Grain Handling and Storage Amendment Act 2007 (Vic)

Grain Handling and Storage Amendment Act 2007

No. 44 of 2007

table of provisions

Section  Page

1Purpose

2Commencement

3Adjustment of purpose of Act

4Definitions

5Essential Services Commission's powers in relation to price regulation

6Access rules

7Insertion of Notes at foot of sections 17 and 18

8New section 18A inserted

18AStatutory right of access and related procedure do not apply if general access determination in force

9General access determinations

10New sections 20 and 20A inserted

20Revocation of general access determination

20AMonitoring compliance with general access determination

11Hindering access

12Commission guidelines

13Repeal of amending Act

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Endnotes

Grain Handling and Storage Amendment Act 2007

No. 44 of 2007

[Assented to 25 September 2007]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend the Grain Handling and Storage Act 1995 to—

(a)regulate handling and storage services for grain to be exported from the Port of Melbourne; and

(b)further provide for the application of the intergovernmental Competition Principles Agreement (as in force from time to time) in relation to certain determinations of the Essential Services Commission relating to access to prescribed services; and

(c)further provide for general access determinations relating to access to prescribed services.

2Commencement

(1)Sections 1, 4, 9(1) and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision of this Act does not come into operation before 1 January 2008, it comes into operation on that day.

3Adjustment of purpose of Act

In section 1 of the Grain Handling and Storage Act 1995, after "at" insert "the Port of Melbourne,".

4Definitions

In section 3 of the Grain Handling and Storage Act 1995—

(a)in the definition of Competition Principles Agreement, after "Commonwealth" (where secondly occurring) insert "and if that agreement is varied, that agreement as varied and in force for the time being";

(b)after the definition of GEB instrument insert—

"general access determination means a determination of the Commission under section 19;".

5Essential Services Commission's powers in relation to price regulation

In section 15(1)(b) of the Grain Handling and Storage Act 1995, after "in" (where secondly occurring) insert "the Port of Melbourne,".

6Access rules

In section 16(3) of the Grain Handling and Storage Act 1995, after "in" (where secondly occurring) insert "the Port of Melbourne,".

7Insertion of Notes at foot of sections 17 and 18

At the foot of sections 17 and 18 of the Grain Handling and Storage Act 1995 insert—

"Note

See also sections 18A and 19.".

8New section 18A inserted

After section 18 of the Grain Handling and Storage Act 1995 insert—

"18A   Statutory right of access and related procedure do not apply if general access determination in force

Sections 17 and 18 do not apply if there is a general access determination in force that applies to the prescribed services.".

9General access determinations

(1)Insert the following heading to section 19 of the Grain Handling and Storage Act 1995—

"General access determinations".

(2)Section 19(5) of the Grain Handling and Storage Act 1995 is repealed.

10New sections 20 and 20A inserted

After section 19 of the Grain Handling and Storage Act 1995 insert—

"20   Revocation of general access determination

The Commission, of its own motion, may make a determination that revokes a general access determination if it considers that the provider that provides the prescribed services to which the general access determination applies has not complied with that general access determination.

20AMonitoring compliance with general access determination

The Commission may monitor compliance by the service provider with a general access determination that applies to prescribed services provided by that provider.".

11Hindering access

(1)In section 21(2) of the Grain Handling and Storage Act 1995, for "A person" substitute "Subject to subsection (2AA), a person".

(2)After section 21(2) of the Grain Handling and Storage Act 1995 insert—

"(2AA)A person is not entitled to apply under subsection (2) if—

(a)there is a general access determination in force that applies to prescribed services; and

(b)that person's right of access to those prescribed services is being hindered by the provider providing those prescribed services.".

12Commission guidelines

In section 23A(1)(b)(iii) of the Grain Handling and Storage Act 1995, after "19" insert

", 20, 20A".

13Repeal of amending Act

This Act is repealed on 1 January 2009.

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Endnotes

Minister's second reading speech—

Legislative Assembly: 18 July 2007

Legislative Council: 9 August 2007

The long title for the Bill for this Act was "A Bill for an Act to amend the Grain Handling and Storage Act 1995 and for other purposes."