Electricity Industry Act 2000 (Vic)

Version No. 103

Electricity Industry Act 2000

No. 68 of 2000

Version incorporating amendments as at

1 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Crown to be bound

5Extra-territorial operation

6Construction of Act

7Application of Act to certain distribution, transmission and generation companies

7AApplication of the Essential Services Commission Act 2001

7AADeclaration of classes of customers and retailers

Part 2—Regulation of electricity industry

Division 1—Introductory

8Application of Part

10Objectives of the Commission

Division 2—Price regulation

12Powers in relation to price regulation

13Regulation of tariffs for prescribed customers

15Continuation of charges relating to distribution system

15ANew Tariff Order

Division 2A—Pricing for the facilitation of the development of generation facilities

15BDefinitions

15CRelevant augmentations

15DCharging principles applicable to the connection of generation facilities to distribution systems

15EPricing principles in relation to relevant distribution systems

Division 3—Licences

16Prohibition

17Exemptions

18Application for licence

19Grant or refusal of application

20Provisions relating to licences

21Specific licence conditions

22Determination of fees and charges

23Condition restricting sale to certain customers

23ACondition to give information to Commission

23BCondition relating to advertising of enforcement action taken against licensee

23CCondition relating to renewable energy customers

25Condition specifying industry codes, standards, rules or guidelines

26Condition relating to customer-related standards, procedures, policies and practices

28Customer dispute resolution

29Variation or revocation of licence

29AACommission to consult AER before revoking a retail licence

29ABCommission to notify AER and AEMO of revocation of retail licence

29AVariation to licence condition—contravention of licence or Code of Practice

30Gazettal requirement

31Transfer of licence

33AMinisterial powers in relation to transmission company licences

33ABMinisterial licence conditions

33ACContents of Ministerial licence conditions

33ADConsultation with Ministers

33AEConsultation with affected licensees in certain cases

33AFNotification of the Commission

33AGNo consultation for proposed Order in certain cases

33AHMinister to notify Commission of making of Order under section 33AB(1)

33AILicences are taken to be subject to Ministerial licence conditions

33AJInconsistency between Ministerial licence conditions and Commission licence conditions

Division 3A—Register of Exempt Persons

33BDefinitions

33CRegister of Exempt Persons

33DApplication for registration in Register of Exempt Persons

33ERegistration

33FPublic availability of Register of Exempt Persons

Division 4—Appointment of administrator

34Appointment of administrator

34ACorporations Act displacement

Division 5—Terms and conditions of sale and supply of electricity

35Offer to domestic or small business customers (licensee standing offers)

35ALicensee standing offer tariffs to be given to Commission

35BCommission must publish on Internet licensee standing offer tariffs

35CInternet publication and bill notification of licensee standing offers

35DRequired tariff information and licensee contact information to be published in newspaper and Government Gazette

35EOrder specifying method and variables to be used to determine weighted tariff variation

36Terms and conditions of contracts for sale of electricity to certain customers

36APublication of tariffs, terms and conditions of sale of electricity (relevant published offers)

37Deemed contracts with former franchise customers

39Deemed contracts for supply and sale for relevant customers

39ACommission must report to Minister on electricity supply offers

40ADeemed distribution contracts

40BCompensation for wrongful disconnection

40CProhibition on fees for late payment

40DRegulation of exit fees

40ERegulation of pre-payment meters

40EAProhibition on save and win-back offers

40EBProhibition relating to door-to-door sales and cold-calling

Division 5A—Terms and conditions for the purchase of small renewable energy generation electricity

40FDefinitions

40FAMeaning of premium solar feed-in tariff terms and conditions

40FABMeaning of transitional feed-in scheme tariff terms and conditions

40FBMeaning of general renewable energy feed-in terms and conditions

40FBARates for purchases of small renewable energy generation electricity

40FCMeaning of premium solar feed-in tariff period

40FCAMeaning of TFiT scheme period

40FDApplication of premium solar feed-in tariff and TFiT scheme terms and conditions obligations

40FEMinister may declare the declared scheme capacity day

40FEAMinister may declare TFiT scheme end day

40FFRelevant licensee condition relating to premium solar feed-in tariff and TFiT scheme tariff

40FGSmall retail licensees may offer to purchase qualifying solar energy generation electricity or TFiT scheme electricity

40FHDistribution company licences to require credits for qualifying solar energy generation electricity and TFiT scheme electricity

40FIPass through of costs associated with credits for qualifying solar energy generation electricity

40FJDistribution companies to report annually on connected qualifying solar energy generating facilities

40GRetailer licence condition relating to purchase of small renewable energy generation electricity

40GAUnilateral variation of general renewable energy feed-in terms and conditions prohibited

40HWhen do published feed-in offers take effect?

40IReference of small renewable energy generation electricity feed‑in offers to Commission

40JCommission assessment of small renewable energy generation feed-in terms or conditions

40KCertain Commission assessment reports to be made publicly available

40LCommission determination of small renewable energy generation prices, terms and conditions

40MDeclaration of small renewable energy generation electricity general feed-in terms and conditions

40MAARelevant licensee must input declared general feed-in terms and conditions into Minister nominated Internet site

40MADeclaration of qualifying solar energy generation electricity premium solar feed‑in terms and conditions

40MABDeclaration of TFiT scheme terms and conditions

40MBWhen do declared ESC recommended feed-in terms or conditions take effect?

40MCWhen do declared ESC determined feed‑in terms or conditions take effect?

40MDLicence condition applying to relevant licensee named in Ministerial declaration

40MELicence condition applying to small retail licensee named in Ministerial declaration

40NRetailer Internet site must be up to date for small renewable energy generation electricity purchase offers

40NARetailer Internet site must be up to date for premium solar feed-in tariff offers

40NBRetailer Internet site must be up to date for transitional feed‑in tariff offers

Division 5B—Condition relating to greenhouse gas emissions and energy efficiency benchmarking information

40ODefinitions

40PMeaning of bill benchmarking information

40QDeclaration of residential customers

40RCondition relating to greenhouse gas emissions and energy efficiency benchmarking information

40SCommission guidelines relating to greenhouse gas emissions information condition

Division 5BA—Offshore wind energy generation companies

40SAAMinister may declare an offshore wind energy generation company

Division 5C—Disconnection of supply of electricity

Subdivision 1—Preliminary

40SADefinitions

40SBMeaning of relevant customer

40SCObjects

Subdivision 2—Offences

40SDKnowingly or recklessly disconnecting supply of electricity at premises

40SEDisconnection of supply of electricity at premises

40SFKnowingly or recklessly disconnecting supply of electricity at premises of life support customer

40SGLife support customers and residents—retailer obligations when advised or notified

40SHLife support customers and residents—retailer obligations when advised by distribution company or gas distribution company

40SILife support customers and residents—retailer obligations when advised by exempt electricity sellers

40SJLife support customers and residents—exempt electricity seller obligations when advised by relevant customer

40SKLife support customers and residents—exempt electricity seller obligations when advised by exempt distributor

Subdivision 3—Permitted grounds for disconnection

40SLSupply of electricity may be disconnected by agreement or on notice from relevant customer

40SMSupply of electricity may be disconnected for non‑payment of bill or failure to comply with terms of relevant assistance

40SNSupply of electricity may be disconnected for failure to pay security deposit

40SOSupply of electricity may be disconnected for refusal to provide acceptable identification

40SPSupply of electricity may be disconnected if access to meter denied

40SQSupply of electricity may be disconnected if there is taking of electricity without notification by customer

40SRSupply of electricity may be disconnected in the prescribed circumstances

40SSRestrictions on retailer or exempt electricity seller disconnecting supply of electricity

Subdivision 4—Disconnection for fraudulent or illegal taking of electricity

40STSupply of electricity may be disconnected if electricity taken by fraudulent or illegal means—retailers

40SUSupply of electricity may be disconnected if electricity taken by fraudulent or illegal means—exempt electricity sellers

Subdivision 5—Register of life support customers and residents

40SVRegister of life support customers and residents

Subdivision 6—Miscellaneous

40SWAlternative verdict for charge of knowingly or recklessly disconnecting supply of electricity at premises

Division 6—Hardship policies

41Definitions

42Objects

43Financial hardship policies

43AReview of financial hardship policy at the direction of Commission

43BLicensee may submit variation to, or replacement of, financial hardship policy for approval

43CContent of financial hardship policies

44Commission may develop guidelines

45Commission approval

Division 6A—Advanced metering infrastructure

46BDefinitions

46CLicence condition requiring compliance with Order

46CAExempt seller condition requiring compliance with Order

46DOrders in relation to advanced metering infrastructure

46DAInterrelationship of Orders and other provisions relating to tariffs

46EGeneral powers in relation to Orders

Division 7—Community services agreements

47Community services

48Transitional provision relating to community services

49Commission may decide certain matters

Division 8—Victorian specific retailer of last resort processes

49ADefinitions

49BEffect of issue of RoLR event on licence held by a failed national retailer

49CCertain information to be provided to AER and AEMO by the Commission

Division 9—Trial waivers

Subdivision 1—Interpretation

51Definitions

52Innovative trial principles

Subdivision 2—Trial waiver orders

53Order in Council in relation to trial waivers

Subdivision 3—Grant of trial waivers

54Trial waiver

55Conditions of trial waiver

56Consultation on trial waiver

57Publication of trial waiver

58Duration of trial waiver

Subdivision 4—Extension of trial waivers

59Extension of trial waiver

Subdivision 5—Variation and revocation of trial waivers

60Variation of trial waiver, or conditions of trial waiver, by Commission

61Variation of trial waiver, or conditions of trial waiver, by agreement

62Revocation of trial waiver

Subdivision 5A—Compliance

62ACompliance with conditions of trial waiver

Subdivision 6—Trial project guidelines

63Preparation and issue of trial project guidelines

64Amendment of trial project guidelines

65Consideration of AER trial project guidelines

Subdivision 7—Information sharing with the AER

66Information disclosure

Subdivision 8—Miscellaneous

67Register of trial waivers

68Trial waiver not personal property

Part 4—Protection of critical electricity infrastructure

79Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited

80Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles

Part 5—Powers of electricity corporations

Division 1—Preliminary

85Definitions

Division 2—Easements and acquisition of certain land

86Power to acquire easements with approval of Governor in Council

86AAcquisition of easement—easement in gross

87Acquisition of land within Latrobe area

88Making of easements in subdivisions

89Certain easements may be used for carriage service

90Easements over lands held by Crown licensees or lessees

91Arrangements for joint use of easements

92Cancellation of easements

Division 3—Works

Subdivision 1—Preliminary

92ADefinitions

Subdivision 2—General powers and duties relating to works

93Powers as to works etc.

93ASafety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

93BNotification of owners or occupiers of land on which there is rail infrastructure or rolling stock

Subdivision 3—Further statutory power of entry

93BAAuthorisation by Minister

93BBIdentification cards

93BCPower to enter land

93BDNotice of proposed entry must be given in advance

93BEEntry must be proportionate

Subdivision 4—Entry in accordance with court order

93BFWhat is an entry order?

93BGAuthorised officer may apply for entry order

93BHAuthorised officer must serve notice of application for entry order

93BIOwner or occupier may object to application for entry order

93BJMagistrates' Court may extend or abridge the time within which an objection may be made

93BKHow Magistrates' Court is to determine application for entry order

93BLMagistrates' Court may make entry order

93BMAuthorised officer must serve order

Subdivision 5—Provisions applicable to entry under Subdivision 3 or 4

93BNReferences to relevant authority

93BONotice must be given on entry

93BPIdentification card must be carried and produced on request

93BQAuthorised officer may direct person to identify themselves

93BRAuthorised officer may give warning or direction

93BSAuthorised activities must not be hindered, obstructed or delayed

Subdivision 6—Miscellaneous

93BTImpersonation of authorised officers

93BUService

93BVPower to serve an infringement notice

93BWInfringement penalties

93BXNo double jeopardy

Division 4—Miscellaneous

93CNotification of electricity corporations before railway operations carried out

94Rateability of certain property

Part 6—Electricity supply emergency provisions

Division 1—Emergency provisions

95Proclamation that this Part applies

96Powers of Minister

97Offences

98Judicial notice

99Immunity from suit

99ACorporations Act displacement

Division 2—Enforcement

100Powers of entry—enforcement

101Occupier to be given copy of consent

102Search warrant

103Announcement before entry

104Copy of warrant to be given to occupier

105Person authorised by Energy Safe Victoria can bring proceedings

Division 3—Infringement notices

106Definition

107Power to serve a notice

109Infringement penalties

Part 6A—Compliance and enforcement reporting

109ACompliance and enforcement report—retailers

109BPerformance indicators for compliance and enforcement reports

109CReporting of systemic issues referred to Commission

Part 6AB—Electricity outage emergency directions

109DDefinitions

109EPower to give emergency direction

109FMatters to be considered and things to be done before the giving of emergency direction

109GPeriod of effect of emergency direction

109HExtension of effect of emergency direction

109ICompliance with emergency direction

109JDirection of Minister under section 96 prevails over emergency direction

109KRegister of emergency directions

109LDisclosure of information related to affected customers to certain public sector entities

109MDelegation

Part 7—General

Division 1—General enforcement

116AAOffence to give false or misleading information or documents

116AABMonetary benefits orders

116AACDetermining amount to be paid under monetary benefits order

116AADRecovery of amounts ordered to be paid

116AAEAdverse publicity orders

Division 2—Miscellaneous

116Delegation by Minister

118Supreme Court—limitation of jurisdiction

119Regulations

Part 8—Savings and transitionals

120Transitional provision—Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013

121Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017

122Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021

123Savings and transitional provisions—Regulatory Legislation Amendment (Reform) Act 2025

124Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025

Schedule

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 103

Electricity Industry Act 2000

No. 68 of 2000

Version incorporating amendments as at

1 November 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to regulate the electricity supply industry.

2Commencement

(1)Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Section 19(5) comes into operation on a day to be proclaimed.

(3)Section 83 comes into operation on a day to be proclaimed.

(4)The remaining provisions of this Act come into operation on 1 January 2001.

(5)If section 83 does not come into operation before 31 December 2001, it comes into operation on that day.

3Definitions

In this Act—

ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Commission or a Division of the Commission performing functions of the Commission;

*                *                *                *                *

AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;

AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);

AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;

affected licensee means—

(a)a licensee whose licence in relation to which the Minister proposes to make an Order under section 33AB(1) specifying a condition to which the licence is to be subject; or

(b)a licensee whose licence is subject to a Ministerial licence condition which the Minister proposes to vary or revoke under an Order under section 33AB(1);

associate, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act if sections 13, 16(2) and 17 did not form part of that Act;

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*                *                *                *                *

Code of Practice means a Code of Practice applying to the electricity industry under Part 6 of the Essential Services Commission Act 2001 or under this Act;

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

company means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;

corporation has the same meaning as in the Corporations Act;

critical electricity infrastructure means—

(a)a critical generation facility; or

(b)a related coal mine; or

(c)a substation, terminal station or distribution system or transmission system switchyard;

Note

Electricity is converted, transformed and controlled at a substation, terminal station, or distribution system or transmission system switchyard.

critical generation facility—

(a)means a generation facility that—

(i)generates electricity; and

(ii)has an installed or name plate generation capacity of 1000 kVA or greater; and

(b)includes a water storage facility associated with a generation facility referred to in paragraph (a);

declared transmission system operator has the meaning given by section 33 of the National Electricity (Victoria) Act 2005;

deemed Ministerial licence condition means a Ministerial licence condition to which section 33AI(1) or (2) applies;

distribution company means a person who is the holder of a licence to distribute electricity;

domestic or small business customer means a person, or a member of a class of persons, to whom an Order under section 35(5) applies;

electricity bill means—

(a)in this Act (except Division 5C of Part 2), a bill or an account issued by a licensee to a customer for the supply or sale of electricity; and

(b)in Division 5C of Part 2, a bill or an account issued by a retailer or an exempt electricity seller (within the meaning of that Division) to a relevant customer (within the meaning of that Division) for the supply or sale of electricity;

Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;

enforcement officer means a person appointed as an enforcement officer under Part 11 of the Electricity Safety Act 1998;

failed retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

generation company means a person who is the holder of a licence to generate electricity for supply or sale;

industry code does not include a Code of Practice;

insolvency official has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

licence means a licence issued under Part 2;

licensee means the holder of a licence issued under Part 2;

licensee standing offer means—

(a)the tariffs fixed under an Order in force under section 13 or determined under a price determination in force under such an Order or, if there are no such tariffs, the tariffs determined by a licensee under section 35(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee as provided for under section 35(3); and

(b)the terms and conditions determined by a licensee and approved by the Commission under section 35(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee and approved by the Commission as provided for under section 35(4);

MCE means the group of Ministers, constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described) responsible for energy matters at a national level that is comprised of the following 9 Ministers—

(a)one Minister from the Commonwealth;

(b)one Minister from each State;

(c)one Minister from each Territory—

which acts in accordance with its own procedures;

Ministerial licence condition—

(a)means a condition specified under an Order under section 33AB(1) to which a licence, or a specified class of licence, is to be subject; and

(b)includes a condition referred to in paragraph (a) as varied under an Order under section 33AB(1);

National Electricity Rules has the same meaning as in the National Electricity (Victoria) Law;

national retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

negotiated connection contract has the meaning given by clause 5A.C.1 of the National Electricity Rules;

*                *                *                *                *

*                *                *                *                *

offshore wind energy generation company means a person declared to be an offshore wind energy generation company under section 40SAA;

public sector employee has the same meaning as in the Public Administration Act 2004;

Register of Exempt Persons means the register established and maintained under section 33C;

regulated tariff standing offer means a licensee standing offer that is subject to an Order under section 13 that is in force;

related coal mine—

(a)means a coal mine from which coal is extracted for use in a critical generation facility; and

(b)includes a water storage facility associated with a coal mine referred to in paragraph (a);

relevant published offer means the tariffs and terms and conditions on which a specified retailer sells electricity to small retail customers that are published in accordance with section 36A;

retail licence means a licence to sell electricity otherwise than through a wholesale electricity market;

retailer means the holder of a licence to sell electricity otherwise than through the wholesale electricity market;

RoLR event has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

*                *                *                *                *

small retail customer in section 36A, 40C, 40D or 40E means a person in a class of persons declared to be small retail customers for the purposes of that section by Order under section 7AA(1)(a);

specified circumstances, in section 36A, means circumstances declared to be specified circumstances by Order under section 7AA(1)(c);

specified retailer means a retailer declared to be a specified retailer by Order under section 7AA(1)(b);

stand-alone power system has the same meaning as in section 6B(6) of the National Electricity (Victoria) Law;

standing offer means—

(a)a licensee standing offer; or

(b)a regulated tariff standing offer;

supply and sale contract means a contract for the sale or supply of electricity, whether oral or in writing, or partly oral and partly in writing;

Tariff Order means an Order made under section 15A as that Order is amended and in force from time to time;

transmission company means a person who is the holder of a licence to transmit electricity;

trial waiver—see section 54;

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VicGridhas the same meaning as in the National Electricity (Victoria) Act 2005;

*                *                *                *                *

wholesale electricity market has the same meaning as in the National Electricity (Victoria) Law.

4Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5Extra-territorial operation

It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—

(a)land situated outside Victoria, whether in or outside Australia;

(b)things situated outside Victoria, whether in or outside Australia;

(c)acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;

(d)things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.

6Construction of Act

This Act must be read and construed as one with the Electricity Industry (Residual Provisions) Act 1993.

7Application of Act to certain distribution, transmission and generation companies

(1)The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions in Part 5 of this Act or specified provisions in another Act to a distribution company, transmission company or generation company does not include a reference to a specified distribution company, transmission company or generation company.

(2)A copy of an Order under subsection (1) must be laid before each House of the Parliament on or before the sixth sitting day after it is made.

(3)An Order under subsection (1) is subject to disallowance by a House of the Parliament, and section 23 of the Subordinate Legislation Act 1994 applies as if the Order were a statutory rule.

7AApplication of the Essential Services Commission Act 2001

For the purposes of the Essential Services Commission Act 2001—

(a)this Act is relevant legislation; and

(b)the electricity industry is a regulated industry.

7AADeclaration of classes of customers and retailers

(1)The Governor in Council may by Order published in the Government Gazette—

(a)declare a class or classes of persons to be small retail customers for the purposes of section 36A, 40C, 40D or 40E;

(b)declare a licensee to be a specified retailer for the purposes of section 36A;

(c)declare circumstances to be specified circumstances for the purposes of section 36A.

(2)An Order under subsection (1)(a) may declare a different class or classes of persons to be small retail customers for the purposes of each section specified in that paragraph.

(3)An Order under subsection (1)(a) may specify a class of persons by reference to all or any of the following—

(a)the person authorised to sell the electricity;

(b)the purpose for which the electricity is used;

(c)the quantity of electricity used;

(d)the period of use;

(e)the place of supply;

(f)the nature of the contract for supply of electricity;

(g)financial circumstances;

(h)any other specified factor of any kind.

(3A)An Order under subsection (1)(b) may declare a licensee to be a specified retailer by reference to all or any of the following—

(a)the number of small retail customers of the licensee;

(b)the tariffs at, and terms and conditions on, which the licensee sells electricity to its small retail customers;

(c)the distribution area of a distribution company provided for in the company's licence;

(d)any other specified factor relevant to the sale of electricity.

(3B)An Order under subsection (1)(c) may declare circumstances to be specified circumstances by reference to all or any of the following—

(a)the number of small retail customers of a specified retailer;

(b)the tariffs at, and terms and conditions on, which a specified retailer sells electricity to its small retail customers;

(c)the distribution area of a distribution company provided for in the company's licence;

(d)any other specified factor relevant to the sale of electricity.

(4)An Order under this section may confer powers and functions on, and leave any matter to be decided by, the Commission.

PART 2—REGULATION OF ELECTRICITY INDUSTRY

Division 1—Introductory

8Application of Part

This Part applies to any person, including any distribution company, transmission company, retailer and generation company.

*                *                *                *                *

10Objectives of the Commission

The objectives of the Commission under this Act are—

(a)to the extent that it is efficient and practicable to do so, to promote a consistent regulatory approach between the electricity industry and the gas industry; and

(b)to promote the development of full retail competition; and

(c)to promote protections for customers, including in relation to assisting customers who are facing payment difficulties.

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Division 2—Price regulation

12Powers in relation to price regulation

(1)For the purposes of Part 3 of the Essential Services Commission Act 2001—

*                *                *                *                *

(b)the power to regulate prescribed prices in respect of prescribed goods and services is conferred on the Commission in respect of the following—

(i)charges for connection to, and the use of, any distribution system;

*                *                *                *                *

(iii)tariffs for the sale of electricity regulated by Order under section 13, to the extent specified in such an Order.

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13Regulation of tariffs for prescribed customers

(1)The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of electricity to prescribed customers or a class of prescribed customers.

(1A)The Minister may make a recommendation under subsection (1)—

(a)if, under an MCE directed retail competition review, the AEMC—

(i)concludes that competition in a market for electricity is not effective; and

(ii)recommends, in accordance with the MCE's written direction for that review, that price controls on prices for retail electricity services be (as the case requires) retained or reintroduced; or

(b)if the Commission makes a recommendation in a report under section 10AAB of the Essential Services Commission Act 2001 that price controls on prices for retail electricity services be (as the case requires) retained or reintroduced.

(1B)In addition, the Minister may make a recommendation under subsection (1) on the basis of any other information available to the Minister, including information made available to the Minister before the commencement of this subsection.

(1C)Before making a recommendation under subsection (1), the Minister must consult the Premier and the Treasurer.

(2)Without limiting the generality of subsection (1), the manner may include—

(a)fixing the tariff or the rate of increase or decrease in a tariff;

(b)fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff;

(c)fixing an average tariff or an average rate of increase or decrease in the average tariff;

(d)specifying policies or principles for fixing tariffs;

(e)specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(f)specifying a tariff determined by reference to any one or more of the following—

(i)a prescribed customer or a class of prescribed customers;

(ii)a person or a class of persons authorised to sell electricity;

(iii)the purpose for which the electricity is used;

(iv)the quantity of electricity used;

(v)the period of use;

(vi)the place of supply;

(vii)any other specified factor relevant to the sale of electricity.

(2AA)Without limiting the generality of subsection (1), an Order under that subsection may—

(a)prohibit or exclude any specified cost, matter or thing from being had regard to by the Commission in making a decision, including a price determination, in respect of any tariff for the sale of electricity to prescribed customers or a class of prescribed customers; and

(b)regulate the offer, or the giving, of a discount or other benefit to prescribed customers or a class of prescribed customers, including—

(i)the maximum amount or value of a discount or other benefit that may be offered or given to prescribed customers or a class of prescribed customers; and

(ii)the periods when a discount or other benefit may be offered or given to prescribed customers or a class of prescribed customers.

(2A)Without limiting the generality of subsection (1), in determining the manner tariffs for the sale of electricity to prescribed customers or a class of prescribed customers are to be regulated, the Governor in Council may have regard to the tariffs paid or payable by the prescribed customers or a class of prescribed customers.

(3)An Order under subsection (1) may—

(a)direct the Commission to make a decision, including a price determination, in respect of any factors and matters, or in accordance with any procedures, matters or bases, that are specified in the Order; and

(b)direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(c)confer powers and functions on, and leave any matter to be decided by, the Commission; and

(d)include saving and transitional provisions.

(3A)An Order under subsection (1) may—

(a)be of general or limited application;

(b)differ according to differences in time, place and circumstances.

(3B)An Order under subsection (1) has effect according to its tenor despite anything to the contrary in any agreement or contract.

(4)An Order under subsection (1) has effect as from the date specified in the Order.

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(5)The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of prescribed customers.

(6)In this section—

MCE directed retail competition review means an MCE directed review (within the meaning of the National Electricity (Victoria) Law) under section 41(1)(d) of that Law;

prescribed customer means a person, or a member of a class of persons, to whom an Order under subsection (5) applies;

price determination means a determination under section 33 of the Essential Services Commission Act 2001.

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15Continuation of charges relating to distribution system

(1)This section applies if—

(a)the Commission has made a determination under the Essential Services Commission Act 2001 regulating charges for connection to, and the use of, any distribution system; and

(b)proceedings are commenced in respect of the determination; and

(c)the determination is stayed or set aside.

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(3)If the decision to stay or set aside the determination is made on or after 1 January 2001, then despite the determination being stayed or set aside and despite anything to the contrary in the Tariff Order, the provisions of the determination regulating charges for connection to, and the use of, a distribution system will apply to that distribution system on and after the date of the decision to stay or set aside the determination until a determination of the Commission is in effect regulating those charges.

(4)Subsection (3) is subject to any order of the Court or VCAT under the Essential Services Commission Act 2001 to the contrary.

(5)The Governor in Council may, by Order published in the Government Gazette, provide for transitional arrangements between the operation of subsection (3) and the operation of any determination of the Commission that takes effect following the determination of the proceedings.

(6)An Order under subsection (5) may direct the Commission to make a decision in respect of such factors and matters or in accordance with such procedures, matters or bases as are specified in the Order, or both.

(7)In this section proceedings, in relation to a determination, means—

(a)proceedings on an application for review under section 55 of the Essential Services Commission Act2001 against the determination; or

(b)proceedings before a Court of a kind permitted by section 62 of the Essential Services Commission Act 2001 in respect of the determination.

15ANew Tariff Order

(1)The Governor in Council may, by Order published in the Government Gazette—

(a)specify pricing principles to apply to the making of any determination under the Essential Services Commission Act 2001 regulating charges (other than charges for excluded services) for connection to, and the use of, any distribution system;

(b)determine or authorise the Commission to determine under the Essential Services Commission Act 2001 the distribution services that are to be excluded services for the purposes of a determination under the Essential Services Commission Act 2001 regulating charges for connection to, and the use of, a distribution system;

(c)specify the criteria to be complied with by the Commission in determining under the Essential Services Commission Act 2001 the distribution services that are to be excluded services for the purposes of a determination under the Essential Services Commission Act 2001 regulating charges for connection to, and the use of, a distribution system;

(d)make provision for any matter ancillary to any matter referred to in paragraphs (a) to (c).

(1A)The Commission must not determine distribution services provided through the use of a part of a distribution system that is a relevant augmentation to be excluded services if there is in force an Order under section 15E that applies to that augmentation.

(1B)In subsection (1A) relevant augmentation has the same meaning as in section 15B.

(2)The Governor in Council may, by Order published in the Government Gazette, amend or revoke an Order under this section.

Division 2A—Pricing for the facilitation of the development of generation facilities

15BDefinitions

In this Division—

relevant augmentation means an augmentation or proposed augmentation to a distribution system declared under section 15C to be a relevant augmentation;

relevant distribution system means a distribution system to which there is or is proposed to be a relevant augmentation;

relevant generator means—

(a)a generation company; or

(b)a person engaging in the generation of electricity for supply or sale that has been exempted under section 17 from the requirement to hold a licence in respect of that activity.

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15CRelevant augmentations

(1)The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, declare an augmentation or proposed augmentation to a distribution system to be a relevant augmentation.

(2)Before making a recommendation under subsection (1) the Minister must be satisfied the augmentation or proposed augmentation facilitates the development and construction of a generation facility.

15DCharging principles applicable to the connection of generation facilities to distribution systems

(1)The Governor in Council may, by Order published in the Government Gazette—

(a)specify the principles to be applied by an operator of a relevant distribution system in determining connection charges for connection to, and use of, the relevant distribution system by a relevant generator in relation to electricity supplied from a generation facility operated by that generator so as to enable that operator to recover the capital costs that operator has incurred or may incur in respect of a relevant augmentation; and

(b)specify the procedure for resolving disputes between an operator of a relevant distribution system and a relevant generator in relation to the application of the principles referred to in paragraph (a).

(2)An Order under subsection (1) may confer powers and functions on the Commission to resolve a dispute referred to in subsection (1)(b), including the power to resolve a dispute by determining the application of the principles referred to in subsection (1)(a).

(3)Section 35 of the Essential Services Commission Act 2001 applies to the making of a determination by the Commission under an Order under subsection (1).

(4)An Order under subsection (1), and a determination of the Commission made under that Order, apply despite anything to the contrary in—

(a)the Tariff Order; or

(b)a licence to distribute or supply electricity; or

(c)a determination of the Commission made under the Essential Services Commission Act 2001.

15EPricing principles in relation to relevant distribution systems

(1)The Governor in Council may, by Order published in the Government Gazette, specify the pricing principles to apply to the making of a determination under the Essential Services Commission Act 2001 regulating the charges (other than charges for excluded services) for connection to, and the use of, a relevant distribution system.

(2)If there is an inconsistency between an Order under subsection (1) and the Tariff Order, the Order under subsection (1) prevails to the extent of the inconsistency.

Division 3—Licences

16Prohibition

(1)A person must not engage in the generation of electricity for supply or sale or the transmission or distribution of electricity or supply or sale of electricity by retail unless the person—

(a)is the holder of a licence authorising the relevant activity; or

(b)is exempted from the requirement to obtain a licence in respect of the relevant activity; or

(c)is the holder of a trial waiver in respect of the relevant activity.

(1A)A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding 1000 penalty units and 100 penalty units for each day after the day on which a notice of contravention of that subsection is served on the person by the Commission.

(1B)Subsection (1) is a civil penalty requirement for the purposes of the Essential Services Commission Act 2001.

(2)This section does not prohibit the transmission, distribution or supply of electricity by and for the use of a passenger transport company within the meaning of the Transport (Compliance and Miscellaneous) Act 1983.

(3)Subsection (1) does not apply to AEMO when it is performing a function or exercising a power under the National Electricity (Victoria) Law.

(4)Subsection (1) does not apply to VicGrid when it is performing a function or exercising a power under the National Electricity (Victoria) Law as modified by or under the National Electricity (Victoria) Act 2005.

Note

For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001.

17Exemptions

(1)The Governor in Council may by Order in Council published in the Government Gazette exempt a person from the requirement to obtain a licence in respect of the activity specified in the Order in Council.

(2)An Order under subsection (1) may—

(a)be of general or specific application; and

(b)differ according to differences in time, place and circumstances; and

(c)apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i)as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or

(ii)as amended from time to time; and

(d)include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and

(e)be subject to such terms, conditions and limitations as are specified in the Order; and

(ea)provide that an exemption is effective in respect of a person if the person is registered under Division 3A; and

(f)direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(g)include saving and transitional provisions; and

(h)have effect according to its tenor despite anything to the contrary in any agreement or contract; and

(i)have effect despite anything to the contrary in section 13; and

(j)confer powers and functions on, and leave any matter to be decided by, the Commission.

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18Application for licence

(1)A person may apply to the Commission for the issue of a licence authorising one or more of the following activities—

(a)to generate electricity for supply or sale;

(b)to transmit electricity;

(c)to distribute or supply electricity;

(d)to sell electricity.

(2)An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

(3)An application must be accompanied by the application fee (if any) fixed by the Commission.

19Grant or refusal of application

(1)Subject to subsection (2) the Commission may grant or refuse an application for the issue of a licence for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

(2)The Commission must not grant an application for the issue of a licence unless the Commission is satisfied that—

(a)subject to subsection (3), in the case of an application for a licence to sell electricity, the applicant is financially viable; and

(b)subject to subsection (4), the applicant has the technical capacity to comply with the conditions of the licence.

(3)The Commission does not have to be satisfied as to the applicant's financial viability, if the applicant is applying for a licence which includes a condition requiring compliance with the National Electricity Rules and the Rules include prudential requirements.

(4)The Commission does not have to be satisfied as to the applicant's technical capacity to comply with the conditions of the licence at the time it is issued if—

(a)the activities specified in the licence are not likely to be commenced to be carried out within the next following 12 months; and

(b)the application is granted subject to such conditions as are decided by the Commission relating to further approval of the applicant's technical capacity or approval of future facilities necessary for the carrying out of the activities.

(5)The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer.

(5A)Without limiting subsection (5), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria).

(6)The Commission must publish a notice in a daily newspaper generally circulating in Victoria—

(a)specifying that an application for a licence in respect of the relevant activity has been lodged with the Commission by the person specified in the notice; and

(b)inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

(7)Subject to this section and any requirements specified in regulations made for the purposes of this section under section 119, the Commission may decide the procedures that are to apply in respect of the issue of licences.

(8)The Commission must notify an applicant in writing of its decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision.

20Provisions relating to licences

(1)A licence is to be issued for such term (if any) as is decided by the Commission and is specified in the licence.

(2)A licence is subject to such conditions as are decided by the Commission.

Note

A licence is also subject to conditions deemed under this Act to be licence conditions of the licence or to which the licence is subject, including conditions specified by the Minister by Order under section 33AB(1).

(3)If a licence is issued to 2 or more persons for the purpose of the carrying on by those persons of the activities authorised by the licence in partnership or as an unincorporated joint venture, the licence may include conditions relating to the carrying on of those activities in that manner.

(4)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.

21Specific licence conditions

Without limiting the generality of section 20, the conditions on a licence may include provisions—

(a)requiring the licensee to pay specified fees and charges in respect of the licence to the Commission;

(b)requiring the licensee to enter into agreements on specified terms or on terms of a specified type;

(c)requiring a retailer to have such agreements with one or more distribution companies as are necessary to ensure that, subject this Act, electricity is distributed or supplied to the extent necessary to enable the retailer to sell electricity to its customers;

(d)requiring a distribution company to have such agreements with retailers as are necessary to ensure that, subject to this Act, electricity is distributed or supplied to the extent necessary to enable the retailers to sell electricity to their customers;

(e)requiring a distribution company—

(i)to prepare standard agreements for the purposes of paragraphs (c) and (d); and

(ii)to submit those standard agreements to the Commission for approval; and

(iii)to offer a standard agreement approved by the Commission to a retailer for the purposes of paragraphs (c) and (d);

(f)subject to section 47, requiring a retailer to enter into an agreement with the State for the provision of community services;

(g)requiring a distribution company to comply with requirements relating to the provision of public lighting;

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(j)requiring the licensee to inform customers from time to time of the arrangements in place or proposed to be in place to allow them to elect to become a customer of another licensee;

(k)requiring a licensee to give notice to customers of the existence of deemed contracts under section 39 and the methods by which those contracts may be terminated and requiring the licensee to provide for cooling-off periods approved by the Commission for the termination of those contracts;

(l)requiring the licensee to observe specified Orders in Council, industry codes, standards, rules and guidelines, with such modifications or exemptions as may be specified by the Commission;

(m)requiring the licensee to maintain specified accounting records and to prepare accounts according to specified principles;

(n)specifying requirements about the ownership of real or personal property used in or in connection with the carrying on of the activities authorised by the licence;

(o)preventing the licensee from engaging in or undertaking specified business activities;

(p)specifying methods or principles to be applied by the licensee in determining prices or charges;

(q)specifying methods or principles to be applied in the conduct of activities authorised by the licence;

(r)specifying procedures for variation or revocation of the licence;

(s)specifying the procedures to apply if an administrator is appointed under section 34;

(t)requiring the licensee to provide, in the manner and form specified by the Commission, such information as the Commission may from time to time require;

(u)requiring the licensee to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers);

(ua)relating to—

(i)the generation for supply or sale of electricity by means of a stand-alone power system; or

(ii)the distribution of electricity by means of a stand-alone power system; or

(iii)the supply or sale of electricity generated or distributed by means of a stand-alone power system;

(ub)regulating or prohibiting where a stand-alone power system may be installed or electricity generated by means of a stand-alone power system may be distributed or supplied or sold;

(v)specifying requirements relating to the connection of supply of electricity to premises, including timeframes for the completion of—

(i)connections or classes of connections of the supply of electricity under negotiated connection contracts—

(A)to premises or classes of premises; or

(B)to premises or classes of premises occupied, or to be occupied, by specified customers or classes of specified customers; and

(ii)specified steps for the completion of connections or classes of connections referred to in subparagraph (i) under negotiated connection contracts;

(w)specifying requirements relating to timeframes for the completion of connections of supply of electricity to premises, including timeframes referred to in paragraph (v);

(x)requiring a licensee who was a failed retailer or was or is an associate of a failed retailer to pay a proportion or the whole of the costs of a prior RoLR event as determined by the AER in accordance with section 170 of the National Energy Retail Law (Victoria).

22Determination of fees and charges

(1)For the purposes of section 21(a), the Minister, after consultation with the Minister administering the Essential Services Commission Act 2001, may determine, by notice published in the Government Gazette, the fees and charges specified in respect of a licence.

(2)A determination of fees and charges under this section may provide for any of the following matters—

(a)specific fees and charges;

(b)maximum fees and charges;

(c)minimum fees and charges;

(d)scales of fees and charges according to the value of the services provided for the fees and charges;

(e)fees and charges that vary according to different persons or classes of persons;

(f)the manner of payment of fees and charges;

(g)the reduction, waiver or refund, in whole or part, of the fees and charges;

(h)the time or times at which fees and charges are to be paid.

(3)If under subsection (2)(g) provision is made for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply—

(a)either generally or specifically—

(i)in respect of certain matters or transactions or classes of matters or transactions; or

(ii)in respect of certain documents or classes of documents; or

(iii)when an event happens; or

(iv)in respect of certain persons or classes of persons; or

(v)in respect of any combination of matters, transactions, documents, events or persons; and

(b)subject to specified conditions or at the discretion of any specified person or body.

(4)A determination under this section takes effect on the day that the notice is published in the Government Gazette under subsection (1) or on a later day specified in that notice. 

(5)A determination under this section ceases to have effect on whichever of the following days occurs first—

(a)the day the determination is revoked;

(b)the day (if any) that the notice published in the Government Gazette under subsection (1) specifies as the day on which the determination ceases to have effect;

(c)the day that is 10 years after the day on which the determination took effect.

23Condition restricting sale to certain customers

(1)A licence to sell electricity is deemed to include a condition prohibiting the licensee from selling electricity to persons or classes of persons specified by Order under this section for the period or periods specified in the Order in respect of those persons.

(2)The Governor in Council may by Order published in the Government Gazette specify persons or classes or persons and periods for the purposes of this section.

(3)An Order under subsection (2) may specify a class of persons by reference to all or any of the following—

(a)the person authorised to sell the electricity;

(b)the purpose for which the electricity is used;

(c)the quantity of electricity used;

(d)the period of use;

(e)the place of supply;

(f)any other specified factor relevant to the sale of electricity.

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23ACondition 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 Part 6A, 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.

Note

Section 116AA contains offences in relation to licensees giving information or producing documents to the Commission that are misleading in any material particular.

23BCondition 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 109A(4).

23CCondition 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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25Condition specifying industry codes, standards, rules or guidelines

(1)If a licence is subject to a condition of a kind referred to in section 21(l), the Commission—

(a)may, in accordance with procedures specified by the Commission, amend the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, for the purposes of their application under the licence;

(b)may resolve, or seek to resolve, disputes between the licensee and any other person relating to the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, as they apply under the licence.

(2)If the Commission amends an industry code, standard, rule or guideline or a document under subsection (1), the Commission may at the same time, in accordance with procedures specified by the Commission, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the licence.

26Condition relating to customer-related standards, procedures, policies and practices

(1)If a licence is subject to a condition of a kind referred to in section 21(u)—

(a)the Commission must monitor the licensee's compliance with the customer-related standards, procedures, policies and practices developed by the licensee in accordance with the condition; and

(b)if the Commission considers that any of the customer-related standards, procedures, policies and practices, or compliance by the licensee with any of them, disadvantages, or may disadvantage, any class of its customers, or all of its customers, the Commission may require the licensee to modify or revoke any part of the standards, procedures, policies or practices that causes the disadvantage or possible disadvantage.

(2)The Commission, in making a requirement under subsection (1)(b), must have regard to the prices, risks and costs associated with or resulting from the modification or revocation which is the subject of the requirement.

(3)The Commission must not make a requirement under subsection (1)(b) unless the Commission has given the licensee an opportunity to make representations on the matter.

(4)Section 35 of the Essential Services Commission Act 2001 applies to the making of a requirement under subsection (1) as if it were a determination made by the Commission under the Essential Services Commission Act 2001.

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28Customer dispute resolution

(1)A licence to—

(a)distribute or supply electricity; or

(b)sell electricity—

must be issued subject to a condition requiring the licensee to enter into a customer dispute resolution scheme approved by the Commission.

(2)In approving a customer dispute resolution scheme, the Commission must have regard to—

(a)the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; and

(b)the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to those customers using the scheme; and

(c)the need to ensure that the scheme is independent of the members of the scheme; and

(d)the need for the scheme to be fair and be seen to be fair; and

(e)the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the customers of the scheme members; and

(f)the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective.

(3)The Commission may, in accordance with this Part, vary any existing licence to—

(a)distribute or supply electricity; or

(b)sell electricity—

to include a condition of a kind referred to in subsection (1).

29Variation or revocation of licence

(1)A licence or the Commission licence conditions may be varied—

(a)in accordance with the procedures specified in the Commission licence conditions; or

(b)by agreement between the Commission and the licensee; or

(c)by a notice in accordance with subsection (2) served on the licensee.

(1A)A licence issued to a person who is a declared transmission system operator, or the Commission licence conditions of that licence, may be varied by the Commission in accordance with an Order under section 16Y of the National Electricity (Victoria) Act 2005.

(2)The Commission must not vary a licence or the Commission licence conditions by a notice unless—

(a)the Commission is satisfied that the variation is necessary—

(i)having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; or

(ii)to give effect to Division 7; and

(b)the Commission has given the licensee an opportunity to make representations on the matter.

(2A)The Commission may vary a licence or a Commission licence condition so that the licence or condition is not inconsistent with a deemed Ministerial licence condition to which the licence is subject.

(2B)Subsections (1) and (2) do not apply to a variation of a licence or Commission licence condition under subsection (2A).

(3)Subject to sections 29AA and 29AB and Division 8, the Commission may revoke a licence in accordance with the procedures specified in Commission licence conditions.

(4)In deciding whether to revoke a licence the Commission must have regard to any direction of the Minister under section 96 that is in force.

(5)Anything in the procedures specified in the licence's conditions for the revocation of the licence that is inconsistent with subsection (4) is of no effect.

(6)In this section—

Commission licence condition means a condition which has been decided by the Commission under section 20 as a condition to which a licence is subject.

29AA Commission to consult AER before revoking a retail licence

(1)The Commission must consult the AER before the Commission revokes a retail licence.

(2)Consultation under subsection (1) must be in accordance with the regulations (if any).

(3)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section.

29ABCommission to notify AER and AEMO of revocation of retail licence

(1)If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any).

(2)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1).

29AVariation to licence condition—contravention of licence or Code of Practice

(1)The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice.

(2)A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take—

(a)to rectify the contravention; and

(b)to prevent any future contravention of the licence condition or provision of the Code of Practice.

(3)The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter.

30Gazettal requirement

The Commission must ensure that—

(a)notice of the grant of a licence including—

(i)the name of the licensee;

(ii)the term of the licence;

(iii)the place where a copy of the licence may be inspected;

(b)notice of a variation or revocation under section 29—

is published in the Government Gazette as soon as possible after the grant of a licence or the variation or revocation, as the case requires.

31Transfer of licence

(1)The holder of a licence may apply to the Commission for approval to transfer the licence.

(2)An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

(3)An application must be accompanied by the application fee (if any) fixed by the Commission.

(4)The Commission must publish in a daily newspaper generally circulating in Victoria a notice—

(a)specifying that an application for the transfer of the licence has been lodged with the Commission for the transfer by the holder to a proposed transferee specified in the notice; and

(b)inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

(5)Subject to this section, the Commission may approve, or refuse to approve, the application for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

(6)The Commission must not approve the application unless the Commission is satisfied that—

(a)the proposed transferee has the technical capacity to comply with the conditions of the licence or the conditions as varied by the Commission under this section; and

(b)subject to subsection (7), in the case of an application for the transfer of a licence to sell electricity, the proposed transferee is financially viable.

(7)The Commission does not have to be satisfied as to the applicant's financial viability if the licence includes a condition requiring compliance with the National Electricity Rules and the Rules include prudential requirements.

(8)The Commission may decide that, upon the transfer of the licence under this section, the conditions to which the licence is subject are varied as decided by the Commission.

(9)Subject to this section and any requirements specified in regulations made for the purposes of this section under section 119, the Commission may decide the procedures that are to apply in respect of the transfer of the licences.

(10)The Commission must notify an applicant in writing of its decision to approve or refuse to approve the application and, in the case of a decision to refuse to approve the application, of the reasons for its decision.

(11)The Commission must ensure that notice of the approval for the transfer of a licence is published in the Government Gazette as soon as possible after the decision to approve the transfer is made.

*                *                *                *                *

*                *                *                *                *

33AMinisterial powers in relation to transmission company licences

(1)Despite anything to the contrary in this Division, the Minister, by Order published in the Government Gazette, may—

(a)revoke a condition to which a licence to transmit electricity is subject; or

(b)amend a condition to which a licence to transmit electricity is subject; or

(c)revoke a licence.

(2)The Minister, as soon as practicable after making an Order under subsection (1), must notify the Commission of the making of an Order.

33ABMinisterial licence conditions

(1)Despite anything to the contrary in this Division but subject to sections 33AC to 33AG, the Minister, by Order published in the Government Gazette, may do any one or more of the following—

(a)specify, as the Minister thinks fit, a condition to which a particular licence, or a specified class of licence, is to be subject;

(b)vary, as the Minister thinks fit, a condition specified under paragraph (a);

(c)revoke, as the Minister thinks fit, a condition specified under paragraph (a), including a condition that has been varied under paragraph (b).

(2)In making an Order under subsection (1), the Minister—

(a)must have regard to—

(i)any significant costs and benefits for an affected licensee or any other person that the Minister considers are likely to arise out of the making of the Order; and

(ii)any written representations made to the Minister by an affected licensee in accordance with a notice given to the affected licensee under section 33AE; and

(b)may have regard to any other matter that the Minister considers relevant.

33AC Contents of Ministerial licence conditions

(1)Without limiting section 33AB(1), a Ministerial licence condition may include provisions in relation to any of the following—

(a)specifying requirements relating to the connection of supply of electricity to premises, including timeframes for the completion of—

(i)connections or classes of connections under negotiated connection contracts of the supply of electricity—

(A)to premises or classes of premises; or

(B)to premises or classes of premises occupied, or to be occupied, by specified customers or classes of specified customers; and

(ii)specified steps for the completion of connections or classes of connections referred to in subparagraph (i) under negotiated connection contracts;

(b)specifying requirements relating to timeframes for the completion of connections of supply of electricity to premises, including timeframes referred to in paragraph (a);

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 7 September 2000

Legislative Council: 25 October 2000

The long title for the Bill for this Act was "to regulate the electricity supply industry and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 7 September 2000

Legislative Council: 25 October 2000

Absolute majorities:

Legislative Assembly: 24 October 2000

Legislative Council: 14 November 2000

The Electricity Industry Act 2000 was assented to on 21 November 2000 and came into operation as follows:

Sections 1 and 2 on 22 November 2000: section 2(1); sections 3–18,

19(1)–(4)(6)–(8), 20–82, 84–119, Schedule on 1 January 2001: section 2(4); section 83 on 1 January 2001: Government Gazette 21 December 2000 page 2980; section 19(5) never proclaimed, repealed by section 4 of Energy Legislation Amendment Act 2007, No. 35/2007.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Electricity Industry Act 2000 by Acts and subordinate instruments.

Where a provision has expired, the provision has been omitted and an explanatory sidenote included.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Electricity Industry Acts (Further Amendment) Act 2001, No. 13/2001

Assent Date:	22.5.01
Commencement Date:	Ss 3, 4, 6–9 on 23.5.01: s. 2(1); s. 10 on 28.6.01: Government Gazette 28.6.01 p. 1427; s. 5 on 6.9.01: Government Gazette 6.9.01 p. 2261
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001

Assent Date:	19.6.01
Commencement Date:	S. 28 on 1.9.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 34) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Essential Services Commission Act 2001, No. 62/2001 (as amended by No. 11/2002)

Assent Date:	23.10.01
Commencement Date:	Ss 70–73 on 1.1.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Miscellaneous Amendments) Act 2001, No. 85/2001

Assent Date:	11.12.01
Commencement Date:	Ss 3, 4, 6, 8 on 12.12.01: s. 2(1); ss 5, 7, 9 on 1.1.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Electricity Industry (Amendment) Act 2002, No. 10/2002

Assent Date:	23.4.02
Commencement Date:	31.7.02: Special Gazette (No. 131) 30.7.02 p. 1
CurrentState:	All of Act in operation

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 18) on 21.11.00: s. 2(2)(c)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002

Assent Date:	12.6.02
Commencement Date:	Ss 20, 21 on 13.6.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Fair Trading (Amendment) Act 2003, No. 30/2003

Assent Date:	27.5.03
Commencement Date:	S. 85 on 28.5.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003

Assent Date:	11.6.03
Commencement Date:	Ss 12, 14, 16–22 on 12.6.03: s. 2(1); ss 13, 15 on 1.7.04: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Fair Trading (Further Amendment) Act 2003, No. 106/2003

Assent Date:	9.12.03
Commencement Date:	S. 22 on 30.8.04: Government Gazette 13.5.04 p. 1218
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 8) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Road Management Act 2004, No. 12/2004

Assent Date:	11.5.04
Commencement Date:	S. 170 on 1.1.05: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 (as amended by Nos 75/2004, 86/2004 (as amended by No. 39/2005))

Assent Date:	25.5.04
Commencement Date:	Ss 6–9 on 26.5.04: s. 2(1); ss 3–5 on 30.6.05: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Essential Services Commission (Amendment) Act 2004, No. 75/2004

Assent Date:	9.11.04
Commencement Date:	Ss 6–31 on 10.11.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

State Concessions Act 2004, No. 82/2004

Assent Date:	16.11.04
Commencement Date:	S. 13(Sch. item 3) on 1.3.05: s. 2(2)
CurrentState:	This information relates only to provision/s amending the Electricity Industry Act 2000

Electricity Industry (Wind Energy Development) Act 2004, No. 86/2004

Assent Date:	23.11.04
Commencement Date:	S. 3 on 24.11.04: s. 2(1); s. 4 on 1.7.05: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Amendment) Act 2004, No. 91/2004

Assent Date:	7.12.04
Commencement Date:	Ss 3–8, 10–13 on 8.12.04: s. 2(1); s. 9 on 1.3.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

National Electricity (Victoria) Act 2005, No. 8/2005

Assent Date:	27.4.05
Commencement Date:	S. 14 on 1.7.05: Special Gazette (No. 120) 28.6.05 p. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005

Assent Date:	21.6.05
Commencement Date:	S. 4 on 22.6.05: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Safe Victoria Act 2005, No. 39/2005

Assent Date:	27.7.05
Commencement Date:	S. 55 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Sustainability Victoria Act 2005, No. 65/2005

Assent Date:	20.9.05
Commencement Date:	S. 26 on 1.10.05: Government Gazette 29.9.05 p. 2171
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Rail Safety Act 2006, No. 9/2006

Assent Date:	4.4.06
Commencement Date:	S. 157 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006

Assent Date:	13.6.06
Commencement Date:	Ss 3, 4 on 14.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 13) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006

Assent Date:	29.8.06
Commencement Date:	Ss 3, 4 on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 10) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment Act 2007, No. 35/2007

Assent Date:	14.8.07
Commencement Date:	Ss 4, 6 on 15.8.07: s. 2(1); ss 3, 5 on 1.1.08: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Further Amendment Act 2007, No. 55/2007

Assent Date:	7.11.07
Commencement Date:	Ss 3–13 on 8.11.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy and Resources Legislation Amendment Act 2008, No. 25/2008

Assent Date:	3.6.08
Commencement Date:	S. 19 on 4.6.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008 (as amended by No. 82/2008)

Assent Date:	22.10.08
Commencement Date:	Ss 3–18 on 30.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009

Assent Date:	17.6.09
Commencement Date:	Ss 5–15 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009, No. 41/2009

Assent Date:	5.8.09
Commencement Date:	Ss 4–14 on 1.11.09: Government Gazette 29.10.09 p. 2729
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy and Resources Legislation Amendment Act 2009, No. 57/2009

Assent Date:	21.10.09
Commencement Date:	S. 3 on 13.12.09: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 49) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Electricity Industry Amendment (Critical Infrastructure) Act 2009, No. 72/2009

Assent Date:	1.12.09
Commencement Date:	Ss 4, 5 on 2.12.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 15) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy and Resources Legislation Amendment Act 2010, No. 55/2010

Assent Date:	14.9.10
Commencement Date:	Ss 3–11 on 14.10.10: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 8) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 23 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Commercial Arbitration Act 2011, No. 50/2011

Assent Date:	18.10.11
Commencement Date:	S. 46(Sch. item 5) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011

Assent Date:	8.11.11
Commencement Date:	S. 34 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011, No. 64/2011

Assent Date:	22.11.11
Commencement Date:	Ss 3–22 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 239(Sch. 6 item 15) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment Act 2012, No. 51/2012

Assent Date:	18.9.12
Commencement Date:	Ss 3–5 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, No. 11/2013

Assent Date:	13.3.13
Commencement Date:	Ss 3–9 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Rail Safety National Law Application Act 2013, No. 22/2013

Assent Date:	23.4.13
Commencement Date:	Ss 54, 55 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013

Assent Date:	18.6.13
Commencement Date:	Ss 3–11 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 15) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (General) Act 2014, No. 3/2014

Assent Date:	11.2.14
Commencement Date:	Ss 3–14 on 1.4.14: Special Gazette (No. 94) 25.3.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Customer Metering Protections and Other Matters) Act 2014, No. 46/2014

Assent Date:	1.7.14
Commencement Date:	Ss 3–7 on 30.7.14: Special Gazette (No. 254) 29.7.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Publication of Retail Offers) Act 2015, No. 28/2015

Assent Date:	11.8.15
Commencement Date:	Ss 3, 4 on 1.10.15: Special Gazette (No. 285) 29.9.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Consumer Protection) Act 2015, No. 49/2015

Assent Date:	13.10.15
Commencement Date:	Ss 3–12 on 1.1.16: Special Gazette (No. 403) 15.12.15 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017

Assent Date:	14.2.17
Commencement Date:	Ss 3–6 on 15.2.17: s. 2(1); ss 7–10 on 1.1.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 46) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Victorian Default Offer) Act 2019, No. 6/2019

Assent Date:	26.3.19
Commencement Date:	Ss 3–5 on 27.3.19: s. 2
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019

Assent Date:	20.8.19
Commencement Date:	S. 23 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 3) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020

Assent Date:	25.2.20
Commencement Date:	S. 54 on 1.1.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 379 on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

National Electricity (Victoria) Amendment Act 2020, No. 10/2020

Assent Date:	24.3.20
Commencement Date:	Ss 5, 6 on 25.3.20: s. 2
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

National Energy Legislation Amendment Act 2020, No. 28/2020

Assent Date:	20.10.20
Commencement Date:	S. 7 on 27.10.20: Special Gazette (No. 546) 27.10.20 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Licence Conditions) Act 2020, No. 37/2020

Assent Date:	1.12.20
Commencement Date:	Ss 3–11 on 2.12.20: s. 2
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021 (as amended by No. 41/2021)

Assent Date:	10.8.21
Commencement Date:	Ss 13–15 on 25.10.21: Special Gazette (No. 579) 19.10.21 p. 1; ss 3−5 on 31.12.21: Special Gazette (No. 717) 14.12.21 p. 1; ss 6–12 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment Act 2021, No. 33/2021 (as amended by No. 41/2021)

Assent Date:	14.9.21
Commencement Date:	Ss 3−6 on 1.6.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021

Assent Date:	19.10.21
Commencement Date:	Ss 40–54 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 66 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023, No. 12/2023

Assent Date:	6.6.23
Commencement Date:	Ss 3–5 on 7.6.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

State Electricity Commission Amendment Act 2024, No. 11/2024

Assent Date:	26.3.24
Commencement Date:	Ss 82, 83 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024

Assent Date:	7.5.24
Commencement Date:	Ss 19, 20 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

National Energy Retail Law (Victoria) Act 2024, No. 18/2024

Assent Date:	21.5.24
Commencement Date:	Ss 19–26, 37, 38 on 30.7.24: Special Gazette (No. 413) 30.7.24 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025

Assent Date:	20.5.25
Commencement Date:	Ss 97A–97D on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	Ss 27, 29 on 21.5.25: s. 2(1); s. 28 on 1.8.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025, No. 38/2025

Assent Date:	16.9.25
Commencement Date:	Ss 61–70 on 17.9.25: s. 2(1); ss 58–60, 71–75A on 1.11.25: Special Gazette (No. 588) 28.10.25 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry Act 2000

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3   Explanatory details

No entries at date of publication.