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Energy Legislation (Further Miscellaneous
Amendments) Bill
Circulation Print
EXPLANATORY MEMORANDUM
The Bill amends the Electricity Safety Act 1998, the Gas Safety Act 1997,
the Electricity Industry Act 2000 and the Gas Industry Act 2001.
The principal purpose of the Bill is to provide complementary amendments to
the Electricity Safety Act 1998 and the Gas Safety Act 1997 to abolish the
Electrical Appeals Board and the Gas Appeals Board established under those
Acts and to transfer the appellate jurisdiction of each of those Boards to the
review jurisdiction of the Victorian Civil and Administrative Tribunal.
The Bill also amends the Electricity Safety Act 1998 to vary the ratings
which a fire control authority may assign to areas within Victoria for the
purposes of that Act and the regulations, from "high" and "very high" to
"low" and "high". The Bill also amends the Electricity Industry Act 2000
to allow amendment of the Victorian Electricity Supply Industry Tariff Order
to clarify its application or otherwise to tariffs charged by VENCorp.
The Bill also provides complementary amendments to the Electricity
Industry Act 2000 and the Gas Industry Act 2001 to clarify that the cross
ownership exemption for acquisitions that have been cleared by the
Australian Competition and Consumer Commission may be granted
irrespective of whether or not the person has made an application for
authorisation in respect of the acquisition under the Trade Practices Act 1974
of the Commonwealth.
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Act, which are to make
amendments to the Electricity Safety Act 1998, the Gas Safety
Act 1997, the Electricity Industry Act 2000 and the Gas
Industry Act 2001.
Paragraphs (a)(i) and (b) provide that the purpose of amending
the Electricity Safety Act 1998 and the Gas Safety Act 1997 is
to abolish the Electrical Appeals Board and the Gas Appeals
Board (respectively) and to transfer the jurisdiction of each Board
to the Victorian Civil and Administrative Tribunal.
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541264 BILL LA CIRCULATION 24/4/2002
Paragraph (a)(ii) sets out the additional purpose of amending the
Electricity Safety Act 1998, that is, to make amendments with
respect to the fire hazard ratings that may be assigned by a fire
control authority for the purposes of that Act and the regulations.
Paragraphs (c)(ii) and (d) provide that the purpose of amending
the Electricity Industry Act 2000 and the Gas Industry Act
2001 is to clarify a cross ownership exemption in those Acts.
Paragraph (c)(i) sets out the additional purpose of amending the
Electricity Industry Act 2000, that is, to allow for further
amendment of the Tariff Order in relation to tariffs charged by
VENCorp.
Clause 2 provides for the commencement of the Act.
Sub-clause (1) allows for commencement on the day after Royal
Assent of the provisions of the Act which provide for its purpose
and commencement and which amend section 80 of the
Electricity Safety Act 1998 with respect to the assignment of
fire hazard ratings for the purposes of that Act and the
regulations.
Sub-clause (1) also allows for the commencement on the day
after Royal Assent of the provisions of the Act which amend the
Electricity Industry Act 2000 to provide for variation of the
Tariff Order and which amend the Electricity Industry Act 2000
and the Gas Industry Act 2001 to clarify a cross ownership
exemption under those Acts.
Sub-clause (2) allows for commencement by proclamation of the
remaining provisions of the Act.
Sub-clause (3) provides that if any provision of this Act does not
come into operation before 31 December 2002, it will come into
operation on that date.
PART 2--AMENDMENT OF ELECTRICITY SAFETY ACT
1998
Clause 3 amends the Electricity Safety Act 1998 by inserting into
section 3 of that Act definitions of "decision" and "Tribunal".
It defines "decision" for the purposes of Part 6 of the Electrical
Safety Act 1998 as including a prohibition, requirement or
direction. "Tribunal" means the Victorian Civil and
Administrative Tribunal established by the Victorian Civil and
Administrative Tribunal Act 1998.
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Clause 4 substitutes a new Part 6 of the Electricity Safety Act 1998,
which includes a new section 69.
Sub-section (1) of the new section 69 provides that a person who
is aggrieved by a decision of the Office of the Chief Electrical
Inspector listed in sub-section (2) may apply to the Victorian
Civil and Administrative Tribunal for review of the decision.
Sub-sections (2) to (4) and sub-section (7) of the new section 69
define the decisions of the Office on which an application for
review may be made. The decisions on which an application for
review may be made are the same as those for which an appeal
could be made to the Electrical Appeals Board with one
exception. Section 69 does not allow for further decisions of the
Office to be prescribed by regulation as being subject to review
by the Tribunal.
Sub-section (5) and sub-section (6) of the new section 69 specify
the period in which an application for review must be made.
Clause 5 substitutes a new section 80(a) of the Electricity Safety Act
1998, which enables a fire control authority to assign a fire
hazard rating of "low" or "high" to any area of land in Victoria
for the purposes of the Electricity Safety Act 1998 or the
regulations.
Clause 6 substitutes a new section 128 of the Electricity Safety Act 1998.
Sub-section (1) of the new section 128 requires that if an
enforcement officer exercises a power of entry under Division 2
of Part 11 of the Electricity Safety Act 1998, the officer must
report the exercise of power to the Office of the Chief Electrical
Inspector within 3 business days after the entry. Previously, it
was necessary to report the exercise of a power of entry to the
Electrical Appeals Board.
Sub-section (2) sets out the details that the written report must
contain. Sub-section (3) requires that the Office keep a register
containing the particulars of all matters reported to it under the
new section 128. Sub-section (4) requires that the Office keep as
part of that register, the register kept by the Electrical Appeals
Board under the former section 128.
Clause 7 substitutes "Tribunal" for "Electrical Appeals Board" in section
144(2) of the Electricity Safety Act 1998.
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Clause 8 repeals paragraphs (c) and (e) of section 157(1) of the Electricity
Safety Act 1998. These regulation-making powers are no
longer required as they relate to the Electrical Appeals Board.
The existing regulations will be revoked.
Clause 9 substitutes a new section 163 of the Electricity Safety Act 1998,
which gives effect to the transitional provisions in the new
Schedule 1 to that Act.
Clause 10 repeals sections 164 to 170 of the Electricity Safety Act 1998.
These are amending provisions. Their operation is now spent.
Clause 11 substitutes a new Schedule 1 into the Electricity Safety Act
1998.
Clause 1 of the new Schedule 1 defines certain terms used in the
Schedule. "Board" is defined as the Electrical Appeals Board
established under the Electricity Safety Act 1998, as in force
prior to the "commencement day". "Commencement day" is
defined as the day on which clause 9 of the Bill comes into
operation. "VCAT Act" is defined as the Victorian Civil and
Administrative Tribunal Act 1998.
Clause 2 of the new Schedule 1 abolishes the Electrical Appeals
Board. Sub-clause (1) provides that the Electrical Appeals Board
is abolished on the commencement day and its members go out
of office on that day. Sub-clause (2) provides that, on and from
the commencement day, a reference to the Electrical Appeals
Board must be construed as a reference to the Victorian Civil and
Administrative Tribunal, unless the context otherwise requires.
Sub-clause (3) provides that sub-clause (1) does not affect any
other provisions of the new Schedule which deal with
proceedings before the Electrical Appeals Board or its continued
operation. Sub-clause (4) provides that, if the Board continues
for certain purposes, provisions of the Electricity Safety Act
1998 relating to its membership and procedure continue to apply
for those purposes.
Clause 3(1) of the new Schedule 1 requires that a matter pending
before the Board be heard and determined by the Tribunal if,
immediately before the commencement day, the Electrical
Appeals Board had not begun to hear the matter or had not been
presented with any evidence on any material question of fact.
Those proceedings will be taken to have been commenced in, and
will be heard and determined by the Tribunal. Sub-clause (1),
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among other things, sets out the procedures that will apply, and
the powers, functions and duties of the Tribunal in relation to
such proceedings.
Sub-clause (2) of Clause 3 requires that a matter be heard and
determined by the Electrical Appeals Board if, immediately
before the commencement day, the Board had begun to hear the
matter and had been presented with evidence on a material
question of fact. Sub-clause (2) provides that those matters will
be heard and determined in accordance with the provisions of the
Electricity Safety Act 1998 that were in force before the
commencement day.
Clause 4 of the new Schedule 1 provides for enforcement of
determinations or orders which are made by the Electrical
Appeals Board before the commencement day.
Clause 5 of the new Schedule 1 confers power on the Tribunal to
resolve any transitional difficulties arising in proceedings before
the Board or the Tribunal.
Clause 6 of the new Schedule 1 provides for the transfer of the
registers and documents kept by the Board prior to its abolition.
PART 3--AMENDMENT OF GAS SAFETY ACT 1997
Clause 12 amends the Gas Safety Act 1997 by inserting into section 3 of
that Act definitions of "business day", "decision" and "Tribunal".
It defines "business day" as a day other than a Saturday or a
Sunday or a public holiday appointed under the Public Holidays
Act 1993. A "decision" for the purposes of Part 4 of the Gas
Safety Act 1997 is defined to include a refusal, declaration,
condition, prohibition or requirement. "Tribunal" means the
Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998.
Clause 13 substitutes a new Part 4 of the Gas Safety Act 1997, which
includes a new section 80.
Sub-section (1) of the new section 80 provides that a person who
is aggrieved by a decision of the Office of Gas Safety listed in
sub-section (2) of section 80 may apply to the Victorian Civil and
Administrative Tribunal for review of the decision.
Sub-sections (2) and (3) of the new section 80 define the
decisions of the Office on which an application for review may
be made. The decisions on which an application for review may
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be made are the same as those for which an appeal could be made
to the Gas Appeals Board with one exception. Section 80 does
not allow for further decisions of the Office to be prescribed by
regulation as being subject to review by the Tribunal.
Sub-sections (4) and (5) specify the period in which an
application for review must be made.
Clause 14 substitutes a new section 93 of the Gas Safety Act 1997.
Sub-section (1) of the new section 93 requires that if an inspector
exercises a power of entry allowed under Division 2 of Part 5 of
the Gas Safety Act 1997, the inspector must report the exercise
of that power to the Director of Gas Safety within 3 business
days after the exercise of the power of entry. Previously, it was
necessary to report the exercise of a power of entry to the Gas
Appeals Board.
Sub-section (2) sets out the details that the written report must
contain. Sub-section (3) requires the Director to keep a register
containing all the particulars of all the matters reported to the
Director under the new section 93. Sub-section (4) requires that
as part of the register, the Director keep the register kept by the
Gas Appeals Board under the former section 93.
Clause 15 substitutes "Tribunal" for "Gas Appeals Board" in section 111(2)
of the Gas Safety Act 1997.
Clause 16 substitutes "Tribunal" for "Gas Appeals Board" in section 113(2)
of the Gas Safety Act 1997.
Clause 17 repeals paragraphs (z) and (bb) of section 118(1) of the Gas
Safety Act 1997. These regulation-making powers are no longer
required as they relate to the Gas Appeals Board. The existing
regulations will be revoked.
Clause 18 inserts a new section 127 into the Gas Safety Act 1997 which
gives effect to the transitional provisions in the new Schedule 1.
Clause 19 substitutes a new Schedule 1 into the Gas Safety Act 1997.
Clause 1 of the new Schedule 1 defines certain terms used in the
Schedule. "Board" is defined as the Gas Appeals Board
established under the Gas Safety Act 1997 as in force
immediately before the "commencement day". "Commencement
day" is defined as the day on which clause 18 of the Bill comes
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into operation. "VCAT Act" is defined as the Victorian Civil
and Administrative Tribunal Act 1998.
Clause 2 of the new Schedule 1 abolishes the Gas Appeals Board.
Sub-clause (1) provides that the Gas Appeals Board is abolished
on the commencement day and its members go out of office on
that day. Sub-clause (2) provides that on and from the
commencement day, a reference to the Gas Appeals Board is to
be construed as a reference to the Tribunal, unless the context
otherwise requires. Sub-clause (3) provides that sub-clause (1)
does not affect any other provisions of the new Schedule which
deal with proceedings before the Gas Appeals Board or which
provide for its continuation. Sub-clause (4) provides that, if the
Gas Appeals Board continues for certain purposes, provisions of
the Gas Safety Act 1997 which relate to its membership and
procedure will continue to apply for those purposes.
Clause 3(1) of the new Schedule 1 provides that if, immediately
before the commencement day a matter is pending before the Gas
Appeals Board but the Board has not begun to hear the matter, or
the Board has not been presented with any evidence on any
material question of fact, the matter will be taken to have been
commenced in, and will be heard and determined by, the
Tribunal. Sub-clause (1), among other things, sets out the
procedures that will apply, and the powers, functions and duties
of the Tribunal in relation to such proceedings.
Sub-clause (2) of Clause 3 requires that a matter be heard and
determined by the Gas Appeals Board, if, immediately before the
commencement day the Board had begun to hear the matter and
had been presented with evidence on a material question of fact.
Sub-clause (2) provides that those matters will be heard and
determined in accordance with the provisions of the Gas Safety
Act 1997 that were in force immediately before the
commencement day.
Clause 4 of the new Schedule 1 provides for enforcement of
determinations or orders which are made by the Gas Appeals
Board before the commencement day.
Clause 5 of the new Schedule 1 confers power on the Victorian
Civil and Administrative Tribunal to resolve transitional
difficulties arising in proceedings pending before the Board or
the Tribunal.
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Clause 6 of the new Schedule 1 provides for the transfer of the
registers and documents kept by the Board prior to its abolition.
PART 4--AMENDMENT OF ELECTRICITY INDUSTRY ACT
2000
Clause 20 inserts a new paragraph (aa) into section 14(3) of the Electricity
Industry Act 2000, which enables variations to clause 4.5 of the
Tariff Order to be made to clarify the application or non-
application of the Tariff Order to the regulation of tariffs charged
by VENCorp.
Clause 21 inserts a new sub-section (8AA) into section 68 of the Electricity
Industry Act 2000, which provides that the cross-ownership
exemption in sub-section (8)(b)(ii) applies irrespective of
whether the person applying for the exemption has made an
application under the Trade Practices Act 1974 for the
authorisation by the ACCC of the acquisition.
PART 5--AMENDMENT OF GAS INDUSTRY ACT 2001
Clause 22 inserts a new sub-section (3A) into section 129 of the Gas
Industry Act 2001, which provides that the cross-ownership
exemption in sub-section (3)(b)(ii) applies irrespective of
whether the person applying for the exemption has made an
application under the Trade Practices Act 1974 for the
authorisation by the ACCC of the acquisition.
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