Energy and Land Legislation Amendment (Energy Safety) Act 2025 (Vic)

Energy and Land Legislation Amendment (Energy Safety) Act 2025

No. 13 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Electricity Safety Act 1998

Division 1—Bushfire mitigation plans

3Definitions

4Submission of bushfire mitigation plans for acceptance

5New sections 83BBA to 83BBD inserted

6Validation of bushfire mitigation plans

7Additional information

8Acceptance of bushfire mitigation plan

9Provisional acceptance of bushfire mitigation plan

10Non‑acceptance of bushfire mitigation plan

11Energy Safe Victoria may determine bushfire mitigation plan

12Section 83BI repealed

Division 2—Abolition of Committees

13Definitions—Electric Line Clearance Consultative Committee

14Definitions—Victorian Electrolysis Committee

15Heading to Division 3 of Part 8 inserted

16Abolition of Electric Line Clearance Consultative Committee

17Procedure for Code

18Sections 91 and 92 repealed

19New section 170 inserted

20Costs in relation to mitigation systems

Division 3—Enforcement powers

21Powers of entry—compliance

22Emergency access

23Entry to be reported to Energy Safe Victoria

24Powers of entry—enforcement

25New section 130A inserted

26Announcement before entry

27Copy of warrant to be given to occupier

28Power of enforcement officer to require information or documents

29New section 138A inserted

30Definitions for the purposes of Part 11A

31New Division 1B of Part 12 inserted

32Heading to Division 3 of Part 12 inserted

33Enforcement officer may issue improvement notice

34New sections 144A, 144B and 144C inserted

35Notices may include directions

Division 4—Increases and amendments of penalties

36Registered number

37Employees of registered electrical contractor

38Safety of electrical installations

39Safety of electrical installations—building work

40Compliance and testing of electrical installation work

41Inspection of electrical installation work

42Certificates of electrical safety

43Supply of certificate forms

44Offence not to comply with improvement notice

Division 5—Other amendments

45Definitions

46New sections 33A and 33B inserted

47New sections 40A and 40B inserted

48Application to review

49Procedure for Code

50Section 120F repealed

51New section 148B inserted

Division 6—Authorised officer amendments

52New section 171 inserted

53Authorised officer amendments—Schedule 1

Part 3—Amendment of the Gas Safety Act 1997

Division 1—Enforcement and related powers

54Powers of entry—safety cases and gas incidents

55Emergency access

56Entry to be reported to Energy Safe Victoria

57New section 95A inserted

58Announcement before entry

59Copy of warrant to be given to occupier

60Power of inspector to require information or documents

61New section 103A inserted

62New Division 1B of Part 6 inserted

63Definitions for the purposes of Part 6A

64Section 117AE substituted

Division 2—Increases and amendments of penalties

65Offence to carry out upstream gas work without approval or authorisation

66Offence to install certain Type A appliances

67Offence to sell unsafe appliances

68False labelling in relation to Type A appliances

69Unsafe modifications to Type A appliances

70Compliance with prescribed standards and requirements for work on gas installation

71Acceptance of gas installation

72Offence to use Type B appliance

73Offence to supply or sell certain appliances without giving required information

74Offence to disobey prohibition

75Supply or sale of certain types of liquefied petroleum gas

76Interference with pipeline, gas installation or meter assembly

77Safety of gas installations

78Proclaimed gas equipment not to be supplied unless registered and labelled

79Offence not to comply with improvement notice

Division 3—Other amendments

80New Division 4 of Part 6 inserted

Division 4—Authorised officer amendments

81New section 130 inserted

82Authorised officer amendments—Schedule 2

Part 4—Amendment of the Pipelines Act 2005

83Offence‑related searches and seizures

84New section 163A inserted

85Announcement before entry

86Copy of warrant to be given to occupier

87Receipt must be given for anything seized

88Use of equipment to examine or process things

89Use or seizure of electronic equipment at premises

90Compensation for damage

91New Division 5 of Part 11 inserted

Part 5—Amendment of the Energy Safe Victoria Act 2005

92Corporate plan

93Statement of corporate intent: contents

94New section 21A inserted

95New Part 7 inserted

Part 6—Amendment of other Acts

96Authorised officer amendments—Schedule 3

Part 7—Amendment of Land Act 1958

97New section 134B inserted

Part 7A—Amendment of Electricity Industry Act 2000

97ASection 40FBA substituted

97BSection 40FBB repealed

97CRetailer licence condition relating to purchase of small renewable energy generation electricity

97DNew section 124 inserted

Part 8—Repeal of this Act

98Repeal of this Act

Schedule 1—Consequential amendments to Electricity Safety Act 1998

Schedule 2—Consequential amendments to Gas Safety Act 1997

Schedule 3—Consequential amendments to other Acts

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Endnotes

1     General information

Energy and Land Legislation Amendment (Energy Safety) Act 2025

No. 13 of 2025

[Assented to 20 May 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Electricity Safety Act 1998—

(i)to provide further in relation to the requirements for bushfire mitigation plans for specified operators; and

(ii)to abolish the Electric Line Clearance Consultative Committee and the Victorian Electrolysis Committee; and

(iii)to provide further in relation to enforcement and related powers, including an additional entry power under a warrant; and

(iv)to increase penalties for offences under that Act; and

(v)to change all references to enforcement officers to authorised officers; and

(vi)to provide that a court may make adverse publicity orders in relation to offenders; and

(vii)to make miscellaneous and consequential amendments; and

(b)to amend the Gas Safety Act 1997—

(i)to provide further in relation to enforcement and related powers, including an additional entry power under a warrant; and

(ii)to change all references to inspectors to authorised officers; and

(iii)to increase penalties for offences under that Act; and

(iv)to provide that a court may make adverse publicity orders in relation to offenders; and

(v)to make consequential amendments; and

(c)to amend the Pipelines Act 2005—

(i)to provide for an additional entry power under a warrant; and

(ii)to provide that a court may make adverse publicity orders in relation to offenders; and

(iii)to make consequential amendments; and

(d)to amend the Energy Safe Victoria Act 2005 to provide that Energy Safe Victoria must give a corporate plan to the Minister every 3 years and provide updates on that plan to the Minister; and

(e)to amend the Land Act 1958 to clarify that the Minister administering that Act is not prevented from entering into certain agreements to lease or leases relating to the carrying out of works, despite section 8C of the Environment Effects Act 1978; and

(ea)to amend the Electricity Industry Act 2000 to enable licensees that sell electricity to more than 5000 customers, rather than the Essential Services Commission, to set the rate or rates at which those licensees purchase small renewable energy generation electricity from customers; and

(f)to make consequential amendments to other Acts.

2Commencement

(1)This Part, Parts 5, 7, 7A and 8, Divisions 1, 4 and 5 of Part 2, Divisions 2 and 3 of Part 3 and sections 19, 30, 31, 62, 63, 64 and 91 of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Division 2 of Part 2 (other than sections 14, 18, 19 and 20) comes into operation on 30 June 2025.

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision of this Act does not come into operation before 1 April 2026, it comes into operation on that day.

PART 2—AMENDMENT OF THE ELECTRICITY SAFETY ACT 1998

Division 1—Bushfire mitigation plans

3Definitions

(1)In section 3 of the Electricity Safety Act 1998, after paragraph (a) of the definition of accepted bushfire mitigation plan insert—

"(ab)if a revised bushfire mitigation plan submitted under section 83BBA or 83BBB has been accepted or provisionally accepted under Subdivision 3 of Division 1A of Part 8, that revised bushfire mitigation plan; or".

(2)In section 3 of the Electricity Safety Act 1998, in the definition of bushfire mitigation plan, after "section 83BA(1)" insert ", 83BBA(1), 83BBB(1)".

4Submission of bushfire mitigation plans for acceptance

(1)For section 83BA(1) of the Electricity Safety Act 1998 substitute—

"(1)Before a submission day, a specified operator must prepare and submit to Energy Safe Victoria, for acceptance under Subdivision 3, a plan for the operator's proposals for mitigation of bushfire in relation to the operator's at‑risk electric lines.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.".

(2)After section 83BA(3) of the Electricity Safety Act 1998 insert—

"(4)In this section—

commencement day means the day on which Division 1 of Part 2 of the Energy and Land Legislation Amendment (Energy Safety) Act 2025 comes into operation;

submission day, in relation to the specified operator of at‑risk electric lines, means—

(a)if an accepted bushfire mitigation plan applies to the at‑risk electric lines immediately before the commencement day, the day that is 5 years after the most recent acceptance of that plan (whether that acceptance is before, on or after the commencement day); or

(b)in any other case—

(i)1 July immediately preceding the specified bushfire risk period in which the specified operator proposes to first operate the at‑risk electric lines; or

(ii)the day that is 5 years after the most recent acceptance of the bushfire mitigation plan that applies to the at‑risk electric lines.".

5New sections 83BBA to 83BBD inserted

After section 83BB of the Electricity Safety Act 1998 insert—

"83BBA   Revision of bushfire mitigation plan required in certain circumstances

(1)A specified operator must prepare and submit to Energy Safe Victoria, for acceptance under Subdivision 3, a revised bushfire mitigation plan as soon as practicable if—

(a)developments in technical knowledge or the assessment of hazards relevant to the at‑risk electric lines make it appropriate to revise the accepted bushfire mitigation plan; or

(b)a proposed modification to the at‑risk electric lines will result in an increase in the overall level of risk to the safety of any person or property arising from the at‑risk electric lines; or

(c)a proposed modification to the work practices covered by the accepted bushfire mitigation plan will result in an increase in the levels of risk to the safety of any person or property arising from at‑risk electric lines; or

(d)the specified operator proposes to make a change to the accepted bushfire mitigation plan.

(2)The revised bushfire mitigation plan must—

(a)be in or to the effect of a form approved by Energy Safe Victoria; and

(b)include either—

(i)any prescribed particulars; or

(ii)if no particulars are prescribed for the purposes of this subsection, any particulars prescribed for the purposes of section 83BA(2)(b).

83BBBEnergy Safe Victoria may request submission of a revised bushfire mitigation plan

(1)Energy Safe Victoria may at any time request a specified operator to submit a revised bushfire mitigation plan in relation to the operator's at‑risk electric lines for acceptance under Subdivision 3.

(2)The request must—

(a)be in writing; and

(b)set out—

(i)the matters to be addressed by the required revision; and

(ii)the proposed date of effect of the revision; and

(iii)the period (being not less than 60 days) within which the specified operator must submit the revised bushfire mitigation plan; and

(iv)the grounds for the request; and

(v)any other prescribed matter.

(3)The specified operator to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—

(a)that the revision should not occur;

(b)that the revision should be in different terms from the proposed terms;

(c)that the revision should take effect on a later date than the proposed date of effect of the revision.

(4)A submission under subsection (3) must—

(a)be in writing; and

(b)state the specified operator's reasons for the submission; and

(c)be made within 21 days, or any later period that Energy Safe Victoria allows, after the request is received.

(5)If a specified operator makes a submission under this section, Energy Safe Victoria must decide—

(a)to accept the submission or part of the submission and vary or withdraw the request accordingly; or

(b)to reject the submission.

(6)Energy Safe Victoria must give the specified operator notice in writing of—

(a)its decision on the submission; and

(b)the reasons for that decision; and

(c)if Energy Safe Victoria decides not to withdraw the request for a revised bushfire mitigation plan, the period (being not less than 60 days) within which the specified operator must submit the revised bushfire mitigation plan.

(7)A revised bushfire mitigation plan submitted in response to a request under subsection (1) must—

(a)be in or to the effect of a form approved by Energy Safe Victoria; and

(b)include either—

(i)any prescribed particulars; or

(ii)if no particulars are prescribed for the purposes of this subsection, any particulars prescribed for the purposes of section 83BA(2)(b).

83BBCOffence to fail to submit revised bushfire mitigation plan on request

If Energy Safe Victoria requests a specified operator to submit a revised bushfire mitigation plan in accordance with section 83BBB, the specified operator must submit a revised bushfire mitigation plan to Energy Safe Victoria—

(a)if the specified operator does not make a submission under that section, within the time specified by Energy Safe Victoria in the request under section 83BBB(2); or

(b)if the specified operator makes a submission under section 83BBB and Energy Safe Victoria does not withdraw the request, within the time specified in the notice under section 83BBB(6).

Penalty:In the case of a natural person, 300 penalty units;

In the case of a body corporate, 1500 penalty units.

83BBDOffence to modify matters related to bushfire mitigation plans in certain circumstances

A specified operator must not—

(a)undertake or permit a modification of an at‑risk electric line that has the potential to increase the overall levels of risk to the safety of any person or property arising from the at‑risk electric line; or

(b)make any change to an accepted bushfire mitigation plan in relation to an at‑risk electric line—

unless Energy Safe Victoria has accepted a revision of the accepted bushfire mitigation plan in relation to that matter for that at‑risk electric line.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.".

6Validation of bushfire mitigation plans

(1)In the heading to section 83BC of the Electricity Safety Act 1998, after "plans" insert "and revised bushfire mitigation plans".

(2)In section 83BC(1) of the Electricity Safety Act 1998—

(a)after "mitigation plan" insert "or revised bushfire mitigation plan";

(b)after "section 83BA," insert "83BBA or 83BBB,".

(3)In section 83BC(2) of the Electricity Safety Act 1998, after "mitigation plan" insert "or revised bushfire mitigation plan".

(4)In section 83BC(3) of the Electricity Safety Act 1998, for "plan or part of a plan" substitute "plan, a revised bushfire mitigation plan or part of a bushfire mitigation plan or revised bushfire mitigation plan".

(5)In section 83BC(4) of the Electricity Safety Act 1998, after "plan" insert "or revised bushfire mitigation plan".

7Additional information

(1)In section 83BD(1) of the Electricity Safety Act 1998—

(a)after "plan" insert "or revised bushfire mitigation plan";

(b)after "section 83BA" insert ", 83BBA or 83BBB".

(2)In section 83BD(2) of the Electricity Safety Act 1998, after "plan" insert "or revised bushfire mitigation plan".

8Acceptance of bushfire mitigation plan

(1)In the heading to section 83BE of the Electricity Safety Act 1998, for "plan" substitute "plans and revised bushfire mitigation plans".

(2)In section 83BE(1) of the Electricity Safety Act 1998—

(a)after "mitigation plan" insert "or revised bushfire mitigation plan";

(b)after "section 83BA" insert ", 83BBA or 83BBB".

(3)In section 83BE(2) of the Electricity Safety Act 1998, for "submitted under section 83BA" substitute "or a revised bushfire mitigation plan referred to in subsection (1)".

(4)After section 83BE(2) of the Electricity Safety Act 1998 insert—

"(2A)If an accepted bushfire mitigation plan applies to a specified operator's at‑risk electric lines, the accepted plan remains in force until the day on which Energy Safe Victoria accepts a subsequently submitted bushfire mitigation plan or revised bushfire mitigation plan.".

(5)For section 83BE(3) of the Electricity Safety Act 1998 substitute—

"(3)Energy Safe Victoria must notify the specified operator in writing—

(a)of its decision to accept a bushfire mitigation plan or a revised bushfire mitigation plan; and

(b)the date on which Energy Safe Victoria accepted the bushfire mitigation plan or the revised bushfire mitigation plan; and

(c)the date by which the specified operator must submit the next bushfire mitigation plan to Energy Safe Victoria for acceptance.

(4)In this section—

acceptance includes, in the case of an accepted bushfire mitigation plan in force immediately before the day on which Division 1 of Part 2 of the Energy and Land Legislation Amendment (Energy Safety) Act 2025 comes into operation, an acceptance of the bushfire mitigation plan that occurs before that day.".

9Provisional acceptance of bushfire mitigation plan

(1)In the heading to section 83BF of the Electricity Safety Act 1998, after "plan" insert "or revised bushfire mitigation plan".

(2)In section 83BF(1) of the Electricity Safety Act 1998—

(a)after "mitigation plan" insert "or a revised bushfire mitigation plan";

(b)after "section 83BA" insert ", 83BBA or 83BBB".

(3)In section 83BF(2) of the Electricity Safety Act 1998, after "mitigation plan" insert "or the revised bushfire mitigation plan".

(4)In section 83BF(3)(b) of the Electricity Safety Act 1998, after "plan" insert "or the revised bushfire mitigation plan".

10Non‑acceptance of bushfire mitigation plan

(1)In the heading to section 83BG of the Electricity Safety Act 1998, after "plan" insert "or revised bushfire mitigation plan".

(2)In section 83BG(1) of the Electricity Safety Act 1998, for "submitted to it under section 83BA" substitute "or a revised bushfire mitigation plan submitted to it under section 83BA, 83BBA or 83BBB".

(3)In section 83BG(1)(b) of the Electricity Safety Act 1998, after "plan" insert "or the revised bushfire mitigation plan".

(4)In section 83BG(2) of the Electricity Safety Act 1998, after "plan" insert "or revised bushfire mitigation plan".

(5)In section 83BG(3) of the Electricity Safety Act 1998, after "mitigation plan" insert "or modified revised bushfire mitigation plan".

11Energy Safe Victoria may determine bushfire mitigation plan

(1)In section 83BH(2) of the Electricity Safety Act 1998—

(a)in paragraph (a), for "under section 83BA" substitute "or revised bushfire mitigation plan under section 83BA, 83BBA or 83BBB";

(b)in paragraph (b), for "plan submitted under section 83BA" substitute "plan or revised bushfire mitigation plan submitted under section 83BA, 83BBA or 83BBB".

(2)In section 83BH(5) of the Electricity Safety Act 1998, for "plan under section 83BA" substitute "plan or revised bushfire mitigation plan under section 83BA, 83BBA or 83BBB".

12Section 83BI repealed

Section 83BI of the Electricity Safety Act 1998 is repealed.

Division 2—Abolition of Committees

13Definitions—Electric Line Clearance Consultative Committee

(1)In section 3 of the Electricity Safety Act 1998, the definition of member is repealed.

(2)In section 3 of the Electricity Safety Act 1998, paragraph (b) of the definition of Committee is repealed.

14Definitions—Victorian Electrolysis Committee

In section 3 of the Electricity Safety Act 1998, the definition of Committee is repealed.

15Heading to Division 3 of Part 8 inserted

After section 86B of the Electricity Safety Act 1998 insert the following heading—

"Division 3—Publication of, and offences against, Code".

16Abolition of Electric Line Clearance Consultative Committee

Sections 87, 88 and 88A of the Electricity Safety Act 1998 are repealed.

17Procedure for Code

(1)Section 89(1) of the Electricity Safety Act 1998 is repealed.

(2)Section 89(4) of the Electricity Safety Act 1998 is repealed.

18Sections 91 and 92 repealed

Sections 91 and 92 of the Electricity Safety Act 1998 are repealed.

19New section 170 inserted

After section 169 of the Electricity Safety Act 1998 insert—

"170   Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025

(1)On the commencement of section 16 of the amending Act, the Electric Line Clearance Consultative Committee is abolished and its members go out of office.

(2)On the commencement of section 18 of the amending Act, the Victorian Electrolysis Committee is abolished and its members go out of office.

(3)In this section—

amending Act means the Energy and Land Legislation Amendment (Energy Safety) Act 2025.".

20Costs in relation to mitigation systems

(1)In section 97(1) of the Electricity Safety Act 1998, for "with the Victorian Electrolysis Committee." substitute—

"with—

(a)either—

(i)if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person; or

(ii)if no advisory committee is established, the person; and

(b)any other person Energy Safe Victoria considers appropriate.".

(2)In section 97(2) of the Electricity Safety Act 1998, for "with the Victorian Electrolysis Committee." substitute—

"with—

(a)either—

(i)if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person or body; or

(ii)if no advisory committee is established, the person or body; and

(b)any other person Energy Safe Victoria considers appropriate.".

(3)For section 97(3) of the Electricity Safety Act 1998 substitute—

"(3)If a person is required under this Act or the regulations to carry out any action in relation to a mitigation system, Energy Safe Victoria may carry out that action on behalf of that person after Energy Safe Victoria consults with—

(a)either—

(i)if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person; or

(ii)if no advisory committee is established, the person; and

(b)any other person Energy Safe Victoria considers appropriate.".

(4)For section 97(6) of the Electricity Safety Act 1998 substitute—

"(6)In this section—

action, in relation to a mitigation system, means installation, testing, modification, maintenance or replacement;

advisory committee means a committee established under section 8 of the Energy Safe Victoria Act 2005 to provide advice to Energy Safe Victoria, including advice in respect of making decisions under this section.".

Division 3—Enforcement powers

21Powers of entry—compliance

(1)Section 122(2) of the Electricity Safety Act 1998 is repealed.

(2)For section 122(7) of the Electricity Safety Act 1998 substitute—

"(7)If an authorised officer exercises a power of entry under this section, the authorised officer must—

(a)on leaving the land or premises, leave a notice setting out—

(i)the time of entry; and

(ii)the purpose of entry; and

(iii)a description of all things done while on the land or premises; and

(iv)the time of departure; and

(v)the procedure for contacting Energy Safe Victoria for further details of the entry; or

(b)email a copy of the notice as soon as practicable after exercising the power of entry—

(i)to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and

(ii)to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.".

22Emergency access

For section 124(2) of the Electricity Safety Act 1998 substitute—

"(2)If an authorised officer exercises a power of entry under this section, without the owner or occupier being present, the authorised officer must on leaving the land or premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of all things done while on the land or premises; and

(d)the time of departure; and

(e)the procedure for contacting Energy Safe Victoria for further details of the entry.

(3)If an authorised officer exercises a power of entry under this section and the owner or occupier is present, the authorised officer must—

(a)leave a notice that includes the details set out in subsection (2) on leaving the land or premises; or

(b)email a copy of that notice as soon as practicable after exercising the power of entry—

(i)to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and

(ii)to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.".

23Entry to be reported to Energy Safe Victoria

In section 128(1) of the Electricity Safety Act 1998—

(a)after "Division" insert "or section 130A";

(b)for "within 3 business days" substitute "as soon as practicable".

24Powers of entry—enforcement

In section 129(2)(b) of the Electricity Safety Act 1998, before "search warrant" insert "warrant under section 130A or a".

25New section 130A inserted

After section 130 of the Electricity Safety Act 1998 insert—

"130A   Warrant for entry of land or premises if risk to persons or property

(1)An authorised officer may apply to a magistrate for the issue of a warrant to enter any land or premises (including residential premises) if the authorised officer suspects on reasonable grounds that—

(a)there is a risk to the safety of any person arising from a situation relating to electricity; or

(b)there is a risk of significant damage to property arising from a situation relating to electricity; or

(c)a person is not complying, or has not complied, with a direction given by the Chairperson of Energy Safe Victoria under section 141 or 141A and that non‑compliance with the direction may cause—

(i)a risk to the safety of any person; or

(ii)a risk of significant damage to property.

(2)The magistrate may issue a warrant under subsection (1) if the magistrate is satisfied that—

(a)by the evidence, on oath or by affirmation—

(i)there are reasonable grounds to suspect the matters set out in subsection (1)(a) or (b) and that the entry is necessary to enable Energy Safe Victoria to use any of its powers under this Act to address the risk or to take immediate steps to make the situation safe; or

(ii)there are reasonable grounds to suspect the matters set out in subsection (1)(c); and

(b)entry is warranted in all the circumstances.

(3)A warrant issued under subsection (2) may authorise an authorised officer named in the warrant to enter the land or premises and exercise any power referred to in section 125(1) in relation to the land or premises.

(4)A warrant issued under subsection (2) must state—

(a)the purpose for which the warrant is required; and

(b)the land or premises that may be entered; and

(c)any conditions to which the warrant is subject; and

(d)whether entry is authorised to be made at any time, or during specified hours, of the day or night; and

(e)a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.".

26Announcement before entry

In section 132(1) of the Electricity Safety Act 1998, before "search warrant" insert "warrant under section 130A or a".

27Copy of warrant to be given to occupier

In section 133 of the Electricity Safety Act 1998, before "search warrant" insert "warrant under section 130A or a".

28Power of enforcement officer to require information or documents

Section 134(2) of the Electricity Safety Act 1998 is repealed.

29New section 138A inserted

After section 138 of the ElectricitySafety Act 1998 insert—

"138A   Persons assisting authorised officer

(1)An authorised officer may request the assistance of any person for the purpose of an entry to land or premises under this Part and exercising any power under this Part in relation to that entry.

(2)The occupier or person in management or control of the land or premises must not, without reasonable excuse, refuse to allow the person assisting an authorised officer access to the land or premises.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(3)The occupier or person in management or control of the land or premises must not, without reasonable excuse, obstruct or hinder the person assisting an authorised officer.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(4)If an authorised officer uses the assistance of an interpreter—

(a)an enquiry or request made by the interpreter on the authorised officer's behalf is taken to be made by the authorised officer; and

(b)an answer given to the interpreter is taken to be given to the authorised officer.".

30Definitions for the purposes of Part 11A

(1)In section 140A of the Electricity Safety Act 1998, in the definition of prescribed offence, for paragraph (a) substitute—

"(a)an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45AB(4), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 55(3), 62J(2), 67(1), 67A(1), 67B(2), 67C(2), 67D(2), 67E(1), 67F(1), 67G(1), 67H, 67I(1), 67J, 67K, 68, 76(1), 77(1), 77(2), 77(3), 78, 83BA(3), 86A(4), 108, 110, 113A(3), 113F(1), 119, 120B, 120H(4), 141AC(4) or 142(2); or".

(2)In section 140A of the Electricity Safety Act 1998, in paragraph (b) of the definition of prescribed offence, for "regulations" substitute "Act (other than a provision referred to in paragraph (a)) or the regulations".

31New Division 1B of Part 12 inserted

After Division 1A of Part 12 of the Electricity Safety Act 1998 insert—

"Division 1B—Injunctions

141FInjunctions

(1)A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a)a contravention of a provision of this Act or of the regulations or a contravention of a notice, direction, order or determination issued or made under a provision of this Act or the regulations; or

(b)attempting to contravene such a provision; or

(c)aiding, abetting, counselling or procuring a person to contravene such a provision; or

(d)inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

(e)being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f)conspiring with others to contravene such a provision.

(2)The court may grant an injunction under subsection (1) on application by—

(a)Energy Safe Victoria; or

(b)any prescribed person.

(3)An application for an injunction under subsection (1) may be made ex parte.

(4)The power of the court to grant an injunction under subsection (1) restraining a person from engaging in conduct may be exercised—

(a)whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and

(b)whether or not the person has previously engaged in conduct of that kind; and

(c)whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

(5)Without limiting subsection (1), the Supreme Court may grant an injunction under subsection (1) restraining a person from carrying on a business that involves the carrying out of a regulated activity (whether or not as part of, or incidental to, the carrying on of another business), including but not limited to the business of an electrical contractor or an electrical worker or a supplier of goods and services used in electrical work—

(a)for a specified period; or

(b)except on specified terms and conditions.

(6)Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following at the person's cost—

(a)institute a training program for the person's employees in relation to compliance with this Act and the regulations;

(b)carry out electrical work or arrange for electrical work to be carried out by a person licensed to carry out that electrical work;

(c)in accordance with the regulations (if any)—

(i)carry out testing of an electrical installation or electrical equipment and provide the results of such testing to Energy Safe Victoria or any other applicant for the injunction; or

(ii)arrange for the testing of an electrical installation or electrical equipment by a licensed person and provide the results of such testing to Energy Safe Victoria or any other applicant for the injunction.

(7)The power of the court to grant an injunction under subsection (1) requiring a person to do an act or thing may be exercised—

(a)whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b)whether or not the person has previously refused or failed to do that act or thing; and

(c)whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

(8)In this section—

regulated activity means an activity that—

(a)is regulated by this Act; or

(b)involves the carrying out of an activity by a person who is regulated by this Act.

141GConsent injunctions

If an application is made under section 141F, the court may, if it considers it appropriate to do so, grant an injunction under this section by consent of all the parties to the proceeding, whether or not the court is satisfied as required by section 141F(1).

141HInterim injunctions

If an application is made under section 141F, the court, if it considers it desirable to do so, may grant an interim injunction under this section pending the determination of the application.

141IVariation and discharge of injunctions

A court may vary or discharge—

(a)an injunction that it has granted under section 141F or 141G; or

(b)an interim injunction that it has granted under section 141H.

141JInjunction may be granted during offence proceedings

An injunction may be granted under this Division during proceedings for an offence under this Act or the regulations and may be granted instead of or in addition to any penalty imposed in those or any other proceedings.

141KUndertakings as to damages and costs

In an application for an injunction under section 141F, if the application has been made by Energy Safe Victoria and if the court has determined to grant an interim injunction, the court must not, as a condition of granting the interim injunction, require Energy Safe Victoria or any other person to give any undertaking as to damages or costs.".

32Heading to Division 3 of Part 12 inserted

Insert the following heading to Division 3 of Part 12 of the Electricity Safety Act 1998—

"Division 3—Improvement and prohibition notices".

33Enforcement officer may issue improvement notice

(1)Insert the following heading to section 143 of the Electricity Safety Act 1998—

"Chairperson of Energy Safe Victoria or authorised officer may issue improvement notice".

(2)In section 143 of the Electricity Safety Act 1998—

(a)in subsection (1)—

(i)for "An enforcement" substitute "The Chairperson of Energy Safe Victoria or an authorised";

(ii)before "the officer" insert "the Chairperson or";

(b)in subsection (1)(a), for "Division 2 or 3 of Part 10" substitute "this Act or the regulations";

(c)in subsection (3)(a), for "the enforcement" substitute "the Chairperson of Energy Safe Victoria or the authorised";

(d)in subsection (3)(a)(i), for "Division 2 or 3 of Part 10" substitute "this Act or the regulations";

(e)in subsection (3)(c), for "the electricity safety management scheme" substitute "this Act or the regulations".

34New sections 144A, 144B and 144C inserted

After section 144 of the Electricity Safety Act 1998 insert—

"144A   Issue of prohibition notice

(1)If the Chairperson of Energy Safe Victoria or an authorised officer is of the opinion that at any place there is occurring or may occur any activity which involves or will involve immediate risk to the safe supply or use of electricity, the Chairperson or authorised officer may issue a prohibition notice to a person who has or may be reasonably presumed to have control over the activity.

(2)The prohibition notice may prohibit the carrying on of the activity until the Chairperson or an authorised officer certifies in writing that the matters which give or will give rise to the risk are remedied.

(3)A prohibition notice must—

(a)state that the Chairperson or authorised officer is of the opinion that at the place there is occurring or may occur an activity which involves or will involve immediate risk to the safe supply and use of electricity; and

(b)state the reasons for that opinion; and

(c)specify the activity which in the Chairperson's or the authorised officer's opinion involves or will involve an immediate risk to the safe supply and use of electricity; and

(d)if in the Chairperson's or the authorised officer's opinion the activity involves a contravention or likely contravention of any provision of this Act or the regulations, specify that provision and state the reasons for that opinion.

144BOffence not to comply with prohibition notice

(1)A person to whom a prohibition notice is issued must comply with the prohibition notice.

Penalty:In the case of a natural person, 500 penalty units or 5 years imprisonment or both;

In the case of a body corporate, 2500 penalty units.

(2)Subsection (1) does not apply during any period that the operation of the prohibition notice is stayed by the Tribunal.

144CProceedings for offences not affected by notices

The issue, variation or cancellation of an improvement notice or a prohibition notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.".

35Notices may include directions

For section 145(1) of the Electricity Safety Act 1998 substitute—

"(1)The Chairperson of Energy Safe Victoria or an authorised officer may include in an improvement notice or a prohibition notice directions as to the measures to be taken to remedy any contravention or likely contravention, risk, matters or activities to which the notice relates.".

Division 4—Increases and amendments of penalties

36Registered number

For the penalty at the foot of section 32 of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

37Employees of registered electrical contractor

For the penalty at the foot of section 35(1) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.".

38Safety of electrical installations

(1)For the penalty at the foot of section 43(1) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

(2)For the penalty at the foot of section 43(1A) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

(3)For the penalty at the foot of section 43(3) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

39Safety of electrical installations—building work

For the penalty at the foot of section 43A(1) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

40Compliance and testing of electrical installation work

(1)For the penalty at the foot of section 44(1) of the Electricity Safety Act 1998 substitute—

"Penalty:240 penalty units.".

(2)For the penalty at the foot of section 44(2) of the Electricity Safety Act 1998 substitute—

"Penalty:60 penalty units.".

(3)For the penalty at the foot of section 44(3) of the Electricity Safety Act 1998 substitute—

"Penalty:60 penalty units.".

41Inspection of electrical installation work

(1)For the penalty at the foot of section 45(1) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.".

(2)For the penalty at the foot of section 45(2) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.".

(3)For the penalty at the foot of section 45(3) of the Electricity Safety Act 1998 substitute—

"Penalty:60 penalty units.".

(4)For the penalty at the foot of section 45(4) of the Electricity Safety Act 1998 substitute—

"Penalty:120 penalty units.".

42Certificates of electrical safety

(1)For the penalty at the foot of section 45A(1) of the Electricity Safety Act 1998 substitute—

"Penalty:60 penalty units.".

(2)For the penalty at the foot of section 45A(3) of the Electricity Safety Act 1998 substitute—

"Penalty:60 penalty units.".

43Supply of certificate forms

For the penalty at the foot of section 45B(7) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

44Offence not to comply with improvement notice

For the penalty at the foot of section 144(1) of the Electricity Safety Act 1998 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

Division 5—Other amendments

45Definitions

In section 3 of the Electricity Safety Act 1998, in the definition of practicable, for "section 83B" substitute "section 75 or 83B".

46New sections 33A and 33B inserted

After section 33 of the Electricity Safety Act 1998 insert—

"33A   Immediate suspension of registration of electrical contractor

(1)Energy Safe Victoria may, by written notice given to an electrical contractor, immediately suspend the registration of the electrical contractor if Energy Safe Victoria considers that it is in the interests of the public to do so—

(a)if Energy Safe Victoria proposes to commence an inquiry into the conduct of the electrical contractor to determine whether there is proper cause for taking disciplinary action against the electrical contractor under section 34; or

(b)during an inquiry described in paragraph (a).

(2)Without limiting subsection (1), matters that Energy Safe Victoria may have regard to in deciding whether it is in the interests of the public to suspend the registration under that subsection include—

(a)whether the electrical contractor is performing, has performed or has allowed a person under the electrical contractor's control to perform electrical work that poses—

(i)a risk to the health and safety of any person; or

(ii)a serious risk of significant damage to property; and

(b)whether the electrical contractor has been the subject of multiple adverse disciplinary actions by Energy Safe Victoria; and

(c)whether the electrical contractor has failed to comply with a condition of the electrical contractor's registration.

(3)Energy Safe Victoria may suspend a registration under subsection (1) either wholly or partially in relation to a specified matter.

(4)A notice under subsection (1) must state—

(a)the decision of Energy Safe Victoria to immediately suspend the registration of the electrical contractor; and

(b)that the suspension comes into effect on the giving of the notice; and

(c)the period of the suspension; and

(d)the reasons for the decision; and

(e)that the electrical contractor may apply to the Tribunal under Part 6 for review of the decision.

(5)Energy Safe Victoria must provide detailed reasons for the suspension to the electrical contractor in writing within 5 business days after giving the notice to the electrical contractor.

(6)A suspension under subsection (1) remains in effect for the period specified in the notice unless—

(a)the suspension is revoked by Energy Safe Victoria; or

(b)the suspension is set aside by the Tribunal on an application for review under Part 6.

33BRevocation of immediate suspension of registration

(1)Energy Safe Victoria may at any time revoke an immediate suspension of a registration under section 33A.

(2)Energy Safe Victoria must revoke an immediate suspension under section 33A if—

(a)Energy Safe Victoria is satisfied that the grounds for the immediate suspension have ceased to exist; or

(b)Energy Safe Victoria decides not to commence an inquiry into the conduct of the electrical contractor under section 34; or

(c)after an inquiry into the conduct of the electrical contractor under section 34, Energy Safe Victoria—

(i)is satisfied that no proper cause exists for taking disciplinary action against the electrical contractor; or

(ii)imposes new conditions on, or varies the conditions of, the registration under section 34(2)(b).

(3)Energy Safe Victoria must, without delay, give written notice to the registered electrical contractor of the revocation of the immediate suspension of the electrical contractor's registration under section 33A.".

47New sections 40A and 40B inserted

After section 40 of the Electricity Safety Act 1998 insert—

"40A   Immediate suspension of licence of electrical worker

(1)Energy Safe Victoria may, by written notice given to an electrical worker, immediately suspend the licence of the electrical worker if Energy Safe Victoria considers that it is in the interests of the public to do so—

(a)if Energy Safe Victoria proposes to commence an inquiry into the conduct of the electrical worker to determine whether there is proper cause for taking disciplinary action against the electrical worker under section 41; or

(b)during an inquiry described in paragraph (a).

(2)Without limiting subsection (1), matters that Energy Safe Victoria may have regard to in deciding whether it is in the interests of the public to immediately suspend the licence under that subsection include—

(a)whether the electrical worker is performing or has performed electrical work that poses—

(i)a risk to the health and safety of any person; or

(ii)a serious risk of significant damage to property; and

(b)whether the electrical worker has been the subject of multiple adverse disciplinary actions by Energy Safe Victoria; and

(c)whether the electrical worker has failed to comply with a condition of the electrical worker's licence.

(3)Energy Safe Victoria may suspend a licence under subsection (1) either wholly or partially in relation to a specified matter.

(4)A notice under subsection (1) must state—

(a)the decision of Energy Safe Victoria to immediately suspend the licence of the electrical worker; and

(b)that the suspension comes into effect on the giving of the notice; and

(c)the period of the suspension; and

(d)the reasons for the decision; and

(e)that the electrical worker may apply to the Tribunal under Part 6 for review of the decision.

(5)Energy Safe Victoria must provide detailed reasons for the suspension to the electrical worker in writing within 5 business days after giving the notice to the electrical worker.

(6)A suspension under subsection (1) remains in effect for the period specified in the notice unless—

(a)the suspension is revoked by Energy Safe Victoria; or

(b)the suspension is set aside by the Tribunal on an application for review under Part 6.

40BRevocation of immediate suspension of licence

(1)Energy Safe Victoria may at any time revoke an immediate suspension of a licence under section 40A.

(2)Energy Safe Victoria must revoke an immediate suspension under section 40A if—

(a)Energy Safe Victoria is satisfied that the grounds for the immediate suspension have ceased to exist; or

(b)Energy Safe Victoria decides not to commence an inquiry into the conduct of the electrical worker under section 41; or

(c)after an inquiry into the conduct of the electrical worker under section 41, Energy Safe Victoria—

(i)is satisfied that no proper cause exists for taking disciplinary action against the electrical worker; or

(ii)imposes new conditions on, or varies the conditions of, the licence under section 41(2)(b).

(3)Energy Safe Victoria must, without delay, give written notice to the electrical worker of the revocation of the immediate suspension of the electrical worker's licence under section 40A.".

48Application to review

(1)After section 69(2)(a)(i) of the Electricity Safety Act 1998 insert—

"(ia)to immediately suspend the registration of an electrical contractor; or".

(2)After section 69(2)(a)(iii) of the Electricity Safety Act 1998 insert—

"(iiia)to immediately suspend the licence of an electrical worker; or".

(3)In section 69(4) of the Electricity Safety Act 1998, after "improvement notice" insert "or a prohibition notice". 

(4)In section 69(5)(a) of the Electricity Safety Act 1998, after "improvement notice," insert "prohibition notice,".

49Procedure for Code

(1)Section 89(1)(b) and (c) of the Electricity Safety Act1998 are repealed.

(2)In section 89(2) of the Electricity Safety Act 1998 omit "but no such regulations shall continue in force for more than 5 years after the date of their coming into operation".

(3)Section 89(3) of the Electricity Safety Act 1998 is repealed.

(4)In section 89(5) of the Electricity Safety Act1998, for "Energy Safe Victoria" substitute "The Minister".

50Section 120F repealed

Section 120F of the Electricity Safety Act 1998 is repealed.

51New section 148B inserted

After section 148A of the Electricity Safety Act 1998 insert—

"148B   Adverse publicity orders

(1)If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an adverse publicity order) in relation to the offender requiring the offender—

(a)to take either or both of the following actions within the period specified in the order—

(i)to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii)to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b)to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2)The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.

(3)If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order.

(4)However, if—

(a)the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and

(b)despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—

Energy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions.

(5)If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria.

(6)The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.

(7)The court may make an adverse publicity order in relation to an offender in addition to or instead of—

(a)imposing a penalty on the offender; or

(b)making any other order that the court may make in relation to the offence.".

Division 6—Authorised officer amendments

52New section 171 inserted

After section 170 of the Electricity Safety Act 1998 insert—

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

(1)On and after the commencement day, a person appointed as an enforcement officer under section 121 of this Act is taken to be appointed as an authorised officer under that section and a reference to an enforcement officer appointed under this Act in any Act, subordinate instrument, agreement or document is taken to be a reference to an authorised officer appointed under this Act.

(2)In this section—

commencement day means the day on which section 52 of the Energy and Land Legislation Amendment (Energy Safety) Act 2025 comes into operation.".

53Authorised officer amendments—Schedule 1

On the commencement of an item, or a provision of an item, in Schedule 1, the Electricity Safety Act 1998 is amended as set out in that item or provision.

PART 3—AMENDMENT OF THE GAS SAFETY ACT 1997

Division 1—Enforcement and related powers

54Powers of entry—safety cases and gas incidents

(1)Insert the following heading to section 87 of the Gas Safety Act 1997—

"Powers of entry—compliance".

(2)Section 87(1A) of the Gas Safety Act 1997 is repealed.

(3)In section 87(2A) of the Gas Safety Act 1997 omit "or (d)".

(4)For section 87(6) of the Gas Safety Act 1997 substitute—

"(6)If an authorised officer exercises a power of entry under this section, the authorised officer must—

(a)on leaving the land or premises, leave a notice setting out—

(i)the time of entry; and

(ii)the purpose of entry; and

(iii)a description of all things done while on the land or premises; and

(iv)the time of departure; and

(v)the procedure for contacting Energy Safe Victoria for further details of the entry; or

(b)email a copy of the notice as soon as practicable after exercising the power of entry—

(i)to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and

(ii)to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.".

55Emergency access

For section 89(2) of the Gas Safety Act 1997 substitute—

"(2)If an authorised officer exercises a power of entry under this section, without the owner or occupier being present, the authorised officer must on leaving the land or premises, leave a notice setting out—

(a)the time of entry; and

(b)the purpose of entry; and

(c)a description of all things done while on the land or premises; and

(d)the time of departure; and

(e)the procedure for contacting Energy Safe Victoria for further details of the entry.

(3)If an authorised officer exercises a power of entry under this section and the owner or occupier is present, the authorised officer must—

(a)leave a notice that includes the details set out in subsection (2) on leaving the land or premises; or

(b)email a copy of that notice as soon as practicable after exercising the power of entry—

(i)to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and

(ii)to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.".

56Entry to be reported to Energy Safe Victoria

In section 93(1) of the Gas Safety Act 1997—

(a)after "Division" insert "or section 95A";

(b)for "within 3 business days" substitute "as soon as practicable".

57New section 95A inserted

After section 95 of the Gas Safety Act 1997 insert—

"95A   Warrant for entry of land or premises if risk to persons or property

(1)An authorised officer may apply to a magistrate for the issue of a warrant to enter any land or premises (including residential premises) if the authorised officer suspects on reasonable grounds that—

(a)there is a risk to the safety of any person arising from a situation relating to gas; or

(b)there is a risk of significant damage to property arising from a situation relating to gas; or

(c)a person is not complying, or has not complied, with a direction of the Chairperson under section 106 or 107, and that non‑compliance with the direction may cause—

(i)a risk to the safety of any person; or

(ii)a risk of significant damage to property.

(2)The magistrate may issue a warrant under subsection (1) if the magistrate is satisfied that—

(a)by the evidence, on oath or by affirmation—

(i)there are reasonable grounds to suspect the matters set out in subsection (1)(a) or (b) and that entry is necessary to enable Energy Safe Victoria to use any of its powers under this Act to address the risk or to take immediate steps to make the situation safe; or

(ii)there are reasonable grounds to suspect the matters set out in subsection (1)(c); and

(b)entry is warranted in all the circumstances.

(3)A warrant issued under subsection (2) may authorise an authorised officer named in the warrant to enter the land or premises and exercise any power referred to in section 90(1) in relation to the land or premises.

(4)A warrant issued under subsection (2) must state—

(a)the purpose for which the warrant is required; and

(b)the land or premises that may be entered; and

(c)any conditions to which the warrant is subject; and

(d)whether entry is authorised to be made at any time, or during specified hours, of the day or night; and

(e)a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.".

58Announcement before entry

In section 97(1) of the Gas Safety Act 1997, before "search warrant" insert "warrant under section 95A or a".

59Copy of warrant to be given to occupier

In section 98 of the Gas Safety Act 1997, before "search warrant" insert "warrant under section 95A or a".

60Power of inspector to require information or documents

Section 99(1A) of the Gas Safety Act 1997 is repealed.

61New section 103A inserted

After section 103 of the Gas Safety Act 1997 insert—

"103A   Persons assisting authorised officer

(1)An authorised officer may request the assistance of any person for the purpose of an entry to land or premises under this Part and exercising any power under this Part in relation to that entry.

(2)The occupier or person in management or control of the land or premises must not, without reasonable excuse, refuse to allow the person assisting an authorised officer access to the land or premises.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(3)The occupier or person in management or control of the land or premises must not, without reasonable excuse, obstruct or hinder the person assisting an authorised officer.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(4)If an authorised officer uses the assistance of an interpreter—

(a)an enquiry or request made by the interpreter on the authorised officer's behalf is taken to be made by the authorised officer; and

(b)an answer given to the interpreter is taken to be given to the authorised officer.".

62New Division 1B of Part 6 inserted

After Division 1A of Part 6 of the Gas Safety Act 1997 insert—

"Division 1B—Injunctions

109DAInjunctions

(1)A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a)a contravention of a provision of this Act or of the regulations or a contravention of a notice, direction, order or determination issued or made under a provision of this Act or the regulations; or

(b)attempting to contravene such a provision; or

(c)aiding, abetting, counselling or procuring a person to contravene such a provision; or

(d)inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

(e)being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f)conspiring with others to contravene such a provision.

(2)The court may grant an injunction under subsection (1) on application by—

(a)Energy Safe Victoria; or

(b)any prescribed person.

(3)An application for an injunction under subsection (1) may be made ex parte.

(4)The power of the court to grant an injunction under subsection (1) restraining a person from engaging in conduct may be exercised—

(a)whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and

(b)whether or not the person has previously engaged in conduct of that kind; and

(c)whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

(5)Without limiting subsection (1), the Supreme Court may grant an injunction restraining a person from carrying on a business that involves the carrying out of any regulated activity, (whether or not as part of, or incidental to, the carrying on of another business) including but not limited to carrying on the business of a gas company, a manufacturer of gas appliances or gas installations or an operator of a gas installation or proposed installation—

(a)for a specified period; or

(b)except on specified terms and conditions.

(6)Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following at the person's cost—

(a)institute a training program for the person's employees in relation to compliance with this Act and the regulations;

(b)carry out gas work or arrange for gas work to be carried out by a licensed plumber or a registered plumber;

(c)in accordance with the regulations (if any)—

(i)carry out testing of a gas installation or gas equipment and provide the results of such testing to Energy Safe Victoria or any other applicant for the injunction; or

(ii)arrange for the testing of a gas installation or gas equipment by a licensed plumber, a registered plumber or a person or body approved by Energy Safe Victoria and provide the results of the testing to Energy Safe Victoria or any other applicant for the injunction.

(7)The power of the court to grant an injunction under subsection (1) requiring a person to do an act or thing may be exercised—

(a)whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b)whether or not the person has previously refused or failed to do that act or thing; and

(c)whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

(8)In this section—

licensed plumber, in relation to an injunction, means a licensed plumber within the meaning of section 221B of the Building Act 1993 who is licensed to carry out the class or type of work required to be carried out under the injunction;

registered plumber, in relation to an injunction, means a registered plumber within the meaning of section 221B of the Building Act 1993 who is registered to carry out the class or type of work required to be carried out under the injunction;

regulated activity means an activity that—

(a)is regulated by this Act; or

(b)involves the carrying out of an activity by a person who is regulated by this Act.

109DBConsent injunctions

If an application is made under section 109DA, the court may, if it considers it appropriate to do so, grant an injunction under this section by consent of all the parties to the proceeding, whether or not the court is satisfied as required by section 109DA(1).

109DCInterim injunctions

If an application is made under section 109DA, the court, if it considers it desirable to do so, may grant an interim injunction under this section pending the determination of the application.

109DDVariation and discharge of injunctions

A court may vary or discharge—

(a)an injunction that it has granted under section 109DA or 109DB; or

(b)an interim injunction that it has granted under section 109DC.

109DEInjunction may be granted during offence proceedings

An injunction may be granted under this Division during proceedings for an offence under this Act or the regulations and may be granted instead of or in addition to any penalty imposed in those or any other proceedings.

109DFUndertakings as to damages and costs

In an application for an injunction under section 109DA, if the application has been made by Energy Safe Victoria and if the court has determined to grant an interim injunction, the court must not, as a condition of granting the interim injunction, require Energy Safe Victoria or any other person to give any undertaking as to damages or costs.".

63Definitions for the purposes of Part 6A

In section 117AB of the Gas Safety Act 1997, for the definition of prescribed offence substitute—

"prescribed offence means—

(a)an offence against section 71(1) or (3), 71B, 72(1) or (2), 79B or 79C(1); or

(b)an offence against a provision of this Act (other than a provision referred to in paragraph (a)) or a provision of the regulations that is prescribed.".

64Section 117AE substituted

For section 117AE of the Gas Safety Act 1997 substitute—

"117AE   Infringement penalties

The infringement penalty for an offence against a provision of this Act or the regulations that is prescribed for the purpose of this Part is one‑tenth of the maximum monetary penalty fixed by that provision unless a different penalty is otherwise prescribed.".

Division 2—Increases and amendments of penalties

65Offence to carry out upstream gas work without approval or authorisation

For the penalty at the foot of section 66 of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

66Offence to install certain Type A appliances

(1)For the penalty at the foot of section 70(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 200 penalty units;

In the case of a body corporate, 1000 penalty units.".

(2)For the penalty at the foot of section 70(3) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 200 penalty units;

In the case of a body corporate, 1000 penalty units.".

67Offence to sell unsafe appliances

For the penalty at the foot of section 71A(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

68False labelling in relation to Type A appliances

For the penalty at the foot of section 71B of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

69Unsafe modifications to Type A appliances

For the penalty at the foot of section 71C(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

70Compliance with prescribed standards and requirements for work on gas installation

For the penalty at the foot of section 72(6) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

71Acceptance of gas installation

For the penalty at the foot of section 73(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

72Offence to use Type B appliance

For the penalty at the foot of section 74 of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 100 penalty units;

In the case of a body corporate, 500 penalty units.".

73Offence to supply or sell certain appliances without giving required information

For the penalty at the foot of section 75 of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.".

74Offence to disobey prohibition

(1)For the penalty at the foot of section 77(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

(2)For the penalty at the foot of section 77(2) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

75Supply or sale of certain types of liquefied petroleum gas

For the penalty at the foot of section 79A(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 200 penalty units;

In the case of a body corporate, 1000 penalty units.".

76Interference with pipeline, gas installation or meter assembly

For the penalty at the foot of section 79D(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.".

77Safety of gas installations

For the penalty at the foot of section 79DA(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

78Proclaimed gas equipment not to be supplied unless registered and labelled

For the penalty at the foot of section 79F of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 200 penalty units;

In the case of a body corporate, 1000 penalty units.".

79Offence not to comply with improvement notice

For the penalty at the foot of section 111(1) of the Gas Safety Act 1997 substitute—

"Penalty:In the case of a natural person, 240 penalty units;

In the case of a body corporate, 1200 penalty units.".

Division 3—Other amendments

80New Division 4 of Part 6 inserted

After Division 3 of Part 6 of the Gas Safety Act 1997 insert—

"Division 4—Adverse publicity orders

117AABAdverse publicity orders

(1)If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an adverse publicity order) in relation to the offender requiring the offender—

(a)to take either or both of the following actions within the period specified in the order—

(i)to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii)to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b)to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2)The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.

(3)If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order.

(4)However, if—

(a)the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and

(b)despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—

Energy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions.

(5)If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria.

(6)The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.

(7)The court may make an adverse publicity order in relation to an offender in addition to or instead of—

(a)imposing a penalty on the offender; or

(b)making any other order that the court may make in relation to the offence.".

Division 4—Authorised officer amendments

81New section 130 inserted

After section 129 of the Gas Safety Act 1997 insert—

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

(1)On and after the commencement day, a person appointed as an inspector under section 86 of this Act is taken to be appointed as an authorised officer under that section and a reference to an inspector appointed under this Act in any Act, subordinate instrument, agreement or document is taken to be a reference to an authorised officer appointed under this Act.

(2)In this section—

commencement day means the day on which section 81 of the Energy and Land Legislation Amendment (Energy Safety) Act 2025 comes into operation.".

82Authorised officer amendments—Schedule 2

On the commencement of an item, or a provision of an item, in Schedule 2, the Gas Safety Act 1997 is amended as set out in that item or provision.

PART 4—AMENDMENT OF THE PIPELINES ACT 2005

83Offence‑related searches and seizures

In section 162(2) of the Pipelines Act 2005, before "search warrant" insert "warrant under section 163A or a".

84New section 163A inserted

After section 163 of the Pipelines Act 2005 insert—

"163A   Warrant for entry of land or premises if risk to persons or property

(1)An inspector may apply to a magistrate for the issue of a warrant authorising the inspector to enter any land or premises (including residential premises) if the inspector suspects on reasonable grounds that—

(a)there is a risk to the health or safety of any person arising from a pipeline operation; or

(b)there is a risk of significant damage to property arising from a pipeline operation; or

(c)a person is not complying, or has not complied, with a direction of the Minister under section 155 and that non‑compliance with the direction may cause—

(i)a risk to the health or safety of any person; or

(ii)a risk of significant damage to property.

(2)The magistrate may issue a warrant under subsection (1) if the magistrate is satisfied that—

(a)by the evidence, on oath or by affirmation—

(i)there are reasonable grounds to suspect the matters set out in subsection (1)(a) or (b) and that the entry is necessary to enable Energy Safe Victoria to use any of its powers under this Act to address the risk or to take immediate steps to make the situation safe; or

(ii)there are reasonable grounds to suspect the matters set out in subsection (1)(c); and

(b)entry is warranted in all the circumstances.

(3)A warrant issued under subsection (2) may authorise an inspector named in the warrant to enter the land or premises and exercise any power referred to in section 160(1) or (2) in relation to the land or premises.

(4)A warrant issued under subsection (2) must state—

(a)the purpose for which the warrant is required; and

(b)the land or premises that may be entered; and

(c)any conditions to which the warrant is subject; and

(d)whether entry is authorised to be made at any time, or during specified hours, of the day or night; and

(e)a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.".

85Announcement before entry

(1)In section 165(1) of the Pipelines Act 2005, before "search warrant" insert "warrant under section 163A or a".

(2)In section 165(1) and (2) of the Pipelines Act 2005, after "premises" (wherever occurring) insert "or land".

(3)In section 165(2)(b) of the Pipelines Act 2005, before "search warrant" insert "warrant under section 163A or the".

86Copy of warrant to be given to occupier

In section 166 of the Pipelines Act 2005—

(a)before "premises" insert "land or";

(b)before "search warrant" insert "warrant under section 163A or a".

87Receipt must be given for anything seized

In section 167(2) of the Pipelines Act 2005, after "premises" insert "or land".

88Use of equipment to examine or process things

In section 169 of the Pipelines Act 2005, after "premises" (wherever occurring) insert "or land".

89Use or seizure of electronic equipment at premises

(1)In the heading to section 170 of the Pipelines Act 2005, after "premises" insert "or land".

(2)In section 170 of the Pipelines Act 2005, after "premises" (wherever occurring) insert "or land".

90Compensation for damage

In section 172(3) of the Pipelines Act 2005, after "premises" insert "or land".

91New Division 5 of Part 11 inserted

After Division 4 of Part 11 of the Pipelines Act 2005 insert—

"Division 5—Adverse publicity orders

183BAdverse publicity orders

(1)If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an adverse publicity order) in relation to the offender requiring the offender—

(a)to take either or both of the following actions within the period specified in the order—

(i)to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii)to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b)to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2)The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.

(3)If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order.

(4)However, if—

(a)the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and

(b)despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—

Energy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions.

(5)If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria.

(6)The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.

(7)The court may make an adverse publicity order in relation to an offender in addition to or instead of—

(a)imposing a penalty on the offender; or

(b)making any other order that the court may make in relation to the offence.".

PART 5—AMENDMENT OF THE ENERGY SAFE VICTORIA ACT 2005

92Corporate plan

(1)In section 19(1) of the Energy Safe Victoria Act 2005, for "each year" substitute "every 3 years".

(2)For section 19(2) of the Energy Safe Victoria Act 2005 substitute—

"(2)Energy Safe Victoria must submit a copy of the proposed plan to the Minister and the Treasurer—

(a)on or before 31 May in 2025 or any other day in 2025 specified by the Minister after consulting with Energy Safe Victoria; and

(b)on or before—

(i)31 May in the year during which the 3‑year period after the lodging of the most recent corporate plan expires; or

(ii)any other day specified by the Minister after consulting with Energy Safe Victoria in the year in which the period described in subparagraph (i) expires.".

(3)In section 19(3)(c) of the Energy Safe Victoria Act 2005, for "requires." substitute "requires;".

(4)After section 19(3)(c) of the Energy Safe Victoria Act 2005 insert—

"(d)any additional information required by the Minister.".

(5)In section 19(5)(c) of the Energy Safe Victoria Act 2005, for "2 months" substitute "3 months".

93Statement of corporate intent: contents

In section 20 of the Energy Safe Victoria Act 2005, for "financial year to which it relates and each of the 2 following financial years" substitute "financial years to which it relates".

94New section 21A inserted

After section 21 of the Energy Safe Victoria Act 2005 insert—

"21A   Annual updates to corporate plans

(1)Energy Safe Victoria must give an annual update on the corporate plan to the Minister and the Treasurer on or before 31 May of—

(a)the year during which the 12‑month period beginning on the day on which a copy of that proposed plan is first submitted under section 19(2) expires; and

(b)the year during which the 24‑month period beginning on the day that proposed plan is first submitted expires.

(2)The annual update must include—

(a)any revised financial statements containing information that the Minister requires; and

(b)any other information that the Minister requires.

(3)An annual update, or any part of an annual update, must not be published or made available except for the purposes of this Division without the prior approval of Energy Safe Victoria and the Minister.

(4)The Minister may, at any time, by written notice to Energy Safe Victoria, direct Energy Safe Victoria to include in, or omit from, an annual update any specified material.

(5)Energy Safe Victoria may, with the agreement of the Minister, at any time modify an annual update.".

95New Part 7 inserted

After Part 6 of the Energy Safe Victoria Act 2005 insert—

"PART 7—TRANSITIONAL PROVISIONS—ENERGY AND LAND LEGISLATION AMENDMENT (ENERGY SAFETY) ACT 2025

51Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025

(1)This section applies if Part 5 of the amending Act does not come into operation on or before 31 May 2025.

(2)On and from the commencement day, the corporate plan submitted most recently before the commencement day is taken to be the corporate plan submitted for the purposes of section 19(2)(a).

(3)In this section—

amending Act means the Energy and Land Legislation Amendment (Energy Safety) Act 2025;

commencement day means the day on which Part 5 of the amending Act comes into operation.".

PART 6—AMENDMENT OF OTHER ACTS

96Authorised officer amendments—Schedule 3

An Act specified in the heading to an item in Schedule 3 is amended, on the commencement of that item, or a provision of that item, as set out in the item or provision.

PART 7—AMENDMENT OF LAND ACT 1958

97New section 134B inserted

After section 134A of the Land Act 1958 insert—

"134B Minister may enter agreement to lease and lease in spite of certain Environment Effects Act 1978 requirements

Nothing in section 8C(1)(b) of the Environment Effects Act 1978 prevents the Minister from—

(a)entering into an agreement to lease under section 134(1A) relating to works to which the Environment Effects Act 1978 applies; or

(b)granting a lease under section 134(1) pursuant to an agreement to lease referred to in paragraph (a).".

PART 7A—AMENDMENT OF ELECTRICITY INDUSTRY ACT 2000

97ASection 40FBA substituted

For section 40FBA of the Electricity Industry Act 2000 substitute—

"40FBA   Rates for purchases of small renewable energy generation electricity

For the purposes of section 40FB(2)(a), in each financial year the amount to be credited against the charges payable to a relevant licensee by a customer who is a relevant generator is the amount determined at the rate or rates published as part of the general renewable energy feed-in terms and conditions under section 40G.".

97BSection 40FBB repealed

Section 40FBB of the Electricity Industry Act 2000 is repealed.

97CRetailer licence condition relating to purchase of small renewable energy generation electricity

(1)For section 40G(1)(a) of the Electricity Industry Act 2000 substitute—

"(a)to publish general renewable energy feed-in terms and conditions including, but not limited to, a rate or rates for the purposes of section 40FBA; and".

(2)After section 40G(1) of the Electricity Industry Act 2000 insert—

"(1A)A rate included in the general renewable energy feed-in terms and conditions for the purposes of section 40FBA must not be less than $0.00 per kilowatt-hour.".

97DNew section 124 inserted

After section 123 of the Electricity Industry Act 2000 insert—

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

(1)Despite the amendments made to this Act by Part 7A of the amending Act, the rate or rates applying for the 2024 financial year under section 40FBA (as in force immediately before the commencement of section 97A of the amending Act) for the purposes of section 40FB(2)(a) are taken to continue to apply until 30 June 2025 for the purposes of section 40FB(2)(a).

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

(3)In this section—

amending Act means the Energy and Land Legislation Amendment (Energy Safety) Act 2025.".

PART 8—REPEAL OF THIS ACT

98Repeal of this Act

This Act is repealed on 1 April 2027.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

SCHEDULE 1—CONSEQUENTIAL AMENDMENTS TO ELECTRICITY SAFETY ACT 1998

Section 53

1In section 3—

(a)insert the following definition—

"authorised officer means a person appointed as an authorised officer under Part 11;";

(b)the definition of enforcement officer is repealed.

2In the heading to section 45AB, for "Enforcement" substitute "Authorised".

3In section 45AB(1), (2), (3)(b), (4)(a) and (5), for "enforcement" (wherever occurring) substitute "authorised".

4In section 45AB(6), for "he or she need not comply with the notice until he or she" substitute "the person need not comply with the notice until the person".

5In section 45AB(8) and (10), for "enforcement" substitute "authorised".

6Insert the following heading to Part 11—

"PART 11—AUTHORISED OFFICERS AND POWERS".

7Insert the following heading to Division 1 of Part 11—

"Division 1—Appointment of authorised officers".

8Insert the following heading to section 121—

"Authorised officers".

9In section 121(1), (2), (3)(b), (4) and (5), for "enforcement" (wherever occurring) substitute "authorised".

10In section 122(1), (3), (4) and (5), for "enforcement" (wherever occurring) substitute "authorised".

11In section 122(6), for "enforcement officer may not exercise any powers under this section if the enforcement officer fails to produce, on request, his or her" substitute "authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, the authorised officer's".

12In section 123(1), for "his or her" substitute "the occupier's".

13In section 124(1), for "enforcement" (wherever occurring) substitute "authorised".

14In section 125(1) and (2), for "enforcement" (wherever occurring) substitute "authorised".

15In section 126(1) and (2), for "enforcement" (wherever occurring) substitute "authorised".

16In section 127(1) and (3), for "enforcement" (wherever occurring) substitute "authorised".

17In section 128(1) and (2)(a), for "enforcement" (wherever occurring) substitute "authorised".

18In section 129(1) and (2), for "enforcement" (wherever occurring) substitute "authorised".

19In section 129(3), for "his or her residence under this section, the enforcement" substitute "the occupier's residence under this section, the authorised".

20In section 129(4)—

(a)for "enforcement" substitute "authorised";

(b)for "he or she" substitute "the occupier".

21In section 129(5), for "enforcement" substitute "authorised".

22In section 131(1) and (3), for "enforcement" (wherever occurring) substitute "authorised".

23In section 132(1)—

(a)for "enforcement" (wherever occurring) substitute "authorised";

(b)for "he or she" substitute "the authorised officer or person assisting the authorised officer".

24In section 132(2), for "enforcement officer or a person assisting the enforcement officer need not comply with subsection (1) if he or she" substitute "authorised officer or a person assisting the authorised officer need not comply with subsection (1) if the authorised officer or person assisting the authorised officer".

25In section 133—

(a)for "enforcement" substitute "authorised";

(b)for "himself or herself to that person by producing his or her" substitute "themselves to that person by producing their".

26Insert the following heading to section 134—

"Power of authorised officer to require information or documents".

27In section 134(1) and (3), for "enforcement" (wherever occurring) substitute "authorised".

28Insert the following heading to section 135—

"Offence to give false information to authorised officer".

29In section 135(a) and (b), for "enforcement" substitute "authorised".

30In section 136, for "enforcement" (wherever occurring) substitute "authorised".

31Insert the following heading to section 138—

"Offence to obstruct authorised officer".

32In section 138, for "enforcement" substitute "authorised".

33Insert the following heading to section 139—

"Police to assist authorised officers".

34In section 139(1), for "enforcement" (wherever occurring) substitute "authorised".

35Insert the following heading to section 140—

"Impersonation of authorised officer".

36In section 140, for "enforcement" substitute "authorised".

37In section 140B(1), for "enforcement officer may serve an infringement notice on any person that he or she" substitute "authorised officer may serve an infringement notice on any person that the authorised officer".

38In section 142A(1), for "enforcement" substitute "authorised".

SCHEDULE 2—CONSEQUENTIAL AMENDMENTS TO GAS SAFETY ACT 1997

Section 82

1In section 3(1)—

(a)insert the following definition—

"authorised officer means a person appointed as an authorised officer under Part 5;";

(b)the definition of inspector is repealed.

2In section 36A(1), for "inspector" substitute "authorised officer".

3Insert the following heading to Division 1 of Part 5—

"Division 1—Appointment of authorised officers".

4Insert the following heading to section 86—

"Authorised officers".

5In section 86(1), (2), (3)(b), (4) and (5), for "inspector" (wherever occurring) substitute "authorised officer".

6In section 87(1), (2), (2A), (3) and (4), for "inspector" (wherever occurring) substitute "authorised officer".

7In section 87(5), for "inspector may not exercise any powers under this section if the inspector fails to produce, on request, his or her" substitute "authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, the authorised officer's".

8In section 88(1), for "his or her" substitute "the occupier's".

9In section 89(1), for "inspector" substitute "authorised officer".

10In section 90(1) and (2), for "inspector" (wherever occurring) substitute "authorised officer".

11In section 91(1) and (2), for "inspector" (wherever occurring) substitute "authorised officer".

12In section 92(1), for "inspector" substitute "authorised officer".

13In section 93(1) and (2)(a), for "inspector" (wherever occurring) substitute "authorised officer".

14In section 94(1) and (2), for "inspector" (wherever occurring) substitute "authorised officer".

15In section 94(3), for "his or her residence under this section, the inspector" substitute "the occupier's residence under this section, the authorised officer".

16In section 94(4)—

(a)for "inspector" substitute "authorised officer";

(b)for "he or she" substitute "the occupier".

17In section 94(5), for "inspector" substitute "authorised officer".

18In section 96(1) and (3), for "inspector" (wherever occurring) substitute "authorised officer".

19In section 97(1)—

(a)for "inspector" (wherever occurring) substitute "authorised officer";

(b)for "he or she" substitute "the authorised officer or person assisting the authorised officer".

20In section 97(2), for "inspector or a person assisting the inspector need not comply with subsection (1) if he or she" substitute "authorised officer or a person assisting the authorised officer need not comply with subsection (1) if the authorised officer or person assisting the authorised officer".

21In section 98—

(a)for "inspector" substitute "authorised officer";

(b)for "himself or herself to that person by producing his or her" substitute "themselves to that person by producing their".

22Insert the following heading to section 99—

"Power of authorised officer to require information or documents".

23In section 99(1) and (2), for "inspector" (wherever occurring) substitute "authorised officer".

24Insert the following heading to section 100—

"Offence to give false information to authorised officer".

25In section 100(a) and (b), for "inspector" substitute "authorised officer".

26In section 101, for "inspector" (wherever occurring) substitute "authorised officer".

27Insert the following heading to section 103—

"Offence to obstruct authorised officer".

28In section 103, for "inspector" substitute "authorised officer".

29Insert the following heading to section 104—

"Police to assist authorised officers".

30In section 104(1), for "inspector" (wherever occurring) substitute "authorised officer".

31Insert the following heading to section 105—

"Impersonation of authorised officer".

32In section 105, for "inspector" substitute "authorised officer".

33In section 110(1) and (3)(a), for "inspector" (wherever occurring) substitute "authorised officer".

34In section 112(1), (2) and (3)(a), for "inspector" (wherever occurring) substitute "authorised officer".

35In section 112(3)(c) and (d), for "inspector's" substitute "authorised officer's".

36In section 114(1), for "inspector" substitute "authorised officer".

37In section 117AB, for "inspector" substitute "authorised officer".

38In section 117AC(1), for "inspector may serve an infringement notice on any person that he or she" substitute "authorised officer may serve an infringement notice on any person that the authorised offer".

39In section 118(1)(s), for "inspector" substitute "authorised officer".

SCHEDULE 3—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

Section 96

1Building Act 1993

1.1In section 3(1), in the definition of Energy Safe inspector, for "an inspector" substitute "an authorised officer".

2Criminal Procedure Act 2009

2.1In item 22A of Schedule 3, for "enforcement" substitute "authorised".

2.2In item 22B of Schedule 3, for "inspector" substitute "authorised officer".

3Electricity Industry Act 2000

3.1In section 3, in the definition of enforcement officer, for "an enforcement" substitute "an authorised".

4Gas Industry Act 2001

4.1In section 3, in the definition of inspector, for "an inspector" substitute "an authorised officer".

5Pipelines Act 2005

5.1In section 157(1), for "inspector" substitute "authorised officer".

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up‑to‑date legislative information.

Minister's second reading speech—

Legislative Assembly: 5 February 2025

Legislative Council: 20 February 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Safety Act 1998, the Gas Safety Act 1997, the Pipelines Act 2005, the Energy Safe Victoria Act 2005, the Land Act 1958 and the Electricity Industry Act 2000 and for other purposes."