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ENERGY LEGISLATION AMENDMENT (CONSUMER PROTECTION) ACT 2015 (NO. 49 OF 2015) - SECT 5

New sections 23A, 23B and 23C inserted

After section 23 of the Electricity Industry Act 2000 insert

        " 23A     Condition to give information to Commission

    (1)     A licence to sell electricity is taken to include a condition requiring the licensee to comply with this section.

    (2)     The licensee must give to the Commission, for the purpose of enabling the Commission to perform its functions under Subdivision 3 of Division 2 of Part 7 of the Essential Services Commission Act 2001 , the information specified by the Commission in the guidelines issued under subsection (4).

    (3)     The licensee must give to the Commission the information referred to in subsection (2) in the manner and form (including by the date or dates) specified in the guidelines issued under subsection (4).

    (4)     The Commission must prepare and issue guidelines for the purposes of this section.

        23B     Condition relating to advertising of enforcement action taken against licensee

    (1)     A licence is taken to include a condition requiring the licensee, at the direction of the Commission, to publish a notice, approved by the Commission, containing the things set out in subsection (2) in a daily newspaper generally circulating in Victoria within the period specified by the Commission.

    (2)     A notice published under subsection (1) must contain the following things—

        (a)     a statement that enforcement action has been taken in respect of the licensee;

        (b)     an explanation of the nature of the enforcement action;

        (c)     the reason for the enforcement action;

        (d)     the status of any proceeding commenced, or action taken, in relation to the enforcement action.

    (3)     In this section—

"enforcement action" has the same meaning as in section 3 of the Essential Services Commission Act 2001 .

        23C     Condition relating to renewable energy customers

    (1)     A licence to sell electricity is taken to include a condition requiring the licensee to offer to sell electricity to a renewable energy customer at the same tariffs and on the same terms and conditions that it would offer to the customer if the customer was not a renewable energy customer.

    (2)     Nothing in subsection (1) prevents a licensee from also offering to sell renewable energy customers electricity at tariffs and on terms and conditions that the licensee only makes available to renewable energy customers.

    (3)     This section applies despite anything to the contrary in an Order made under section 13(1).

    (4)     In this section—

"renewable energy customer" means—

        (a)     a qualifying customer within the meaning of section 40F(1); or

        (b)     a TFiT scheme customer within the meaning of section 40F(1); or

        (c)     a relevant generator within the meaning of section 40F(1) engaging in the generation of electricity from a small renewable energy generation facility within the meaning of section 40F(1).".



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