Energy Legislation (Further Miscellaneous Amendments) Act 2002 (Vic)
Energy Legislation (Further Miscellaneous
Amendments) Act 2002
Act No. 24/2002
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—AMENDMENT OF ELECTRICITY SAFETY ACT 1998 3
3. Definitions 3 4. New Part 6 substituted 3 PART 6—RIGHTS OF REVIEW 3
69. Applications to review 3
5. Fire hazard rating 6 6. New section 128 substituted 6
128. Entry to be reported to the Office 6
7. Offence not to comply with improvement notice 7 8. General regulation making powers 7 9. New section 163 substituted 7 163. Transitional provisions—abolition of the Electrical
Appeals Board 7
10. Repeal of sections 164 to 170 7 11. New Schedule 1 substituted 8
PART 3—AMENDMENT OF GAS SAFETY ACT 1997 12
12. Definitions 12 13. New Part 4 substituted 12 PART 4—RIGHTS OF REVIEW 12
80. Applications to review 12
14. New section 93 substituted 14
93. Entry to be reported to the Director 14
15. Offence not to comply with improvement notice 15 16. Offence not to comply with prohibition notice 15 17. General regulation-making powers 15
i
Section Page
18. New section 127 inserted 15 127. Transitional provisions—abolition of the Gas Appeals
Board 15
19. New Schedule 1 substituted 16 PART 4—AMENDMENT OF ELECTRICITY INDUSTRY ACT
2000 19
20. Tariff Order 19 21. Prohibited interests 19
PART 5—AMENDMENT OF GAS INDUSTRY ACT 2001 20
22. Prohibited interests 20
═══════════════
ENDNOTES 21
ii
Victoria
No. 24 of 2002
Energy Legislation (Further
Miscellaneous Amendments) Act 2002†
[Assented to 12 June 2002]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a) to amend the Electricity Safety Act 1998—
(i) to abolish the Electrical Appeals Board and transfer its jurisdiction to the
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 2 | Act No. 24/2002 |
| Victorian Civil and Administrative Tribunal; and |
(ii) with respect to the powers of a fire control authority to assign fire hazard ratings for the purposes of that Act and the regulations;
(b) to amend the Gas Safety Act 1997 to abolish the Gas Appeals Board and transfer its jurisdiction to the Victorian Civil and Administrative Tribunal. (c) to amend the Electricity Industry Act 2000— (i) to allow further amendment of the Tariff Order in relation to tariffs charged by VENCorp; and
(ii) to clarify an exemption from the cross- ownership rules;
(d)
to amend the Gas Industry Act 2001 to clarify an exemption from the cross- ownership rules.
2. Commencement
(1) This Part and Parts 4 and 5 and section 5 come
into operation on the day after the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 31 December 2002, it comes into
operation on that day.
__________________
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 3
PART 2—AMENDMENT OF ELECTRICITY SAFETY ACT
1998
See:
3. Definitions
Act No. 25/1998.
In section 3 of the Electricity Safety Act 1998 Reprint No. 2 insert the following definitions— as at
1 January' "decision" for the purposes of Part 6 includes prohibition, requirement or direction;
2001
and amending
Act Nos"Tribunal" means the Victorian Civil and
13/2001, 32/2001,
Administrative Tribunal established by the 44/2001 and Victorian Civil and Administrative 62/2001.
LawToday:Tribunal Act 1998;'.
dpc.vic.gov.au
4. New Part 6 substituted
For Part 6 of the Electricity Safety Act 1998 substitute—
"PART 6—RIGHTS OF REVIEW
69. Applications to review
(1) A person who is aggrieved by a decision of
the Office set out in sub-section (2) may
apply to the Tribunal for review of the
decision.
(2) An application for review may be made to
the Tribunal in relation to the following—
(a) a decision under Part 3—
(i) to refuse to register or renew the contractor; or
(ii) to take disciplinary action in contractor; or
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 4 | Act No. 24/2002 | ||
|
to take disciplinary action in worker; or
(v) electrical safety form to a
registered electrical contractor, a
licensed electrical installationto refuse to supply a certificate of under section 45B(1);
(b) a decision under Part 4—
(i) to refuse to certify the compliance of electrical equipment; or
(ii) to refuse to approve prescribed electrical equipment; or
(iii) to withdraw an approval of prescribed electrical equipment;
(c) a prohibition under section 63;
(d) a requirement under section 65;
(e) a decision under the regulations under Part 5— (i) to refuse to register proclaimed electrical equipment; or
(ii) to cancel the registration of proclaimed electrical equipment.
(3) A person to whom a direction is given under
section 141 may apply to the Tribunal for review of the direction if compliance with it—
(a)
would impose a significant financial burden on the person;
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 4
(b)
would prevent the person from complying with any obligations under a licence issued under Part 2 of the Electricity Industry Act 2000.
(4) A person to whom an improvement notice is
issued under Part 12 may apply to the following—
(a) the decision to issue the notice;
(b) any requirement contained in the notice. (5) An application for review under sub-section
(3) or (4) must be made within 7 days after
the later of—
(a) the day on which the improvement notice or the direction (as the case requires) is received by the person making the application; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
person is informed under section 46(5)
of that Act that a statement of reasons
will not be given.(6) Any other application for review under this
section must be made within 28 days after
the later of—
(a)
the day on which notice of the decision is received by the person; or
(b)
if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 5 | Act No. 24/2002 |
| statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. |
(7) Nothing in this section permits an
application to the Tribunal for review of a
decision of an accepted electricity safetymanager under Part 3 or Part 4.".
5. Fire hazard rating
In section 80 of the Electricity Safety Act 1998, for paragraph (a) substitute—
'(a) may assign a fire hazard rating of "low" or
"high" to any area of land for the purposes of
this Act or the regulations; and'.
6. New section 128 substituted
For section 128 of the Electricity Safety Act
1998 substitute—
"128. Entry to be reported to the Office
(1) If an enforcement officer exercises a power
of entry under this Division, the enforcement officer must report the exercise of the power to the Office within 3 business days after the entry.
(2) The report must be in writing and include all
relevant details of the entry including the
following—
(a)
the full name of the enforcement officer; and
(b) the time of the entry; and
(c)
the address of the land or premises entered; and
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 7 (d) the purpose of the entry; and
(e) on the land or premises, including
photographs or video recordings taken,a description of all things done while examined or tested, and details of items seized or removed, copies made and extracts taken; and
(f) the time of departure from the land or premises. (3) The Office must keep a register containing
the particulars of all matters reported to it
under this section.
(4) The Office must keep, as part of that register,
the register sent to it under clause 6(1)(a) of
Schedule 1.".
7. Offence not to comply with improvement notice
In section 144(2) of the Electricity Safety Act
1998, for "Electrical Appeals Board" substitute"Tribunal".
8. General regulation making powers
In section 157(1) of the Electricity Safety Act
1998, paragraphs (c) and (e) are repealed.
9. New section 163 substituted
For section 163 of the Electricity Safety Act
1998 substitute—"163. Transitional provisions—abolition of the Electrical Appeals Board
Schedule 1 has effect.".
10. Repeal of sections 164 to 170
Sections 164 to 170 of the Electricity Safety Act
1998 are repealed.
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 11 | Act No. 24/2002 |
11. New Schedule 1 substituted
For Schedule 1 to the Electricity Safety Act 1998 substitute—
'SCHEDULE 1
TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule—
"Board" means Electrical Appeals Board established under
the Electricity Safety Act 1998 as in force prior to
the commencement day;
"commencement day" means the day on which section 9 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002 comes into operation;
"VCAT Act" means the Victorian Civil and
Administrative Tribunal Act 1998.
2. Abolition of the Electrical Appeals Board
(1) On the commencement day, the Electrical Appeals Board is
abolished and its members go out of office.(2) On and from the commencement day, a reference to the
Board in any Act or subordinate instrument (other than this
Schedule) or in any other document, so far as it relates to
any period after that day and unless the context otherwise
requires, must be construed as a reference to the Tribunal.(3) Sub-clause (1) does not affect any other provision of this
Schedule—
(a) dealing with proceedings before the Electrical Appeals Board; or (b) providing for the Electrical Appeals Board to continue for certain purposes.
(4) If under this Schedule the Electrical Appeals Board continues for certain purposes, the provisions of the Electricity Safety Act 1998 as in force immediately before
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 11 the commencement day relating to membership and
procedure continue to apply for those purposes.
3. Pending proceedings
(1) If, immediately before the commencement day, a proceeding
was pending before the Board but the Board had not begun
to hear the matter or had not been presented with any
evidence on any material question of fact, the proceeding is
to be heard and determined by the Tribunal and for that
purpose—
(a) the proceeding is to be taken to have been commenced in the Tribunal; and (b) anything done in relation to the proceeding by the Board before the commencement day is deemed to have been done by the Tribunal; and (c) the procedure that applies to the proceeding on and after the commencement day is the procedure set out in the VCAT Act and the rules made under it in relation to that class of proceedings; and (d) anything done or omitted to be done in relation to the proceeding by a party or other person before the commencement day, under or in accordance with the procedure that applied before that day, must be taken, so far as possible, to have been done or omitted under or in accordance with the procedure applying on or after that day; and (e) the Tribunal has only the powers, functions and duties which the Board would have had in relation to the proceeding under this Act as in force immediately before the commencement day; and (f) any order made by the Tribunal may only be appealed against in accordance with Part 5 of the VCAT Act. (2) If, immediately before the commencement day, a proceeding
was pending before the Board and the Board had begun to
hear the matter or had been presented with evidence on a
material question of fact—
(a)
the proceeding is to be heard and determined by the Board in accordance with the provisions of the Electricity Safety Act 1998 as in force immediately before the commencement day; and
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 11 | Act No. 24/2002 |
(b)
the Board may make any determination or order in respect of the proceeding that it could have made immediately before the commencement day; and
(c)
for the purpose of completing the proceeding and making a determination or order the Board will, despite clause 2(1), continue to exist; and
(d)
the procedure that applies to the proceeding on and after the commencement day is the procedure that applied immediately before the commencement day.
4. Determinations or orders made by Board
A determination or order made by the Board in a proceeding finally determined by it before the commencement day may be enforced in accordance with this Act as in force
immediately before that day.
5. Power to resolve transitional difficulties
If any difficulty arises because of the operation of this pending before the Board) to which clause 3 applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty.
6. Transfer of registers
(1) The Secretary to the Department of Natural Resources and
Environment must ensure that—
(a)
the register, required to be kept by the Electrical Appeals Board under section 128(2) of the Electricity Safety Act 1998, as in force immediately before the commencement of section 6 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, is sent to the Office; and
(b)
the Register, required to be kept by the Registrar of the Board by clause 15 of Schedule 1 to the Electricity Safety Act 1998 as in force immediately before the commencement of section 9 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, and any other documents in the possession of the Board relating to proceedings before the Board, are sent to the principal registrar of the Tribunal.
(2) Despite sub-clause (1)(b), the Secretary is not required to
send to the principal registrar documents relating to a
proceeding to which clause 3(2) applies until the conclusion
of that proceeding.'.
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002
__________________
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 12 | Act No. 24/2002 |
PART 3—AMENDMENT OF GAS SAFETY ACT 1997
| See: | 12. Definitions |
| Act No. | |
| 99/1997. | |
| Reprint No. 2 | In section 3(1) of the Gas Safety Act 1997 insert |
| as at | the following definitions— |
| 14 February | |
| 2002. | |
| LawToday: | ' "business day" means a day other than a |
| Saturday or Sunday or a public holiday | |
| dpc.vic. | |
| gov.au | appointed under the Public Holidays Act 1993; |
"decision" for the purposes of Part 4 includes
refusal, declaration, condition, prohibition or
requirement;
"Tribunal" means the Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and AdministrativeTribunal Act 1998;'.
13. New Part 4 substituted
For Part 4 of the Gas Safety Act 1997 substitute—
"PART 4—RIGHTS OF REVIEW
80. Applications to review
(1) A person who is aggrieved by a decision of
the Office set out in sub-section (2) may
apply to the Tribunal for review of the
decision.
(2) An application for review may be made to
the Tribunal in relation to the following—
(a)
a decision under section 65 not to approve a person to carry out upstream gas work;
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 13
(b)
a decision under section 65 to cancel or suspend an approval given under that section;
(c)
a refusal under section 69 to accept an appliance;
(d)
a declaration under section 69A that an appliance or class of appliances is no longer accepted;
(e)
a refusal under section 73 to accept a gas installation;
(f)
a condition on an acceptance under section 69 or 73;
(g) a prohibition under section 76;
(h) a requirement under section 78.
(3) A person to whom an improvement notice or prohibition notice is issued under Part 6 may apply to the Tribunal for review of either or both of the following—
(a) the decision to issue the notice;
(b) any requirement contained in the notice. (4) An application for review under sub-section
(3) must be made within 7 days after the later
of—
(a)
the day on which the improvement notice or the prohibition notice (as the case requires) is received by the person making the application; or
(b)
if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 14 | Act No. 24/2002 |
| person is informed, under section 46(5) of that Act that a statement of reasons will not be given. |
(5) Any other application for review under this
section must be made within 28 days after
the later of—
(a)
the day on which notice of the decision is received by the person; or
(b)
if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a
statement of reasons for the decision,
the day on which the statement of
reasons is given to the person or the
person is informed, under section 46(5)
of that Act that a statement of reasons
will not be given.".
14. New section 93 substituted
For section 93 of the Gas Safety Act 1997 substitute—
"93. Entry to be reported to the Director
(1) If an inspector exercises a power of entry
under this Division, the inspector must report
the exercise of the power to the Director
within 3 business days after the exercise of
the power of entry.
(2) The report must be in writing and include all
relevant details of the entry including the
following—
(a) the full name of the inspector; and
(b) the time of the entry; and
(c)
the address of the land or premises entered; and
(d) the purpose of the entry; and
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 15
(e) on the land or premises, including
photographs or video recordings taken,a description of all things done while examined or tested, and details of items seized or removed, copies made and extracts taken; and
(f) the time of departure from the land or premises. (3) The Director must keep a register containing
the particulars of all matters reported to the
Director under this section.
(4) The Director must keep, as part of that
register, the register sent to it under clause
6(1)(a) of Schedule 1.".
15. Offence not to comply with improvement notice
In section 111(2) of the Gas Safety Act 1997, for
"Gas Appeals Board" substitute "Tribunal".
16. Offence not to comply with prohibition notice
In section 113(2) of the Gas Safety Act 1997, for
"Gas Appeals Board" substitute "Tribunal".
17. General regulation-making powers
In section 118(1) of the Gas Safety Act 1997,
paragraphs (z) and (bb) are repealed.
18. New section 127 inserted
After section 126 of the Gas Safety Act 1997 insert—
"127. Transitional provisions—abolition of the
Gas Appeals Board
Schedule 1 has effect.".
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 19 | Act No. 24/2002 |
19. New Schedule 1 substituted
For Schedule 1 to the Gas Safety Act 1997 substitute—
'SCHEDULE 1
TRANSITIONAL PROVISIONS
1. Definitions
In this Schedule—
"Board" means Gas Appeals Board established under the
Gas Safety Act 1997 as in force prior to the commencement day;
"commencement day" means the day on which section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002 comes into operation;
"VCAT Act" means the Victorian Civil and
Administrative Tribunal Act 1998.
2. Abolition of the Gas Appeals Board
(1) On the commencement day, the Gas Appeals Board is
abolished and its members go out of office.(2) On and from the commencement day, a reference to the
Board in any Act or subordinate instrument (other than this
Schedule) or in any other document, so far as it relates to
any period after that day and unless the context otherwise
requires, must be construed as a reference to the Tribunal.(3) Sub-clause (1) does not affect any other provision of this
Schedule—
(a)
dealing with proceedings before the Gas Appeals Board; or
(b)
providing for the Gas Appeals Board to continue for certain purposes.
(4)
If under this Schedule the Gas Appeals Board continues for certain purposes, the provisions of the Gas Safety Act 1997, as in force immediately before the commencement day
relating to membership and procedure, continue to apply for
those purposes.
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 19
3. Pending proceedings
(1) If, immediately before the commencement day, a proceeding
was pending before the Board but the Board had not begun
to hear the matter or had not been presented with any
evidence on any material question of fact, the proceeding is
to be heard and determined by the Tribunal and for that
purpose—
(a) the proceeding is to be taken to have been commenced in the Tribunal; and (b) anything done in relation to the proceeding by the Board before the commencement day is deemed to have been done by the Tribunal; and (c) the procedure that applies to the proceeding on and after the commencement day is the procedure set out in the VCAT Act and the rules made under it in relation to that class of proceedings; and (d) anything done or omitted to be done in relation to the proceeding by a party or other person before the commencement day, under or in accordance with the procedure that applied before that day, must be taken, so far as possible, to have been done or omitted under or in accordance with the procedure applying on or after that day; and (e) the Tribunal has only the powers, functions and duties which the Board would have had in relation to the proceeding under this Act as in force immediately before the commencement day; and (f) any order made by the Tribunal may only be appealed against in accordance with Part 5 of the VCAT Act. (2) If immediately before the commencement day a proceeding
was pending before the Board and the Board had begun to
hear the matter or had been presented with evidence on a
material question of fact—
(a)
the proceeding is to be heard and determined by the Board in accordance with the provisions of the Gas Safety Act 1997 as in force immediately before the commencement day; and
(b)
the Board may make any determination or order in respect of the proceeding that it could have made immediately before the commencement day; and
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 19 | Act No. 24/2002 |
(c)
for the purpose of completing the proceeding and making a determination or order the Board will, despite clause 2(1), continue to exist; and
(d)
the procedure that applies to the proceeding on and after the commencement day is the procedure that applied immediately before the commencement day.
4. Determinations or orders made by Board
A determination or order made by the Board in a proceeding finally determined by it before the commencement day may be enforced in accordance with this Act as in force
immediately before that day.
5. Power to resolve transitional difficulties
If any difficulty arises because of the operation of this pending before the Board) to which clause 3 applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty.
6. Transfer of registers
(1) The Secretary to the Department of Natural Resources and
Environment must ensure that—
(a)
the register, required to be kept by the Gas Appeals Board under section 93(2) of the Gas Safety Act 1997, as in force immediately before the commencement of section 14 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, is sent to the Director; and
(b)
the Register, required to be kept by the Registrar of the Board by clause 15 of Schedule 1 to the Gas Safety Act 1997 as in force immediately before the commencement of section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, and any other documents in the possession of the Board relating to proceedings before the Board, are sent to the principal registrar of the Tribunal.
(2) Despite sub-clause (1)(b), the Secretary is not required to
send to the principal registrar documents relating to a
proceeding to which clause 3(2) applies until the conclusion
of that proceeding.'.
__________________
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 s. 20
PART 4—AMENDMENT OF ELECTRICITY INDUSTRY ACT
2000
20. Tariff Order
See:
After section 14(3)(a) of the Electricity Industry Act No. Act 2000 insert— 68/2000
and"(aa) to vary the provisions in clause 4.5 to clarify the application or non-application of the
amending
Act Nos13/2001,
provisions of Chapter 4 to tariffs charged by
32/2001, 44/2001,
VENCorp;". 62/2001 and
85/2001LawToday:
dpc.vic. gov.au
21. Prohibited interests
After section 68(8) of the Electricity Industry
Act 2000 insert—"(8AA) Sub-section (8)(b)(ii) applies whether or not
an application has been made under the
Trade Practices Act 1974 of the
Commonwealth for authorisation of the
acquisition.".
__________________
Energy Legislation (Further Miscellaneous Amendments) Act
2002
| s. 22 | Act No. 24/2002 |
PART 5—AMENDMENT OF GAS INDUSTRY ACT 2001
22. Prohibited interests
See:
| Act No. | After section 129(3) of the Gas Industry Act | |
| 31/2001 and | 2001 insert— | |
| amending Act Nos 44/2001, 62/2001 and 85/2001. | "(3A) Sub-section (3)(b)(ii) applies whether or not an application has been made under the | |
| LawToday: | Trade Practices Act for authorisation of the | |
| dpc.vic. | acquisition.". | |
| gov.au |
═══════════════
Energy Legislation (Further Miscellaneous Amendments) Act
2002
Act No. 24/2002 Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 24 April 2002
Legislative Council: 29 May 2002
The long title for the Bill for this Act was "to amend the Electricity
Safety Act 1998, the Gas Safety Act 1997, the Electricity Industry Act
2000 and the Gas Industry Act 2001 and for other purposes."
0
0
0