Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023 (Vic)
Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023
No. 12 of 2023
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Electricity Industry Act 2000
3New Part 6AB inserted
4Consequential amendments on insertion of new Part 6AB—references to Energy Safe Victoria
5Statute law revision
Part 3—Amendment of Victorian Energy Efficiency Target Act 2007
6Timing of application for renewal
7Application to vary conditions of accreditation
8Application for VEET scheme registry account
9Approval of application
10Application for renewal of accreditation during accreditation transition period
Part 4—Amendment of Essential Services Commission Act 2001
11Commission's functions in relation to energy efficiency
12Contraventions of this Act and relevant legislation by bodies corporate
13Conduct by officers, employees or agents
Part 5—Repeal of this Act
14Repeal of this Act
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Endnotes
1 General information
Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023
No. 12 of 2023
[Assented to 6 June 2023]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Electricity Industry Act 2000 to empower the Department Head of the Department of Energy, Environment and Climate Action to give directions to distribution companies to mitigate the effects on their customers of disruptions to the distribution or supply of electricity that are Class 2 emergencies under the Emergency Management Act 2013; and
(b)to amend the Victorian Energy Efficiency Target Act 2007 in relation to the payment of fees; and
(c)to amend the Essential Services Commission Act 2001 in relation to the amendments being made to that Act by the Victorian Energy Efficiency Target Amendment Act 2022 for the enforcement of the Victorian Energy Efficiency Target Act 2007 by the Essential Services Commission.
2Commencement
(1)This Act, other than Part 3, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Part 3 comes into operation on 1 November 2023.
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT 2000
3New Part 6AB inserted
After Part 6A of the Electricity Industry Act 2000 insert—
"PART 6AB—ELECTRICITY OUTAGE EMERGENCY DIRECTIONS
109DDefinitions
In this Part—
affected customer supply information means information relating to the supply of electricity at the premises of an affected customer, including—
(a)the address of the premises at which an affected customer is supplied electricity; and
(b)information as to whether electricity is being supplied to the meter at the premises of an affected customer; and
(c)information as to whether an affected customer is a life support customer;
affected customer means a deemed customer of a distribution company that is or has been affected by a disruption to the distribution or supply of electricity to them by an electricity outage emergency;
Class 2 emergency has the same meaning as in the Emergency Management Act 2013;
deemed customer, of a distribution company, means a retail customer who is deemed to have entered into a contract with the distribution company under section 40A;
Department means Department of Energy, Environment and Climate Action;
Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;
electricity outage emergency means a Class 2 emergency that is due to a disruption to the distribution or supply of electricity in the State or part of the State;
emergency direction means a written direction given under section 109E;
life support customer has the same meaning as in Division 5C of Part 2;
retail customer has the meaning given by section 40A(11).
109EPower to give emergency direction
(1)Subject to this Part, the Department Head may give a written direction to a distribution company to do a thing specified in the direction if the Department Head—
(a)is satisfied that an electricity outage emergency—
(i)is occurring; or
(ii)has occurred within 2 months before the date the Department Head proposes to give the direction; and
(b)is of the opinion that giving the direction under this section to the distribution company is reasonably necessary to mitigate against the significant adverse impact of the electricity outage emergency on affected customers of the distribution company.
(2)Without limiting subsection (1), the kinds of things that the Department Head may specify in the direction to be done by the distribution company include—
(a)the giving of specified information to the Department Head, including—
(i)the location where the distribution or supply of electricity to deemed customers of the distribution company has been disrupted; and
(ii)the estimated time within which the distribution or supply of electricity to affected customers is likely to be restored; and
(iii)details as to the severity of the disruption to the distribution or supply of electricity to affected customers; and
(iv)affected customer supply information; and
(v)any information that is prescribed; and
(b)assisting, in specified ways, with the processing of applications by affected customers for payments, and the making of payments to affected customers, under specified payment schemes administered by the State which affected customers may access in or following an electricity outage emergency; and
(c)providing specified relevant customer information for the administration of a payment scheme referred to in paragraph (b); and
(d)providing, electronically and in hard copy, specified information about emergency relief programs and schemes that are available to affected customers (including a payment scheme referred to in paragraph (b) or relief programs or schemes administered by the Commonwealth or other entities); and
(e)providing specified logistical support and assistance to providers of specified emergency relief programs and schemes being accessed or that may be accessed by affected customers; and
(f)requiring specified persons (being officers, employees or agents of the distribution company) to attend specified places to provide specified information to affected customers, including information about—
(i)the restoration of the distribution or supply of electricity to premises of affected customers by the distribution company; and
(ii)the safety of affected customers; and
(iii)emergency relief programs and schemes administered by the State or the Commonwealth or other entities that are available to be accessed by affected customers in or following an electricity outage emergency; and
(g)any other thing that is prescribed.
(3)In this section—
relevant customer information includes—
(a)names of affected customers and addresses of the premises of affected customers to which the distribution or supply of electricity has been disrupted; and
(b)the number of occupants of premises referred to in paragraph (a); and
(c)information as to whether electricity is being supplied to the meter at the premises of affected customers; and
(d)any other information relating to affected customers held by the distribution company that is prescribed.
109FMatters to be considered and things to be done before the giving of emergency direction
(1)Before giving an emergency direction, the Department Head must—
(a)consider whether the distribution company to be given the direction has the capacity and resources to do the things proposed to be specified in the emergency direction; and
(b)consider alternatives (if any) to the things proposed to be specified in the direction and the feasibility of those alternatives.
(2)In addition, before giving an emergency direction, the Department Head may consult any person that the Department Head considers appropriate to consult. The persons the Department Head may consult include—
(a)AEMO;
(b)Energy Safe Victoria;
(c)retailers, generation companies, transmission companies and distribution companies.
109GPeriod of effect of emergency direction
(1)An emergency direction takes effect on—
(a)the date specified in the direction; or
(b)if a date is not specified, on the day it is given to the distribution company.
(2)Unless sooner revoked or extended under section 109H, an emergency direction ceases effect 14 days after it takes effect.
109HExtension of effect of emergency direction
(1)Subject to this section, before an emergency direction ceases effect, the Department Head may, by written notice given to the distribution company that is subject to the direction, extend the direction's effect for a period not exceeding 14 days.
(2)The period of effect of an emergency direction may be extended under subsection (1) more than once.
(3)However, an emergency direction cannot be extended so that the total period of days that the direction is in effect exceeds 60 days.
109ICompliance with emergency direction
(1)A distribution company given a direction under this Part must comply with the direction.
(2)Subsection (1) is a civil penalty requirement for the purposes of the Essential Services Commission Act 2001.
109JDirection of Minister under section 96 prevails over emergency direction
If there is an inconsistency between a direction given under section 96 and an emergency direction, the direction given under section 96 prevails to the extent of the inconsistency.
109KRegister of emergency directions
(1)The Department Head must maintain a register of emergency directions.
(2)The register must include the following information in respect of every emergency direction—
(a)the name of the distribution company given the direction;
(b)the date the direction was given to the distribution company;
(c)the date the direction took effect;
(d)if the direction is not in effect, the date it ceased being in effect;
(e)if the direction's period of effect was extended, the number of times the period was extended and the dates on which that period was extended.
(3)The Department Head must cause the register maintained under subsection (1) to be published on the Department's internet site.
109LDisclosure of information related to affected customers to certain public sector entities
(1)The Department Head may disclose to a public sector entity information related to affected customers given to the Department Head under an emergency direction if the Department Head is of the opinion that the disclosure is reasonably necessary to enable the public sector entity to perform functions and exercise powers to mitigate against the significant adverse impact of an electricity outage emergency on those affected customers.
(2)In this section—
public sector entity means—
(a)a public service body Head within the meaning of the Public Administration Act 2004; or
(b)a person employed in a public service body (as defined under the Public Administration Act 2004); or
(c)a public entity within the meaning of the Public Administration Act 2004.
109MDelegation
The Department Head, by instrument, may delegate a power of the Department Head under this Part (other than this power) to a person employed in the Department.".
4Consequential amendments on insertion of new Part 6AB—references to Energy Safe Victoria
(1)In section 3 of the Electricity Industry Act 2000 insert the following definition—
"Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;".
(2)Section 105(4) of the Electricity Industry Act 2000 is repealed.
5Statute law revision
In section 119(1A)(b) of the Electricity Industry Act 2000, for "circumstance" substitute "circumstances".
PART 3—AMENDMENT OF VICTORIAN ENERGY EFFICIENCY TARGET ACT 2007
6Timing of application for renewal
In section 9A(2)(b) of the Victorian Energy Efficiency Target Act 2007, for "prescribed fee (if any)" substitute "fee (if any) fixed under section 73".
7Application to vary conditions of accreditation
In section 13D(3) of the Victorian Energy Efficiency Target Act 2007, for "prescribed fee (if any)" substitute "fee (if any) fixed under section 73".
8Application for VEET scheme registry account
In section 26A(2)(d) of the Victorian Energy Efficiency Target Act 2007, for "prescribed fee (if any)" substitute "fee (if any) fixed under section 73".
9Approval of application
In section 26B(1)(d) of the Victorian Energy Efficiency Target Act 2007, for "prescribed fee (if any)" substitute "fee (if any) fixed under section 73".
10Application for renewal of accreditation during accreditation transition period
In section 76C(2)(b) of the Victorian Energy Efficiency Target Act 2007, for "prescribed fee (if any)" substitute "fee (if any) fixed under section 73".
PART 4—AMENDMENT OF ESSENTIAL SERVICES COMMISSION ACT 2001
11Commission's functions in relation to energy efficiency
In section 10D of the Essential Services Commission Act 2001—
(a)omit "7,";
(b)after "60" insert ", 60A, 60B".
12Contraventions of this Act and relevant legislation by bodies corporate
In section 60A(1) of the Essential Services Commission Act 2001, after "relevant legislation" insert "(other than an offence against the Victorian Energy Efficiency Target Act 2007)".
13Conduct by officers, employees or agents
(1)In section 60B(1) and (3) of the Essential Services Commission Act 2001, after "relevant legislation" (where first occurring) insert "(other than a proceeding for an offence against the Victorian Energy Efficiency Target Act 2007)".
(2)In section 60B(2) and (4) of the Essential Services Commission Act 2001, after "relevant legislation" insert "(other than an offence against the Victorian Energy Efficiency Target Act 2007)".
PART 5—REPEAL OF THIS ACT
14Repeal of this Act
This Act is repealed on 1 November 2024.
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).
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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: 17 May 2023
Legislative Council: 30 May 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Industry Act 2000, the Victorian Energy Efficiency Target Act 2007 and the Essential Services Commission Act 2001 and for other purposes."
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