Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 (Vic)
Version No. 002
Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016
S.R. No. 48/2016
Version incorporating amendments as at
4 December 2019
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Definitions
5Energy industry contraventions
5ALesser energy industry penalties prescribed for contraventions—Table 1
6Lesser energy industry penalties prescribed for contraventions—Table 3
7Lesser energy industry penalties prescribed for contraventions—Table 6
8Lesser energy industry penalties prescribed for contraventions—Table 7
9Lesser energy industry penalties prescribed for contraventions—Table 8
10Lesser energy industry penalties prescribed for contraventions—Table 9
11Lesser energy industry penalties prescribed for contraventions—Table 10
Schedule 1—Prescribed licence conditions and circumstances
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 002
Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016
S.R. No. 48/2016
Version incorporating amendments as at
4 December 2019
1Objectives
The objectives of these Regulations are—
(a)to prescribe conditions and circumstances for the purposes of the definition of energy industry contravention in section 54F of the Essential Services Commission Act 2001; and
(b)to prescribe lesser amounts of energy industry penalties for the purposes of section 54I(1) of the Essential Services Commission Act 2001 in respect of certain energy industry contraventions; and
(c)to prescribe any other matter required, permitted or necessary to be prescribed under the Essential Services Commission Act 2001.
2Authorising provision
These Regulations are made under section 65 of the Essential Services Commission Act 2001.
3Commencement
These Regulations come into operation on 1 June 2016.
4Definitions
In these Regulations—
AMI Tariffs Order means the Order made under section 46D of the Electricity Industry Act 2000 published in the Victoria Government Gazette S216 on 19 June 2013;
Electricity Distribution Code means the document entitled "Electricity Distribution Code" published and amended from time to time by the Commission;
electricity distribution licence means a licence issued under Part 2 of the Electricity Industry Act 2000 to distribute or supply electricity;
electricity retail licence means a licence issued under Part 2 of the Electricity Industry Act 2000 to sell electricity;
energy industry contravention has the meaning given by section 54F of the Act;
energy industry penalty means the penalty specified under section 54I(1) of the Act;
gas distribution licence means a licence issued under Part 3 of the Gas Industry Act 2001 to provide services by means of a distribution pipeline;
Gas Distribution System Code means the document entitled "Gas Distribution System Code" published and amended from time to time by the Commission;
gas retail licence means a licence issued under Part 3 of the Gas Industry Act 2001 to sell gas by retail;
relevant customer—
(a)in relation to an electricity retail licence, has the same meaning as in that licence;
(b)in relation to a gas retail licence, has the same meaning as in that licence;
the Actmeans the Essential Services Commission Act 2001.
5Energy industry contraventions
For the purposes of the definition of energy industry contravention in section 54F of the Act—
(a)a prescribed condition of an energy licence is a condition specified in column 2 of Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 in Schedule 1;
(b)the prescribed circumstance for a prescribed condition of an energy licence is the circumstance specified for that licence condition in column 3 of Table 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 or 11 in Schedule 1.
Note
Section 54I(1) of the Act provides that the amount of an energy industry penalty for an energy industry contravention is $20 000 unless a lesser amount is prescribed. Regulations 5A to 11 prescribe lesser amounts for certain energy industry contraventions.
5ALesser energy industry penalties prescribed for contraventions—Table 1
(1)For the purposes of section 54I(1) of the Act, the following amounts are prescribed for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 1 in Schedule 1—
(a)in the circumstances set out in paragraphs (a), (i), (j) and (k) in column 3 of that item—$10 000;
(b)in the circumstances set out in paragraphs (f), (g), (o), (p), (q), (r), (s), (t), (u) and (v) in column 3 of that item—$15 000;
(c)in the circumstances set out in paragraphs (l) and (n) in column 3 of that item—$7500;
(d)in the circumstances set out in paragraph (m) in column 3 of that item—$5000.
(2)For the purposes of section 54I(1) of the Act, $15 000 is the prescribed amount for an energy industry contravention set out in item 5 in Table 1 in Schedule 1.
6Lesser energy industry penalties prescribed for contraventions—Table 3
For the purposes of section 54I(1) of the Act, $10 000 is the prescribed amount for an energy industry contravention set out in Table 3 in Schedule 1.
7Lesser energy industry penalties prescribed for contraventions—Table 6
For the purposes of section 54I(1) of the Act, $15 000 is the prescribed amount for an energy industry contravention set out in Table 6 in Schedule 1.
8Lesser energy industry penalties prescribed for contraventions—Table 7
For the purposes of section 54I(1) of the Act, the following amounts are prescribed for an energy industry contravention of the licence conditions set out in column 2 of items 1, 2 and 3 in Table 7 in Schedule 1—
(a)in the circumstances set out in paragraph (a) in column 3 of those items—$10 000;
(b)in the circumstances set out in paragraph (b) in column 3 of those items—$7500.
9Lesser energy industry penalties prescribed for contraventions—Table 8
For the purposes of section 54I(1) of the Act, $10 000 is the prescribed amount for an energy industry contravention set out in Table 8 in Schedule 1.
10Lesser energy industry penalties prescribed for contraventions—Table 9
For the purposes of section 54I(1) of the Act, the following amounts are prescribed—
(a)for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 9 in Schedule 1—
(i)in the circumstances set out in paragraphs (a) and (c) in column 3 of that item in that Table—$10 000;
(ii)in the circumstances set out in paragraphs (b) and (d) in column 3 of that item in that Table—$5000.
(b)for an energy industry contravention set out in items 2, 3, 4, 5, 6, 7 and 8 in Table 9 in Schedule 1—$10 000.
11Lesser energy industry penalties prescribed for contraventions—Table 10
For the purposes of section 54I(1) of the Act, the following amounts are prescribed—
(a)for an energy industry contravention of the licence condition set out in column 2 of item 1 in Table 10 in Schedule 1—
(i)in the circumstances set out in paragraphs (a), (b), (d) and (e) in column 3 of that item—$5000;
(ii)in the circumstances set out in paragraph (c) in column 3 of that item—$7500;
(b)for an energy industry contravention of the licence condition set out in item 2 in Table 10 in Schedule 1—$5000;
(c)for an energy industry contravention of the licence condition set out in column 2 of items 3 and 4 in Table 10 in Schedule 1—
(i)in the circumstances set out in paragraphs (a), (b), (c), (e) and (f) in column 3 of those items—$5000;
(ii)in the circumstances set out in paragraph (d) in column 3 of those items—$7500.
Schedule 1—Prescribed licence conditions and circumstances
Table 1—Energy industry contraventions relating to payment difficulties
| Column 1 Item | Column 2 Licence Condition | Column 3 Circumstance |
| 1 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with— (a) clause 56(1) of the Energy Retail Code; or (b) clause 80(3) of the Energy Retail Code; or (c) clause 81(2) of the Energy Retail Code; or (d) clause 81(5) of the Energy Retail Code; or (e) clause 81(6) of the Energy Retail Code; or (f) clause 82(2) of the Energy Retail Code; or (g) clause 82(3) of the Energy Retail Code; or (h) clause 83(1) of the Energy Retail Code; or (i) clause 86(1) of the Energy Retail Code; or (j) clause 86(2) of the Energy Retail Code; or (k) clause 86(3) of the Energy Retail Code; or |
| (l) clause 87(1) of the Energy Retail Code; or (m) clause 87(2) of the Energy Retail Code; or (n) clause 87(5) of the Energy Retail Code; or (o) clause 89(1)(d) of the Energy Retail Code; or (p) clause 91(1) of the Energy Retail Code; or (q) clause 94(2) of the Energy Retail Code; or (r) clause 94(3) of the Energy Retail Code; or (s) clause 94(4) of the Energy Retail Code; or (t) clause 94(5) of the Energy Retail Code; or (u) clause 94(7) of the Energy Retail Code; or (v) clause 94(8) of the Energy Retail Code. | ||
| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 76(1) and (2) of the Energy Retail Code. |
| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 89(1)(b) of the Energy Retail Code— (a) by failing to provide the information that the residential customer is entitled to under clause 80(1) of the Energy Retail Code; or (b) by failing to contact the residential customer and provide the information that the residential customer is entitled to under clause 80(2) of the Energy Retail Code. |
| 4 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 89(1)(c) of the Energy Retail Code— (a) by failing to provide the tailored assistance that the customer is entitled to under clause 79(2) of the Energy Retail Code; or (b) by failing to provide the tailored assistance that the customer is entitled to under clause 79(3) of the Energy Retail Code. |
| 5 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The 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 but that contract fails to comply with clause 94(6) of the Energy Retail Code as Centrepay is not made available as a payment option. |
Table 2—Energy industry contraventions relating to life support customers
| Column 1 | Column 2 | Column 3 | |
| Item | Licence Condition | Circumstance | |
| 1 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 5.6.1(c) of the Electricity Distribution Code. | |
| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with— (a) clause 124(1)(a) of the Energy Retail Code; or (b) clause 124(1)(b) of the Energy Retail Code; or (c) clause 124(1)(c) of the Energy Retail Code; or (d) clause 124(1)(e) of the Energy Retail Code. | |
| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 124(1)(a) of the Energy Retail Code; or (b) clause 124(1)(b) of the Energy Retail Code; or | |
| (c) clause 124(1)(c) of the Energy Retail Code. (d) clause 124(1)(e) of the Energy Retail Code. | |||
| 4 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 124(1)(a) of the Energy Retail Code; or (b) clause 124(1)(b) of the Energy Retail Code; or (c) clause 124(1)(c) of the Energy Retail Code; or (d) clause 124(1)(e) of the Energy Retail Code. | |
Table 3—Energy industry contraventions relating to access to interpreters or translators
| Column 1 | Column 2 | Column 3 | |
| Item | Licence Condition | Circumstance | |
| 1 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 9.1.12 of the Electricity Distribution Code. | |
| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 55 of the Energy Retail Code. | |
| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference clause 55 of the Energy Retail Code. | |
| 4 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by clause 55 of the Energy Retail Code. | |
Table 4—Energy industry contraventions relating to
explicit informed consent
| Column 1 | Column 2 | Column 3 | |
| Item | Licence Condition | Circumstance | |
| 1 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 57(1) of the Energy Retail Code. | |
| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with clause 16(4) of the Energy Retail Code. | |
Table 5—Energy industry contraventions relating to exit fees
| Column 1 | Column 2 | Column 3 | |
| Item | Licence Condition | Circumstance | |
| 1 | An electricity retail licence condition deemed under section 40D(1AA) of the Electricity Industry Act 2000. | The licensee fails to comply with section 40D(1AA) of the Electricity Industry Act 2000. | |
| 2 | A gas retail licence condition deemed under section 48C(1AA) of the Gas Industry Act 2001. | The licensee fails to comply with section 48C(1AA) of the Gas Industry Act 2001. | |
Table 6—Energy industry contraventions relating to undercharging
or overcharging of customers
| Column 1 | Column 2 | Column 3 | |
| Item | Licence Condition | Circumstance | |
| 1 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with— (a) clause 30(2)(a) of the Energy Retail Code; or (b) clause 30(2)(b) of the Energy Retail Code; or (c) clause 30(2)(c) of the Energy Retail Code; or (d) clause 30(2)(d) of the Energy Retail Code; or (e) clause 31(1) of the Energy Retail Code; or (f) clause 31(2) of the Energy Retail Code; or (g) clause 31(3) of the Energy Retail Code. | |
| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term orcondition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 30(2)(a) of the Energy Retail Code; or | |
| (b) clause 30(2)(b) of the Energy Retail Code; or (c) clause 30(2)(c) of the Energy Retail Code; or (d) clause 30(2)(d) of the Energy Retail Code; or (e) clause 31(1) of the Energy Retail Code; or (f) clause 31(2) of the Energy Retail Code; or (g) clause 31(3) of the Energy Retail Code. | |||
| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 30(2)(a) of the Energy Retail Code; or (b) clause 30(2)(b) of the Energy Retail Code; or (c) clause 30(2)(c) of the Energy Retail Code; or (d) clause 30(2)(d) of the Energy Retail Code; or (e) clause 31(1) of the Energy Retail Code; or (f) clause 31(2) of the Energy Retail Code; or (g) clause 31(3) of the Energy Retail Code. | |
Table 7—Energy industry contraventions relating to energy bills
| Column 1 | Column 2 | Column 3 | |
| Item | Licence Condition | Circumstance | |
| 1 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with— (a) clause 24(1) of the Energy Retail Code; or (b) clause 25(1)(e) of the Energy Retail Code. | |
| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 24(1) of the Energy Retail Code; or (b) clause 25(1)(e) of the Energy Retail Code. | |
| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 24(1) of the Energy Retail Code; or (b) clause 25(1)(e) of the Energy Retail Code. | |
Table 8—Energy industry contraventions relating to
guaranteed service levels and interruptions to energy supply
| Column 1 | Column 2 | Column 3 |
| Item | Licence Condition | Circumstance |
| 1 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 5.5.1 of the Electricity Distribution Code. |
| 2 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.2 of the Electricity Distribution Code. |
| 3 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.3.1 of the Electricity Distribution Code. |
| Column 1 | Column 2 | Column 3 |
| Item | Licence Condition | Circumstance |
| 4 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.3.2 of the Electricity Distribution Code. |
| 5 | An electricity distribution licence condition requiring the licensee to comply with the Electricity Distribution Code. | The licensee fails to comply with clause 6.4 of the Electricity Distribution Code by failing to pay an amount referred to in clause 6.2 as soon as practicable or by failing to pay an amount referred to in clause 6.3 as soon as practicable following the end of the year in which the obligation arises under clause 6.3. |
| 6 | A gas distribution licence condition requiring the licensee to comply with the Gas Distribution System Code. | The licensee fails to comply with clause 2.2(b) of the Gas Distribution System Code. |
Table 9—Energy industry contraventions relating to the price comparator website
| Column 1 | Column 2 | Column 3 | |
| Item | Licence Condition | Circumstance | |
| 1 | An electricity retail licence or electricity distribution licence condition deemed under section 46C of the Electricity Industry Act 2000. | The licensee fails to comply with— (a) clause 11(3)(a) of the AMI Tariffs Order; or (b) clause 11(3)(b) of the AMI Tariffs Order; or (c) clause 11(4) of the AMI Tariffs Order; or (d) clause 11(5) of the AMI Tariffs Order. | |
| 2 | An electricity retail licence condition deemed under section 46C of the Electricity Industry Act 2000. | The licensee fails to comply with— (a) clause 12(1) of the AMI Tariffs Order; or (b) clause 12(2)(a) of the AMI Tariffs Order; or (c) clause 12(2)(b) of the AMI Tariffs Order. | |
| 3 | An electricity retail licence condition deemed under section 35A of the Electricity Industry Act 2000. | The licensee fails to comply with section 35A(a) of the Electricity Industry Act 2000. | |
| 4 | An electricity retail licence condition deemed under section 36A(1) of the Electricity Industry Act 2000. | The licensee fails to comply with section 36A(1)(b) of the Electricity Industry Act 2000. | |
| 5 | A gas retail licence condition deemed under section 42A of the Gas Industry Act 2001. | The licensee fails to comply with section 42A(a) of the Gas Industry Act 2001. | |
| 6 | A gas retail licence condition deemed under section 43A(1) of the Gas Industry Act 2001. | The licensee fails to comply with section 43A(1)(b) of the Gas Industry Act 2001. | |
| 7 | An electricity retail licence condition deemed under section 40G(1) of Electricity Industry Act 2000. | The licensee fails to comply with section 40G(1)(b) of the Electricity Industry Act 2000. | |
| 8 | An electricity retail licence condition requiring the licensee to comply with all applicable laws. | The licensee fails to comply with section 40MAA(2) of the Electricity Industry Act 2000. | |
Table 10—Energy industry contraventions relating to record keeping
| Column 1 | Column 2 | Column 3 |
| Item | Licence Condition | Circumstance |
| 1 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee fails to comply with— (a) clause 3D(1) of the Energy Retail Code; or (b) clause 65(2) of the Energy Retail Code; or (c) clause 65(5) of the Energy Retail Code; or (d) clause 68(1) of the Energy Retail Code; or (e) clause 68(2) of the Energy Retail Code. |
| 2 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with the Energy Retail Code. | The licensee creates a record under clause 3D(1)(a) of the Energy Retail Code but the record is not in the format or does not include the information required by clause 3D(2) of the Energy Retail Code. |
| 3 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that incorporates by reference— (a) clause 3D(1) of the Energy Retail Code; or (b) clause 3D(2) of the Energy Retail Code; or (c) clause 65(2) of the Energy Retail Code; or (d) clause 65(5) of the Energy Retail Code; or (e) clause 68(1) of the Energy Retail Code; or (f) clause 68(2) of the Energy Retail Code. |
| 4 | An electricity retail licence condition or gas retail licence condition requiring the licensee to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) to a relevant customer. | The licensee fails to comply with a term or condition of a contract for the sale of electricity or gas (as the case requires) that expressly deals with the subject matter that is dealt with by— (a) clause 3D(1) of the Energy Retail Code; or (b) clause 3D(2) of the Energy Retail Code; or (c) clause 65(2) of the Energy Retail Code; or (d) clause 65(5) of the Energy Retail Code; or |
| (e) clause 68(1) of the Energy Retail Code; or (f) clause 68(2) of the Energy Retail Code. |
Table 11—Energy industry contraventions relating to access to offers for renewable energy customers
| Column 1 | Column 2 | Column 3 |
| Item | Licence Condition | Circumstance |
| 1 | An electricity retail licence condition deemed under section 23C(1) of the Electricity Industry Act 2000. | The licensee fails to comply with section 23C(1) of the Electricity Industry Act 2000. |
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016, S.R. No. 48/2016 were made on 24 May 2016 by the Governor in Council under section 65 of the Essential Services Commission Act 2001, No. 62/2001 and came into operation on 1 June 2016: regulation 3.
The Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 will sunset 10 years after the day of making on 24 May 2026 (see section 5 of the Subordinate Legislation Act 1994).
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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Essential Services Commission (Energy Industry Penalty Regime) Regulations 2016 by statutory rules, subordinate instruments and Acts.
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Essential Services Commission (Energy Industry Penalty Regime) Amendment Regulations 2019, S.R. No. 128/2019
Date of Making: 3.12.19 Date of Commencement: 4.12.19: reg. 3
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3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
No entries at date of publication.
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