Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020 (Vic)
Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
No. 4 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to Electricity Safety Act 1998
Division 1—Licensing of electrical lineworkers
3Definitions
4Electrical workers
5Acceptance of electricity safety management scheme
6Provisional acceptance of electricity safety management scheme
7Energy Safe Victoria may determine electricity safety management scheme
8New section 120GA inserted
9Electrical contractors and electrical workers
Division 2—Electrical inspection work
10Definitions
Division 3—Consequential amendments relating to the Victorian Energy Safety Commission
11Definitions
12Enforcement officers
13Director may give directions
14Additional powers in emergencies
15Director may give directions to preserve, retain or store
16Section 141B substituted and new section 141C inserted
Division 4—Transitional provisions
17New sections 168 and 169 inserted
Division 5—Statute law revision
18Outdated references to Departments
19Other statute law revision amendments
Part 3—Amendments to the Energy Safe Victoria Act 2005
Division 1—Victorian Energy Safety Commission
20Purposes
21Section 3 substituted
22Heading to Part 2 substituted
23Section 4 substituted and new section 4A inserted
24Delegation
25New Divisions 1A and 1B of Part 2 inserted
26Division 2 of Part 2 substituted
27General Account
28Improper use of information
29Section 43 repealed
Division 2—Technical Advisory Committee
30New Division 3A of Part 2 inserted
Division 3—Ministerial directions
31New Division 3B inserted
Division 4—Transitional provisions
32New Part 6 inserted
Part 4—Amendments to other Acts
Division 1—Gas Safety Act 1997
33Definitions
34Inspectors
35Entry to be reported to the Director
36Heading to section 106 inserted
37Section 106 amended
38Additional powers in emergencies
39Power of Minister
40Section 107B substituted
41Heading to section 108 inserted
42Section 108 amended
43Protection from liability
44New section 109B inserted
45Heading to section 110 inserted
46Section 110 amended
47Heading to section 112 inserted
48Director or inspector may issue prohibition notice
49Notices may include directions
50New section 129 inserted
Division 2—Pipelines Act 2005
51Definitions
52Co-ordination of notices and notice periods
53Delegation by Minister
Division 3—Other Acts
54Electricity Industry Act 2000
55Gas Industry Act 2001
56National Electricity (Victoria) Act 2005
57National Gas (Victoria) Act 2008
58Rail Safety (Local Operations) Act 2006
Part 5—Repeal of this Act
59Repeal of this Act
═════════════
Endnotes
1 General information
Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
No. 4 of 2020
[Assented to 25 February 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to amend the Electricity Safety Act 1998—
(i)to provide for the licensing of lineworkers; and
(ii)to further provide for electrical inspection work and electrical installation work; and
(b)to amend the Energy Safe Victoria Act 2005—
(i)to abolish Energy Safe Victoria; and
(ii)to establish the Victorian Energy Safety Commission as Energy Safe Victoria's successor in law (and to provide that it may be known as Energy Safe Victoria); and
(iii)to provide for the Minister to establish a Technical Advisory Committee; and
(iv)to provide for the Minister's power to issue directions under that Act; and
(c)to make consequential and related amendments to these and other Acts.
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 January 2021, it comes into operation on that day.
Part 2—Amendments to Electricity Safety Act 1998
Division 1—Licensing of electrical lineworkers
3Definitions
(1)In section 3 of the Electricity Safety Act 1998 insert the following definitions—
"electrical linework means construction, alteration, repair, maintenance, or disassembly of a part of a supply network;
electrical lineworker means a person who carries out electrical linework;".
(2)In section 3 of the Electricity Safety Act 1998, in the definition of electrical installation, for "does not include a supply network that is owned or operated by a major electricity company;" substitute "does not include a part of a supply network—
(a)of a railway; or
(b)owned or operated by a major electricity company;".
(3)In section 3 of the Electricity Safety Act 1998, for the definition of electrical work substitute—
"electrical work means—
(a)electrical connection work; or
(b)electrical equipment work; or
(c)electrical inspection work; or
(d)electrical installation work; or
(e)electrical linework;".
4Electrical workers
(1)After section 38(d) of the Electricity Safety Act 1998 insert—
"(da)licensed under this Division as an electrical lineworker in respect of electrical linework of that class; or".
(2)At the foot of section 38(e) of the Electricity Safety Act 1998 insert—
"Note
Section 120GA prevents an accepted ESMS from authorising certain persons from carrying out certain classes of electrical linework.".
5Acceptance of electricity safety management scheme
(1)In section 102(2) of the Electricity Safety Act 1998, before "Energy Safe Victoria" insert "Subject to subsection (2A),".
(2)After section 102(2) of the Electricity Safety Act 1998 insert—
"(2A)Energy Safe Victoria must not accept an electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework—
(a)for which the person is not licensed under Division 2 of Part 3; and
(b)that is a prescribed class of electrical work for the purposes of that Division.".
6Provisional acceptance of electricity safety management scheme
(1)In section 103(1) of the Electricity Safety Act 1998, before "Energy Safe Victoria" insert "Subject to subsection (1A),".
(2)After section 103(1) of the Electricity Safety Act 1998 insert—
"(1A)Energy Safe Victoria must not provisionally accept an electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework—
(a)for which the person is not licensed under Division 2 of Part 3; and
(b)that is a prescribed class of electrical work for the purposes of that Division.".
7Energy Safe Victoria may determine electricity safety management scheme
(1)In section 105(1) of the Electricity Safety Act 1998, for "Energy Safe Victoria may" substitute "Subject to subsection (1A), Energy Safe Victoria may".
(2)After section 105(1) of the Electricity Safety Act 1998 insert—
"(1A)Energy Safe Victoria must not determine an electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework—
(a)for which the person is not licensed under Division 2 of Part 3; and
(b)that is a prescribed class of electrical work for the purposes of that Division.".
8New section 120GA inserted
After the heading to Division 4 of Part 10 of the Electricity Safety Act 1998 insert—
"120GA Accepted ESMS does not authorise certain electrical linework
A provision of an accepted ESMS that purports to authorise a person to carry out any class of electrical linework—
(a)for which the person is not licensed under Division 2 of Part 3; and
(b)that is a prescribed class of electrical work for the purposes of that Division—
does not have that effect.".
9Electrical contractors and electrical workers
In section 156(j) of the Electricity Safety Act 1998, for "licences and" substitute "licences, renewal of licences, or".
Division 2—Electrical inspection work
10Definitions
In section 3 of the Electricity Safety Act 1998, in the definition of electrical inspection work, for "electrical equipment;" substitute "an electrical installation or other electrical equipment;".
Division 3—Consequential amendments relating to the Victorian Energy Safety Commission
11Definitions
(1)In section 3 of the Electricity Safety Act 1998, the definition of Director is repealed.
(2)In section 3 of the Electricity Safety Act 1998, for the definition of Energy Safe Victoria substitute—
"Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;".
(3)Insert the following definitions in section 3 of the Electricity Safety Act 1998—
"Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the Energy Safe Victoria Act 2005;
Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005;".
12Enforcement officers
(1)For section 121(1) of the Electricity Safety Act 1998 substitute—
"(1)The Chairperson of Energy Safe Victoria may appoint any of the following persons to be an enforcement officer for the purposes of this Act and the Electricity Industry Act 2000—
(a)the Chief Executive Officer of Energy Safe Victoria;
(b)an employee, agent or contractor of Energy Safe Victoria.".
(2)In section 121(3)(a) of the Electricity Safety Act 1998, for "Director" substitute "Chairperson of Energy Safe Victoria".
(3)In section 121(4) of the Electricity Safety Act 1998, for "his or her" (where twice occurring) substitute "their".
13Director may give directions
(1)In the heading to section 141 of the Electricity Safety Act 1998, for "Director" substitute "Chairperson of Energy Safe Victoria".
(2)In section 141(1) and (2) of the Electricity Safety Act 1998—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (wherever occurring) substitute "Chairperson".
14Additional powers in emergencies
(1)In section 141A(1) of the Electricity Safety Act 1998—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (where secondly occurring) substitute "Chairperson".
(2)In section 141A(4) of the Electricity Safety Act 1998, for "Director" substitute "Chairperson".
15Director may give directions to preserve, retain or store
(1)In the heading to section 141AC of the Electricity Safety Act 1998, for "Director" substitute "Chairperson of Energy Safe Victoria".
(2)In section 141AC(1) of the Electricity Safety Act 1998, for "Director" substitute "Chairperson of Energy Safe Victoria".
(3)In section 141AC(2) of the Electricity Safety Act 1998, for "Director" (where twice occurring) substitute "Chairperson".
16Section 141B substituted and new section 141C inserted
For section 141B of the Electricity Safety Act 1998 substitute—
"141B Delegation by Chairperson of Energy Safe Victoria
(1)The Chairperson of Energy Safe Victoria may by instrument delegate any of the following functions and powers to a person specified in subsection (2)—
(a)any function or power under section 141; or
(b)with the consent of the Minister, any function or power under section 141A.
(2)The functions and powers may be delegated to—
(a)another Commissioner (within the meaning of the Energy Safe Victoria Act 2005); or
(b)the Chief Executive Officer (within the meaning of the Energy Safe Victoria Act 2005); or
(c)any employee of Energy Safe Victoria.
141CNotification to Minister
The Chairperson of Energy Safe Victoria must notify the Minister in writing if the Chairperson—
(a)gives a direction under section 141(1) or (2); or
(b)gives a direction or does any other thing under section 141A(1); or
(c)gives a direction under section 141AC(2).".
Division 4—Transitional provisions
17New sections 168 and 169 inserted
After section 167 of the Electricity Safety Act 1998 insert—
"168 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected
(1)The amendments made by the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020 do not affect an appointment under section 121(1) that was in force immediately before the commencement of Division 3 of Part 2 of that Act.
(2)An appointment referred to in subsection (1) continues in effect on and after the commencement of Division 3 of Part 2 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020.
169Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers
(1)On 31 December 2020, Energy Safe Victoria must give the Minister a statement that lists each person whom Energy Safe Victoria is required, under subsection (2), to list in the statement.
(2)Energy Safe Victoria must list a person in the statement if Energy Safe Victoria is satisfied that, on 31 December 2020, the person is the subject of a current entry in a register of electrical lineworkers maintained by Energy Safe Victoria.
(3)On 1 January 2021, Energy Safe Victoria must, under section 40(1), license each person listed in the statement given to the Minister under subsection (1) as an electrical worker in respect of a specified class of electrical linework.
(4)In issuing licences as required by subsection (3), Energy Safe Victoria is not required to specify the same period of operation, or the same class of electrical linework, in each licence.
(5)Despite anything in section 40 or the regulations—
(a)a person listed in the statement given to the Minister under subsection (1) is not required—
(i)to apply for the licence that subsection (3) requires Energy Safe Victoria to issue the person; or
(ii)to give Energy Safe Victoria any other information or material in relation to the issue of that licence; or
(iii)to pay any fee in relation to the issue of that licence; and
(b)Energy Safe Victoria must issue that licence whether or not the person meets any requirements set out in the regulations for the issue of a licence.
(6)Nothing in subsection (5) prevents Energy Safe Victoria from doing any of the following things in accordance with this Act and the regulations—
(a)varying, cancelling or suspending a licence issued as required by subsection (3);
(b)imposing a condition or restriction on a licence issued as required by subsection (3).".
Division 5—Statute law revision
18Outdated references to Departments
(1)In section 86(9) of the Electricity Safety Act 1998, for "Department of Natural Resources and Environment" substitute "Department of Environment, Land, Water and Planning".
(2)In section 87(5)(e) of the Electricity Safety Act 1998, for "Department of Environment and Primary Industries," substitute "Department of Environment, Land, Water and Planning,".
19Other statute law revision amendments
In section 141AB(4) of the Electricity Safety Act 1998, for "natual" substitute "natural".
Part 3—Amendments to the Energy Safe Victoria Act 2005
Division 1—Victorian Energy Safety Commission
20Purposes
In section 1(a) of the Energy Safe Victoria Act 2005, for "Energy Safe Victoria;" substitute "the Victorian Energy Safety Commission (which is also to be known as Energy Safe Victoria);".
21Section 3 substituted
For section 3 of the Energy Safe Victoria Act 2005 substitute—
"3 Definitions
In this Act—
Chairperson means the Commissioner appointed as Chairperson of Energy Safe Victoria under section 10E;
Chief Executive Officer means the Chief Executive Officer of Energy Safe Victoria appointed under section 11;
Commissioner means a person appointed as a Commissioner of Energy Safe Victoria under section 10B;
Deputy Chairperson means the Commissioner appointed as Deputy Chairperson of Energy Safe Victoria under section 10F;
Energy Safe Victoria means the Victorian Energy Safety Commission established by section 4;
Technical Advisory Committee means the Committee established under section 22A.".
22Heading to Part 2 substituted
For the heading to Part 2 of the Energy Safe Victoria Act 2005 substitute—
"Part 2—Victorian Energy Safety Commission".
23Section 4 substituted and new section 4A inserted
For section 4 of the Energy Safe Victoria Act 2005 substitute—
"4 Establishment of the Victorian Energy Safety Commission
(1)The Victorian Energy Safety Commission is established.
(2)The Victorian Energy Safety Commission—
(a)is a body corporate with perpetual succession; and
(b)has an official seal; and
(c)may sue and be sued; and
(d)may acquire, hold and dispose of real and personal property; and
(e)may do and suffer all acts and things that a body corporate may by law do and suffer; and
(f)is also to be known as Energy Safe Victoria; and
(g)may be referred to as Energy Safe Victoria for any purpose.
4AOfficial seal
(1)The official seal of Energy Safe Victoria—
(a)must be kept in custody as directed by Energy Safe Victoria; and
(b)must not be used except as authorised by Energy Safe Victoria.
(2)All courts must take judicial notice of the seal of Energy Safe Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.".
24Delegation
(1)For section 10(a) of the Energy Safe Victoria Act 2005 substitute—
"(a)a Commissioner;
(ab)the Chief Executive Officer;
(ac)an employee of Energy Safe Victoria;".
(2)At the end of section 10 of the Energy Safe Victoria Act 2005 insert—
"(2)The Chairperson may, by instrument, delegate any function or power of the Chairperson, other than this power of delegation, to—
(a)another Commissioner;
(b)the Chief Executive Officer;
(c)with the consent of the Minister, an employee of Energy Safe Victoria.".
25New Divisions 1A and 1B of Part 2 inserted
After section 10 of the Energy Safe Victoria Act 2005 insert—
"Division 1A—Constitution
10AConstitution of Energy Safe Victoria
Energy Safe Victoria consists of—
(a)a Commissioner appointed as Chairperson; and
(b)a Commissioner appointed as Deputy Chairperson; and
(c)an additional Commissioner.
10BAppointment of Commissioners
(1)The Governor in Council, on the recommendation of the Minister, may appoint a person (other than the Chief Executive Officer) as a Commissioner.
(2)In recommending a person for appointment as a Commissioner, the Minister must seek to ensure that collectively the Commissioners have skills, qualifications, knowledge and experience in the fields of—
(a)regulation; and
(b)economics; and
(c)law; and
(d)community safety.
10CDuration of appointment as Commissioner
A Commissioner—
(a)holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and
(b)is not eligible to be appointed for more than 2 terms.
10DTerms and conditions of appointment as Commissioner
(1)A Commissioner is appointed on the terms and conditions that are specified in the instrument of appointment.
(2)The instrument of appointment must specify—
(a)the remuneration and allowances of the Commissioner; and
(b)whether the Commissioner is appointed on a full-time or part-time basis.
10EAppointment of Chairperson
The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Chairperson of Energy Safe Victoria.
10FAppointment of Deputy Chairperson
The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Deputy Chairperson of Energy Safe Victoria.
10GVacancies and removal
(1)The office of a Commissioner becomes vacant if the Commissioner—
(a)becomes an insolvent under administration; or
(b)is convicted or found guilty of an indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or
(c)is removed from office under subsection (2); or
(d)resigns by notice in writing to the Minister.
(2)The Governor in Council, on the recommendation of the Minister, may remove a Commissioner from office.
(3)The Minister may recommend that the Governor in Council remove a Commissioner from office only if—
(a)the Commissioner is incapable of performing the Commissioner's functions or duties; or
(b)the Commissioner is negligent in performing the Commissioner's functions or duties; or
(c)the Commissioner engages in improper conduct in performing the Commissioner's functions or duties; or
(d)the Commissioner fails to disclose a pecuniary interest as required under section 10M; or
(e)the Commissioner is convicted or found guilty of an offence against—
(i)this Act; or
(ii)the Gas Safety Act 1997; or
(iii)the Electricity Safety Act 1998; or
(iv)the Pipelines Act 2005; or
(f)the Minister considers that the Commissioner is no longer suitable to hold office.
10HActing arrangements
(1)The Deputy Chairperson must act in the office of Chairperson during any period when—
(a)the Chairperson's office is vacant; or
(b)the Chairperson is absent; or
(c)for any other reason, the Chairperson is unable to perform the Chairperson's functions or duties.
(2)The Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of a Commissioner for a period not exceeding 6 months if—
(a)that Commissioner is absent; or
(b)for any other reason, that Commissioner is unable to perform that Commissioner's functions or duties.
(3)A person who is acting in an office under this section has all the functions, powers and duties of that office under this or any other Act.
(4)While the Deputy Chairperson is acting as Chairperson, the Deputy Chairperson is entitled to be paid—
(a)the remuneration and allowances to which the Chairperson would have been entitled under their instrument of appointment under section 10D; and
(b)not the remuneration and allowances to which the Deputy Chairperson would have been entitled under their instrument of appointment under section 10D.
(5)While a person is acting in the office of a Commissioner, the person is entitled to be paid the remuneration and allowances to which that Commissioner would have been entitled under their instrument of appointment under section 10D.
10IValidity of acts and decisions
An act or decision of Energy Safe Victoria is not invalid merely because of—
(a)a vacancy in the office of a Commissioner at the time of the decision; or
(b)a defect or irregularity in, or in connection with, the appointment of a Commissioner or an acting Commissioner.
10JCommissioners protected from liability
(1)A Commissioner is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the performance of a function of Energy Safe Victoria; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of Energy Safe Victoria.
(2)Any liability resulting from an act or omission that, without subsection (1), would attach to the Commissioner attaches instead to Energy Safe Victoria.
Division 1B—Procedure
10KMeetings
(1)The Chairperson must determine when Energy Safe Victoria meets.
(2)A meeting of Energy Safe Victoria may be conducted by—
(a)telephone; or
(b)audio visual link; or
(c)another means of communication that does not require the physical presence of each Commissioner in the same room.
(3)The quorum at a meeting is 2 Commissioners of whom one must be the Chairperson or the Deputy Chairperson.
(4)The Chairperson must preside at a meeting of Energy Safe Victoria in which the Chairperson is included.
(5)The Deputy Chairperson must preside at a meeting of Energy Safe Victoria in which the Chairperson is not included.
(6)A question arising at a meeting is determined by a majority of votes of the Commissioners.
(7)The person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, a second or casting vote.
(8)The person presiding at a meeting must ensure that accurate minutes are kept.
(9)Subject to this Act, Energy Safe Victoria may regulate its own proceedings.
10LResolutions without meetings
(1)Energy Safe Victoria may, in accordance with this section, pass a resolution without a meeting.
(2)The Chairperson may propose a resolution by making reasonable efforts to give each other Commissioner a written notice setting out the proposed resolution.
(3)Energy Safe Victoria is taken to have passed a resolution proposed in a notice under subsection (2) if at least 2 Commissioners sign a document that—
(a)sets out the resolution; and
(b)states that the Commissioners signing the document are in favour of that resolution.
(4)It does not matter whether—
(a)there is only one document that is signed by the Commissioners; or
(b)different Commissioners sign different documents.
(5)The resolution is taken to have been passed on the day on which the second Commissioner signs a document under subsection (3).
(6)A Commissioner who has a pecuniary interest in a resolution proposed in a notice under subsection (2) must not sign a document under subsection (3) in respect of that resolution.
(7)Subsection (6) does not apply in relation to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.
(8)If a Commissioner signs a document under subsection (3) in contravention of subsection (6), the Commissioner is taken to have validly signed the document for the purposes of determining whether at least 2 Commissioners have signed a document under subsection (3).
(9)The Chairperson must give each other Commissioner a copy of a resolution passed under this section as soon as practicable after it is passed.
(10)Energy Safe Victoria must keep a record of all resolutions passed under this section.
10MPecuniary interests of Commissioners
(1)If a Commissioner has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Commissioner must disclose the nature of that interest at a meeting of Energy Safe Victoria.
(2)If the Chairperson has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Chairperson must disclose the nature of that interest to the Minister.
(3)The Chairperson must cause a record of a disclosure made under subsection (1) or (2) to be made in the minutes of the meeting at which the disclosure is made or, in the case of a disclosure to the Minister, at the next meeting of Energy Safe Victoria.
(4)A Commissioner who has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria must not be present during any deliberation with respect to, or vote on, that matter.
(5)A failure to comply with this section does not affect the validity of a decision of Energy Safe Victoria.
(6)This section does not apply in relation to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.".
26Division 2 of Part 2 substituted
For Division 2 of Part 2 of the Energy Safe Victoria Act 2005 substitute—
"Division 2—Chief Executive Officer
11Appointment of Chief Executive Officer
(1)Energy Safe Victoria may appoint a person (other than a Commissioner) as the Chief Executive Officer of Energy Safe Victoria.
(2)Before appointing a person as the Chief Executive Officer, Energy Safe Victoria must consult with the Minister.
(3)The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive Officer in respect of the office of Chief Executive Officer.
12Function of Chief Executive Officer
The Chief Executive Officer is responsible to Energy Safe Victoria for the day-to-day management and administration of the affairs of Energy Safe Victoria.
13Duration of appointment as Chief Executive Officer
The Chief Executive Officer—
(a)holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and
(b)is eligible to be reappointed.
14Terms and conditions of appointment as Chief Executive Officer
(1)The Chief Executive Officer is appointed on the terms and conditions that are specified in the instrument of appointment.
(2)The instrument of appointment must specify the remuneration and allowances of the Chief Executive Officer.
15Acting Chief Executive Officer
(1)Energy Safe Victoria may appoint a person to act in the office of Chief Executive Officer if—
(a)the office of Chief Executive Officer is vacant; or
(b)the Chief Executive Officer is absent; or
(c)for any other reason, the Chief Executive Officer is unable to perform the Chief Executive Officer's functions or duties.
(2)A person who is acting in the office of Chief Executive Officer under this section has all the functions, powers and duties of that office under this or any other Act.
(3)A person appointed to act in the office of Chief Executive Officer under subsection (1)—
(a)is appointed for the period specified in the instrument of appointment; and
(b)is appointed on the terms and conditions (including remuneration and allowances), specified in the instrument of appointment; and
(c)is eligible to be reappointed.
(4)The period of appointment specified in the instrument of appointment must not exceed 6 months.
16Validity of acts and decisions by Chief Executive Officer
(1)An act or decision of the Chief Executive Officer is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Chief Executive Officer.
(2)Anything done by or in relation to a person purporting to act as Chief Executive Officer is not invalid merely because—
(a)the occasion for the appointment has not arisen; or
(b)there was a defect or irregularity in relation to the appointment; or
(c)the appointment has ceased to have effect; or
(d)the occasion for the person to act had not arisen or had ceased.
17Pecuniary interests of Chief Executive Officer
(1)If the Chief Executive Officer has a pecuniary interest in a matter that they are to consider, the Chief Executive Officer must disclose the nature of that interest to Energy Safe Victoria.
(2)Subsection (1) does not apply to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.
(3)A failure to comply with this section does not affect the validity of a decision of the Chief Executive Officer.
18Protection from liability—Chief Executive Officer
(1)The Chief Executive Officer is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or the performance of a function of the Chief Executive Officer; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of the Chief Executive Officer.
(2)Any liability resulting from an act or omission that, without subsection (1), would attach to the Chief Executive Officer attaches instead to Energy Safe Victoria.".
27General Account
For section 24(3)(b) of the Energy Safe Victoria Act 2005 substitute—
"(b)for the remuneration, allowances and expenses of—
(i)the Chief Executive Officer; and
(ii)any acting Chief Executive Officer; and
(iii)the employees of Energy Safe Victoria;".
28Improper use of information
For section 25 of the Energy Safe Victoria Act 2005 substitute—
"25 Improper use of information
(1)This section applies to a person who is or has been—
(a)a Commissioner; or
(b)the Chief Executive Officer; or
(c)the chief electrical inspector within the meaning of Part 5; or
(d)the Director of Gas Safety within the meaning of Part 5; or
(e)an employee, agent or contractor of—
(i)Energy Safe Victoria; or
(ii)OCEI within the meaning of Part 5; or
(iii)OGS within the meaning of Part 5; or
(iv)the old body within the meaning of Part 6.
(2)A person specified in subsection (1) must not make improper use of any protected information to obtain, directly or indirectly, any pecuniary or other advantage for any person.
Penalty:100 penalty units.
(3)In this section—
protected information, in relation to a person specified in subsection (1), means information that the person acquired in the course of the person's duties—
(a)as the holder of an office referred to in that subsection; or
(b)as an employee, agent or contractor referred to in that subsection.".
29Section 43 repealed
(1)Section 43 of the Energy Safe Victoria Act 2005 is repealed.
(2)The heading to Division 4 of Part 5 of the Energy Safe Victoria Act 2005 is repealed.
Division 2—Technical Advisory Committee
30New Division 3A of Part 2 inserted
After section 22 of the Energy Safe Victoria Act 2005 insert—
"Division 3A—Technical Advisory Committee
22AMinister must establish Technical Advisory Committee
The Minister must—
(a)establish a Technical Advisory Committee; and
(b)determine the procedure of the Committee; and
(c)determine the Committee's terms of reference.
22BConstitution of Technical Advisory Committee
The Technical Advisory Committee is to consist of the persons appointed by the Minister under section 22D.
22CFunction of Technical Advisory Committee
(1)The function of the Technical Advisory Committee is to provide advice to Energy Safe Victoria as described in this section.
(2)Subject to subsection (3), the Technical Advisory Committee—
(a)may provide advice to Energy Safe Victoria on its own initiative; and
(b)must provide advice to Energy Safe Victoria on request.
(3)The Technical Advisory Committee must not provide advice on a matter that—
(a)does not relate to Energy Safe Victoria's functions; and
(b)is not within the scope of the terms of reference determined under section 22A(c).
22DAppointment of members of Technical Advisory Committee
(1)The Minister may appoint a person to be a member of the Technical Advisory Committee.
(2)In appointing a person, the Minister must seek to ensure that the membership of the Technical Advisory Committee includes members who are able to represent the interests of—
(a)the electricity industry; and
(b)the gas industry; and
(c)employees in those industries; and
(d)the Victorian community.
22EDuration of appointment as committee member
A member of the Technical Advisory Committee—
(a)holds office for a term, not exceeding 3 years, specified in the instrument of appointment; and
(b)is eligible to be reappointed.
22FTerms and conditions of appointment as committee member
(1)A member of the Technical Advisory Committee is appointed on the terms and conditions that are specified in the instrument of appointment.
(2)The instrument of appointment must specify—
(a)the remuneration and allowances of the member; and
(b)whether the member is appointed on a full-time or part-time basis.".
Division 3—Ministerial directions
31New Division 3B inserted
Before Division 4 of Part 2 of the Energy Safe Victoria Act 2005 insert—
"Division 3B—Direction by the Minister
22GMinister may give directions to Energy Safe Victoria
(1)The Minister may notify Energy Safe Victoria that the Minister intends to give Energy Safe Victoria a direction under subsection (2) in respect of the exercise of its powers, or the performance of its functions, under—
(a)this Act; or
(b)the Gas Safety Act 1997; or
(c)the Electricity Safety Act 1998; or
(d)the Pipelines Act 2005.
(2)At least 14 days after notifying Energy Safe Victoria of a proposed direction, the Minister may give that direction to Energy Safe Victoria.
(3)The Minister must not give Energy Safe Victoria a direction under subsection (2) about—
(a)the taking of enforcement action by Energy Safe Victoria for a contravention of—
(i)an Act referred to in subsection (1); or
(ii)regulations made under any of those Acts; or
(b)any decision or action of Energy Safe Victoria in respect of a particular person or product, or particular equipment.
(4)Energy Safe Victoria must comply with a direction under subsection (2).
22HPublication of directions
Energy Safe Victoria must publish on the Internet each direction given by the Minister under section 22G(2).
22IDirections to be summarised in annual report
Energy Safe Victoria must include in its annual report under section 45 of the Financial Management Act 1994 a summary of each direction given by the Minister under section 22G(2) in the financial year to which that annual report relates.".
Division 4—Transitional provisions
32New Part 6 inserted
After Part 5 of the Energy Safe Victoria Act 2005 insert—
"Part 6—Transitional provisions—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
44Definitions
In this Part—
accountable officer has the same meaning as in the Financial Management Act 1994;
commencement day means the date of commencement of this Part;
Director means the person who, immediately before the commencement day, held office as the Director of Energy Safe Victoria appointed under section 12 as in force at that time;
financial statements means financial statements under Part 7 of the Financial Management Act 1994;
new body means the body established by section 4 as substituted by section 23 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020;
old body means the body called Energy Safe Victoria established by section 4 as in force immediately before its substitution by section 23 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020;
report of operations means a report of operations under Part 7 of the Financial Management Act 1994.
45Abolition of old body
On the commencement day—
(a)the old body is abolished; and
(b)the new body is the successor in law to the old body; and
(c)all rights, assets, property, liabilities and obligations of the old body immediately before its abolition become rights, assets, property, liabilities and obligations of the new body; and
(d)the new body is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old body; and
(e)the new body may continue and complete any other continuing matter or thing—
(i)commenced by or against or in relation to the old body; and
(ii)commenced by or against or in relation to the Director.
46Abolition of office of Director of Energy Safe Victoria
On the commencement day—
(a)the office of Director of Energy Safe Victoria is abolished; and
(b)the Director goes out of office.
47Superseded references
A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the old body (however described), or to the Director of Energy Safe Victoria (however described), must be construed as a reference to the new body—
(a)so far as the reference relates to any period on or after the commencement day; and
(b)if not inconsistent with the subject matter.
48Staff
(1)On the commencement day any person who was an employee of the old body immediately before that day is taken to be an employee of the new body on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before that day as an employee of the old body.
(2)If subsection (1) applies to a person—
(a)the service of the person as an employee with the new body is to be regarded for all purposes as having been continuous with the service of the employee with the old body; and
(b)the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old body.
(3)Nothing in this section prevents an employee of the old body from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's employment.
49Outstanding statements and reports under Financial Management Act 1994
(1)The new body must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994, the report of operations for the old body's final financial year if the old body had not prepared that report before the commencement day.
(2)The new body's accountable officer must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994, the financial statements for the old body's final financial year if the old body's accountable officer had not prepared those statements before the commencement day.
(3)The new body must, in accordance with Part 7 of the Financial Management Act 1994, submit the report of operations for the old body's final financial year if the old body had not submitted that report before the commencement day.
(4)If the new body is required to submit a report under subsection (3), the report must be submitted as soon as practicable after it has been prepared.
(5)The new body's accountable officer must, in accordance with Part 7 of the Financial Management Act 1994, submit the financial statements for the old body's final financial year if the old body's accountable officer had not submitted those statements before the commencement day.
(6)If the new body's accountable officer is required to submit statements under subsection (5), those statements must be submitted—
(a)within 8 weeks after the end of the old body's final financial year; or
(b)if that period has already elapsed, as soon as practicable after the statements have been prepared.
(7)The old body's final financial year is the period of 12 months ending at midnight on 30 June preceding the commencement day.
50First new statements and reports under Financial Management Act 1994
(1)If the commencement day is not 1 July 2020—
(a)the new body must incorporate into the new body's first report of operations the report of operations of the old body during the transitional reporting period; and
(b)the new body's accountable officer must incorporate into the new body's first financial statements the financial statements for the old body during the transitional reporting period.
(2)The transitional reporting period is the period—
(a)beginning 1 July preceding the commencement day; and
(b)ending on the commencement day.".
Part 4—Amendments to other Acts
Division 1—Gas Safety Act 1997
33Definitions
(1)In section 3(1) of the Gas Safety Act 1997, the definition of Director is repealed.
(2)In section 3(1) of the Gas Safety Act 1997, for the definition of Energy Safe Victoria substitute—
"Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;".
(3)Insert the following definitions in section 3(1) of the Gas Safety Act 1997—
"Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the Energy Safe Victoria Act 2005;
Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005;
Commissioner of Energy Safe Victoria means a Commissioner within the meaning of the Energy Safe Victoria Act 2005;".
34Inspectors
(1)In section 86(1) of the Gas Safety Act 1997, for "Director" substitute "Chairperson of Energy Safe Victoria".
(2)In section 86(2) and (3)(a) of the Gas Safety Act 1997, for "Director" substitute "Chairperson of Energy Safe Victoria".
(3)In section 86(4) of the Gas Safety Act 1997, for "his or her" substitute "their".
(4)In section 86(5) of the Gas Safety Act 1997, for "Director" substitute "Chairperson of Energy Safe Victoria".
35Entry to be reported to the Director
(1)In the heading to section 93 of the Gas Safety Act 1997, for "the Director" substitute "Energy Safe Victoria".
(2)In section 93(1) of the Gas Safety Act 1997, for "the Director" substitute "Energy Safe Victoria".
(3)In section 93(3) of the Gas Safety Act 1997—
(a)for "The Director" substitute "Energy Safe Victoria";
(b)for "the Director" substitute "Energy Safe Victoria".
(4)For section 93(4) of the Gas Safety Act 1997 substitute—
"(4)Energy Safe Victoria must keep, as part of that register, the register sent under clause 6(1)(a) of Schedule 1.".
36Heading to section 106 inserted
Insert the following heading to section 106 of the Gas Safety Act 1997—
"Chairperson of Energy Safe Victoria may give directions".
37Section 106 amended
(1)In section 106(1) of the Gas Safety Act 1997—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (where secondly occurring) substitute "Chairperson".
(2)In section 106(2) of the Gas Safety Act 1997—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (where secondly occurring) substitute "Chairperson".
38Additional powers in emergencies
(1)In section 107(1) of the Gas Safety Act 1997—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (where secondly occurring) substitute "Chairperson".
(2)In section 107(1A) of the Gas Safety Act 1997, for "Director" (where twice occurring) substitute "Chairperson".
(3)In section 107(4) of the Gas Safety Act 1997, for "Director" substitute "Chairperson".
39Power of Minister
(1)In section 107A(1) of the Gas Safety Act 1997—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (where secondly occurring) substitute "Chairperson".
(2)In section 107A(2) of the Gas Safety Act 1997, for "Director" (wherever occurring) substitute "Chairperson".
40Section 107B substituted
For section 107B of the Gas Safety Act 1997 substitute—
"107B Delegation by Chairperson of Energy Safe Victoria
(1)The Chairperson of Energy Safe Victoria may by instrument, delegate any of the following functions and powers to a person specified in subsection (2)—
(a)any function or power under section 106; or
(b)with the consent of the Minister, any function or power under section 107.
(2)The functions and powers may be delegated to—
(a)another Commissioner of Energy Safe Victoria; or
(b)the Chief Executive Officer of Energy Safe Victoria; or
(c)any employee of Energy Safe Victoria.".
41Heading to section 108 inserted
Insert the following heading to section 108 of the Gas Safety Act 1997—
"Defence to certain offences if complying with directions of Chairperson of Energy Safe Victoria".
42Section 108 amended
In section 108 of the Gas Safety Act 1997, for "Director" substitute "Chairperson of Energy Safe Victoria".
43Protection from liability
For section 109(2) of the Gas Safety Act 1997 substitute—
"(2)This section applies to—
(a)the Chairperson of Energy Safe Victoria; and
(b)Energy Safe Victoria; and
(c)the employees and agents of Energy Safe Victoria.".
44New section 109B inserted
After section 109A of the Gas Safety Act 1997 insert—
"109B Notification to Minister
The Chairperson of Energy Safe Victoria must notify the Minister in writing if the Chairperson—
(a)gives a direction under section 106(1) or (2); or
(b)gives a direction or does any other thing under section 107(1); or
(c)gives a direction under section 107(1A).".
45Heading to section 110 inserted
Insert the following heading to section 110 of the Gas Safety Act 1997—
"Issue of improvement notice".
46Section 110 amended
(1)In section 110(1) of the Gas Safety Act 1997—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (where secondly occurring) substitute "Chairperson".
(2)In section 110(3)(a) of the Gas Safety Act 1997, for "Director" substitute "Chairperson".
47Heading to section 112 inserted
Insert the following heading to section 112 of the Gas Safety Act 1997—
"Issue of prohibition notice".
48Director or inspector may issue prohibition notice
(1)In section 112(1) of the Gas Safety Act 1997—
(a)for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria";
(b)for "Director" (where secondly occurring) substitute "Chairperson".
(2)In section 112(2) of the Gas Safety Act 1997, for "Director" substitute "Chairperson".
(3)In section 112(3) of the Gas Safety Act 1997—
(a)in paragraph (a), for "Director" substitute "Chairperson";
(b)in paragraphs (c) and (d), for "Director's" substitute "Chairperson's".
49Notices may include directions
In section 114(1) of the Gas Safety Act 1997, for "Director" substitute "Chairperson of Energy Safe Victoria".
50New section 129 inserted
After section 128 of the Gas Safety Act 1997 insert—
"129 Transitional provision—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
(1)The amendments made by the amending Act do not affect an appointment under section 86(1) that was in force immediately before the commencement of this section.
(2)An appointment referred to in subsection (1) continues in effect on and after the commencement of this section.".
(3)Section 108 applies in relation to an old direction in the same way that it applies in relation to a direction given under Division 1 of Part 6 by the Chief Executive Officer of Energy Safe Victoria.
(4)In this section—
amending Act means the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020;
old direction means a direction that was given—
(a)under Division 1 of Part 6; and
(b)before the commencement of section 37 of the amending Act; and
(c)by the person who, at that time, was the Director within the meaning of the Energy Safe Victoria Act 2005 as in force at that time.".
Division 2—Pipelines Act 2005
51Definitions
In section 5 of the Pipelines Act 2005, for the definition of Energy Safe Victoria substitute—
"Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;".
52Co-ordination of notices and notice periods
In section 33(1) of the Pipelines Act 2005, for "a applicant" substitute "an applicant".
53Delegation by Minister
For section 184(c) of the Pipelines Act 2005 substitute—
"(c)a Commissioner within the meaning of the Energy Safe Victoria Act 2005; or
(d)the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005; or
(e)any other employee of Energy Safe Victoria.".
Division 3—Other Acts
54Electricity Industry Act 2000
For section 105(4) of the Electricity Industry Act 2000 substitute—
"(4)In this section—
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005.".
55Gas Industry Act 2001
For section 231(4) of the Gas Industry Act 2001 substitute—
"(4)In this section—
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005.".
56National Electricity (Victoria) Act 2005
In section 13 of the National Electricity (Victoria) Act 2005, for the definition of Energy Safe Victoria substitute—
"Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;".
57National Gas (Victoria) Act 2008
In section 3(1) of the National Gas (Victoria) Act 2008, for the definition of Energy Safe Victoria substitute—
"Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;".
58Rail Safety (Local Operations) Act 2006
In section 3(1) of the Rail Safety (Local Operations) Act 2006, for the definition of Energy Safe Victoria substitute—
"Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;".
Part 5—Repeal of this Act
59Repeal of this Act
This Act is repealed on 1 January 2022.
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).
═════════════
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: 16 October 2019
Legislative Council: 14 November 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Safety Act 1998 and the Energy Safe Victoria Act 2005 in relation to Energy Safe Victoria and certain classes of electrical work and to make consequential and related amendments to certain other Acts and for other purposes."
0
0
0