Victorian Current Acts Victorian Current Acts(1) In this Act—
"Administrator" means the Administrator for the restructuring of the electricity industry appointed under Part 4;
S. 3(1) def. of allocation day inserted by No. 14/1997 s. 4(1), amended by Nos 36/1999 s. 11(a), 11/2024 s. 27(a).
"allocation day" means the day specified in a statement under section 62A(1) as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 or specified by the Minister for the purposes of section 62AA as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 ;
"appointed day" means the day on which Division 2 of Part 5 comes into operation;
S. 3(1) def. of chief electrical inspector repealed by No. 8/1996 s. 4(2).
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S. 3(1) def. of chief executive officer amended by No. 53/1994 s. 4(1)(b).
"chief executive officer", in relation to an electricity corporation or VPX, means the principal executive officer (by whatever name called) of the corporation or VPX;
S. 3(1) def. of Commission inserted by No. 62/2001 s. 74(a).
"Commission" means the Essential Services Commission established under the Essential Services Commission Act 2001 ;
S. 3(1) def. of company inserted by No. 53/1994 s. 4(2), substituted by 44/2001 s. 3(Sch. item 35.1(a)).
"company" means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;
S. 3(1) def. of corporation inserted by No. 56/1995 s. 4(3), amended by No. 44/2001 s. 3(Sch. item 35.1(b)).
"corporation" has the same meaning as in the Corporations Act;
S. 3(1) def. of distribution company inserted by No. 53/1994 s. 4(2), amended by No. 110/1994 s. 4(2)(a), substituted by Nos 56/1995 s. 4(1)(a), 69/2000 s. 4(a), 11/2024 s. 27(b).
"distribution company" means a distribution company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024 ;
S. 3(1) def. of electricity corporation amended by Nos 53/1994
s. 4(1)(c),
10/1998
s. 5(1)(b), substituted by No. 11/2024 s. 27(c).
"electricity corporation", other than in Parts 3 and 5, means—
(a) a public distribution company; or
(b) a public generation company; or
(c) a public transmission company;
S. 3(1) def. of Electricity Services Victoria repealed by No. 53/1994 s. 4(1)(d).
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S. 3(1) def. of enforcement officer inserted by No. 36/1999 s. 3, repealed by No. 69/2000 s. 4(b).
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S. 3(1) def. of excluded property amended by Nos 105/1997 s. 26(1), 11/2024 s. 27(d).
"excluded property", in relation to the former SEC, means—
(a) the rights and liabilities of the former SEC under—
(i) an agreement, contract or document referred to in Schedule 3;
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(iii) an employment agreement; and
(b) the property of the former SEC referred to in Schedule 3;
S. 3(1) def. of financial accommo-dation amended by No. 11/2024 s. 27(e).
"financial accommodation" means a financial benefit or assistance to obtain a financial benefit arising from or as a result of—
(a) a loan;
(b) issuing, endorsing or otherwise dealing in promissory notes;
(c) drawing, accepting, endorsing or otherwise dealing in bills of exchange;
(d) issuing, purchasing or otherwise dealing in securities;
(e) granting or taking a lease of any real or personal property for financing but not for operating purposes;
(f) in relation to the former SEC, any other arrangement that the Governor in Council on the recommendation of the Treasurer has approved as financial accommodation in relation to the former SEC under the Borrowing and Investment Powers Act 1987 ;
"financial arrangement" means an arrangement entered into for the purpose of managing, lessening, hedging or protecting against movements in currency exchange, interest or discount rates or other costs of obtaining financial accommodation;
S. 3(1) def. of financial obligation amended by No. 11/2024 s. 27(f).
"financial obligation", in relation to the former SEC, means the liability of the former SEC in respect of—
(a) financial accommodation obtained by the former SEC; or
(b) a financial arrangement entered into by the former SEC—
and includes the liability of the former SEC in respect of inscribed stock issued by the former SEC;
S. 3(1) def. of former SEC inserted by No. 11/2024 s. 27(g).
"former SEC" has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958 ;
S. 3(1) def. of former SEC company inserted by No. 11/2024 s. 27(g).
"former SEC" company means SECV Superannuation Pty Ltd, Energy Information Technology Company Pty Ltd, Utilities Insurance Company Pty Ltd or SECV International Pty Ltd;
S. 3(1) def. of generation company inserted by No. 110/1994 s. 4(1), substituted by Nos 56/1995 s. 4(1)(b), 69/2000 s. 4(c), 11/2024 s. 27(h).
"generation company" means a generation company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024 ;
"Generation Victoria" means the body established under Division 1 of Part 2;
"instrument" includes a document and an oral agreement;
S. 3(1) def. of LaTrobe area substituted by No. 56/1995 s. 4(2)(a).
LaTrobe area means the municipal district of the Shire of LaTrobe;
S. 3(1) def. of liabilities amended by No. 11/2024 s. 27(i).
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective but, in relation to the former SEC, does not include financial obligations;
S. 3(1) def. of licence inserted by
No. 55/1997
s. 4(1), substituted by No. 69/2000 s. 4(d).
"licence" has the same meaning as in the Electricity Industry Act 2000 ;
S. 3(1) def. of licensee inserted by
No. 55/1997
s. 4(1), substituted by No. 69/2000 s. 4(d).
"licensee" has the same meaning as in the Electricity Industry Act 2000 ;
S. 3(1) def. of Loy Yang B land inserted by No. 14/1997 s. 4(1).
"Loy Yang B land" means the land shown hatched on the plan in Schedule 2 to the Loy Yang B Act 1992 ;
S. 3(1) def. of LYB Transaction Implement-ation Agreement inserted by No. 14/1997 s. 4(1), amended by No. 11/2024 s. 27(j).
"LYB Transaction Implementation Agreement" means the transaction implementation agreement dated 29 March 1997 entered into between the former SEC, Edison Mission Energy Australia Limited, Loy Yang B Power Station Pty Ltd, Loy Yang Power Ltd, the Treasurer, Leanne Power Pty Ltd and Edison Mission Energy;
S. 3(1) def. of National Electricity amended by No. 53/1994 s. 4(1)(e).
National Electricity means Power Net Victoria established under Division 2 of Part 2;
S. 3(1) def. of National Electricity Code inserted by No. 55/1997 s. 4(2), repealed by No. 8/2005 s. 15(1).
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S. 3(1) def. of NEMMCO inserted by No. 55/1997 s. 4(2).
"NEMMCO" has the same meaning as in the National Electricity (Victoria) Law;
S. 3(1) def. of Office inserted by No. 56/1995 s. 4(3), substituted by
No. 8/1996 s. 4(3), amended by No.
48/1996
s. 19, substituted by No.
25/1998
s. 165(1), repealed by No. 62/2001 s. 74(b).
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S. 3(1) def. of PoolCo inserted by No. 53/1994 s. 4(2), repealed by No. 36/1999 s. 16(a).
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S. 3(1) def. of Power Net Victoria inserted by No. 8/1996 s. 4(1)(a),
repealed by No.
10/1998
s. 5(1)(a).
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property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
S. 3(1) def. of public distribution company inserted by No. 56/1995 s. 4(3), amended by Nos 8/1996 s. 4(1)(b), 11/2024 s. 27(k).
public distribution company means a distribution company all the shares in which are held by, or on behalf of, the State or a statutory authority;
Note
See the definition of distribution company which excludes distribution companies that were not licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024 .
S. 3(1) def. of public generation company inserted by No. 56/1995 s. 4(3), amended by Nos 8/1996 s. 4(1)(c), 11/2024 s. 27(l).
"public generation company" means a generation company all the shares in which are held by, or on behalf of, the State or a statutory authority;
Note
See the definition of generation company which excludes generation companies that were not licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024 .
S. 3(1) def. of public transmission company inserted by No. 35/1997 s. 18(a), amended by No. 11/2024 s. 27(m).
"public transmission company" means a transmission company which is—
(a) a statutory authority; or
(b) a company all the shares in which are held by, or on behalf of, the State or a statutory authority;
Note
See the definition of transmission company which excludes transmission companies that were not licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024 .
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
S. 3(1) def. of SEC repealed by No. 11/2024 s. 27(s).
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S. 3(1) def. of SEC company amended by No. 110/1994 s. 4(2)(b), repealed by No. 11/2024 s. 27(s).
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S. 3(1) def. of SEC instrument repealed by No. 11/2024 s. 27(s).
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security includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation, whether or not constituting a charge on property;
TCV means the Treasury Corporation of Victoria;
S. 3(1) def. of transferred property amended by Nos 14/1997 s. 4(2)(a), 36/1999 s. 11(b), 11/2024 s. 27(n).
transferred property means property, rights or liabilities of the former SEC that, under Part 5, have vested in, or become liabilities of, an electricity corporation, former SEC company, a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 or the State;
S. 3(1) def. of transferee amended by Nos 14/1997 s. 4(2)(b), 36/1999 s. 11(c), 11/2024 s. 27(o).
"transferee", in relation to transferred property, means the electricity corporation or former SEC company or a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 to which the property has been transferred or, if the property has been transferred to the State, the State;
S. 3(1) def. of transmission company inserted by No. 35/1997 s. 18(b),
amended by No.
10/1998
s. 5(1)(c), substituted by Nos 69/2000 s. 4(e), 11/2024
s. 27(p).
"transmission company" means a transmission company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024 ;
S. 3(1) def. of undertaking amended by Nos 53/1994 s. 4(1)(f), 110/1994 ss 4(2)(c), 33(1)(a), 35/1997 s. 18(d).
undertaking in relation to an electricity corporation, VPX, a distribution company, transmission company or a generation company, means—
(a) an electrical undertaking approved by the Governor in Council (whether before or after the commencement of this section)—
(i) for the erection, construction and provision of works, appliances and conveniences for the generation of electricity (whether by the use of coal, water-power or otherwise, but not by the use of a nuclear power reactor); or
(ii) for the reception, storage, distribution, transmission, use, supply and sale of such electricity; and
(b) all buildings, works, mines, open-cuts, quarries, water, land, machinery, plant, towers, electric lines, cables and appliances used for or in connection with the electrical undertaking;
S. 3(1) def. of undertaker amended by Nos 53/1994 s. 4(1)(g), 110/1994 ss 4(2)(d), 33(1)(a), 35/1997 s. 18(c), 11/2024 s. 27(r).
undertaker means—
(a) the former SEC or an electricity corporation or VPX, a distribution company, transmission company or a generation company;
(b) a municipal council, corporation or person who, by an Order in Council under the Electric Light and Power Act 1958 or a corresponding previous enactment is authorised to supply electricity within any area;
(c) with respect to electric tramways, a person or body of persons, corporate or unincorporate, having the control and management of the tramways;
S. 3(1) def. of VENCorp inserted by No. 36/1999 s. 16(b), amended by No. 11/2002 s. 3(Sch. 1 item 20).
"VENCorp" means Victorian Energy Networks Corporation established under Part 8 of the Gas Industry Act 2001 ;
S. 3(1) def. of Victorian Power Exchange inserted by No. 110/1994 s. 33(1)(b), repealed by No. 36/1999 s. 16(c).
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S. 3(1) def. of VPX inserted by No. 110/1994 s. 33(1)(b), repealed by No. 36/1999 s. 16(c).
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S. 3(1) def. of Victorian Power Exchange or VPX inserted by No. 36/1999 s. 16(c).
"Victorian Power Exchange" or VPX means VENCorp;
S. 3(1) def. of wholesale electricity market inserted by No. 55/1997 s. 4(2).
"wholesale electricity market" means the market for wholesale trading in electricity operated by NEMMCO;
S. 3(1) def. of Yallourn works area
repealed by No. 56/1995
s. 4(2)(b).
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S. 3(2) inserted by No. 53/1994 s. 4(3).
(2) In any Act other than this Act and in all subordinate instruments (within the meaning of the Interpretation of Legislation Act 1984 ) made under any such Act and in all other instruments, unless the contrary intention appears—
(a) a reference to PoolCo must be construed as a reference to Victorian Power Exchange; and
S. 3(2)(b) repealed by No.
10/1998
s. 5(1)(d).
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S. 3(3) inserted by No. 8/1996 s. 4(4),
repealed by No. 25/1998
s. 165(2).
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S. 4
amended by Nos 53/1994 s. 4(4)(a)(b), 110/1994 s. 33(2), 79/1995
s. 4(1)(a)(b).