Energy Legislation Amendment (Energy Safety) Act 2023 (Vic)
Energy Legislation Amendment (Energy Safety) Act 2023
No. 22 of 2023
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Electricity Safety Act 1998
3Definitions
4New section 3B inserted
5Funding
6General duties of owners or operators of complex electrical installations and railways
7General duty of specified operators to minimise bushfire danger
8Submission of bushfire mitigation plans for acceptance
9Compliance with bushfire mitigation plan
10Offences against Code
11General duty of major electricity companies
12Electricity safety management scheme
13Compliance with electricity safety management scheme
14Revision of electricity safety management scheme—change
15Revision of electricity safety management scheme—each 5 years
16Offence to fail to submit revised electricity safety management scheme on request
17Submission of bushfire mitigation plans for acceptance
18Compliance with bushfire mitigation plan
19Accepted bushfire mitigation plan forms part of accepted ESMS
20New Division 2B of Part 10 inserted
21Electricity safety management scheme for owner of complex electrical installation
22Exemption from certain provisions of Act or regulations
23Compliance with electricity safety management scheme
24Revision of voluntary electricity safety management scheme—each 5 years
25Revision of voluntary electricity safety management scheme—change
26Energy Safe Victoria may request submission of revised electricity safety management scheme
27Compliance with request
28Lapsing of electricity safety management scheme
29Duty of employer of electrical workers
30Duty of occupier of specified premises
31Duty of owner of complex electrical installation
32Compliance audits—independent audits
33Compliance audits—Energy Safe Victoria
34Return of things seized
35Chairperson of Energy Safe Victoria may give directions
36Information notices
37New Division 1A of Part 12 inserted
38Notification of serious electrical incidents
39New section 142A inserted
40Period within which proceedings for offences may be brought
Part 3—Amendment of Gas Safety Act 1997
41General duties of gas companies
42Gas quality
43Offence to supply or sell gas for unsafe gas installation
44New section 36A inserted
45Safety case
46Compliance with safety case
47Revision of safety case—change
48Revision of safety case—each 5 years
49Offence to fail to submit revised safety case on request
50Compliance with safety case
51Revision of safety case—each 5 years
52Compliance with request
53Duty of operator of complex gas installation
54Duty of manufacturer of Type B appliances
55Duty of manufacturer of complex gas installations
56Return of things seized
57New Division 1A of Part 6 inserted
58Period within which proceedings for offences may be brought
Part 4—Amendment of Pipelines Act 2005
59Construction to comply with standards and conditions
60Pipelines and railways
61Pipelines, roads, bridges and road infrastructure
62Pipelines and electrical apparatus and other pipelines
63Operation to comply with standards, specifications and conditions
64Only authorised things to be conveyed through pipeline
65Minister may impose requirements
66Minister may restrict use of pipeline
67Duties of licensee for safety and environment protection
68No operation without accepted Plan
69Plan must be observed in carrying out operation
70Review of Safety Management Plan
71No operation without accepted Plan
72Plan must be observed in carrying out operation
73Review of Environment Management Plan
74New Division 1A of Part 11 inserted
Part 5—Repeal of this Act
75Repeal of this Act
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Endnotes
1 General information
Energy Legislation Amendment (Energy Safety) Act 2023
No. 22 of 2023
[Assented to 22 August 2023]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Electricity Safety Act 1998 in relation to—
(i)requirements for certain owners and operators of electrical installations; and
(ii)general duties of owners and operators of complex electrical installations and railways; and
(iii)modifications of supply networks and changes to safety management systems; and
(iv)revised electricity safety management schemes and bushfire mitigation plans; and
(v)voluntary electricity safety management schemes for operators of complex electrical installations; and
(vi)the period within which things seized by enforcement officers must be returned; and
(vii)preservation of serious electrical incident sites; and
(viii)acceptance and enforcement of written undertakings; and
(ix)the period within which a proceeding for an offence against that Act may be commenced; and
(x)penalties for offences against that Act; and
(b)to amend the Gas Safety Act 1997 in relation to—
(i)preservation of gas incident sites; and
(ii)modifications of facilities and changes to safety management systems; and
(iii)revised safety cases; and
(iv)the period within which things seized by inspectors must be returned; and
(v)acceptance and enforcement of written undertakings; and
(vi)the period within which a proceeding for an offence against that Act may be commenced; and
(vii)penalties for offences against that Act; and
(c)to amend the Pipelines Act 2005 in relation to—
(i)acceptance and enforcement of written undertakings; and
(ii)penalties for offences against that Act.
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 16 May 2024, it comes into operation on that day.
PART 2—AMENDMENT OF ELECTRICITY SAFETY ACT 1998
3Definitions
In section 3 of the Electricity Safety Act 1998—
(a)insert the following definitions—
"declared installation, in relation to a declared owner or operator, means the electrical installation or the part of an electrical installation specified in a declaration made under section 3B in respect of that owner or operator;
declared owner or operator means an owner or operator of an electrical installation in respect of whom a declaration is made under section 3B;";
(b)in the definition of accepted ESMS operator, after paragraph (a) insert—
"(ab)a declared owner or operator whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 2 of Part 10; or";
(c)in the definition of bushfire mitigation plan, after "113A(1)" insert "or (1A)";
(d)in the definition of fire control authority, in paragraph (b), for "Department of Natural Resources and Environment" substitute "Department of Energy, Environment and Climate Action".
4New section 3B inserted
After section 3A of the Electricity Safety Act 1998 insert—
"3B Declaration of certain owners and operators of electrical installations
The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may declare for the purposes of this Act that an owner or operator of an electrical installation, or a class of owner or operator of an electrical installation, is the declared owner or operator in respect of any electrical installation, or any part of an electrical installation, specified in the Order.".
5Funding
(1)In section 8 of the Electricity Safety Act 1998—
(a)after "distribution company" (where first occurring) insert "or transmission company";
(b)for "that distribution company" substitute "that company".
(2)At the end of section 8 of the Electricity Safety Act 1998 insert—
"(2)A declared owner or operator must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that declared owner or operator in respect of the reasonable costs and expenses of Energy Safe Victoria.".
6General duties of owners or operators of complex electrical installations and railways
For section 75(1) and (2) of the Electricity Safety Act 1998 substitute—
"(1)An owner or operator of a complex electrical installation must design, construct, operate, maintain and decommission the installation to minimise as far as practicable—
(a)the hazards and risks to the safety of any person arising from the installation; and
(b)the hazards and risks of damage to the property of any person arising from the installation; and
(c)the bushfire danger arising from the installation.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
(2)An owner or operator of a railway must design, construct, operate, maintain and decommission the supply network of the railway to minimise as far as practicable—
(a)the hazards and risks to the safety of any person arising from the supply network; and
(b)the hazards and risks of damage to the property of any person arising from the supply network; and
(c)the bushfire danger arising from the supply network.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.".
7General duty of specified operators to minimise bushfire danger
In the penalty at the foot of section 83B(1) of the Electricity Safety Act 1998—
(a)for "300 penalty units" substitute "1800 penalty units";
(b)for "1500 penalty units" substitute "9000 penalty units".
8Submission of bushfire mitigation plans for acceptance
In the penalty at the foot of section 83BA(1) of the Electricity Safety Act 1998—
(a)for "300 penalty units" substitute "600 penalty units";
(b)for "1500 penalty units" substitute "3000 penalty units".
9Compliance with bushfire mitigation plan
In the penalty at the foot of section 83BB(1) and (2) of the Electricity Safety Act 1998—
(a)for "300 penalty units" substitute "1200 penalty units";
(b)for "1500 penalty units" substitute "6000 penalty units".
10Offences against Code
In the penalty at the foot of section 90 of the Electricity Safety Act 1998—
(a)for "50 penalty units" substitute "100 penalty units";
(b)for "250 penalty units" substitute "500 penalty units".
11General duty of major electricity companies
In the penalty at the foot of section 98 of the Electricity Safety Act 1998—
(a)for "300 penalty units" substitute "1800 penalty units";
(b)for "1500 penalty units" substitute "9000 penalty units".
12Electricity safety management scheme
(1)In the penalty at the foot of section 99(1) of the Electricity Safety Act 1998—
(a)for "300 penalty units" substitute "600 penalty units";
(b)for "1500 penalty units" substitute "3000 penalty units".
(2)In section 99(2A) of the Electricity Safety Act 1998, after "plan" insert "prepared under section 113A".
13Compliance with electricity safety management scheme
(1)In the penalty at the foot of section 106(1), (2), (3) and (4) of the Electricity Safety Act 1998—
(a)for "300 penalty units" substitute "1200 penalty units";
(b)for "1500 penalty units" substitute "6000 penalty units".
(2)In section 106(4) of the Electricity Safety Act 1998—
(a)in paragraphs (a) and (b) omit "significantly";
(b)in paragraph (c) omit "significant".
14Revision of electricity safety management scheme—change
In section 107 of the Electricity Safety Act 1998—
(a)in paragraphs (b) and (c), for "a significant increase" substitute "an increase";
(b)in paragraph (d) omit "significant".
15Revision of electricity safety management scheme—each 5 years
For section 108 of the Electricity Safety Act 1998 substitute—
"108 Revision of electricity safety management scheme—every 5 years
(1)A major electricity company must submit a revised electricity safety management scheme for a supply network of the company to Energy Safe Victoria at the end of a review period.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)In this section—
relevant day means the day on which section 15 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;
review period means—
(a)either—
(i)for an accepted ESMS in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or
(ii)for any other accepted ESMS, the period of 5 years commencing on the day on which it is first accepted; and
(b)every subsequent period of 5 years commencing on the day after the day on which the previous period ends.".
16Offence to fail to submit revised electricity safety management scheme on request
In the penalty at the foot of section 110 of the Electricity Safety Act 1998—
(a)for "80 penalty units" substitute "300 penalty units";
(b)for "400 penalty units" substitute "1500 penalty units".
17Submission of bushfire mitigation plans for acceptance
(1)For section 113A(1) of the Electricity Safety Act 1998 substitute—
"(1)A major electricity company must prepare and submit to Energy Safe Victoria, for acceptance under this Division, a plan for the company's proposals for mitigation of bushfire in relation to the company's supply network.
Penalty:In the case of a natural person, 600 penalty units;
In the case of a body corporate, 3000 penalty units.
(1A)A major electricity company must prepare and submit to Energy Safe Victoria, for acceptance under this Division, a revised plan for the company's proposals for mitigation of bushfire in relation to the company's supply network at the end of a review period.
Penalty:In the case of a natural person, 600 penalty units;
In the case of a body corporate, 3000 penalty units.".
(2)In section 113A(2) of the Electricity Safety Act 1998, for "subsection (1)" substitute "subsection (1) or (1A)".
(3)After section 113A(3) of the Electricity Safety Act 1998 insert—
"(4)In this section—
relevant day means the day on which section 17 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;
review period means—
(a)either—
(i)for an accepted bushfire mitigation plan in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or
(ii)for any other accepted bushfire mitigation plan, the period of 5 years commencing on the day on which it is first accepted; and
(b)every subsequent period of 5 years commencing on the day after the day on which the previous period ends.".
18Compliance with bushfire mitigation plan
In the penalty at the foot of section 113B(1) and (2) of the Electricity Safety Act 1998—
(a)for "300 penalty units" substitute "1200 penalty units";
(b)for "1500 penalty units" substitute "6000 penalty units".
19Accepted bushfire mitigation plan forms part of accepted ESMS
Section 113D(3) of the Electricity Safety Act 1998 is repealed.
20New Division 2B of Part 10 inserted
After Division 2A of Part 10 of the Electricity Safety Act 1998 insert—
"Division 2B—Requirements for declared owners and operators
113GGeneral duty of declared owners and operators
A declared owner or operator must design, construct, operate, maintain and decommission its declared installation to minimise as far as practicable—
(a)the hazards and risks to the safety of any person arising from the installation; and
(b)the hazards and risks of damage to the property of any person arising from the installation; and
(c)the bushfire danger arising from the installation.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
113HMandatory electricity safety management schemes for declared owners and operators
(1)Subject to this section, Division 2 applies to a declared owner or operator in respect of its declared installation as if—
(a)a reference to a major electricity company were a reference to a declared owner or operator; and
(b)a reference to a supply network were a reference to a declared installation; and
(c)the reference in section 99(2)(b)(i) to duties under Division 1 were a reference to duties under section 113G; and
(d)the reference in section 113 to a duty or obligation set out in Division 1 were a reference to a duty or obligation set out in section 113G.
(2)If a declared installation is in operation immediately before the day on which a declaration under section 3B takes effect in respect of that installation, the electricity safety management scheme for that installation must be submitted to Energy Safe Victoria before the first anniversary of that day.
113IOngoing bushfire mitigation plan requirements for declared owners and operators
(1)Division 2A (except sections 113C and 113F) applies to a declared owner or operator in respect of its declared installation as if—
(a)a reference to a major electricity company were a reference to a declared owner or operator; and
(b)a reference to a supply network were a reference to a declared installation.
(2)Sections 83BC to 83BH apply to the validation, acceptance, provisional acceptance, non-acceptance and determination by Energy Safe Victoria of a bushfire mitigation plan for a declared owner or operator in respect of its declared installation as if—
(a)a reference to a specified operator were a reference to a declared owner or operator; and
(b)a reference to an at-risk electric line were a reference to a declared installation; and
(c)a reference to a bushfire mitigation plan submitted under section 83BA were a reference to a bushfire mitigation plan submitted under Division 2A.
113JEnergy Safe Victoria may exempt declared owners and operators from certain requirements
Energy Safe Victoria may exempt a declared owner or operator from compliance with—
(a)any regulations relating to the operation, maintenance or decommissioning of its declared installation; or
(b)section 44(2), 45(1), (2) or (3) or 45A.".
21Electricity safety management scheme for owner of complex electrical installation
(1)In the heading to section 116 of the Electricity Safety Act 1998, after "owner" insert "or operator".
(2)In section 116(1) of the Electricity Safety Act 1998—
(a)after "owner" insert "or operator";
(b)for "the owner's" substitute "its".
(3)In section 116(3)(a)(i) of the Electricity Safety Act 1998, after "owner" insert "or operator".
22Exemption from certain provisions of Act or regulations
In section 117(2A) of the Electricity Safety Act 1998, after "owner" insert "or operator".
23Compliance with electricity safety management scheme
(1)In the penalty at the foot of section 118(1), (2) and (3) of the Electricity Safety Act 1998—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
(2)In section 118(3) of the Electricity Safety Act 1998—
(a)after "owner" insert "or operator";
(b)for "that owner's" substitute "its".
24Revision of voluntary electricity safety management scheme—each 5 years
For section 119 of the Electricity Safety Act 1998 substitute—
"119 Revision of voluntary electricity safety management scheme—every 5 years
(1)A voluntary ESMS operator must submit a revised electricity safety management scheme, for a complex electrical installation or electrical work to which an accepted ESMS applies, to Energy Safe Victoria at the end of a review period.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)In this section—
relevant day means the day on which section 24 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;
review period means—
(a)either—
(i)for an accepted ESMS in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or
(ii)for any other accepted ESMS, the period of 5 years commencing on the day on which it is first accepted; and
(b)every subsequent period of 5 years commencing on the day after the day on which the previous period ends.".
25Revision of voluntary electricity safety management scheme—change
In section 120 of the Electricity Safety Act 1998—
(a)in paragraphs (b) and (c), for "a significant increase" substitute "an increase";
(b)in paragraph (d) omit "significant".
26Energy Safe Victoria may request submission of revised electricity safety management scheme
In section 120A(1)(c) of the Electricity Safety Act 1998, after "owner" insert "or operator".
27Compliance with request
In the penalty at the foot of section 120B of the Electricity Safety Act 1998—
(a)for "80 penalty units" substitute "300 penalty units";
(b)for "400 penalty units" substitute "1500 penalty units".
28Lapsing of electricity safety management scheme
For section 120C(2)(b) of the Electricity Safety Act 1998 substitute—
"(b)the complex electrical installation of the owner or operator.".
29Duty of employer of electrical workers
In the penalty at the foot of section 120D of the Electricity Safety Act 1998—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
30Duty of occupier of specified premises
In the penalty at the foot of section 120E of the Electricity Safety Act 1998—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
31Duty of owner of complex electrical installation
(1)In the heading to section 120F of the Electricity Safety Act 1998, after "owner" insert "or operator".
(2)In section 120F of the Electricity Safety Act 1998, after "owner" insert "or operator".
(3)In the penalty at the foot of section 120F of the Electricity Safety Act 1998—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
32Compliance audits—independent audits
In section 120H(1)(a)(ii) of the Electricity Safety Act 1998, for "or complex electrical installation" substitute ", complex electrical installation or declared installation".
33Compliance audits—Energy Safe Victoria
In section 120I(b) of the Electricity Safety Act 1998, for "or complex electrical installation" substitute ", complex electrical installation or declared installation".
34Return of things seized
In section 126(2) of the Electricity Safety Act 1998, for "14 days" (where twice occurring) substitute "60 days".
35Chairperson of Energy Safe Victoria may give directions
In section 141(3) of the Electricity Safety Act 1998, in the definition of relevant person, before paragraph (a) insert—
"(aa)a declared owner or operator; or".
36Information notices
For section 141AB(1) of the Electricity Safety Act 1998 substitute—
"(1)Energy Safe Victoria, by written notice, may require a person to give Energy Safe Victoria information in the person's possession or control that Energy Safe Victoria reasonably requires for the purpose of verifying—
(a)the performance of distribution companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10; or
(b)the performance of transmission companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10; or
(c)the performance of declared owners or operators in complying with Part 10.".
37New Division 1A of Part 12 inserted
At the end of Division 1 of Part 12 of the Electricity Safety Act 1998 insert—
"Division 1A—Enforceable undertakings
141DEnergy Safe Victoria may accept written undertakings
(1)Energy Safe Victoria, by written notice, may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.
(2)A person may withdraw or vary an undertaking accepted under subsection (1) with the written consent of Energy Safe Victoria.
(3)A person who gives an undertaking accepted under subsection (1) must not contravene that undertaking.
Penalty:In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.
(4)Energy Safe Victoria must not commence a proceeding for an offence against this Act or the regulations, constituted by a contravention or alleged contravention to which an undertaking accepted under subsection (1) relates, if the undertaking—
(a)is in effect and is being satisfied; or
(b)has been fully satisfied and discharged.
141EEnforcement of written undertakings
(1)If Energy Safe Victoria considers that a person has contravened an undertaking given by the person and accepted under section 141D, Energy Safe Victoria may apply to the Magistrates' Court for an order under subsection (2).
(2)If the Court is satisfied that a person has contravened an undertaking given by the person and accepted under section 141D, the Court may make—
(a)an order that the person comply with the undertaking or take specified action to comply with the undertaking; or
(b)any other order that the Court considers appropriate.".
38Notification of serious electrical incidents
After section 142(2) of the Electricity Safety Act 1998 insert—
"(2A)A declared owner or operator must report to Energy Safe Victoria in accordance with the regulations any serious electrical incident which occurs in relation to its declared installation.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.".
39New section 142A inserted
After section 142 of the Electricity Safety Act 1998 insert—
"142A Preservation of serious electrical incident sites
(1)Subject to subsection (2), an electricity supplier that is required to report a serious electrical incident under section 142 must not fail, without reasonable excuse, to ensure that the site of the incident is not disturbed until an enforcement officer directs otherwise.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)The site of a serious electrical incident may be disturbed for the purpose of—
(a)protecting the health or safety of any person; or
(b)aiding an injured person who was involved in the incident; or
(c)taking action necessary to make the site safe or to prevent a further serious electrical incident; or
(d)restoring supply of electricity.".
40Period within which proceedings for offences may be brought
For section 148A of the Electricity Safety Act 1998 substitute—
"148A When proceedings for offences may be commenced
(1)Subject to subsection (2), despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006)—
(a)Energy Safe Victoria may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after it becomes aware of the commission of the alleged offence; and
(b)any other person may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after the commission of the alleged offence.
(2)Energy Safe Victoria must not commence a proceeding for an offence against section 141D(3) or any other offence against this Act or the regulations constituted by a contravention or alleged contravention to which an undertaking accepted under section 141D relates unless it does so within the period of 6 months after the day on which it—
(a)becomes aware that the undertaking has been contravened; or
(b)consents to the withdrawal of the undertaking under section 141D(2).".
PART 3—AMENDMENT OF GAS SAFETY ACT 1997
41General duties of gas companies
In the penalty at the foot of section 32 of the Gas Safety Act 1997—
(a)for "300 penalty units" substitute "1800 penalty units";
(b)for "1500 penalty units" substitute "9000 penalty units".
42Gas quality
In the penalty at the foot of section 33(1) and (2) of the Gas Safety Act 1997—
(a)for "300 penalty units" substitute "1800 penalty units";
(b)for "1500 penalty units" substitute "9000 penalty units".
43Offence to supply or sell gas for unsafe gas installation
In the penalty at the foot of section 34(1) and (2) of the Gas Safety Act 1997—
(a)for "300 penalty units" substitute "1800 penalty units";
(b)for "1500 penalty units" substitute "9000 penalty units".
44New section 36A inserted
After section 36 of the Gas Safety Act 1997 insert—
"36A Preservation of gas incident sites
(1)Subject to subsection (2), a gas company that is required to report a gas incident under section 36 must not fail, without reasonable excuse, to ensure that the site of the gas incident is not disturbed until an inspector directs otherwise.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)The site of a gas incident may be disturbed for the purpose of—
(a)protecting the health or safety of any person; or
(b)aiding an injured person who was involved in the gas incident; or
(c)taking action necessary to make the site safe or to prevent a further gas incident; or
(d)restoring supply of gas.".
45Safety case
In the penalty at the foot of section 37(1) of the Gas Safety Act 1997—
(a)for "300 penalty units" substitute "600 penalty units";
(b)for "1500 penalty units" substitute "3000 penalty units".
46Compliance with safety case
(1)In the penalty at the foot of section 44(1), (2), (3) and (4) of the Gas Safety Act 1997—
(a)for "300 penalty units" substitute "1200 penalty units";
(b)for "1500 penalty units" substitute "6000 penalty units".
(2)In section 44(4) of the Gas Safety Act 1997—
(a)in paragraphs (a) and (b) omit "significantly";
(b)in paragraph (c) omit "significant".
47Revision of safety case—change
In section 45 of the Gas Safety Act 1997—
(a)in paragraph (b), for "a significant increase" substitute "an increase";
(b)in paragraph (c) omit "significantly";
(c)in paragraph (d) omit "significant".
48Revision of safety case—each 5 years
For section 46 of the Gas Safety Act 1997 substitute—
"46 Revision of safety case—every 5 years
(1)A gas company must submit a revised safety case for a facility of the company to Energy Safe Victoria at the end of a review period.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)In this section—
relevant day means the day on which section 48 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;
review period means—
(a)either—
(i)for an accepted safety case in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or
(ii)for any other accepted safety case, the period of 5 years commencing on the day on which it is first accepted; and
(b)every subsequent period of 5 years commencing on the day after the day on which the previous period ends.".
49Offence to fail to submit revised safety case on request
In the penalty at the foot of section 48 of the Gas Safety Act 1997—
(a)for "80 penalty units" substitute "300 penalty units";
(b)for "400 penalty units" substitute "1500 penalty units".
50Compliance with safety case
In the penalty at the foot of section 56(1), (2) and (3) of the Gas Safety Act 1997—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
51Revision of safety case—each 5 years
For section 57 of the Gas Safety Act 1997 substitute—
"57 Revision of safety case—every 5 years
(1)An operator of a complex gas installation or a manufacturer of a class of Type B appliances or a class of complex gas installations, in respect of which an accepted safety case applies under this Division, must submit a revised safety case to Energy Safe Victoria at the end of a review period.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)In this section—
relevant day means the day on which section 51 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;
review period means—
(a)either—
(i)for an accepted safety case in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or
(ii)for any other accepted safety case, the period of 5 years commencing on the day on which it is first accepted; and
(b)every subsequent period of 5 years commencing on the day after the day on which the previous period ends.".
52Compliance with request
In the penalty at the foot of section 59 of the Gas Safety Act 1997—
(a)for "80 penalty units" substitute "300 penalty units";
(b)for "400 penalty units" substitute "1500 penalty units".
53Duty of operator of complex gas installation
In the penalty at the foot of section 61 of the Gas Safety Act 1997—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
54Duty of manufacturer of Type B appliances
In the penalty at the foot of section 62 of the Gas Safety Act 1997—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
55Duty of manufacturer of complex gas installations
In the penalty at the foot of section 63 of the Gas Safety Act 1997—
(a)for "200 penalty units" substitute "1200 penalty units";
(b)for "1000 penalty units" substitute "6000 penalty units".
56Return of things seized
In section 91(2) of the Gas Safety Act 1997, for "14 days" (where twice occurring) substitute "60 days".
57New Division 1A of Part 6 inserted
At the end of Division 1 of Part 6 of the Gas Safety Act 1997 insert—
"Division 1A—Enforceable undertakings
109CEnergy Safe Victoria may accept written undertakings
(1)Energy Safe Victoria, by written notice, may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.
(2)A person may withdraw or vary an undertaking accepted under subsection (1) with the written consent of Energy Safe Victoria.
(3)A person who gives an undertaking accepted under subsection (1) must not contravene that undertaking.
Penalty:In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.
(4)Energy Safe Victoria must not commence a proceeding for an offence against this Act or the regulations, constituted by a contravention or alleged contravention to which an undertaking accepted under subsection (1) relates, if the undertaking—
(a)is in effect and is being satisfied; or
(b)has been fully satisfied and discharged.
109DEnforcement of written undertakings
(1)If Energy Safe Victoria considers that a person has contravened an undertaking given by the person and accepted under section 109C, Energy Safe Victoria may apply to the Magistrates' Court for an order under subsection (2).
(2)If the Court is satisfied that a person has contravened an undertaking given by the person and accepted under section 109C, the Court may make—
(a)an order that the person comply with the undertaking or take specified action to comply with the undertaking; or
(b)any other order that the Court considers appropriate.".
58Period within which proceedings for offences may be brought
For section 117AA of the Gas Safety Act 1997 substitute—
"117AA When proceedings for offences may be commenced
(1)Subject to subsection (2), despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006)—
(a)Energy Safe Victoria may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after it becomes aware of the commission of the alleged offence; and
(b)any other person may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after the commission of the alleged offence.
(2)Energy Safe Victoria must not commence a proceeding for an offence against section 109C(3) or any other offence against this Act or the regulations constituted by a contravention or alleged contravention to which an undertaking accepted under section 109C relates unless it does so within the period of 6 months after the day on which it—
(a)becomes aware that the undertaking has been contravened; or
(b)consents to the withdrawal of the undertaking under section 109C(2).".
PART 4—AMENDMENT OF PIPELINES ACT 2005
59Construction to comply with standards and conditions
In the penalty at the foot of section 100(1) of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
60Pipelines and railways
In section 101(2) of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
61Pipelines, roads, bridges and road infrastructure
In section 102(3) of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
62Pipelines and electrical apparatus and other pipelines
In section 103(2) of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
63Operation to comply with standards, specifications and conditions
In the penalty at the foot of section 109 of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
64Only authorised things to be conveyed through pipeline
In the penalty at the foot of section 111 of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
65Minister may impose requirements
In the penalty at the foot of section 114(3) and (4) of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "300 penalty units";
(b)for "1200 penalty units" substitute "1500 penalty units".
66Minister may restrict use of pipeline
In the penalty at the foot of section 115(5) of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
67Duties of licensee for safety and environment protection
In the penalty at the foot of section 124 of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1800 penalty units";
(b)for "1200 penalty units" substitute "9000 penalty units".
68No operation without accepted Plan
In the penalty at the foot of section 127 of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
69Plan must be observed in carrying out operation
In the penalty at the foot of section 129 of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
70Review of Safety Management Plan
In the penalty at the foot of section 132 of the Pipelines Act 2005—
(a)for "60 penalty units" substitute "300 penalty units";
(b)for "240 penalty units" substitute "1500 penalty units".
71No operation without accepted Plan
In the penalty at the foot of section 134 of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
72Plan must be observed in carrying out operation
In the penalty at the foot of section 136 of the Pipelines Act 2005—
(a)for "240 penalty units" substitute "1200 penalty units";
(b)for "1200 penalty units" substitute "6000 penalty units".
73Review of Environment Management Plan
In the penalty at the foot of section 139 of the Pipelines Act 2005—
(a)for "60 penalty units" substitute "300 penalty units";
(b)for "240 penalty units" substitute "1500 penalty units".
74New Division 1A of Part 11 inserted
After Division 1 of Part 11 of the Pipelines Act 2005 insert—
"Division 1A—Enforceable undertakings
156AMinister may accept written undertakings
(1)The Minister, by written notice, may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.
(2)A person may withdraw or vary an undertaking accepted under subsection (1) with the written consent of the Minister.
(3)A person who gives an undertaking accepted under subsection (1) must not contravene that undertaking.
Penalty:In the case of a natural person, 500 penalty units;
In the case of a body corporate, 2500 penalty units.
(4)The Minister must not commence a proceeding for an offence against this Act or the regulations, constituted by a contravention or alleged contravention to which an undertaking accepted under subsection (1) relates, if the undertaking—
(a)is in effect and is being satisfied; or
(b)has been fully satisfied and discharged.
156BEnforcement of written undertakings
(1)If the Minister considers that a person has contravened an undertaking given by the person and accepted under section 156A, the Minister may apply to the Magistrates' Court for an order under subsection (2).
(2)If the Court is satisfied that a person has contravened an undertaking given by the person and accepted under section 156A, the Court may make—
(a)an order that the person comply with the undertaking or take specified action to comply with the undertaking; or
(b)any other order that the Court considers appropriate.".
PART 5—REPEAL OF THIS ACT
75Repeal of this Act
This Act is repealed on 16 May 2025.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 17 May 2023
Legislative Council: 3 August 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Safety Act 1998, the Gas Safety Act 1997 and the Pipelines Act 2005 and for other purposes."
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