Victorian Current Acts Victorian Current ActsSchedule 5—Savings and transitional provisions
1 Definition
In this Schedule—
"old Act" means the Gas Industry Act 1994 .
2 General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .
(2) Without limiting subclause (1), in declaring that certain provisions of the Gas Industry Act 2001 are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to—
(a) limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or
(b) be an exhaustive list of the provisions of the old Act re-enacted by the Gas Industry Act 2001 .
(3) This Schedule applies despite anything to the contrary in any other provision of this Act or the Gas Industry Act 2001 .
3 Re-enacted provisions
A provision of the old Act specified in Column 1 of the Table is deemed to be re‑enacted (with modifications) by the provision of the Gas Industry Act 2001 appearing opposite in Column 2 of the Table.
TABLE
|
Old Provision |
New Provision |
|
section 5C |
section 15 |
|
section 5D |
section 16 |
|
section 6D |
section 19 |
|
section 8A |
section 17 |
|
section 8B |
section 18 |
|
section 16H |
section 186 |
|
section 16HA |
section 187 |
|
Part 2A |
Division 5 of Part 8 |
|
section 32 |
section 232 |
|
section 33 |
section 233 |
|
Part 3A |
Part 5 |
|
section 48AA |
section 21 |
|
section 48B |
section 22 |
|
section 48BA |
section 23 |
|
section 48C |
section 24 |
|
section 48D |
section 25 |
|
section 48E |
section 26 |
|
section 48F(1) (2) and (3) |
section 28 |
|
section 48F(4) |
section 29 |
|
section 48F(5) |
section 30 |
|
section 48F(6) and (7) |
section 31 |
|
section 48G |
section 34 |
|
section 48FA |
section 36 |
|
section 48GA |
section 33 |
|
section 48GC |
section 35 |
|
section 48H |
section 38 |
|
section 48I |
section 39 |
|
section 48J |
section 41 |
|
section 48K |
section 40 |
|
Old Provision |
New Provision |
|
Division 2A of Part 4A |
Division 4 of Part 3 |
|
Division 2B of Part 4A |
Division 2 of Part 4 |
|
Division 3A of Part 4A |
Division 5 of Part 3 |
|
section 48TA |
section 200 |
|
section 48TB |
section 201 |
|
section 50 |
section 141 |
|
section 51 |
section 142 |
|
section 51B |
section 144 |
|
section 52(2) |
section 145 |
|
section 53 |
section 148 |
|
section 54 |
section 149 |
|
section 55 |
section 150 |
|
section 58 |
section 151 |
|
section 59 |
section 152 |
|
section 60A |
section 146 |
|
section 62 |
section 147 |
|
Part 6A |
Divisions 1 and 2 of Part 9 |
|
Part 6AA |
Division 3 of Part 9 |
|
section 62PA |
section 53 |
|
section 91 |
section 154 |
|
section 92 |
section 155 |
|
Part 15 |
Part 6 |
|
Schedule 1A |
Schedule |
4 Superseded references to old Act
On the commencement of this clause, in any Act (other than this Act or the Gas Industry Act 2001 ), or in any instrument made under any Act or in any other document of any kind a reference to the old Act—
(a) to the extent that the reference relates to a provision of the old Act re-enacted in the Gas Industry Act 2001 , is deemed to be a reference to the Gas Industry Act 2001 ; and
(b) to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the Gas Industry (Residual Provisions) Act 1994 .
5 Pipeline under section 3
An Order made under section 3 of the old Act (definition of pipeline ) as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 9 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
6 Gaseous fuel under section 4
An Order made under section 4 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 8 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
7 Orders and agreements under section 5
(1) An Order made under section 5(1) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 10 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
(2) An agreement existing under section 5(2) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(1) of the Gas Industry Act 2001 for the purposes of that Act.
(3) An agreement existing under section 5(2A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(2) of the Gas Industry Act 2001 for the purposes of that Act.
(4) An agreement existing under section 5(3) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(1) of the Gas Industry Act 2001 for the purposes of that Act.
(5) An agreement existing under section 5(3A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(2) of the Gas Industry Act 2001 for the purposes of that Act.
(6) An Order made under section 5(4)(a) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 11 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
(7) An Order made under section 5(4)(b) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 12 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
8 VENCorp
(1) The Victorian Energy Networks Corporation continued under the Gas Industry Act 2001 is deemed to be the same body as the Victorian Energy Networks Corporation established under the Gas Industry Act 1994 .
(2) Subject to Part 8 of the Gas Industry Act 2001 , a director of the board of VENCorp holding office immediately before the commencement of this clause continues to hold that office for the same term and on the same conditions as existed immediately before that commencement.
9 Authorisation under section 42
An authorisation under section 42 of the old Act as in effect immediately before the commencement of this clause is deemed to be an authorisation made under section 80 of the Gas Industry Act 2001 .
10 Orders under section 45G and 45P
(1) An Order under section 45G of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 90 of the Gas Industry Act 2001 and may be amended or revoked accordingly.
(2) An Order under section 45P of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 103 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
11 Tariff Orders
Sch. 5 cl. 11(1) repealed by No. 25/2004 s. 24
* * * *
*
(2) The Wimmera and Colac Gas Supply Tariff Order published in the Government Gazette on 17 December 1998, as in effect immediately before the commencement of this clause, continues in effect and may be amended or revoked in accordance with section 20 of the Gas Industry Act 2001 .
(3) The Order made under section 48AA of the old Act as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 21 of the Gas Industry Act 2001 .
12 Exemptions under section 48C
An Order under section 48C of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 24 of the Gas Industry Act 2001 .
13 Licences under section 48E
A licence issued under section 48E of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under section 26 of the Gas Industry Act 2001 .
14 Orders under section 48GC
An Order under section 48GC of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 35 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
15 Orders under sections 48MA and 48MB
(1) An Order under section 48MA of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 42 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
(2) An Order under section 48MB of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 43 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
16 Orders under retail gas market rules
(1) An Order under section 48MH of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 61 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
(2) Rules approved under section 48ML of the old Act as in effect immediately before the commencement of this clause continue in effect and are deemed to be rules approved under section 65 of the Gas Industry Act 2001 and may be amended or revoked accordingly.
(3) An Order under section 48MO of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 68 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
17 MSO Rules—Order under section 48N
The Order made under section 48N of the old Act on 2 February 1999 as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 52 of the Gas Industry Act 2001 .
18 Order under section 48TA
An Order under section 48TA of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 200 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
19 Certificates under Part 15
Sch. 5 cl. 19(1) amended by No. 62/2001 s. 81(c ).
(1) A certificate of the Treasurer under section 158 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of the Commission under section 123 of the Gas Industry Act 2001 .
Sch. 5 cl. 19(2) amended by No. 62/2001 s. 81(c).
(2) A certificate of the Treasurer under section 159 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of the Commission under section 124 of the Gas Industry Act 2001 .
20 Regulations
(1) The Gas Industry (Appeal Tribunal) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the Gas Industry Act 2001 and may be amended or revoked accordingly.
(2) The Gas Industry (Authorisation) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the Gas Industry Act 2001 and may be amended or revoked accordingly.
(3) The Gas Industry (MSO Rules) Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been made under the Gas Industry Act 2001 and may be amended or revoked accordingly.
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