National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025 (Vic)

National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025

No. 38 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of National Electricity (Victoria) Act 2005

Division 1—Modifications to the Law—VicGrid functions and powers under the Law

4Definitions

5Heading to Part 3 amended

6Heading to Division 2 of Part 3 amended

7New Part 3A inserted

Division 2—VicGrid body corporate amendments

8Definitions

9Heading to Division 2 of Part 6 amended

10Definitions for the purposes of Part 6

11Section 52 repealed

12Section 53 amended

13Section 55 substituted

14New sections 55A to 55H inserted

15Victorian transmission plan guidelines

16Effect of Victorian transmission plan guidelines

17Preparing and publishing Victorian transmission plan

18Updating Victorian transmission plan

19Division 7 of Part 6 repealed

20Section 68 substituted

21New sections 68A and 68B inserted

Division 3—Section 16Y Order amendments

22Definitions and interpretation

23Section 16X amended

24Order modifying regulatory arrangements relating to declared transmission system augmentations and related services

25Consultation before the making of an Order

26New section 16ZHA inserted

Division 4—Land access for augmentations amendments

27Declared transmission system operator must provide access to land and premises

28Resolution of dispute arising from attempt to negotiate a lease or licence

Division 5—Excluded areas amendments

29Definitions

30Ministerial declarations

31New sections 54A and 54B inserted

Division 6—Grid impact authority and REZ scheme authority amendments

32Definitions

33New Divisions 2A to 2C of Part 5 inserted

34Definitions for the purposes of Part 6

35What is a Victorian transmission plan?

36Declaration of renewable energy zones

Division 7—Landholder payment amendments

Subdivision 1—Fees, charges and payments related amendments

37Calculation of initial payment

38New section 85A inserted

Subdivision 2—Amendments transferring functions to VicGrid

39Definitions

40Determination of eligibility

41Initial payment

42Subsequent payments

43Guidelines

44Transmission company notification requirements

45Waiver of entitlement to payment

46Transfer of interest in land subject to relevant transmission interest

47Overpayments

48Administration agreements

49Review of decisions

Division 8—Funds and review

50New Parts 8 and 9 inserted

Division 9—Other amendments

51New Division 1A of Part 5 inserted

52Heading to Division 2 of Part 5 amended

53Heading to section 32 amended

54Regulations

55Definitions for the purposes of Part 3

56AEMO and service providers to have regard to Victorian transmission plan

Division 10—Transitional and transfer arrangements

57New Parts 10 and 11 inserted

Part 3—Amendment of Electricity Industry Act 2000

Division 1—VicGrid related amendments

58Definitions

59Exemption from prohibition to hold licence

60Definitions for the purposes of Part 5

Division 2—General amendments to Part 5

61New Division and Subdivision headings inserted

62New section 86A inserted

Division 3—Land access amendments

62ADefinitions

63New section 92A inserted

64Powers as to works etc.

65New Subdivisions 3 to 6 of Division 3 of Part 5 inserted

Division 4—CEO VicGrid temporary works powers

66Definitions

67New section 85A inserted

68Powers as to works etc.

69Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

70Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock

Division 5—Ending of CEO VicGrid temporary works powers

71Definitions

72Section 85A repealed

73Powers as to works etc.

74Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

75Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock

75AMagistrates' Court may make entry order

Part 4—Amendment of Electricity Industry (Residual Provisions) Act 1993

76Section 43 repealed

Part 5—Repeal of this Act

77Repeal of this Act

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Endnotes

1     General information

National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025

No. 38 of 2025

[Assented to 16 September 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the National Electricity (Victoria) Act 2005—

(i)to make further provision in relation to the operation and governance of the statutory body corporate VicGrid; and

Note

VicGrid is a State body established under the State Owned Enterprises Act 1992.

(ii)to transfer the functions and powers of the CEO VicGrid under that Act to the statutory body corporate VicGrid; and

(iii)to modify the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations, as they apply as laws of Victoria, and the National Electricity Rules, as they have the force of law in Victoria, so that the statutory body corporate VicGrid is conferred the Victorian declared network functions under that Law, those Regulations and those Rules; and

(iv)to transfer certain functions of AEMO under Orders in Council under that Act to the statutory body corporate VicGrid; and

(v)to provide for the issue of grid impact authorities or REZ scheme authorities by the statutory body corporate VicGrid to certain persons wishing to establish connections to the Victorian declared transmission system for generating systems and integrated resource systems or wishing to make changes to existing facilities connected to the Victorian declared transmission system; and

(vi)to provide for VicGrid to establish and maintain the REZ Community Fund and the Traditional Owners Fund under which support and benefits will be provided to Victorian communities and traditional owners; and

(vii)to provide for reviews into the operation of Part 7 of that Act, the REZ Community Fund, the Traditional Owners Fund and related guidelines (the community benefits framework); and

(viii)to transfer certain property, rights and liabilities of the State relating to the CEO VicGrid functions and powers to the statutory body corporate VicGrid; and

(ix)to transfer certain property, rights and liabilities of the Australian Energy Market Operator relating to its Victorian declared network functions to the statutory body corporate VicGrid; and

(b)to amend the Electricity Industry Act 2000—

(i)to exempt the statutory body corporate VicGrid from the requirement to hold a licence under that Act to transmit electricity; and

(ii)to provide for the acquisition of easements in gross by electricity corporations; and

(iii)to provide additional powers for certain persons to enter land to facilitate the exercise of certain powers under that Act; and

(c)to amend the Electricity Industry (Residual Provisions) Act 1993 to repeal a provision relating to the acquisition of easements in gross by electricity corporations.

2Commencement

(1)This Part, and Divisions 2, 3 and 4 of Part 3, come into operation on the day after the day on which this Act receives the Royal Assent.

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

(3)If a provision referred to in subsection (2) does not come into operation before 1 June 2026, it comes into operation on that day.

3Principal Act

In this Act, the National Electricity (Victoria) Act 2005 is called the Principal Act.

PART 2—AMENDMENT OF NATIONAL ELECTRICITY (VICTORIA) ACT 2005

Division 1—Modifications to the Law—VicGrid functions and powers under the Law

4Definitions

In section 3(1) of the Principal Act—

(a)in the definition of National Electricity (Victoria) Law, after "applying" insert ", subject to this Act and the regulations,";

(b)in the definition of National Electricity (Victoria) Regulations, after "applying" insert ", subject to this Act and the regulations,";

(c)insert the following definition—

"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;".

5Heading to Part 3 amended

In the heading to Part 3 of the Principal Act, for "Modification" substitute "General modification".

6Heading to Division 2 of Part 3 amended

In the heading to Division 2 of Part 3 of the Principal Act, for "General" substitute "Initial general".

7New Part 3A inserted

After Part 3 of the Principal Act insert—

'PART 3A—MODIFICATION OF APPLICATION OF THE NATIONAL ELECTRICITY (VICTORIA) LAW—VICGRID

Division 1—Preliminary

16ZNApplication

Without limiting section 6, the National Electricity (Victoria) Law applies as a law of Victoria subject to this Part.

Division 2—Modifications conferring VicGrid functions and powers under the Law

16ZONEL definitions

(1)Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in the definition of adoptive jurisdiction, in paragraph (b), for "AEMO" there were substituted "VicGrid"; and

(b)in the definition of AER economic regulatory function or power, in paragraph (a)(ii), for "AEMO" there were substituted "VicGrid"; and

(c)in the definition of declared network functions, for "AEMO's" there were substituted "VicGrid's".

(2)Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of jurisdictional system security coordinator there were inserted the following definition—

"landholder payment function, in relation to VicGrid, means a function or power conferred on VicGrid under Part 7 of the National Electricity (Victoria) Act 2005 of Victoria;".

(3)Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of revenue and pricing principles there were inserted the following definition—

"REZ planning function, in relation to VicGrid, has the meaning given by section 51 of the National Electricity (Victoria) Act 2005 of Victoria;".

(4)Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if for the definition of statutory functions there were substituted—

"statutory functions—

(a)in relation to AEMO, means functions or powers conferred under—

(i)this Law or the Rules; or

(ii)the National Gas Law, the National Gas Rules, or related subordinate legislation; and

(b)in relation to VicGrid, means functions or powers conferred under this Law or the Rules;".

(5)Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of VENCorp there were inserted the following definition—

"VicGrid has the same meaning as in section 3(1) of the National Electricity (Victoria) Act 2005 of Victoria;".

16ZPDeclared network functions

(1)The heading to Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)for "Role" there were substituted "Roles"; and

(b)after "AEMO" there were inserted "and VicGrid".

(2)Section 49(1)(g) of the National Electricity (Victoria) Law applies as a law of Victoria as if "or declared network functions (as the case requires)" were omitted.

(3)Division 1 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if after section 49 there were inserted—

"49AA  AEMO to have qualified exemption for performing statutory functions

(1)For performing statutory functions, AEMO—

(a)is not required to be registered as a Registered participant; and

(b)is not subject to the provisions of the Rules applicable to network service providers.

(2)However—

(a)a Rule applicable to a Registered participant or a network service provider extends (with or without modification) to AEMO if provision is made for its application (or modified application) to AEMO by the Rules; and

(b)provision may be made for extending the application of such a Rule to AEMO even though AEMO does not own, control or operate a declared shared network.".

(4)Division 2 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in the heading to Division 2, after "AEMO's" there were inserted "and VicGrid's"; and

(b)in the heading to Subdivision 3 and the heading to section 50C, for "AEMO's" there were substituted "VicGrid's"; and

(c)in section 50C(1), for "AEMO's declared network functions are as follows" there were substituted "The following functions are conferred on VicGrid"; and

(d)after section 50C(1)(d) there were inserted—

"(da)to carry out early works (within the meaning of the Rules), including the procurement of such works, for the purposes of augmentations of the declared shared network that will be procured by VicGrid;

(db)to disclose information held by VicGrid to other persons or bodies in accordance with this Law, the Rules and the Regulations;

(dc)REZ planning functions;

(dd)landholder payment functions;"; and

(e)after section 50C(2) there were inserted—

"(3)VicGrid must, in carrying out functions referred to in subsection (1) (other than paragraphs (da), (db), (dc) and (dd) of that subsection), have regard to the national electricity objective."; and

(f)in section 50D(1), for "AEMO" there were substituted "VicGrid"; and

(g)in section 50D(1)(a), for "AEMO's" there were substituted "VicGrid's"; and

(h)in section 50D(2), for "AEMO" (where twice occurring) there were substituted "VicGrid"; and

(i)in the exception at the foot of section 50D(4), for "AEMO's" there were substituted "VicGrid's"; and

(j)in section 50E(1)(a) and (3), for "AEMO" there were substituted "VicGrid"; and

(k)in section 50F(1)(a) and (b), (2), (3) and (4)(b), for "AEMO" there were substituted "VicGrid"; and

(l)in section 50F(4)(b), for "AEMO's" there were substituted "VicGrid's"; and

(m)in the heading to section 50G, for "AEMO" there were substituted "VicGrid"; and

(n)in section 50G(1), for "AEMO" there were substituted "VicGrid"; and

(o)in section 50G(2)(a) and (b), for "AEMO" (where twice occurring) there were substituted "VicGrid"; and

(p)in section 50H(1) and (4)(b), for "AEMO" there were substituted "VicGrid"; and

(q)in section 50H(6), for "AEMO's" there were substituted "VicGrid's"; and

(r)in section 50J(1), for "AEMO's" there were substituted "VicGrid's"; and

(s)in section 50J(2) and (3), for "AEMO" there were substituted "VicGrid".

16ZQFees and charges

Section 52 of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in the heading to section 52, after "AEMO" there were inserted "and VicGrid";

(b)in subsection (1), after "AEMO" there were inserted "or VicGrid";

(c)in the note at the foot of subsection (3), after "AEMO" there were inserted "or VicGrid";

(d)in subsection (4) and the note at the foot of that subsection, after "AEMO's" there were inserted "or VicGrid's";

(e)in subsection (5), after "AEMO's" there were inserted "or VicGrid's".

16ZRInformation gathering

Division 5 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in section 53(1), (3) and (4)(a)(i), after "AEMO" there were inserted "or VicGrid"; and

(b)for section 53(2) there were substituted—

"(2)A relevant function is—

(a)for AEMO—

(i)an NTP function; or

(ii)an additional advisory function; or

(iii)any other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument;

(b)for VicGrid—

(i)a declared network function (other than the function conferred under section 50C(1)(db)); or

(ii)a function for which this Law authorises VicGrid to gather information by means of a market information instrument."; and

(c)in section 53A(1), after "AEMO" there were inserted "or VicGrid"; and

(d)in section 53A(2), after "AEMO's" there were inserted "or VicGrid's"; and

(e)in section 53B(1) and (2)(a), after "AEMO" (where twice occurring) there were inserted "or VicGrid"; and

(f)in section 53B(3), after "AEMO" there were inserted "or VicGrid"; and

(g)in section 53C(1)(a), after "AEMO's" there were inserted "or VicGrid's"; and

(h)in section 53C(2)—

(i)after "AEMO" there were inserted "or VicGrid";

(ii)after "order" there were inserted "that they have issued"; and

(i)in section 53D—

(i)after "AEMO" there were inserted "or VicGrid"; and

(ii)for "its" there were substituted "their".

16ZSProtected information

Division 6 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in the heading to Subdivision 1, after "AEMO's" there were inserted "and VicGrid's"; and

(b)after section 54(1) there were inserted—

"(1a)VicGrid must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information (protected information)—

(a)given to it in confidence; or

(b)given to it in connection with the performance of its declared network functions."; and

(c)in section 54(2), (3) and (4), after "AEMO" there were inserted "or VicGrid"; and

(d)in the note at the foot of section 54(2), after "AEMO" there were inserted "or VicGrid"; and

(e)in the heading to Subdivision 2, after "AEMO" there were inserted "or VicGrid"; and

(f)in section 54A(1) and (2), after "AEMO" there were inserted "or VicGrid"; and

(g)in section 54B, after "AEMO" there were inserted "or VicGrid"; and

(h)in section 54C(2), after "information" there were inserted "by AEMO"; and

(i)after section 54C(2)(ed) there were inserted—

"(ee)VicGrid;" and

(j)after section 54C(2) there were inserted—

"(2a)The disclosure of protected information by VicGrid to any of the following is authorised:

(a)the Australian Competition and Consumer Commission;

(b)the Australian Energy Regulator;

(c)the Australian Energy Market Commission;

(d)AEMO;

(e)the Energy Security Board;

(f)a jurisdictional regulator;

(g)the Australian Bureau of Statistics;

(h)the Clean Energy Regulator;

(i)each department responsible for the administration of the application Act of a participating jurisdiction;

(j)the Minister of a participating jurisdiction;

(k)the energy ombudsman;

(l)a prescribed body;

(m)a person or body who—

(i)satisfies any requirements or criteria prescribed for the purposes of this paragraph; or

(ii)is a member of a class of persons or bodies prescribed for the purposes of this paragraph;

(n)any staff or consultant assisting a body mentioned above in performing its functions or exercising its powers."; and

(k)after section 54C(5) there were inserted—

"(5a)Subject to any conditions imposed under subsection (5b), a person or body to whom protected information is disclosed under subsection (2a) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.

(5b)VicGrid may impose conditions to be complied with in relation to protected information disclosed under subsection (2a).

(5c)Subject to any conditions imposed under subsection (5b), the disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, a body mentioned in subsection (2b) is authorised."; and

(l)in section 54CA(1), (3), (4) and (7)(a), after "AEMO" there were inserted "or VicGrid"; and

(m)in the heading to section 54CB, after "AEMO" there were inserted "or VicGrid"; and

(n)in section 54CB, after "AEMO" there were inserted "or VicGrid"; and

(o)in section 54D, after "AEMO" there were inserted "or VicGrid"; and

(p)in section 54E(1) and (2), after "AEMO" there were inserted "or VicGrid"; and

(q)in section 54F, after "AEMO" there were inserted "or VicGrid"; and

(r)in section 54FA—

(i)after "AEMO" there were inserted "or VicGrid"; and

(ii)after "Rules" there were inserted ", or the National Electricity (Victoria) Act 2005 of Victoria or regulations or an Order in Council made under that Act,"; and

(s)after section 54G(2) there were inserted—

"(2a)VicGrid is authorised to disclose protected information if—

(a)the disclosure is necessary for—

(i)the safety, reliability or security of the supply of electricity; or

(ii)the safety, reliability or security of the national electricity system; or

(b)the disclosure is necessary for the proper operation of the national electricity market; or

(c)the information is in the public domain.

(2b)VicGrid may impose conditions to be complied with in relation to information disclosed under subsection (2a)(a) or (b)."; and

(t)in section 54H(1), after "AEMO" (where twice occurring) there were inserted "or VicGrid"; and

(u)in section 54H(2), (3) and (6), after "AEMO" (wherever occurring) there were inserted "or VicGrid"; and

(v)in section 54H(2)(b), (3)(b) and (6)(b), after "AEMO's" there were inserted "or VicGrid's"; and

(w)in section 54H(4) and (7), after "AEMO" there were inserted "or VicGrid"; and

(x)in section 54H(7a), after "AEMO's" (wherever occurring) there were inserted "or VicGrid's".

Division 3—Other modifications related to conferral of VicGrid functions and powers under the Law

16ZTMeaning of civil penalty provision and conduct provision

Section 2AA(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in paragraph (c), for "provision." there were substituted "provision; or"; and

(b)after paragraph (c) there were inserted—

"(d)a provision of the National Electricity (Victoria) Act 2005 of Victoria or the National Electricity Rules or a condition to which a grid impact authority or REZ scheme authority is subject that is prescribed by regulations made under the National Electricity (Victoria) Act 2005 of Victoria.".

16ZUCivil penalty amounts for breaches of civil penalty provisions

Section 2AB(1)(b) of the National Electricity (Victoria) Law applies as a law of Victoria as if after "Regulations" there were inserted ", or a breach of a civil penalty provision mentioned in section 2AA(1)(d) and prescribed by regulations made under the National Electricity (Victoria) Act 2005 of Victoria,".

16ZVFunctions and powers of AER under the Law

(1)Section 15(1)(a) of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in subparagraph (iii), for "the Regulations or a transmission determination" there were substituted "or the Regulations"; and

(b)after subparagraph (iii) there were inserted—

"(iv)VicGrid with this Law, the Rules, the Regulations or a transmission determination; and".

(2)Section 15(3) of the National Electricity (Victoria) Law applies as a law of Victoria as if after "AEMO" (wherever occurring) there were inserted "or VicGrid".

16ZWManner in which AER performs AER economic regulatory functions or powers

Section 16(1)(b) of the National Electricity (Victoria) Law applies as a law of Victoria as if after subparagraph (iii) there were inserted—

"(iiia)if VicGrid is affected by the determination—VicGrid; and".

16ZXApplications for judicial review

Section 70(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if in paragraphs (a), (b) and (c), for "or AEMO" there were substituted ", AEMO or VicGrid".

16ZYDefinitions for the purposes of Division 3A of Part 6

Section 71A of the National Electricity (Victoria) Law applies as a law of Victoria as if in the definition of information disclosure decision—

(a)in paragraph (b), after "section 54H;" there were inserted "or"; and

(b)after paragraph (b) there were inserted—

"(c)a decision to disclose information made by VicGrid under section 54H other than a decision to disclose information given to VicGrid in connection with the performance of—

(i)a REZ planning function; or

(ii)a landholder payment function;".

16ZZDetermination in the review

Section 71U(2)(b) and (c), (3) and (4) of the National Electricity (Victoria) Law apply as a law of Victoria as if for "or AEMO" there were substituted ", AEMO or VicGrid".

16ZZAAssistance from AER, AEMO or VicGrid

Section 71W of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in the heading to section 71W, for "or AEMO" there were substituted ", AEMO or VicGrid"; and

(b)for "or AEMO" there were substituted ", AEMO or VicGrid".

16ZZBObligations under Rules to make payments

Section 72 of the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in subsection (1)(a), after "AEMO" there were inserted ", VicGrid"; and

(b)in subsection (1)(b)—

(i)after "AEMO" there were inserted "or VicGrid"; and

(ii)for "participant," there were substituted "participant; or"; and

(c)after subsection (1)(b) there were inserted—

"(c)AEMO is required to pay an amount to VicGrid; or

(d)VicGrid is required to pay an amount to AEMO,"; and

(d)in subsection (1), for ", or AEMO (as the case requires)," there were substituted ", AEMO or VicGrid (as the case requires)"; and

(e)in subsection (2)—

(i)after "AEMO" (where first occurring) there were inserted ", VicGrid"; and

(ii)after "AEMO" (where secondly occurring) there were inserted "or VicGrid"; and

(iii)after "participant," there were inserted "or one another,"; and

(f)in subsection (2)(a), after "AEMO" there were inserted "or VicGrid"; and

(g)in subsection (2)(b), for ", or AEMO (as the case requires)," there were substituted ", AEMO or VicGrid (as the case requires)"; and

(h)in subsection (3), after "AEMO" there were inserted "or VicGrid"; and

(i)in subsection (4), in the definition of civil claim Rule dispute—

(i)after "AEMO" there were inserted "or VicGrid"; and

(ii)after "person," there were inserted "or between AEMO and VicGrid,".

16ZZCDefinitions for the purposes of Part 7

Section 87 of the National Electricity (Victoria) Law applies as a law of Victoria as if in the definition of electricity market regulatory body, after paragraph (b) there were inserted—

"(ba)VicGrid;".

16ZZDImmunity in relation to failure to supply electricity

Section 120 of the National Electricity (Victoria) Law applies as a law of Victoria as if after subsection (3) there were inserted—

"(3a)A reference in subsection (3)(a) to a function of AEMO under this Law does not include a reference to a function referred to in section 68(1) of the National Electricity (Victoria) Act 2005 of Victoria.

Note

AEMO functions under section 68(1) of the National Electricity (Victoria) Act 2005 of Victoria are functions conferred on AEMO for the purposes of section 49(1) of the Law—see section 49(1)(h) of the Law.".

16ZZESchedule 2—Miscellaneous provisions relating to interpretation

(1)The heading to clause 31AF of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if after "AEMO" there were inserted "and VicGrid".

(2)Clause 31AF(1) of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if—

(a)in paragraph (a), after "AEMO" there were inserted "or VicGrid"; and

(b)in paragraph (c), after "AEMO's" there were inserted "or VicGrid's".

(3)Clause 31AF of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if for subclause (2) there were substituted—

"(2)For this clause, an authorised officer is—

(a)AEMO's CEO or a person authorised by AEMO's CEO to issue certificates under this clause; or

(b)VicGrid's CEO or a person authorised by VicGrid's CEO to issue certificates under this clause.".'.

Division 2—VicGrid body corporate amendments

8Definitions

(1)In section 3(1) of the Principal Act, the definition of CEO VicGrid is repealed.

(2)In section 3(1) of the Principal Act insert the following definitions—

"Distribution Network Service Provider has the meaning given by Chapter 10 of the National Electricity Rules;

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;".

9Heading to Division 2 of Part 6 amended

In the heading to Division 2 of Part 6 of the Principal Act, for "CEO VicGrid" substitute "VicGrid".

10Definitions for the purposes of Part 6

In section 51 of the Principal Act, the definition of VicGrid fees and charges is repealed.

11Section 52 repealed

Section 52 of the Principal Act is repealed.

12Section 53 amended

(1)In the heading to section 53 of the Principal Act, for "CEO VicGrid" substitute "VicGrid".

(2)In section 53(1) of the Principal Act, for "the CEO VicGrid" (wherever occurring) substitute "VicGrid".

(3)After section 53(1) of the Principal Act insert—

"(1A)In addition, VicGrid has the functions and powers conferred on it under the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and the National Electricity Rules.

(1B)VicGrid has the power to do all things necessary or convenient for or in connection with a function or power referred to in subsection (1A).".

(4)In section 53(2) of the Principal Act, for "the CEO VicGrid" (where twice occurring) substitute "VicGrid".

(5)Section 53(2)(a)(ii) of the Principal Act is repealed.

(6)At the foot of section 53 of the Principal Act insert—

"Note

Section 20 of the State Owned Enterprises Act 1992 gives VicGrid power in relation to its functions.".

13Section 55 substituted

For section 55 of the Principal Act substitute—

"55   Delegation

(1)Section 22 of the State Owned Enterprises Act 1992 does not apply to VicGrid.

(2)Subject to subsection (3), VicGrid may, by instrument, delegate any of its powers or functions to—

(a)a director of VicGrid; or

(b)an officer of VicGrid; or

(c)an employee of VicGrid; or

(d)a member of a committee established by VicGrid.

(3)VicGrid must not delegate a power or function prescribed for the purposes of this subsection.

(4)A person to whom VicGrid delegates a power or function may, subject to a direction given by VicGrid under subsection (5),

sub-delegate that power or function to another person referred to in subsection (2)(a), (b), (c) or (d).

(5)VicGrid may give a person to whom it delegates a power or function a direction in relation to the exercise or sub-delegation of that power or function under subsection (4).

(6)VicGrid may give a person to whom a power or function is sub-delegated a direction in relation to the exercise of the power or the performance of the function.

(7)A person to whom a power or function is delegated or sub-delegated must comply with a direction given by VicGrid under subsection (5) or (6).

(8)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a

sub-delegation under subsection (4) in the same way as they apply to a delegation under subsection (2).

(9)This section has effect despite anything to the contrary in section 5 of the State Owned Enterprises Act 1992.".

14New sections 55A to 55H inserted

After section 55 of the Principal Act insert—

"55A   Reports to Treasurer

(1)A requirement under section 53 of the State Owned Enterprises Act 1992 does not require the board of VicGrid to give protected information to the Treasurer.

(2)Subsection (1) has effect despite anything to the contrary in section 5 of the State Owned Enterprises Act 1992.

(3)However, if—

(a)but for subsection (1), a requirement under section 53 of the State Owned Enterprises Act 1992 would require the board of VicGrid to give protected information to the Treasurer; and

(b)the National Electricity (Victoria) Law authorises the board of VicGrid to give that information to the Treasurer—

the board of VicGrid may give that information to the Treasurer in response to the requirement, but is not required to do so.

(4)In this section—

protected information has the same meaning as in the National Electricity (Victoria) Law.

55BHalf-yearly reports—reports and statements

(1)Section 55(1) of the State Owned Enterprises Act 1992 does not require the board of VicGrid to include protected information in—

(a)a report under that provision; or

(b)prescribed financial statements referred to in that provision.

(2)Subsection (1) has effect despite anything to the contrary in section 5 of the State Owned Enterprises Act 1992.

(3)However, if—

(a)but for subsection (1), section 55(1) of the State Owned Enterprises Act 1992 would require the board of VicGrid to include protected information in a report or statement referred to in subsection (1); and

(b)the National Electricity (Victoria) Law authorises the board of VicGrid to include that information in that report or statement—

the board of VicGrid may include that information in the report or statement, but is not required to do so.

(4)In this section—

protected information has the same meaning as in the National Electricity (Victoria) Law.

55CHalf-yearly reports—inclusion of required information

(1)A requirement under section 55(2) of the State Owned Enterprises Act 1992 does not require the board of VicGrid to include protected information in a report referred to in that provision.

(2)Subsection (1) has effect despite anything to the contrary in section 5 of the State Owned Enterprises Act 1992.

(3)However, if—

(a)but for subsection (1), a requirement under section 55(2) of the State Owned Enterprises Act 1992 would require the board of VicGrid to include protected information in a report referred to in subsection (1); and

(b)the National Electricity (Victoria) Law authorises the board of VicGrid to include that information in that report—

the board of VicGrid may include that information in the report in response to the requirement, but is not required to do so.

(4)In this section—

protected information has the same meaning as in the National Electricity (Victoria) Law.

55DStatus of VicGrid

(1)Section 70 of the State Owned Enterprises Act 1992 applies to VicGrid as if it were a State owned company within the meaning of that Act.

(2)This section has effect despite anything to the contrary in section 5 of the State Owned Enterprises Act 1992.

55EImmunity—general

(1)VicGrid or an officer or employee of VicGrid does not incur any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a function or power of VicGrid under this Act, the National Electricity (Victoria) Law or the National Electricity Rules unless the act or omission is done or made in bad faith or through negligence.

(2)The civil monetary liability for an act or omission referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.

(3)VicGrid may enter into an agreement with a person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.

(4)This section does not apply to any liability of an officer or employee of VicGrid to VicGrid.

55FImmunity—failure to supply electricity

(1)VicGrid or an officer or employee of VicGrid does not incur any civil monetary liability for any partial or total failure to supply electricity unless the failure is due to an act or omission done or made by VicGrid or the officer or employee in bad faith or through negligence.

(2)VicGrid may enter into an agreement with a person varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.

(3)Subsection (2) does not apply in relation to an agreement between VicGrid and a person who is a small customer within the meaning of the National Energy Retail Law (Victoria).

(4)This section does not apply—

(a)to VicGrid or an officer or employee of VicGrid in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a function or power of VicGrid under this Act, the National Electricity (Victoria) Law or the National Electricity Rules; or

(b)to any liability of an officer or employee of VicGrid to VicGrid.

55GImmunity—use of computer software

(1)VicGrid or an officer, employee or agent of VicGrid does not incur any civil monetary liability for loss or damage suffered by a Registered participant or other person in consequence of the use of computer software to operate the national electricity market.

(2)In this section—

Registered participant has the same meaning as it has in the National Electricity (Victoria) Law.

55HExemption from Freedom of Information Act 1982

(1)A document which contains—

(a)protected information within the meaning of the National Electricity (Victoria) Law; or

(b)information acquired in the course of, or otherwise in connection with, VicGrid's performance of its declared network functions or its REZ planning functions—

is an exempt document within the meaning of the Freedom of Information Act 1982.

(2)Subsection (1) does not limit the operation of section 38 of the Freedom of Information Act 1982.".

15Victorian transmission plan guidelines

(1)In section 57(1) of the Principal Act—

(a)for "The CEO VicGrid" substitute "VicGrid";

(b)in paragraph (c), for "the CEO VicGrid" substitute "VicGrid".

(2)In section 57(2) of the Principal Act—

(a)for "The CEO VicGrid" substitute "VicGrid";

(b)in paragraph (b), for "the CEO VicGrid" substitute "VicGrid".

(3)In section 57(3) of the Principal Act, for "the CEO VicGrid" (where twice occurring) substitute "VicGrid".

(4)In section 57(4) of the Principal Act, for "the CEO VicGrid" substitute "VicGrid".

(5)In section 57(5)(a)(ii) of the Principal Act, for "the CEO VicGrid" substitute "VicGrid".

(6)In section 57(6) of the Principal Act—

(a)for "The CEO VicGrid" substitute "VicGrid";

(b)for "the CEO VicGrid" substitute "VicGrid".

16Effect of Victorian transmission plan guidelines

(1)In section 58(1) of the Principal Act—

(a)for "The CEO VicGrid" substitute "VicGrid";

(b)for "the CEO VicGrid's" substitute "VicGrid's";

(c)for "the CEO VicGrid" substitute "VicGrid".

(2)In section 58(2) of the Principal Act, for "the CEO VicGrid" (wherever occurring) substitute "VicGrid".

17Preparing and publishing Victorian transmission plan

(1)In section 60(1) of the Principal Act, for "The CEO VicGrid" substitute "VicGrid".

(2)In section 60(2) of the Principal Act, for "the CEO VicGrid" (where twice occurring) substitute "VicGrid".

(3)In section 60(3) of the Principal Act—

(a)for "The CEO VicGrid" substitute "VicGrid";

(b)for "the CEO VicGrid" substitute "VicGrid".

18Updating Victorian transmission plan

In section 61(1) and (3) of the Principal Act—

(a)for "The CEO VicGrid" substitute "VicGrid";

(b)for "the CEO VicGrid" substitute "VicGrid".

19Division 7 of Part 6 repealed

Division 7 of Part 6 of the Principal Act is repealed.

20Section 68 substituted

For section 68 of the Principal Act substitute—

"68   Agreements for AEMO to assist VicGrid

(1)AEMO has the function of providing services and other support to VicGrid to assist VicGrid in relation to the performance of a function or exercise of a power by VicGrid under—

(a)this Act; or

(b)the National Electricity (Victoria) Law; or

(c)the National Electricity (Victoria) Regulations; or

(d)the National Electricity Rules.

Note

See section 49(1)(h) of the National Electricity (Victoria) Law.

(2)AEMO and VicGrid may enter into an agreement, arrangement or understanding under which AEMO provides a service or other support referred to in subsection (1).

(3)Nothing in this section requires AEMO to provide a service or another support to VicGrid if AEMO and VicGrid have not entered into an agreement, arrangement or understanding for the provision of that service or support.".

21New sections 68A and 68B inserted

After section 68 of the Principal Act insert—

"68A Competition and Consumer Act and Competition Code

(1)For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act—

(a)the entering into an agreement by specified persons under which they disclose confidential information to one another for the purposes of being issued a specified authority or complying with conditions to which a specified authority is subject;

(b)the entering into an agreement by VicGrid and a grid impact authority holder or a REZ scheme authority holder under which the operation of a facility connected to the declared transmission system is restricted;

(c)the amendment of an agreement referred to in paragraph (a) or (b);

(d)the giving effect to an agreement referred to in paragraph (a) or (b);

(e)the conduct by VicGrid of a process (including a process under which expressions of interest are invited or a competitive tender process) for the purposes of issuing a REZ scheme authority;

(f)the carrying out of early works (within the meaning of the Rules) by VicGrid, including the procurement by VicGrid of such works, for the purposes of augmentations of the declared shared network that will be procured by VicGrid;

(g)the procurement of augmentations of the declared transmission system by VicGrid.

(2)In this section—

agreement includes a contract, arrangement or understanding;

giving effect to, in relation to an agreement, includes—

(a)complying with any obligation under the agreement; and

(b)exercising or enforcing any right or power under the agreement;

specified authority, in relation to a specified person, means—

(a)if the specified person is a grid impact authority applicant, the grid impact authority that may be issued to them under section 33B or 33E; or

(b)if the specified person is a grid impact authority holder, the grid impact authority that they hold; or

(c)if the specified person is a REZ scheme authority applicant, the REZ scheme authority that may be issued to them under section 33L or 33P; or

(d)if the specified person is a REZ scheme authority holder—a REZ scheme authority that they hold;

specified person means a grid impact authority applicant, a grid impact authority holder, a REZ scheme authority applicant or a REZ scheme authority holder.

68BProviding false or misleading information

A person must not, in purported compliance with a market information instrument, provide information to VicGrid that the person knows is false or misleading in a material particular.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 240 penalty units.".

Division 3—Section 16Y Order amendments

22Definitions and interpretation

In section 16W(1) of the Principal Act, in the definition of non-network services, for "AEMO" substitute "VicGrid".

23Section 16X amended

(1)In the heading to section 16X of the Principal Act, for "AEMO" substitute "VicGrid".

(2)In section 16X(1) of the Principal Act, for "AEMO" substitute "VicGrid".

(3)The note at the foot of section 16X(1) of the Principal Act is repealed.

(4)In section 16X(2) of the Principal Act—

(a)in paragraph (a), for "AEMO" substitute "VicGrid";

(b)the note at the foot of paragraph (a) is repealed;

(c)in paragraph (b), for "section 16Y (other than a function referred to in paragraph (a))," substitute "section 16Y,".

24Order modifying regulatory arrangements relating to declared transmission system augmentations and related services

(1)In section 16Y(2)(h) of the Principal Act—

(a)for "by AEMO" substitute "by VicGrid";

(b)in subparagraph (iii), for "AEMO" substitute "VicGrid".

(2)In section 16Y(2)(i) of the Principal Act, for "AEMO" substitute "VicGrid".

(3)In section 16Y(2)(j) of the Principal Act, for "AEMO" substitute "VicGrid".

(4)In section 16Y(2)(ja) of the Principal Act—

(a)for "the CEO VicGrid" substitute "AEMO";

(b)for "AEMO" substitute "VicGrid";

(c)for "AEMO's" substitute "VicGrid's".

(5)In section 16Y(2)(l) of the Principal Act, for "AEMO" substitute "VicGrid".

(6)In section 16Y(2)(m) of the Principal Act, for "AEMO" substitute "VicGrid".

(7)In section 16Y(2)(n) of the Principal Act, for "AEMO" substitute "VicGrid".

(8)In section 16Y(5)(c) of the Principal Act, for "AEMO" substitute "VicGrid".

(9)In section 16Y(6) of the Principal Act—

(a)in paragraph (a)—

(i)for "AEMO" (where twice occurring) substitute "VicGrid";

(ii)for "the CEO VicGrid" substitute "AEMO";

(b)in paragraph (b), for "the CEO VicGrid" substitute "AEMO".

25Consultation before the making of an Order

For section 16ZA(1)(c) of the Principal Act substitute—

"(c)VicGrid; and

(d)if the Order imposes a duty on AEMO, AEMO.".

26New section 16ZHA inserted

After section 16ZH of the Principal Act insert—

"16ZHA   Special Orders relating to National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025

(1)The Minister, by Order published in the Government Gazette, may amend an Order under section 16Y to give effect to the amendments made by the National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025 in relation to the functions of AEMO or VicGrid.

(2)Any provision of this Act that applies in relation to an Order under section 16Y applies in the same way in relation to an Order—

(a)that has been made under section 16Y; and

(b)that has been amended by an Order under this section.

(3)However, the Minister is not required—

(a)to have regard to the matters referred to in section 16Z(1) when making an Order under this section; or

(b)to consult with the Premier, the Treasurer, AEMO or VicGrid before making an Order under this section; or

(c)to publish the Minister's reasons for making an Order under this section.

(4)An Order under this section is not a legislative instrument for the purposes of the Subordinate Legislation Act 1994.".

Division 4—Land access for augmentations amendments

27Declared transmission system operator must provide access to land and premises

In section 44(2) of the Principal Act, for "AEMO" (wherever occurring) substitute "VicGrid".

28Resolution of dispute arising from attempt to negotiate a lease or licence

In section 45(7)(b) of the Principal Act, for "AEMO" substitute "VicGrid".

Division 5—Excluded areas amendments

29Definitions

(1)In section 51 of the Principal Act, for the definition of excluded area substitute—

"excluded area means an area declared in an excluded area Order;".

(2)In section 51 of the Principal Act insert the following definition—

"excluded area Order means a declaration under section 54A;".

30Ministerial declarations

In section 54 of the Principal Act—

(a)in paragraph (c), for "network; and" substitute "network.";

(b)paragraph (d) is repealed.

31New sections 54A and 54B inserted

After section 54 of the Principal Act insert—

"54A   Excluded area Order

(1)The Minister may, by notice published in the Government Gazette, declare an area of Victoria as an excluded area.

(2)An excluded area Order must set out the boundaries of the excluded area, including a map of the area.

(3)An excluded area Order may contain any other matters the Minister considers appropriate.

(4)The Minister must publish in the Government Gazette the Minister's reasons for making the excluded area Order at the same time as the Order is published in the Government Gazette.

54BProcedure for making excluded area Order

Before making an excluded area Order, the Minister must—

(a)cause to be published on a website managed by the Department—

(i)a draft of the Order; and

(ii)a notice inviting submissions to be made within a period of not less than 6 weeks specified in the notice; and

(b)consider any submissions received within the period specified under paragraph (a)(ii); and

(c)consult with—

(i)the Premier; and

(ii)the Treasurer; and

(d)consider any advice provided by VicGrid.".

Division 6—Grid impact authority and REZ scheme authority amendments

32Definitions

In section 3(1) of the Principal Act insert the following definitions—

"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);

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;

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;

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;

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;

traditional owner has the same meaning as in the Aboriginal Heritage Act 2006;".

33New Divisions 2A to 2C of Part 5 inserted

After Division 2 of Part 5 of the Principal Act insert—

"Division 2A—Grid impact authorities

Subdivision 1—Issue of grid impact authorities

33AApplication

(1)Any of the following persons may apply to VicGrid for a grid impact authority—

(a)a Connection Applicant that wishes to establish a connection to the declared transmission system—

(i)outside a renewable energy zone for a generating system or integrated resource system; or

(ii)within a renewable energy zone for a generating system or integrated resource system that is not an eligible generating system or eligible integrated resource system;

(b)a Generator or Integrated Resource Provider that—

(i)owns, operates or controls a generating system or integrated resource system—

(A)connected to the declared transmission system outside a renewable energy zone; and

(B)forming part of a facility; and

(ii)wishes to carry out a system change;

(c)a Generator or Integrated Resource Provider that—

(i)owns, operates or controls a generating system that is not an eligible generating system, or an integrated resource system that is not an eligible integrated resource system, connected to the declared transmission system within a renewable energy zone and forming part of a facility; and

(ii)wishes to carry out a system change.

(2)An application under subsection (1) must be—

(a)prepared in accordance with the grid impact assessment guidelines; and

(b)accompanied by a plan, prepared in accordance with the grid impact assessment guidelines, under which the grid impact authority applicant, if issued a grid impact authority, will consult, and engage with, communities and traditional owners that will be impacted by—

(i)the planning for the construction of, and the construction and operation of, the generating system or integrated resource system in respect of which the applicant wishes to establish a connection to the declared transmission system; or

(ii)the planning for, and the carrying out of, the system change that the applicant wishes to carry out; and

(c)accompanied by the application fee determined by VicGrid under section 33H.

(3)Without limiting subsection (2)(b), a consultation and engagement plan must—

(a)set out a process for consultation and engagement with communities and traditional owners; and

(b)include a complaint handling system and process, and a dispute resolution process, to deal with any complaints received from community members and traditional owners.

33BDecision on application

(1)On receiving an application under section 33A, VicGrid must—

(a)if VicGrid is satisfied of the applicable matters, grant the application and issue a grid impact authority; or

(b)if VicGrid is not satisfied of the applicable matters, refuse the application.

(2)For the purposes of subsection (1), the applicable matters are—

(a)that the generating system or integrated resource system in respect of which the applicant is wishing to establish a connection to the declared transmission system (the relevant system), or the system change the applicant is wishing to carry out (the relevant system change), meets the prescribed requirements (if any); and

(b)that the operation of the relevant system, or facility after the relevant system change, will not have the effect of substantially constraining the output of electricity generated, or planned to be generated, by eligible generating systems or eligible integrated resource systems connected to the declared transmission system within a renewable energy zone.

(3)In granting an application under subsection (1), VicGrid may approve the consultation and engagement plan accompanying the application.

(4)VicGrid may issue a grid impact authority subject to any conditions it determines.

(5)If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the grid impact authority applicant as soon as practicable after making the decision.

(6)A notice under subsection (5), must set out VicGrid's reasons for its decision.

(7)VicGrid may conduct appropriate modelling and analysis for the purposes of making a decision under subsection (1).

33CGrid impact authority issued subject to conditions

(1)A grid impact authority has effect subject to the following conditions—

(a)the grid impact authority holder must not operate a generating system, integrated resource system or facility to which the grid impact authority they hold relates in a way that will have the effect of substantially constraining the output of electricity generated, or planned to be generated, by eligible generating systems or eligible integrated resource systems connected to the declared transmission system within a renewable energy zone;

(b)the grid impact authority holder must comply with any requirement on the holder under an approved consultation and engagement plan.

(2)A grid impact authority also has effect subject to—

(a)any conditions that are prescribed; and

(b)any conditions determined by VicGrid.

(3)A grid impact authority must set out any conditions determined by VicGrid.

Subdivision 2—Amendment of grid impact authorities

33DApplication

(1)A grid impact authority holder who—

(a)owns, operates or controls a facility in relation to which the grid impact authority they hold has been issued; and

(b)wishes to carry out a system change to that facility—

may apply to VicGrid to amend the grid impact authority or any conditions determined by VicGrid to which the authority is subject, or both.

(2)An application under subsection (1) must be—

(a)prepared in accordance with the grid impact assessment guidelines; and

(b)be accompanied by the application fee determined by VicGrid under section 33H.

33EDecision on application

(1)On receiving an application under section 33D, VicGrid must—

(a)if VicGrid is satisfied of the applicable matters—

(i)grant the application; and

(ii)amend the grid impact authority or any conditions determined by VicGrid to which the authority is subject, or both; or

(b)if VicGrid is not satisfied of the applicable matters, refuse the application.

(2)For the purposes of subsection (1), the applicable matters are—

(a)that the system change that the grid impact authority holder is wishing to carry out meets the prescribed requirements (if any); and

(b)that the operation of the facility after the system change will not have the effect of substantially constraining the output of electricity generated, or planned to be generated, by eligible generating systems or eligible integrated resource systems connected to the declared transmission system within a renewable energy zone.

(3)If VicGrid grants an application under subsection (1) and amends the grid impact authority, VicGrid must issue a new grid impact authority that includes VicGrid's amendments.

(4)A grid impact authority that includes VicGrid's amendments supersedes the previous grid impact authority held by the grid impact authority holder.

(5)If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the grid impact authority holder as soon as practicable after making the decision.

(6)A notice under subsection (5), must set out VicGrid's reasons for its decision.

(7)VicGrid may conduct appropriate modelling and analysis for the purposes of making a decision under subsection (1).

Subdivision 3—Revocation of grid impact authorities

33FRevocation of grid impact authority

(1)Subject to this section, VicGrid may revoke a grid impact authority if VicGrid is of the view that the grid impact authority holder has not complied with a condition to which the grid impact authority is subject.

(2)Before making a decision under subsection (1), VicGrid must give the grid impact authority holder a notice (a notice of proposed action) that—

(a)specifies that VicGrid is proposing to revoke the grid impact authority issued to the grid impact authority holder and the grounds for the revocation; and

(b)invites the grid impact authority holder to make written submissions to VicGrid within 28 days after being given the notice as to why VicGrid should not revoke the grid impact authority.

(3)In making a decision under subsection (1), VicGrid must take into account any submission it receives from the grid impact authority holder in accordance with the notice of proposed action.

(4)VicGrid must, as soon as practicable after making a decision under subsection (1), give written notice to the grid impact authority holder of the decision.

(5)If VicGrid decides to revoke a grid impact authority, VicGrid must set out in the notice under subsection (4)—

(a)the reasons for its decision; and

(b)the date on which the revocation takes effect, which must not be earlier than 20 business days after the date of the notice.

Subdivision 4—Miscellaneous

33GGrid impact assessment guidelines

(1)VicGrid must prepare and publish guidelines (called grid impact assessment guidelines) for or with respect to—

(a)the manner and form of applications for grid impact authorities and amendments to grid impact authorities; and

(b)matter to be included in applications for grid impact authorities and amendments to grid impact authorities; and

(c)matter to be included in consultation and engagement plans; and

(d)the consideration and handling of applications by VicGrid.

(2)Before publishing or amending the grid impact assessment guidelines, VicGrid must—

(a)issue a public notice, in accordance with subsection (3), inviting submissions to be made within a period of not less than 30 days specified in the notice; and

(b)cause a draft of the guidelines or amendment to be published on a website for the period specified in the notice under paragraph (a); and

(c)consider any submissions received within that period; and

(d)comply with any prescribed requirements.

(3)A notice under subsection (2)(a)—

(a)must be issued by publishing it—

(i)in the Government Gazette; and

(ii)on a website managed by VicGrid; and

(iii)on an approved alternative publication Internet site declared under section 38N of the Interpretation of Legislation Act 1984; and

(b)must give the address of the website on which the draft is published under subsection (2)(b).

(4)VicGrid must publish the grid impact assessment guidelines, as amended from time to time, on a website managed by VicGrid.

33HDetermination of fee for applications for grid impact authorities and amendments

VicGrid must determine, and publish on a website managed by VicGrid, the fee for an application under section 33A or 33D.

Division 2B—REZ scheme declarations

33IREZ scheme declaration

(1)The Minister, by notice published in the Government Gazette, may make a declaration for or with respect to a renewable energy zone (the applicable REZ).

(2)A REZ scheme declaration—

(a)must specify the applicable REZ and the renewable energy zone Order declaring the applicable REZ; and

(b)may declare a kind of renewable energy generating system as an eligible generating system; and

(c)may declare a kind of integrated resource system as an eligible integrated resource system; and

(d)must specify the limits (if any) (measured in megawatts) for each kind of eligible generating system or eligible integrated resource system that may be connected to the declared transmission system within the applicable REZ; and

(e)must set out criteria or matter that must be taken into account by VicGrid in deciding whether to issue a REZ scheme authority to a Connection Applicant wishing to establish a connection to the declared transmission system within the applicable REZ for—

(i)an eligible generating system; or

(ii)an eligible integrated resource system; and

(f)must set out the criteria or matter that must be taken into account by VicGrid in deciding whether to issue a REZ scheme authority to a person owning, operating or controlling an eligible facility connected to the declared transmission system within the applicable REZ to carry out a system change; and

(g)must specify the method by which VicGrid will issue REZ scheme authorities, which may be—

(i)on a first-come, first-served basis; or

(ii)through a process under which expressions of interest are invited; or

(iii)through a competitive tender process; and

(h)may specify—

(i)the manner and form of applications for REZ scheme authorities and amendments to REZ scheme authorities; and

(ii)matter to be included in applications for REZ scheme authorities and amendments to REZ scheme authorities; and

(iii)matter to be included in a consultation and engagement plan.

(3)A REZ scheme declaration may specify conditions to which a REZ scheme authority must be subject.

33JPublic consultation for the making of a REZ scheme declaration

Before making a REZ scheme declaration, the Minister must—

(a)cause to be published on a website managed by the Department—

(i)a draft of the declaration; and

(ii)a notice inviting submissions to be made within a period of not less than 6 weeks specified in the notice; and

(b)consider any submissions received within the period specified under paragraph (a)(ii); and

(c)consult the Premier and the Treasurer.

Division 2C—REZ scheme authorities

Subdivision 1—Issue of REZ scheme authorities

33KApplication

(1)Any of the following persons may apply to VicGrid for a REZ scheme authority—

(a)a Connection Applicant that wishes to establish a connection to the declared transmission system within a renewable energy zone for an eligible generating system or eligible integrated resource system;

(b)a Generator or Integrated Resource Provider—

(i)that owns, operates or controls an eligible facility; and

(ii)that wishes to carry out a system change.

(2)An application under subsection (1) must be prepared in accordance with the applicable REZ scheme declaration and include—

(a)in the case where the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system—

(i)a description of the type of generating system or integrated resource system; and

(ii)the nameplate rating of the generating system or integrated resource system; and

(iii)the location for the proposed connection point for the generating system or integrated resource system, if known; and

(iv)any milestone dates applying to the construction of the generating system or integrated resource system; and

(b)in the case where the REZ scheme authority applicant wishes to carry out a system change to an eligible facility—

(i)a description of the system change; and

(ii)the nameplate rating of the generating system or integrated resource system forming part of the facility before and after the carrying out of the system change; and

(iii)any milestone dates applying to the construction of the system change; and

(c)any information required to be included in the application under the REZ scheme declaration made in respect of—

(i)the renewable energy zone within which the REZ scheme authority applicant wishes to establish the connection to the declared transmission system for the eligible generating system or integrated resource system; or

(ii)the renewable energy zone within which the eligible facility (in respect of which the REZ scheme authority applicant is seeking to carry out the system change) is predominantly located; and

(d)any other information that is prescribed.

(3)An application under subsection (1) must be accompanied by a plan, prepared in accordance with the applicable REZ scheme declaration, under which the REZ scheme authority applicant, if issued a REZ scheme authority, will consult, and engage with, communities and traditional owners that will be impacted by—

(a)the planning for the construction of, and the construction and operation of, the generating system or integrated resource system in respect of which the applicant wishes to establish a connection to the declared transmission system; or

(b)the planning for, and the carrying out of, the system change that the applicant wishes to carry out.

(4)Without limiting subsection (2), a consultation and engagement plan must—

(a)set out a process for consultation and engagement with communities and traditional owners; and

(b)include a complaint handling system and process, and a dispute resolution process, to deal with any complaints received from community members and traditional owners.

(5)In this section—

applicable eligible facility means the eligible facility in respect of which the REZ scheme authority applicant is wishing to carry out the system change;

applicable REZ scheme declaration means the REZ scheme declaration made for or with respect to—

(a)the renewable energy zone within which the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or

(b)the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system.

33LDecision on application

(1)Subject to this section, on receiving an application under section 33K, VicGrid may—

(a)grant the application and issue a REZ scheme authority to the REZ scheme authority applicant; or

(b)refuse the application.

(2)In making a decision under subsection (1), VicGrid must comply with—

(a)the applicable renewable energy zone Order; and

(b)the applicable REZ scheme declaration.

(3)In granting an application under subsection (1), VicGrid may approve the consultation and engagement plan accompanying the application.

(4)VicGrid may issue a REZ scheme authority subject to any conditions it determines.

(5)If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the REZ scheme authority applicant as soon as practicable after making the decision.

(6)A notice under subsection (6), must set out VicGrid's reasons for its decision.

(7)In this section—

applicable eligible facility means the eligible facility in respect of which the REZ scheme authority applicant is wishing to carry out the system change;

applicable renewable energy zone Order means the renewable energy zone Order declaring—

(a)the renewable energy zone within which the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or

(b)the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system;

applicable REZ scheme declaration means the REZ scheme declaration made for or with respect to—

(a)the renewable energy zone within which the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or

(b)the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system.

33MContent of REZ scheme authority

(1)A REZ scheme authority must—

(a)specify—

(i)the renewable energy zone within which the REZ scheme authority holder wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or

(ii)the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system; and

(b)if the REZ scheme authority holder is wishing to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system, specify—

(i)the kind of generating system or integrated resource system for which the connection is to be established; and

(ii)the nameplate rating of the generating system or integrated resource system; and

(c)if the REZ scheme authority holder is the owner, operator or controller of a facility connected to the declared transmission system—

(i)specify the kind of facility it is; and

(ii)describe the system change the holder wishes to carry out; and

(iii)specify the nameplate rating of the facility before and after the carrying out of the system change; and

(d)set out any conditions determined by VicGrid.

(2)In this section—

applicable eligible facility means the eligible facility in respect of which the REZ scheme authority holder is wishing to carry out the system change.

33NREZ scheme authority issued subject to conditions

(1)A REZ scheme authority has effect subject to the following conditions—

(a)the REZ scheme authority holder must pay any REZ scheme fee to VicGrid as required by VicGrid;

(b)the REZ scheme authority holder must comply with any requirement on the holder under an approved consultation and engagement plan.

(2)A REZ scheme authority also has effect subject to—

(a)any conditions that are prescribed; and

(b)any conditions specified under a REZ scheme declaration; and

(c)any conditions determined by VicGrid.

(3)A REZ scheme authority must set out any conditions determined by VicGrid.

Subdivision 2—Amendment of REZ scheme authorities

33OApplication

(1)A REZ scheme authority holder who—

(a)owns, operates or controls a facility in relation to which the REZ scheme authority they hold has been issued; and

(b)wishes to carry out a system change to that facility—

may apply to VicGrid to amend the REZ scheme authority or any conditions determined by VicGrid to which the authority is subject, or both.

(2)An application under subsection (1) must—

(a)be prepared in accordance with the REZ scheme declaration made for or with respect to the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the facility, is connected to the declared transmission system; and

(b)contain any information that is prescribed.

33PDecision on application

(1)On receiving an application under section 33O, VicGrid must—

(a)if VicGrid is satisfied of the applicable matters—

(i)grant the application; and

(ii)amend the REZ scheme authority or any conditions determined by VicGrid to which the authority is subject, or both; or

(b)if VicGrid is not satisfied of the applicable matters, refuse the application.

(2)For the purposes of subsection (1), the applicable matters are—

(a)that the system change that the REZ scheme authority holder is wishing to carry out meets the prescribed requirements (if any); and

(b)that the system change will not result in the REZ limits applying to an eligible generating system or eligible integrated resource system forming part of the eligible facility being exceeded.

(3)If VicGrid grants an application under subsection (1) and amends the REZ scheme authority, VicGrid must issue a new REZ scheme authority that includes VicGrid's amendments.

(4)A REZ scheme authority that includes VicGrid's amendments supersedes the previous REZ scheme authority held by the REZ scheme authority holder.

(5)If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the REZ scheme authority holder as soon as practicable after making the decision.

(6)A notice under subsection (5), must set out VicGrid's reasons for its decision.

(7)In this section—

REZ limits means the limits (measured in megawatts) specified in the REZ declaration for the kind of eligible generating system or eligible integrated resource system that forms part of the eligible facility.

Subdivision 3—Revocation of REZ scheme authorities

33QRevocation of REZ scheme authority

(1)Subject to this section, VicGrid may revoke a REZ scheme authority if VicGrid is of the view that the REZ scheme authority holder has not complied with a condition to which the REZ scheme authority is subject.

(2)Before making a decision under subsection (1), VicGrid must give the REZ scheme authority holder a notice (a notice of proposed action) that—

(3)More than one extension of time may be granted under subsection (1).

93BKHow Magistrates' Court is to determine application for entry order

(1)The Magistrates' Court may hear and determine an application for an entry order, or any matter arising on such an application—

(a)as expeditiously as possible; and

(b)with as much informality as is possible in accordance with the rules of evidence.

(2)However, the Magistrates' Court must not hear the matter until 21 days have elapsed since the application was made.

(3)In hearing and determining the application or any matter arising on the application, the Magistrates' Court must have regard to—

(a)the need for the expeditious development of electricity transmission infrastructure in order for electricity to be provided by means of that infrastructure for the benefit of the Victorian community; and

(b)the need for increased cost certainty and increased risk certainty in the development of electricity transmission infrastructure.

(4)In this section—

electricity transmission infrastructure means infrastructure that is to be constructed, operated or maintained for the purposes of the transmission of electricity.

93BLMagistrates' Court may make entry order

(1)On an application under section 93BG, the Magistrates' Court may make an entry order if satisfied, by evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for making the order.

(1A)In determining whether there are reasonable grounds for making the order, the Magistrates' Court must have regard to the extent to which an electricity corporation or the CEO VicGrid has complied with the relevant obligations described in subsection (1B) in relation to entering—

(a)onto the land in respect of which the application is made; and

(b)in the circumstances in relation to which entry is sought to be authorised under the entry order; and

(c)for the purpose for which entry is sought to be authorised under the entry order.

(1B)The relevant obligations for the purposes of subsection (1A) are obligations that—

(a)are imposed by the provisions of a Code of Practice referred to in section 93(5)(d); and

(b)require things to be done before (and not during or after) entry onto land.

(2)The entry order must—

(a)specify the land in respect of which the order is made; and

(b)state that the order is made for the purpose of enabling entry to the specified land for the purposes of—

(i)the exercise of a power under section 93; or

(ii)the facilitation of the exercise of a power under section 93; and

(c)state that an authorised officer is authorised to enter the specified land; and

(d)specify the persons, or the class of persons, who are authorised by the order to accompany the authorised officer in entering the specified land; and

(e)state that a police officer is authorised to accompany the authorised officer or other person in entering the specified land; and

(f)specify when entry is authorised in accordance with subsection (3); and

(g)specify the authorised officer who is to be required to serve a copy of the order under section 93BM; and

(h)state that it is an offence to obscure, damage or destroy a copy of the order that is affixed under section 93BM until after the final day on which entry is authorised under the order.

(3)In specifying when entry is authorised, the Magistrates' Court—

(a)must not specify that entry is authorised on more than 28 days; and

(b)must not specify that entry is authorised on a day earlier than 7 days after the day on which the order is made; and

Note

Entry is not permitted on a day that is not at least 2 days after the day on which the order is served under section 93BM—see section 93BM(1).

(c)may specify when entry is authorised by either—

(i)specifying one or more identified days; or

(ii)specifying all days within an identified period; and

(d)may specify whether, on a day on which entry is authorised—

(i)entry is authorised at any time; or

(ii)entry is authorised at times specified in the entry order.

(4)The Magistrates' Court may specify in the entry order any other condition to which the order is subject.

(5)If a person who objects under section 93BI to an application for an entry order does not appear at the hearing of the application, the Magistrates' Court may hear and determine the application if it considers it is in the interests of justice to do so.

93BMAuthorised officer must serve order

(1)Despite anything to the contrary in an entry order, a person must not enter land under the order unless—

(a)the authorised officer specified in the order under section 93BL(2)(g) has—

(i)served a copy of the order; or

(ii)caused a copy of the order to be served—

in accordance with this section; and

(b)at least 2 days have elapsed since the service of a copy of the order.

(2)The copy of the order must be served on at least one entity that either owns or occupies the land specified in the order under section 93BL(2)(a)—

(a)by using a method permitted by section 93BU; or

(b)if subsection (3) permits the use of the publication and affixing method set out in subsection (4), by using that method.

(3)The copy of the order may be served by using the publication and affixing method set out in subsection (4) if—

(a)the entity is an individual; and

(b)the authorised officer has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and

(c)despite those efforts, the authorised officer still does not know the individual's location.

(4)The publication and affixing method of serving the notice is—

(a)publishing a copy of the notice in a newspaper circulating generally throughout Victoria; and

(b)affixing a copy of the notice—

(i)to an entrance to the land specified in the order under section 93BL(2)(a); or

(ii)in a conspicuous place near an entrance to that land.

(5)A person must not, without reasonable excuse, obscure, damage or destroy a copy of an entry order affixed under subsection (4) until after the final day on which entry is authorised by the order.

Penalty:30 penalty units.

Subdivision 5—Provisions applicable to entry under Subdivision 3 or 4

93BNReferences to relevant authority

In this Subdivision, a reference to entry under a relevant authority is a reference to entry under—

(a)section 93BC; or

(b)an entry order.

93BONotice must be given on entry

(1)This section applies if—

(a)an authorised officer is to enter land under a relevant authority; and

(b)a person who is, or who appears to be, an owner or occupier of that land is present at that time.

(2)Immediately on entering the land, the authorised officer must—

(a)announce—

(i)that they are an authorised officer entering under either section 93BC or an entry order (as the case requires); and

(ii)the purpose of the entry; and

(b)take all reasonable steps to ensure that at least one person referred to in subsection (1)(b) is given a copy of—

(i)if the entry is under section 93BC—the notice under section 93BD; or

(ii)if the entry is under an entry order—the entry order.

(3)However, the authorised officer is not required to take a step referred to in subsection (2)(b) that the officer reasonably believes would risk the safety of—

(a)the authorised officer; or

(b)any person accompanying the authorised officer.

(4)If there is a failure to give the document referred to in subsection (2)(b) because of an authorised officer's reasonable belief referred to in subsection (3), that failure does not affect the lawfulness of the entry.

(5)The document referred to in subsection (2)(b) may be given by the authorised officer or by any other person who is present.

93BPIdentification card must be carried and produced on request

(1)An authorised officer must not enter land under a relevant authority without an identification card.

(2)While on that land, the authorised officer must produce their identification card for inspection if asked to do so by any person on that land.

(3)However, the authorised officer is not required to produce their identification card if—

(a)the authorised officer reasonably believes that producing the identification card would risk the safety of—

(i)the authorised officer; or

(ii)any person accompanying the authorised officer under the relevant authority; or

(b)the request to produce the identification card is unreasonable in the circumstances.

(4)If an authorised officer does not produce their identification card when asked to do so, and the failure to do so is permitted by subsection (3), that failure does not affect the lawfulness of the entry.

93BQAuthorised officer may direct person to identify themselves

(1)An authorised officer who enters land under a relevant authority, or who is to enter land under that authority, may direct any person who is on that land—

(a)to state their name and address; and

(b)to provide evidence of their ownership or right of occupation—

if the officer believes the person is committing, or has committed, an offence against this Subdivision.

(2)A person to whom a direction is given under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the direction.

Penalty:20 penalty units.

(3)A person to whom a direction is given under subsection (1) must not, in response to the direction—

(a)state a name or address that is false in a material detail; or

(b)state an address that is not the full address of the person's ordinary place of residence; or

(c)provide false evidence of their ownership or right of occupation.

Penalty:20 penalty units.

(4)If a person states a name or address in response to a direction under subsection (1) and the authorised officer suspects on reasonable grounds that the name or address is false, the authorised officer may direct the person to produce evidence of the person's name or address.

(5)A person to whom a direction is given under subsection (4) must not, without reasonable excuse, refuse or fail to comply with the direction.

Penalty:20 penalty units.

(6)A direction under subsection (1) or (4) may be given orally or in writing.

93BRAuthorised officer may give warning or direction

(1)If an authorised officer reasonably believes that a person is hindering, obstructing or delaying—

(a)the authorised officer's entry onto land under a relevant authority; or

(b)another person's entry onto land under a relevant authority; or

(c)the exercise of a power under section 93 following entry onto land under a relevant authority; or

(d)the facilitation of the exercise of such a power—

the authorised officer may give the person a warning.

(2)The warning is to be a warning that—

(a)if the person does not cease hindering, obstructing or delaying, the authorised officer may give the person a direction to cease doing so; and

(b)failure to cease hindering, obstructing or delaying is an offence.

(3)The warning may be given orally or in writing.

(4)If the authorised officer considers that the person has not ceased hindering, obstructing or delaying in response to the warning, the authorised officer may direct the person to cease doing so.

Note

Section 93BS makes it an offence to hinder, obstruct or delay an activity referred to in subsection (1). In certain circumstances, the offence is not committed if a direction under subsection (4) has not been given; see section 93BS(2)(b), (5) and (6).

(5)The direction may be given orally or in writing.

93BSAuthorised activities must not be hindered, obstructed or delayed

(1)In this section—

authorised activity means—

(a)an authorised officer's entry onto land under a relevant authority; or

(b)another person's entry onto land under a relevant authority; or

(c)the exercise of a power under section 93 following entry onto land under a relevant authority; or

(d)the facilitation of the exercise of such a power.

(2)A person must not, without reasonable excuse, hinder, obstruct or delay an authorised activity if—

(a)whichever notice requirement that applies under subsection (3) or (4) has been complied with; and

(b)any direction requirement that applies under subsection (5) has been complied with.

Penalty:30 penalty units.

(3)If the authorised activity is authorised under section 93BC, the notice requirement is that notice has been served in accordance with section 93BD.

(4)If the authorised activity is authorised under an entry order, the notice requirement is that the order has been served under section 93BM.

(5)The direction requirement set out in subsection (6) applies if the person referred to in subsection (2) is present on the land referred to in subsection (1) at the time of the authorised activity.

(6)The direction requirement is that the person has been directed under section 93BR(4) to cease the hindering, obstructing or delaying.

Subdivision 6—Miscellaneous

93BTImpersonation of authorised officers

A person must not impersonate an authorised officer.

Penalty:30 penalty units.

93BUService

(1)The following methods of serving a document on an individual are permitted for the purposes of this Division—

(a)delivering it personally to the person;

(b)leaving it at the usual or last known place of business of the person with a person who is—

(i)over 16 years of age; and

(ii)apparently in charge of or employed at that place;

(c)sending it by prepaid ordinary post, addressed to the person, at the usual or last known place of residence or business of the person;

(d)if the person has given the authorised officer an alternative address for the purposes of receiving documents for the purposes of this Division—sending it by prepaid ordinary post to that address;

(e)if the person has given the authorised officer an electronic address for the purposes of receiving notices—sending it by electronic communication to that address.

(2)The following methods of serving a document on a body corporate are permitted for the purposes of this Division—

(a)leaving a copy of the document at the registered office or principal place of business of the body corporate;

(b)by sending a copy of the document by prepaid ordinary post to the registered office or principal place of business of the body corporate;

(c)if the body corporate has given the authorised officer an electronic address for the purposes of receiving notices, sending it by electronic communication to that address.

93BVPower to serve an infringement notice

(1)An authorised officer may serve an infringement notice on any person that the officer has reason to believe has committed an offence against—

(a)section 93BD(7) (obscuring, damaging or destroying a notice of proposed entry affixed under section 93BD); or

(b)section 93BH(6) (obscuring, damaging or destroying a notice of application for entry order affixed under section 93BH); or

(c)section 93BM(5) (obscuring, damaging or destroying copy of order affixed under section 93BM); or

(d)section 93BQ(2) (failure to provide identification); or

(e)section 93BQ(5) (failure to comply with direction to produce evidence of identification); or

(f)section 93BS(2) (hindering, obstructing or delaying authorised activity).

(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

93BWInfringement penalties

The infringement penalties for the offences that are infringement offences under section 93BV(2) are as follows—

(a)for an offence against section 93BD(7) (obscuring, damaging or destroying a notice of proposed entry affixed under section 93BD)—4 penalty units;

(b)for an offence against section 93BH(6) (obscuring, damaging or destroying a notice of application for entry order affixed under section 93BH)—4 penalty units;

(c)for an offence against section 93BM(5) (obscuring, for an offence against damaging or destroying copy of order affixed under section 93BM)—4 penalty units;

(d)for an offence against section 93BQ(2) (failure to provide identification)—2 penalty units;

(e)for an offence against section 93BQ(5) (failure to comply with direction to produce evidence of identification)—2 penalty units;

(f)for an offence against section 93BS(2) (hindering, obstructing or delaying authorised activity)—4 penalty units.

93BXNo double jeopardy

If an act or omission constitutes both an offence against this Act and a contempt of the Magistrates' Court in respect of an entry order, the offender is liable to be proceeded against for the offence or for contempt or both, but is not liable to be punished more than once for the same act or omission.'.

Division 4—CEO VicGrid temporary works powers

66Definitions

In section 3 of the Electricity Industry Act 2000 insert the following definitions—

"Administrative Office has the same meaning as in the Public Administration Act 2004;

CEO VicGrid has the same meaning as in the National Electricity (Victoria) Act 2005;

CEO VicGrid authorised representative means a person appointed under section 85A;

VicGrid Administrative Office means the Administrative Office established by Order in Council under section 11 of the Public Administration Act 2004 and published in the Government Gazette on 15 February 2024;".

67New section 85A inserted

After section 85 of the Electricity Industry Act 2000 insert—

"85A   Appointment of CEO VicGrid authorised representatives

The CEO VicGrid may, for the purposes of section 93, appoint, in writing, any of the following as a CEO VicGrid authorised representative—

(a)a person employed under Part 3 of the Public Administration Act 2004 in the VicGrid Administrative Office;

(b)a person engaged by the CEO VicGrid.".

68Powers as to works etc.

(1)In section 93(1) of the Electricity Industry Act 2000—

(a)after "electricity corporation" (where first occurring) insert ", the CEO VicGrid or a CEO VicGrid authorised representative";

(b)in paragraph (b), after "electricity corporation" insert ", the CEO VicGrid or a CEO VicGrid authorised representative";

(c)in paragraph (e), before "may" insert "in the case of an electricity corporation,".

(2)After section 93(2) of the Electricity Industry Act 2000 insert—

"(2A)In the exercise of the powers under subsection (1), the CEO VicGrid or a CEO VicGrid authorised representative must do as little damage as may be required and the CEO VicGrid, must, if required within 2 years from the exercise of the powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of the powers by the CEO VicGrid or a CEO VicGrid authorised representative.".

(3)In section 93(3) of the Electricity Industry Act 2000, after "(2)" insert "or (2A)".

69Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

In section 93A(1) of the Electricity Industry Act 2000, after "electricity corporation" insert ", the CEO VicGrid or a CEO VicGrid authorised representative".

70Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock

In section 93B of the Electricity Industry Act 2000, after "section 93" insert ", or the CEO VicGrid must, before they or a CEO VicGrid authorised representative exercises a power under section 93,".

Division 5—Ending of CEO VicGrid temporary works powers

71Definitions

In section 3 of the Electricity Industry Act 2000, the definitions of Administrative Office, CEO VicGrid, CEO VicGrid authorised representative and VicGrid Administrative Office are repealed.

72Section 85A repealed

Section 85A of the Electricity Industry Act 2000 is repealed.

73Powers as to works etc.

(1)In section 93(1) of the Electricity Industry Act 2000—

(a)omit ", the CEO VicGrid or a CEO VicGrid authorised representative" (where twice occurring);

(b)in paragraph (e), omit "in the case of an electricity corporation,".

(2)Section 93(2A) of the Electricity Industry Act 2000 is repealed.

(3)In section 93(3) of the Electricity Industry Act 2000 omit "or (2A)".

74Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock

In section 93A(1) of the Electricity Industry Act 2000 omit ", the CEO VicGrid or a CEO VicGrid authorised representative".

75Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock

In section 93B of the Electricity Industry Act 2000 omit ", or the CEO VicGrid must, before they or a CEO VicGrid authorised representative exercises a power under section 93,".

75AMagistrates' Court may make entry order

In section 93BL(1A) of the Electricity Industry Act 2000 omit "or the CEO VicGrid".

PART 4—AMENDMENT OF ELECTRICITY INDUSTRY (RESIDUAL PROVISIONS) ACT 1993

76Section 43 repealed

Section 43 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.

PART 5—REPEAL OF THIS ACT

77Repeal of this Act

This Act is repealed on 1 June 2027.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 June 2025

Legislative Council: 12 August 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the National Electricity (Victoria) Act 2005, the Electricity Industry Act 2000 and the Electricity Industry (Residual Provisions) Act 1993 and for other purposes."