Victorian Current Acts

ELECTRICITY INDUSTRY ACT 2000

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Crown to be bound  
   5.      Extra-territorial operation  
   6.      Construction of Act  
   7.      Application of Act to certain distribution, transmission and generation companies  
   7A.     Application of the Essential Services Commission Act 2001  
   7AA.    Declaration of classes of customers and retailers  

   PART 2--REGULATION OF ELECTRICITY INDUSTRY

           Division 1--Introductory

   8.      Application of Part  
   10.     Objectives of the Commission  

           Division 2--Price regulation

   12.     Powers in relation to price regulation  
   13.      Regulation of tariffs for prescribed customers  
   15.     Continuation of charges relating to distribution system  
   15A.    New Tariff Order  

           Division 2A--Pricing for the facilitation of the development of generation facilities

   15B.    Definitions  
   15C.    Relevant augmentations  
   15D.    Charging principles applicable to the connection of generation facilities to distribution systems  
   15E.    Pricing principles in relation to relevant distribution systems  

           Division 3--Licences

   16.     Prohibition  
   17.     Exemptions  
   18.     Application for licence  
   19.     Grant or refusal of application  
   20.     Provisions relating to licences  
   21.     Specific licence conditions  
   22.     Determination of fees and charges  
   23.     Condition restricting sale to certain customers  
   23A.    Condition to give information to Commission  
   23B.    Condition relating to advertising of enforcement action taken against licensee  
   23C.    Condition relating to renewable energy customers  
   25.     Condition specifying industry codes, standards, rules or guidelines  
   26.     Condition relating to customer-related standards, procedures, policies and practices  
   28.     Customer dispute resolution  
   29.     Variation or revocation of licence  
   29AA.   Commission to consult AER before revoking a retail licence  
   29AB.   Commission to notify AER and AEMO of revocation of retail licence  
   29A.    Variation to licence condition—contravention of licence or Code of Practice  
   30.     Gazettal requirement  
   31.     Transfer of licence  
   33A.    Ministerial powers in relation to transmission company licences  
   33AB.   Ministerial licence conditions  
   33AC.   Contents of Ministerial licence conditions  
   33AD.   Consultation with Ministers  
   33AE.   Consultation with affected licensees in certain cases  
   33AF.   Notification of the Commission  
   33AG.   No consultation for proposed Order in certain cases  
   33AH.   Minister to notify Commission of making of Order under section 33AB(1)  
   33AI.   Licences are taken to be subject to Ministerial licence conditions  
   33AJ.   Inconsistency between Ministerial licence conditions and Commission licence conditions  

           Division 3A--Register of Exempt Persons

   33B.    Definitions  
   33C.    Register of Exempt Persons  
   33D.    Application for registration in Register of Exempt Persons  
   33E.    Registration  
   33F.    Public availability of Register of Exempt Persons  

           Division 4--Appointment of administrator

   34.     Appointment of administrator  
   34A.    Corporations Act displacement  

           Division 5--Terms and conditionsof sale and supply of electricity

   35.     Offer to domestic or small business customers (licensee standing offers)  
   35A.    Licensee standing offer tariffs to be given to Commission  
   35B.    Commission must publish on Internet licensee standing offer tariffs  
   35C.    Internet publication and bill notification of licensee standing offers  
   35D.    Required tariff information and licensee contact information to be published in newspaper and Government Gazette  
   35E.    Order specifying method and variables to be used to determine weighted tariff variation  
   36.     Terms and conditions of contracts for sale of electricity to certain customers  
   36A.    Publication of tariffs, terms and conditions of sale of electricity (relevant published offers)  
   37.     Deemed contracts with former franchise customers  
   39.     Deemed contracts for supply and sale for relevant customers  
   39A.    Commission must report to Minister on electricity supply offers  
   40A.    Deemed distribution contracts  
   40B.    Compensation for wrongful disconnection  
   40C.    Prohibition on fees for late payment  
   40D.    Regulation of exit fees  
   40E.    Regulation of pre-payment meters  
   40EA.   Prohibition on save and win-back offers  
   40EB.   Prohibition relating to door-to-door sales and cold-calling  

           Division 5A--Terms and conditionsfor the purchase of small renewable energy generation electricity

   40F.    Definitions  
   40FA.   Meaning of premium solar feed-in tariff terms and conditions  
   40FAB.  Meaning of transitional feed-in scheme tariff terms and conditions  
   40FB.   Meaning of general renewable energy feed-in terms and conditions  
   40FBA.  Rates for purchases of small renewable energy generation electricity  
   40FBB.  Commission to determine one or more rates for purchases of small renewable energy generation electricity  
   40FC.   Meaning of premium solar feed-in tariff period  
   40FCA.  Meaning of TFiT scheme period  
   40FD.   Application of premium solar feed-in tariff and TFiT scheme terms and conditions obligations  
   40FE.   Minister may declare the declared scheme capacity day  
   40FEA.  Minister may declare TFiT scheme end day  
   40FF.   Relevant licensee condition relating to premium solar feed-in tariff and TFiT scheme tariff  
   40FG.   Small retail licensees may offer to purchase qualifying solar energy generation electricity or TFiT scheme electricity  
   40FH.   Distribution company licences to require credits for qualifying solar energy generation electricity and TFiT scheme electricity  
   40FI.   Pass through of costs associated with credits for qualifying solar energy generation electricity  
   40FJ.   Distribution companies to report annually on connected qualifying solar energy generating facilities  
   40G.    Retailer licence condition relating to purchase of small renewable energy generation electricity  
   40GA.   Unilateral variation of general renewable energy feed-in terms and conditions prohibited  
   40H.    When do published feed-in offers take effect?  
   40I.    Reference of small renewable energy generation electricity feed‑in offers to Commission  
   40J.    Commission assessment of small renewable energy generation feed-in terms or conditions  
   40K.    Certain Commission assessment reports to be made publicly available  
   40L.    Commission determination of small renewable energy generation prices, terms and conditions  
   40M.    Declaration of small renewable energy generation electricity general feed-in terms and conditions  
   40MAA.  Relevant licensee must input declared general feed-in terms and conditions into Minister nominated Internet site  
   40MA.   Declaration of qualifying solar energy generation electricity premium solar feed‑in terms and conditions  
   40MAB.  Declaration of TFiT scheme terms and conditions  
   40MB.   When do declared ESC recommended feed-in terms or conditions take effect?  
   40MC.   When do declared ESC determined feed‑in terms or conditions take effect?  
   40MD.   Licence condition applying to relevant licensee named in Ministerial declaration  
   40ME.   Licence condition applying to small retail licensee named in Ministerial declaration  
   40N.    Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers  
   40NA.   Retailer Internet site must be up to date for premium solar feed-in tariff offers  
   40NB.   Retailer Internet site must be up to date for transitional feed‑in tariff offers  
   40NC.   Retailer reporting in relation to general feed-in tariff scheme  

           Division 5B--Condition relating to greenhouse gas emissions andenergy efficiency benchmarking information

   40O.    Definitions  
   40P.    Meaning of bill benchmarking information  
   40Q.    Declaration of residential customers  
   40R.    Condition relating to greenhouse gas emissions and energy efficiency benchmarking information  
   40S.    Commission guidelines relating to greenhouse gas emissions information condition  

           Division 5C--Disconnection of supply of electricity

   40SA.   Definitions  
   40SB.   Meaning of relevant customer  
   40SC.   Objects  
   40SD.   Knowingly or recklessly disconnecting supply of electricity at premises  
   40SE.   Disconnection of supply of electricity at premises  
   40SF.   Knowingly or recklessly disconnecting supply of electricity at premises of life support customer  
   40SG.   Life support customers and residents—retailer obligations when advised or notified  
   40SH.   Life support customers and residents—retailer obligations when advised by distribution company or gas distribution company  
   40SI.   Life support customers and residents—retailer obligations when advised by exempt electricity sellers  
   40SJ.   Life support customers and residents—exempt electricity seller obligations when advised by relevant customer  
   40SK.   Life support customers and residents—exempt electricity seller obligations when advised by exempt distributor  
   40SL.   Supply of electricity may be disconnected by agreement or on notice from relevant customer  
   40SM.   Supply of electricity may be disconnected for non‑payment of bill or failure to comply with terms of relevant assistance  
   40SN.   Supply of electricity may be disconnected for failure to pay security deposit  
   40SO.   Supply of electricity may be disconnected for refusal to provide acceptable identification  
   40SP.   Supply of electricity may be disconnected if access to meter denied  
   40SQ.   Supply of electricity may be disconnected if there is taking of electricity without notification by customer  
   40SR.   Supply of electricity may be disconnected in the prescribed circumstances  
   40SS.   Restrictions on retailer or exempt electricity seller disconnecting supply of electricity  
   40ST.   Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—retailers  
   40SU.   Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—exempt electricity sellers  
   40SV.   Register of life support customers and residents  
   40SW.   Alternative verdict for charge of knowingly or recklessly disconnecting supply of electricity at premises  

           Division 6--Hardship policies

   41.     Definitions  
   42.     Objects  
   43.     Financial hardship policies  
   43A.    Review of financial hardship policy at the direction of Commission  
   43B.    Licensee may submit variation to, or replacement of, financial hardship policy for approval  
   43C.    Content of financial hardship policies  
   44.     Commission may develop guidelines  
   45.     Commission approval  

           Division 6A--Advanced metering infrastructure

   46B.    Definitions  
   46C.    Licence condition requiring compliance with Order  
   46CA.   Exempt seller condition requiring compliance with Order  
   46D.    Orders in relation to advanced metering infrastructure  
   46DA.   Interrelationship of Orders and other provisions relating to tariffs  
   46E.    General powers in relation to Orders  

           Division 7--Community services agreements

   47.     Community services  
   48.     Transitional provision relating to community services  
   49.     Commission may decide certain matters  

           Division 8--Victorian specific retailer of last resort processes

   49A.    Definitions  
   49B.    Effect of issue of RoLR event on licence held by a failed national retailer  
   49C.    Certain information to be provided to AER and AEMO by the Commission  

           Division 9--Trial waivers

   51.     Definitions  
   52.     Innovative trial principles  
   53.     Order in Council in relation to trial waivers  
   54.     Trial waiver  
   55.     Conditions of trial waiver  
   56.     Consultation on trial waiver  
   57.     Publication of trial waiver  
   58.     Duration of trial waiver  
   59.     Extension of trial waiver  
   60.     Variation of trial waiver, or conditions of trial waiver, by Commission  
   61.     Variation of trial waiver, or conditions of trial waiver, by agreement  
   62.     Revocation of trial waiver  
   62A.    Compliance with conditions of trial waiver  
   63.     Preparation and issue of trial project guidelines  
   64.     Amendment of trial project guidelines  
   65.     Consideration of AER trial project guidelines  
   66.     Information disclosure  
   67.     Register of trial waivers  
   68.     Trial waiver not personal property  

   PART 4--PROTECTION OF CRITICAL ELECTRICITY INFRASTRUCTURE

   79.     Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited  
   80.     Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles  

   PART 5--POWERS OF ELECTRICITY CORPORATIONS

   85.     Definitions  
   86.     Power to acquire easements with approval of Governor in Council  
   87.     Acquisition of land within Latrobe area  
   88.     Making of easements in subdivisions  
   89.     Certain easements may be used for carriage service  
   90.     Easements over lands held by Crown licensees or lessees  
   91.     Arrangements for joint use of easements  
   92.     Cancellation of easements  
   93.     Powers as to works etc.  
   93A.    Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock  
   93B.    Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock  
   93C.    Notification of electricity corporations before railway operations carried out  
   94.     Rateability of certain property  

   PART 6--ELECTRICITY SUPPLY EMERGENCY PROVISIONS

           Division 1--Emergency provisions

   95.     Proclamation that this Part applies  
   96.     Powers of Minister  
   97.     Offences  
   98.     Judicial notice  
   99.     Immunity from suit  
   99A.    Corporations Act displacement  

           Division 2--Enforcement

   100.    Powers of entry—enforcement  
   101.    Occupier to be given copy of consent  
   102.    Search warrant  
   103.    Announcement before entry  
   104.    Copy of warrant to be given to occupier  
   105.    Person authorised by Energy Safe Victoria can bring proceedings  

           Division 3--Infringement notices

   106.    Definition  
   107.    Power to serve a notice  
   109.    Infringement penalties  

   PART 6A--COMPLIANCE AND ENFORCEMENT REPORTING

   109A.   Compliance and enforcement report—retailers  
   109B.   Performance indicators for compliance and enforcement reports  
   109C.   Reporting of systemic issues referred to Commission  

   PART 6AB--ELECTRICITY OUTAGE EMERGENCY DIRECTIONS

   109D.   Definitions  
   109E.   Power to give emergency direction  
   109F.   Matters to be considered and things to be done before the giving of emergency direction  
   109G.   Period of effect of emergency direction  
   109H.   Extension of effect of emergency direction  
   109I.   Compliance with emergency direction  
   109J.   Direction of Minister under section 96 prevails over emergency direction  
   109K.   Register of emergency directions  
   109L.   Disclosure of information related to affected customers to certain public sector entities  
   109M.   Delegation  

   PART 7--GENERAL

           Division 1--General enforcement

   116AA.  Offence to give false or misleading information or documents  
   116AAB. Monetary benefits orders  
   116AAC. Determining amount to be paid under monetary benefits order  
   116AAD. Recovery of amounts ordered to be paid  
   116AAE. Adverse publicity orders  

           Division 2--Miscellaneous

   116.    Delegation by Minister  
   118.    Supreme Court—limitation of jurisdiction  
   119.    Regulations  

   PART 8--SAVINGS AND TRANSITIONALS

   120.    Transitional provision—Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013  
   121.    Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017  
   122.    Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021  
           SCHEDULE
           ENDNOTES