Energy Legislation (Consumer Protection and Other Amendments) Act 2003 (Vic)

Energy Legislation (Consumer Protection and

Other Amendments) Act 2003

Act No. 40/2003

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 3

PART 2—AMENDMENTS TO THE GAS INDUSTRY ACT 2001 4

3. Regulation of tariffs for prescribed customers 4
4. Offer to domestic or small business customers 4
5. Terms and conditions of contracts for sale of gas to certain
customers 4
6. Deemed contracts with former franchise customers 4
7. Deemed contracts for supply and sale for relevant customers 4
8. Prohibited interests 4
9. General powers 4
10. Non-commercial functions 5
11. Delegation powers 5
PART 3—AMENDMENTS TO THE ELECTRICITY INDUSTRY

ACT 2000 6

12. Regulation of tariffs for prescribed customers 6
13. New section 21(v) inserted 6
14. Condition restricting sale to certain customers 6
15. New sections 26A and 26B inserted 6

26A. Guidelines about access to land 6
26B. Commission may require licensee to enter into lease of
land 7

16. Offer to domestic or small business customers 8
17. Terms and conditions of contracts for sale of electricity to certain
customers 8
18. Deemed contracts with former franchise customers 8
19. Deemed contracts for supply and sale for relevant customers 8
20. Powers of VENCorp 8

Section Page

21. New section 79AA inserted 9
79AA. Directions 9
22. Power to acquire easements with approval of Governor in
Council 9
PART 4—AMENDMENTS TO THE ESSENTIAL SERVICES

COMMISSION ACT 2001 10

23. Expiry of Part 10
PART 5—AMENDMENTS TO THE NATIONAL ELECTRICITY

(VICTORIA) ACT 1997 11

24. New sections 8AB, 8AC and 8AD inserted 11

8AB. Immunity for action taken under section 76 of the

National Electricity (Victoria) Law 11
8AC.

Immunity of NEMMCO and network service providers 11
8AD.

Immunity in relation to failure to supply electricity 12

25. Supreme Court—limitation of jurisdiction 12
PART 6—AMENDMENTS TO THE ELECTRICITY SAFETY

ACT 1998 13

26. Definition 13
27. Statute law revision 13
PART 7—AMENDMENTS TO CO-OPERATIVE SCHEMES

(ADMINISTRATIVE ACTIONS) ACT 2001 14

28. Definitions 14
29. Co-operative schemes to which this Act applies—relevant State
Acts 14
30. Act not to give rise to liability against the State 14
31. Supreme Court—limitation of jurisdiction 15
32. Regulations 15

═══════════════

ENDNOTES 16

Victoria

No. 40 of 2003

Energy Legislation (Consumer

Protection and Other Amendments) Act

2003†

[Assented to 11 June 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)

to amend the Gas Industry Act 2001 and the Electricity Industry Act 2000—

Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

s. 1	Part 1—Preliminary

(i)
to extend the consumer protection customers until 31 December 2004;

(ii)
general powers and functions in
to clarify the operation of VENCorp's 2000;

(b) to amend the Electricity Industry Act 2000—
(i) to provide that the Essential Services Commission may impose a condition on a licence to require a transmission company to provide access to its land for the purpose of constructing,

operating and maintaining
augmentations to the electricity
transmission system;
(ii) to provide that the Essential Services Commission may direct a transmission company to enter into a lease in relation to the provision of access to its land for the purpose of constructing, operating and maintaining augmentations to the electricity transmission system;

(iii)
companies, transmission companies and
generation companies to compulsorily
acquire easements applies in respect of
to clarify that the power of distribution lines;

(c)

Commission Act 2001 to extend until

to amend the Essential Services special reference provisions in Part 6 of that Act;

Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 1—Preliminary s. 2

(d)

Act 1997 to ensure that the protection
against civil monetary liability, afforded
under the National Electricity (Victoria) Law

to amend the National Electricity (Victoria) actions, is fully effective;
(e)
(Administrative Actions) Act 2001 to
validate certain administrative actions taken

to amend the Co-operative Schemes under specified Gas Acts.

2. Commencement
(1) This Act (except sections 13 and 15 and Part 7) comes into operation on the day after the day on which it receives the Royal Assent.
(2) Part 7 comes into operation on a day to be
proclaimed.
(3) Sections 13 and 15 come into operation on a day to be proclaimed.
(4) If a provision referred to in sub-section (3) does

not come into operation before 1 July 2004, it
comes into operation on that day.

__________________
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

s. 3	Part 2—Amendments to the Gas Industry Act 2001

PART 2—AMENDMENTS TO THE GAS INDUSTRY ACT 2001

3. Regulation of tariffs for prescribed customers

See:

Act No.	In section 21(7) of the Gas Industry Act 2001 for
31/2001.	"August" (where twice occurring) substitute
Reprint No. 1
as at 2 July	"December".
2002. LawToday: dpc.vic. gov.au

4. Offer to domestic or small business customers

In section 42(9) of the Gas Industry Act 2001 for
"August" substitute "December".
5. Terms and conditions of contracts for sale of gas to certain customers
In section 43(7) of the Gas Industry Act 2001 for
"August" substitute "December".

6. Deemed contracts with former franchise customers
In section 44(3) of the Gas Industry Act 2001 for
"August" substitute "December".
7. Deemed contracts for supply and sale for relevant customers
In section 46(11) of the Gas Industry Act 2001 for "August" substitute "December".

8. Prohibited interests
In section 128(9)(b)(ii) of the Gas Industry Act
2001 for "substantial" (where first occurring)
substitute "controlling".

9. General powers
In section 162(1) of the Gas Industry Act 2001,
after "this Act" (where twice occurring) insert
", the Electricity Industry Act 2000".

Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 2—Amendments to the Gas Industry Act 2001 s. 10

10. Non-commercial functions
After section 163(4) of the Gas Industry Act
2001 insert—
"(5) This section applies to VENCorp's functions under this Act, the Electricity Industry Act 2000 or any other Act.".

11. Delegation powers
In section 164 of the Gas Industry Act 2001, after "any power of VENCorp" insert "under this Act, the Electricity Industry Act 2000 or any other Act".

__________________
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

s. 12

Part 3—Amendments to the Electricity Industry Act 2000

PART 3—AMENDMENTS TO THE ELECTRICITY

INDUSTRY ACT 2000

12. Regulation of tariffs for prescribed customers

See:

Act No.

In section 13(7) of the Electricity Industry Act

68/2000.

2000 for "2003" substitute "2004".

Reprint No. 1
as at
13 June 2002

and

amending

Act No. 10/2002. LawToday:

13. New section 21(v) inserted

After section 21(u) of the Electricity Industry
Act 2000 insert—
"(v) requiring a transmission company to provide,

in accordance with the guidelines under
section 26A, access to a specified person or
class of person to its land for the purpose of
constructing, operating and maintaining
augmentations to the electricity transmission
system.".

14. Condition restricting sale to certain customers
In section 23(4) of the Electricity Industry Act
2000 for "2003" substitute "2004".

15. New sections 26A and 26B inserted
After section 26 of the Electricity Industry Act
2000 insert—

'26A. Guidelines about access to land

(1) The Commission—

Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 3—Amendments to the Electricity Industry Act 2000 s. 15

(a)
must prepare guidelines for the and

(b)

may amend those guidelines from time to time.
(2) A guideline or amendment to a guideline
prepared under this section is a
determination for the purposes of the
Essential Services Commission Act 2001.

26B. Commission may require licensee to enter
into lease of land
(1) The Commission may, by notice in writing, direct a transmission company to lease land to a person, in accordance with the
guidelines prepared under section 26A, if—

(a) the transmission company's licence is subject to a condition of a kind referred to in section 21(v); and
(b) a person to whom access is to be provided under that condition makes a written request to lease land from the transmission company for the purposes of that access; and
(c) the transmission company fails to enter into a lease of that land within the required period after receiving a written request to do so by that person.
(2) A direction by the Commission under sub-

section (1) is a determination for the
purposes of the Essential Services
Commission Act 2001.

(3) In sub-section (1)(c) "the required period" is the period determined in accordance with the guidelines under section 26A for the

purposes of this section.'.
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

s. 16

Part 3—Amendments to the Electricity Industry Act 2000

16. Offer to domestic or small business customers
In section 35(9) of the Electricity Industry Act
2000 for "2003" substitute "2004".
17. Terms and conditions of contracts for sale of electricity to certain customers
In section 36(7) of the Electricity Industry Act
2000 for "2003" substitute "2004".

18. Deemed contracts with former franchise customers In section 37(2) of the Electricity Industry Act 2000 for "2003" substitute "2004".
19. Deemed contracts for supply and sale for relevant customers
In section 39(11) of the Electricity Industry Act
2000 for "2003" substitute "2004".

20. Powers of VENCorp
(1) For section 79(1)(c) of the Electricity Industry Act 2000 substitute—
"(c) to carry out directions given to VENCorp
under section 79AA, whether or not for
purposes connected with functions under this
Part or under a licence issued under Part 2;

(d) any other functions conferred on VENCorp under this Part or under a licence issued under Part 2;
(e) any other functions conferred on VENCorp in relation to the electricity industry under this Act or any other Act.".

(2) In section 79(2) of the Electricity Industry Act

2000, for "This" substitute "Subject to sub-
section (3), this".

Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 3—Amendments to the Electricity Industry Act 2000 s. 21
(3) After section 79(2) of the Electricity Industry
Act 2000 insert—
"(3) Nothing in sub-section (2)—

(a)

limits the power of the Minister to give directions to the board of VENCorp under section 79AA; or

(b)

limits the ability of the board of VENCorp to comply with a direction given under section 79AA.".

21. New section 79AA inserted
After section 79 of the Electricity Industry Act
2000 insert—
"79AA. Directions
(1) The Minister, after consultation with the
Treasurer, may, from time to time, by written notice to the board of VENCorp, give such directions to the board as the Minister thinks fit.
(2) The board of VENCorp must comply with a direction given under this section but an act or decision of the board is not invalid merely
because of a failure to comply with such a
direction.".

22. Power to acquire easements with approval of Governor in Council
In section 86(1) of the Electricity Industry Act
2000 for "the purpose of erecting and maintaining
power lines" substitute "the purposes of—
(a) erecting or laying power lines (or both); and
(b) maintaining power lines.".

__________________
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

s. 23

Part 4—Amendments to the Essential Services Commission Act 2001

PART 4—AMENDMENTS TO THE ESSENTIAL SERVICES

COMMISSION ACT 2001

23. Expiry of Part

See:

Act No.	In section 47 of the Essential Services
62/2001	Commission Act 2001 for "August" substitute
and
amending	"December".
Act Nos 11/2002, 32/2002 and
49/2002. LawToday: dpc.vic. gov.au

__________________
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 5—Amendments to the National Electricity (Victoria) Act 1997 s. 24

PART 5—AMENDMENTS TO THE NATIONAL

ELECTRICITY (VICTORIA) ACT 1997

24. New sections 8AB, 8AC and 8AD inserted

See:

After section 8A of the National Electricity Act No.
(Victoria) Act 1997 insert— 29/1997
and

'8AB. Immunity for action taken under section 76 of the National Electricity (Victoria) Law

amending
Act Nos
55/1997,
38/2000 and

(1) Except as otherwise provided in section 76 62/2001.

of the National Electricity (Victoria) Law, a LawToday:

person—

dpc.vic. gov.au

(a)
Code participant to take action, in
accordance with an authorisation under
section 76(1) of that Law, does not
who takes action, or who requires a action taken;

(b)

who is a Code participant, does not incur any civil monetary liability for action taken in accordance with a requirement made under section 76 of that Law.
(2) In this section "civil monetary liability"
has the same meaning as in section 76 of the
National Electricity (Victoria) Law.

8AC. Immunity of NEMMCO and network
service providers
(1) Except as otherwise provided in section 77A of the National Electricity (Victoria) Law or an agreement under that section—

(a)
NEMMCO does not incur any civil
monetary liability for an act or
NEMMCO or an officer or employee of exercise, or purported performance or

Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

s. 25

Part 5—Amendments to the National Electricity (Victoria) Act 1997

exercise, of a function or power of
NEMMCO under that Law or the Code;

(b)
or employee of a network service
provider does not incur any civil
monetary liability for an act or
omission in the performance or
exercise, or purported performance or
a network service provider or an officer function or power.

(2) In this section "civil monetary liability",
"network service provider", "officer" and
"system operations function or power"
have the same meanings as in section 77A of
the National Electricity (Victoria) Law.

8AD. Immunity in relation to failure to supply
electricity
(1) Except as otherwise provided in section 78
of the National Electricity (Victoria) Law or monetary liability for any partial or total failure to supply electricity.
an agreement under that section, a Code
participant or an officer or employee of a
(2) In this section "civil monetary liability"
and "officer" have the same meanings as in
section 77A of the National Electricity
(Victoria) Law.'.

25. Supreme Court—limitation of jurisdiction
At the end of section 8B of the National Electricity (Victoria) Act 1997 insert—
"(2) It is the intention of sections 8AB, 8AC and

8AD to alter or vary section 85 of the
Constitution Act 1975.".

__________________
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 6—Amendments to the Electricity Safety Act 1998 s. 26

PART 6—AMENDMENTS TO THE ELECTRICITY SAFETY

ACT 1998

26. Definition

See:

In section 3 of the Electricity Safety Act 1998, in Act No.
the definition of "urban area" omit 'or "very 25/1998.
Reprint No. 3
high" '. as at
29 July 2002.

LawToday:

dpc.vic. gov.au

27. Statute law revision
In section 140A of the Electricity Safety Act
1998, in the definition of "prescribed offence" for
"68(1)" substitute "68".

__________________
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 7—Amendments to Co-operative Schemes (Administrative Actions) Act

s. 28

2001

PART 7—AMENDMENTS TO CO-OPERATIVE SCHEMES

(ADMINISTRATIVE ACTIONS) ACT 2001

28. Definitions

See:

Act No.

In section 3 of the Co-operative Schemes

41/2001

(Administrative Actions) Act 2001—

as at

2 August

(a) insert the following definition—

2001.

LawToday:

' "Gas Act" means—

dpc.vic.

(a) the Gas Industry Act 1994;

gov.au

(b)	the Gas Industry (Residual Provisions) Act 1994;

(b) after paragraph (a) of the definition of "commencement time" insert—
"(ab) in relation to a Gas Act—the time when Part 7 of the Energy Legislation (Consumer Protection and Other Amendments) Act 2003 commences; or".
29. Co-operative schemes to which this Act applies— relevant State Acts
After section 4(1)(a) of the Co-operative
Schemes (Administrative Actions) Act 2001
insert—
"(ab) a Gas Act; and".

30. Act not to give rise to liability against the State
(1) In section 13(1) of the Co-operative Schemes
(Administrative Actions) Act 2001, after
"section 4" insert "or the enactment,
commencement or operation of Part 7 of the
Energy Legislation (Consumer Protection and
Other Amendments) Act 2003".

Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Part 7—Amendments to Co-operative Schemes (Administrative Actions) Act

2001 s. 31

(2) In section 13(2) of the Co-operative Schemes (Administrative Actions) Act 2001, after "not been made" insert "or this Act had not been
amended by Part 7 of the Energy Legislation
(Consumer Protection and Other
Amendments) Act 2003".

31. Supreme Court—limitation of jurisdiction
At the end of section 14 of the Co-operative
Schemes (Administrative Actions) Act 2001
insert—
"(2) It is the intention of section 13 as amended
by the Energy Legislation (Consumer
Protection and Other Amendments) Act
2003 to alter or vary section 85 of the
Constitution Act 1975.".

32. Regulations
In section 15(2) of the Co-operative Schemes
(Administrative Actions) Act 2001, after
"section 4" insert "or the amendment of this Act
by Part 7 of the Energy Legislation (Consumer
Protection and Other Amendments) Act 2003".

═══════════════
Energy Legislation (Consumer Protection and Other
Amendments) Act 2003

Act No. 40/2003

Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 1 May 2003
Legislative Council: 4 June 2003
The long title for the Bill for this Act was "to amend the Gas Industry
Act 2001, the Electricity Industry Act 2000, the Essential Services
Commission Act 2001, the National Electricity (Victoria) Act 1997, the
Electricity Safety Act 1998 and the Co-operative Schemes
(Administrative Actions) Act 2001 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 1 May 2003

Legislative Council: 4 June 2003
Absolute majorities:
Legislative Assembly: 3 June 2003
Legislative Council: 5 June 2003

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Citations

Energy Legislation (Consumer Protection and Other Amendments) Act 2003 (Vic)

Cases Citing This Decision

Cases Cited

Statutory Material Cited

3.	Regulation of tariffs for prescribed customers	4
4.	Offer to domestic or small business customers	4
5.	Terms and conditions of contracts for sale of gas to certain
customers	4
6.	Deemed contracts with former franchise customers	4
7.	Deemed contracts for supply and sale for relevant customers	4
8.	Prohibited interests	4
9.	General powers	4
10.	Non-commercial functions	5
11.	Delegation powers	5

12.	Regulation of tariffs for prescribed customers	6
13.	New section 21(v) inserted	6
14.	Condition restricting sale to certain customers	6
15.	New sections 26A and 26B inserted	6

26A.	Guidelines about access to land	6
26B.	Commission may require licensee to enter into lease of
land	7

21.	New section 79AA inserted	9
79AA. Directions	9
22.	Power to acquire easements with approval of Governor in
Council	9

28.	Definitions	14
29.	Co-operative schemes to which this Act applies—relevant State
Acts	14
30.	Act not to give rise to liability against the State	14
31.	Supreme Court—limitation of jurisdiction	15
32.	Regulations	15

(d)	Act 1997 to ensure that the protection against civil monetary liability, afforded under the National Electricity (Victoria) Law	to amend the National Electricity (Victoria) actions, is fully effective;
(e)	(Administrative Actions) Act 2001 to validate certain administrative actions taken
to amend the Co-operative Schemes under specified Gas Acts.