National Electricity (Victoria) Act 2005 (Vic)
Version No. 037
National Electricity (Victoria) Act 2005
No. 8 of 2005
Version incorporating amendments as at
1 November 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Crown to be bound
5Extra-territorial operation
Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations
6Application in Victoria of the National Electricity Law
7Application of Regulations under National Electricity Law
8Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations
9Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules
10National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation
11Personal Property Securities
11AExtension of AER functions and powers
11BPrescription of provisions of the regulations as civil penalty provisions
12Supreme Court—limitation of jurisdiction
12ARegulations
Part 3—General modification of application of the National Electricity Law
Division 1—Interpretation
13Definitions
Division 2—Initial general modifications
14NEL provisions providing for access to distribution services do not apply during specified period
15Modification of application of National Electricity Law and National Electricity Rules by Order
16Role of National Electricity Law and Rules in relation to distribution determinations and Victorian distribution pricing determinations
Division 2A—Feed-in tariff modifications
16ASolar feed-in credit obligation is a regulatory obligation or requirement
16ABModification of National Electricity Rules for the purpose of transitional feed-in tariff scheme
Division 2B—Metering
16BDisapplication of national smart meter rollout provisions
16BAModification of National Electricity Rules to be consistent with advanced metering infrastructure Orders
Division 3—The f-factor scheme
16COrder in Council for establishment of f‑factor scheme
16DFunctions and powers conferred and duties imposed on AER
16EApplication of NEL provisions after the Victorian distribution pricing determination end date
16FInterrelationship between f‑factor determinations and distribution determinations
16GPower of AER to request information relating to f‑factor determinations
Division 4—Application of pre-2011 service adjustment scheme and efficiency carryover mechanism
16HDefinitions
16IApplication
16JEfficiency carryover mechanism is an efficiency benefit sharing scheme
16KModification of definition of regulatory control period for purposes of this Division
16LService adjustment is a service target performance incentive scheme
16MDistribution pricing proposals
16NApproval of distribution pricing proposals
16OAER compliance with Tribunal decisions inconsistent with this Division
16PVictorian DNSPs are not required to comply with AER decisions or determinations that are inconsistent with this Division
Division 5—Distribution network connections and retail customer connection arrangements
16QApplication of certain provisions of the National Electricity (South Australia) Act 1996—distribution network connections etc.
16RAmendment of the National Electricity Rules
16SFurther modification of the amended National Electricity Rules
16SAModification relating to negotiated connection offers
16TTransitional provisions for retail customer connection arrangements
Division 6—Wholesale electricity markets and network service providers
16UApplication of certain provisions of the National Electricity (South Australia) Act 1996—wholesale electricity markets and network service providers
16VRegulations
Division 6A—Modification of distribution determination arrangements
Subdivision 1—Preliminary
16VADefinitions and interpretation
Subdivision 2—Regulatory years for distribution determinations
16VBMeaning of regulatory year for the purposes of distribution determinations on and after 1 July 2021
Subdivision 3—Extension of operation of 2016–2020 distribution determinations
16VCRegulatory control period includes determination extension period
16VDPricing proposals for extended period of applicable 2016‑2020 distribution determinations
Subdivision 4—Orders in Council relating to applicable distribution determinations
16VEOrder setting requirements for modifications and variations to certain instruments
16VFOrder modifying the National Electricity (Victoria) Law and Rules
16VGGeneral provisions apply to Orders under this Subdivision
16VHFunctions and powers conferred and duties imposed on AER
16VIEffect of Orders under this Subdivision
Subdivision 5—Application of modified rate of return instrument
16VJApplication of modified 2018 rate of return instrument
Subdivision 6—AER variations to applicable 2016–2020 distribution determinations
16VKAER variations to applicable 2016–2020 distribution determinations
Subdivision 7—Other matters
16VLDefinitions
16VMFailure to make a decision under the Law or Rules within time does not invalidate the decision
16VNFailure to meet particular pricing proposal timeframe does not invalidate relevant distribution determinations
16VOFailure to meet particular consultation timeframe does not invalidate relevant distribution determinations
16VPModified 2018 rate of return instrument may affect certain pre‑2018 AER economic regulatory decisions
16VQValidation of certain regulatory information notices served on Victorian DNSPs
Division 7—Modification of regulatory arrangements for specified declared transmission system augmentations and related services
16WDefinitions and interpretation
16XAdditional VicGrid functions
16YOrder modifying regulatory arrangements relating to declared transmission system augmentations and related services
16ZMatters that the Minister may have regard to in making an Order
16ZAConsultation before the making of an Order
16ZBPublication of reasons for the making of an Order
16ZCEffect of Order
16ZDNon-compliance with an Order enforceable under the Law
16ZDACourt order in relation to contraventions of enforceable provisions
16ZDBUndertakings as to damages and costs
16ZERecovery of augmentation related costs or non-network services costs specified in an Order
16ZFAugmentation related costs or non‑network services costs are a pass through event
16ZGOrders are not legislative instruments
16ZHAuthorisation of things done before commencement day as preparatory steps for making of Order
16ZHASpecial Orders relating to National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025
16ZIReview of operation of Division
Division 8—Additional Victorian requirements for Ministerial T‑3 reliability instruments
16ZJApplication of this Division
16ZKMinister must have regard to certain matters in deciding whether to make a T‑3 reliability instrument
16ZLMinister to consult the Premier and Treasurer before making a T-3 reliability instrument
16ZMMinister must publish T-3 reliability instrument or variation and reasons in Government Gazette
Part 3A—Modification of application of the National Electricity (Victoria) Law—VicGrid
Division 1—Preliminary
16ZNApplication
Division 2—Modifications conferring VicGrid functions and powers under the Law
16ZONEL definitions
16ZPDeclared network functions
16ZQFees and charges
16ZRInformation gathering
16ZSProtected information
Division 3—Other modifications related to conferral of VicGrid functions and powers under the Law
16ZTMeaning of civil penalty provision and conduct provision
16ZUCivil penalty amounts for breaches of civil penalty provisions
16ZVFunctions and powers of AER under the Law
16ZWManner in which AER performs AER economic regulatory functions or powers
16ZXApplications for judicial review
16ZYDefinitions for the purposes of Division 3A of Part 6
16ZZDetermination in the review
16ZZAAssistance from AER, AEMO or VicGrid
16ZZBObligations under Rules to make payments
16ZZCDefinitions for the purposes of Part 7
16ZZDImmunity in relation to failure to supply electricity
16ZZESchedule 2—Miscellaneous provisions relating to interpretation
Part 4—Economic regulatory distribution functions transitional arrangements
17Definitions
18Meaning of distribution services
19Meaning of relevant regulatory duty
20Meaning of relevant regulatory function or power
21Specified distribution licence conditions
22Specified ESC code or guideline provisions
22ASpecified regulatory law or instrument provisions are ESC enforceable regulatory requirements
23Certain ESC regulatory functions, powers and duties conferred and imposed on the AER
24ESC ceases to have certain distribution system related regulatory functions, powers and duties
25Enforcement of Victorian distribution pricing determination and distribution licences by AER
26ESC cannot enforce Victorian pricing determination or certain distribution licence conditions
27AER may request amendment of distribution licences and distribution service related code or guideline
27AAER determinations under the AMI Order
28Provision of information and assistance by ESC to the AER
28AProvision of information and assistance by AER to the ESC
29Appeals against certain decisions or actions of the AER
29AInterveners in appeals against decisions or determinations under the AMI Order
Part 5—Victorian declared networks
Division 1—Ministerial declarations
30Declaration of declared transmission system
31Declaration of declared transmission system operator
Division 1A—Advisory functions
31AApplication of advisory functions
Division 2—Declared network functions
32Application of declared network functions
33Certain defined terms for the purposes of the National Electricity (Victoria) Law
Division 2A—Grid impact authorities
Subdivision 1—Issue of grid impact authorities
33AApplication
33BDecision on application
33CGrid impact authority issued subject to conditions
Subdivision 2—Amendment of grid impact authorities
33DApplication
33EDecision on application
Subdivision 3—Revocation of grid impact authorities
33FRevocation of grid impact authority
Subdivision 4—Miscellaneous
33GGrid impact assessment guidelines
33HDetermination of fee for applications for grid impact authorities and amendments
Division 2B—REZ scheme declarations
33IREZ scheme declaration
33JPublic consultation for the making of a REZ scheme declaration
Division 2C—REZ scheme authorities
Subdivision 1—Issue of REZ scheme authorities
33KApplication
33LDecision on application
33MContent of REZ scheme authority
33NREZ scheme authority issued subject to conditions
Subdivision 2—Amendment of REZ scheme authorities
33OApplication
33PDecision on application
Subdivision 3—Revocation of REZ scheme authorities
33QRevocation of REZ scheme authority
Subdivision 4—Miscellaneous
33RSurrender of REZ scheme authority
33SREZ scheme authority cannot be transferred without VicGrid consent
33TVicGrid consent for transfer of REZ scheme authority
33UInterest on unpaid REZ scheme fees
33VRecovery of REZ scheme fees
Division 3—Regulatory arrangements
34Definitions
35Declaration of current connection agreements and current network agreements
36Ministerial specification of ESC code or guideline or provision under ESC code or guideline
37Current network agreements
38Current connection agreements
39Specified code or guidelines and specified VENCorp provisions
40Current VENCorp transmission determination
41VENCorp's negotiating framework and negotiated transmission service criteria
Division 4—Land access for augmentations
42Definition
43Model lease and licence
44Declared transmission system operator must provide access to land and premises
45Resolution of dispute arising from attempt to negotiate a lease or licence
46Termination of lease or licence
47General principles governing AER determinations
Division 5—Other matters
48Notice of change to declared transmission system operator
49Appointment of Responsible Officer
50Customer load shedding arrangements
Part 6—Electricity transmission infrastructure planning
Division 1—Preliminary
51Definitions
Division 2—VicGrid
53Functions of VicGrid
54Ministerial declarations
54AExcluded area Order
54BProcedure for making excluded area Order
55Delegation
55AReports to Treasurer
55BHalf-yearly reports—reports and statements
55CHalf-yearly reports—inclusion of required information
55DStatus of VicGrid
55EImmunity—general
55FImmunity—failure to supply electricity
55GImmunity—use of computer software
55HExemption from Freedom of Information Act 1982
Division 3—Victorian transmission planning objective
56What is the Victorian transmission planning objective?
Division 4—Victorian transmission plan guidelines
57Victorian transmission plan guidelines
58Effect of Victorian transmission plan guidelines
Division 5—Victorian transmission plan
59What is a Victorian transmission plan?
60Preparing and publishing Victorian transmission plan
61Updating Victorian transmission plan
62AEMO and service providers to have regard to Victorian transmission plan
Division 6—Renewable energy zones
63Declaration of renewable energy zones
64Procedure for making renewable energy zone Order
65Publication of renewable energy zone Order and statement of reasons
Division 8—General
68Agreements for AEMO to assist VicGrid
68ACompetition and Consumer Act and Competition Code
68BProviding false or misleading information
Part 7—Landholder payments
Division 1—Preliminary
69Definitions
Division 2—Land other than public land
70Determination of eligibility
71Initial payment
72Calculation of initial payment
73Subsequent payments
74Calculation of subsequent payments
Division 3—Public land
75Determination of eligibility—public land
76Initial payment—public land
77Subsequent payments—public land
78Calculation of subsequent payments—public land
Division 4—General
79Guidelines
80Transmission company notification requirements
81Waiver of entitlement to payment
82Transfer of interest in land subject to relevant transmission interest
83Overpayments
84Effect on compensation under other Acts
85Administration agreements
85AConsolidated Fund appropriated for payments to eligible persons and for VicGrid's costs under this Part
86Review of decisions
87Delegation
Part 8—The Funds
Division 1—The VicGrid Fund
88Establishment and structure of VicGrid Fund
89General account of VicGrid
90REZ scheme fee account of VicGrid
Division 2—The REZ Community Energy Fund
91Establishment and purpose of REZ Community Energy Fund
92Payments in and out of the REZ Community Energy Fund
93REZ Community Energy Fund program guidelines
Division 3—The Traditional Owners Fund
94Establishment and purpose of Traditional Owners Fund
95Payments in and out of the Traditional Owners Fund
Division 4—Miscellaneous
96VicGrid may invest funds
Part 9—Review of community benefits framework
97Definitions
98Statements of expectations in relation to reviews under this Part
99Minister may direct VicGrid to cause an independent review to be conducted
100Initial review by VicGrid to conduct review of community benefits framework
101Independent reviews commissioned by VicGrid
102Public notification of independent review commissioned by VicGrid
Part 10—Transitional and other provisions—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025
Division 1—Preliminary
103Application of Interpretation of Legislation Act 1984
Division 2—CEO VicGrid
104Definitions
105Administrative Office Head of VicGrid (AO) to be CEO of VicGrid
106Proceedings to which the CEO VicGrid was party
107Superseded references to CEO VicGrid
Division 3—AEMO
108Definitions
109Things done by AEMO
110Things commenced but not completed by AEMO
111Superseded references to AEMO that relate to AEMO's Victorian network functions
Division 4—Other provisions
112Consultation requirements for renewable energy zone Orders not to apply for specified Order
113Consultation requirements for REZ scheme declaration not to apply for certain REZ scheme declaration
114Consultation on initial grid impact assessment guidelines
115Victorian transmission plan and guidelines
116Pending determinations of eligibility—CEO VicGrid—landholder payment
117AEMO's revenue methodology to be VicGrid's revenue methodology
118AEMO's current pricing methodology to be VicGrid's pricing methodology
Division 5—Miscellaneous
119Regulations dealing with transitional matters
Part 11—Transfer of property, rights and liabilities—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025
Division 1—Preliminary
120Definitions
Division 2—VicGrid (AO)
121Definitions
122Minister may fix relevant date
123Department Head to prepare allocation statement or statements
124Certificate of Department Head
125Property, rights and liabilities allocated in accordance with statement
126Allocation of property etc. subject to encumbrances
127Substitution of party to agreement
128Former Crown instruments
129Proceedings relating to former Crown property
130Proceedings to which VicGrid (AO) was a party
131Taxes
132Evidence
133Superseded references to VicGrid (AO)
Division 3—AEMO
134Definitions
135Application
136Minister may fix relevant date
137AEMO chief executive officer to prepare allocation statement or statements
138Certificate of AEMO chief executive officer
139Property, rights and liabilities allocated in accordance with statement
140Allocation of property etc. subject to encumbrances
141Substitution of party to agreement
142Former AEMO instruments
143Proceedings to which AEMO was a party
144Specific proceedings—former AEMO property
145VicGrid liable to pay AEMO criminal fines
146VicGrid liable to pay AEMO civil penalty amounts
147Taxes
148Evidence
Division 4—Miscellaneous
149Corporations Act displacement
150Validity of things done under this Part
Schedule 1––Specified building block amounts applying to applicable Victorian distribution determinations
Schedule 2—Amendment of National Electricity Rules
Schedule 3—Transitional provisions for retail customer connection arrangements
Schedule 4—Modifications for wholesale electricity markets and network service providers
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 037
National Electricity (Victoria) Act 2005
No. 8 of 2005
Version incorporating amendments as at
1 November 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purpose
The main purpose of this Act is to make provision in relation to the national electricity market.
2Commencement
This Act comes into operation on a day to be proclaimed.
3Definitions
(1)In this Act—
2006–2010 distribution pricing determination—
(a)means the determination of the ESC under Part 3 of the Essential Services Commission Act 2001 made on 18 October 2005 applying to charges for connection to, and the use of, distribution systems in Victoria (as amended in accordance with the decision of the appeal panel (within the meaning of the Essential Services Commission Act 2001) on 17 February 2006); and
(b)includes amendments made to that determination before the commencement of section 5 of the National Electricity (Victoria) Amendment Act 2007;
approved consultation and engagement plan means a consultation and engagement plan approved under section 33B or 33L;
* * * * *
Connection Applicant has the meaning given by Chapter 10 of the National Electricity Rules;
connection point has the meaning given by Chapter 10 of the National Electricity Rules;
consultation and engagement plan means a plan mentioned in section 33A(2)(b) or 33K(3);
Department means Department of Energy, Environment and Climate Action;
Distribution Network Service Provider has the meaning given by Chapter 10 of the National Electricity Rules;
eligible facility means a facility which includes, as part of the facility, an eligible generating system or eligible integrated resource system;
eligible generating system means a kind of renewable energy generating system declared under a REZ scheme declaration as an eligible generating system;
eligible integrated resource system means a kind of integrated resource system declared under a REZ scheme declaration as an eligible integrated resource system;
Essential Services Commission or ESC means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001;
facility means a facility under Chapter 5 of the National Electricity Rules;
generating system has the meaning given by Chapter 10 of the National Electricity Rules;
Generator has the meaning given by Chapter 10 of the National Electricity Rules;
grid impact assessment guidelines—see section 33G;
grid impact authority means an authority issued under section 33B and includes a grid impact authority amended under section 33E;
grid impact authority applicant means a person referred to under section 33A(1);
grid impact authority holder means a person to whom a grid impact authority has been issued;
Integrated Resource Provider has the meaning given by Chapter 10 of the National Electricity Rules;
integrated resource system has the meaning given by Chapter 10 of the National Electricity Rules;
nameplate rating has the meaning given by Chapter 10 of the National Electricity Rules;
National Electricity Rules means the National Electricity Rules within the meaning of the National Electricity (Victoria) Law having the force of law in Victoria subject to this Act and the regulations;
National Electricity (Victoria) Law means the provisions applying, subject to this Act and the regulations, because of section 6 of this Act;
National Electricity (Victoria) Regulations means the provisions applying, subject to this Act and the regulations, because of section 7 of this Act;
renewable energy zone means an area declared in a renewable energy zone Order;
renewable energy zone Order means an Order made under section 63;
REZ scheme authority means an authority issued under section 33L and includes a REZ scheme authority amended under section 33P;
REZ scheme authority applicant means a person referred to in section 33K(1);
REZ scheme authority holder means a person to whom a REZ scheme authority has been issued;
REZ scheme declaration means a declaration made under section 33I;
REZ scheme fee means the fee determined and published under the regulations that is payable by a REZ scheme authority holder;
stand-alone power system has the same meaning as in section 6B(6) of the National Electricity (Victoria) Law;
system change, in relation to a facility, means a change to the facility to increase the capacity of a generating system or integrated resource system forming part of the facility;
Tariff Order has the same meaning as in the Electricity Industry Act 2000;
traditional owner has the same meaning as in the Aboriginal Heritage Act 2006;
Transmission Network Service Provider has the meaning given by Chapter 10 of the National Electricity Rules;
VicGrid means VicGrid Body Corporate established under an Order in Council under section 14 of the State Owned Enterprises Act 1992 on 15 April 2025;
Victorian distribution pricing determination means—
(a)the 2006–2010 distribution pricing determination as amended from time to time; or
(b)a determination under Part 3 of the Essential Services Commission Act 2001 or the Tariff Order applying to charges for connection to, and the use of, distribution systems in Victoria that revokes and substitutes—
(i)the 2006–2010 distribution pricing determination; or
(ii)a determination applying to charges for connection to, and the use of, distribution systems in Victoria—
as amended from time to time.
(2)Words and expressions used in the National Electricity (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.
(3)Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
4Crown to be bound
This Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations bind the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
5Extra-territorial operation
It is the intention of the Parliament that the operation of this Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations should, so far as possible, include operation in relation to the following—
(a)land situated outside Victoria, whether in or outside Australia;
(b)things situated outside Victoria, whether in or outside Australia;
(c)acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;
(d)things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.
PART 2—NATIONAL ELECTRICITY (VICTORIA) LAW AND NATIONAL ELECTRICITY (VICTORIA) REGULATIONS
6Application in Victoria of the National Electricity Law
The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force for the time being—
(a)applies as a law of Victoria; and
(b)as so applying may be referred to as the National Electricity (Victoria) Law.
7Application of Regulations under National Electricity Law
The Regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia—
(a)apply as Regulations in force for the purposes of the National Electricity (Victoria) Law; and
(b)as so applying may be referred to as the National Electricity (Victoria) Regulations.
8Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations
(1)In the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations—
Legislature of this jurisdiction means the Parliament of Victoria;
the jurisdiction or this jurisdiction means the State of Victoria;
the National Electricity Law or this Law means the National Electricity (Victoria) Law.
(2)The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—
(a)the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia in its application as a law of Victoria; or
(b)the regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia in their application as Regulations in force for the purposes of the National Electricity (Victoria) Law.
9Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules
Except as otherwise provided in section 59(1) of the National Electricity (Victoria) Law, proceedings may not be instituted in a relevant court in respect of a breach of a provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules that is not an offence provision by any person (other than the AER).
10National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation
(1)The Governor in Council, by Order published in the Government Gazette, may declare the provisions of the National Electricity (Victoria) Law or of the National Electricity Rules, or specified provisions of that Law or those Rules, to be relevant legislation for the purposes of section 10 of the Essential Services Commission Act 2001.
(2)On the commencement of an Order under subsection (1) the provisions declared in the Order are, despite anything to the contrary in the Essential Services Commission Act 2001, to be taken to be relevant legislation for the purposes of section 10 of that Act.
Note
By operation of section 7A(b) of the Electricity Industry Act 2000 the electricity industry is a regulated industry for the purposes of the Essential Services Commission Act 2001.
11Personal Property Securities
For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, registration under the National Electricity (Victoria) Law is declared not to be personal property.
11AExtension of AER functions and powers
Without limiting section 6, the following provisions of the National Electricity (Victoria) Law apply as laws of Victoria as if a reference in any such provision to the Law included a reference to regulations made under this Act—
(a)Parts 3 and 6 and Schedule 2;
(b)any other provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules prescribed by the regulations for the purposes of this section.
11BPrescription of provisions of the regulations as civil penalty provisions
(1)The regulations may prescribe a provision of the regulations as a civil penalty provision.
(2)A reference in the National Electricity (Victoria) Law or the National Electricity (Victoria) Regulations to a civil penalty provision is taken to include a reference to a provision prescribed under subsection (1).
(3)Subsection (2) applies despite anything to the contrary in the National Electricity (Victoria) Law.
12Supreme Court—limitation of jurisdiction
It is the intention of section 9 to alter or vary section 85 of the Constitution Act 1975.
12ARegulations
(1)The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.
(2)Without limiting subsection (1), regulations may be made under that subsection for or with respect to—
(a)the undergrounding, relocation, modification, replacement or removal of distribution systems, including—
(i)proposals for the undergrounding, relocation, modification, replacement or removal of distribution systems; and
(ii)requiring a distribution company which receives a proposal for the undergrounding, relocation, modification, replacement or removal of a distribution system to make an offer to underground, relocate, modify, replace or remove a distribution system;
(b)the content of proposals referred to in paragraph (a)(i) or offers referred to in paragraph (a)(ii), including the price of, or an estimate of costs to be incurred for, the undergrounding, relocation, modification, replacement or removal of a distribution system;
(c)the determination, calculation, allocation or breakdown of a price or costs referred to in paragraph (b) or allocation or apportionment of costs referred to in that paragraph;
(d)requiring a distribution company to call for tenders for the performance of—
(i)works to augment or extend a distribution system for the purpose of connecting generating units or customer premises to the system and associated works;
(ii)works arising out of an offer to underground, relocate, modify, replace or remove a distribution system and associated works;
(e)the development or adoption of tender policies, or compliance with tender policies, by a distribution company, for the performance of works referred to in paragraph (d);
(f)the content of tender policies referred to in paragraph (e) including—
(i)the price, or the estimated costs, of the works; and
(ii)procedures for dealing with and resolving disputes that may arise in relation to the performance of the works;
(g)the public availability of tender policies referred to in paragraph (e);
(gaa)prescribed maximum amounts referred to in section 55E(2);
(ga)prescribing requirements for the purposes of section 57(4)(d);
(gab)fees payable by REZ scheme authority holders, including—
(i)the determination of such fees;
(ii)the methodology and variables to be applied to determine such fees;
(iii)the process for determining such fees;
(iv)the publication of such fees;
(v)the reduction, waiver or refund, in whole or in part, of such fees;
(vi)the administration of the collection of such fees;
(vii)the review of such fees;
(gb)applications for eligibility under Part 7;
(gc)processes and requirements for making any payments or giving notice under Part 7;
(gd)processes and requirements for payments between the transferor and transferee of interests in land that are subject to relevant transmission interests for the purposes of Part 7;
(ge)the administration of a fund established under Part 8;
(gf)the auditing of a fund established under Part 8;
(gh)financial reporting in relation to a fund established under Part 8;
(h)providing that the following form part of the national electricity system (a regulated stand-alone power system)—
(i)a particular stand-alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator;
(ii)a stand-alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator, that belongs to a particular class of stand-alone power systems.
(2A)Without limiting subsection (2)(h), regulations made under this section may provide that a particular stand-alone power system, or a class of stand-alone power systems, forms part of the national electricity system by reference to—
(a)the particular geographic area in which the stand-alone power system, or class of stand-alone power systems, is or will be located; or
(b)the regulated distribution system operator that owns, controls or operates, or proposes to own, control or operate, the stand-alone power system or class of stand-alone power systems; or
(c)whether the stand-alone power system, or class of stand-alone power systems, complies with any requirements specified by the Rules.
(2B)Without limiting subsection (1), regulations may be made under that subsection that—
(a)modify the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules for the purposes of or to give effect to—
(i)the amendments made to this Act by the National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025;
(ii)the repeal of any provision of this Act by the National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025;
(b)modify the National Electricity Rules for or with respect to—
(i)requirements to be met before a connection to the declared transmission system for a generating system or integrated resource system can be established;
(ii)requirements to be met before a change to a facility with a generating system or integrated resource system that is connected to the declared transmission system may be carried out;
(iii)augmentations of the declared transmission system, including the procurement of augmentations of the declared transmission system;
(iv)preparation and publication of guidelines and procedures relating to augmentations of the declared transmission system, including the procurement of augmentations of the declared transmission system;
(v)the deeming of the performance of specified functions of VicGrid as the provision of prescribed common transmission services by VicGrid;
(vi)the imposition, publication and recovery of fees and charges by VicGrid relating to the performance of specified functions of VicGrid;
(vii)the assets that must be treated as forming part of the regulatory asset base of the declared transmission system for the purposes of a transmission determination for a Transmission Network Service Provider providing prescribed transmission services by means of the declared transmission system, including whether augmentations of the declared transmission system before the commencement of this subparagraph must be treated as forming part of the regulatory asset base;
(viii)the classification, as protected information, of information given to VicGrid in connection with the performance of a function or power under the National Electricity (Victoria) Law or the Rules or the performance of a REZ planning function or landholder payment function;
(ix)the authorisation of disclosure of protected information by VicGrid;
(3)Regulations made under this section may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance;
(c)apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person or body whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii)as formulated, issued, prescribed or published or amended from time to time;
(d)confer a function, power or discretionary authority or impose a duty on any person;
(e)leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any person;
(ea)direct the ESC to make amendments to any instrument made by the ESC to give effect to any matter specified in the regulations;
(eb)modify the application of a specified provision of the National Electricity (Victoria) Law or the Rules for and with respect to a regulated stand-alone power system or a class of regulated stand-alone power systems;
(f)provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—
(i)whether unconditionally or on specified conditions; or
(ii)either wholly or to such an extent as is specified.
(4)Regulations made for or in relation to the content of proposals for the undergrounding, relocation, modification, replacement or removal of distribution systems, or the content of tenders for the performance of works referred to in subsection (2)(d), have effect according to their tenor despite anything to the contrary in any agreement or contract.
(5)In this section—
costs includes avoided costs;
distribution company has the same meaning as in the Electricity Industry Act 2000;
modifyincludes add, omit or substitute.
PART 3—GENERAL MODIFICATION OF APPLICATION OF THE NATIONAL ELECTRICITY LAW
Division 1—Interpretation
13Definitions
In this Part—
Country Fire Authority means the Country Fire Authority appointed under the Country Fire Authority Act 1958;
Distribution Network Service Provider has the same meaning as in the National Electricity Rules;
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;
f-factor amount determination means a determination made by the AER in accordance with an Order under section 16C(1)(b);
f-factor scheme determination means a determination made by the AER in accordance with an Order under section 16C(1)(a);
Fire Rescue Victoria means Fire Rescue Victoria established under the Fire Rescue Victoria Act 1958;
first distribution determination period means the period—
(a)commencing on the day after the day that is the Victorian distribution pricing determination end date; and
(b)ending on—
(i)31 December 2015; or
(ii)for a distribution determination that continues to be in force after that date, the date on which that distribution determination ceases to be in force;
* * * * *
NEL means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force for the time being;
relevant entity means—
(a)the Secretary to the Department of Energy, Environment and Climate Action; or
(b)Energy Safe Victoria; or
(c)the Country Fire Authority; or
(d)Fire Rescue Victoria;
service target performance incentive scheme has the same meaning as in the National Electricity Rules;
Victorian distribution pricing determination end date means—
(a)31 December 2010; or
(b)if a Victorian distribution pricing determination provides that it will cease to have effect on a later date—that date.
Division 2—Initial general modifications
14NEL provisions providing for access to distribution services do not apply during specified period
(1)Despite section 6, during the specified period—
(a)section 2A, Division 3B of Part 6, Part 10 and section 157 of the NEL (as each of those provisions apply to access to services provided by means of a distribution system, or connection to a distribution system) do not apply as a law of Victoria; and
(b)a Rule made for the purposes of any provision referred to in paragraph (a) does not have the force of law in Victoria.
(2)In this section—
specified period means the period—
(a)commencing on the day section 46 of the National Electricity (South Australia) (National Electricity
Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia commences operation; and
(b)ending on the Victorian distribution pricing determination end date.
15Modification of application of National Electricity Law and National Electricity Rules by Order
(1)The Minister, by Order published in the Government Gazette, may declare that, despite section 6—
(a)a provision of the NEL that relates to the economic regulation of the provision of distribution services—
(i)does not apply as a law of Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date);
(ii)ceases to apply as a law of Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date);
(iii)applies as a law of Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date);
(b)a provision of the National Electricity Rules that relates to the economic regulation of the provision of distribution services—
(i)does not have the force of law in Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date);
(ii)ceases to have the force of law in Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date);
(iii)has the force of law in Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date).
(2)Despite section 6—
(a)the NEL applies as a law of Victoria subject to any Order under subsection (1) that is in force;
(b)the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force.
16Role of National Electricity Law and Rules in relation to distribution determinations and Victorian distribution pricing determinations
(1)To avoid doubt, nothing in this Part is to be taken as preventing the making of a distribution determination under—
(a)the NEL as it applies as a law of Victoria under this Act; and
(b)the National Electricity Rules as they have the force of law in Victoria under this Act—
that takes effect after the Victorian distribution pricing determination end date.
(2)To avoid doubt, nothing in this Part is to be taken as preventing the AER (before, on or after the Victorian distribution pricing determination end date) performing a function or duty, or exercising a power, for the purposes of making a distribution determination under—
(a)the NEL as it applies as a law of Victoria under this Act; and
(b)the National Electricity Rules as they have the force of law in Victoria under this Act—
that takes effect after the Victorian distribution pricing determination end date.
(3)Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the provisions of that Law and those Rules that relate to the economic regulation of the provision of distribution services do not apply to a Victorian distribution pricing determination.
(4)To avoid doubt—
(a)the AER cannot perform any function or duty, or exercise any power, under a provision of the National Electricity (Victoria) Law or the National Electricity Rules that relates to the economic regulation of the provision of distribution services under a Victorian distribution pricing determination; and
(b)a Victorian distribution pricing determination is not a distribution determination for the purposes of the National Electricity (Victoria) Law or the National Electricity Rules.
(5)In this section—
distribution services has the same meaning as in Chapter 10 of the National Electricity Rules.
Division 2A—Feed-in tariff modifications
16ASolar feed-in credit obligation is a regulatory obligation or requirement
(1)During the relevant solar feed-in tariff period for a regulated distribution system operator that is a distribution company—
(a)Division 5A of Part 2 of the Electricity Industry Act 2000 is deemed to be an Act of this jurisdiction that relates to the protection of the environment referred to in section 2D(1)(b)(iv) of the National Electricity (Victoria) Law; and
(b)the solar feed-in credit obligation is deemed to be an obligation under the Electricity Industry Act 2000.
(2)In this section—
distribution company has the same meaning as the Electricity Industry Act 2000;
distributor obligation period has the same meaning as in section 40F(1) of the Electricity Industry Act 2000;
distributor TFiT obligation period has the same meaning as in section 40F(1) of the Electricity Industry Act 2000;
relevant solar feed-in tariff period, for a regulated distribution system operator that is a distribution company, means the period—
(a)commencing on the day after the Victorian distribution pricing determination end date; and
(b)ending on—
(i)in the case of the solar feed-in credit obligation, the day the distributor obligation period that applies to that operator ends;
(ii)in the case of the TFiT feed-in credit obligation, the day the TFiT distributor obligation period that applies to that operator ends;
solar feed-in credit obligation means an obligation on a regulated distribution system operator that is a distribution company arising because of section 40FH(2) of the Electricity Industry Act 2000;
TFiT feed-in credit obligation means an obligation on a regulated distribution system operator that is a distribution company arising because of section 40FH(2A) of the Electricity Industry Act 2000.
16ABModification of National Electricity Rules for the purpose of transitional feed-in tariff scheme
Despite section 6, the National Electricity Rules have the force of law in Victoria as if after rule 6.18.7A(e)(1)(iv) of the Rules there were inserted—
"(v)Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011 (Vic);".
Division 2B—Metering
16BDisapplication of national smart meter rollout provisions
Despite section 6—
(a)Part 8A of the NEL does not apply as a law of Victoria; and
(b)any Rule made for the purposes of that Part does not have the force of law in Victoria.
16BAModification of National Electricity Rules to be consistent with advanced metering infrastructure Orders
(1)The Minister, by Order published in the Government Gazette, may declare that—
(a)a provision of Chapter 7 of the National Electricity Rules—
(i)does not have the force of law in Victoria;
(ii)has the force of law in Victoria subject to modifications, if any, specified in the Order;
(b)Rule 6.18 of the National Electricity Rules has the force of law in Victoria subject to the modifications specified in the Order.
(2)The Minister may make an Order under subsection (1)(a) or (b) for the purpose of any matter necessary or consequential on the making of an Order under Division 6A of Part 2 of the Electricity Industry Act 2000.
(3)Despite section 6, the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force.
Division 3—The f-factor scheme
16COrder in Council for establishment of f‑factor scheme
(1)The Governor in Council, by Order published in the Government Gazette, for the purpose of reducing the risk of fire starts and reducing the risk of loss or damage caused by fire starts, may confer functions and powers, or impose duties, on the AER to make—
(a)a determination for the purpose of providing incentives for Distribution Network Service Providers to reduce the risk of fire starts and reduce the risk of loss or damage caused by fire starts;
(b)a determination for each year of the first distribution determination period specifying an amount that is to be treated as a positive pass through amount or a negative pass through amount for the purposes of Chapter 6 of the National Electricity Rules.
(2)Without limiting subsection (1), an Order under that subsection may—
(a)specify how the AER is to make, publish, implement and administer an f‑factor scheme determination and an f‑factor amount determination;
(b)specify the kinds of fire starts to be covered by an f‑factor scheme determination or require the AER to determine the kinds of fire starts to be covered by an f‑factor scheme determination;
(c)require the AER, before making an f‑factor scheme determination, to consult with one or more of the following—
(i)the Minister;
(ii)a Distribution Network Service Provider;
(iii)a relevant entity;
(iv)any other person whose interests are affected and who is specified as a person with whom the AER must consult;
(d)require the AER, when consulting with persons referred to in paragraph (c), to comply with specified consultation procedures;
(e)require the AER to include benchmarks or targets for Distribution Network Service Providers as part of an f‑factor scheme determination;
(f)require the AER to assess the performance of Distribution Network Service Providers in relation to any benchmarks or targets included as part of an f‑factor scheme determination and for the purpose of making an f‑factor amount determination;
(g)specify any benchmarks, targets, incentives, rewards or penalties for inclusion in an f‑factor scheme determination that will apply to Distribution Network Service Providers and for the purpose of making f‑factor amount determinations;
(h)require the AER, in making an f‑factor scheme determination, to have regard to specified criteria, including—
(i)the need to ensure that the benefits to consumers likely to result from the making of an f‑factor scheme determination are sufficient to warrant the determination's benchmarks, targets, incentives, rewards or penalties for Distribution Network Service Providers;
(ii)any regulatory obligation or requirement to which Distribution Network Service Providers are subject;
(iii)a distribution system's history of fire starts;
(iv)the willingness of end users to pay for enhanced fire safety;
(v)criteria for determining benchmarks, targets, incentives, rewards or penalties that will apply to Distribution Network Service Providers and for the purpose of making an f‑factor amount determination;
(vi)any interaction between the Order and a service target performance incentive scheme;
(vii)any interaction between the Order and any other incentive scheme, including an incentive scheme in relation to services provided by means of a distribution system (other than a service target performance incentive scheme that applies to a Distribution Network Service Provider);
(i)specify, for a Distribution Network Service Provider, the interaction between an f‑factor scheme determination and a service target performance incentive scheme that apply to that Distribution Network Service Provider.
(3)An Order under subsection (1) may be made so as to apply, adopt or incorporate wholly or partially or as amended by the Order, 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 Order is made or at any time before the Order is made; or
(b)as amended from time to time.
(4)An Order under subsection (1) may—
(a)leave any matter to be decided by the AER; and
(b)without limiting paragraph (a), direct the AER to make amendments to any instrument made by the AER to give effect to any matter specified in an Order made under this section.
(5)The provisions of an Order under subsection (1) may—
(a)be of general or limited application;
(b)differ according to differences in time, place and circumstances.
(6)An Order under subsection (1) has effect as from the day specified in the Order and until the day specified in the Order.
(7)An f-factor scheme determination or f-factor amount determination made under an Order under subsection (1) cannot come into effect before the Victorian distribution pricing determination end date.
16DFunctions and powers conferred and duties imposed on AER
A function or power conferred or a duty imposed on the AER by an Order under section 16C is taken to be conferred or imposed by this Act.
Note
See sections 44AH and 44AI of the Competition and Consumer Act 2010 of the Commonwealth.
16EApplication of NEL provisions after the Victorian distribution pricing determination end date
(1)Despite section 6, after the Victorian distribution pricing determination end date—
(a)unless the context otherwise requires, a reference in the NEL to "the Law" or "this Law" is to be read as including a reference to an Order under section 16C;
(b)a reference in the NEL to a function or power of the AER (including, but not limited to, an AER economic regulatory function or power) is to be read as including a reference to a function or power conferred or a duty imposed on the AER under section 16D;
(c)section 14B of the NEL is to be read as if after "that operator" there were inserted "and an f‑factor scheme determination and an f‑factor amount determination that applies to that operator";
(d)sections 28F(1), 28ZC and 28ZD of the NEL are to be read as if after every reference in those sections to "or the Rules" there were inserted "or an Order under section 16C under the National Electricity (Victoria) Act 2005";
(e)Division 6 of Part 3 of the NEL is to be read as if after every reference in that Division to "or the Rules" there were inserted "or an Order under section 16C under the National Electricity (Victoria) Act 2005";
(f)section 28F(3)(d) of the NEL is to be read as if after "performance report" there were inserted ", other than a service provider performance report relating to a Distribution Network Service Provider's compliance with an f‑factor scheme determination or f‑factor amount determination";
(g)section 28V(2)(a) of the NEL is to be read as if after subparagraph (iii) there were inserted—
"(iv)complying with an f‑factor scheme determination and an f‑factor amount determination; and".
(2)Despite section 6, on and after the date the first Order made under section 16C comes into effect, the National Electricity Rules have the force of law in Victoria as if—
(a)after rule 6.13 of the Rules there were inserted—
"6.13A Variations to distribution determinations for purpose of f‑factor scheme determinations
(a)Despite anything to the contrary in these Rules and subject to this rule, the AER may, as a consequence of the making of an f-factor scheme determination (within the meaning of section 13 of the National Electricity (Victoria) Act 2005), vary a distribution determination during the course of the regulatory control period.
(b)The AER must not vary a distribution determination under this rule unless the AER has complied with any consultation procedures specified in an Order under section 16C of the National Electricity (Victoria) Act 2005.
(c)Once the AER has made a decision under this rule varying a distribution determination, the AER cannot make another decision under this rule to vary that distribution determination.
(d)Despite anything to the contrary in these Rules, the AER, in varying a distribution determination under this rule, is not required to follow any process specified in the Rules in relation to the making of a distribution determination.
(e)To avoid doubt—
(1)a decision of the AER to vary a distribution determination under this rule is taken not to be a reviewable regulatory decision (within the meaning of section 71A of the National Electricity Law); and
(2)a distribution determination (as varied by the AER under this rule) is not by reason only of that variation taken to be a reviewable regulatory decision (within the meaning of section 71A of the National Electricity Law)."; and
(b)after paragraph (d) of the definition of pass through event in Chapter 10 of the Rules there were inserted—
"(e)an f‑factor amount determination (within the meaning of section 13 of the National Electricity (Victoria) Act2005).".
16FInterrelationship between f‑factor determinations and distribution determinations
The making of an f‑factor scheme determination or an f‑factor amount determination is not to be taken as affecting the process already commenced by the AER for the making of a distribution determination that is to apply during the first distribution determination period.
16GPower of AER to request information relating to f‑factor determinations
(1)If the AER considers it necessary for the purposes of making an f-factor scheme determination or an f-factor amount determination, the AER may request a relevant entity to provide information relating to fire starts to the AER.
(2)Before making a request under subsection (1), the AER must consult with the relevant entity about its intention to make that request.
(3)A request under subsection (1) must—
(a)be in writing; and
(b)specify the period of time within which the information requested is to be provided.
(4)The period of time referred to in subsection (3)(b) must be reasonable.
(5)A request under subsection (1) may request information in relation to one or more of the following—
(a)the number of fire starts caused by, or believed to be caused by, electric lines or electrical installations during a specified period;
(b)the date, time and location of each of those fire starts;
(c)if known and determinable, the cause of each of those fire starts;
(d)the nature and extent of any loss or damage caused by each of those fire starts.
(6)A relevant entity must comply with a request under subsection (1) to the extent that it is reasonably practicable for the entity to do so.
(7)For the purposes of subsection (6), it is reasonably practicable for a relevant entity not to comply with a request under subsection (1) if the entity is of the view that compliance with the request would impose an unreasonable administrative or financial burden on the entity.
Division 4—Application of pre-2011 service adjustment scheme and efficiency carryover mechanism
16HDefinitions
(1)In this Division—
applicable regulatory control period means the period commencing 1 January 2011 and ending on 31 December 2015;
applicable Victorian distribution determination means—
(a)in the case of the Victorian DNSP that is Citipower Pty Ltd (ABN 76 064 651 056)—Citipower distribution determination 2011-15;
(b)in the case of the Victorian DNSP that is Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083)—Jemena distribution determination 2011-15;
(c)in the case of the Victorian DNSP that is Powercor Australia Limited (ABN 89 064 651 109)—Powercor distribution determination 2011-15;
(d)in the case of the Victorian DNSP that is SPI Electricity Pty Limited (ABN 91 164 651 118)—SPI Electricity distribution determination 2011-15;
(e)in the case of the Victorian DNSP that is United Energy Distribution Pty Ltd (ABN 70 064 651 029)—United Energy distribution determination 2011-15;
Citipower distribution determination 2011‑15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Citipower Pty Ltd (ABN 76 064 651 056), as varied or remade from time to time;
efficiency carryover mechanism, in relation to a Victorian DNSP, means the scheme of that name given effect under the Victorian distribution pricing determination that is applicable to the Victorian DNSP;
Jemena distribution determination 2011-15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083), as varied or remade from time to time;
modified Rules means the National Electricity Rules as they have the force of law in this jurisdiction subject to this Division;
Powercor distribution determination 2011‑15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Powercor Australia Limited (ABN 89 064 651 109), as varied or remade from time to time;
service adjustment, in relation to a Victorian DNSP, means the adjustment to the distribution price control applicable to that Victorian DNSP determined in accordance with section 2.3.9 of Volume II of the Victorian distribution pricing determination;
SPI Electricity distribution determination 2011‑15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by SPI Electricity Pty Limited (ABN 91 164 651 118), as varied or remade from time to time;
United Energy distribution determination 2011‑15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by United Energy Distribution Pty Ltd (ABN 70 064 651 029), as varied or remade from time to time;
Victorian DNSP means—
(a)Citipower Pty Ltd
(ABN 76 064 651 056);
(b)Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083);
(c)Powercor Australia Limited
(ABN 89 064 651 109);
(d)SPI Electricity Pty Limited
(ABN 91 164 651 118);
(e)United Energy Distribution Pty Ltd (ABN 70 064 651 029).
(2)Words and expressions used in this Division that are defined in Chapter 10 of the National Electricity Rules—
(a)have, subject to paragraph (b), the same meaning in this Division as they have under the Rules; and
(b)are to be read subject to any modifications made to those words or expressions by this Division.
(3)Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
16IApplication
(1)The National Electricity (Victoria) Law applies as a law of this jurisdiction subject to this Division.
(2)The National Electricity Rules have the force of law in this jurisdiction subject to this Division.
16JEfficiency carryover mechanism is an efficiency benefit sharing scheme
Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the definition of efficiency benefit sharing scheme in Chapter 10 of the Rules is to be read as if after "clause 6.5.8" there were inserted ", and in the case of a Distribution Network Service Provider that is a Victorian DNSP, the efficiency carryover mechanism that applied to that Victorian DNSP".
16KModification of definition of regulatory control period for purposes of this Division
Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules—
(a)the reference to a control mechanism in paragraph (b) of the definition of regulatory control period in Chapter 10 of the Rules, as it applies to a Victorian DNSP, is taken to include the efficiency carryover mechanism and service adjustment applicable to that Victorian DNSP;
(b)paragraph (b) of the definition of regulatory control period in Chapter 10 of the Rules is to be read as if after "determination" there were inserted ", and in the case of a Distribution Network Service Provider that is a Victorian DNSP, the Victorian distribution pricing determination".
16LService adjustment is a service target performance incentive scheme
Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the definition of service target performance incentive scheme in Chapter 10 of the Rules is to be read as if after "clause 6.6.2" there were inserted ", and in the case of a Distribution Network Service Provider that is a Victorian DNSP, the service adjustment that applied to that Victorian DNSP".
16MDistribution pricing proposals
(1)This section applies to a Victorian DNSP that submits a pricing proposal under rule 6.18.2(a)(2) of the National Electricity Rules for the third and each subsequent regulatory year of the applicable regulatory control period.
(2)Despite anything to the contrary in the National Electricity Rules, rule 6.18.2 of the Rules applies to the Victorian DNSP as if a reference to any applicable distribution determination in that rule were a reference to the applicable Victorian distribution determination as modified by operation of subsection (3).
(3)For the purposes of subsection (2), an applicable Victorian distribution determination is taken to include—
(a)in the case of the applicable Victorian distribution determination that is the Citipower distribution determination
2011-15—Tables 19 and 20 set out in Part A of Schedule 1 instead of Tables 19 and 20 of that determination;
(b)in the case of the applicable Victorian distribution determination that is the Jemena distribution determination 2011-15—Tables 19 and 20 set out in Part B of Schedule 1 instead of Tables 19 and 20 of that determination;
(c)in the case of the applicable Victorian distribution determination that is the Powercor distribution determination 2011‑15—Tables 19 and 20 set out in Part C of Schedule 1 instead of Tables 19 and 20 of that determination;
(d)in the case of the applicable Victorian distribution determination that is the SPI Electricity distribution determination 2011‑15—Tables 19 and 20 set out in Part D of Schedule 1 instead of Tables 19 and 20 of that determination;
(e)in the case of the applicable Victorian distribution determination that is the United Energy distribution determination 2011-15—Tables 18 and 19 set out in Part E of Schedule 1 instead of Tables 18 and 19 of that determination.
(4)To avoid doubt—
(a)the reference to the applicable Victorian distribution determination in subsections (2) and (3) is not to be read as—
(i)including any variations made to that determination that are inconsistent with the modified Rules or this Division; or
(ii)if that determination is remade, including any part of that remade determination that is inconsistent with the modified Rules or this Division; and
(b)the matters that the Victorian DNSP must set out in the pricing proposal in accordance with rule 6.18.2(b)(1) to (6) and rule 6.18.2(b)(6A) and (6B) must be consistent with subsections (2) and (3).
16NApproval of distribution pricing proposals
(1)This section applies if a Victorian DNSP submits a pricing proposal to the AER for approval under rule 6.18.8 of the National Electricity Rules that is a pricing proposal to which section 16M applies.
(2)Despite anything to the contrary in the National Electricity Rules, rule 6.18.8 of the Rules is taken to apply to the AER as if a reference to any applicable distribution determination in that rule were a reference to the applicable Victorian distribution determination modified to include the building block amounts set out in the Tables in the Part of Schedule 1 applicable to that determination (the modified distribution determination).
(3)In addition, despite anything to the contrary in the National Electricity Rules, the AER must refuse to approve the pricing proposal or a part of the pricing proposal if the proposal or part does not comply with the modified distribution determination.
(4)To avoid doubt—
(a)the reference to the applicable Victorian distribution determination in subsection (2), or the modified distribution determination in subsection (3), is not to be read as—
(i)including any variations made to that determination that are inconsistent with the modified Rules or this Division; or
(ii)if that determination is remade, including any part of that remade determination that is inconsistent with the modified Rules or this Division; and
(b)subsection (3) is not to be read as preventing the AER from approving any other part of the pricing proposal that is consistent with the modified distribution determination.
16OAER compliance with Tribunal decisions inconsistent with this Division
(1)The AER is not required to comply with those parts of—
(a)the decision of the Australian Competition Tribunal in the proceedings known as Application by United Energy Distribution Pty Limited [2012] ACompT 1 (file numbers ACT 6 of 2010, ACT 7 of 2010, ACT 8 of 2010, ACT 9 of 2010, ACT 10 of 2010); or
(b)any other decision of the Australian Competition Tribunal that relates to an applicable Victorian distribution determination—
that are inconsistent with the modified Rules or this Division.
(2)Subsection (1) applies despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules.
16PVictorian DNSPs are not required to comply with AER decisions or determinations that are inconsistent with this Division
(1)A Victorian DNSP is not required to comply with a decision or determination, or any part of a decision or determination, of the AER that is inconsistent with the modified Rules or this Division.
(2)Subsection (1) applies despite anything to the contrary in—
(a)the National Electricity (Victoria) Law; or
(b)the National Electricity Rules; or
(c)the Electricity Industry Act 2000; or
(d)a licence under the Electricity Industry Act2000 held by a Victorian DNSP.
Division 5—Distribution network connections and retail customer connection arrangements
16QApplication of certain provisions of the National Electricity (South Australia) Act 1996—distribution network connections etc.
Despite section 6—
(a)section 34(1)(a)(iv) and (aa) and (3)(fa) of the NEL applies as a law of Victoria as if it were included in the National Electricity (Victoria) Law; and
(b)section 34(3)(h)(i) of the National Electricity (Victoria) Law applies as if for "or (f)" there were substituted ", (f) or (fa)"; and
(c)Schedule 1 to the National Electricity (Victoria) Law applies as if after item 26K there were inserted—
"Sale and supply of electricity to retail customers
26MCharges for the provision of connection services.".
Note
Until the commencement of this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section is to apply some of those amendments as laws of Victoria.
16RAmendment of the National Electricity Rules
(1)The National Electricity Rules as in force as a law of Victoria are amended as set out in Schedule 2.
(2)To avoid doubt, the amendments made by Schedule 2 (other than punctuation included in those amendments) form part of the National Electricity Rules and may be amended in accordance with the National Electricity (Victoria) Law.
Note
The National Electricity Rules have the force of law in this jurisdiction: see section 9 of the National Electricity (Victoria) Law. Until the commencement of this section, amendments made to the National Electricity Rules by the National Electricity (National Energy Retail Law) Amendment Rule 2012 did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section and Schedule 2 is that some of those amendments have the force of law in Victoria.
16SFurther modification of the amended National Electricity Rules
Despite section 6, the National Electricity Rules have the force of law in Victoria as if—
(a)in clause 5A.A.1 the definition of customer connection contract were revoked; and
(b)clause 5A.C.1(c) and (d) were revoked; and
(c)the note to clause 5A.E.4(c) were revoked; and
(d)clause 5A.F.5(b)(2) were revoked; and
(e)for the definition of energy laws in Chapter 10 there were substituted—
"energy laws
Includes:
(a)legislation of Victoria that regulates electricity in Victoria, or any instrument made or issued under or for the purposes of that legislation;
(b)national electricity legislation within the meaning of the National Electricity (Victoria) Law;
(c)the Rules;
(d)any instrument made or issued under or for the purposes of the Rules."; and
(f)for the definition of energy ombudsman in Chapter 10 there were substituted—
"energy ombudsman
Is a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 28 of the Electricity Industry Act 2000 (VIC).".
16SAModification relating to negotiated connection offers
Despite sections 6 and 16R, the National Electricity Rules have the force of law in Victoria as if—
(a)after clause 5A.F.4(d) there were inserted—
"(d1)A negotiated connection offer must not be inconsistent with any condition to which a distribution licence held by the Distribution Network Service Provider is subject.";
(b)after clause 5A.F.4(e) there were inserted—
"(f)In this clause—
distribution licence means a licence to distribute or supply electricity issued under the Electricity Industry Act 2000.".
16TTransitional provisions for retail customer connection arrangements
Schedule 3 has effect.
Division 6—Wholesale electricity markets and network service providers
16UApplication of certain provisions of the National Electricity (South Australia) Act 1996—wholesale electricity markets and network service providers
Despite section 6, the modifications to the NEL set out in Schedule 4 have effect.
Note
Until the commencement of section 16Q and this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of section 16Q and this section is to apply some of those amendments as laws of Victoria.
16VRegulations
(1)The Governor in Council may make regulations prescribing the amount of electricity for the purposes of the definition of small customer set out in item 34.1 of Schedule 4.
(2)Regulations made under this section may—
(a)be of general or limited application;
(b)differ according to differences in time, place or circumstance.
Division 6A—Modification of distribution determination arrangements
Subdivision 1—Preliminary
16VA Definitions and interpretation
(1)In this Division—
2018 rate of return instrument means the first rate of return instrument made by the AER under section 18I of the National Electricity (Victoria) Law;
applicable 2016–2020 distribution determination means—
(1)The National Electricity (Victoria) Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.
(2)In this section—
relevant provision means a provision of the Rules that relates to any of the following:
(a)the application by AEMO of money in any security deposit fund;
(b)the functions of AEMO under procedures relating to defaults by retailers.".
4Electricity market activities in this jurisdiction
4.1Section 11 of the NEL applies as a law of Victoria as if—
(a)for the reference to "section 58" in the note at the foot of section 11(1) there were substituted "section 2AA(1)"; and
(b)for the reference to "section 58" in the note at the foot of section 11(2) there were substituted "section 2AA(1)"; and
(c)for the reference to "section 58" in the note at the foot of section 11(3) there were substituted "section 2AA(1)"; and
(d)for the reference to "section 58" in the note at the foot of section 11(4) there were substituted "section 2AA(1)".
5Regulated transmission system operator must comply with transmission determination
5.1Section 14A of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)".
6Regulated distribution system operator must comply with distribution determination
6.1Section 14B of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)".
7Functions and powers of AER
7.1Section 15(1)(c)(i) of the NEL applies as a law of Victoria as if for the words "relevant participants" in that paragraph there were substituted "persons".
8Manner in which AER performs AER economic regulatory functions or powers
8.1Section 16(2)(b) of the NEL applies as a law of Victoria as if after the word "economic" in that paragraph there were inserted "regulatory".
9Compliance with regulatory information notice that is served
9.1Section 28N of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—
"Note—
This section is a civil penalty provision.".
10Compliance with general regulatory information order
10.1Section 28O of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—
"Note—
This section is a civil penalty provision.".
11Section 28ZD substituted
11.1The NEL applies as a law of Victoria as if for section 28ZD there were substituted—
"28ZD—Use of information provided under a notice under section 28 or a regulatory information instrument
The AER may use information provided to it by a person in compliance with a notice under section 28 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—
(a)this Law or the Rules; or
(b)the National Gas Law or the National Gas Rules.".
12AER enforcement guidelines
12.1Section 28ZF(1) of the NEL applies as a law of Victoria as if—
(a)in paragraph (b), for the reference to "section 74." in that paragraph there were substituted "section 74; or"; and
(b)after paragraph (b) there were inserted—
"(c)accepting an enforceable undertaking under section 59A.".
13New sections 28ZH and 28ZI inserted
13.1The NEL applies as a law of Victoria as if after section 28ZG there were inserted—
"28ZH—Single documentation
(1)This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:
(a)the National Gas Law;
(b)the National Gas Rules,
for the same or a similar, related or corresponding purpose.
(2)The AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document.
Note—
See also section 68A of the National Gas Law.
28ZI—Use of information
(1)The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:
(a)the National Gas Law;
(b)the National Gas Rules.
(2)The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.
(3)This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.
Note—
See also section 68B of the National Gas Law.".
14Network agreement
14.1Section 50D(1) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—
"Note—
Subsection (1) is a civil penalty provision.".
15Augmentation
15.1Section 50F of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)".
16Compliance with market information instrument
16.1Section 53C(3) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—
"Note—
Subsection (3) is a civil penalty provision.".
16.2Section 53C(4) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—
"Note—
Subsection (4) is a civil penalty provision.".
17Disclosure required or permitted by law etc.
17.1Section 54C(2) of the NEL applies as a law of Victoria as if for paragraph (f) there were substituted—
"(f)if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end-use consumer information—the energy ombudsman;".
18Omission of section 58
18.1The NEL applies as a law of Victoria as if section 58 were omitted.
19New Division 1A of Part 6 inserted
19.1The NEL applies as a law of Victoria as if after Division 1 of Part 6 there were inserted—
"Division 1A—Enforceable undertakings
59A—Enforceable undertakings
(1)The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.
(2)A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.
(3)If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4).
(4)If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:
(a)an order directing the person to comply with that term of the undertaking;
(b)an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;
(c)an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;
(d)any other order that the Court considers appropriate.".
20Time limit within which AER may institute proceedings
20.1Section 60 of the NEL applies as a law of Victoria as if—
(a)before "A proceeding" there were inserted "(1)"; and
(b)for the words "relevant participant" in that section there were substituted "person"; and
(c)at the end of that section there were inserted—
"(2)A person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.".
21Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences
21.1Section 61(1), (2), (3) and (4) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person".
22New sections 61A and 61B inserted
22.1The NEL applies as a law of Victoria as if after section 61 there were inserted—
"61A—Proceedings for declaration that a person has breached a conduct provision
(1)The Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.
(2)If the order declares a person has breached a conduct provision, the order may include one or more of the following:
(a)an order that the person cease, within a specified period, the act, activity or practice constituting the breach;
(b)an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;
(c)an order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;
(d)an order of a kind prescribed by the Regulations.
(3)If a person has engaged, or is engaging or proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction—
(a)restraining the first mentioned person from engaging in the conduct; and
(b)if, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something.
(4)The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—
(a)if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b)if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
61B—Actions for damages by persons for breach of conduct provisions
A person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.".
23Matters for which there must be regard in determining amount of civil penalty
23.1Section 64 of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in that section) there were substituted "person".
24Conduct in breach of more than one civil penalty provision
24.1Section 67(1) and (2) of the NEL applies as
a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person".
25Section 68 substituted and new section 68A inserted
25.1The NEL applies as a law of Victoria as if for section 68 there were substituted—
"68—Persons involved in breach of civil penalty provision or conduct provision
(1)A person must not—
(a)aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or
(b)be in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.
(2)This Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.
68A—Attempt to breach civil penalty provision
A person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.".
26Civil penalties payable to the Commonwealth
26.1Section 69 of the NEL applies as a law of Victoria as if for the words "relevant participant" in that section there were substituted "person".
27Power to serve a notice
27.1Section 74(1) and (2) of the NEL applies as
a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person".
28Form of notice
28.1Section 75(i) of the NEL applies as a law of Victoria as if for the words "relevant participant" in that paragraph there were substituted "person".
29Withdrawal of notice
29.1Section 79(1) and (2) of the NEL applies as
a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person".
30Payment expiates breach of civil penalty provision
30.1Section 81 of the NEL applies as a law of Victoria as if for the words "relevant participant" in that section there were substituted "person".
31Conduct in breach of more than one civil penalty provision
31.1Section 83(1) and (2) of the NEL applies as
a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person".
32Section 86 substituted
32.1The NEL applies as a law of Victoria as if for section 86 there were substituted—
"86—Corporations also in breach if officers and employees are in breach
If an officer or employee of a corporation commits an act, which is within the scope of the actual or apparent authority of the officer or employee, that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the Regulations or the Rules, the corporation is taken to have contravened that provision.".
33AEMC may make Rules that are consequential to a Rule request
33.1Section 91B of the NEL applies as a law of Victoria as if for subsection (1) of that section there were substituted—
"(1)Despite section 91(2), the AEMC may, having regard to a request to make a Rule under section 91(1), make a Rule under this Law or the National Gas Law that is necessary or consequential, or corresponds, to the Rule.".
34Immunity in relation to failure to supply electricity
34.1Section 120 of the NEL applies as a law of Victoria as if—
(a)after subsection (2) of that section there were inserted—
"(2A)Subsection (2) does not apply in relation to an agreement between a retailer, or a regulated distribution system operator, and a person who
is a small customer."; and
(b)in subsection (4) of that section the following definitions were inserted (in the appropriate alphabetical place)—
"business customer means a customer who is not a residential customer;
business premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use;
customer means a person—
(a)to whom electricity is sold for premises by a retailer; or
(b)who proposes to purchase electricity for premises from a retailer;
residential customer means a customer who purchases electricity principally for personal, household or domestic use at premises;
small customer means a customer—
(a)who is a residential customer; or
(b)who is a business customer who consumes less than the prescribed amount of electricity at business premises;".
35Compliance with access determination
35.1Section 136 of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—
"Note—
This section is a civil penalty provision.".
36Preventing or hindering access
36.1Section 157(1) of the NEL applies as a law of Victoria as if at the foot of that subsection there were inserted—
"Note—
Subsection (1) is a civil penalty provision.".
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 24 February 2005
Legislative Council: 24 March 2005
The long title for the Bill for this Act was "to make provision for the operation of the national electricity market, to repeal the National Electricity (Victoria) Act 1997, to amend the Electricity Industry Act 2000, the Electricity Industry (Residual Provisions) Act 1993 and the Interpretation of Legislation Act 1984 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 24 February 2005
Legislative Council: 24 March 2005
Absolute majorities:
Legislative Assembly: 23 March 2005
Legislative Council: 20 April 2005
The National Electricity (Victoria) Act 2005 was assented to on 27 April 2005 and came into operation on 1 July 2005: Special Gazette (No. 120) 28 June 2005 page 2.
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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the National Electricity (Victoria) Act 2005 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law Revision Act 2007, No. 28/2007
Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 44) on 27.6.07: s. 2(1) CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
National Electricity (Victoria) Amendment Act 2007, No. 66/2007 (as amended by No. 59/2008)
Assent Date: 11.12.07 Commencement Date: S. 6 on 12.12.07: s. 2(2); ss 3–4 on 1.1.08: Government Gazette 20.12.07 p. 3118; s. 5 on 1.1.09: s. 2(3) CurrentState: All of Act in operation
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009
Assent Date: 17.6.09 Commencement Date: Ss 3, 4 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009, No. 41/2009
Assent Date: 5.8.09 Commencement Date: S. 15 on 1.11.09: Government Gazette 29.10.09 p. 2729 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
Assent Date: 14.9.10 Commencement Date: Ss 38–44 on 14.10.10: Government Gazette 14.10.10 p. 2404 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010
Assent Date: 19.10.10 Commencement Date: S. 29 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011, No. 64/2011
Assent Date: 22.11.11 Commencement Date: Ss 23, 24 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 29) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Energy Legislation Amendment Act 2012, No. 51/2012
Assent Date: 18.9.12 Commencement Date: Ss 10, 11 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, No. 11/2013
Assent Date: 13.3.13 Commencement Date: Ss 11–19 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2 CurrentState: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 33) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
National Electricity (Victoria) Amendment Act 2015, No. 46/2015
Assent Date: 22.9.15 Commencement Date: Ss 3, 4 on 1.11.15: Special Gazette (No. 317)
27.10.15 p. 1Current State: All of Act in operation
National Electricity (Victoria) Further Amendment Act 2016, No. 24/2016
Assent Date: 10.5.16 Commencement Date: Ss 3–6 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 Current State: All of Act in operation
Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017
Assent Date: 14.2.17 Commencement Date: Ss 16–18 on 1.1.18: s. 2(3) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
Assent Date: 2.7.19 Commencement Date: S. 185 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019
Assent Date: 20.8.19 Commencement Date: S. 26 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020
Assent Date: 25.2.20 Commencement Date: S. 56 on 1.1.21: s. 2(2) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
National Electricity (Victoria) Amendment Act 2020, No. 10/2020
Assent Date: 24.3.20 Commencement Date: Ss 3, 4 on 25.3.20: s. 2 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
National Energy Legislation Amendment Act 2020, No. 28/2020
Assent Date: 20.10.20 Commencement Date: S. 3 on 27.10.20: Special Gazette (No. 546) 27.10.20 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Energy Legislation Amendment (Licence Conditions) Act 2020, No. 37/2020
Assent Date: 1.12.20 Commencement Date: S. 20 on 2.12.20: s. 2 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Energy Legislation Amendment Act 2021, No. 33/2021
Assent Date: 14.9.21 Commencement Date: Ss 18, 19 on 15.9.21: s. 2(1); ss 16, 17 on 1.6.22: s. 2(3) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021
Assent Date: 19.10.21 Commencement Date: Ss 129–131 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
Energy Legislation Amendment Act 2023, No. 24/2023
Assent Date: 5.9.23 Commencement Date: Ss 3, 4 on 6.9.23: s. 2 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
National Electricity (Victoria) Amendment (VicGrid) Act 2024, No. 15/2024
Assent Date: 14.5.24 Commencement Date: Ss 4–8 on 15.5.24: s. 2(1); ss 9, 10 on 5.3.25: s. 2(3) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025, No. 38/2025
Assent Date: 16.9.25 Commencement Date: Ss 4–36(1), 37–57 on 1.11.25: Special Gazette (No. 588) 28.10.25 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
No entries at date of publication.
0
1
0