provision.
Item 15.1 of new Schedule 4 makes a consequential
amendment to section 50F of the NEL as applied in Victoria.
This amendment is consequential to the amendment made by
item 2.1.
Items 16.1 and 16.2 of new Schedule 4 make amendments to
identify sections 53C(1) and 53C(4) of the NEL as applied in
Victoria respectively as civil penalty provisions.
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Item 17.1 of new Schedule 4 updates terminology in
section 54C(2) of the NEL as applied in Victoria.
Item 18.1 of new Schedule 4 makes a consequential
amendment by omitting section 58 of the NEL as applied in
Victoria. This amendment is consequential to the amendment
made by item 1.1.
Item 19.1 of new Schedule 4 inserts new Division 1A of Part 6
of the NEL as applied in Victoria to allow the AER to accept and
enforce enforceable undertakings.
Items 20.1 and 21.1 of new Schedule 4 make consequential
amendments to sections 60 and 61 of the NEL as applied in
Victoria respectively. These amendments are consequential to
the amendment made by item 1.1.
Item 22.1 of new Schedule 4 inserts new sections 61A and 61B
into the NEL as applied in Victoria to allow a person other than
the AER to apply to a court for a declaration that a person is in
breach of a conduct provision.
Items 23.1 and 24.1 of new Schedule 4 make consequential
amendments to sections 64 and 67 of the NEL as applied in
Victoria respectively. These amendments are consequential to
the amendment made by item 1.1.
Item 25.1 of new Schedule 4 substitutes section 68 of the NEL as
applied in Victoria (with new sections 68 and 68A). Section 68
must be recast to recognise that a person may breach a conduct
provision. New section 68A provides that an attempted breach of
a civil penalty provision is deemed to be a breach of that
provision.
Items 26.1, 27.1, 28.1, 29.1, 30.1, 31.1 and 32.1 of new
Schedule 4 make consequential amendments to sections 69,
74, 75, 79, 81, 83 and 86 of the NEL as applied in Victoria
respectively. These amendments are consequential to the
amendment made by item 1.1.
Item 33.1 of new Schedule 4 amends section 91B of the NEL as
applied in Victoria. This amendment will allow the Australian
Energy Market Commission to make a rule associated with the
operation of the NGL that is necessary or consequential, or
corresponds, with a rule under the NEL.
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Item 34.1 of new Schedule 4 amends section 120 of the NEL as
applied in Victoria. This amendment will exclude section 120(2)
from operating with respect to certain agreements with small
customers.
Item 35.1 and 36.1 of new Schedule 4 make amendments to
identify sections 136 and 157(1) of the NEL as applied in
Victoria respectively as civil penalty provisions.
Part 6--Amendment of the National Gas (Victoria) Act 2008
Clause 19 inserts new Part 7 into the National Gas (Victoria) Act 2008
to give effect to new Schedule 1 to the Act, which is inserted
by clause 20 of this Bill. New Schedule 1 applies certain
amendments made to the NGL as laws of Victoria, by replicating
those amendments with modifications.
Clause 20 inserts new Schedule 1 to the National Gas (Victoria) Act 2008
to apply certain amendments made to the NGL as laws of
Victoria, by replicating those amendments with modifications.
The amendments proposed to be applied were incorporated into
the NGL by the Statutes Amendment (National Energy Retail
Law) Act 2011 of South Australia, which commenced operation
on 1 July 2012. However under item 88 of Schedule 3 to the
NGL, the amendments made to the NGL by that Act do not apply
in a participating jurisdiction until the National Energy Retail
Law is applied in that jurisdiction as a law of that jurisdiction.
Victoria has not applied the National Energy Retail Law.
Therefore, the amendments made to the NGL by the Statutes
Amendment (National Energy Retail Law) Act 2011 of South
Australia do not currently apply in Victoria.
Notwithstanding that Victoria has not applied the National
Energy Retail Law, new Schedule 1 applies in Victoria certain
amendments to the NGL made by the Statutes Amendment
(National Energy Retail Law) Act 2011 of South Australia, by
replicating those provisions with modifications.
Item 1.1 of new Schedule 1 amends section 2 of the NGL as
applied in Victoria to insert new definitions and amend existing
definitions.
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Item 2.1 of new Schedule 1 inserts new Part 5 into Chapter 1
of the NGL as applied in Victoria. New Part 5 of Chapter 1
provides for the displacement of certain provisions of the
Corporations Act 2001 of the Commonwealth.
Item 3.1 of new Schedule 1 substitutes section 66 of the NGL as
applied in Victoria. New section 66 will allow the use of certain
information for the purposes of the other laws or related Rules.
Item 4.1 of new Schedule 1 makes a consequential
amendment to section 68(1) of the NGL as applied in Victoria.
This amendment is consequential to the amendment made by
item 7.1.
Item 5.1 of new Schedule 1 inserts new sections 68A and 68B
into the NGL as applied in Victoria. These new provisions will
correspond to new sections 28ZH and 28ZI in the NEL as applied
in Victoria (see clause 18 of this Bill).
Item 6.1 of new Schedule 1 makes amendments to update
terminology in section 91GC(2) of the NGL as applied in
Victoria.
Item 7.1 of new Schedule 1 inserts new Part 1A into Chapter 8
of the NGL as applied in Victoria. This amendment inserts a
provision that will allow the AER to accept and enforce
enforceable undertakings.
Item 8.1 of new Schedule 1 makes a typographical amendment to
section 232 of the NGL as applied in Victoria.
Item 9.1 of new Schedule 1 makes a consequential amendment to
section 297 of the NGL as applied in Victoria. This amendment
is consequential to the amendment made by item 5.1.
Part 7--Amendment of the Victorian Energy
Efficiency Target Act 2007
Clause 21 amends section 66 of the Victorian Energy Efficiency Target
Act 2007 to update references to the structure and offices of
certain Commonwealth agencies that the ESC may disclose
information to, and to allow the ESC to disclose information to
the Australian Bureau of Statistics and the Clean Energy
Regulator.
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Clause 22 amends section 73 of the Victorian Energy Efficiency Target
Act 2007 to allow the Minister to fix fees for the purposes of
regulations made under the Act, after consultation with the
Minister administering the Essential Services Commission
Act 2001.
Part 6--Repeal of amending Act
Clause 23 repeals the Bill on 1 January 2019. This repeal does not
affect the continuing operation of the amendments made by
the Act (see section 15(1) of the Interpretation of Legislation
Act 1984).
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