Essential Services Commission Act 2001 (Vic)

Version No. 070

Essential Services Commission Act 2001

No. 62 of 2001

Version incorporating amendments as at

1 July 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Order declaring a regulated industry

5Interpretation and application of Act

6Crown to be bound

Part 2—Essential Services Commission

7Essential Services Commission

8Objective of the Commission

8AMatters which the Commission must have regard to

9Commission represents Crown

10Functions of the Commission

10AAAReporting on regulated industry market structure and performance

10AACommission's functions in relation to compliance and enforcement

10AABCommission's functions in relation to the retail energy market

10CCommission's functions in relation to renewable energy

10DCommission's functions in relation to energy efficiency

10ECommission's functions in relation to Councils

11Powers of the Commission

12Commission not subject to direction or control

13Commission may publish statements and guidelines

14Commission must publish Charter

15Consultation

16Memoranda of Understanding

17Membership of the Commission

18The Chairperson

19Tenure of office of Chairperson

20Acting appointment

21Additional Commissioners

22Tenure of office of additional Commissioners

23Payment of Chairperson and other Commissioners

23AChief executive officer

24Staff

25Consultants

26Delegation

27Declaration of pecuniary interests

28Meetings of the Commission

29Conduct of particular inquiry or determination

30Determinations of the Commission

31Matters to be included in annual report

Part 3—Specific powers

31ADefinitions

32Price Regulation

33Price determinations

34Other regulatory powers

35General provisions relating to determinations

Part 3A—Third party access regimes

35AObject of Part

35BApplication of Part

35CPricing principles applying in respect of regulated access prices

35DTime limit for determinations relating to third party infrastructure access regimes

Part 4—Information gathering notices

Division 1—Information gathering notices

36Information gathering notices—performing functions or exercising powers

37Information gathering notices—matters that constitute contravention of essential services requirement

38Form of information gathering notice

Division 2—Compliance with information gathering notices

39Power to examine on oath or affirmation

39AProtection against self-incrimination—information gathering notices under section 36(1)

39BProtection against self-incrimination—information gathering notices under section 37(1)

39COffence of coercion etc. against person who complies with information gathering notice

39DNo liability for loss, damage or injury

Division 3—Documents

39EPowers in relation to documents

39FCopies of seized documents

39GRetention and return of seized documents

39HApplication for return of seized document

39IMagistrates' Court may extend 3-month period

Division 4—When Commission must not serve information gathering notice

39JMatters about which the Commission must not serve information gathering notice

Part 4A—Provision of information relating to regulated entities

39KProvision of information relating to regulated entities

39LMatters about which the Commission must not gather information under this Part

Part 4B—Inspection powers

Division 1—Inspectors

39MAppointment of inspectors

39NInspector's identification

39OProduction of identification

Division 2—Entry and search of premises with consent

39PEntry and search with consent

39QNotice before entry and search

39RAcknowledgement of consent to entry and search

Division 3—Entry and search of premises with warrant

39SSearch warrants

39TForm and content of search warrants

39UWarrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer

39VAnnouncement before entry

39WDetails of warrant to be given to occupier

39XSeizure of documents or computers not mentioned in the warrant

Division 4—Documents and computers

39YCopies of seized documents

39ZRetention and return of seized documents or computers

39ZAApplication for return of seized documents or computers

39ZBMagistrates' Court may extend 3-month period

Division 5—Offences

39ZCRefusal or failure to comply with requirement

39ZDProtection against self-incrimination

39ZEOffence to hinder or obstruct inspector

39ZFOffence to impersonate inspector

Division 6—Miscellaneous

39ZGRequirement to assist inspector during entry

39ZHEntry to be reported to the Commission

39ZIRegister of exercise of powers of entry

39ZJComplaints

Division 7—When inspector must not exercise search and seizure powers or apply for search warrants

39ZKMatters about which inspectors must not exercise search and seizure powers or apply for search warrants

Part 4C—Court may order compliance with requirements

39ZLPowers of court if requirement of Commission or inspector not complied with

Part 5—Inquiries and reports

40Inquiry by Commission

41Minister may refer matter for inquiry

41AMinister may limit use of powers under section 37

42Notice of inquiry

43Conduct of inquiry

45Reports

46Special reports

Part 6—Codes of Practice

47Power to make Codes of Practice

48Power to apply, adopt or incorporate

49Publication of Codes of Practice and amendments

50Automatic revocation of Codes of Practice after 10 years

Part 7—Enforcement

Division 1—Contravention order and related orders

Subdivision 1—Contravention order

53Contravention order

Subdivision 2—Civil penalty orders

54Civil penalty orders

54ACivil penalty amount—energy licensees

54BCivil penalty amount—officers of energy licensees

54CCivil penalty amount—other regulated entities

54DCivil penalty amount—officers of other regulated entities

54EHow other civil penalty amounts are to be provided

Subdivision 3—Adverse publicity orders and other orders

54FAdverse publicity orders

54GOrders requiring provision of services, education, etc.

54HCompensation and other orders

Subdivision 4—Matters related to proceedings for contravention order

54IProceedings under this Division are civil proceedings

54IATime period to commence civil proceeding under this Division

54JAuthority to commence proceedings

54KCivil proceedings after criminal proceedings

54LCriminal proceeding during proceeding for civil penalty order

54MCriminal proceedings commenced after proceeding for contravention order

54NEvidence given or produced during proceeding for contravention order

54OConduct contravening more than one civil penalty requirement

54PMultiple contraventions of civil penalty requirements

54QMultiple proceedings for contravention order to be heard together

54RJurisdictional limit of Magistrates' Court does not apply to civil penalty order

Division 2—Penalty notice regime

54SPower to serve a penalty notice

54TNotice penalties

54UHow other notice penalty amounts are to be provided

54VForm of penalty notice

54WCommission must not commence certain proceedings while penalty notice on foot or until time for payment has expired

54XLate payment

54YWithdrawal of penalty notice

54ZRefund of notice penalty

54ZAPayment expiates contravention

54ZBPayment not to have certain consequences

54ZCMultiple contraventions

Division 3—Enforceable undertakings

54ZDEnforceable undertakings

54ZEEnforcement of enforceable undertakings

54ZFMonetary benefits order—contravention of enforceable undertaking

Division 4—Compliance notices

54ZGCompliance notice

Division 5—Injunctions

54ZHInjunctions

54ZIConsent injunctions

54ZJInterim injunctions

54ZKVariation and discharge of injunctions

54ZLUndertakings as to damages and costs

Division 6—Declarations

54ZMDeclarations

Division 7—Other persons involved in contraventions of civil penalty requirements

54ZNPersons involved in contraventions

Division 8—Register of Enforcement Action

54ZORegister of Enforcement Action

Part 7A—Funds

Division 1—Essential Services Commission Enforcement Fund

54ZPEssential Services Commission Enforcement Fund

54ZQPayments into the Essential Services Commission Enforcement Fund

54ZRPayments out of the Essential Services Commission Enforcement Fund

54ZSRecovery of amounts ordered to be paid into the Essential Services Commission Enforcement Fund

Division 2—Essential Services Commission Operating Fund

54ZTEssential Services Commission Operating Fund

54ZUPayments into the Essential Services Commission Operating Fund

54ZVPayments out of the Essential Services Commission Operating Fund

Part 7B—Review by VCAT

55VCAT review

56Proceedings for review by VCAT

56ACommission to give effect to VCAT decisions

Part 7C—General

Division 1—Personal liability and contraventions by bodies corporate and others

60Personal liability

60AContraventions of this Act and relevant legislation by bodies corporate

60BConduct by officers, employees or agents

Division 2—Disclosure of information, information sharing and offences

60CRestriction on disclosure of confidential information

60DCommission must not disclose exempt freedom of information documents

60EInformation sharing arrangements

61Disclosure of information an offence

61AOffence to give false or misleading information or documents

61BMonetary benefits order—false and misleading information offence to Commission

Division 3—Miscellaneous

62Proceedings

62AWho can commence proceedings for offences?

62BDetermining amount to be paid under monetary benefits orders and certain civil penalty orders

62CCourt may grant relief from liability

63Supreme Court—limitation of jurisdiction

64Service of documents

65Regulations

66Review

Part 8—Transitional

67Repeal of the Office of the Regulator-General Act 1994

68Commission is successor in law

69Transitional provision—uncompleted appeals

70Enforcement

71Enforcement orders

72Energy industry penalty notices

73Information gathering

74Information sharing

75Chief executive officer

76Codes of Practice

77Transitional civil penalty requirements—Energy Retail Code

78Transitional civil penalty requirements—Electricity Distribution Code

79Transitional civil penalty requirements—Gas Distribution System Code

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 070

Essential Services Commission Act 2001

No. 62 of 2001

Version incorporating amendments as at

1 July 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to enable the Essential Services Commission to perform the regulatory and advisory functions that are conferred on the Commission in a manner that provides incentives for dynamic, productive and allocative efficiency and promotes the long term interests of Victorian consumers.

2Commencement

This Act comes into operation on 1 January 2002.

3Definitions

In this Act—

annual turnover has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth;

*                *                *                *                *

*                *                *                *                *

application means an application under section 55;

Chairperson means the Commissioner appointed as Chairperson under section 18;

civil penalty order means an order made under section 54(1);

civil penalty requirement means any of the following—

(a)a determination made by the Commission under—

(i)this Act; or

(ii)relevant legislation (other than a determination made under Division 1A or 3 of Part 6 of the Commercial Passenger Vehicle Industry Act 2017);

(b)a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing under relevant legislation;

(c)a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing by reason of an Order made under section 4;

(d)a provision of a Code of Practice that is—

(i)prescribed as a civil penalty requirement; or

(ii)specified in the Code of Practice as a civil penalty requirement;

(e)a provision of this Act that is—

(i)specified by this Act as a civil penalty requirement; or

(ii)prescribed as a civil penalty requirement;

(f)a provision of relevant legislation (other than a provision that includes a statutory condition) that is—

(i)specified by the relevant legislation as a civil penalty requirement for the purposes of this Act; or

(ii)prescribed in regulations made under the relevant legislation as a civil penalty requirement for the purposes of this Act;

(g)the following Orders—

(i)an Order made under section 13(1), 17, 40D(1) or 40E(1) of the Electricity Industry Act 2000;

(ii)the Wimmera and Colac Tariff Order within the meaning of section 20 of the Gas Industry Act 2001;

(iii)an Order made under section 21(1), 24, 48C(1) or 48D(1) of the Gas Industry Act 2001;

Code of Practice means a Code of Practice applying under Part 6 or relevant legislation;

Commission means the Essential Services Commission established under section 7;

Commission port Pricing Order decision means a decision of the Commission made under a provision of a port Pricing Order that is prescribed;

Commissioner means the Chairperson or an additional Commissioner appointed under section 21;

compliance notice means a notice under section 54ZG;

computer means any electronic device for storing or processing information;

conduct, in relation to a contravention, includes a refusal or failure to do something;

contravention order means an order made under section 53(1) or (2);

Council has the same meaning as in the Local Government Act 2020;

empowering instrument means—

(a)the relevant legislation; or

(b)an Order made under section 4; or

(c)the Tariff Order; or

(ca)any Order made under section 21 of the Gas Industry Act 2001; or

(d)any Order made under Division 2 or 2A of Part 2 of the Electricity Industry Act 2000; or

(e)a Water Industry Regulatory Order made under Part 1A of the Water Industry Act 1994; or

(f)a port Pricing Order;

energy licence means—

(a)a licence issued under Part 2 of the Electricity Industry Act 2000; or

(b)a licence issued under Part 3 of the Gas Industry Act 2001;

energy licensee means the holder of an energy licence;

energy retailer means—

(a)a retailer within the meaning of the Electricity Industry Act 2000; or

(b)a gas retailer within the meaning of the Gas Industry Act 2001;

enforceable undertaking means an undertaking given under section 54ZD;

*                *                *                *                *

essential service means a service (including the supply of goods) provided by—

(a)the electricity industry;

(b)the gas industry;

(c)the ports industry;

(d)the grain handling industry;

(e)the rail industry;

(f)the water industry;

(fa)the non-cash payment transaction industry;

(fb)the commercial passenger vehicle industry in relation to applicable unbooked services within the meaning of Division 1A of Part 6 of the Commercial Passenger Vehicle Industry Act 2017;

(fc)the VEET scheme within the meaning of the Victorian Energy Efficiency Target Act 2007;

(g)any other industry prescribed for the purpose of this definition;

Essential Services Commission Enforcement Fund means the fund established by section 54ZP;

Essential Services Commission Operating Fund means the fund established by section 54ZT;

essential services requirement means any of the following—

(a)a provision of this Act;

(b)a provision of relevant legislation (other than a provision that includes a statutory condition) in respect of which the Commission has powers or functions;

(c)a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing under relevant legislation;

(d)a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing by reason of an Order made under section 4;

(e)a provision of a Code of Practice;

information gathering notice means a notice under section 36(1) or 37(1);

inspectormeans a person appointed under section 39M;

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

monetary benefits means monetary, financial or economic benefits, including any monetary, financial or economic benefit a person acquires or accrues by avoiding or delaying the person's compliance with an information gathering notice, an enforceable undertaking or a civil penalty requirement to which the person's offence or contravention relates;

monetary benefits order means an order made under section 54ZF or 61B;

non-cash payment transaction industry has the same meaning as in Division 3 of Part 6 of the Commercial Passenger Vehicle Industry Act 2017;

notice penalty means a penalty set out in section 54T;

officer means an officer within the meaning of section 9 of the Corporations Act;

Order means an Order of the Governor in Council published in the Government Gazette;

penalty notice means a notice served under section 54S;

port Pricing Order means an Order made under section 49A of the Port Management Act 1995;

prescribed agency means a person, body or agency which is prescribed for the purposes of section 15;

prescribed body means a person, body or agency which is prescribed for the purposes of section 16;

Register of Enforcement Action means the register established under section 54ZO(1);

*                *                *                *                *

regulated entity—

(a)means an entity operating in a regulated industry; and

(b)without limiting paragraph (a), includes—

(i)a person who is exempt under section 17 of the Electricity Industry Act 2000 from a requirement to hold a licence and who is required to comply with a Code of Practice as a condition of that exemption; and

(ii)a person who is exempt under section 24 of the Gas Industry Act 2001 from a requirement to hold a licence or obtain registration and who is required to comply with a Code of Practice as a condition of that exemption; and

(iia)a person granted a trial waiver; and

(iii)any other person or class of person prescribed as a regulated entity for Divisions 1 and 2 of Part 7 and section 54ZN for the purposes of this definition;

regulated industry means an industry which provides an essential service and—

(a)is operating under relevant legislation which is specified by the relevant legislation as a regulated industry; or

(b)is declared by an Order under section 4 to be a regulated industry;

relevant legislation means legislation which is specified by that legislation as being relevant legislation;

statutory condition means—

(a)a condition that is set out in relevant legislation which the relevant legislation states is included as a condition of a licence; and

(b)a condition that is deemed or taken to be included as a condition of a licence under relevant legislation;

Example

For example, section 36A of the Electricity Industry Act 2000 sets out a number of conditions to which a licence issued under that Act is subject.

*                *                *                *                *

Tariff Order has the same meaning as in the Electricity Industry Act 2000;

*                *                *                *                *

trial waiver means an exemption granted under section 54 of the Electricity Industry Act 2000 or section 55 of the Gas Industry Act 2001.

4Order declaring a regulated industry

(1)Except as otherwise provided in this section, the Governor in Council may by Order declare an industry to be a regulated industry after having regard to—

(a)the existence of significant and non-transitory market power;

(b)the existence of regulatory benefits which exceed the administration and compliance costs of becoming a regulated industry;

(c)the non-existence of economic regulation specific to that industry by another body under any other State or Commonwealth legislation.

(2)The Order may declare—

(a)which prices are to be prescribed prices in respect of a regulated industry;

(b)which goods and services are to be prescribed goods and services in respect of a regulated industry;

(c)powers that are to be exercised by the Commission in respect of a regulated industry under section 34;

(d)decisions or classes of decisions of the Commission under the powers conferred by the Order that are to be determinations for the purposes of this Act.

(3)This section does not apply to the electricity industry or to the Electricity Industry Act 2000.

(4)Subsection (3) does not affect any Order made before 20 June 1995.

(5)This section does not apply to the gas industry or to the Gas Industry Act 2001.

(6)Subsection (5) does not affect any Order made before 1 December 1998.

(7)This section does not apply to—

(a)railways and rail infrastructure;

(b)tramways and tram infrastructure.

(8)This section does not apply to the regulated water industry within the meaning of section 4A of the Water Industry Act 1994.

(9)While a port Pricing Order is in effect, this section does not apply to—

(a)the ports industry in the port of Melbourne within the meaning of the Port Management Act 1995; or

(b)the Port Management Act 1995 in respect of the port of Melbourne.

5Interpretation and application of Act

(1)Subject to subsection (2) and sections 33(1) and 34(3), if there is any inconsistency between this Act and any other Act, the provisions of this Act prevail.

Note

Other Acts, including relevant legislation, may provide that, despite this subsection, the relevant legislation prevails to the extent of any inconsistency with this Act. See, for example, section 4AA of the Water Industry Act 1994.

(2)Subject to subsection (3), if the Commission considers that there is a conflict between the objectives specified in or under this Act and the objectives specified in the relevant legislation under which a regulated industry operates, the Commission must perform its functions and exercise its powers in such a manner as the Commission considers best achieves the objectives specified in the relevant legislation.

(3)Subsection (2) does not apply to the Electricity Industry Act 2000 or to the Gas Industry Act 2001.

(4)Except as otherwise specifically provided, this Act does not apply to or in respect of an essential service unless the essential service is provided by a regulated industry.

6Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—ESSENTIAL SERVICES COMMISSION

7Essential Services Commission

(1)There is established a body corporate called the Essential Services Commission.

(2)The Commission—

(a)has perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name; and

(d)is capable of taking, purchasing, leasing, holding, selling, exchanging and disposing of real and personal property for the purposes of this Act; and

(e)may do and suffer all acts and things which a body corporate may by law do and suffer and which are necessary or convenient for the purposes of this Act.

(3)All courts must take judicial notice of the seal of the Commission affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

(4)The common seal of the Commission must be kept in such custody as the Commission directs and must not be used except as authorised by the Commission.

8Objective of the Commission

(1)In performing its functions and exercising its powers, the objective of the Commission is to promote the long term interests of Victorian consumers.

(2)Without derogating from subsection (1), in performing its functions and exercising its powers in relation to essential services, the Commission must in seeking to achieve the objective specified in subsection (1) have regard to the price, quality and reliability of essential services.

8AMatters which the Commission must have regard to

(1)In seeking to achieve the objective specified in section 8, the Commission must have regard to the following matters to the extent that they are relevant in any particular case—

(a)efficiency in the industry and incentives for long term investment;

(b)the financial viability of the industry;

(c)the degree of, and scope for, competition within the industry, including countervailing market power and information asymmetries;

(d)the relevant health, safety, environmental and social legislation applying to the industry;

(e)the benefits and costs of regulation (including externalities and the gains from competition and efficiency) for—

(i)consumers and users of products or services (including low income and vulnerable consumers);

(ii)regulated entities;

(f)consistency in regulation between States and on a national basis;

(g)any matters specified in the empowering instrument.

(2)Without derogating from section 8 or subsection (1), the Commission must also when performing its functions and exercising its powers in relation to a regulated industry do so in a manner that the Commission considers best achieves any objectives specified in the empowering instrument.

9Commission represents Crown

The Commission represents the Crown.

10Functions of the Commission

The functions of the Commission are—

(a)to perform such functions as are conferred by this Act and the relevant legislation under which a regulated industry operates;

(b)to advise the Minister on matters relating to the economic regulation of regulated industries, including reliability issues;

(c)when requested by the Minister to do so, to conduct an inquiry into any systemic reliability of supply issues related to a regulated industry or other essential service specified by the Minister in the request;

(d)to conduct inquiries and report under Part 5 on matters relating to regulated industries;

(da)to make, amend and revoke Codes of Practice under Part 6;

(e)to make recommendations to the Minister as to whether an industry which provides an essential service should become a regulated industry or whether a regulated industry should continue to be a regulated industry;

(f)to conduct public education programs—

(i)for the purpose of promoting its objectives under this Act and the relevant legislation; and

(ii)in relation to significant changes in the regulation of a regulated industry;

(g)to advise the Minister in relation to any other matter referred to the Commission by the Minister;

(h)to administer this Act;

(i)to perform the functions conferred on the Commission by the Commercial Passenger Vehicle Industry Act 2017;

(j)to perform the functions conferred on the Commission by the Victorian Renewable Energy Act 2006;

(k)to perform the functions conferred on the Commission by the Victorian Energy Efficiency Target Act 2007;

(ka)to perform the functions conferred on the Commission by Part 8 or 8A of the Local Government Act 1989;

*                *                *                *                *

(l)to perform the functions conferred on the Commission by the Accident Towing Services Act 2007.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

10AAA Reporting on regulated industry market structure and performance

Without limiting section 10 but subject to this Act and any empowering instrument, the Commission may publicly report on the market structure and performance of a regulated industry.

10AA Commission's functions in relation to compliance and enforcement

Without limiting section 10 or relevant legislation, the functions of the Commission include—

(a)to monitor and report on compliance by persons with this Act, relevant legislation in respect of which the Commission has powers or functions and civil penalty requirements; and

(b)to investigate contraventions or possible contraventions by persons of this Act, relevant legislation in respect of which the Commission has powers or functions and civil penalty requirements; and

(c)to commence and conduct proceedings in relation to contraventions by persons of this Act, relevant legislation in respect of which the Commission has powers or functions and civil penalty requirements.

10AAB Commission's functions in relation to the retail energy market

Without limiting section 10(a), the Electricity Industry Act 2000 or the Gas Industry Act 2001, the functions oftheCommission under this Act includetomonitor and report on the competitiveness and efficiency of the Victorian retail markets for electricity andgas.

*                *                *                *                *

*                *                *                *                *

10CCommission's functions in relation to renewable energy

Sections 8, 14, 15, 16, 29 and 30 and Parts 3, 4, 4A, 4B, 4C, 5, 6, 7, 7B and 7C (other than sections 60 and 64) do not apply to the functions of the Commission referred to in section 10(j).

10DCommission's functions in relation to energy efficiency

Sections 8, 14, 15, 16, 29 and 30 and Parts 3, 4, 4A, 4B, 4C, 5, 6, 7B and 7C (other than sections 60, 60A, 60B and 64) do not apply to the functions of the Commission referred to in section 10(k).

10ECommission's functions in relation to Councils

(1)The Commission has the following functions in relation to Councils—

(a)monitoring and reviewing Councils' compliance with the caps set under Part 8A of the Local Government Act 1989;

(b)assessing the outcomes as a result of general Orders and special Orders made under Part 8A of the Local Government Act 1989;

(c)identifying trends across the local government sector arising from the caps, and any other impacts of the caps on the sector.

(2)The Commission must prepare an annual report on Councils' compliance with the caps.

(3)The Commission must prepare a biennial report containing—

(a)an assessment of outcomes as a result of general Orders and special Orders made under Part 8A of the Local Government
Act 1989; and

(b)the identification of any trends across the local government sector arising from the caps, and of any other impacts of the caps on the sector.

(4)A report under subsection (2) or (3) must be published on the Commission's internet site.

(5)The Commission must publish notice of the publication of a report under subsection (2) or (3) in the Government Gazette and in a newspaper generally circulating in Victoria as soon as is practicable after the report is published.

(6)A notice under subsection (5) must specify a place where copies of the report are available for inspection.

(7)In performing its functions and exercising its powers under this section and the Local Government Act 1989, the objective of the Commission is to promote the purposes of Part 8A of the Local Government Act 1989.

11Powers of the Commission

(1)Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and to enable it to achieve its objectives under this Act and under relevant legislation.

(2)Without derogating from subsection (1), the Commission also has such powers as may be conferred on the Commission by the relevant legislation under which a regulated industry operates.

12Commission not subject to direction or control

Except as provided by or under this Act or any other Act, the Commission is not subject to the direction or control of the Minister.

13Commission may publish statements and guidelines

The Commission may publish statements and guidelines relating to the performance of its functions and the exercise of its powers.

14Commission must publish Charter

(1)The Commission must develop and publish a Charter of Consultation and Regulatory Practice including guidelines relating to processes for making determinations and other regulatory decisions and conducting inquiries.

(2)The Charter of Consultation and Regulatory Practice—

(a)must include such matters as are prescribed; and

(b)may include any other matters that the Commission considers appropriate.

15Consultation

(1)This section applies to the Commission and to prescribed agencies for the purpose of ensuring that—

(a)the regulatory and decision making processes of the Commission and prescribed agencies are closely integrated and better informed; and

(b)overlap or conflict between existing and proposed regulatory schemes is avoided.

(2)In this section prescribed agency means a person, body or agency which—

(a)has functions or powers under relevant health, safety, environmental or social legislation applying to a regulated industry; and

(b)is prescribed for the purposes of this section.

(3)The Commission must as early as practicable consult with a relevant prescribed agency—

(a)in the making of a determination; and

(b)in the conduct of an inquiry, after first consulting with the Minister; and

(c)in preparing and reviewing the Charter of Consultation and Regulatory Practice.

(4)If requested in writing to do so by the Commission, a prescribed agency must consult with the Commission—

(a)in relation to any matter specified by the Commission which is relevant to the objectives or functions of the Commission under this Act and under relevant legislation; or

(b)in respect of a matter specified by the Commission which may impact on a regulated industry.

(5)A prescribed agency must ensure that consultation occurs as early as practicable in the regulatory, advisory or decision making processes of the prescribed agency.

(6)The requirements under this section are in addition to any other requirements or processes under any other legislation or regulatory scheme.

16Memoranda of Understanding

(1)In this section prescribed body means—

(a)a person, body or agency which—

(i)is a prescribed agency; or

(ii)represents the interests of users or consumers; and

(b)is prescribed for the purposes of this section.

(2)The Commission and a prescribed body must enter into a Memorandum of Understanding by a date determined by the Minister.

(3)A Memorandum of Understanding—

(a)must include such matters as are prescribed; and

(b)may include any other matters that the parties consider appropriate.

(4)The Commission must ensure that a Memorandum of Understanding is published—

(a)in the Government Gazette; and

(b)on the internet.

17Membership of the Commission

The Commission consists of—

(a)one Commissioner appointed as the Chairperson; and

(b)such number of full-time and part-time additional Commissioners as the Minister considers necessary to enable the Commission to perform its functions.

18The Chairperson

(1)The Governor in Council may appoint a person as Chairperson who is qualified for appointment because of his or her knowledge of, or experience in, one or more of the fields of industry, commerce, economics, law or public administration.

(2)The Chairperson is to be appointed on such terms and conditions, not inconsistent with this Act, as the Governor in Council determines.

(3)The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chairperson in respect of his or her office as a Commissioner.

(4)The Chairperson must not without the consent of the Governor in Council directly or indirectly engage in any paid employment outside of the office of Chairperson.

(5)An act or decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Chairperson or a vacancy in the office of Chairperson.

19Tenure of office of Chairperson

(1)Subject to this Act, the Chairperson—

(a)holds office for such a period not exceeding 5 years as is specified in the instrument of appointment; and

(b)subject to this section, is eligible for re‑appointment.

(2)The Chairperson may be suspended from office by the Governor in Council, but must not be removed from office except in accordance with this Act.

(3)The Minister must cause to be laid before each House of the Parliament a full statement of the grounds of any suspension of the Chairperson within 7 sitting days of the House.

(4)The Chairperson so suspended must be restored to office by the Governor in Council unless each House of the Parliament, within 42 days after the day on which the statement is laid before it, and in the same session, declares by resolution that the Chairperson ought to be removed from office and, if each House within that time so declares, the Chairperson must be removed from office by the Governor in Council.

(5)The Chairperson ceases to hold office if he or she becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt debtors or compounds with his or her creditors or makes an assignment of his or her property for their benefit or a deed of arrangement under any law relating to bankruptcy.

(6)The Chairperson ceases to hold office if he or she nominates for election for either House of the Parliament of Victoria or for the Parliament of the Commonwealth or of another State or of a Territory.

(7)The Chairperson may at any time resign by writing signed and addressed to the Governor in Council.

20Acting appointment

(1)The Minister may appoint a person to act in the office of Chairperson—

(a)during a vacancy in that office; or

(b)during any period, or during all periods, when the person holding that office is absent from duty or is, for any other reason, unable to perform the functions of that office—

but a person appointed to act during a vacancy must not continue so to act for more than 6 months.

(2)An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

(3)The Minister—

(a)subject to this section, may determine the terms and conditions of appointment of a person acting in the office of Chairperson (other than the person's remuneration and allowances); and

(b)may terminate such an appointment at any time.

(4)If a person is acting in the office of Chairperson in accordance with subsection (1)(b) and that office becomes vacant while that person is so acting, that person may continue so to act until—

(a)the Minister otherwise directs; or

(b)the vacancy is filled; or

(c)a period of 6 months from the date on which the vacancy occurred expires—

whichever first happens.

(5)While a person is acting in the office of Chairperson in accordance with subsection (1), the person—

(a)has and may exercise all the powers and perform all the functions and duties of that office under this Act; and

(b)is entitled to be paid the remuneration and allowances which the Chairperson would be entitled to when performing the duties and functions of the office of Chairperson; and

(c)is not restricted from engaging in any paid employment outside that office.

(6)The validity of anything done by or in relation to a person purporting to act in the office of Chairperson under an appointment made under subsection (1) shall not be called in question on the ground that—

(a)the occasion for his or her appointment has not arisen; or

(b)that there is a defect or irregularity in or in connection with his or her appointment; or

(c)that the appointment had ceased to have effect; or

(d)that the occasion for him or her to act had not arisen or had ceased.

21Additional Commissioners

(1)The Governor in Council may appoint persons as additional Commissioners who are qualified for appointment because of their knowledge of, or experience in, one or more of the fields of industry, commerce, economics, law or public administration.

(2)An additional Commissioner is to be appointed on such terms and conditions, not inconsistent with this Act, as the Governor in Council determines.

(3)The Public Administration Act 2004 (other than Part 3 of that Act) applies to an additional Commissioner in respect of his or her office as a Commissioner.

22Tenure of office of additional Commissioners

(1)Subject to this Act, an additional Commissioner—

(a)holds office for such period not exceeding 5 years as is specified in the instrument of appointment; and

(b)subject to this section, is eligible for re-appointment.

(2)An additional Commissioner may be appointed—

(a)on a full-time or part-time basis; and

(b)for—

(i)a specific period; or

(ii)a specific inquiry or determination—

as the Governor in Council determines.

(3)An additional Commissioner may be suspended from office by the Governor in Council, but must not be removed from office except in accordance with this Act.

(4)The Minister must cause to be laid before each House of the Parliament a full statement of the grounds of any suspension of an additional Commissioner within 7 sitting days of the House.

(5)An additional Commissioner so suspended must be restored to office by the Governor in Council unless each House of the Parliament, within 42 days after the day on which the statement is laid before it, and in the same session, declares by resolution that the additional Commissioner ought to be removed from office and, if each House within that time so declares, the additional Commissioner must be removed from office by the Governor in Council.

(6)The additional Commissioner ceases to hold office if he or she becomes bankrupt or applies to take the benefit of any law for the relief of bankrupt debtors or compounds with his or her creditors or makes an assignment of his or her property for their benefit or a deed of arrangement under any law relating to bankruptcy.

(7)The additional Commissioner ceases to hold office if he or she nominates for election for either House of the Parliament of Victoria or for the Parliament of the Commonwealth or of another State or of a Territory.

(8)The additional Commissioner may at any time resign by writing signed and addressed to the Governor in Council.

23Payment of Chairperson and other Commissioners

The Chairperson and each additional Commissioner is entitled to be paid such remuneration and any travelling and other allowances as the Governor in Council fixes from time to time or as may be fixed in the relevant instrument of appointment.

23AChief executive officer

(1)The Commission may employ a person as the chief executive officer of the Commission.

(2)The chief executive officer is responsible to the Commission for the day-to-day management of the Commission.

(3)The chief executive officer is to be employed as an executive under Part 3 of the Public Administration Act 2004.

(4)If the chief executive officer was, immediately before being appointed, a member of a statutory superannuation scheme within the meaning of the Superannuation (Public Sector) Act 1992, the chief executive officer continues to be a member of that superannuation scheme subject to the Act under which the scheme was created.

(5)The chief executive officer must not be a Commissioner.

24Staff

(1)Any employees that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

(2)The Commission may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body.

25Consultants

(1)The Commission may engage persons with suitable qualifications and experience as consultants.

(2)An engagement under subsection (1) may be on any terms and conditions the Commission considers appropriate.

26Delegation

(1)The Commission, by instrument, may delegate to a person specified in subsection (2) any function or power of the Commission (other than the powers of the Commission under sections 33, 36, 37 and 39) under—

(a)this Act; or

(b)the regulations under this Act; or

(c)any other subordinate instrument under this Act; or

(d)relevant legislation, including any regulations or any other subordinate instrument under relevant legislation; or

(e)any other Act, including—

(i)the regulations under any other Act; and

(ii)any other subordinate instrument under any other Act.

(2)For the purposes of subsection (1), the following persons are specified—

(a)a Commissioner;

(b)the chief executive officer;

(c)a person referred to in section 24;

(d)a member of a Division, committee or panel appointed or designated by the Commission.

(3)The Commission, by instrument, may delegate the powers of the Commission under section 36, 37 or 39 to—

(a)a Commissioner; or

(b)any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act who is—

(i)an executive within the meaning of the Public Administration Act 2004; or

(ii)a person with a classification of Grade 6 or above or Senior Technical Specialist.

27Declaration of pecuniary interests

(1)If a Commissioner has a pecuniary interest in a matter which he or she is considering or is about to consider in the course of performing his or her duties as a Commissioner, the Commissioner must as soon as practicable after the relevant facts have come to the Commissioner's knowledge declare the nature of that interest to the Minister.

(2)Subsection (1) does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

(3)Unless the Minister otherwise directs, if a Commissioner has made a declaration under this section, the Commissioner must not take any further part in any decision in relation to the matter.

(4)A failure to comply with this section does not affect the validity of any act or decision of the Commission or a Commissioner.

28Meetings of the Commission

(1)The Chairperson may convene as many meetings of the Commission as he or she considers necessary for the efficient conduct of its affairs.

(2)The Chairperson must preside at a meeting of the Commission.

(3)Subject to section 30(2), the quorum for a meeting of the Commission is a majority of the Commissioners in office for the time being other than any additional Commissioner to whom section 29(2) applies.

(4)A question arising at a meeting of the Commission is determined by a majority of the votes of the Commissioners present and voting on the question.

(4A)The Commission may transact any of its business at a meeting at which the Commissioners or any of the Commissioners participate by audio link or audio visual link.

(4B)A Commissioner who participates in a meeting in accordance with subsection (4A) is to be taken to be present at the meeting.

*                *                *                *                *

(5)The person presiding has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.

(6)Subject to this Act, the Commission may regulate its own procedure.

29Conduct of particular inquiry or determination

(1)Subject to subsection (2), the Commission may determine which Commissioner or Commissioners are to be allocated to a particular inquiry or determination.

(2)If the Order appointing a Commissioner specifies that the Commissioner is appointed for the purposes of a particular inquiry or determination, the Commissioner—

(a)must be allocated to that inquiry or determination; and

(b)may only exercise the powers conferred under this Act in relation to that inquiry or determination.

(3)The Commission may constitute a Division of the Commission consisting of one or more Commissioners for the purposes of a particular inquiry or determination as the Commission determines.

(4)Subject to this Act, a Division may regulate its own procedure.

30Determinations of the Commission

(1)A determination of the Commission must be made at a meeting constituted as required by section 28.

(2)The quorum for a meeting of the Commission at which a determination is to be made in respect of which section 29(2) applies must include the Commissioner or Commissioners appointed for the purposes of the particular inquiry or determination.

31Matters to be included in annual report

The Commission must include the prescribed information relating to the operation and performance of the Commission in its annual report of operations under Part 7 of the Financial Management Act 1994.

PART 3—SPECIFIC POWERS

31ADefinitions

In this Part—

prescribed goods and services means any goods or services made, produced or supplied by or within a regulated industry which goods or services are specified in the empowering instrument as being goods or services in respect of which the Commission has power to regulate prices;

prescribed price means the price or price‑range however designated for the supply or sale of any goods or services by or within a regulated industry or particular factors used in price-fixing or terms and conditions relating to the price at which particular goods or services are supplied or sold, being a price, price-range, factor or term and condition specified in the empowering instrument as being a price, price-range, factor or term and condition which the Commission has power to regulate.

32Price Regulation

(1)The Commission may regulate prescribed prices for or in respect of prescribed goods and services supplied by or within a regulated industry.

*                *                *                *                *

33Price determinations

(1)This section is subject to anything to the contrary in the empowering instrument specifying the prescribed prices or prescribed goods and services in respect of which the Commission is exercising its power of regulation.

(2)In making a price determination, the Commission must adopt an approach and methodology which the Commission considers will best meet the objectives specified in this Act and any relevant legislation.

(3)In making a determination under this section, the Commission must have regard to—

(a)the particular circumstances of the regulated industry and the prescribed goods and services for which the determination is being made;

(b)the efficient costs of producing or supplying regulated goods or services and of complying with relevant legislation and relevant health, safety, environmental and social legislation applying to the regulated industry;

(c)the return on assets in the regulated industry;

(d)any relevant interstate and international benchmarks for prices, costs and return on assets in comparable industries;

(e)any other factors that the Commission considers relevant.

(4)In making a determination under this section, the Commission must ensure that—

(a)the expected costs of the proposed regulation do not exceed the expected benefits; and

(b)the determination takes into account and clearly articulates any trade-offs between costs and service standards.

(5)A price determination by the Commission may regulate a prescribed price for prescribed goods and services in any manner the Commission considers appropriate.

(6)Without limiting the generality of subsection (5), the manner may include—

(a)fixing the price or the rate of increase or decrease in the price;

(b)fixing a maximum price or maximum rate of increase or minimum rate of decrease in the maximum price;

(c)fixing an average price for specified goods or services or an average rate of increase or decrease in the average price;

(d)specifying pricing policies or principles;

(e)specifying an amount determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(f)specifying an amount determined by reference to quantity, location, period or other specified factor relevant to the rate or supply of the goods or services;

(g)fixing a maximum average revenue or maximum rate of increase or minimum rate of decrease in the maximum average revenue in relation to specified goods or services;

(h)monitoring the price levels of specified goods and services.

34Other regulatory powers

(1)The Commission may exercise such powers (including the power to make determinations) for or with respect to—

(a)standards and conditions of service and supply;

(b)licensing;

(c)market conduct;

(d)other economic regulatory matters—

as may be conferred on the Commission by the empowering instrument.

(2)In making a determination or other regulatory decision under this section, the Commission must have regard to—

(a)any factors specified in the empowering instrument; and

(b)any other factors that the Commission considers relevant.

(3)This section is subject to anything to the contrary in the empowering instrument.

35General provisions relating to determinations

(1)A determination must include a statement of the purpose and reasons for the making of the determination.

(2)Notice of the making of a determination must be published—

(a)in the Government Gazette; and

(b)in a daily newspaper generally circulating in Victoria; and

(c)on the internet.

(3)The notice must include—

(a)a brief description of the nature and effect of the determination; and

(b)details of when the determination takes effect and how a copy of the determination may be obtained from the Commission.

(4)The Commission must—

(a)publish a copy of the determination on the internet; and

(b)provide a copy of the determination to any person who requests it.

(5)A determination takes effect on and from—

(a)the date on which notice of its making is published in the Government Gazette; or

(b)any later date of commencement as may be specified in the determination.

(6)Subject to anything to the contrary in the empowering instrument, a determination has effect until—

(a)it is amended or revoked by a later determination; or

(b)such other date as is specified in the determination.

(7)A determination is binding on a regulated entity or a regulated industry specified in the determination.

PART 3A—THIRD PARTY ACCESS REGIMES

35AObject of Part

The object of this Part is to promote the economically efficient operation of, use of and investment in, the infrastructure by means of which services are provided, thereby promoting effective competition in upstream and downstream markets.

35BApplication of Part

This Part applies to a regulated industry which has an access regime.

35CPricing principles applying in respect of regulated access prices

The pricing principles relating to the price of access to a service are—

(a)that regulated access prices should—

(i)be set so as to generate expected revenue for a regulated service or services that is at least sufficient to meet the efficient costs of providing access to the regulated service or services; and

(ii)include a return on investment commensurate with the regulatory and commercial risks involved; and

(b)that the access price structures should—

(i)allow multi-part pricing and price discrimination when it aids efficiency; and

(ii)not allow a vertically integrated access provider to set terms and conditions that discriminate in favour of its downstream operations, except to the extent that the cost of providing access to other operators is higher; and

(c)that access pricing regimes should provide incentives to reduce costs or otherwise improve productivity.

35DTime limit for determinations relating to third party infrastructure access regimes

(1)Subject to this section, if the Commission has been provided with sufficient information, the Commission must make a determination relating to a third party infrastructure access regime within 6 months after receiving the application or proposal.

(2)The Commission may in accordance with subsection (3) suspend the time limit applying under subsection (1) for a period not exceeding 2 months if—

(a)the Commission does not have sufficient information and any reasonable request for further information has not been complied with; or

(b)further time is required to enable consultation with third parties and the public; or

(c)any other ground specified in the guidelines applies.

(3)If the Commission proposes to suspend the time limit applying under subsection (1), the Commission must—

(a)notify—

(i)the Minister and the parties by notice in writing; and

(ii)the public by a notice published in a daily newspaper circulating generally in Victoria;

(b)specify in the notice—

(i)the reason why the time limit is being suspended; and

(ii)the date by which the Commission proposes to use its best endeavours to make a decision on the application or proposal.

(4)The Commission may suspend the time limit applying under subsection (1) by a further period not exceeding 2 months if the Commission—

(a)first obtains the approval of the Minister; and

(b)complies with subsection (3).

(5)Despite subsection (2)(a), the Commission may make a determination within the time limit applying under subsection (1) on the information available to the Commission if the service provider of a significant infrastructure facility has not provided the further information requested within the specified period.

PART 4—INFORMATION GATHERING NOTICES

Division 1—Information gathering notices

36Information gathering notices—performing functions or exercising powers

(1)If the Commission considers it necessary for the purposes of performing its functions or exercising its powers, the Commission may serve a notice on a person requiring the person to do one or more of the following—

(a)provide to the Commission, in writing signed by the person or, in the case of a body corporate, by a competent officer of the body corporate, any information or class of information specified in the notice before a specified time and in a specified manner;

(b)produce to the Commission a document or class of document specified in the notice that is in the person's possession, custody or control, before a specified time and in a specified manner;

(c)appear before the Commission at a time and place specified in the notice to do either or both of the following—

(i)give information, including by answering questions, either orally or in writing;

(ii)produce a document or class of document specified in the notice that is in the person's possession, custody or control.

(2)In exercising the power to serve an information gathering notice under subsection (1), the Commission must have regard to—

(a)the relevance of the information, document or evidence sought; and

(b)the estimated compliance costs.

(3)Despite subsection (1), the Commission must not serve an information gathering notice under this section if it could serve one under section 37(1).

(4)A person must not—

(a)without reasonable excuse, refuse or fail to comply with an information gathering notice under subsection (1); or

(b)in purported compliance with an information gathering notice under subsection (1), knowingly—

(i)provide false or misleading information; or

(ii)produce documents that are false or misleading.

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

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

Note

See section 39A in relation to the protection against self-incrimination.

(5)The Commission may exercise, or continue to exercise, a power under subsection (1) in relation to a matter that relates to its powers or functions until—

(a)the Commission commences a proceeding in relation to the matter (other than a proceeding for an injunction, whether interim or final); or

(b)the close of pleadings in relation to an application by the Commission for a final injunction in relation to the matter.

37Information gathering notices—matters that constitute contravention of essential services requirement

(1)If the Commission believes that a person is capable of providing information, producing documents or giving evidence relating to a matter that constitutes, or may constitute, a contravention of an essential services requirement, the Commission may serve a notice on the person requiring the person to do one or more of the following—

(a)provide to the Commission, in writing signed by the person or, in the case of a body corporate, by a competent officer of the body corporate, any information or class of information specified in the notice before a specified time and in a specified manner;

(b)produce to the Commission a document or class of document specified in the notice that is in the person's possession, custody or control, before a specified time and in a specified manner;

(c)appear before the Commission at a time and place specified in the notice to do either or both of the following—

(i)give evidence, including by answering questions, either orally or in writing;

(ii)produce a document or class of document specified in the notice that is in the person's possession, custody or control.

(2)A person must not—

(a)without reasonable excuse, refuse or fail to comply with an information gathering notice under subsection (1); or

(b)in purported compliance with an information gathering notice under subsection (1), knowingly—

(i)provide false or misleading information; or

(ii)produce documents that are false or misleading.   

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

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

Note

See section 39B in relation to the protection against self-incrimination.

(3)The Commission may exercise, or continue to exercise, a power under subsection (1) in relation to a matter that constitutes, or may constitute, a contravention of an essential services requirement until—

(a)the Commission commences a proceeding in relation to the matter (other than a proceeding for an injunction, whether interim or final); or

(b)the close of pleadings in relation to an application by the Commission for a final injunction in relation to the matter.

38Form of information gathering notice

An information gathering notice must—

(a)be in writing; and

(b)specify the following matters—

(i)the person on whom it is served;

(ii)the purpose of the information gathering notice;

(iii)the information or class of information (if any) required to be provided to the Commission and the time and manner by which it must be provided;

(iv)the document or class of document (if any) required to be produced to the Commission and the time and manner by which it must be produced;

(v)the time and place (if any) at which a person is required to appear before the Commission to give information or evidence or to produce a document;

(vi)whether the notice served is under section 36(1) or 37(1); and

(c)include a copy of this Part.

Note

See section 64 for service requirements under this Act, including for information gathering notices.

Division 2—Compliance with information gathering notices

39Power to examine on oath or affirmation

If a person is required to appear before the Commission to give evidence in compliance with an information gathering notice under section 37(1), the Commission may administer an oath or affirmation to the person.

39AProtection against self-incrimination—information gathering notices under section 36(1)

(1)It is a reasonable excuse for a natural person to refuse or fail to provide information, in compliance with an information gathering notice under section 36(1), if the provision of the information would tend to incriminate the person or expose the person to a penalty.

(2)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce, in compliance with an information gathering notice under section 36(1), if the production of the document would tend to incriminate the person or expose the person to a penalty.

(3)It is not a reasonable excuse for a body corporate to refuse or fail to provide information or produce a document, in compliance with an information gathering notice under section 36(1), if the provision of the information or production of the document would tend to incriminate the body corporate or expose the body corporate to a penalty.

(4)Any information given or document produced by a natural person or body corporate in compliance with an information gathering notice under section 36(1) is not admissible as evidence against that natural person or body corporate in any proceeding, other than in—

(a)a proceeding arising out of the false or misleading nature of the information or document; or

(b)a review under Part 7B; or

(c)a proceeding for a monetary benefits order under section 61B.

39BProtection against self-incrimination—information gathering notices under section 37(1)

(1)It is not a reasonable excuse for a natural person or a body corporate to refuse or to fail to provide information, produce a document or give evidence, in compliance with an information gathering notice under section 37(1), if the provision of the information, production of the document or giving of the evidence would tend to incriminate the natural person or body corporate or expose the natural person or body corporate to a penalty.

(2)Any information provided, document produced or evidence given by a natural person, in compliance with an information gathering notice under section 37(1), is not admissible as evidence against that natural person in a criminal proceeding, other than in a proceeding arising out of the false or misleading nature of the information or document.

(3)Any information provided, document produced or evidence given by a body corporate, in compliance with an information gathering notice under section 37(1), is not admissible as evidence against that body corporate in a criminal proceeding, other than—

(a)in a proceeding arising out of the false or misleading nature of the information or document; or

(b)in a criminal proceeding under this Act or relevant legislation.

39COffence of coercion etc. against person who complies with information gathering notice

A person must not, because another person complied, or intends to comply, with an information gathering notice—

(a)threaten, intimidate or coerce the other person; or

(b)take, threaten to take, incite or be involved in any action that causes the other person to suffer any loss, injury or disadvantage.

Penalty:120 penalty units.

39DNo liability for loss, damage or injury

A person is not liable in any way for any loss, damage or injury suffered by another person because of the giving, in good faith, of any information, document or evidence to the Commission in compliance with an information gathering notice.

Division 3—Documents

39EPowers in relation to documents

If a document is produced to the Commission in compliance with an information gathering notice, the Commission may do one or more of the following—

(a)inspect the document or authorise a person to inspect the document;

(b)make copies of or take extracts of the document;

(c)seize the document if the Commission—

(i)considers the document necessary for obtaining evidence for the purpose of any proceeding against a person under this Act or relevant legislation; or

(ii)believes on reasonable grounds that it is necessary to seize the document to prevent its concealment, loss or destruction or its use in the contravention of an essential services requirement;

(d)secure a seized document against interference;

(e)retain possession of the document in accordance with this Part.

39FCopies of seized documents

(1)If the Commission retains possession of a document seized from a person under this Part, the Commission must give the person, as soon as practicable after the seizure, a copy of the document certified as correct by the Commission.

(2)A copy of a document certified under subsection (1) is to be received in all courts and tribunals as evidence of equal validity to the original.

39GRetention and return of seized documents

(1)Subject to subsection (2), the Commission must take reasonable steps to ensure that a document seized by the Commission under this Part is returned to the relevant person not later than 3 months after its seizure.

(2)The Commission is only required to return a document under subsection (1) if the Commission is satisfied that—

(a)the document is not required (or is no longer required) for the purpose for which it was seized; and

(b)the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 39E(c); and

(c)the document is not subject to a dispute as to the ownership which would be appropriately resolved by making an application under section 39H for the return of the document.

(3)This section does not apply if the Magistrates' Court makes an order under section 39I extending the period during which the document may be retained.

(4)Nothing in this section prevents the return of a document to its owner at any time if the Commission considers there is no need for its continued retention.

(5)In this section—

relevant person, in relation to a document, means—

(a)the person from whom the document was seized; or

(b)the owner of the document if the person from whom it was seized is not entitled to possess it.

39HApplication for return of seized document

(1)For the purposes of section 39G(2)(c), an application for the return of a document seized under this Part may be made to the Magistrates' Court by—

(a)the person from whom it was seized; or

(b)a person who claims to be the owner.

(2)A person who makes an application under subsection (1) must serve a copy of the application on the Commission.

(3)The Commission is entitled to appear before the Magistrates' Court and be heard in relation to an application under subsection (1).

(4)The Magistrates' Court may make an order for the return of the document to the person from whom it was seized or, if that person is not entitled to possess it, to the owner, if the Court is satisfied that—

(a)the document is not required (or is no longer required) for the purpose for which it was seized; and

(b)the continued retention of the document is not necessary to prevent the document being used in a way that would justify its seizure under section 39E(c).

39IMagistrates' Court may extend 3-month period

(1)The Commission may apply to the Magistrates' Court for an extension, not exceeding 3 months, of the period for which the Commission may retain a document seized under this Part—

(a)not later than 3 months after seizing the document; or

(b)before the end of the period of the extension, if an extension has been granted under subsection (2).

(2)The Magistrates' Court may order such an extension if the Court is satisfied that—

(a)it is in the interests of justice; and

(b)the total period of retention does not exceed 12 months; and

(c)retention of the document is necessary—

(i)for the purposes of an investigation into whether a contravention of an essential services requirement has occurred; or

(ii)to enable evidence of a contravention of an essential services requirement to be obtained for the purposes of a proceeding under this Act or relevant legislation.

(3)The Magistrates' Court must consider the interests of the owner of the document and may adjourn an application to enable notice of the application to be given to any person.

Division 4—When Commission must not serve information gathering notice

39JMatters about which the Commission must not serve information gathering notice

(1)The Commission must not serve an information gathering notice in respect of information, a document or evidence specified in subsection (2).

(2)For the purposes of subsection (1), the following information, documents and evidence are specified—

(a)financial and business records that the Commission may require a person to make available to it under section 56 of the Port Management Act 1995;

(b)information that the Commission may direct a person to provide it with under section 185E(5)(b) of the Local Government Act 1989;

(c)information or documents that the Commission may require from a person under section 60 of the Victorian Energy Efficiency Target Act 2007;

(d)information or documents that the Commission may require from a person under section 85 of the Victorian Renewable Energy Act 2006;

(e)evidence or documents that the Commission may require from a person under section 212E of the Accident Towing Services Act 2007.

*                *                *                *                *

PART 4A—PROVISION OF INFORMATION RELATING TO REGULATED ENTITIES

39KProvision of information relating to regulated entities

(1)The Commission, by written notice, may request a regulated entity to provide to the Commission any information or class of information relating to the regulated entity in the manner and form specified in the notice.

(2)A regulated entity must comply with a request under subsection (1).

(3)If information relating to a regulated entity is held by a third party, the Commission may require the regulated entity to enter into an arrangement with the third party under which the third party is to provide the information to the Commission.

(4)In exercising the power to make a request under subsection (1) or to require a regulated entity to enter into an arrangement under subsection (3), the Commission must have regard to—

(a)the relevance of the information, document or evidence sought; and

(b)the estimated compliance costs.

(5)The Commission may specify the kind or class of information which a regulated entity must maintain for the purposes of this section in a Code of Practice.

39LMatters about which the Commission must not gather information under this Part

(1)The Commission must not make a request under section 39K(1) or require a regulated entity to enter an into arrangement under section 39K(3) in respect of specified information, a document or evidence specified in subsection (2).

(2)For the purposes of subsection (1), the following information, documents and evidence are specified—

(a)financial and business records that the Commission may require a person to make available to it under section 56 of the Port Management Act 1995;

(b)evidence or documents that the Commission may require from a person under section 212E of the Accident Towing Services Act 2007.

*                *                *                *                *

PART 4B—INSPECTION POWERS

Division 1—Inspectors

39MAppointment of inspectors

(1)The Commission may appoint, by instrument, any of the following persons as an inspector—

(d)clauses 25(1)(e), 65(5) and 87(1) and (5);

(e)clauses 3D(1), 65(2), 68(1) and (2) and 87(2).

(3)Without limiting the definition of civil penalty requirement in section 3, the following requirements are civil penalty requirements for the purposes of this Act—

(a)an energy licensee must comply with clause 89(1)(b) of the Energy Retail Code by providing information that a residential customer is entitled to under clause 80(1) of the Energy Retail Code;

(b)an energy licensee must comply with clause 89(1)(b) of the Energy Retail Code by contacting a residential customer and providing the information that the residential customer is entitled to under clause 80(2) of the Energy Retail Code;

(c)an energy licensee must comply with clause 89(1)(c) of the Energy Retail Code by providing the tailored assistance that the customer is entitled to under clause 79(2) of the Energy Retail Code;

(d)an energy licensee must comply with clause 89(1)(c) of the Energy Retail Code by providing the tailored assistance that the customer is entitled to under clause 79(3) of the Energy Retail Code;

(e)if an energy licensee undertakes a review of the market retail contract under clause 94(4) of the Energy Retail Code and, as a result of the review, offers the residential customer an alternative customer retail contract, that contract must comply with clause 94(6) of the Energy Retail Code by making Centrepay available as a payment option;

(f)if an energy licensee creates a record under clause 3D(1)(a) of the Energy Retail Code, the record must be in the format and include the information required by clause 3D(2) of the Energy Retail Code.

(4)Words and expressions used in the Energy Retail Code and in subsection (3) have the same respective meanings in that subsection as they have in the Energy Retail Code.

(5)If the court makes a contravention order against a person in respect of a civil penalty requirement set out in subsection (2) or (3), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.

(6)If the Commission serves a penalty notice in respect of a civil penalty requirement set out in subsection (2) or (3), despite section 54T(2), the notice penalty for the contravention is—

(a)for a civil penalty requirement set out in subsection (2)(a) or (3)(a), (b), (c) or (d), an amount equal to 200 penalty units; and

(b)for a civil penalty requirement set out in subsection (2)(b), an amount equal to 56 penalty units; and

(c)for a civil penalty requirement set out in subsection (2)(c) or (3)(e), an amount equal to 84 penalty units; and

(d)for a civil penalty requirement set out in subsection (2)(d), an amount equal to 42 penalty units; and

(e)for a civil penalty requirement set out in subsection (2)(e) or (3)(f), an amount equal to 28 penalty units.

(7)If the Energy Retail Code is revoked, the civil penalty requirements set out in subsections (2) and (3) cease to be civil penalty requirements on the day on which the Energy Retail Code is revoked.

(8)The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to a civil penalty requirement set out in subsection (2) or (3) unless the person against whom the order is sought is an energy licensee.

(9)The Commission must not serve a penalty notice on a person in respect of a civil penalty requirement set out in subsection (2) or (3) unless the person is an energy licensee.

(10)This section is repealed on 31 December 2025.

(11)In this section—

Energy Retail Code means the document entitled "Energy Retail Code" published by the Commission in August 2004, as amended from time to time, and taken to be a Code of Practice under section 76(1)(f).

78Transitional civil penalty requirements—Electricity Distribution Code

(1)This section applies on and after the commencement of section 22 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021.

(2)Without limiting the definition of civil penalty requirement in section 3, clauses 5.5.1, 6.2, 6.3.1, 6.3.2 and 9.1.12 of the Electricity Distribution Code are civil penalty requirements for the purposes of this Act.

(3)If the court makes a contravention order against a person in respect of a civil penalty requirement set out in subsection (2), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.

(4)If the Commission serves a penalty notice in respect of a civil penalty requirement set out in subsection (2), despite section 54T(2), the notice penalty for the contravention is an amount equal to 56 penalty units.

(5)If the Electricity Distribution Code is revoked, the civil penalty requirements set out in subsection (2) cease to be civil penalty requirements on the day on which the Electricity Distribution Code is revoked.

(6)The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to a civil penalty requirement set out in subsection (2) unless the person against whom the order is sought is an energy licensee.

(7)The Commission must not serve a penalty notice on a person in relation to a civil penalty requirement set out in subsection (2) unless the person is an energy licensee.

(8)This section is repealed on 31 December 2025.

(9)In this section—

Electricity Distribution Code means the document entitled "Electricity Distribution Code" published by the Commission on 1 January 2006, as amended from time to time, and taken to be a Code of Practice under section 76(1)(d).

79Transitional civil penalty requirements—Gas Distribution System Code

(1)This section applies on and after the commencement of section 22 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021.

(2)Without limiting the definition of civil penalty requirement in section 3, clause 2.2(b) of the Gas Distribution System Code is a civil penalty requirement for the purposes of this Act.

(3)If the court makes a contravention order against a person in respect of the civil penalty requirement set out in subsection (2), the court may order the person to pay a civil penalty under section 54(1) of an amount not exceeding an amount equal to 1200 penalty units.

(4)If the Commission serves a penalty notice in respect of the civil penalty requirement set out in subsection (2), despite section 54T(2), the notice penalty for the contravention is an amount equal to 56 penalty units.

(5)If the Gas Distribution System Code is revoked, the civil penalty requirement set out in subsection (2) ceases to be civil penalty requirement on the day on which the Gas Distribution Code is revoked.

(6)The Commission, or a person authorised by the Commission, must not make an application for a contravention order against a person in relation to the civil penalty requirement set out in subsection (2) unless the person against whom the order is sought is an energy licensee.

(7)The Commission must not serve a penalty notice on a person in relation to the civil penalty requirement set out in subsection (2) unless the person is an energy licensee.

(8)This section is repealed on 31 December 2025.

(9)In this section—

Gas Distribution System Code means the document entitled "Gas Distribution System Code" published by the Commission with effect on 1 July 1997, as amended from time to time, and taken to be a Code of Practice under section 76(1)(g).

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 23 August 2001

Legislative Council: 9 October 2001

The long title for the Bill for this Act was "to establish the Essential Services Commission, to repeal the Office of the Regulator-General Act 1994 and consequentially amend certain other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 23 August 2001

Legislative Council: 9 October 2001

Absolute majorities:

Legislative Assembly: 27 September 2001

Legislative Council: 16 October 2001, 17 October 2001

The Essential Services Commission Act 2001 was assented to on 23 October 2001 and came into operation on 1 January 2002: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Essential Services Commission Act 2001 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Essential Services Commission Act 2001, No. 62/2001

Assent Date:	23.10.01
Commencement Date:	S. 47 on 1.1.02: s. 2; s. 80(6) inserted on 1.12.21 by No. 41/2021 s. 39: Special Gazette (No. 673) 30.11.21 p. 1; s. 66D inserted on 1.12.21 by No. 52/2021 s. 48: s. 2(1); ss 66B, 66C on 1.7.24: s. 66A
Note:	S. 47 provided that Pt 6 (ss 47–52) expired on 31.12.07; s. 80(6) repealed s. 80 on 1.12.23; s. 66D repealed Pt 7D (ss 66A−66D) on 1.7.25
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 23) on 23.10.01: s. 2(2)(d)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Transport (Further Miscellaneous Amendments) Act 2002, No. 32/2002

Assent Date:	12.6.02
Commencement Date:	S. 25 on 13.6.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002

Assent Date:	22.10.02
Commencement Date:	Ss 18–21 on 23.10.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003

Assent Date:	11.6.03
Commencement Date:	S. 23 on 12.6.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Water Legislation (Essential Services Commission and Other Amendments) Act 2003, No. 48/2003

Assent Date:	11.6.03
Commencement Date:	S. 11 on 1.1.04: Government Gazette 11.12.03 p. 3117
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Essential Services Commission (Amendment) Act 2004, No. 75/2004

Assent Date:	9.11.04
Commencement Date:	Ss 3–5 on 10.11.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Electricity Industry (Wind Energy Development) Act 2004, No. 86/2004

Assent Date:	23.11.04
Commencement Date:	S. 5 on 24.11.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Energy Legislation (Amendment) Act 2004, No. 91/2004

Assent Date:	7.12.04
Commencement Date:	S. 26 on 8.12.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 70) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Victorian Renewable Energy Act 2006, No. 72/2006

Assent Date:	19.9.06
Commencement Date:	Ss 115–117 on 1.1.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 35) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Victorian Energy Efficiency Target Act 2007, No. 70/2007

Assent Date:	11.12.07
Commencement Date:	Ss 77, 78 on 1.1.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Essential Services Commission Amendment Act 2008, No. 15/2008

Assent Date:	23.4.08
Commencement Date:	Ss 3–26 on 1.7.08: Government Gazette 26.6.08 p. 1388
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 20) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Accident Towing Services Amendment Act 2011, No. 40/2011

Assent Date:	6.9.11
Commencement Date:	Ss 23, 24 on 7.9.11: s. 2
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Water Legislation Amendment (Water Infrastructure Charges) Act 2011, No. 63/2011

Assent Date:	15.11.11
Commencement Date:	Ss 7, 8 on 16.11.11: s. 2
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Fire Services Property Levy Act 2012, No. 58/2012

Assent Date:	16.10.12
Commencement Date:	Ss 92, 93 on 17.10.12: s. 2(1); ss 134, 135 on 31.12.16: s. 2(8)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Fire Services Levy Monitor Act 2012, No. 81/2012

Assent Date:	18.12.12
Commencement Date:	S. 113(1) on 19.12.12: s. 2(1); s. 113(2) on 30.12.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, No. 43/2013

Assent Date:	28.6.13
Commencement Date:	S. 31(1)(3)(4) on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1; s. 31(2) on 30.6.14: s. 2(4)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 11) on 30.6.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Energy Legislation Amendment (Consumer Protection) Act 2015, No. 49/2015

Assent Date:	13.10.15
Commencement Date:	Ss 13–17 on 1.1.16: Special Gazette (No. 403) 15.12.15 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Local Government Amendment (Fair Go Rates) Act 2015, No. 65/2015

Assent Date:	1.12.15
Commencement Date:	Ss 10–12 on 2.12.15: s. 2
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016

Assent Date:	22.3.16
Commencement Date:	Ss 168–171 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 4) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Energy Legislation Amendment (Victorian Default Offer) Act 2019, No. 6/2019

Assent Date:	26.3.19
Commencement Date:	Ss 6–8 on 27.3.19: s. 2
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019

Assent Date:	20.8.19
Commencement Date:	Ss 4–20 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	Ss 387, 390(Sch. 1 item 36) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	S. 197 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021 (as amended by No. 41/2021)

Assent Date:	10.8.21
Commencement Date:	S. 32 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Energy Legislation Amendment Act 2021, No. 33/2021 (as amended by No. 41/2021)

Assent Date:	14.9.21
Commencement Date:	S. 7 on 1.6.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021

Assent Date:	19.10.21
Commencement Date:	Ss 4–39 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021, No. 52/2021

Assent Date:	30.11.21
Commencement Date:	S. 48 on 1.12.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 77 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

State Taxation and Treasury Legislation Amendment Act 2022, No. 23/2022

Assent Date:	15.6.22
Commencement Date:	Ss 13–16 on 1.7.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022

Assent Date:	9.8.22
Commencement Date:	S. 42(2) on 10.8.22: s. 2(3); s. 42(1) on 20.6.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Victorian Energy Efficiency Target Amendment Act 2022, No. 34/2022

Assent Date:	23.8.22
Commencement Date:	S. 68 on 1.7.23: Special Gazette (No. 333) 27.6.23 p. 1
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023, No. 12/2023

Assent Date:	6.6.23
Commencement Date:	Ss 11–13 on 7.6.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024

Assent Date:	5.3.24
Commencement Date:	Ss 23−29 on 6.3.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	S. 40 on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Essential Services Commission Act 2001

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.