Victorian Numbered Acts Victorian Numbered ActsAt the end of Part 8 of the Principal Act insert —
This Act, as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , continues to apply in relation to any contravention that occurs before that commencement to which section 54A applies, as it was in force before that commencement.
This Act, as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , continues to apply in relation to any enforcement order served under section 53 before that commencement.
(1) This Act applies to any energy industry penalty notice or wrongful disconnection penalty notice as if it were a penalty notice if—
(a) it was served on an energy licensee before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 ; and
(b) before that commencement it has not been paid or withdrawn or relevant enforcement action has not been taken in relation to the contravention to which it relates.
(2) Despite subsection (1), if any matter specified in an energy industry penalty notice or wrongful disconnection penalty notice that was served on a person before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 conflicts with the requirements in this Act, the matter specified in the notice prevails.
(1) Despite the amendments made to this Act by section 5 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , this Act, as in force immediately before the commencement of that section, continues to apply in relation to a requirement or request under section 37 or 37A(1) or (2), as those sections were in force immediately before that commencement, if—
(a) notice of the requirement or request was given before that commencement; and
(b) the person to whom the notice was given has not complied with that requirement or request before that commencement.
(2) Despite the amendments made to this Act by section 5 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , this Act, as in force immediately before that commencement, continues to apply in relation to any information or document provided in response to a requirement or request under section 37 or section 37A(1) or (2), as those sections were in force immediately before that commencement, if—
(a) notice of the requirement or request was given before that commencement; and
(b) the information or document is provided in response to that requirement or request.
(1) Despite section 60E, the Commission and a relevant agency (within the meaning of that section) are not authorised to share, exchange, request, receive or disclose confidential information that was provided to or otherwise obtained by the Commission under this Act or relevant legislation—
(a) before the commencement of section 31 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 ; or
(b) after the commencement of section 31 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , if the confidential information was provided or otherwise obtained in response to a request or requirement made under this Act or relevant legislation as in force immediately before that commencement.
(2) The Commission and a relevant agency within the meaning of section 60E may share, exchange, request, receive or disclose information (other than confidential information) that was provided to or otherwise obtained by the Commission under this Act or relevant legislation in accordance with that section—
(a) before the commencement of section 31 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 ; or
(b) after the commencement of section 31 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , if the information was provided or otherwise obtained in response to a request or requirement made under this Act or relevant legislation as in force immediately before that commencement.
(3) In this section—
"confidential information" means information that, at the time the information or document is given to the Commission, the person giving it states that it is of a confidential or commercially sensitive nature.
A person who, immediately before the commencement of section 16 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , was the chief executive officer of the Commission is taken on and after that day to be the chief executive officer of the Commission appointed—
(a) on the same terms and conditions on which the person held office as chief executive officer, unless those terms and conditions are varied; and
(b) until the date on which the person's term as the chief executive officer would have otherwise expired, unless—
(i) the person resigns from office; or
(ii) the person is removed from office.
(1) On the day on which section 22 of the amending Act comes into operation, the following documents are taken to be a Code of Practice made under section 47(1)—
(a) the document entitled "Code of Conduct for Marketing Retail Energy" published by the Commission in October 2004, as amended from time to time and in effect immediately before that day;
(b) the document entitled "Electricity Customer Metering Code" published by the Commission on 13 October 2014, as amended from time to time and in effect immediately before that day;
(c) the document entitled "Electricity Customer Transfer Code" published by the Commission on 13 October 2014, as amended from time to time and in effect immediately before that day;
(d) the document entitled "Electricity Distribution Code" published by the Commission on 1 January 2006, as amended from time to time and in effect immediately before that day;
(e) the document entitled "Electricity System Code" published by the Commission in October 2000, as amended from time to time and in effect immediately before that day;
(f) the document entitled "Energy Retail Code" published by the Commission in August 2004, as amended from time to time and in effect immediately before that day;
(g) the document entitled "Gas Distribution System Code" published by the Commission with effect on 1 July 1997, as amended from time to time and in effect immediately before that day;
(h) the document entitled "Public Lighting Code" published by the Commission in December 2015, as amended from time to time and in effect immediately before that day.
(2) For the purposes of section 47(4B), a Code of Practice referred to in subsection (1) is taken to have been made on the day on which section 22 of the amending Act comes into operation.
(3) Despite section 50, a Code of Practice referred to in subsection (1) is revoked on 31 December 2025, unless it is revoked sooner.
(4) Unless the context otherwise requires, on and after the day on which section 22 of the amending Act comes into operation, any reference in any document (however described) to a document referred to in subsection (1) is taken to be a reference to the Code of Practice that the document is taken to be under that subsection.
(5) In this section—
"amending Act" means the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 .
(1) This section applies on and after the commencement of section 22 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 .
(2) Without limiting the definition of civil penalty requirement in section 3, the following provisions of the Energy Retail Code are civil penalty requirements for the purposes of this Act—
(a) clauses 16(4), 57(1), 76(1), 80(3), 81(2), (5) and (6) and 83(1);
(b) clauses 24(1), 55, 56(1) and 86(1), (2) and (3);
(c) clauses 30(2)(a), (b), (c) and (d), 31(1), (2) and (3), 82(2) and (3), 89(1)(d), 91(1) and 94(2), (3), (4), (5), (7) and (8);
(d) clauses 25(1)(e), 65(5) and 87(1) and (5);
(e) clauses 3D(1), 65(2), 68(1) and (2) and 87(2).
(3) Without limiting the definition of civil penalty requirement in section 3, the following requirements are civil penalty requirements for the purposes of this Act—
(a) an energy licensee must comply with clause 89(1)(b) of the Energy Retail Code by providing information that a residential customer is entitled to under clause 80(1) of the Energy Retail Code;
(b) an energy licensee must comply with clause 89(1)(b) of the Energy Retail Code by contacting a residential customer and providing the information that the residential customer is entitled to under clause 80(2) of the Energy Retail Code;
(c) an energy licensee must comply with clause 89(1)(c) of the Energy Retail Code by providing the tailored assistance that the customer is entitled to under clause 79(2) of the Energy Retail Code;
(d) an energy licensee must comply with clause 89(1)(c) of the Energy Retail Code by providing the tailored assistance that the customer is entitled to under clause 79(3) of the Energy Retail Code;
(e) if an energy licensee undertakes a review of the market retail contract under clause 94(4) of the Energy Retail Code and, as a result of the review, offers the residential customer an alternative customer retail contract, that contract must comply with clause 94(6) of the Energy Retail Code by making Centrepay available as a payment option;
(f) if an energy licensee creates a record under clause 3D(1)(a) of the Energy Retail Code, the record must be in the format and include the information required by clause 3D(2) of the Energy Retail Code.
(4) Words and expressions used in the Energy Retail Code and in subsection (3) have the same respective meanings in that subsection as they have in the Energy Retail Code.
(5) If the court makes a contravention order against a person in respect of a civil penalty requirement set out in subsection (2) or (3), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.
(6) If the Commission serves a penalty notice in respect of a civil penalty requirement set out in subsection (2) or (3), despite section 54T(2), the notice penalty for the contravention is—
(a) for a civil penalty requirement set out in subsection (2)(a) or (3)(a), (b), (c) or (d), an amount equal to 200 penalty units; and
(b) for a civil penalty requirement set out in subsection (2)(b), an amount equal to 56 penalty units; and
(c) for a civil penalty requirement set out in subsection (2)(c) or (3)(e), an amount equal to 84 penalty units; and
(d) for a civil penalty requirement set out in subsection (2)(d), an amount equal to 42 penalty units; and
(e) for a civil penalty requirement set out in subsection (2)(e) or (3)(f), an amount equal to 28 penalty units.
(7) If the Energy Retail Code is revoked, the civil penalty requirements set out in subsections (2) and (3) cease to be civil penalty requirements on the day on which the Energy Retail Code is revoked.
(8) The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to a civil penalty requirement set out in subsection (2) or (3) unless the person against whom the order is sought is an energy licensee.
(9) The Commission must not serve a penalty notice on a person in respect of a civil penalty requirement set out in subsection (2) or (3) unless the person is an energy licensee.
(10) This section is repealed on 31 December 2025.
(11) In this section—
"Energy Retail Code" means the document entitled "Energy Retail Code" published by the Commission in August 2004, as amended from time to time, and taken to be a Code of Practice under section 76(1)(f).
(1) This section applies on and after the commencement of section 22 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 .
(2) Without limiting the definition of civil penalty requirement in section 3, clauses 5.5.1, 6.2, 6.3.1, 6.3.2 and 9.1.12 of the Electricity Distribution Code are civil penalty requirements for the purposes of this Act.
(3) If the court makes a contravention order against a person in respect of a civil penalty requirement set out in subsection (2), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.
(4) If the Commission serves a penalty notice in respect of a civil penalty requirement set out in subsection (2), despite section 54T(2), the notice penalty for the contravention is an amount equal to 56 penalty units.
(5) If the Electricity Distribution Code is revoked, the civil penalty requirements set out in subsection (2) cease to be civil penalty requirements on the day on which the Electricity Distribution Code is revoked.
(6) The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to a civil penalty requirement set out in subsection (2) unless the person against whom the order is sought is an energy licensee.
(7) The Commission must not serve a penalty notice on a person in relation to a civil penalty requirement set out in subsection (2) unless the person is an energy licensee.
(8) This section is repealed on 31 December 2025.
(9) In this section—
"Electricity Distribution Code" means the document entitled "Electricity Distribution Code" published by the Commission on 1 January 2006, as amended from time to time, and taken to be a Code of Practice under section 76(1)(d).
(1) This section applies on and after the commencement of section 22 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 .
(2) Without limiting the definition of civil penalty requirement in section 3, clause 2.2(b) of the Gas Distribution System Code is a civil penalty requirement for the purposes of this Act.
(3) If the court makes a contravention order against a person in respect of the civil penalty requirement set out in subsection (2), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.
(4) If the Commission serves a penalty notice in respect of the civil penalty requirement set out in subsection (2), despite section 54T(2), the notice penalty for the contravention is an amount equal to 56 penalty units.
(5) If the Gas Distribution System Code is revoked, the civil penalty requirement set out in subsection (2) ceases to be civil penalty requirement on the day on which the Gas Distribution Code is revoked.
(6) The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to the civil penalty requirement set out in subsection (2) unless the person against whom the order is sought is an energy licensee.
(7) The Commission must not serve a penalty notice on a person in relation to the civil penalty requirement set out in subsection (2) unless the person is an energy licensee.
(8) This section is repealed on 31 December 2025.
(9) In this section—
"Gas Distribution System Code" means the document entitled "Gas Distribution System Code" published by the Commission with effect on 1 July 1997, as amended from time to time, and taken to be a Code of Practice under section 76(1)(g).
(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , including any repeals and amendments made by or as a result of the enactment of that Act.
(2) Regulations made under this section may—
(a) have a retrospective effect to a day on or after a date not earlier than the day on which the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 receives the Royal Assent;
(b) be of limited or general application;
(c) differ according to time, place and circumstances;
(d) leave any matter or thing to be decided by a specified person or class of person;
(e) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.
(3) To the extent to which any provision of regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making.
(4) Regulations under this section have effect despite anything to the contrary—
(a) in this Act or any other Act (other than the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 or the Charter of Human Rights and Responsibilities Act 2006 ); or
(b) in any subordinate instrument.
(5) The following are not required for any proposed statutory rule that is to be made under this section—
(a) consultation under section 6 of the Subordinate Legislation Act 1994 ;
(b) the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994 .
(6) This section is repealed on the second anniversary of the day on which it comes into operation.'.
Part 5—Amendment of Electricity Industry Act 2000