Energy Legislation Amendment (Energy Fairness) Act 2021 (Vic)

Energy Legislation Amendment (Energy Fairness) Act 2021

No. 28 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Electricity Industry Act 2000

Division 1—Consumer protections

3Definitions

4Deemed contracts for supply and sale for relevant customers

5New sections 40EA and 40EB inserted

Division 2—Wrongful disconnection

6Definitions

7Deemed contracts for supply and sale for relevant customers

8Compensation for wrongful disconnection

9New Division 5C of Part 2 inserted

10Section 46A repealed

Division 3—Enforcement

11Condition to give information to Commission

12New Division 1 of Part 7 inserted and Division heading inserted

Division 4—Victorian default offer amendments

13Definitions

14Offer to domestic or small business customers (licensee standing offers)

15Required tariff information and licensee contact information to be published in newspaper and Government Gazette

Division 5—Other amendments

16Regulations

Part 3—Amendment of Gas Industry Act 2001

Division 1—Consumer protections

17Definitions

18Deemed contracts for supply and sale for relevant customers

19New sections 48DA and 48DB inserted

Division 2—Wrongful disconnection

20Definitions

21Deemed contracts for supply and sale for relevant customers

22Compensation for wrongful disconnection

23New Division 4AA of Part 3 inserted

24Section 48K repealed

Division 3—Enforcement

25Condition to give information to Commission

26New sections 229A to 229E inserted

Division 4—Victorian default offer amendments

27Definitions

28Offer to domestic or small business customers (licensee standing offers)

29Required tariff information and licensee contact information to be published in newspaper and Government Gazette

Division 5—Other amendments

30Regulations

Part 4—Consequential amendments of other Acts

Division 1—Amendment of the Criminal Procedure Act 2009

31Schedule 2 amended

Division 2—Amendment of the Essential Services Commission Act 2001

32Commission's energy industry compliance and enforcement functions

33Enforcement orders

34Civil penalty

35Definitions and interpretation

36Meaning of energy industry contravention

Part 5—Repeal of this Act

37Repeal of this Act

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Endnotes

1      General information

Energy Legislation Amendment (Energy Fairness) Act 2021

No. 28 of 2021

[Assented to 10 August 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Electricity Industry Act 2000 and the Gas Industry Act 2001—

(i)to prohibit certain types of sales practices; and

(ii)to create offences for wrongful disconnection of electricity and gas; and

(iii)to create offences relating to the provision of false or misleading information to the Essential Services Commission; and

(iv)to amend the gazettal requirements for tariffs in certain circumstances; and

(b)to make related amendments to the Criminal Procedure Act 2009 and the Essential Services Commission Act 2001.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 May 2022, it comes into operation on that day.

Part 2—Amendment of Electricity Industry Act 2000

Division 1—Consumer protections

3Definitions

In section 3 of the Electricity Industry Act 2000 insert the following definition—

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

4Deemed contracts for supply and sale for relevant customers

In section 39(10) of the Electricity Industry Act 2000, the definition of supply and sale contract is repealed.

5New sections 40EA and 40EB inserted

After section 40E of the Electricity Industry Act 2000 insert—

40EAProhibition on save and win-back offers "

(1)This section applies if a retailer (a losing retailer) is aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer.

Note

When a domestic customer has a supply and sale contract with a retailer and enters into a supply and sale contract with another retailer, the new retailer initiates the customer transfer process and at the end of that process the customer's supply and sale contract with the losing retailer ends.

(2)Without limiting the generality of section 20(2) or (3) or 21, but subject to this section, the conditions to which a licence to sell electricity held by a losing retailer is subject include a condition prohibiting the losing retailer from—

(a)contacting the domestic customer during the prohibited period—

(i)to make an offer to the domestic customer to renegotiate a supply and sale contract with the losing retailer and to terminate the supply and sale contract with another retailer; or

(ii)to offer, or arrange the offer of, a benefit, privilege or service, including a bundled electricity and gas service, to the domestic customer for that customer to remain a customer of the losing retailer and to terminate the supply and sale contract with another retailer; or

(iii)to make an offer to the domestic customer to enter into a new supply and sale contract with the losing retailer; or

(iv)to offer, or arrange the offer of, a benefit, privilege or service, including a bundled electricity and gas service, to the domestic customer for that customer to enter into a new supply and sale contract with the losing retailer; or

(b)requiring or permitting an employee or agent of the losing retailer to do a thing referred to in paragraph (a).

(3)The losing retailer is not prohibited from contacting the domestic customer during the prohibited period for any other purpose, including—

(a)in respect of any administrative or other matter resulting from or incidental to the customer transfer process; or

(b)in respect of any fees or charges which are owed to the losing retailer by the domestic customer under the supply and sale contract with the losing retailer; or

(c)responding to any query or question asked by the domestic customer; or

(d)if the domestic customer has asked the losing retailer to do a thing described in subsection (2)(a), doing so or requiring or permitting an employee or agent of the losing retailer to do so; or

(e)contacting the domestic customer as part of a general marketing campaign for the supply or sale of electricity, or the sale of a bundled electricity and gas service, other than by—

(i)calling on the domestic customer at that customer's ordinary place of residence; or

(ii)telephoning the domestic customer, irrespective of whether that customer is at their ordinary place of residence at the time of the telephone call.

(4)For the purposes of subsection (3)(e), a general marketing campaign does not include a marketing campaign directed at only domestic customers who have entered into a supply and sale contract with another retailer.

(5)A supply and sale contract continued or entered into as a result of any conduct prohibited under this section is of no effect.

(6)In this section—

bundled electricity and gas service means the service of supplying electricity and gas to a domestic customer with a financial discount on one or both services or some other benefit given to the customer for contracting with the retailer for both electricity and gas, whether or not under the same contract;

customer transfer process means the process under the National Electricity Rules of transferring, between retailers, a domestic customer's details, billing information and relevant supply details for the purpose of facilitating the operation of a supply and sale contract between the domestic customer and retailer;

domestic customer has the same meaning as in section 41;

prohibited period means the period—

(a)starting from when the losing retailer becomes aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer; and

(b)ending—

(i)at the end of the period after the customer transfer process is complete that is prescribed for the purposes of this subparagraph; or

(ii)if there is no prescribed period, after a period of 6 months after the customer transfer process is complete.

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

(1)Without limiting the generality of section 20(2) or (3) or 21, but subject to this section, the conditions to which a licence to sell electricity held by a retailer is subject include a condition prohibiting the retailer from—

(a)calling on a domestic customer at the customer's ordinary place of residence for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed; or

(b)telephoning a domestic customer for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed, irrespective of whether the customer is at their ordinary place of residence at the time of the telephone call; or

(c)requiring or permitting an employee or agent of the retailer to do a thing referred to in paragraph (a) or (b).

(2)A retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if the domestic customer has given, to a person specified in subsection (4), express consent to being contacted by a retailer at the customer's ordinary place of residence or by telephone for the purpose of negotiating—

(a)a supply and sale contract; or

(b)another contract of a kind that is prescribed.

(3)Without limiting subsection (2), the domestic customer has not given their express consent only because the customer has contacted the retailer, or an employee or agent of the retailer, in connection with an unsuccessful attempt by that retailer, employee or agent to contact the domestic customer.

(4)The following persons are specified for the purposes of subsection (2)—

(a)the retailer;

(b)an employee or agent of the retailer;

(c)a person who—

(i)collects a domestic customer's contact details, irrespective of any relationship between that person and the retailer at the time that person collects those details; and

(ii)gives those details to the retailer for the predominant purpose of enabling the retailer, or an employee or agent of the retailer, to negotiate a supply and sale contract or another contract of a kind that is prescribed.

(5)A retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if—

(a)at the time the domestic customer is called on at their ordinary place of residence or is telephoned, the domestic customer has a supply and sale contract with the retailer; and

(b)that conduct would not otherwise be prohibited under section 40EA.

(6)A contract entered into as a result of any conduct prohibited under subsection (1) is of no effect.

(7)This section does not apply to a supply and sale contract of a kind that is prescribed.

(8)In this section—

contact details means a domestic customer's residential address or telephone number;

domestic customer has the same meaning as in section 41.".

Division 2—Wrongful disconnection

6Definitions

In section 3 of the Electricity Industry Act 2000, for the definition of electricity bill substitute—

"electricity bill means—

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

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

7Deemed contracts for supply and sale for relevant customers

After section 39(7)(d) of the Electricity Industry Act 2000 insert—

"(da)if the supply of electricity at the premises is disconnected in accordance with section 40SQ; or".

8Compensation for wrongful disconnection

(1)In section 40B(1) of the Electricity Industry Act 2000—

(a)for "licensee" (where first occurring) substitute "retailer";

(b)for "licensee" (where secondly occurring) substitute "retailer arranges for the supply of electricity at the premises of that customer to be disconnected and";

(c)for paragraphs (a) and (b) substitute—

"(a)the retailer does so otherwise than in accordance with Subdivision 3 of Division 5C; or

(b)the retailer fails to comply with the terms and conditions of the supply and sale contract specifying the circumstances in which the supply of electricity at those premises may be disconnected.".

(2)In section 40B(1A) of the Electricity Industry Act 2000, for "licensee" substitute "retailer".

(3)For section 40B(3) of the Electricity Industry Act 2000 substitute—

"(3)A payment under a condition under subsection (1) must be made as soon as practicable after—

(a)the reconnection of the supply of electricity at the premises of the relevant customer arranged by a retailer under this Act; or

(b)a relevant event occurs.".

(4)In section 40B(5) of the Electricity Industry Act 2000—

(a)for the definition of prescribed amount substitute—

"prescribed amount means—

(a)the amount prescribed by the regulations for the purposes of this section; or

(b)if no amount is prescribed by the regulations—

(i)if a relevant event occurs—$500 for each whole day that the supply of electricity is disconnected and a pro rata amount for any part of a day that the supply of electricity is disconnected, ending on the occurrence of the relevant event; or

(ii)in any other case—$500 for each whole day that the supply of electricity is disconnected and a pro rata amount for any part of a day that the supply of electricity is disconnected;";

(b)in the definition of relevant customer, for "36." substitute "36;";

(c)insert the following definition—

"relevant event means—

(a)a relevant customer's refusal of an offer from a retailer to arrange for the reconnection of the supply of electricity at the relevant customer's premises; or

(b)an event the result of which means it is not reasonably practicable for the retailer to arrange for the reconnection of the supply of electricity at the relevant customer's premises; or

(c)a prescribed event.".

(5)After section 40B(5) of the Electricity Industry Act 2000 insert—

"(6)For the purposes of the definition of relevant event in subsection (5), an offer from a retailer must not include any condition or requirement for reconnection other than any condition or requirement permitted under the supply and sale contract or any Act or law.".

9New Division 5C of Part 2 inserted

After Division 5B of Part 2 of the Electricity Industry Act 2000 insert—

"Division 5C—Disconnection of supply of electricity

Subdivision 1—Preliminary

40SADefinitions

In this Division—

acceptable identification means—

(a)a document specified under an applicable Code for the purposes of this paragraph which contains information identifying a relevant customer; or

(b)information specified under an applicable Code for the purposes of this paragraph identifying a relevant customer;

applicable Code means a Code of Practice which states that it applies for the purposes of this Division;

business day means a day that is not—

(a)a Saturday or Sunday; or

(b)a public holiday;

carry-over customer means a person described in section 40SB(2)(a);

disconnection related complaint means a complaint made by a relevant customer that is directly related to the grounds for a retailer's or an exempt electricity seller's proposed disconnection of the supply of electricity at the customer's premises under—

(a)the retailer's or exempt electricity seller's standard complaints and dispute resolution procedures; or

(b)a customer dispute resolution scheme approved by the Commission under section 28;

disconnection warning notice means a notice, specifying the matters required to be specified under an applicable Code, warning a relevant customer that the supply of electricity at the customer's premises will be or may be disconnected;

electricity payment assistance application means an application to an entity responsible for a rebate, concession or relief scheme available under any government funded electricity charge rebate, concession or relief scheme;

exempt distributor means a relevant exempt person (within the meaning of section 33B) who distributes or supplies electricity;

exempt electricity seller means a relevant exempt person (within the meaning of section 33B) who sells electricity;

gas distribution company has the same meaning as in the Gas Industry Act 2001;

gas retailer has the same meaning as in the Gas Industry Act 2001;

intention to disconnect notice means a notice, specifying the matters required to be specified under an applicable Code, notifying a relevant customer of a retailer's or an exempt electricity seller's intention to arrange for the supply of electricity at the customer's premises to be disconnected;

life support customer means—

(a)a relevant customer who is a life support resident; or

(b)a relevant customer at whose premises a life support resident (who is not the relevant customer) resides or intends to reside;

life support customer details, in relation to a relevant customer, means—

(a)information that evidences that the relevant customer is a life support customer; and

(b)the personal details of each life support resident residing or intending to reside at the premises of the life support customer; and

(c)the date from which life support equipment is required at the premises of the life support customer by each life support resident;

life support equipment means any of the following—

(a)an oxygen concentrator;

(b)an intermittent peritoneal dialysis machine;

(c)a kidney dialysis machine;

(d)a chronic positive airways pressure respirator;

(e)crigler najjar syndrome phototherapy equipment;

(f)a ventilator for life support;

(g)any other equipment requiring electricity that a registered medical practitioner certifies is required for a life support resident;

(h)equipment (other than equipment referred to in paragraphs (a) to (g)) specified under an applicable Code for the purposes of this definition;

life support resident means a person who requires life support equipment;

move-in customer means a person described in section 40SB(2)(b);

protected period means—

(a)the period of a business day—

(i)for a residential customer—before 8 a.m. or after 2 p.m.; or

(ii)for a small business customer—before 8 a.m. or after 3 p.m.; or

(b)a Friday; or

(c)a weekend or a public holiday; or

(d)the day before a public holiday; or

(e)the days starting on 20 December and ending at midnight on 31 December in any year; or

(f)a period specified under an applicable Code for the purposes of this definition;

public holiday means a day appointed under the Public Holidays Act 1993;

register of life support customers and residents means a register established and maintained under section 40SV;

registered life support customer, in relation to a retailer or an exempt electricity seller, means a life support customer who is registered in the register of life support customers and residents established and maintained by that retailer or exempt electricity seller, as the case requires;

relevant assistance means assistance—

(a)in accordance with a financial hardship policy within the meaning of section 41; or

(b)specified under an applicable Code for the purposes of this definition;

relevant customer has the meaning given by section 40SB;

reminder notice means a notice, specifying the matters required to be specified under an applicable Code, reminding a relevant customer that payment of an electricity bill is required;

residential customer means a relevant customer who purchases electricity principally for personal, household or domestic use;

security deposit means an amount of money paid or payable under a supply and sale contract as a security against non‑payment of an electricity bill;

small business customer means a relevant customer who is not a residential customer.

40SBMeaning of relevant customer

(1)In this Division, a relevant customer is—

(a)in relation to a retailer, a relevant customer within the meaning of section 36(6); or

Note

A relevant customer of a retailer includes a person who has a deemed contract with the retailer under section 39(1) or (2).

(b)in relation to an exempt electricity seller, a person—

(i)to whom the exempt electricity seller supplies or sells electricity under a supply and sale contract; and

(ii)whose total consumption of electricity supplied or sold by the exempt electricity seller does not exceed more than 40 megawatt hours in any given year.

(2)In addition, for the purposes of this Division, a relevant customer, in relation to an exempt electricity seller, includes either of the following—

(a)a person—

(i)who continues to take electricity supplied by the exempt electricity seller at the person's premises after the person's supply and sale contract with the exempt electricity seller has ended or been terminated and that contract does not provide for the electricity to be consumed after the contract's end or termination; and

(ii)who was a relevant customer as set out under subsection (1)(b);

(b)a person who takes electricity supplied by the exempt electricity seller without having entered into a supply and sale contract with the exempt electricity seller.

40SCObjects

Without limiting section 10(c), the objects of this Division are—

(a)to recognise the essential nature of the supply of electricity; and

(b)to have regard to community expectations that ongoing access to electricity will be available; and

(c)to have regard to community expectations that the supply of electricity to premises will not be disconnected solely because of a customer's inability to pay for the electricity supply; and

(d)to promote the principle that the supply of electricity to premises should only be disconnected as a last resort.

Subdivision 2—Offences

40SDKnowingly or recklessly disconnecting supply of electricity at premises

(1)A retailer or an exempt electricity seller who arranges for the supply of electricity at a relevant customer's premises to be disconnected other than in accordance with Subdivision 3, and knows, or is reckless as to whether, the disconnection is not in accordance with that Subdivision, is guilty of an offence and liable to a penalty not exceeding—

(a)in the case of a natural person, 1200 penalty units or 10 years imprisonment; or

(b)in the case of a body corporate, 6000 penalty units.

(2)An offence against subsection (1) is an indictable offence.

40SEDisconnection of supply of electricity at premises

A retailer or an exempt electricity seller must not arrange for the supply of electricity at a relevant customer's premises to be disconnected except in accordance with Subdivision 3.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

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

(1)A retailer or an exempt electricity seller commits an offence if the retailer or exempt electricity seller—

(a)knows the relevant customer is a life support customer; and

(b)does not add the life support customer details for that customer to the retailer's or exempt electricity seller's register of life support customers and residents within one business day after being advised that the relevant customer is a life support customer; and

(c)arranges for the supply of electricity at that customer's premises to be disconnected.

(2)A retailer or an exempt electricity seller commits an offence if—

(a)the retailer or exempt electricity seller is reckless as to whether the relevant customer is a life support customer; and

(b)as a result of that recklessness the retailer or exempt electricity seller does not add the life support customer details for that customer to the retailer's or exempt electricity seller's register of life support customers and residents; and

(c)the retailer or exempt electricity seller arranges for the supply of electricity at the customer's premises to be disconnected.

(3)A retailer or an exempt electricity seller commits an offence if the retailer or exempt electricity seller—

(a)knowingly or recklessly removes any life support customer details relating to a registered life support customer from the retailer's or exempt electricity seller's register of life support customers and residents; and

(b)arranges for the supply of electricity at that customer's premises to be disconnected.

(4)A retailer or an exempt electricity seller who commits an offence against subsection (1), (2) or (3) is liable to a penalty not exceeding—

(a)in the case of a natural person, 1200 penalty units or 10 years imprisonment; or

(b)in the case of a body corporate, 6000 penalty units.

(5)A retailer or an exempt electricity seller does not commit an offence against subsection (3) if any life support customer details are removed from the retailer's or exempt electricity seller's register of life support customers and residents, as the case requires—

(a)at the request of the registered life support customer in accordance with an applicable Code; or

(b)as provided under an applicable Code.

(6)An offence against subsection (1), (2) or (3) is an indictable offence.

40SGLife support customers and residents—retailer obligations when advised by relevant customer

(1)Within one business day after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must record in a register of life support customers and residents the life support customer details.

Penalty:600 penalty units.

(2)A retailer who is advised by a relevant customer that a life support resident resides or is intending to reside at the relevant customer's premises, must, if the life support equipment at the premises is or will be powered by electricity and gas and the retailer is not the gas retailer supplying gas at the relevant customer's premises, inform the customer, within one business day after being advised, that the customer should inform the gas retailer supplying gas at the relevant customer's premises that a life support resident resides, or is intending to reside, at the relevant customer's premises.

Penalty:600 penalty units.

(3)Within 5 business days after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must give to the customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.

Penalty:600 penalty units.

(4)Within one business day after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must, in accordance with an applicable Code—

(a)if the life support equipment required by the life support resident is powered only by electricity, give the details specified under an applicable Code for the purposes of this paragraph to the distribution company that distributes electricity to those premises; or

(b)if the life support equipment required by the life support resident is powered by electricity and gas and the retailer is also a gas retailer supplying gas at the relevant customer's premises, give the details specified under an applicable Code for the purposes of this paragraph—

(i)to the distribution company that distributes electricity to those premises; and

(ii)to the gas distribution company that provides services to the customer at the premises by means of a distribution pipeline (within the meaning of the Gas Industry Act 2001).

Penalty:600 penalty units.

(5)Subsection (4)(a) does not apply to a retailer in the circumstances specified under an applicable Code.

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

(1)Within one business day after a retailer is advised by a distribution company or a gas distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the retailer, the retailer must record in a register of life support customers and residents the life support customer details.

Penalty:600 penalty units.

(2)Within 5 business days after a retailer is advised by a distribution company or a gas distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the retailer, the retailer must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.

Penalty:600 penalty units.

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

(1)Within one business day after being advised by an exempt electricity seller to whom section 40SJ(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt electricity seller, a retailer must record in a register of life support customers

and residents the life support customer details.

Penalty:600 penalty units.

(2)Within one business day after being advised by an exempt electricity seller to whom section 40SJ(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt electricity seller, a retailer must give the distribution company that distributes electricity at those premises the details specified under an applicable Code for the purposes of this subsection.

Penalty:600 penalty units.

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

(1)Within one business day after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt electricity seller must record in a register of life support customers and residents the life support customer details.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(2)An exempt electricity seller who is advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises must, if the life support equipment required by the life support resident is powered by electricity and gas, inform the customer within one business day after being advised, that the customer should inform the gas retailer supplying gas at the relevant customer's premises that the customer is a life support customer.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(3)Within 5 business days after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt electricity seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(4)If—

(a)a relevant customer advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and

(b)the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer—

the exempt electricity seller must, within one business day after being advised, give the retailer the details specified under an applicable Code for the purposes of this subsection.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(5)If—

(a)a relevant customer advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and

(b)the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer; and

(c)that electricity is distributed by an exempt distributor—

the exempt electricity seller must, within one business day after that advice, give the exempt distributor the details specified under an applicable Code for the purposes of this subsection.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(6)Subsection (5) does not apply to an exempt electricity seller in the circumstances specified under an applicable Code.

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

(1)Within one business day after an exempt electricity seller is advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller, the exempt electricity seller must record in a register of life support customers and residents the life support customer details.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(2)Within 5 business days after being advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller, the exempt electricity seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(3)If—

(a)an exempt distributor advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller; and

(b)the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer—

the exempt electricity seller must give, within one business day after that advice, the retailer the details specified under an applicable Code for the purposes of this subsection.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

Subdivision 3—Permitted grounds for disconnection

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

A retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—

(a)the retailer or exempt electricity seller and the relevant customer agree; or

(b)the relevant customer gives notice to the retailer or exempt electricity seller in accordance with the supply and sale contract with the retailer or exempt electricity seller that the customer wishes to end the contract.

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

(1)Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—

(a)the relevant customer—

(i)has not a paid the total amount specified in an electricity bill by the date specified for that payment; or

(ii)is receiving relevant assistance from the retailer or exempt electricity seller and has not complied with the terms and conditions of that assistance; and

(b)the total amount owing to the retailer or exempt electricity seller under the electricity bill—

(i)is not less than $300 or, if an applicable Code specifies a higher amount for the purposes of this subparagraph, not less than the specified amount; and

(ii)is only for the supply or sale of electricity; and

(c)the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a reminder notice; and

(d)after the expiry of the period specified in the reminder notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and

(e)after the expiry of the period specified in the disconnection warning notice, the retailer or exempt electricity seller takes all reasonable steps to contact the relevant customer, in relation to the customer's failure to pay the total amount owing under the electricity bill or to comply with the terms and conditions of the relevant assistance, in one or more of the following ways—

(i)in person;

(ii)by telephone;

(iii)by electronic communication; and

(f)the retailer or exempt electricity seller has complied with any requirements relating to the disconnection of the supply of electricity at a relevant customer's premises specified under an applicable Code for the purposes of this section; and

(g)the relevant customer does not take any reasonable action towards settling the debt owed to the retailer or exempt electricity seller.

(2)The period specified in a reminder notice and a disconnection warning notice must be not less than the period specified under an applicable Code.

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

(1)Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—

(a)the relevant customer does not give a security deposit in accordance with a supply and sale contract with the retailer or exempt electricity seller; and

(b)the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and

(c)after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and

(d)after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the security deposit.

(2)The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.

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

(1)Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—

(a)the relevant customer does not provide acceptable identification on request of the retailer or exempt electricity seller; and

(b)the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and

(c)after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and

(d)after the expiry of the period specified in the disconnection warning notice, the relevant customer does not provide acceptable identification.

(2)The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.

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

(1)Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—

(a)the relevant customer does not allow access to the customer's premises for the reading of the meter at the premises for 3 consecutive scheduled meter readings; and

(b)at the time of each of those scheduled meter readings, the retailer or exempt electricity seller took all reasonable steps to contact the relevant customer in one or more of the following ways to make alternative arrangements to access the customer's premises—

(i)in person;

(ii)by telephone;

(iii)by electronic communication; and

(c)the retailer or exempt electricity seller, on each of the occasions access is denied, arranges for the relevant customer to be given a notice in accordance with any requirements under an applicable Code (an access request notice)—

(i)requesting access to the meter; and

(ii)advising of the retailer's or exempt electricity seller's ability to arrange for disconnection of the supply of electricity at the customer's premises; and

(d)no earlier than 5 business days after the third access request notice is given to the relevant customer, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and

(e)after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and

(f)after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the retailer or exempt electricity seller access to the customer's premises to read the meter.

(2)The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.

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

(1)Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—

(a)the relevant customer—

(i)has a deemed contract with the retailer under section 39(1) or (2); or

(ii)is a carry-over customer; or

(iii)is a move-in customer; and

(b)the relevant customer refuses or fails to take appropriate steps to enter into a supply and sale contract with the retailer or exempt electricity seller; and

(c)the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and

(d)after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and

(e)after the expiry of the period specified in the disconnection warning notice, the relevant customer does not take appropriate steps to enter into a supply and sale contract with the retailer or exempt electricity seller.

(2)The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.

(3)For the purposes of this section, the retailer or exempt electricity seller is not required to find out the name or particulars of the relevant customer consuming electricity supplied at the premises before disconnecting the supply of electricity.

40SRSupply of electricity may be disconnected in the prescribed circumstances

Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected—

(a)in the prescribed circumstances (if any); and

(b)in accordance with the prescribed requirements (if any).

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

A retailer or an exempt electricity seller must not arrange for the supply of electricity at a relevant customer's premises to be disconnected—

(a)if the relevant customer is a registered life support customer; or

(b)if there is a disconnection related complaint that is unresolved; or

(c)if the relevant customer is receiving relevant assistance and is complying with the terms and conditions of that assistance; or

(d)if the relevant customer advises the retailer or exempt electricity seller, or the retailer or exempt electricity seller is otherwise aware, that the relevant customer has made an electricity payment assistance application and the application has not been decided; or

(e)during a protected period; or

(f)in the prescribed circumstances.

Subdivision 4—Disconnection for fraudulent or illegal taking of electricity

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

(1)Subject to subsection (2), a retailer may arrange for the supply of electricity at a person's premises to be disconnected if—

(a)a person at the premises takes the supply of electricity without a supply and sale contract with the retailer for the taking of that electricity; and

(b)the person does not have a deemed contract with the retailer under section 39(1) or (2) because of section 39(8) or (9).

(2)A retailer must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) if—

(a)the person was a relevant customer of the retailer; and

(b)the person was a registered life support customer in relation to the retailer immediately before taking the supply of electricity without a supply and sale contract with the retailer; and

(c)at the time at which disconnection of the supply of electricity is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the retailer.

(3)A retailer who arranges for the supply of electricity at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding 6000 penalty units.

(4)An offence against subsection (3) is an indictable offence.

(5)A retailer must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) except in accordance with this section.

Penalty:600 penalty units.

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

(1)Subject to subsection (2), an exempt electricity seller specified under an applicable Code for the purposes of this section may arrange for the supply of electricity at a person's premises to be disconnected in accordance with any requirements under an applicable Code if—

(a)the person takes the supply of electricity by fraudulent or illegal means; and

(b)the person does not have a supply and sale contract with the exempt electricity seller.

(2)An exempt electricity seller must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) if—

(a)the person was a relevant customer (as described in section 40SB(1)(b)) of the exempt electricity seller; and

(b)the person was a registered life support customer in relation to the exempt electricity seller immediately before taking the supply of electricity without a supply and sale contract with the exempt electricity seller; and

(c)at the time at which disconnection of the supply of electricity is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the exempt electricity seller.

(3)An exempt electricity seller who arranges for the supply of electricity at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding—

(a)in the case of a natural person, 1200 penalty units or 10 years imprisonment; or

(b)in the case of a body corporate, 6000 penalty units.

(4)An offence against subsection (3) is an indictable offence.

(5)An exempt electricity seller must not arrange for the supply of electricity at person's premises to be disconnected under subsection (1) except in accordance with this section.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

Subdivision 5—Register of life support customers and residents

40SVRegister of life support customers and residents

(1)A retailer or an exempt electricity seller must establish and maintain a register of life support customers and life support residents.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(2)A retailer or an exempt electricity seller must not remove any life support customer details relating to a registered life support customer from a register of life support customers and residents except—

(a)at the request of the registered life support customer in accordance with an applicable Code; or

(b)as provided under an applicable Code.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(3)A retailer or an exempt electricity seller may maintain the register of life support customers and residents in any form and manner determined by the retailer or exempt electricity seller.

Subdivision 6—Miscellaneous

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

(1)This section applies if, on the trial of a retailer or an exempt electricity seller charged with an offence against section 40SD, 40ST(3) or 40SU(3), the jury are not satisfied that the retailer or exempt electricity seller is guilty of the offence charged, but are satisfied that the retailer or exempt electricity seller is guilty of an offence against section 40SE, 40ST(5) or 40SU(5) (as the case requires).

(2)The jury may acquit the retailer or exempt electricity seller of the offence charged and find the retailer or exempt electricity seller guilty of an offence against section 40SE, 40ST(5) or 40SU(5) (as the case requires) and the retailer or exempt electricity seller is liable to punishment accordingly.".

10Section 46A repealed

Section 46A of the Electricity Industry Act 2000 is repealed.

Division 3—Enforcement

11Condition to give information to Commission

At the foot of section 23A of the Electricity Industry Act 2000 insert—

"Note

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

12New Division 1 of Part 7 inserted and Division heading inserted

Before section 116 of the Electricity Industry Act 2000 insert—

"Division 1—General enforcement

116AAOffence to give false or misleading information or documents

(1)A licensee must not give the Commission information that the licensee is required to give to the Commission under or for the purposes of this Act that the licensee knows—

(a)to be false or misleading in any material particular; or

(b)omits any matter or thing without which the information is misleading.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(2)A licensee must not produce a document to the Commission that the licensee is required to produce to the Commission under or for the purposes of this Act if—

(a)the licensee knows that the document is false or misleading in a material particular; and

(b)the licensee does not indicate the respect in which the document is false or misleading.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(3)An offence against subsection (1) or (2) is an indictable offence.

116AABMonetary benefits orders

(1)If a court finds a person guilty of an offence against Division 5C of Part 2 or section 116AA(1) or (2), the court may, on the application of the Commission, make an order under subsection (2).

(2)The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents 3 times the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the offence.

(3)Any amounts received by the Commission pursuant to an order under subsection (2) are to be paid into the Consolidated Fund.

116AACDetermining amount to be paid under monetary benefits order

(1)When determining an amount that the person must pay under an order made under section 116AAB(2), the court may take into account—

(a)the person's financial circumstances; and

(b)any amount submitted to the court by the Commission under subsection (2).

(2)The Commission, or a person authorised by the Commission, may submit to the court the amount the Commission considers to be a reasonable estimate of the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which the order under section 116AAB(2) is sought, as determined in accordance with—

(a)a prescribed guideline, method or protocol; or

(b)any other method the Commission considers appropriate.

(3)For the purposes of section 116AAB(2), the court may assume that an amount represents the amount of any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of the offence if—

(a)the Commission submits that amount to the court under subsection (2); and

(b)the Commission determined that amount in accordance with a prescribed guideline, method or protocol.

(4)The amount of money that the court may order a person to pay under section 116AAB(2) is not limited by—

(a)any penalty that may be imposed under this Act; or

(b)the jurisdictional limit for a civil proceeding specified under section 100(1) of the Magistrates' Court Act 1989.

(5)Nothing in an order made under section 116AAB(2) or in this section affects the operation of Part 8 of the Confiscation Act 1997.

116AADRecovery of amounts ordered to be paid

If a court orders a person to pay an amount under an order made under section 116AAB(2)—

(a)the amount is a debt due to the State; and

(b)the Commission may, on behalf of the State, recover the amount in any court of competent jurisdiction.

116AAEAdverse publicity orders

(1)If a court finds a person guilty of an offence against Division 5C of Part 2 or section 116AA(1) or (2), the court may make an adverse publicity order against the person.

(2)In making an adverse publicity order, the court may—

(a)specify the period within which the order must be complied with; and

(b)impose any other requirement that the court considers necessary or expedient to make the order effective.

(3)This section does not limit a court's powers under any other provision of this Act or any other Act.

(4)In this section—

adverse publicity order means an order that—

(a)requires a person to disclose, in the way and to the persons specified in the order, such information as is so specified, being information that the person has possession of or access to; or

(b)requires a person to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.

Division 2—Miscellaneous".

Division 4—Victorian default offer amendments

13Definitions

In section 3 of the Electricity Industry Act 2000, in the definition of licensee standing offer, for paragraph (a) substitute—

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

14Offer to domestic or small business customers (licensee standing offers)

For section 35(1)(a) of the Electricity Industry Act 2000 substitute—

"(a)at tariffs fixed under an Order in force under section 13 or determined under a price determination in force under such an Order or, if there are no such tariffs, at tariffs determined by the licensee and published by the licensee in the Government Gazette at least one month before they take effect; and".

15Required tariff information and licensee contact information to be published in newspaper and Government Gazette

In section 35D(2) of the Electricity Industry Act 2000, in the definition of tariff variation information—

(a)in paragraph (a), after "electricity" insert "determined by a licensee under section 35(1)(a)";

(b)in paragraph (b)—

(i)after "electricity" insert "determined by a licensee under section 35(1)(a)";

(ii)for "that section" substitute "section 35".

Division 5—Other amendments

16Regulations

After section 119(1) of the Electricity Industry Act 2000 insert—

"(1A)Regulations made under this Act may—

(a)be of general or limited application;

(b)differ according to time, place or circumstance;

(c)confer a discretionary authority or impose a duty on a specified person or a specified class of person.".

Part 3—Amendment of Gas Industry Act 2001

Division 1—Consumer protections

17Definitions

In section 3 of the Gas Industry Act 2001 insert the following definition—

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

18Deemed contracts for supply and sale for relevant customers

In section 46(10) of the Gas Industry Act 2001, the definition of supply and sale contract is repealed.

19New sections 48DA and 48DB inserted

After section 48D of the Gas Industry Act 2001 insert—

"48DA   Prohibition on save and win-back offers

(1)This section applies if a gas retailer (a losing retailer) is aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer.

Note

When a domestic customer has a supply and sale contract with a gas retailer and enters into a supply and sale contract with another gas retailer, the new retailer initiates the customer transfer process and at the end of that process the supply and sale contract with the losing retailer ends.

(2)Without limiting the generality of section 28(2) or (3) or 29, but subject to this section, the conditions to which a licence to sell gas by retail held by a losing retailer is subject include a condition prohibiting the losing retailer from—

(a)contacting the domestic customer during the prohibited period—

(i)to make an offer to the domestic customer to renegotiate a supply and sale contract with the losing retailer and to terminate the supply and sale contract with another gas retailer; or

(ii)to offer, or arrange the offer of, a benefit, privilege or service, including a bundled gas and electricity service, to the domestic customer for that customer to remain a customer of the losing retailer and to terminate the supply and sale contract with another gas retailer; or

(iii)to make an offer to the domestic customer to enter into a new supply and sale contract with the losing retailer; or

(iv)to offer, or arrange the offer of, a benefit, privilege or service, including a bundled gas and electricity service, to the domestic customer for that customer to enter into a new supply and sale contract with the losing retailer; or

(b)requiring or permitting an employee or agent of the losing retailer to do a thing referred to in paragraph (a).

(3)The losing retailer is not prohibited from contacting the domestic customer during the prohibited period for any other purpose, including—

(a)in respect of any administrative or other matter resulting from or incidental to the customer transfer process; or

(b)in respect of any fees or charges which are owed to the losing retailer by the domestic customer under the supply and sale contract with the losing retailer; or

(c)responding to any query or question asked by the domestic customer; or

(d)if the domestic customer has asked the losing retailer to do a thing described in subsection (2)(a), doing so or requiring or permitting an employee or agent of the losing retailer to do so; or

(e)contacting the domestic customer as part of a general marketing campaign for the supply or sale of gas, or the sale of a bundled gas and electricity service, other than by—

(i)calling on the domestic customer at that customer's ordinary place of residence; or

(ii)telephoning the domestic customer, irrespective of whether that customer is at their ordinary place of residence at the time of the telephone call.

(4)For the purposes of subsection (3)(e), a general marketing campaign does not include a marketing campaign directed at only domestic customers who have entered into a supply and sale contract with another gas retailer.

(5)A supply and sale contract continued or entered into as a result of any conduct prohibited under this section is of no effect.

(6)In this section—

bundled gas and electricity service means the service of supplying gas and electricity to a domestic customer with a financial discount on one or both services or some other benefit given to the customer for contracting with the gas retailer for both gas and electricity, whether or not under the same contract;

customer transfer process means the process under the National Gas Rules of transferring, between gas retailers, a domestic customer's details, billing information and relevant supply details for the purpose of facilitating the operation of a supply and sale contract between the domestic customer and gas retailer;

domestic customer has the same meaning as in section 48E;

prohibited period means the period—

(a)starting from when the losing retailer becomes aware that the customer transfer process has commenced or is commencing in respect of a domestic customer of the losing retailer; and

(b)ending—

(i)at the end of the period after the customer transfer process is complete that is prescribed for the purposes of this subparagraph; or

(ii)if there is no prescribed period, after a period of 6 months after the customer transfer process is complete.

48DBProhibition relating to door-to-door sales and cold-calling

(1)Without limiting the generality of section 28(2) or (3) or 29, but subject to this section, the conditions to which a licence to sell gas by retail held by a gas retailer is subject include a condition prohibiting the gas retailer from—

(a)calling on a domestic customer at the customer's ordinary place of residence for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed; or

(b)telephoning a domestic customer for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed, irrespective of whether the customer is at their ordinary place of residence at the time of the telephone call; or

(c)requiring or permitting an employee or agent of the gas retailer to do a thing referred to in paragraph (a) or (b).

(2)A gas retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if the domestic customer has given, to a person specified in subsection (4), express consent to being contacted by a gas retailer at the customer's ordinary place of residence or by telephone for the purpose of negotiating—

(a)a supply and sale contract; or

(b)another contract of a kind that is prescribed.

(3)Without limiting subsection (2), the domestic customer has not given their express consent only because the customer has contacted the gas retailer, or an employee or agent of the gas retailer, in connection with an unsuccessful attempt by that retailer, employee or agent to contact the domestic customer.

(4)The following persons are specified for the purposes of subsection (2)—

(a)the gas retailer;

(b)an employee or agent of the gas retailer;

(c)a person who—

(i)collects a domestic customer's contact details, irrespective of any relationship between that person and the gas retailer at the time that person collects those details; and

(ii)gives those details to the gas retailer for the predominant purpose of enabling the gas retailer, or an employee or agent of the gas retailer, to negotiate a supply and sale contract or another contract of a kind that is prescribed.

(5)A gas retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if—

(a)at the time the domestic customer is called on at their ordinary place of residence or is telephoned, the domestic customer has a supply and sale contract with the gas retailer; and

(b)that conduct would not otherwise be prohibited under section 48DA.

(6)A contract entered into as a result of any conduct prohibited under subsection (1) is of no effect.

(7)This section does not apply to a supply and sale contract of a kind that is prescribed.

(8)In this section—

contact details means a domestic customer's residential address or telephone number;

domestic customer has the same meaning as in section 48E.".

Division 2—Wrongful disconnection

20Definitions

In section 3 of the Gas Industry Act 2001—

(a)for the definition of gas bill substitute—

"gas bill means—

(a)in this Act (except Division 4AA of Part 3), a bill or account issued by a licensee to a customer for the supply or sale of gas; and

(b)in Division 4AA of Part 3, a bill or account issued by a gas retailer or an exempt gas seller (within the meaning of that Division) to a relevant customer (within the meaning of that Division) for the supply or sale of gas;";

(b)for the definition of meter substitute—

"meter means—

(a)an instrument that measures the quantity of gas passing through it; and

(b)in Division 4AA of Part 3, includes an instrument that measures the quantity of hot water passing through it;".

21Deemed contracts for supply and sale for relevant customers

After section 46(7)(d) of the Gas Industry Act 2001 insert—

"(da)if the supply of gas at the premises is disconnected in accordance with section 48DS; or".

22Compensation for wrongful disconnection

(1)In section 48A(1) of the Gas Industry Act 2001—

(a)for "licensee" (where first occurring) substitute "gas retailer";

(b)for "licensee" (where secondly occurring) substitute "gas retailer arranges for the supply of gas at the premises of that customer to be disconnected and";

(c)for paragraphs (a) and (b) substitute—

"(a)the gas retailer does so otherwise than in accordance with Subdivision 3 of Division 4AA; or

(b)the gas retailer fails to comply with the terms and conditions of the supply and sale contract specifying the circumstances in which the supply of gas at those premises may be disconnected.".

(2)In section 48A(1A) of the Gas Industry Act 2001, for "licensee" substitute "gas retailer".

(3)For section 48A(3) of the Gas Industry Act 2001 substitute—

"(3)A payment under a condition under subsection (1) must be made as soon as practicable after—

(a)the reconnection of the supply of gas at the premises of the relevant customer is arranged by a gas retailer under this Act; or

(b)a relevant event occurs.".

(4)In section 48A(5) of the Gas Industry Act 2001—

(a)for the definition of prescribed amount substitute—

"prescribed amount means—

(a)the amount prescribed by the regulations for the purposes of this section; or

(b)if no amount is prescribed by the regulations—

(i)if a relevant event occurs—$500 for each whole day that the supply of gas is disconnected and a pro rata amount for any part of a day that the supply of gas is disconnected, ending on the occurrence of the relevant event; or

(ii)in any other case—$500 for each whole day that the supply of gas is disconnected and a pro rata amount for any part of a day that the supply of gas is disconnected;";

(b)in the definition of relevant customer, for "43." substitute "43;";

(c)insert the following definition—

"relevant event means—

(a)a relevant customer's refusal of an offer from a gas retailer to arrange for the reconnection of the supply of gas at the relevant customer's premises; or

(b)an event the result of which means it is not reasonably practicable for the gas retailer to arrange for the reconnection of the supply of gas at the relevant customer's premises; or

(c)a prescribed event.".

(5)After section 48A(5) of the Gas Industry Act 2001 insert—

"(6)For the purposes of the definition of relevant event in subsection (5), an offer from a gas retailer must not include any condition or requirement for reconnection other than any condition or requirement permitted under the supply and sale contract or any Act or law.".

23New Division 4AA of Part 3 inserted

After Division 4 of Part 3 of the Gas Industry Act 2001 insert—

"Division 4AA—Disconnection of supply of gas

Subdivision 1—Preliminary

48DCDefinitions

In this Division—

acceptable identification means—

(a)a document specified under an applicable Code for the purposes of this paragraph which contains information identifying a relevant customer; or

(b)information specified under an applicable Code for the purposes of this paragraph identifying a relevant customer;

applicable Code means a Code of Practice which states that it applies for the purposes of this Division;

business day means a day that is not—

(a)a Saturday or Sunday; or

(b)a public holiday;

carry-over customer means a person described in section 48DD(2)(a);

disconnection related complaint means a complaint made by a relevant customer that is directly related to the grounds for a gas retailer's or an exempt gas seller's proposed disconnection of the supply of gas at the relevant customer's premises under—

(a)the gas retailer's or exempt gas seller's standard complaints and dispute resolution procedures; or

(b)a customer dispute resolution scheme approved by the Commission under section 36;

disconnection warning notice means a notice, specifying the matters required to be specified under an applicable Code, warning a relevant customer that the supply of gas at the customer's premises will be or may be disconnected;

electricity distribution company has the same meaning as distribution company has in the Electricity Industry Act 2000;

electricity retailer has the same meaning as retailer has in the Electricity Industry Act 2000;

exempt distributor means a person who, by Order under section 24, has been exempted from the requirement to obtain a licence to distribute or supply gas;

exempt gas seller means a person who, by Order made under section 24, is exempt from the requirement—

(a)to obtain a licence to sell gas; or

(b)to obtain registration under section 91BJ or 91LB of the National Gas (Victoria) Law;

gas payment assistance application means an application to an entity responsible for a rebate, concession or relief scheme available under any government funded gas charge rebate, concession or relief scheme;

intention to disconnect notice means a notice, specifying the matters required to be specified under an applicable Code, notifying a relevant customer of a gas retailer's or an exempt gas seller's intention to arrange for the supply of gas at the customer's premises to be disconnected;

life support customer means—

(a)a relevant customer who is a life support resident; or

(b)a relevant customer at whose premises a life support resident (who is not the relevant customer) resides or intends to reside;

life support customer details, in relation to a relevant customer, means—

(a)the information that evidences that the relevant customer is a life support customer; and

(b)the personal details of each life support resident residing or intending to reside at the premises of the life support customer; and

(c)the date from which life support equipment is required at the premises of the life support customer by each life support resident;

life support equipment means any of the following—

(a)an oxygen concentrator;

(b)an intermittent peritoneal dialysis machine;

(c)a kidney dialysis machine;

(d)a chronic positive airways pressure respirator;

(e)crigler najjar syndrome phototherapy equipment;

(f)a ventilator for life support;

(g)any other equipment requiring gas that a registered medical practitioner certifies is required for a life support resident;

(h)equipment (other than equipment referred to in paragraphs (a) to (g)) specified under an applicable Code for the purposes of this definition;

life support resident means a person who requires life support equipment;

move-in customer means a person described in section 48DD(2)(b);

protected period means—

(a)the period of a business day—

(i)for a residential customer—before 8 a.m. or after 2 p.m.; or

(ii)for a small business customer—before 8 a.m. or after 3 p.m.; or

(b)a Friday; or

(c)a weekend or a public holiday; or

(d)the day before a public holiday; or

(e)the days starting on 20 December and ending at midnight on 31 December in any year; or

(f)a period specified under an applicable Code for the purposes of this definition;

public holiday means a day appointed under the Public Holidays Act 1993;

register of life support customers and residents means a register established and maintained under section 48DX;

registered life support customer, in relation to a gas retailer or an exempt gas seller, means a life support customer who is registered in the register of life support customers and residents established and maintained by that gas retailer or exempt gas seller, as the case requires;

relevant assistance means assistance—

(a)in accordance with a financial hardship policy within the meaning of section 48G(3); or

(b)specified under an applicable Code for the purposes of this definition;

relevant customer has the meaning given by section 48DD;

reminder notice means a notice, specifying the matters required to be specified under an applicable Code, reminding a relevant customer that payment of a gas bill is required;

residential customer means a relevant customer who purchases gas principally for personal, household or domestic use;

security deposit means an amount of money paid or payable under a supply and sale contract as a security against non-payment of a gas bill;

small business customer means a relevant customer who is not a residential customer.

48DDMeaning of relevant customer

(1)In this Division, a relevant customer is—

(a)in relation to a gas retailer, a relevant customer within the meaning of section 43(6); or

Note

A relevant customer of a gas retailer includes a person who has a deemed contract with the gas retailer under section 46(1) or (2).

(b)in relation to an exempt gas seller, a person—

(i)to whom the exempt gas seller supplies or sells gas under a supply and sale contract; and

(ii)whose total consumption of gas supplied or sold by the exempt gas seller does not exceed more than 1000 gigajoules in any given year.

(a)the relevant customer does not allow access to the customer's premises for the reading of the meter at the premises for 3 consecutive scheduled meter readings; and

(b)at the time of each of those scheduled meter readings, the gas retailer or exempt gas seller took all reasonable steps to contact the relevant customer in one or more of the following ways to make alternative arrangements to access the customer's premises—

(i)in person;

(ii)by telephone;

(iii)by electronic communication; and

(c)the gas retailer or exempt gas seller, on each of the occasions access is denied, arranges for the relevant customer to be given a notice in accordance with any requirements under an applicable Code (an access request notice)—

(i)requesting access to the meter; and

(ii)advising of the gas retailer's or exempt gas seller' ability to arrange for disconnection of the supply of gas at the customer's premises; and

(d)no earlier than 5 business days after the third access request notice is given to the relevant customer, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and

(e)after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and

(f)after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the gas retailer or exempt gas seller access to the customer's premises to read the meter.

(2)The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.

48DSSupply of gas may be disconnected if there is taking of gas without notification by customer

(1)Subject to section 48DU, a gas retailer, or an exempt gas seller specified under an applicable Code for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected if—

(a)the relevant customer—

(i)has a deemed contract with the gas retailer under section 46(1) or (2); or

(ii)is a carry-over customer; or

(iii)is a move-in customer; and

(b)the relevant customer refuses or fails to take appropriate steps to enter into a supply and sale contract with the gas retailer or exempt gas seller; and

(c)the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and

(d)after the expiry of the period specified in the intention to disconnect notice, the gas retailer or exempt gas seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and

(e)after the expiry of the period specified in the disconnection warning notice, the relevant customer does not take appropriate steps to enter into a supply and sale contract with the gas retailer or exempt gas seller.

(2)The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.

(3)For the purposes of this section, the gas retailer or exempt gas seller is not required to find out the name or particulars of the relevant customer consuming gas supplied at the premises before disconnecting the supply of gas.

48DTSupply of gas may be disconnected if it occurs in the prescribed circumstances

Subject to section 48DU, a gas retailer or an exempt gas seller who is prescribed for the purposes of this section, may arrange for the supply of gas at a relevant customer's premises to be disconnected—

(a)in the prescribed circumstances (if any); and

(b)in accordance with the prescribed requirements (if any).

48DURestrictions on gas retailer or exempt gas seller disconnecting supply of gas

A gas retailer or exempt gas seller must not arrange for the supply of gas to a relevant customer's premises to be disconnected—

(a)if the relevant customer is a registered life support customer; or

(b)if there is a disconnection related complaint that is unresolved; or

(c)if the relevant customer is receiving relevant assistance and is complying with the terms and conditions of that assistance; or

(d)if the relevant customer advises the gas retailer or exempt gas seller, or the gas retailer or exempt gas seller is otherwise aware, that the customer has made a gas payment assistance application and the application has not been decided; or

(e)during a protected period; or

(f)in the prescribed circumstances.

Subdivision 4—Disconnection for fraudulent or illegal taking of gas

48DVSupply of gas may be disconnected if gas taken by fraudulent or illegal means—gas retailers

(1)Subject to subsection (2), a gas retailer may arrange for the supply of gas at a person's premises to be disconnected if—

(a)a person at the premises takes the supply of gas without a supply and sale contract with the gas retailer for the taking of that gas; and

(b)the person does not have a deemed contract with the gas retailer under section 46(1) or (2) because of section 46(8) or (9).

(2)A gas retailer must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) if—

(a)the person was a relevant customer of the gas retailer; and

(b)the person was a registered life support customer in relation to the gas retailer immediately before taking the supply of gas without a supply and sale contract with the gas retailer; and

(c)at the time at which disconnection of the supply of gas is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the gas retailer.

(3)A gas retailer who arranges for the supply of gas at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding 6000 penalty units.

(4)An offence against subsection (3) is an indictable offence.

(5)A gas retailer must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) except in accordance with this section.

Penalty:600 penalty units.

48DWSupply of gas may be disconnected if gas taken by fraudulent or illegal means—exempt gas sellers

(1)Subject to subsection (2), an exempt gas seller specified under an applicable Code for the purposes of this section may arrange for the supply of gas at a person's premises to be disconnected in accordance with any requirements under an applicable Code if—

(a)the person takes the supply of gas by fraudulent or illegal means; and

(b)the person does not have a supply and sale contract with the exempt gas seller.

(2)An exempt gas seller must not arrange for the supply of gas at a person's premises to be disconnected under subsection (1) if—

(a)the person was a relevant customer (as described in section 48DD(1)(b)) of the exempt gas seller; and

(b)the person was a registered life support customer in relation to the exempt gas seller immediately before taking the supply of gas without a supply and sale contract with the exempt gas seller; and

(c)at the time at which disconnection of the supply of gas is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the exempt gas seller.

(3)An exempt gas seller who arranges for the supply of gas at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding—

(a)in the case of a natural person, 1200 penalty units or 10 years imprisonment; or

(b)in the case of a body corporate, 6000 penalty units.

(4)An offence against subsection (3) is an indictable offence.

(5)An exempt gas seller must not arrange for the supply of gas at person's premises to be disconnected under subsection (1) except in accordance with this section.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

Subdivision 5—Register of life support customers and residents

48DXRegister of life support customers and residents

(1)A gas retailer or an exempt gas seller must establish and maintain a register of life support customers and life support residents.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(2)A gas retailer or an exempt gas seller must not remove any life support customer details relating to a registered life support customer from a register of life support customers and residents except—

(a)at the request of the registered life support customer in accordance with an applicable Code; or

(b)as provided under an applicable Code.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(3)A gas retailer or an exempt gas seller may maintain the register of life support customers and residents in any form and manner determined by the gas retailer or exempt gas seller.

Subdivision 6—Miscellaneous

48DYAlternative verdict for charge of knowingly or recklessly disconnecting supply of gas at premises

(1)This section applies if, on the trial of a gas retailer or an exempt gas seller charged with an offence against section 48DF(1), 48DV(3) or 48DW(3), the jury are not satisfied that the gas retailer or exempt gas seller is guilty of the offence charged, but are satisfied that the gas retailer or exempt gas seller is guilty of an offence against section 48DG, 48DV(5) or 48DW(5) (as the case requires).

(2)The jury may acquit the gas retailer or exempt gas seller of the offence charged and find the gas retailer or exempt gas seller guilty of an offence against section 48DG, 48DV(5) or 48DW(5) (as the case requires) and the gas retailer or exempt gas seller is liable to punishment accordingly.".

24Section 48K repealed

Section 48K of the Gas Industry Act 2001 is repealed.

Division 3—Enforcement

25Condition to give information to Commission

At the foot of section 33 of the Gas Industry Act 2001 insert—

"Note

Section 229A contains offences in relation to licensees giving information or producing documents to the Commission that are misleading in any material particular.".

26New sections 229A to 229E inserted

After section 229 of the Gas Industry Act 2001 insert—

"229A   Offence to give false or misleading information or documents

(1)A licensee must not give the Commission information that the licensee is required to give to the Commission under or for the purposes of this Act that the licensee knows—

(a)to be false or misleading in any material particular; or

(b)omits any matter or thing without which the information is misleading.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(2)A licensee must not produce a document to the Commission that the licensee is required to produce to the Commission under or for the purposes of this Act if—

(a)the licensee knows that the document is false or misleading in a material particular; and

(b)the licensee does not indicate the respect in which the document is false or misleading.

Penalty:In the case of a natural person, 120 penalty units or 12 months imprisonment;

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

(3)An offence against subsection (1) or (2) is an indictable offence.

229BMonetary benefits orders

(1)If a court finds a person guilty of an offence against Division 4AA of Part 3 or section 229A(1) or (2), the court may, on the application of the Commission, make an order under subsection (2).

(2)The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents 3 times the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the offence.

(3)Any amounts received by the Commission pursuant to an order under subsection (2) are to be paid into the Consolidated Fund.

229CDetermining amount to be paid under monetary benefits order

(1)When determining an amount that the person must pay under an order made under section 229B(2), the court may take into account—

(a)the person's financial circumstances; and

(b)any amount submitted to the court by the Commission under subsection (2).

(2)The Commission, or a person authorised by the Commission, may submit to the court the amount the Commission considers to be a reasonable estimate of the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which the order under section 229B(2) is sought, as determined in accordance with—

(a)a prescribed guideline, method or protocol; or

(b)any other method the Commission considers appropriate.

(3)For the purposes of section 229B(2), the court may assume that an amount represents the amount of any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of the offence if—

(a)the Commission submits that amount to the court under subsection (2); and

(b)the Commission determined that amount in accordance with a prescribed guideline, method or protocol.

(4)The amount of money that the court may order a person to pay under section 229B(2) is not limited by—

(a)any penalty that may be imposed under this Act; or

(b)the jurisdictional limit for a civil proceeding specified under section 100(1) of the Magistrates' Court Act 1989.

(5)Nothing in an order made under section 229B(2) or in this section affects the operation of Part 8 of the Confiscation Act 1997.

229DRecovery of amounts ordered to be paid

If a court orders a person to pay an amount under an order made under section 229B(2)—

(a)the amount is a debt due to the State; and

(b)the Commission may, on behalf of the State, recover the amount in any court of competent jurisdiction.

229EAdverse publicity orders

(1)If a court finds a person guilty of an offence against Division 4AA of Part 3 or section 229A(1) or (2), the court may make an adverse publicity order against the person.

(2)In making an adverse publicity order, the court may—

(a)specify the period within which the order must be complied with; and

(b)impose any other requirement that the court considers necessary or expedient to make the order effective.

(3)This section does not limit a court's powers under any other provision of this Act or any other Act.

(4)In this section—

adverse publicity order means an order that—

(a)requires a person to disclose, in the way and to the persons specified in the order, such information as is so specified, being information that the person has possession of or access to; or

(b)requires a person to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.".

Division 4—Victorian default offer amendments

27Definitions

In section 3 of the Gas Industry Act 2001, in the definition of licensee standing offer, for paragraph (a) substitute—

"(a)the tariffs fixed under an Order in force under section 21 or determined under a price determination in force under such an Order or, if there are no such tariffs, the tariffs determined by a licensee under section 42(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee as provided for under section 42(3); and".

28Offer to domestic or small business customers (licensee standing offers)

For section 42(1)(a) of the Gas Industry Act 2001 substitute—

"(a)at tariffs fixed under an Order in force under section 21 or determined under a price determination in force under such an Order or, if there are no such tariffs, at tariffs determined by the licensee and published by the licensee in the Government Gazette at least one month before they take effect; and".

29Required tariff information and licensee contact information to be published in newspaper and Government Gazette

In section 42D(2) of the Gas Industry Act 2001, in the definition of tariff variation information—

(a)in paragraph (a), after "gas" insert "determined by a licensee under section 42(1)(a)";

(b)in paragraph (b)—

(i)after "gas" insert "determined by a licensee under section 42(1)(a)";

(ii)for "that section" substitute "section 42".

Division 5—Other amendments

30Regulations

(1)For section 236(4)(a) of the Gas Industry Act 2001 substitute—

"(a)so as to be of general or limited application;

(ab)so as to differ according to time, place or circumstance;".

(2)For section 236(4)(d) of the Gas Industry Act 2001 substitute—

"(d)so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person;".

Part 4—Consequential amendments of other Acts

Division 1—Amendment of the Criminal Procedure Act 2009

31Schedule 2 amended

(1)In Schedule 2 to the Criminal Procedure Act 2009, after item 7.3 insert—

"7.4Offences under section 40SD(1) of the Electricity Industry Act 2000.

7.5Offences under section 40SF(1), (2) or (3) of the Electricity Industry Act 2000.

7.6Offences under section 40ST(3) of the Electricity Industry Act 2000.

7.7Offences under section 40SU(3) of the Electricity Industry Act 2000.

7.8Offences under section 116AA(1) or (2) of the Electricity Industry Act 2000.".

(2)In Schedule 2 to the Criminal Procedure Act 2009, after item 13.3 insert—

"13.4Offences under section 48DF(1) of the Gas Industry Act 2001.

13.5Offences under section 48DH(1), (2) or (3) of the Gas Industry Act 2001.

13.6Offences under section 48DV(3) of the Gas Industry Act 2001.

13.7Offences under section 48DW(3) of the Gas Industry Act 2001.

13.8Offences under section 229A(1) or (2) of the Gas Industry Act 2001.".

Division 2—Amendment of the Essential Services Commission Act 2001

32Commission's energy industry compliance and enforcement functions

After section 10AA(b) of the Essential Services Commission Act 2001 insert—

"(ba)to commence and conduct proceedings in relation to contraventions of the Electricity Industry Act 2000 and Gas Industry Act 2001 by—

(i)energy licensees; or

(ii)relevant exempt persons within the meaning of section 33B of the Electricity Industry Act 2000; or

(iii)persons who are exempt from the requirement to obtain a licence in respect of the sale of gas by retail under the Gas Industry Act 2001 because of an Order under section 24 of that Act; and".

33Enforcement orders

(1)In section 53(2) of the Essential Services Commission Act 2001, for "The Commission" substitute "Subject to this section, the Commission".

(2)After section 53(2) of the Essential Services Commission Act 2001 insert—

"(2A)The Commission cannot serve a provisional order or final order in respect of a contravention of the condition of a licence under section 40EB(1)(b) or (c) of the Electricity Industry Act 2000 or section 48DB(1)(b) or (c) of the Gas Industry Act 2001 if—

(a)the contravention by the energy retailer was by mistake; or

(b)the energy retailer took reasonable precautions, and exercised due diligence, to avoid the contravention.".

34Civil penalty

(1)After section 54A(1)(a)(ii) of the Essential Services Commission Act 2001 insert—

"(iia)a term, condition or limitation applying to an Order made under section 17 of the Electricity Industry Act 2000 or section 24 of the Gas Industry Act 2001; or".

(2)In section 54A(2) of the Essential Services Commission Act 2001, for "The Commission" substitute "Subject to this section, the Commission".

(3)After section 54A(2) of the Essential Services Commission Act 2001 insert—

"(2A)The Commission cannot serve a notice under subsection (2)(a) in respect of a contravention of the condition of a licence under section 40EB(1)(b) or (c) of the Electricity Industry Act 2000 or section 48DB(1)(b) or (c) of the Gas Industry Act 2001 if—

(a)the contravention by the energy retailer was by mistake; or

(b)the energy retailer took reasonable precautions, and exercised due diligence, to avoid the contravention.".

35Definitions and interpretation

(1)In the heading to section 54E of the Essential Services Commission Act 2001, after "Definitions" insert "and interpretation".

(2)At the end of section 54E of the Essential Services Commission Act 2001 insert—

"(2)In this Subdivision, a reference to an energy licensee includes a reference to—

(a)a relevant exempt person within the meaning of section 33B of the Electricity Industry Act 2000; or

(b)a person who is exempt from the requirement to obtain a licence in respect of the sale of gas by retail under the Gas Industry Act 2001 because of an Order under section 24 of that Act.".

36Meaning of energy industry contravention

After section 54F(1)(a) of the Essential Services Commission Act 2001 insert—

"(ab)a contravention of a prescribed term, condition or limitation applying to an Order made under section 17 of the Electricity Industry Act 2000 or section 24 of the Gas Industry Act 2001 in a prescribed circumstance; or".

Part 5—Repeal of this Act

37Repeal of this Act

This Act is repealed on 1 May 2023.

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: 26 May 2021

Legislative Council: 10 June 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Industry Act 2000 and the Gas Industry Act 2001 and to make related amendments to the Criminal Procedure Act 2009 and the Essential Services Commission Act 2001 and for other purposes."