Essential Services Commission Regulations 2021 (Vic)

Version No. 001

Essential Services Commission Regulations 2021

S.R. No. 145/2021

Version as at

1 December 2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocations

5Definitions

6Charter of Consultation and Regulatory Practice

7Matters to be included in the annual report

8Information sharing—prescribed persons or bodies

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Essential Services Commission Regulations 2021

S.R. No. 145/2021

Version as at

1 December 2021

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 1 December 2021.

4Revocations

The following Regulations are revoked—

(a)the Essential Services Commission Regulations 2011[1];

(b)the Essential Services Commission Amendment Regulations 2019[2].

5Definitions

In these Regulations—

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.

6Charter of Consultation and Regulatory Practice

For the purposes of section 14(2)(a) of the Act, the following matters are prescribed—

(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.

7Matters 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)the Charter, including how the Commission has given effect to the Charter in its activities; and

(iv)any memorandum of understanding entered into by the Commission;

(b)a general description of any price determination made by the Commission under section 33 of the Act;

(c)a general description of any third party access regime determination made by the Commission under Part 3A of the Act;

(d)the outcome of any—

(i)inquiry conducted under Part 5 of the Act; and

(ii)proceeding for a contravention order that was finalised; and

(iii)decision of the Commission, under section 60C(3) of the Act, to disclose information or the contents of a document given to the Commission;

(e)the number of information gathering notices served under section 36 of the Act;

(f)the number of information gathering notices served under section 37 of the Act;

(g)a general description of the nature of the matters in respect of which the information gathering notices were served under sections 36 and 37 of the Act;

(h)the number of proceedings commenced to challenge the validity of information gathering notices;

(i)the number of entries onto premises by an inspector under section 39P of the Act;

(j)the number of search warrants issued under section 39S of the Act;

(k)a general description of the nature of the matters in respect of which the search warrants were issued;

(l)a general summary of the kinds of complaints received by the Commission in relation to regulated entities and how it dealt with them;

(m)a general description of the major matters investigated by the Commission;

(n)the number of times the Commission commenced a proceeding for a contravention order and a general description of the reasons for doing so;

(o)the number, type and result of applications for review made to VCAT under section 55 of the Act;

(p)a statement that shows the Commission's total costs and expenses in relation to each regulated industry.

8Information sharing—prescribed persons or bodies

For the purposes of paragraph (d) of the definition of relevant agency in section 60E(9) of the Act—

(a)the Secretary of the Department of Environment, Land, Water and Planning is a prescribed person in relation to the Solar Homes Program administered by the Department of Environment, Land, Water and Planning; and

(b)the Commercial Passenger Vehicle Commission established under section 115B of the Transport Integration Act 2010 is a prescribed body; and

(c)the Clean Energy Regulator established under section 11 of the Clean Energy Regulator Act 2011 of the Commonwealth is a prescribed body.

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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 2021, S.R. No. 145/2021 were made on 30 November 2021 by the Governor in Council under section 65 of the Essential Services Commission Act 2001, No. 62/2001 and came into operation on 1 December 2021: regulation 3.

The Essential Services Commission Regulations 2021 will sunset 10 years after the day of making on 30 November 2031 (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

There are no amendments made to the Essential Services Commission Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4(a): S.R. No. 155/2011 as amended by S.R. No. 127/2019.

[2] Reg. 4(b): S.R. No. 127/2019.