Electricity Industry (Residual Provisions) Act 1993 (Vic)

Version No. 074

Electricity Industry (Residual Provisions) Act 1993

No. 130 of 1993

Version incorporating amendments as at

1 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Subsidiary

4AApplication of Act to certain distribution, transmission and generation companies

5Crown to be bound

6Extra-territorial operation

Part 2—The electricity corporations

Division 2—Directions as to electricity supply system

19Regulations may provide for compensation for certain loss

Division 4—General provisions applying to electricity corporations

26Directions

Division 5—Financial

28Borrowing and investment by electricity corporation

29Payments in respect of financial obligations

Division 6—General

30Duties of directors

31Minister may bring proceedings

32Electricity corporation not to make loans to directors

33Indemnity

35Corporate plan

36Statement of corporate intent: contents

36AElectricity corporations to act in accordance with corporate plan

37Non-commercial functions

38Dividends

Part 3—Property and works

42AADefinition

47AApplication of Mineral Resources Development Act 1990 to generation companies

Part 4—The Administrator

Division 1—The Administrator

48Appointment of Administrator

49Vacancy etc. in office of Administrator

49ADeputy Administrator

49BResignation and removal

49CFunctions and powers

50Staff of Administrator

51Functions and powers

52Delegation

53Directions

Part 5—Transfer of property of SEC

Division 1—Allocation of property

63Certificate of Administrator

63AACertificate of Minister

Division 2—Transfer of property

72Interests in land

73Amendment of Register

74Taxes

76Validity of things done under this Act

Part 7—General

84APublic distribution company, public transmission company and public generation company

84AAACertain assets not to be fixtures

84AAFinancial benefits given on arm's length terms

84ACBuilding Act 1993

84BPersons dealing with electricity corporations or VPX

84CReports to Treasurer

85Delegation by Minister and Treasurer

87Service of documents on electricity corporation

88Evidence of documents

90Treasurer may give guarantee

91AExemption from Freedom of Information Act

91ABOmbudsman Act 1973 not to apply

91BDebt proceedings

92Regulations

Part 8—Transitional

94Generation Victoria successor of State Body

Part 9—Transfer of property and staff of National Electricity

Division 1—Definitions

98Definitions

Division 2—Allocation of property

99Minister may direct National Electricity to transfer property

100Certificate of chief executive officer

Division 3—Transfer of property

101Property transferred to nominee

102Allocation of property etc. subject to encumbrances

103Value of former National Electricity property

104Substitution of party to agreement

105National Electricity instruments

106Proceedings

106ACriminal proceedings

107Interests in land

108Amendment of Register

109Taxes

110Evidence

111Validity of things done under this Part

Division 5—Staff

113List of National Electricity staff

114Transfer of National Electricity staff

Part 10—Transfer of property and staff of ESV to distribution companies

Division 1—Definitions

116Definitions

Division 2—Allocation of property

117ESV to prepare allocation statement

118Certificate of Administrator

Division 3—Transfer of property

119Property transferred to distribution company

120Allocation of property etc. subject to encumbrances

121Value of former ESV property

122Substitution of party to agreement

123ESV instruments

124Proceedings

124ACriminal proceedings

125Interests in land

126Amendment of Register

127Taxes

128Evidence

129Validity of things done under this Part

Division 5—Staff

131List of ESV staff

132Transfer of ESV staff

Part 11—Transfer of municipal electrical undertakings to distribution companies

Division 1—Definitions

135Definitions

Division 2—Agreement

136Agreement with respect to transfer of property and staff of MEUs

Division 3—Allocation of property

137Allocator to prepare allocation statement

138Certificate of Administrator

Division 4—Transfer of property

139Property transferred to distribution company

140Allocation of property etc. subject to encumbrances

141Value of former MEU property

142Substitution of party to agreement

143MEU instruments

143AProceedings

144Interests in land

145Amendment of Register

146Taxes

147Evidence

148Validity of things done under this Part

Division 6—Staff

150List of MEU staff

151Transfer of MEU staff

152Future terms and conditions of transferred MEU staff members

Part 11A—Transfer of property and staff of Generation Victoria

Division 1—Definitions

153ADefinitions

Division 2—Allocation of property

153BGV to prepare allocation statement

153CCertificate of Administrator

Division 3—Transfer of property

153DProperty transferred to generation company

153EAllocation of property etc. subject to encumbrances

153FValue of former GV property

153GSubstitution of party to agreement

153HCriminal proceedings

153IGV instruments

153JProceedings

153KInterests in land

153LAmendment of Register

153MTaxes

153NEvidence

153OValidity of things done under this Part

Division 5—Staff

153QList of GV staff

153RTransfer of GV staff

153SFuture terms and conditions of transferred employees

Part 11AB—Transfer of certain property and staff of Loy Yang Power Ltd

Division 1—Definitions and application

153TADefinitions and application

Division 2—Allocation of property

153TBLYP to prepare allocation statement

153TCCertificate of Administrator

Division 3—Transfer of property

153TDProperty transferred

153TEAllocation of property etc. subject to encumbrances

153TFSubstitution of party to agreement

153TGLYP instruments

153THProceedings

153TIInterests in land

153TJAmendment of Register

153TKEvidence

153TLValidity of things done under this Part

Division 4—Staff

153TMList of LYP staff

153TNTransfer of LYP staff

153TOFuture terms and conditions of transferred employees

Part 11AC—Transfer of certain property and staff of nominated transferor companies

Division 1—Definitions and applications

153TQDefinitions

153TRNomination of transferor company

Division 2—Allocation of property

153TSTCO to prepare allocation statement

153TTCertificate of Administrator

Division 3—Transfer of property

153TUProperty transferred

153TUAValue to TCO of transferred property

153TVAllocation of property etc. subject to encumbrances

153TWSubstitution of party to agreement

153TXTCO instruments

153TYProceedings

153TZInterests in land

153TZAAmendment of Register

153TZBEvidence

153TZCValidity of things done under this Part

Division 4—Staff

153TZDList of TCO staff

153TZETransfer of TCO staff

153TZFFuture terms and conditions of transferred employees

Part 11B—Provisions relating to privatisation

153UTreasurer may be party to agreement for sale

153UALoy Yang B transaction

153XFreedom of Information Act 1982

Part 12—Regulation of electricity industry

154Definitions

155Construction of Part

156Application of Part

157Objectives of the Commission

Part 14—Latrobe Valley land

Division 1AA—Definition

183AADefinition

Division 1—Surrender of land

183Surrender of land to Crown

184Preservation of leases

186PTC land to be surrendered

187Certain residual lands to be surrendered to the Crown

Division 2—Revocation of reservations and closure of roads

188Revocation of reservations—Morwell West land

189Revocation of reservations—Hernes Oak land

190Revocation of reservation—La Trobe river

191Revocation of reservation—Morwell river

192Consequences of revoking a reservation

193Rights to cease

194Powers to lease in relation to certain Latrobe River land

Division 3—General

195Issue of Crown grant

196Registrar-General and Registrar of Titles to make necessary amendments to records

197Exemption from stamp duty and other taxes

Part 15—Loy Yang land

Division 1AA—Definition

198AADefinition

Division 1—Surrender of land

198Surrender of land to Crown

199Preservation of leases

200Certain interests not affected by surrender and grant of land

201La Trobe Shire Council land to be surrendered

Division 2—Revocation of reservation and closure of roads

202Revocation of reservation—mechanics institute

203Rights in roads to cease

Division 3—General

204Issue of Crown grant

205Registrar-General and Registrar of Titles to make necessary amendments to records

206Exemption from stamp duty and other taxes

Part 16—Hazelwood land

Division 1AA—Definition

207AADefinition

Division 1—Surrender of land

207Surrender of land to Crown

208Preservation of leases

209APreservation of appurtenant National Electricity easements

210Preservation of other easements

211Gippsland Water land to be surrendered

212La Trobe Shire Council land to be surrendered

213Roads Corporation land to be surrendered

Division 2—Revocation of reservation and closure of roads

214Revocation of river reservation

215Rights in roads to cease

Division 3—General

216Issue of Crown grant

217Registrar-General and Registrar of Titles to make necessary amendments to records

218Exemption from stamp duty and other taxes

Part 17—Other land

219Revocation of river reservation—Goulburn River

220Revocation of river reservation—Mitta Mitta River

221Consequences of revoking reservations

222Rights in roads to cease

223Certain rights deemed to be easements appurtenant to all lands of National Electricity

224Savings and transitional provisions

Schedules

Schedule 1—Provisions applying to the electricity corporations

Schedule 3—Excluded property: agreements, contracts, documents and other property referred to

Schedule 3A

Schedule 3B—Loy Yang land

Schedule 3C—Hazelwood land

Schedule 4—Savings and transitional provisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 074

Electricity Industry (Residual Provisions) Act 1993

No. 130 of 1993

Version incorporating amendments as at

1 November 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

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

2Commencement

(1)Parts 1, 6 and 8, Division 1 of Part 5, and sections 7, 8, 9, 10, 13, 14, 15, 16, 20, 21, 22, 23, 30, 76, 86, 110, 111, 119 and 121 come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3Definitions

(1)In this Act—

Administrator means the Administrator for the restructuring of the electricity industry appointed under Part 4;

allocation day means the day specified in a statement under section 62A(1) as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 or specified by the Minister for the purposes of section 62AA as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024;

appointed day means the day on which Division 2 of Part 5 comes into operation;

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chief executive officer, in relation to an electricity corporation or VPX, means the principal executive officer (by whatever name called) of the corporation or VPX;

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;

distribution company means a distribution company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;

electricity corporation, other than in Parts 3 and 5, means—

(a)a public distribution company; or

(b)a public generation company; or

(c)a public transmission company;

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excluded property, in relation to the former SEC, means—

(a)the rights and liabilities of the former SEC under—

(i)an agreement, contract or document referred to in Schedule 3;

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(iii)an employment agreement; and

(b)the property of the former SEC referred to in Schedule 3;

financial accommodation means a financial benefit or assistance to obtain a financial benefit arising from or as a result of—

(a)a loan;

(b)issuing, endorsing or otherwise dealing in promissory notes;

(c)drawing, accepting, endorsing or otherwise dealing in bills of exchange;

(d)issuing, purchasing or otherwise dealing in securities;

(e)granting or taking a lease of any real or personal property for financing but not for operating purposes;

(f)in relation to the former SEC, any other arrangement that the Governor in Council on the recommendation of the Treasurer has approved as financial accommodation in relation to the former SEC under the Borrowing and Investment Powers Act 1987;

financial arrangement means an arrangement entered into for the purpose of managing, lessening, hedging or protecting against movements in currency exchange, interest or discount rates or other costs of obtaining financial accommodation;

financial obligation, in relation to the former SEC, means the liability of the former SEC in respect of—

(a)financial accommodation obtained by the former SEC; or

(b)a financial arrangement entered into by the former SEC—

and includes the liability of the former SEC in respect of inscribed stock issued by the former SEC;

former SEC has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958;

former SECcompany means SECV Superannuation Pty Ltd, Energy Information Technology Company Pty Ltd, Utilities Insurance Company Pty Ltd or SECV International Pty Ltd;

generation company means a generation company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;

Generation Victoria means the body established under Division 1 of Part 2;

instrument includes a document and an oral agreement;

LaTrobe area means the municipal district of the Shire of LaTrobe;

liabilitiesmeans all liabilities, duties and obligations, whether actual, contingent or prospective but, in relation to the former SEC, does not include financial obligations;

licence has the same meaning as in the Electricity Industry Act 2000;

licensee has the same meaning as in the Electricity Industry Act 2000;

Loy Yang B land means the land shown hatched on the plan in Schedule 2 to the Loy Yang B Act 1992;

LYB Transaction Implementation Agreement means the transaction implementation agreement dated 29 March 1997 entered into between the former SEC, Edison Mission Energy Australia Limited, Loy Yang B Power Station Pty Ltd, Loy Yang Power Ltd, the Treasurer, Leanne Power Pty Ltd and Edison Mission Energy;

National Electricity means Power Net Victoria established under Division 2 of Part 2;

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

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propertymeans any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

public distribution company means a distribution company all the shares in which are held by, or on behalf of, the State or a statutory authority;

Note

See the definition of distribution company which excludes distribution companies that were not licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.

public generation company means a generation company all the shares in which are held by, or on behalf of, the State or a statutory authority;

Note

See the definition of generation company which excludes generation companies that were not licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.

public transmission company means a transmission company which is—

(a)a statutory authority; or

(b)a company all the shares in which are held by, or on behalf of, the State or a statutory authority;

Note

See the definition of transmission company which excludes transmission companies that were not licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

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securityincludes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation, whether or not constituting a charge on property;

TCVmeans the Treasury Corporation of Victoria;

transferred property means property, rights or liabilities of the former SEC that, under Part 5, have vested in, or become liabilities of, an electricity corporation, former SEC company, a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 or the State;

transferee, in relation to transferred property, means the electricity corporation or former SEC company or a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 to which the property has been transferred or, if the property has been transferred to the State, the State;

transmission company means a transmission company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;

undertaking in relation to an electricity corporation, VPX, a distribution company, transmission company or a generation company, means—

(a)an electrical undertaking approved by the Governor in Council (whether before or after the commencement of this section)—

(i)for the erection, construction and provision of works, appliances and conveniences for the generation of electricity (whether by the use of coal, water-power or otherwise, but not by the use of a nuclear power reactor); or

(ii)for the reception, storage, distribution, transmission, use, supply and sale of such electricity; and

(b)all buildings, works, mines, open-cuts, quarries, water, land, machinery, plant, towers, electric lines, cables and appliances used for or in connection with the electrical undertaking;

undertakermeans—

(a)the former SEC or an electricity corporation or VPX, a distribution company, transmission company or a generation company;

(b)a municipal council, corporation or person who, by an Order in Council under the Electric Light and Power Act 1958 or a corresponding previous enactment is authorised to supply electricity within any area;

(c)with respect to electric tramways, a person or body of persons, corporate or unincorporate, having the control and management of the tramways;

VENCorp means Victorian Energy Networks Corporation established under Part 8 of the Gas Industry Act 2001;

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Victorian Power Exchange or VPX means VENCorp;

wholesale electricity market means the market for wholesale trading in electricity operated by NEMMCO;

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(2)In any Act other than this Act and in all subordinate instruments (within the meaning of the Interpretation of Legislation Act 1984) made under any such Act and in all other instruments, unless the contrary intention appears—

(a)a reference to PoolCo must be construed as a reference to Victorian Power Exchange; and

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4Subsidiary

(1)For the purposes of this Act, the question whether a body corporate is a subsidiary of an electricity corporation or any other body shall be determined in the same manner as the question would be determined under the Corporations Act if the corporation or any other body and the body corporate were corporations within the meaning of that Act.

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4AApplication 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 of this Act, except Part 12, to a distribution company, transmission company or generation company does not include a reference to a person in respect of whom an Order under paragraph (b) of the definition of distribution company or paragraph (b) of the definition of transmission company or paragraph (b) of the definition of generation company, as the case requires, is in force.

(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.

5Crown 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.

6Extra-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.

PART 2—THE ELECTRICITY CORPORATIONS

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Division 2—Directions as to electricity supply system

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19Regulations may provide for compensation for certain loss

(1)The regulations may provide for the payment of compensation to a person who suffers detriment as a result of complying with a direction under section 17, or as a result of another person complying, or failing to comply, with such a direction.

(2)Regulations for the purposes of subsection (1) may provide—

(a)the circumstances in which compensation may be payable;

(b)the method of calculating compensation;

(c)the person or persons liable to pay the compensation.

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Division 4—General provisions applying to electricity corporations

26Directions

(1)The Treasurer and the Minister, acting jointly, may, from time to time, by written notice to the board of an electricity corporation, give such directions to the board as the Treasurer or Minister think fit.

(2)The board of an electricity corporation must comply with a direction given under this section but an act or decision of the board is not invalid merely because of a failure to comply with such a direction.

(3)Each electricity corporation must include in its annual report under Part 7 of the Financial Management Act 1994 a copy of each direction given to it under this section together with a statement of its response to the direction.

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Division 5—Financial

28Borrowing and investment by electricity corporation

(1)An electricity corporation may obtain financial accommodation subject to and in accordance with the Borrowing and Investment Powers Act 1987.

(2)An electricity corporation may invest money of the corporation in accordance with the powers conferred on it by the Borrowing and Investment Powers Act 1987.

29Payments in respect of financial obligations

(1)If—

(a)an Order has been made under section 36D(1) or 36E(1) of the Treasury Corporation of Victoria Act 1992 relating to financial obligations of the former SEC; and

(b)responsibility for those financial obligations has been allocated under an allocation statement under Division 3 of Part 5 as in force immediately before the commencement of section 52 of the State Electricity Commission Amendment Act 2024 to an electricity corporation—

then—

(c)the electricity corporation must pay to TCV such amounts, and at such times, as the former SEC would have been liable to pay in respect of those financial obligations if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree; and

(d)TCV must pay to the electricity corporation such amounts, and at such times, as the former SEC would have been entitled to receive in respect of the financial accommodation or financial arrangements to which the financial obligations relate if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree.

(2)An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to TCV or the electricity corporation, as the case requires.

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Division 6—General

30Duties of directors

(1)A director of an electricity corporation must at all times act honestly in the performance of the functions of his or her office.

(2)A director of an electricity corporation must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.

(3)A director, or former director of an electricity corporation, must not make improper use of information acquired by virtue of his or her position as a director to gain directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation.

(4)A director of an electricity corporation must not make improper use of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation.

(5)This section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.

31Minister may bring proceedings

If a person contravenes section 30 in relation to an electricity corporation, the Minister, in the name of the corporation, may recover from the person as a debt due to the corporation by action in a court of competent jurisdiction either or both of the following—

(a)if that person, or any other person, made a profit as a result of the contravention, an amount equal to that profit;

(b)if the corporation has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage.

32Electricity corporation not to make loans to directors

(1)The powers of an electricity corporation do not include a power, whether directly or indirectly—

(a)to make a loan to a director of the corporation, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or

(b)to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a).

(2)Nothing in subsection (1) prohibits an electricity corporation entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the corporation with members of the public on the same terms and conditions.

33Indemnity

The powers of an electricity corporation do not include a power to exempt, whether directly or indirectly, a director of the corporation from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the corporation against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the corporation.

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35Corporate plan

(1)The board of an electricity corporation must prepare a corporate plan each year.

(2)The board must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year or such later date as is determined by the Treasurer.

(3)The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—

(a)a statement of corporate intent in accordance with section 36;

(b)a business plan containing such information as the Treasurer or the Minister requires;

(c)financial statements containing such information as the Treasurer requires.

(3A)In addition to the matters referred to in subsection (3), the proposed corporate plan of a distribution company must include a statement of the company's bushfire mitigation programs.

(4)The board must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and Minister.

(5)The board must consult in good faith with the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the board and must deliver the completed plan to the Treasurer and Minister within 2 months after the commencement of the financial year.

(6)The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the board, the Treasurer and the Minister.

(7)The plan may be modified at any time by the board with the agreement of the Treasurer and the Minister.

(8)If the board, by written notice to the Treasurer and Minister, proposes a modification of the plan, the board may, within 14 days, make the modification unless the Treasurer or Minister, by written notice to the board, directs the board not to make it.

(9)The Treasurer or Minister may, from time to time, by written notice to the board, direct the board to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters.

(10)Before giving the direction under this section, the Treasurer and Minister must consult with the board as to the matters to be referred to in the notice.

(11)The board must comply with a direction under this section.

(12)At any particular time, the statement of corporate intent, the business plan or the financial statements for an electricity corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Part.

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36Statement of corporate intent: contents

(1)Each statement of corporate intent must specify for an electricity corporation and its subsidiaries, in respect of the financial year to which it relates and each of the 2 following financial years, the following information—

(a)the objectives of the corporation and of its subsidiaries;

(b)the main undertakings of the corporation and of its subsidiaries;

(c)the nature and scope of the activities to be undertaken by the corporation;

(d)the accounting policies to be applied in the accounts;

(e)the performance targets and other measures by which the performance of the corporation and of its subsidiaries may be judged in relation to their stated objectives;

(f)the kind of information to be provided to the Treasurer and the Minister by the corporation during the course of those financial years, including the information to be included in each half-yearly report;

(g)such other matters as may be agreed on by the Treasurer, the Minister and the board from time to time.

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36AElectricity corporations to act in accordance with corporate plan

(1)Each electricity corporation must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Treasurer and the Minister to do otherwise.

(2)Nothing done by an electricity corporation is void or unenforceable merely because the electricity corporation has failed to comply with section 35, 36 or this section.

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37Non-commercial functions

(1)The Minister, with the approval of the Treasurer, may in writing direct the board of an electricity corporation—

(a)to perform certain functions that the Minister considers to be in the public interest but that may cause the corporation to suffer financial detriment; or

(b)to cease to perform functions of a kind referred to in paragraph (a); or

(c)to cease to perform certain functions that the Minister or Treasurer considers not to be in the public interest.

(2)The board must comply with a direction given under subsection (1).

(3)If an electricity corporation satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under subsection (1), the corporation, if the Minister so directs, may be reimbursed by the State the amount that the Minister determines, with the approval of the Minister administering Part 2 of the Financial Management Act 1994 and after consultation with the board of the corporation, to be the amount of the financial detriment.

(4)The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.

(5)Each electricity corporation must include in its annual report under Part 7 of the Financial Management Act 1994 a copy of each direction given to it by the Minister under this section.

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38Dividends

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(2)Each public distribution company, public transmission company and public generation company must pay out of profits such amounts, at such times and in such manner, as are determined by the Treasurer after consultation with the board of the company and the Minister.

(3)A public distribution company, public transmission company or public generation company must pay the amount referred to in subsection (2)—

(a)to the State; or

(b)if a statutory authority holds shares in the company, to the authority—

in accordance with the direction of the Treasurer.

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PART 3—PROPERTY AND WORKS

42AA   Definition

In this Part—

electricity corporation means—

(a)VPX; or

(b)a distribution company; or

(c)a transmission company; or

(d)a generation company.

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47AApplication of Mineral Resources Development Act 1990 to generation companies

(1)This section applies despite anything to the contrary in the Mineral Resources Development Act 1990 or in any exemption granted under section 7 of that Act and any such exemption is of no effect to the extent that it relates to any land covered by a current mining licence granted in accordance with this section.

(2)Words and expressions used in this section that are also used in the Mineral Resources Development Act 1990 have the same meanings as in that Act.

(3)The Governor in Council may, by Order published in the Government Gazette on the recommendation of the Minister administering the Mineral Resources Development Act 1990, grant a mining licence over land within the Latrobe area to a generation company.

(4)A licence granted in accordance with this section—

(a)is current for the time specified in the licence; and

(b)applies to the land described in the licence; and

(c)is subject to such conditions as are determined by the Governor in Council on the recommendation of the Minister administering the Mineral Resources Development Act 1990 (including, but not limited to, conditions about payment of royalties and any other matter referred to in section 26(2) of that Act and the condition referred to in section 26(4) of that Act) and specified in the licence; and

(d)is deemed for all purposes to be registered during the period from the commencement of the Order granting the licence until the licence is registered under subsection (19).

(5)The Mineral Resources Development Act 1990 and any other Act applies to a licence granted in accordance with this section as if it had been granted by the Minister administering that Act under Part 2 of that Act.

(6)Without limiting subsection (5), a licence granted in accordance with this section may be renewed, transferred, varied surrendered or cancelled, or a condition of such a licence may be varied, suspended, revoked or added, under Part 2 of the Mineral Resources Development Act 1990.

(7)An Order in Council under this section must—

(a)include an authority to commence work and a work plan (including a rehabilitation plan for the land);

(b)specify the amount of the rehabilitation bond required to be entered into by the licensee, the form of that bond and the time at which or the event on the happening of which it must be entered into.

(8)The Mineral Resources Development Act 1990 and any other Act applies to an authority to commence work and a work plan included in an Order in Council under this section as if the authority to commence work had been granted by the chief administrator under section 42 of that Act and the work plan had been approved by the chief administrator under section 40(4) of that Act.

(9)An authority to commence work and a work plan included in an Order in Council under this section are deemed for all purposes to be registered during the period from the commencement of the Order until the authority or plan (as the case requires) are registered under subsection (19).

(10)Without limiting subsection (8), a plan having effect as an approved work plan by virtue of this section may be varied under section 41 of the Mineral Resources Development Act 1990.

(11)Despite subsections (7) to (10), an authority to commence work included in an Order in Council under this section does not authorise the doing of work on private land unless—

(a)the licensee has obtained the consent of the owners and occupiers of the land affected; or

(b)the licensee has made compensation agreements with those owners and occupiers; or

(c)the amount of compensation payable to those owners and occupiers has been determined under Part 8 of the Mineral Resources Development Act 1990; or

(d)the licensee has purchased the land affected.

(12)The Mineral Resources Development Act 1990 and any other Act applies to a rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section as if it had been entered into by the licensee in accordance with section 80 of that Act.

(13)A rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section is deemed for all purposes to be registered during the period from the date on which it was entered into until it is registered under subsection (19).

(14)Without limiting subsection (12), the Minister administering the Mineral Resources Development Act 1990 may serve a notice on the licensee under section 80(4) or (5) of that Act.

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(19)Without limiting subsection (4)(d), (9) or (13), the registrar must, in accordance with section 69 of the Mineral Resources Development Act 1990, register—

(a)any licence granted in accordance with this section;

(b)any authority to commence work or work plan included in an Order in Council under this section;

(c)any rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section.

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PART 4—THE ADMINISTRATOR

Division 1—The Administrator

48Appointment of Administrator

(1)There shall be an Administrator for the restructuring of the electricity supply industry.

(2)The Administrator shall be appointed by the Treasurer after consultation with the Minister.

(3)The term of office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment, and the Administrator is eligible for re-appointment.

(4)Subject to this section, the terms and conditions of appointment of the Administrator shall be set by the Treasurer after consultation with the Minister.

(5)The Administrator is not subject to the Public Administration Act 2004 by reason only of the appointment as Administrator.

49Vacancy etc. in office of Administrator

(1)The office of the Administrator becomes vacant if the Administrator—

(a)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b)is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence.

(2)The Administrator may resign by writing delivered to the Minister.

(3)The Treasurer after consultation with the Minister may remove the Administrator from office.

49ADeputy Administrator

(1)There shall be a Deputy Administrator appointed by the Treasurer after consultation with the Minister.

(2)The term of office of the Deputy Administrator is the term, not exceeding 2 years, specified in the instrument of appointment and the Deputy Administrator is eligible for re-appointment.

(3)Subject to this section, the terms and conditions of appointment of the Deputy Administrator shall be set by the Treasurer after consultation with the Minister.

(4)The Deputy Administrator is not subject to the Public Administration Act 2004 by reason only of appointment as Deputy Administrator.

49BResignation and removal

(1)The Deputy Administrator may resign by writing delivered to the Minister.

(2)The Treasurer, after consultation with the Minister, may remove the Deputy Administrator from office.

49CFunctions and powers

(1)The Deputy Administrator shall act as Administrator—

(a)during a vacancy in the office of Administrator; and

(b)during any period when the Administrator is absent or, for any other reason, unable to perform the functions of Administrator—

but must not continue so to act for more than 6 months.

(2)The Deputy Administrator—

(a)when acting as Administrator, has and may exercise all the powers of the Administrator under this or any other Act;

(b)at any other time, has such powers of the Administrator under this or any other Act as are specified in the instrument of appointment or as are delegated to the Deputy Administrator by the Administrator under section 52.

50Staff of Administrator

The Administrator may engage such officers and employees as are necessary for the performance of the Administrator's functions, on such terms and conditions of appointment or employment as are determined by the Administrator.

51Functions and powers

The Administrator has the functions and powers conferred on the Administrator under this Act or any other Act (other than the Former SEC (Residual Provisions) Act 1958).

52Delegation

The Administrator may, in writing, delegate to a person approved by the Minister any function or power of the Administrator under this Act or any other Act (other than the Former SEC (Residual Provisions) Act 1958), other than this power of delegation.

53Directions

(1)The Treasurer and the Minister, acting jointly, may from time to time, by written notice to the Administrator, give such directions to the Administrator as the Treasurer or Minister think fit.

(2)The Administrator must comply with a direction given under this section but an act or decision of the Administrator is not invalid merely because of a failure to comply with such a direction.

(3)The Administrator must keep a copy of each direction given under this section available for inspection at the office of the Administrator during business hours, other than any direction, or part of a direction, that the Treasurer and the Minister have declared to be confidential.

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(5)A notice containing a direction given under this section is an exempt document for the purposes of the Freedom of Information Act 1982.

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PART 5—TRANSFER OF PROPERTY OF SEC

Division 1—Allocation of property

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63Certificate of Administrator

(1)A certificate signed by the Administrator certifying that property, rights or liabilities of the former SEC specified in the certificate have been allocated under the allocation statement to a former SEC company so specified or person or persons is, unless revoked under subsection (2), conclusive evidence—

(a)that the property, rights or liabilities have been so allocated; and

(b)if the certificate is given on or after the appointed day or allocation day, as the case requires, that the property, rights or liabilities vested in or became the property, rights or liabilities of the company or person or persons on the appointed day or allocation day, as the case requires.

(2)If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3)The Administrator—

(a)must keep a register of certificates issued under this section; and

(b)must make the register reasonably available for inspection by a person or persons specified in an allocation statement or other interested person.

63AA   Certificate of Minister

(1)On and after the commencement of section 42 of the State Electricity Commission Amendment Act 2024, the Minister may sign a certificate certifying that property, rights or liabilities of the former SEC specified in the certificate, have been allocated under an allocation statement made under this Part as in force immediately before that commencement, to a former SEC company so specified or person or persons.

(2)A certificate signed under subsection (1) is conclusive evidence that the property, rights or liabilities have been allocated as specified in the certificate.

(3)A certificate signed by the Minister under subsection (1) does not affect the validity of a certificate that has been issued under section 63.

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Division 2—Transfer of property

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72Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the appointed day or allocation day, as the case requires, the former SEC is, in relation to transferred property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the appointed day or allocation day, as the case requires—

(a)the transferee of the transferred property is to be taken to be the registered proprietor of that interest in land; and

(b)the transferee has the same rights and remedies in respect of that interest as the former SEC had.

73Amendment of Register

(1)The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Minister or Administrator, must make any amendments in the Register that are necessary because of the operation of this Act.

(1A)Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

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74Taxes

(1)No stamp duty or other tax is chargeable under any Act in respect of anything done under this Act or in respect of any act or transaction connected with or necessary to be done by reason of this Act, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with—

(a)the transfer of property, rights or liabilities of the former SEC to a former SEC company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024.

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(2)This section applies to an act or transaction referred to in subsection (1) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the State Electricity Commission Amendment Act 2024.

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76Validity of things done under this Act

(1)Nothing effected by this Act or done or suffered by the former SEC, the State, a Minister, a former SEC company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 under this Act—

(a)is to be regarded as placing the former SEC, the State, a Minister, the company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b)is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d)releases any surety or other obligee wholly or in part from any obligation.

(2)The validity of any act or transaction of the former SEC or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the Former SEC (Residual Provisions) Act 1958 had not been complied with.

(3)This section applies to an act or transaction referred to in subsection (1) or (2) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the State Electricity Commission Amendment Act 2024.

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PART 7—GENERAL

84APublic distribution company, public transmission company and public generation company

A public distribution company, public transmission company or public generation company is a public authority but does not represent the Crown.

84AAA Certain assets not to be fixtures

(1)The Minister may, by written notice, declare that specified assets that are affixed to land and that are disposed of by VPX, a public transmission company or a public generation company are taken, for all purposes, to be separate assets being chattels personal and not fixtures.

(2)The declaration has effect accordingly.

84AA   Financial benefits given on arm's length terms

(1)A financial benefit given before 1 July 1995 by a distribution company or generation company under a relevant contract to a recipient is deemed for the purposes of Part 3.2A of the Corporations Law of Victoria (despite anything to the contrary in that Law) to have been given on terms and conditions no more favourable to the recipient than those on which it is reasonable to expect that the first-mentioned distribution company or generation company would have given the benefit directly if dealing with the recipient at arm's length in the same circumstances.

(2)In subsection (1)—

recipient means Power Net Victoria, VPX, SEC, Generation Victoria, a distribution company or a generation company;

relevant contract means use of system agreement, connection agreement, distribution system agreement, tariffs and charges deed or vesting hedging contract.

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84AC Building Act 1993

The Victorian Building Authority under the Building Act 1993, by notice published in the Government Gazette, may determine that building work, or a building, on land of a generation company is exempt from the provisions of the Building Act 1993 and regulations under that Act specified in the notice, subject to such conditions (if any) as are so specified.

84BPersons dealing with electricity corporations or VPX

A certificate issued by the chief executive officer of an electricity corporation or VPX to a person having dealings with the corporation or VPX certifying that an act or transaction is an act or transaction that the corporation or VPX is authorised to do or enter into under its licence and the licence conditions under Part 12 is conclusive evidence, as between that person and the corporation or VPX, that the corporation or VPX is so authorised.

84CReports to Treasurer

The Treasurer may, in writing, require the board of directors of an electricity corporation or VPX to give to the Treasurer such information as the Treasurer considers necessary.

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85Delegation by Minister and Treasurer

The Minister or the Treasurer may, in writing, delegate to any person any function or power of the Minister or Treasurer under this Act, other than this power of delegation.

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87Service of documents on electricity corporation

A document required or authorised to be served on an electricity corporation or VPX may be served—

(a)personally on a person—

(i)apparently concerned in the management of the corporation or VPX; or

(ii)apparently authorised to accept service of documents on behalf of the corporation or VPX; or

(b)by post to the corporation or VPX at its principal office.

88Evidence of documents

(1)A document issued or purporting to have been issued by an electricity corporation or VPX and purporting to have been signed by the chief executive officer of the corporation or VPX is evidence that the document was issued by the corporation or VPX.

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90Treasurer may give guarantee

(1)The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person guaranteeing the due satisfaction of amounts that become payable by an electricity corporation or VPX under section 29(1) or of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision to an electricity corporation or VPX of financial accommodation including without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to obtain such satisfaction.

(2)Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under this section shall be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly.

(3)Any sums received or recovered by the Treasurer from an electricity corporation or VPX or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.

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91AExemption from Freedom of Information Act

An electricity corporation, VPX, a distribution company, a transmission company or a generation company is not, and is not eligible to be declared to be, an agency or prescribed authority within the meaning of the Freedom of Information Act 1982.

91ABOmbudsman Act 1973 not to apply

An electricity corporation, VPX, a distribution company, a transmission company or a generation company is not a public statutory body to which the Ombudsman Act 1973 applies.

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91BDebt proceedings

In a proceeding in the Magistrates' Court for a debt owing to a distribution company any person authorised by the distribution company in writing for that purpose may file a complaint in that person's own name or in the name of the distribution company and may represent the distribution company in all respects as though that person was the party concerned.

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92Regulations

(1)The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations are subject to disallowance by a House of the Parliament.

PART 8—TRANSITIONAL

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94Generation Victoria successor of State Body

(1)On the day on which this Act receives the Royal Assent—

(a)all property and rights of the body known as Generation Victoria established under the State Owned Enterprises (State Body—Generation Victoria) Order 1993 published in the Government Gazette No. S74 dated 7 October 1993 (the State Body) vest in Generation Victoria;

(b)all liabilities of the State Body become liabilities of Generation Victoria;

(c)Generation Victoria becomes the successor in law of the State Body;

(d)the State Body is dissolved.

(2)A person holding office, immediately before the commencement of this section as a director (including chief executive officer, if any) of the state Body referred to in subsection (1) is deemed to have been appointed, on that commencement, as director or chief executive officer of Generation Victoria for a term equivalent to the remainder of the term for which, and on the same terms and conditions as those in which, he or she was appointed to the State Body.

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PART 9—TRANSFER OF PROPERTY AND STAFF OF NATIONAL ELECTRICITY

Division 1—Definitions

98Definitions

(1)In this Part—

chief executive officer means chief executive officer of National Electricity;

former National Electricity property means property, rights or liabilities of National Electricity that, under this Part, have vested in, or become liabilities of, another person;

National Electricity instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a)to which National Electricity was a party; or

(b)that was given to or in favour of National Electricity; or

(c)that refers to National Electricity; or

(d)under which—

(i)money is, or may become, payable to or by National Electricity; or

(ii)other property is to be, or may become liable to be, transferred to or by National Electricity;

new employer, in relation to a transferred National Electricity employee, means the body by which, by virtue of section 114, the transferred National Electricity employee is regarded as being employed with effect from the relevant date;

relevant date—

(a)in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

(b)in relation to a document referred to in section 113(1), means the date fixed by the Minister under subsection (2) for the purposes of that document;

transferred National Electricity employee means a person who, by virtue of section 114, is regarded as being employed by a new employer with effect from the relevant date;

transferee, in relation to former National Electricity property, means the person to whom the property has been transferred under this Part.

(2)The Minister may, by notice published in the Government Gazette—

(a)fix the relevant date for the purposes of an allocation statement under section 99;

(b)fix the relevant date for the purposes of a document referred to in section 113(1).

Division 2—Allocation of property

99Minister may direct National Electricity to transfer property

(1)The Minister may, in writing, direct National Electricity to transfer property, rights and liabilities of a specified kind to a person or persons nominated by the Minister.

(2)Within 3 months after receiving a direction under subsection (1), National Electricity must give to the Minister a statement approved by the Minister relating to the property, rights and liabilities of National Electricity to which the direction relates, as at a date specified by the Minister for the purposes of the statement.

(3)A statement under this section—

(a)must allocate the property, rights and liabilities of National Electricity shown in the statement to, or between, the person or persons nominated by the Minister; and

(b)must be signed by the chief executive officer.

(4)If a statement under this section is approved by the Treasurer and the Minister—

(a)the Treasurer and the Minister must sign the statement; and

(b)the statement is an allocation statement for the purposes of this Part.

(5)The Treasurer and the Minister may at any time direct National Electricity to amend a statement given to them under this section as specified in the direction.

(6)An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister.

(6A)A direction under subsection (1) or (5) or an amendment under subsection (6) that would affect a distribution company, a transmission company or a generation company must not be given or made unless all the shares in the company are held by, or on behalf of, the State or a statutory authority.

(7)In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

100Certificate of chief executive officer

(1)A certificate signed by the chief executive officer certifying that property, rights or liabilities of National Electricity specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—

(a)that the property, rights or liabilities have been so allocated; and

(b)that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.

(2)If the Treasurer and the Minister so direct the chief executive officer in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3)The chief executive officer—

(a)must keep a register of certificates issued under this section; and

(b)must make the register reasonably available for inspection by a transferee or other interested person.

(4)In this section, chief executive officer means the Administrator.

Division 3—Transfer of property

101Property transferred to nominee

On the relevant date—

(a)all property and rights of National Electricity, wherever located, that are allocated under an allocation statement to a person nominated by the Minister in a direction under section 99, vest in that person; and

(b)all liabilities of National Electricity, wherever located, that are allocated under an allocation statement to that person, become liabilities of that person.

102Allocation of property etc. subject to encumbrances

Unless an allocation statement under this Part otherwise provides, where, under this Part—

(a)property and rights vest in; or

(b)liabilities become liabilities of—

a person nominated by the Minister in a direction under section 99—

(c)the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d)the rights to which National Electricity was entitled in respect of those liabilities immediately before they ceased to be liabilities of National Electricity vest in the transferee.

103Value of former National Electricity property

(1)The value to a person nominated by the Minister in a direction under section 99 of former National Electricity property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.

(2)If a person nominated by the Minister in a direction under section 99 is a distribution company or transmission company, the consideration payable by the distribution company or transmission company in respect of former National Electricity property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.

(3)On the date notified in writing to the distribution company or transmission company by the Treasurer for the purposes of this subsection, a distribution company or transmission company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the value of the liabilities that, before that date, have become liabilities of the distribution company or transmission company, as the case requires, under an allocation statement under this Part.

104Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of National Electricity under an agreement are allocated to a person nominated by the Minister in a direction under section 99—

(a)the person becomes, on the relevant date, a party to the agreement in place of National Electricity; and

(b)on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement.

105National Electricity instruments

Each National Electricity instrument relating to former National Electricity property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to National Electricity were a reference to the transferee.

106Proceedings

If, immediately before the relevant date, proceedings relating to former National Electricity property (including arbitration proceedings) to which National Electricity was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for National Electricity as a party to the proceedings and has the same rights in the proceedings as National Electricity had.

106ACriminal proceedings

(1)If National Electricity is convicted (whether before or after the commencement of section 21 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority nominated by the Minister.

(2)If the statement is approved by the Treasurer and the Minister—

(a)the Treasurer and the Minister must sign the statement; and

(b)the statement allocates liability to pay the fine to the person specified in it; and

(c)the person is liable to pay the fine as if it had committed and been convicted of the offence.

107Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, National Electricity is, in relation to former National Electricity property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a)the transferee is to be taken to be the registered proprietor of that interest in land; and

(b)the transferee has the same rights and remedies in respect of that interest as National Electricity had.

108Amendment of Register

(1)The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer, must make any amendments in the Register that are necessary because of the operation of this Act.

(1A)Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

*                *                *                *                *

109Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of National Electricity.

110Evidence

(1)Documentary or other evidence that would have been admissible for or against the interests of National Electricity in relation to former National Electricity property if this Part had not been enacted, is admissible for or against the interests of the transferee.

(2)The Evidence Act 2008 applies with respect to the books of account of National Electricity and to entries made in those books of account before the relevant date, whether or not they relate to former National Electricity property, as if those books of account and entries were business records.

*                *                *                *                *

111Validity of things done under this Part

(1)Nothing effected by this Part or done or suffered by National Electricity, the State, a Minister or a transferee of former National Electricity property under this Part—

(a)is to be regarded as placing National Electricity, the State, a Minister or the transferee in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b)is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c)is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(d)releases any surety or other obligee wholly or in part from any obligation.

(2)The validity of any act or transaction of National Electricity or the chief executive officer must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
C194	Latrobe Regional Water Authority	Bounded by Morwell–Thorpdale Road & Princes Freeway, part of CA's 51 & 49A, Parish of Maryvale.	6493 7603 7603 7603 7603	568 183 184 185 186
C490	N. K. Wettenhall	North of Deans Track, CA 22A, Section A, Parish of Narracan.	6197	249
C491	R. G. Whykes	Deans Track & Marretts Lane, (south-east corner), part of CA's 5A, 5B, 5F & CA's 5C, 5D & 5E, Section A, Parish of Narracan.	9150 9150 9150 9150 9150 9150	653 654 655 656 657 658
C493	J. D. Mountney	Bounded by Golden Gully Road, Driffield Road & Deans Track, CA 21, Section A, Parish of Narracan.	9460	754
C494	H. T. & P. R. Goldsmith	East of Driffield Road, CA 7A & part of CA's 7, 21 & 21A, Section A, Parish of Narracan.	5692 8976 9435 9435 9435 9435	322 392 706 707 708 711
C504	B. I. McIntosh	East of Morwell–Thorpdale Road & west of Morwell River, part of CA's 5 & 28, Lot 1 & part of Lot 2, LP 125212, Parish of Narracan.	7437 8208 9657 9657 9657	364 402 128 129 131
C506	L. F. & J. M. Woodhead	Bounded by Brodribb Road, Morwell–Thorpdale Road & Varys Road, Part of CA's 4 & 19A, Section A, Parish of Narracan.	8184 8263 9657	935 536 130
C507	L. F. Woodhead	West of Open Cut Perimeter Road & east of C504 & C506, part of CA 5, Section A, Parish of Narracan.	7437 8208 8263 9657 9657	364 402 536 129 130

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
C508	B. E. Cathie	North of Brodribb Road, part of CA's D, G5, 41 & 42, Parish of Hazelwood & part of CA 19A, Parish of Narracan.	1707 4589 4589 6582 7973 8263	218 615 616 286 089 536
C530	L. F. Woodhead	East of Applegates Road, part of CA's G8 & G6, Parish of Hazelwood.	1470 8334	890 025
C532	T. Birkbeck	East of Applegates Road, part of CA's F6 & G5, Parish of Hazelwood.	7973	089
C536	C. C. McKay	North of Brodribb Road, part of CA's F6, G5 & G8, Parish of Hazelwood.	6806 7973	157 089
C542	J. J. & F. M. Lawless	Bounded by Applegates Road, Brodribb Road & Yinnar Road, part of CA's G5 & G51, Parish of Hazelwood.	7973	089
C550	R. Didio	North of Brodribb Road, part of CA's G5 & G7, Parish of Hazelwood.	7973	089
C552	R. Didio	North of Brodribb Road, part of CA G8, Parish of Hazelwood.	6806	157
C570	A. Cook	North of Brodribb Road, part of CA 8A, Section A, Parish of Hazelwood.	8104	521
C572	LaTrobe Regional Commission (lessee) and Harrow Woods Pty. Ltd. A.C.N. 006 695 745 (sub-lessee)	Bounded by Hazelwood Pondage, Nadenbouschs Road & Black Bobs Lane, part of CA 37, Parish of Hazelwood.	8201	269

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
C579	R. Weir	Morwell Open Cut, Eastern Overburden Dump, part of CA 1C, Section A, Parish of Hazelwood.	2651 6290 8104 10135	012 974 521 584
C590	LaTrobe Regional Commission (lessee) and Hydropro Pty. Ltd. A.C.N. 060 447 074 (sub-lessee)	West of Nadenbouschs Road, part of CA 37, Parish of Hazelwood.	8201	269
C612	W. L. Reid & M. J. Dare	West of Monash Way & north of Brodribb Road, part of CA 1A, Section A, Parish of Hazelwood.	2651 2915 8083 8104 8242 8821 10135	012 917 706 521 655 151 584
C840	Shire of LaTrobe	East of Yinnar Road, part of CA 1, Parish of Hazelwood.	6224	664
C859	D. S. Cook	North of Switchback Road, part of CA's 1, F2, F3 & F4, Parish of Hazelwood.	5759 6224 7986	747 664 117
C860	Shire of LaTrobe	(Jeeralang Pony Club) North of Switchback Road, part of CA F10, Parish of Hazelwood.	6049	640
C884	LaTrobe Regional Commission	Bounded by Hazelwood Cooling Pond, Nadenbouschs Road and Black Bobs Lane, Lot 4 L.P. 120260, Parish of Hazelwood.	6049 8434 9861	640 017 134
C885	LaTrobe Regional Commission	Bounded by Hazelwood Cooling Pond, Nadenbouschs Road & Black Bobs Lane, Lots 1, 2 & part of Lot 3, LP 120260, Parish of Hazelwood.	6049 8201 8434 9195 9195 9861	640 269 017 224 225 133

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
C886	Liberty Images Pty. Ltd. A.C.N. 064 257 183	West of Nadenbouschs Road, part of CA F1, Parish of Hazelwood.	9861	133
F3468	Central Gippsland Region Water Authority	Part of CA 1C, Section A, Parish of Hazelwood.	7973 8053 8274	089 479 867
F3913	Central Gippsland Region Water Authority	Part of CA's 1B, 18 & 19, Parish of Hazelwood.	2651 2915 8083 8104 8242 8821	012 917 706 521 655 151
F6688	Australian Government Publishing Service	Wing 3 Lower, Morwell Administration Centre, Morwell.	8274	867
HFC01	Yallourn Energy Ltd. A.C.N. 065 325 224	Wing 2 Upper, Wing 4 Upper, Wing 5 & part of Registry area in Wing 6, Morwell Administration Centre, Morwell.	8274	867
HFC02	SEC	Wing 1 Lower & Archival storage within Wing 6 Basement, Morwell Administration Centre, Morwell.	8274	867
C140	W. S. & M. A. Wilkinson & C. T. Gray	Bounded by Laws Track, Vary Road & Buckleys Track, part of CA 46A, Section A, Parish of Narracan.	8242 8761	126 167
C142	F. Disisto	South of Buckleys Track, part of CA 46A, Section A, Parish of Narracan.	8761	167
C144	B. A. Lawless	Bounded by Laws Track, Buckleys Track & Blacks Track, part of CA 46A, Section A, Parish of Narracan.	8761	167

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
C148	APM Forests Pty. Ltd. A.C.N. 004 285 705	East of Vary Road, Part of CA 46A, Section A, Parish of Narracan.	8242 8761	126 167
C150	APM Forests Pty. Ltd. A.C.N. 004 285 705	Vary Road & Deans Track (south-west corner), part of CA 46A, Section A, Parish of Narracan.	8761	167
C154	N. A. & A. M. Morgan	South of Laws Track, part of CA 46A, Section A, Parish of Narracan.	8761	167
C156	APM Forests Pty. Ltd. A.C.N. 004 285 705	North of Deans Track, part of CA 46A, Section A, Parish of Narracan.	8761	167
C158	Golden Gully Farms (J. Jeffrey)	Bounded by Deans Track, Blacks Track & Laws Track, part of CA 46A, Section A, Parish of Narracan.	8761	167
C160	A. & M. Rosato	Blacks Track & Buckleys Track, (north-west corner), part of CA 26A, Section A, Parish of Narracan.	8761	167
C184	Shire of LaTrobe	Part of CA 48A, Parish of Maryvale.	9344	123
C191	D. W. Robinson	North of Princes Freeway, part of CA's 49A & 11F, Parish of Maryvale.	7716 8221 8274	078 207 748
C195	C. G. Horsley	North of Princes Freeway, part of CA 11F, Parish of Maryvale.	8274	748
C197	Shire of LaTrobe	Bounded by Morwell–Yallourn Railway, Driffield Road & Avondale Road, part of CA 49A, Parish of Maryvale.	7716	078
C302	Y. Sturk	Monash Way, south of Gippsland Railway, part of CA 8B, Parish of Maryvale.	8242	655

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
C303	D. V. & P. J. Evenden	Bounded by Gippsland Railway, Tramway Road & Monash Way, part of CA 8B, Parish of Maryvale.	8242	655
C304	Y. Sturk	Monash Way, south of Gippsland Railway, part of CA 8B, Parish of Maryvale.	8242	655
C305	Shire of LaTrobe	Bounded by Commercial Road, Princes Freeway & Monash Way, part of CA 8A, Parish of Maryvale.	8242	655
C569	LaTrobe Regional Water Authority	South of Brodribb Road, part of CA G7, Parish of Hazelwood.	8104	521
C577	A. J. McFarlane	Bounded by Brodribb Road, Monash Way & Nadenbouschs Road, CA 23A, Section A, Parish of Hazelwood.	8104 8821 9500	521 151 574
C580	APM Forests Pty. Ltd. A.C.N. 004 285 705	East of Monash Way, CA 9J & part of CA's 9 & 9H, Section A, Parish of Hazelwood.	8821 8769	151 328
C581	B. Slade	East of Monash Way, Lot 2, LP72440, Parish of Hazelwood.	8679	364
C584	APM Forests Pty. Ltd. A.C.N. 004 285 705	East of Monash Way, part of CA's 9H, 16, 18A & 19, Section A, Parish of Hazelwood.	2651 7790 7831 8083 8821	012 157 186 706 151
C602	J. A. & R. J. Thomas	Bounded by Commercial Road & Monash Way, part of CA 8A, Parish of Maryvale.	10135	584
C606	K. W. Buckley	Firmins Lane & Tramway Road, (north-east corner), part of CA 8B, Parish of Maryvale.	8242	655

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
C610	Latrobe Regional Commission	Porters Road & Monash Way, (north-west corner), part of CA 1B, Section A, Parish of Hazelwood.	8242	655
C612	W. L. Reid & M. J. Dare	North of Monash Way & west of Porters Road, part of CA 1A, Section A, Parish of Hazelwood.	2651 2915 8083 8104 8242 8821 10135	012 917 706 521 655 151 584
C614	D. V. & P. J. Evenden	East of Monash Way, part of CA 46A, Section A, Parish of Hazelwood.	8242	655
C615	Pinegro Products Pty. Ltd. A.C.N. 005 531 546	West of Monash Way, part of CA 1A & 1B, Parish of Hazelwood.	8242 10135	655 584
F1996	Gas & Fuel Corporation of Victoria	Part of CA 18A, Section A, Parish of Hazelwood.	2651 7831 8242	012 186 655
F3913	Central Gippsland Region Water Authority	Part of CA 19, Parish of Hazelwood.	8242	655
F6658	Deanmac Emergency Services Pty Ltd A.C.N. 006 953 126	Part of CA 11H, Parish of Maryvale.	8217	219
F6662	Brambles Australia Ltd. A.C.N. 000 164 938	Part of CA 11H, Parish of Maryvale.	8217 8274	219 867
F6665	Siemens Ltd. A.C.N. 004 347 880	Julia Street, part of CA 11H, Parish of Maryvale.	8217 8274	219 867

SEC	Affected Titles
Lease Number	Lessee	Location	Volume	Folio
F6668	WBM Pty Ltd A.C.N. 010 830 421	East–West Access Road, west of Lower Ridge Road, part of CA 55C, Parish of Maryvale.	8274	867
F6682	Terich Industries Pty Ltd A.C.N. 007 366 887	Julia Street, part of CA 11H, Parish of Maryvale.	8217	219
F6684	Victorian Power Exchange	Lower Ridge Road, Morwell.	8274	867
F6685	Lease Plan Australia Ltd A.C.N. 006 923 011	Part of CA 11H, Parish of Maryvale.	8217	219

Part 3—Roads corporation land to be surrendered

Folio of the Register

Volume	Folio	Volume	Folio
5692	322	9699	375
9699	372	9699	376
9699	373	9699	378
9699	374	9699	379

Part 4—Land in respect of which reservation is revoked

Situation and area of land	Instrument and date of reservation	Description of land by reference to Government Gazette	Purpose of Reservation	Extent of revocation
Bed and 20×12 metres from each bank of the Morwell River less excision authorised by Act No. 56/1995	Order in Council dated 23 May 1881	Government Gazette dated 27 May 1881, page 1389	Site for public purposes	That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95–84

Part 5—Land in respect of which reservations are revoked

Item	Situation and area of land	Instrument and date of reservation	Description of land by reference to Government Gazette	Purpose of reservation	Extent of revocation
1.	Bed and 30×18 metres from each bank of the Goulburn River less excisions authorised by Act No. 5909 and Act No. 9922.	Order in Council dated 23 May 1881	Government Gazette dated 27 May 1881, page 1389.	Site for public purposes.	That part of the reserve delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97–26
2.	Bed and 30×18 metres from each bank of the Mitta Mitta River less excisions authorised by Act No. 6413 and Act No. 37/1989.	Order in Council dated 23 May 1881	Government Gazette dated 27 May 1881, page 1389.	Site for public purposes.	That part of the reserve delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97–26

SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS

1Definitions

In this Schedule—

old Act means the Electricity Industry Act 1993.

2General transitional provisions

(1)This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2)Without limiting subclause (1), in declaring that certain provisions of the Electricity Industry Act 2000 are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to—

(a)limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or

(b)be an exhaustive list of the provisions of the old Act re-enacted by the Electricity Industry Act 2000.

(3)This Schedule applies despite anything to the contrary in any other provision of this Act or the Electricity Industry Act 2000.

3Re-enacted provisions

A provision of the old Act specified in Column 1 of the Table is deemed to be re-enacted (with modifications) by the provision of the Electricity Industry Act 2000 appearing opposite in Column 2 of the Table.

TABLE
Old Provision	New Provision
section 27(2) to (4)	section 117
section 42A	section 86
section 42B	section 87
section 44	section 88
section 44A	section 89
section 45	section 90
section 45A	section 91
section 45B	section 92
section 46	section 94
section 47	section 93
Parts 3A and 3B	Part 6
section 155A	section 11
section 158	section 12
section 158AA	section 13
section 159	section 16
section 160	section 17
section 161	section 18
section 162	section 19
section 163(1), (2), (2A)	section 20
section 163(3)	section 21
section 163(4)	section 22
section 163(5)	section 24
section 163(6) and (7)	section 25
section 163(8), (9), (10), (11)	section 26
section 163AAA	section 27
section 164	section 29
section 164A	section 32
section 165	section 30
section 166	section 34
Old Provision	New Provision
section 167	section 31
section 169A	section 35
section 169B	section 36
section 169C	section 37
section 169D	section 38
section 170A	section 47
section 170B	section 48
section 170C	section 49
Part 13	Part 3
Schedule 2	Schedule

4Superseded references to old Act

On the commencement of this clause, in any Act (other than this Act or the Electricity Industry Act 2000), or in any instrument made under any Act or in any other document of any kind a reference to the old Act—

(a)to the extent that the reference relates to a provision of the old Act re-enacted in the Electricity Industry Act 2000, is deemed to be a reference to the Electricity Industry Act 2000; and

(b)to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the Electricity Industry (Residual Provisions) Act 1993.

5Licences

A licence issued under Part 12 of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under Part 2 of the Electricity Industry Act 2000.

*                *                *                *                *

7Orders under section 158AA

An Order under section 158AA of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under section 13 of the Electricity Industry Act 2000.

8Exemptions under section 160

An Order under section 160 of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under section 17 of the Electricity Industry Act 2000.

═══════════════

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: 28 October 1993

Legislative Council: 1 December 1993

The long title for the Bill for this Act was "A Bill relating to the restructuring of the electricity supply industry, to amend the State Electricity Commission Act 1958, to make consequential amendments to other Acts and for other purposes.".

The Electricity Industry Act 1993 was assented to on 14 December 1993 and came into operation as follows:

Part 1 (sections 1–6), sections 7–10, 13–16, 20–23, 30, Part 5 Division 1 (sections 62, 63), section 76, Part 6 (sections 80–84), section 86, Part 8 (sections 93–97), sections 110, 111, 119, 121 on 14 December 1993: section 2(1); sections 26, 85, 98, 99 on 14 December 1993: Special Gazette (No. 93) 14 December 1993 page 1; rest of Act on 3 January 1994: Special Gazette (No. 97) 23 December 1993 page 1.

The title of this Act was changed from the Electricity Industry Act 1993 to the Electricity Industry (Residual Provisions) Act 1993 by section 3 of the Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000.

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 (Residual Provisions) Act 1993 by Acts and subordinate instruments.

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

Borrowing and Investment Powers (Further Amendment) Act 1994, No. 4/1994

Assent Date:	27.4.94
Commencement Date:	14.12.93: s. 2
CurrentState:	All of Act in operation

Financial Management Act 1994, No. 18/1994

Assent Date:	10.5.94
Commencement Date:	S. 66(Sch. 2 item 6) on 1.7.94: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 4(Sch. 2 item 26) on 1.1.95: Government Gazette 28.7.94 p. 2055
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Amendment) Act 1994, No. 53/1994 (as amended by No. 8/1996)

Assent Date:	15.6.94
Commencement Date:	S. 23 on 14.12.93: s. 2(2); ss 4(2), 14(1), 21(1)(3), 22, 24 on 29.6.94: Special Gazette (No. 39) 29.6.94 p. 1—see Interpretation of Legislation Act 1984; s. 12 on 3.10.94: Special Gazette (No. 57) 23.8.94 p. 1; ss 4(1)(a)(b)(e)–(g)(3)–(5), 5–7, 10, 11, 13, 14(2), 15–20, 21(2), 25 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1; ss 4(1)(c)(d), 8 on 1.7.97: Government Gazette 5.6.97 p. 1281; s. 9 never proclaimed, repealed by No. 8/1996
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Further Amendment) Act 1994, No. 110/1994 (as amended by Nos 56/1995, 10/1998)

Assent Date:	20.12.94
Commencement Date:	Ss 6, 7, 8(a)(b), 9–33 on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1; s. 8(c) never proclaimed, repealed by No. 56/1995; s. 5(1) on 1.7.99: Government Gazette 1.7.99 p. 1521
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Equal Opportunity Act 1995, No. 42/1995 (as amended by No. 79/1995)

Assent Date:	14.6.95
Commencement Date:	S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 items 13.1–13.3 on 1.1.96: Government Gazette 21.12.95 p. 3571
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Amendment) Act 1995, No. 56/1995 (as amended by No. 79/1995)

Assent Date:	20.6.95
Commencement Date:	S. 67(2) on 20.12.94: s. 2(2); ss 4(1)(3), 5–8, 11, 13–36, 44(3) on 20.6.95; s. 12 on 1.7.95: Special Gazette (No. 52) 20.6.95 p. 1; ss 9, 10, 46(2) on 8.8.95: Special Gazette (No. 78) 8.8.95 p. 1; ss 37, 38 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1; s. 4(2) on 20.6.96: s. 2(5); s. 39 on 1.1.01: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Further Amendment) Act 1995, No. 79/1995

Assent Date:	28.11.95
Commencement Date:	Ss 4–6, 8, 10, 13–17 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1; ss 7, 9, 11, 12 on 28.11.95: s 2(1); Pt 3 (ss 18–21) on 14.12.95: Government Gazette 14.12.95 p. 3488—see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Superannuation Acts (Amendment) Act 1996, No. 4/1996

Assent Date:	18.6.96
Commencement Date:	S. 134(2) on 30.6.96: s. 2(12)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Amendment) Act 1996, No. 8/1996 (as amended by No. 35/1997)

Assent Date:	25.6.96
Commencement Date:	S. 20 on 20.12.94: s. 2(6); s. 4(1) on 20.6.95: s. 2(2); ss 4(2)–(5), 5, 7–13, 15, 16 on 25.6.96: s. 2(1); s. 6 on 25.6.99: Government Gazette 24.6.99 p. 1465; s. 14 on 1.1.01: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Further Amendment) Act 1996, No. 48/1996

Assent Date:	26.11.96
Commencement Date:	26.11.96: s. 2
CurrentState:	All of Act in operation

Electricity Industry (Loy Yang B) Act 1997, No. 14/1997

Assent Date:	6.5.97
Commencement Date:	S. 11 on 18.4.97: s. 2(2); Pt 1 (ss 1–3) on 6.5.97: s. 2(1); rest of Act on 8.5.97: Special Gazette (No. 50) 6.5.97 p. 1
CurrentState:	All of Act in operation

Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997 (as amended by Nos 55/1997, 10/1998)

Assent Date:	3.6.97
Commencement Date:	Pt 1 (ss 1–3) on 3.6.97: s. 2(1); rest of Act (except ss 10–12, 15, 20(1)(2), 21(3)(a)) on 3.6.97: Special Gazette (No. 58) 3.6.97 p. 1; ss 20(1)(2), 21(3)(a) on 27.11.97: Government Gazette 27.11.97 p. 3225; s. 10 never proclaimed, repealed by No. 55/1997; s. 11 on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1; ss 12, 15 on 25.6.99: Government Gazette 24.6.99 p. 1465
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997

Assent Date:	21.10.97
Commencement Date:	Ss 3, 4(1)(3), 5, 7, 9–15 on 21.10.97: s. 2(1); ss 4(2), 6, 8(b)–(d) on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Snowy Hydro Corporatisation Act 1997, No. 105/1997

Assent Date:	16.12.97
Commencement Date:	S. 26(2) on 9.8.95: s. 2(2); s. 26(1) on 28.6.02: Special Gazette (No. 110) 25.6.02 p. 1
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry (Amendment) Act 1998, No. 10/1998

Assent Date:	28.4.98
Commencement Date:	S. 10(2) on 24.12.94: s. 2(2); s. 6 on 28.4.98: s. 2(1); ss 4, 7, 8, 10(1) on 1.6.98: s. 2(3); s. 5 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 3
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Safety Act 1998, No. 25/1998

Assent Date:	12.5.98
Commencement Date:	Ss 164, 165(1)–(4)(6) on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2; s. 165(5) on 31.12.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 20) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry Acts (Amendment) Act 1998, No. 89/1998

Assent Date:	24.11.98
Commencement Date:	Ss 3, 4 on 24.11.98: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999

Assent Date:	8.6.99
Commencement Date:	Ss 3–7, 9–15 on 8.6.99: s. 2(1); ss 16, 18, 19 on 25.6.99: Government Gazette 24.6.99 p. 1465; s. 8 on 31.12.99: Government Gazette 16.12.99 p. 2639; s. 17 never proclaimed, repealed by No. 11/2002
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry Acts (Amendment) Act 2000, No. 38/2000

Assent Date:	6.6.00
Commencement Date:	Ss 5–7, 13, 14 on 29.6.00; ss 3, 4, 9, 10 on 1.9.00: Government Gazette 29.6.00 p. 1455; ss 8, 12 on 31.12.00: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date:	21.11.00
Commencement Date:	S. 17 on 22.3.94: s. 2(3); s. 16 on 14.12.95: s. 2(2); s. 13 on 21.11.00: s. 2(1); ss 3–12, 14, 15, 18–20 on 1.1.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

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

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 35) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Essential Services Commission Act 2001, No. 62/2001

Assent Date:	23.10.01
Commencement Date:	S. 74 on 1.1.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Building (Amendment) Act 2001, No. 68/2001

Assent Date:	7.11.01
Commencement Date:	S. 18 on 1.7.02: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

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

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 20) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004

Assent Date:	25.5.04
Commencement Date:	S. 20 on 26.5.04: s. 2(1); s. 21 on 30.6.05: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 63) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

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

Assent Date:	27.4.05
Commencement Date:	S. 15 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 (Residual Provisions) Act 1993

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 19) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013

Assent Date:	18.6.13
Commencement Date:	S. 35(Sch. 2 item 3) on 1.7.13: s. 2
CurrentState:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

Sale of Land Amendment Act 2014, No. 33/2014

Assent Date:	13.5.14
Commencement Date:	S. 10 on 1.10.14: Special Gazette (No. 282) 26.8.14 p. 1
Current State:	This information relates only to the provision/s amending the Electricity Industry (Residual Provisions) Act 1993

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

Assent Date:	26.3.24
Commencement Date:	Ss 27−80 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 (Residual Provisions) Act 1993

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

Assent Date:	16.9.25
Commencement Date:	S. 76 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 (Residual Provisions) Act 1993

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

3   Explanatory details

[1] S. 7 (repealed): Section 5(2) of the Electricity Industry (Further Amendment) Act 1994, No. 110/1994 reads as follows:

5Abolition of Generation Victoria

(2)On the commencement of subsection (1)—

(a)Generation Victoria is abolished;

(b)all directors of Generation Victoria go out of office;

(c)the chief executive officer of Generation Victoria goes out of office.

[2] S. 13 (repealed): Section 5(3) of the Electricity Industry (Amendment) Act 1998, No. 10/1998 reads as follows:

5Power Net Victoria dissolved

(3)On the commencement of subsection (1)—

(a)Power Net Victoria is abolished;

(b)all directors of Power Net Victoria go out of office;

(c)the chief executive officer of Power Net Victoria goes out of office.

[3] Pt 2 Div. 3 (repealed): Section 8(2) of the Electricity Industry (Amendment) Act 1994, No. 53/1994 reads as follows:

8Abolition of Electricity Services Victoria

(2)On the commencement of subsection (1)—

(a)Electricity Services Victoria is abolished;

(b)all directors of Electricity Services Victoria go out of office;

(c)the chief executive officer of Electricity Services Victoria goes out of office.