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ENERGY SAFETY LEGISLATION AMENDMENT (VICTORIAN ENERGY SAFETY COMMISSION AND OTHER MATTERS) ACT 2020 (NO. 4 OF 2020) - SECT 32

New Part 6 inserted

After Part 5 of the Energy Safe Victoria Act 2005 insert

" Part 6—Transitional provisions—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020

        44     Definitions

In this Part—

"accountable officer" has the same meaning as in the Financial Management Act 1994 ;

"commencement day" means the date of commencement of this Part;

"Director" means the person who, immediately before the commencement day, held office as the Director of Energy Safe Victoria appointed under section 12 as in force at that time;

"financial statements" means financial statements under Part 7 of the Financial Management Act 1994 ;

"new body" means the body established by section 4 as substituted by section 23 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020 ;

"old body" means the body called Energy Safe Victoria established by section 4 as in force immediately before its substitution by section 23 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020 ;

"report of operations" means a report of operations under Part 7 of the Financial Management Act 1994 .

        45     Abolition of old body

On the commencement day

        (a)     the old body is abolished; and

        (b)     the new body is the successor in law to the old body; and

        (c)     all rights, assets, property, liabilities and obligations of the old body immediately before its abolition become rights, assets, property, liabilities and obligations of the new body; and

        (d)     the new body is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old body; and

        (e)     the new body may continue and complete any other continuing matter or thing—

              (i)     commenced by or against or in relation to the old body; and

              (ii)     commenced by or against or in relation to the Director.

        46     Abolition of office of Director of Energy Safe Victoria

On the commencement day

        (a)     the office of Director of Energy Safe Victoria is abolished; and

        (b)     the Director goes out of office.

        47     Superseded references

A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the old body (however described), or to the Director of Energy Safe Victoria (however described), must be construed as a reference to the new body

        (a)     so far as the reference relates to any period on or after the commencement day; and

        (b)     if not inconsistent with the subject matter.

        48     Staff

    (1)     On the commencement day any person who was an employee of the old body immediately before that day is taken to be an employee of the new body on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before that day as an employee of the old body.

    (2)     If subsection (1) applies to a person—

        (a)     the service of the person as an employee with the new body is to be regarded for all purposes as having been continuous with the service of the employee with the old body; and

        (b)     the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old body.

    (3)     Nothing in this section prevents an employee of the old body from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's employment.

        49     Outstanding statements and reports under Financial Management Act 1994

    (1)     The new body must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994 , the report of operations for the old body's final financial year if the old body had not prepared that report before the commencement day.

    (2)     The new body's accountable officer must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994 , the financial statements for the old body's final financial year if the old body's accountable officer had not prepared those statements before the commencement day.

    (3)     The new body must, in accordance with Part 7 of the Financial Management Act 1994 , submit the report of operations for the old body's final financial year if the old body had not submitted that report before the commencement day.

    (4)     If the new body is required to submit a report under subsection (3), the report must be submitted as soon as practicable after it has been prepared.

    (5)     The new body's accountable officer must, in accordance with Part 7 of the Financial Management Act 1994 , submit the financial statements for the old body's final financial year if the old body's accountable officer had not submitted those statements before the commencement day.

    (6)     If the new body's accountable officer is required to submit statements under subsection (5), those statements must be submitted—

        (a)     within 8 weeks after the end of the old body's final financial year; or

        (b)     if that period has already elapsed, as soon as practicable after the statements have been prepared.

    (7)     The old body's final financial year is the period of 12 months ending at midnight on 30 June preceding the commencement day.

        50     First new statements and reports under Financial Management Act 1994

    (1)     If the commencement day is not 1 July 2020—

        (a)     the new body must incorporate into the new body's first report of operations the report of operations of the old body during the transitional reporting period; and

        (b)     the new body's accountable officer must incorporate into the new body's first financial statements the financial statements for the old body during the transitional reporting period.

    (2)     The transitional reporting period is the period—

        (a)     beginning 1 July preceding the commencement day; and

        (b)     ending on the commencement day.".

Part 4—Amendments to other Acts

Division 1— Gas Safety Act 1997



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