Victorian Current Acts Victorian Current ActsSchedule 1—Modifications for wholesale gas
markets and pipeline service
providers
1 Definitions
1.1 Section 2 of the NGL applies as a law of Victoria as if—
(a) before "In this Law" there were inserted "(1)"; and
(b) the following definitions were inserted in it (in the appropriate alphabetical place)—
""distributor" means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a covered pipeline that is a distribution pipeline;
"energy ombudsman" means a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 36 of the Gas Industry Act 2001 of Victoria;
"National Electricity Law" means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;
"National Electricity Rules" has the same meaning as in the National Electricity Law;
"retail customer" means a person to whom natural gas is sold for premises by a retailer;
"retailer" means a gas retailer within the meaning of the Gas Industry Act 2001 of Victoria;" and
(c) for the definition of end user there were substituted—
""end user" means a person who acquires natural gas for consumption purposes, and includes a retail customer;"; and
(d) the definition of recognised energy industry ombudsman were omitted; and
(e) at the end of the section there were inserted—
"(2) A reference in this Law to an end user includes a reference to a prospective end user.".
2 New Part 5 in Chapter 1 inserted
2.1 The NGL applies as a law of Victoria as if after Part 4 in Chapter 1 there were inserted—
" Part 5—Corporations Act displacement
26A—Corporations Act displacement
(1) The National Gas (Victoria) Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.
(2) In this section—
"relevant provision" means a provision of the Rules that relates to the functions of the AEMO under procedures relating to defaults by retailers.".
3 Section 66 substituted
3.1 The NGL applies as a law of Victoria as if for section 66 there were substituted—
" 66—Use of information provided under a notice under section 42 or a regulatory information instrument
The AER may use information provided to it by a person in compliance with a notice under section 42 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—
(a) this Law or the Rules; or
(b) the National Electricity Law or the National Electricity Rules.".
4 AER enforcement guidelines
4.1 Section 68(1) of the NGL applies as a law of Victoria as if—
(a) in paragraph (b), for the reference to "section 277." in that paragraph there were substituted "section 277; or"; and
(b) after paragraph (b) there were inserted—
"(c) accepting an enforceable undertaking under section 230A.".
5 New sections 68A and 68B inserted
5.1 The NGL applies as a law of Victoria as if after section 68 there were inserted—
" 68A—Single documentation
(1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:
(a) the National Electricity Law;
(b) the National Electricity Rules,
for the same or a similar, related or corresponding purpose.
(2) The AER may satisfy the requirements of this Law or the Rules regarding the document under this Law or the Rules by preparing and making (and where relevant publishing) a single document.
Note—
See also section 28ZH of the National Electricity Law.
68B—Use of information
(1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:
(a) the National Electricity Law;
(b) the National Electricity Rules.
(2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.
(3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.
Note—
See also section 28ZI of the National Electricity Law.
6 Disclosure required or permitted by law etc.
6.1 Section 91GC(2) of the NGL applies as a law of Victoria as if for paragraph (g) there were substituted—
"(g) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end‑use consumer information—the energy ombudsman;".
7 New Part 1A of Chapter 8 inserted
7.1 The NGL applies as a law of Victoria as if after Part 1 of Chapter 8 there were inserted—
" Part 1A—Enforceable undertakings
230A—Enforceable undertakings
(1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.
(2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.
(3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4).
(4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:
(a) an order directing the person to comply with that term of the undertaking;
(b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;
(c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;
(d) any other order that the Court considers appropriate.".
8 Proceedings for declaration that a person is in breach of a conduct provision
8.1 Section 232(4)(b) of the NGL applies as a law of Victoria as if after the words "if the person" in that paragraph there were inserted "engages".
9 AEMC may make Rules that are consequential to a Rule request
9.1 Section 297 of the NGL applies as a law of Victoria as if for subsection (1) there were substituted—
"(1) Despite section 295(2), the AEMC may, having
regard to a request to make a Rule under section 29(1), make a Rule under this
Law or the National Electricity Law that is necessary or consequential, or
corresponds, to the Rule.".
Sch. 2 inserted by No. 24/2023 s. 9.