Victorian Numbered Acts

NATIONAL ELECTRICITY (VICTORIA) FURTHER AMENDMENT ACT 2016 (NO. 24 OF 2016) - SECT 5

After Division 4 of Part 3 of the National Electricity (Victoria) Act 2005 insert —

' Division 5—Distribution network connections and retail customer connection arrangements

        16Q     Application of certain provisions of the National Electricity (South Australia) Act 1996

Despite section 6—

        (a)     section 34(1)(a)(iv) and (aa) and (3)(fa) of the NEL applies as a law of Victoria as if it were included in the National Electricity (Victoria) Law; and

        (b)     section 34(3)(h)(i) of the National Electricity (Victoria) Law applies as if for "or (f)" there were substituted ", (f) or (fa)"; and

        (c)     Schedule 1 to the National Electricity (Victoria) Law applies as if after item 26K there were inserted—

" Sale and supply of electricity to retail customers

    26M     Charges for the provision of connection services.".

Note

Until the commencement of this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section is to apply some of those amendments as laws of Victoria.

        16R     Amendment of the National Electricity Rules

    (1)     The National Electricity Rules as in force as a law of Victoria are amended as set out in Schedule 2.

    (2)     To avoid doubt, the amendments made by Schedule 2 (other than punctuation included in those amendments) form part of the National Electricity Rules and may be amended in accordance with the National Electricity (Victoria) Law.

Note

The National Electricity Rules have the force of law in this jurisdiction: see section 9 of the National Electricity (Victoria) Law. Until the commencement of this section, amendments made to the National Electricity Rules by the National Electricity (National Energy Retail Law) Amendment Rule 2012 did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section and Schedule 2 is that some of those amendments have the force of law in Victoria.

        16S     Further modification of the amended National Electricity Rules

Despite section 6, the National Electricity Rules have the force of law in Victoria as if—

        (a)     in clause 5A.A.1 the definition of customer connection contract were revoked; and

        (b)     clause 5A.C.1(c) and (d) were revoked; and

        (c)     the note to clause 5A.E.4(c) were revoked; and

        (d)     clause 5A.F.5(b)(2) were revoked; and

        (e)     for the definition of energy laws in Chapter 10 there were substituted—

" energy laws

Includes:

        (a)     legislation of Victoria that regulates electricity in Victoria, or any instrument made or issued under or for the purposes of that legislation;

        (b)     national electricity legislation within the meaning of the National Electricity (Victoria) Law;

        (c)     the Rules;

        (d)     any instrument made or issued under or for the purposes of the Rules."; and

        (f)     for the definition of energy ombudsman in Chapter 10 there were substituted—

" energy ombudsman

Is a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 28 of the Electricity Industry Act 2000 (VIC).".

        16T     Transitional provisions for retail customer connection arrangements

Schedule 3 has effect.'.