Essential Services Commission Regulations 2011 (Vic)
Version No. 002
Essential Services Commission Regulations 2011
S.R. No. 155/2011
Version incorporating amendments as at
6 December 2019
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Revocation
5Definitions
Part 2—Essential Services Commission
6Charter of Consultation and Regulatory Practice
7Prescribed agencies
8Prescribed bodies
9Memorandum of Understanding
10Matters to be included in the annual report
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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 Regulations 2011
S.R. No. 155/2011
Version incorporating amendments as at
6 December 2019
Part 1—Preliminary
1Objective
The objective of these Regulations is to prescribe certain matters in relation to 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 17 December 2011.
4Revocation
The Essential Services Commission Regulations 2001[1] are revoked.
5Definitions
In these Regulations—
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Chartermeans the Charter of Consultation and Regulatory Practice referred to in section 14 of the Act;
the Act means the Essential Services Commission Act 2001.
Part 2—Essential Services Commission
6Charter of Consultation and Regulatory Practice
For the purposes of section 14 of the Act, the following matters are prescribed to be set out in the Charter—
(a)the form and manner in which future work programs will be published in relation to each regulated industry;
(b)how inquiries, decisions and determinations are to be notified;
(c)the processes for public consultation that are to precede determinations and inquiries;
(d)the requirements in relation to public hearings by the Commission;
(e)the processes for reviewing the Charter;
(f)what is to be done to ensure best practice by the Commission in performing its functions.
7Prescribed agencies
For the purposes of section 15 of the Act, the following are prescribed agencies—
(a)Department of Human Services;
(b)Department of Health;
(c)Director of Consumer Affairs Victoria;
(d)Environment Protection Authority;
(e)Energy Safe Victoria;
(f)Director, Transport Safety;
(g)Sustainability Victoria;
(h)Victorian Regional Channels Authority.
8Prescribed bodies
For the purposes of section 16 of the Act, the following are prescribed bodies—
(a)Department of Human Services;
(b)Department of Health;
(c)Director of Consumer Affairs Victoria;
(d)Environment Protection Authority;
(e)Energy Safe Victoria;
(f)Director, Transport Safety;
(g)Sustainability Victoria;
(h)Victorian Regional Channels Authority.
9Memorandum of Understanding
A Memorandum of Understanding entered into under section 16 of the Act must—
(a)provide for the integration and co-ordination by the parties of their regulatory or other activities; and
(b)include—
(i)the objectives of the Memorandum of Understanding in relation to regulated industries; and
(ii)the roles of the parties to the Memorandum of Understanding; and
(iii)how the parties are to jointly consult and communicate on regulatory issues that affect them; and
(iv)the formal processes that are to be followed in the relationship between the parties.
10Matters to be included in the annual report
For the purposes of section 31 of the Act, the following information is prescribed—
(a)an overview of—
(i)what the Commission has done to meet its objective under the Act; and
(ii)how the Commission has performed its functions in relation to each regulated industry; and
(iii)work undertaken by the Commission to address issues relating to the reliability of supply in each regulated industry; and
(iv)the Charter, including how the Commission has given effect to the Charter in its activities; and
(v)any Memorandum of Understanding entered into by the Commission; and
(vi)the Commission's consultation processes; and
(vii)any information that the Commission has obtained as a result of a notice issued under section 37 of the Act, including how that information has been used to inform the Commission's processes;
(b)the outcomes of any—
(i)inquiries conducted under Part 5 of the Act; and
(ii)price determinations made by the Commission under section 33 of the Act; and
(iii)decisions of the Commission to disclose information or the contents of a document given to the Commission under section 38 of the Act; and
(iv)third party access regime determinations made by the Commission under Part 3A of the Act;
(c)the number, type and result of applications for review made to VCAT under section 55 of the Act;
(d)a statement that shows the Commission's total costs and expenses in relation to each regulated industry.
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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 Regulations 2011, S.R. No. 155/2011 were made on 13 December 2011 by the Governor in Council under section 65 of the Essential Services Commission Act 2001, No. 62/2001 and came into operation on 17 December 2011: regulation 3.
The Essential Services Commission Regulations 2011 will sunset 10 years after the day of making on 13 December 2021 (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 Regulations 2011 by statutory rules, subordinate instruments and Acts.
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Essential Services Commission Amendment Regulations 2019, S.R. No. 127/2019
Date of Making: 3.12.19 Date of Commencement: 6.12.19: reg. 3
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3 Amendments Not in Operation
Not updated for this publication.
4 Explanatory details
[1] Reg. 4: S.R. No. 166/2001.
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