Victorian Current Acts Victorian Current ActsS. 23(1) amended by No. 73/2003 s. 13(1).
(1) The Commission must, not later than 30 June 2006, conduct and complete an inquiry under the Essential Services Commission Act 2001 to make a recommendation to the Minister administering the Essential Services Commission Act 2001 as to whether or not a facility has ceased to be a significant infrastructure facility or has become a significant infrastructure facility.
S. 23(2) amended by No. 73/2003 s. 13(2).
(2) If the Minister administering the Essential Services Commission Act 2001 has determined that a facility is or continues to be a significant infrastructure facility, the Commission must conduct a further inquiry under the Essential Services Commission Act 2001 before the expiry of each subsequent period of 5 years commencing from the date that the last inquiry commenced, to make a recommendation to the Minister administering the Essential Services Commission Act 2001 as to whether or not a facility has ceased to be a significant infrastructure facility or has become a significant infrastructure facility.
(3) Despite anything to the contrary in the Essential Services Commission Act 2001 , the following applies to an inquiry conducted under this section—
(a) the Commission must publish notice of the inquiry in a daily newspaper generally circulating in Victoria;
(b) the notice must specify—
(i) the purposes of the inquiry;
(ii) the period during which the inquiry is to be held;
(iii) the period within which members of the public may make submissions;
(iv) the form in which submissions may be made;
(v) details of public hearings;
(vi) the matters about which the Commission is seeking submissions or intends to consider during public hearings;
(c) the Commission must send a copy of the notice to such persons engaged in the regulated industry and other persons or bodies that the Commission considers should be notified.
S. 23(4) amended by No. 41/2021 s. 127.
(4) Despite section 5(1) of the Essential Services Commission Act 2001 , if a provision of Part 5 of that Act is inconsistent with this Part, this Part prevails.
S. 23A inserted by No. 73/2003 s. 14.