Gas Industry Legislation (Miscellaneous Amendments) Act 2001 (Vic)
Gas Industry Legislation (Miscellaneous
Amendments) Act 2001
Act No. 32/2001
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—AMENDMENT OF GAS INDUSTRY ACT 1994 3 Division 1—Amendments relating to retail gas market rules 3
3. New Division 2B inserted in Part 4A 3 Division 2B—Facilitation of retail competition 3 48MG. What are retail gas market rules? 3 48MH. Principles for retail gas market rules 4
48MI. Retail gas market rules—VENcorp 5 48MJ. Retail gas market rules—gas distribution company 5
48MK. Conditions of licence relating to retail gas market 5 48ML. Approval of rules by ORG 6 48MM. Operation of approved rules 6 48MN. Amendments to approved rules 7 48MO. Cost recovery 7
4. Repeal of section 48GB 8 Division 2—Amendments consequential on the Gas Industry Act
2001 8
5. Change of title 8 6. Definitions 8 7. Repeal and amendment of certain provisions in Part 1 10 8. Repeal of certain provisions of Division 2A of Part 2 10 9. Repeal of certain provisions applying to VENCorp 11 10. Repeal of Part 2A 11 11. Repeal of Part 3 11 12. Repeal of Part 3A 11 13. Repeal of Part 4A 11 14. Repeal and amendment of certain provisions of Part 5 11
i
Section Page
15. Repeal and amendment of certain provisions of Part 6 12 16. Repeal of Part 6A 12 17. Repeal of Part 6AA 12 18. Repeal of section 62PA 12 19. Repeal of certain provisions of Part 9 12 20. New section 102 substituted 12
102. Regulations 12
21. New section 105 inserted 13
105. Savings and transitional provisions 13
22. Repeal of Part 15 13 23. Repeal of Schedule 1A 13 24. New Schedule 5 inserted 13
PART 3—AMENDMENT OF OTHER ACTS 23
25. Building Act 1993 23 26. Country Fire Authority Act 1958 23 27. Dangerous Goods Act 1985 23 28. Electricity Industry Act 2000 23 29. Electricity Safety Act 1998 24 30. Gas Pipelines Access (Victoria) Act 1998 24 31. Gas Industry (Further Amendment) Act 1997 25 32. Gas Industry (Amendment) Act 1998 25 33. Gas Industry Acts (Amendment) Act 2000 25 34. Gas Safety Act 1997 25 35. Magistrates' Court Act 1989 26 36. Melbourne City Link Act 1995 27 37. Office of the Regulator-General Act 1994 27 38. Pipelines Act 1967 27 39. State Electricity Commission Act 1958 27 40. Treasury Corporation of Victoria Act 1992 27
═══════════════
ENDNOTES 29
ii
Victoria
No. 32 of 2001
Gas Industry Legislation (Miscellaneous
Amendments) Act 2001†
[Assented to 19 June 2001]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a) to amend the Gas Industry Act 1994—
(i) to provide for retail gas market rules; and
(ii) as a consequence of the Gas Industry Act 2001; and
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 2
(b)
to make consequential amendments to other Acts.
2. Commencement
(1) This Part and Division 1 of Part 2 come into
operation on the day after the day on which this
Act receives Royal Assent.(2) The remaining provisions of this Act (except
section 30) come into operation on 1 September
2001.
(3) Section 30 comes into operation on a day to be
proclaimed.
(4) If section 30 does not come into operation before
1 July 2002, it comes into operation on that day.
_______________
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 3 | Act No. 32/2001 |
PART 2—AMENDMENT OF GAS INDUSTRY ACT 1994
Division 1—Amendments relating to retail gas market rules
3. New Division 2B inserted in Part 4A
After Division 2A of Part 4A of the Gas Industry
Act 1994 insert—
"Division 2B—Facilitation of retail competition
48MG. What are retail gas market rules?
(1) For the purposes of this Division retail gas
market rules are rules relating to the
operation of the retail gas market.
(2) Retail gas market rules may include rules relating to—
(a) the allocation of unique identifiers for gas metering installations; (b) the registration of unique identifiers and gas metering installations; (c) other information contained in a
register required by rules made under
paragraph (b) in relation to uniquethe provision of unique identifiers and installations;
(d)
the arrangements for the transfer of customers from one gas retailer to another gas retailer;
(e) the provision, installation and
maintenance of metering installations
for the purposes of—(i) the retail gas market; or
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 3 (ii) the settlement of any relevant wholesale market for gas; or
(iii) any other financial settlement that is regularly required in respect of the wholesale sale of gas through a distribution pipeline;
(f) the collection, creation, processing, for the purposes of—
(i) the retail gas market; or
(ii) the settlement of any relevant wholesale market for gas; or
(iii) any other financial settlement that is regularly required in respect of the wholesale sale of gas through a distribution pipeline.
(3) Retail gas market rules may apply, adopt or
incorporate wholly or partially or as
amended by the rules, the provisions of any
document, standard, rule, specification or
method formulated, issued, prescribed or
published by any authority or body
whether—
(a)
as formulated, issued, prescribed or published at the time the rules are made or at any time before the rules are made; or
(b) as amended from time to time.
48MH. Principles for retail gas market rules
(1) The Governor in Council may by Order
published in the Government Gazette
determine principles to be taken into account
by ORG for the approval under this Division
of retail gas market rules.
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 3 | Act No. 32/2001 |
(2) An Order under this section has effect from the day specified in the Order.
48MI. Retail gas market rules—VENcorp
(1) VENCorp must develop retail gas market
rules in accordance with this Division for the
gas transmission system and the gas
distribution system.
(2) VENCorp must comply with a scheme
approved by ORG for the development and
implementation of the retail gas market
rules.
(3) VENCorp must submit the completed retail gas market rules to ORG for approval.
48MJ. Retail gas market rules—gas distribution
company
(1) A gas distribution company must develop retail gas market rules in accordance with this Division for any part of a distribution pipeline in respect of which it is a licensee except any part of a pipeline to which the
rules developed by VENCorp under section
48MI apply.(2) A gas distribution company must comply with a scheme approved by ORG for the development and implementation of the retail gas market rules.
(3) The gas distribution company must submit
the completed retail gas market rules to ORG
for approval.
48MK. Conditions of licence relating to retail gas
market
A licence is deemed to include the following conditions—
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 3
(a) guidelines issued by, or other
requirements of, ORG in connectionrequiring the licensee to observe competition in the retail gas market; and
(b)
requiring the licensee to participate in any scheme or schemes approved by ORG under sections 48MI and 48MJ; and
(c)
in the case of a gas distribution company, requiring the licensee to comply with section 48MJ and any scheme approved by ORG under that section.
48ML. Approval of rules by ORG
(1) ORG may determine to approve or not to
approve any retail gas market rules submitted to it under this Division.
(2) ORG must have regard to the principles determined under section 48MH and its objectives under section 8B in determining
whether or not to approve retail gas market
rules under this Division.
48MM. Operation of approved rules
(1) Approved retail gas market rules come into effect on the date that they are approved by ORG or a later date specified in the
approval.
(2) Sections 35 and 36 of the Office of the Regulator-General Act 1994 apply to approved retail gas market rules as if the
approved rules were a determination made
by ORG under that Act.
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 3 | Act No. 32/2001 |
48MN. Amendments to approved rules
(1) Approved retail gas market rules may be
amended in accordance with the procedures
set out in the rules.
(2) An amendment to an approved retail gas
market rule does not take effect until it has
been approved by ORG.
(3) Section 48ML applies to the approval of an amendment to an approved retail gas market rule.
48MO. Cost recovery
(1) The Governor in Council may by Order
published in the Government Gazette—
(a) provide for the setting and regulation of the prices, fees and charges that a gas distribution company may charge for or in connection with the implementation and operation of approved retail gas market rules; (b) empower the recovery of those prices, fees and charges from all gas retailers or a class or classes of gas retailers supplied by the distribution company or all customers of a gas retailer or a class or classes of customers of a gas retailer so supplied.
(2) An Order under sub-section (1) may direct
ORG to make a determination under the Office of the Regulator-General Act 1994 in respect of such factors and matters or in accordance with such procedures, matters or bases as are specified in the Order, or both.".
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 4
4. Repeal of section 48GB
Section 48GB of the Gas Industry Act 1994 is repealed.
Division 2—Amendments consequential on the Gas Industry
Act 2001
5. Change of title
In the title of the Gas Industry Act 1994, after
"Industry" insert "(Residual Provisions)".
6. Definitions
In section 3 of the Gas Industry Act 1994—
(a) the definition of "ACCC" is repealed;
(b) the definition of "appeal tribunal" is repealed; (c) the definition of "civil penalty provision" is repealed; (d) the definition of "conduct provision" is repealed; (e) for the definition of "distribution pipeline" ' "distribution pipeline" has the same
meaning as it has in the Gas Industry
Act 2001;';
(f)
for the definition of "gas" substitute— ' "gas" has the same meaning as it has in the
Gas Industry Act 2001;';
(g)
for the definition of "gas distribution company" substitute—
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 6 | Act No. 32/2001 |
' "gas distribution company" has the same meaning as it has in the Gas Industry Act 2001;';
(h) the definitions of "gas distribution system", "gas fitting" and "gas producer" are repealed; (i) for the definition of "gas retailer" ' "gas retailer" has the same meaning as it
has in the Gas Industry Act 2001;';
(j) for the definition of "gas transmission ' "gas transmission company" has the
same meaning as it has in the Gas
Industry Act 2001;';
(k)
the definition of "gas transmission system" is repealed;
(l) the definition of "inspector" is repealed;
(m) the definition of "licence" is repealed; (n) the definition of "licensee" is repealed;
(o)
the definition of "market participant" is repealed;
(p) the definition of "meter" is repealed;
(q) the definition of "MSO Rules" is repealed;
(r)
for the definition of "pipeline" substitute— ' "pipeline" has the same meaning as it has
in the Gas Industry Act 2001;';
(s)
the definition of "Port Campbell facility" is repealed;
(t) the definition of "Regulator" is repealed;
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 7
(u) the definition of "regulatory provision" is repealed; (v) the definition of "service provider" is repealed;
(w) the definition of "significant producer" is repealed; (x) in the definition of "statutory gas company", omit "or VENCorp";
(y) for the definition of "transmission pipeline" ' "transmission pipeline" has the same
meaning as it has in the Gas Industry
Act 2001;';
(z)
the definition of "underground storage facility" is repealed;
(za) in the definition of "VENCorp", for
"established under Division 2A of Part 2" substitute "continued under Part 8 of the Gas Industry Act 2001";
(zb) the definition of "Victorian gas market" is
repealed.
7. Repeal and amendment of certain provisions in Part 1
(1) Sections 4, 5, 5A, 5B, 5C and 5D of the Gas Industry Act 1994 are repealed.
(2) In section 6A of the Gas Industry Act 1994 omit
"32, 33, 92 or".
(3) Sections 6D, 8A and 8B of the Gas Industry Act 1994 are repealed.
8. Repeal of certain provisions of Division 2A of Part 2 Sections 16A, 16B, 16C, 16CA, 16D, 16E, 16F, 16G, 16H, 16HA, 16K and 16L of the Gas
Industry Act 1994 are repealed.
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 9 | Act No. 32/2001 |
9. Repeal of certain provisions applying to VENCorp
In section 17 of the Gas Industry Act 1994, sub- sections (3) and (4) are repealed.
10. Repeal of Part 2A
Part 2A of the Gas Industry Act 1994 is repealed.
11. Repeal of Part 3
Part 3 of the Gas Industry Act 1994 is repealed.
12. Repeal of Part 3A
Part 3A of the Gas Industry Act 1994 is repealed.
13. Repeal of Part 4A
Part 4A of the Gas Industry Act 1994 is repealed.
14. Repeal and amendment of certain provisions of Part 5
(1) In section 49(1) of the Gas Industry Act 1994,
for "to which this section applies" substitute
"owned by the GFCV before 20 December 1994".
(2) In section 49 of the Gas Industry Act 1994, sub- section (2) is repealed.
(3) Sections 50, 51, 51A and 51B of the Gas Industry Act 1994 are repealed.
(4) In section 52(1) of the Gas Industry Act 1994
omit "or VENCorp".
(5) Section 52(2) of the Gas Industry Act 1994 is
repealed.
(6) Sections 53, 54, 55, 57, 58, 59 and 60 of the Gas Industry Act 1994 are repealed.
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 15
15. Repeal and amendment of certain provisions of Part 6
(1) Section 60A of the Gas Industry Act 1994 is
repealed.
(2) In section 61(1)(b) of the Gas Industry Act 1994,
for "functions or powers" substitute "works and
undertakings".
(3) Section 61(2) of the Gas Industry Act 1994 is
repealed.
(4) Section 62 of the Gas Industry Act 1994 is
repealed.
16. Repeal of Part 6A
Part 6A of the Gas Industry Act 1994 is repealed.
17. Repeal of Part 6AA
Part 6AA of the Gas Industry Act 1994 is repealed.
18. Repeal of section 62PA
Section 62PA of the Gas Industry Act 1994 is repealed.
19. Repeal of certain provisions of Part 9
Sections 91 and 92 of the Gas Industry Act 1994 are repealed.
20. New section 102 substituted
For section 102 of the Gas Industry Act 1994 substitute—
"102. Regulations
(1) The Governor in Council may make
regulations for or with respect to any matter or thing required or permitted by this Act to
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 21 | Act No. 32/2001 |
be prescribed or necessary to be prescribed
to give effect to this Act.(2) The regulations are subject to disallowance by a House of the Parliament.".
21. New section 105 inserted
After section 104C of the Gas Industry Act 1994 insert—
"105. Savings and transitional provisions
Schedule 5 has effect.".
22. Repeal of Part 15
Part 15 of the Gas Industry Act 1994 is repealed.
23. Repeal of Schedule 1A
Schedule 1A to the Gas Industry Act 1994 is repealed.
24. New Schedule 5 inserted
After Schedule 4 to the Gas Industry Act 1994, insert—
'SCHEDULE 5
SAVINGS AND TRANSITIONAL PROVISIONS
1. Definition
In this Schedule—
"old Act" means the Gas Industry Act 1994.
2. General transitional provisions
(1) This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2) Without limiting sub-clause (1), in declaring that certain provisions of the Gas Industry Act 2001 are to be treated as re-enacting with
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 24 modifications certain provisions of the old Act,
this Schedule must not be taken to—(a) limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment; or (b) be an exhaustive list of the provisions of the old Act re-enacted by the Gas Industry Act 2001. (3) This Schedule applies despite anything to the contrary in any other provision of this Act or the Gas Industry Act 2001.
3. Re-enacted provisions
A provision of the old Act specified in Column 1 of the Table is deemed to be re-enacted (with modifications) by the provision of the Gas Industry Act 2001
appearing opposite in Column 2 of the Table.
TABLE
Old Provision New Provision section 5C section 15 section 5D section 16 section 6D section 19 section 8A section 17 section 8B section 18 section 16H section 186 section 16HA section 187 Part 2A Division 5 of Part 8 section 32 section 232 section 33 section 233 Part 3A Part 5 section 48AA section 21 section 48B section 22 section 48BA section 23
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 24 | Act No. 32/2001 |
Old Provision New Provision section 48C section 24 section 48D section 25 section 48E section 26 section 48F(1) (2) section 28 and (3) section 48F(4) section 29 section 48F(5) section 30 section 48F(6) and section 31 (7) section 48G section 34 section 48FA section 36 section 48GA section 33 section 48GC section 35 section 48H section 38 section 48I section 39 section 48J section 41 section 48K section 40 Division 2A of Division 4 of Part 3 Part 4A Division 2B of Division 2 of Part 4 Part 4A Division 3A of Division 5 of Part 3 Part 4A section 48TA section 200 section 48TB section 201 section 50 section 141 section 51 section 142 section 51B section 144 section 52(2) section 145 section 53 section 148 section 54 section 149
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 24 section 55 section 150 Old Provision New Provision section 58 section 151 section 59 section 152 section 60A section 146 section 62 section 147 Part 6A Divisions 1 and 2 of
Part 9Part 6AA Division 3 of Part 9 section 62PA section 53 section 91 section 154 section 92 section 155 Part 15 Part 6 Schedule 1A Schedule
4. Superseded references to old Act
On the commencement of this clause, in any Act (other than this Act or the Gas Industry Act 2001), or in any instrument made under any Act or in any other document of any kind a
reference to the old Act—
(a) to the extent that the reference relates to a provision of the old Act re-enacted in the Gas Industry Act 2001, is deemed to be a reference to the Gas Industry Act
2001; and
(b)
to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the Gas Industry (Residual Provisions) Act 1994.
5. "Pipeline" under section 3
An Order made under section 3 of the old Act (definition of "pipeline") as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 9 of the Gas Industry
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 24 | Act No. 32/2001 |
| Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly. |
6. "Gaseous fuel" under section 4
An Order made under section 4 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 8 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
7. Orders and agreements under section 5
(1) An Order made under section 5(1) of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 10 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
(2) An agreement existing under section 5(2) of
the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(1) of the Gas Industry Act 2001 for the purposes of that
Act.
(3) An agreement existing under section 5(2A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 13(2) of the Gas Industry Act 2001 for the purposes of that
Act.
(4) An agreement existing under section 5(3) of
the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(1) of the Gas Industry Act 2001 for the purposes of that
Act.
(5) An agreement existing under section 5(3A) of the old Act as in effect immediately before the commencement of this clause is deemed to be an agreement under section 14(2) of the
Gas Industry Act 2001 for the purposes of that Act.
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 24 (6) An Order made under section 5(4)(a) of the old
Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 11 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
(7) An Order made under section 5(4)(b) of the old
Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 12 of the Gas Industry Act 2001 for the purposes of that Act and may be amended, varied or revoked accordingly.
8. VENCorp
(1) The Victorian Energy Networks Corporation
continued under the Gas Industry Act 2001 is
deemed to be the same body as the Victorian
Energy Networks Corporation established
under the Gas Industry Act 1994.
(2) Subject to Part 8 of the Gas Industry Act 2001, a director of the board of VENCorp holding office immediately before the
commencement of this clause continues to hold
that office for the same term and on the same
conditions as existed immediately before thatcommencement.
9. Authorisation under section 42
An authorisation under section 42 of the old commencement of this clause is deemed to be an authorisation made under section 80 of the Gas Industry Act 2001.
10. Orders under section 45G and 45P
(1) An Order under section 45G of the old Act as
in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order made
under section 90 of the Gas Industry Act
2001 and may be amended or revoked
accordingly.
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 24 | Act No. 32/2001 |
(2) An Order under section 45P of the old Act as
in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order made
under section 103 of the Gas Industry Act
2001 and may be amended, varied or revoked
accordingly.
11. Tariff Orders
(1) The Victorian Gas Industry Tariff Order published in the Government Gazette on 17 December 1998, as in effect immediately
before the commencement of this clause,
continues in effect and may be amended or
revoked in accordance with section 20 of theGas Industry Act 2001.
(2) The Wimmera and Colac Gas Supply Tariff
Order published in the Government Gazette on 17 December 1998, as in effect immediately before the commencement of this clause, continues in effect and may be amended or revoked in accordance with section 20 of the Gas Industry Act 2001.
(3) The Order made under section 48AA of the old
Act as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 21 of the Gas Industry Act 2001.
12. Exemptions under section 48C
An Order under section 48C of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order made under section 24 of the Gas Industry Act 2001.
13. Licences under section 48E
A licence issued under section 48E of the old
Act as in effect immediately before the
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 24 commencement of this clause is deemed to be a
licence issued under section 26 of the Gas
Industry Act 2001.
14. Orders under section 48GC
An Order under section 48GC of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 35 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
15. Orders under sections 48MA and 48MB
(1) An Order under section 48MA of the old Act
as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
section 42 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
(2) An Order under section 48MB of the old Act
as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
section 43 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
16. Orders under retail gas market rules
(1) An Order under section 48MH of the old Act
as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
section 61 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
(2) Rules approved under section 48ML of the old Act as in effect immediately before the commencement of this clause continue in effect and are deemed to be rules approved under section 65 of the Gas Industry Act 2001 and may be amended or revoked accordingly.
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 24 | Act No. 32/2001 |
(3) An Order under section 48MO of the old Act
as in effect immediately before the
commencement of this clause continues in
effect and is deemed to be an Order under
section 68 of the Gas Industry Act 2001 and
may be amended, varied or revoked
accordingly.
17. MSO Rules—Order under section 48N
The Order made under section 48N of the old Act on 2 February 1999 as in effect immediately before the commencement of this clause continues in effect and may be amended or revoked in accordance with section 52 of the Gas Industry Act 2001.
18. Order under section 48TA
An Order under section 48TA of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be an Order under section 200 of the Gas Industry Act 2001 and may be amended, varied or revoked accordingly.
19. Certificates under Part 15
(1) A certificate of the Treasurer under section 158 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of ORG under section 123 of the Gas Industry Act
2001.
(2) A certificate of the Treasurer under section 159 of the old Act as in effect immediately before the commencement of this clause continues in effect and is deemed to be a certificate of ORG under section 124 of the Gas Industry Act
2001.
20. Regulations
(1) The Gas Industry (Appeal Tribunal)
Regulations 1999 as in effect immediately before the commencement of this clause continue in effect and are deemed to have been
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 24 made under the Gas Industry Act 2001 and
may be amended or revoked accordingly.
(2) The Gas Industry (Authorisation) Regulations
commencement of this clause continue in effect
and are deemed to have been made under the1999 as in effect immediately before the or revoked accordingly.
(3) The Gas Industry (MSO Rules) Regulations
commencement of this clause continue in effect
and are deemed to have been made under the1999 as in effect immediately before the or revoked accordingly.'.
_______________
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 25 | Act No. 32/2001 |
PART 3—AMENDMENT OF OTHER ACTS
25. Building Act 1993
(1) In section 221ZZV(2) of the Building Act 1993,
for "Gas Industry Act 1994" substitute "Gas
Safety Act 1997".
(2) In section 221ZZXB(1)(e) of the Building Act 1993 for "Gas Industry Act 1994" substitute "Gas Safety Act 1997".
26. Country Fire Authority Act 1958
In section 32(2) of the Country Fire Authority substitute "Gas Industry Act 2001".
27. Dangerous Goods Act 1985
In section 9(ea) of the Dangerous Goods Act
1985, for "Gas Industry Act 1994" substitute"Gas Industry Act 2001".
28. Electricity Industry Act 2000
(1) In section 3 of the Electricity Industry Act
2000—
(a) in the definition of "ACCC" after "Commonwealth" insert "and includes a member of the Commission or a Division of the Commission performing functions of the Commission"; (b) in the definition of "VENCorp" for "Part 2A of the Gas Industry Act 1994" substitute "Part 8 of the Gas Industry Act 2001".
(2) In section 22 of the Electricity Industry Act
2000 for "incurred in the administration of this
Part" substitute "incurred or expected to be
incurred in carrying out its functions under this
Act".
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 29 (3) After section 31(10) of the Electricity Industry Act 2000 insert—
"(11) The Office must ensure that notice of the
approval for the transfer of a licence is
published in the Government Gazette as soon
as possible after the decision to approve the
transfer is made.".
(4) In sections 71(5) and 73(2) of the Electricity
Industry Act 2000, after "licensee," insert
"determine to".(5) In sections 72 and 74(1) and (2) of the Electricity
Industry Act 2000 for "declaration" substitute
"determination".
(6) After section 76(4)(b) of the Electricity Industry Act 2000 insert—
"or
(c) a determination under section 71(5) or 73(2) to revoke a licence—".
(7) After section 95(3) of the Electricity Industry
Act 2000 insert—
"(4) The Governor in Council may at any time
revoke a proclamation.".
29. Electricity Safety Act 1998
In section 91(5)(e) of the Electricity Safety Act 1998, for "Gas Industry Act 1994" substitute "Gas Safety Act 1997".
30. Gas Pipelines Access (Victoria) Act 1998
After section 24B(2) of the Gas Pipelines Access
(Victoria) Act 1998 insert—
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001
"(2A) In addition to sub-sections (1) and (2), the
Governor in Council, by Order published in the Government Gazette, may provide that for the purposes of section 24A certain provisions of the old Access Code are to have effect as if amended as set out in the Order.
(2B) On the publication of an Order under sub-
section (2A), the old Access Code is deemed
to have effect for the purposes of section
24A as if amended as set out in the Order.".
31. Gas Industry (Further Amendment) Act 1997
In the Gas Industry (Further Amendment) Act
1997, section 12 is repealed.
32. Gas Industry (Amendment) Act 1998
In the Gas Industry (Amendment) Act 1998, sections 7, 9 and 13 are repealed.
33. Gas Industry Acts (Amendment) Act 2000
In the Gas Industry Acts (Amendment) Act
2000, sections 11 and 14 are repealed.
34. Gas Safety Act 1997
(1) In section 3 of the Gas Safety Act 1997—
(a)
in the definition of "apparatus and works", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001";
(b)
in the definition of "construction", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001";
(c)
in the definition of "distribute", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001";
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001 s. 34
(d) in the definition of "distribution pipeline", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001"; (e) in the definition of "gas company", for "Gas Industry Act 1994" (wherever occurring) substitute "Gas Industry Act 2001"; (f) in the definition of "operation", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001"; (g) in the definition of "pipeline", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001"; (h) in the definition of "transmission pipeline", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001"; (i) in the definition of "transmit", for "Gas Industry Act 1994" substitute "Gas Industry Act 2001".
(2) In section 86(1) of the Gas Safety Act 1997, for
"Gas Industry Act 1994" substitute "Gas
Industry Act 2001".(3) In section 86(4) of the Gas Safety Act 1997, for "Gas Industry Act 1994" (wherever occurring) substitute "Gas Industry Act 2001".
(4) In section 103 of the Gas Safety Act 1997, for
"Gas Industry Act 1994" substitute "Gas
Industry Act 2001".
(5) In section 104 of the Gas Safety Act 1997, for
"Gas Industry Act 1994" substitute "Gas
Industry Act 2001".
35. Magistrates' Court Act 1989
In Schedule 4 to the Magistrates' Court Act
1989, for clause 56E substitute—
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| s. 40 | Act No. 32/2001 |
"56E. Gas Industry Act 2001
Offences under section 186(9) or 210(1) of the corporate under section 208(5) of that Act.".
36. Melbourne City Link Act 1995
In section 3 of the Melbourne City Link Act
1995—
(a)
in the definition of "public authority", paragraph (c) is repealed;
(b)
in the definition of "public body", in paragraph (ba), for "Gas Industry Act 1994" substitute "Gas Industry Act 2001".
37. Office of the Regulator-General Act 1994
In section 3 of the Office of the Regulator-
General Act 1994, for sub-section (5)
substitute—"(5) Sub-section (2) does not apply to the gas
industry or to the Gas Industry Act 2001,
except as provided by section 17 of thatAct.".
38. Pipelines Act 1967
In section 17(6) of the Pipelines Act 1967, for
"Gas Industry Act 1994" substitute "GasIndustry Act 2001".
39. State Electricity Commission Act 1958
In section 3(1) of the State Electricity company" is repealed.
40. Treasury Corporation of Victoria Act 1992
(1) In section 36A of the Treasury Corporation of Victoria Act 1992, in the definition of "public
Gas Industry Legislation (Miscellaneous Amendments) Act 2001
Act No. 32/2001
authority" omit "a public gas company within the
meaning of the Gas Industry Act 1994,".(2) In Schedule 1 to the Treasury Corporation of Victoria Act 1992—
(a)
in the entry relating to GASCOR, for "Gas Industry Act 1994" substitute "Gas Industry (Residual Provisions) Act 1994";
(b)
in the entry relating to VENCorp, after "Electricity Industry Act 2000" insert "and Gas Industry Act 2001".
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Gas Industry Legislation (Miscellaneous Amendments) Act 2001
| Endnotes | Act No. 32/2001 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 3 May 2001
Legislative Council: 5 June 2001
The long title for the Bill for this Act was "to amend the Gas Industry Act 1994 to provide for retail gas market rules and as a consequence of the Gas Industry Act 2001 and for other purposes."
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