National Energy Retail Law (Victoria) Act 2024 (Vic)
Version No. 001
National Energy Retail Law (Victoria) Act 2024
No. 18 of 2024
Version as at
30 July 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Interpretation
Part 2—Application of National Energy Retail Law provisions
4Application of National Energy Retail Law provisions with modifications
5Application of regulations under National Energy Retail Law with modifications
6Interpretation of certain expressions
7Exclusion of legislation of this jurisdiction and South Australia
Part 3—Related matters
8Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction
9Extension of reading-down provision
10Relevant legislation for the purposes of Essential Services Commission Act 2001
Part 4—General
11Regulations
Part 5—Transitional and savings provisions
12Definitions
13Interpretation of Legislation Act 1984 not affected
14Continued operation of superseded electricity supplier of last resort provisions
15Continued operation of superseded gas supplier of last resort provisions
16Instruments and decisions made by AER for purposes of National Energy Retail Law (Victoria)
17AER—authorisation of preparatory steps
18Regulations dealing with transitional matters
Part 6—Amendments to other Acts related to the application of the National Energy Retail Law
Division 1—Amendment of Electricity Industry Act 2000
19Definitions
20Grant or refusal of application
21Specific licence conditions
22Variation or revocation of licence
23New sections 29AA and 29AB inserted
24Knowingly or recklessly disconnecting supply of electricity at premises of life support customer
25Life support customers and residents—retailer obligations when advised by relevant customer
26Division 8 of Part 2 substituted
Division 2—Amendment of Gas Industry Act 2001
27Definitions
28Grant or refusal of application
29Specific licence conditions
30Variation or revocation of licence
31New sections 38AA and 38AB inserted
32Knowingly or recklessly disconnecting supply of gas at premises of life support customer
33Life support customers and residents—retailer obligations when advised by relevant customer
34Division 6 of Part 3 substituted
35Part 4 repealed
Division 3—Repeal of this Part
36Repeal of this Part
Part 7—Other amendments to energy legislation
Division 1—Amendment of Electricity Industry Act 2000
37Prohibition
38Repeal of civil penalty requirement provisions and related section notes
Division 2—Amendment of Gas Industry Act 2001
39Offer to domestic or small business customers (licensee standing offers)
40Repeal of civil penalty requirement provisions and related section notes
Division 3—Repeal of this Part
41Repeal of this Part
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
National Energy Retail Law (Victoria) Act 2024
No. 18 of 2024
Version as at
30 July 2024
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to apply as laws of Victoria, and subject to any necessary modifications prescribed under regulations, the provisions of the National Energy Retail Law providing for retailer of last resort arrangements and the other provisions of that Law that support the effective operation of those provisions; and
(b)to make related amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001; and
(c)to make other minor technical amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001 to improve their operation.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 March 2025, it comes into operation on that day.
3Interpretation
(1)In this Act—
applicable NERL provisions means—
(a)Parts 1, 6 and 8 to 11, Division 1 of Part 12 and Parts 13 to 15 of the National Energy Retail Law; and
(b)Schedule 1 to the National Energy Retail Law;
National Energy Retail Law means the National Energy Retail Law, as amended from time to time, set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia;
National Energy Retail Law (Victoria) means the provisions applying in this jurisdiction because of section 4;
National Energy Retail Regulations (Victoria) means the provisions applying in this jurisdiction because of section 5;
National Energy Retail Rules (Victoria) means the provisions of the National Energy Retail Rules made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time and as modified by any regulations made under section 11.
(2)Terms used in this Act and also the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia have the same meanings in this Act as they have in that Law.
(3)This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
PART 2—APPLICATION OF NATIONAL ENERGY RETAIL LAW PROVISIONS
4Application of National Energy Retail Law provisions with modifications
The applicable NERL provisions as modified by any regulations made under section 11—
(a)apply as a law of this jurisdiction; and
(b)as so applying may be referred to as the National Energy Retail Law (Victoria); and
(c)so apply as if they were part of this Act.
5Application of regulations under National Energy Retail Law with modifications
Regulations made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time and as modified by any regulations made under section 11—
(a)apply as regulations in force for the purposes of the National Energy Retail Law (Victoria); and
(b)as so applying may be referred to as the National Energy Retail Regulations (Victoria).
6Interpretation of certain expressions
In the National Energy Retail Law (Victoria) and the National Energy Retail Regulations (Victoria)—
National Energy Retail Law or this Law means the National Energy Retail Law (Victoria);
the jurisdiction or this jurisdiction means the State of Victoria.
7Exclusion of legislation of this jurisdiction and South Australia
(1)The following Acts of this jurisdiction do not apply to the National Energy Retail Law (Victoria), the National Energy Retail Regulations (Victoria) or to other instruments made under that Law—
(a)the Interpretation of Legislation Act 1984;
(b)the Subordinate Legislation Act 1994.
Note
The National Energy Retail Rules made under the National Energy Retail Law (Victoria) are an instrument made under that Law.
(2)Subsection (1) does not apply to a regulation made under section 11.
(3)The Acts Interpretation Act 1915 of South Australia and other Acts of South Australia do not apply to the National Energy Retail Law (Victoria), the National Energy Retail Regulations (Victoria) or to other instruments made under that Law.
PART 3—RELATED MATTERS
8Conferral of functions and powers on Commonwealth bodies to act in this jurisdiction
(1)A Commonwealth body has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Commonwealth body by the national energy retail legislation of another participating jurisdiction.
(2)In this section—
Commonwealth body means—
(a)the AER; or
(b)the Tribunal.
9Extension of reading-down provision
(1)Section 320 of the National Energy Retail Law (Victoria) has effect in relation to the operation of any provision of this Act as if the provision formed part of that Law.
(2)Subsection (1) does not limit the effect that a provision would validly have apart from the subsection.
10Relevant legislation for the purposes of Essential Services Commission Act 2001
A provision of any one or more of the following laws that confers a function or power on the Commission is relevant legislation for the purposes of section 10 of the Essential Services Commission Act 2001—
(a)the National Energy Retail Law (Victoria);
(b)the National Energy Retail Regulations (Victoria);
(c)the National Energy Retail Rules (Victoria);
(d)this Act;
(e)regulations made under section 11.
PART 4—GENERAL
11Regulations
(1)The Governor in Council may make—
(a)regulations generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act; and
(b)such regulations, including regulations constituting local instruments, as are contemplated by the National Energy Retail Law (Victoria), or an instrument made under that Law, as being made under this Act as the application Act of this jurisdiction.
(2)Without limiting subsection (1), regulations may modify any of the following—
(a)the applicable NERL provisions;
(b)regulations made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time;
(c)Rules made under the National Energy Retail Law for the purposes of the applicable NERL provisions, as amended from time to time.
(3)The regulations may—
(a)be of limited or general application;
(b)differ according to differences in time, place or circumstances;
(c)confer a function, power or discretionary authority or impose a duty on the Minister or a regulator;
(d)provide for the disclosure of information that relates to a RoLR event or possible RoLR event (including confidential and personal information and information obtained under a regulatory information notice or otherwise) by one regulator to another regulator;
(e)apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—
(i)wholly or partially or as amended by the regulations; or
(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(iii)as formulated, issued, prescribed or published from time to time;
(f)impose a penalty not exceeding 20 penalty units for any contravention of the regulations.
(4)In this section—
regulator means the Essential Services Commission, the AER, the AEMC or AEMO.
PART 5—TRANSITIONAL AND SAVINGS PROVISIONS
12Definitions
In this Part—
commencement day means the day on which section 4 comes into operation;
superseded electricity supplier of last resort provisions means Division 8 of Part 2 of the Electricity Industry Act 2000 as in force from time to time before the commencement day;
superseded gas supplier of last resort provisions means Division 6 of Part 3 of the Gas Industry Act 2001 as in force from time to time before the commencement day;
South Australian Act means the National Energy Retail Law (South Australia) Act 2011 of South Australia.
13Interpretation of Legislation Act 1984 not affected
This Part does not affect or take away from the Interpretation of Legislation Act 1984.
14Continued operation of superseded electricity supplier of last resort provisions
(1)This section applies if—
(a)a trigger event within the meaning of section 49A of the Electricity Industry Act 2000 occurs before the commencement day in respect of a licensee (within the meaning of that Act); and
(b)a licensee's obligation as the supplier of last resort under section 49D of Electricity Industry Act 2000 that is related to the trigger event has not ended before the commencement day.
(2)Despite the repeal of Division 8 of Part 2 of the Electricity Industry Act 2000 by this Act, that Division continues to apply to a licensee that has the obligation to supply or sell electricity to a relevant customer of a defaulting licensee (within the meaning of section 49A of that Act) on and after the commencement day until that obligation ends under section 49D(6) of that Act.
15Continued operation of superseded gas supplier of last resort provisions
(1)This section applies if—
(a)a trigger event within the meaning of section 51A of the Gas Industry Act 2001 occurs before the commencement day in respect of a licensee (within the meaning of that Act); and
(b)a licensee's obligation as the supplier of last resort under section 51D of Gas Industry Act 2001 that is related to the trigger event has not ended before the commencement day.
(2)Despite the repeal of Division 6 of Part 3 of the Gas Industry Act 2001 by this Act, that Division continues to apply to a licensee that has the obligation to supply or sell gas to a relevant customer of a defaulting licensee (within the meaning of section 51A of that Act) on and after the commencement day until that obligation ends under section 51D(6) of that Act.
16Instruments and decisions made by AER for purposes of National Energy Retail Law (Victoria)
(1)This section applies to an instrument or a decision made by the AER if—
(a)the instrument or decision was made—
(i)at or after the time that the South Australian Act was enacted, but
(ii)before the time (the application time) that the applicable NERL provisions as modified by any regulations made under section 11 first started to apply under this Act as a law of Victoria; and
(b)had the applicable NERL provisions as modified by any regulations made under section 11 started so to apply, the making of the instrument or decision would have been authorised by one of the following laws (the authorising laws)—
(i)the National Energy Retail Law (Victoria) or the National Energy Retail Regulations (Victoria);
(ii)this Act;
(iii)an instrument made or having effect under this Act, and
(c)in a case in which the making of the instrument or decision would be so authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements)—the AER has done anything that would, if the applicable NERL provisions as modified by any regulations made under section 11 had started so to apply, be required under the authorising law for the instrument or decision to be so authorised.
(2)For the purposes of the authorising laws—
(a)the instrument or decision is taken to be valid; and
(b)the instrument or decision has effect on and from the application time—
(i)as varied, and unless revoked, by any other instrument or decision to which this section applies, and
(ii)subject to that law so applying.
(3)For the purposes of this section—
(a)guidelines are an example of an instrument; and
(b)the following are examples of decisions—
(i)appointments;
(ii)determinations;
(iii)approvals.
Note
See also the definition of instrument in clause 10 of Schedule 2 to the National Gas Law which is set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia. Under section 8 of the National Energy Retail Law (Victoria), Schedule 2 to the National Gas Law applies to the interpretation of that National Energy Retail Law (Victoria), the National Regulations and the Rules.
17AER—authorisation of preparatory steps
(1)This section applies if—
(a)the AER is required to do something (a preparatory step) before making a decision or making an instrument under the National Energy Retail Law (Victoria), or this Act, or an instrument made or having effect under this Act (the authorising law); and
(b)the AER takes the preparatory step—
(i)at or after the time that the South Australian Act was enacted; but
(ii)before the time that the applicable NERL provisions as modified by any regulations made under section 11 first started to apply under this Act as a law of Victoria.
(2)For the purposes of the authorising law, the AER is taken to have complied with the requirement to take the preparatory step.
Note
See also the definition of instrument in clause 10 of Schedule 2 to the National Gas Law which is set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia. Under section 8 of the National Energy Retail Law (Victoria), Schedule 2 to the National Gas Law applies to the interpretation of that National Energy Retail Law (Victoria), the National Regulations and the Rules.
18Regulations dealing with transitional matters
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made by or as a result of the enactment of this Act.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or after a date not earlier than the day on which this Act receives the Royal Assent;
(b)be of limited or general application;
(c)differ according to time, place or circumstances;
(d)leave any matter or thing to be decided by a specified person or class of person.
(3)To the extent to which any provision of the regulations under this section takes effect from a date that is earlier than the date of its making, the provision does not operate so as—
(a)to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its making; or
(b)to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its making.
(4)Regulations under this section have effect despite anything to the contrary in—
(a)this Act or any other Act (other than the Charter of Human Rights and Responsibilities Act 2006); or
(b)any subordinate instrument.
(5)The following are not required for any proposed statutory rule that is to be made under this section—
(a)consultation under section 6 of the Subordinate Legislation Act 1994;
(b)the preparation of a regulatory impact statement under section 7 of the Subordinate Legislation Act 1994.
(6)This section is repealed on the second anniversary of the day on which it comes into operation.
PART 6—AMENDMENTS TO OTHER ACTS RELATED TO THE APPLICATION OF THE NATIONAL ENERGY RETAIL LAW
Division 1—Amendment of Electricity Industry Act 2000
19Definitions
In section 3 of the Electricity Industry Act 2000—
(a)insert the following definitions—
"associate, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act if sections 13, 16(2) and 17 did not form part of that Act;
failed retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);
insolvency official has the same meaning as in section 122 of the National Energy Retail Law (Victoria);
national retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);
retail licence means a licence to sell electricity otherwise than through a wholesale electricity market;
RoLR event has the same meaning as in section 122 of the National Energy Retail Law (Victoria);";
(b)for the definition of wholesale electricity market substitute—
"wholesale electricity market has the same meaning as in the National Electricity (Victoria) Law.".
20Grant or refusal of application
(1)In section 19(1) of the Electricity Industry Act 2000, for "subsections (2) and (3)" substitute "subsection (2)".
(2)After section 19(4) of the Electricity Industry Act 2000 insert—
"(5)The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer.
(5A)Without limiting subsection (5), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria).".
21Specific licence conditions
(1)In section 21(w) of the Electricity Industry Act 2000, for "(v)." substitute "(v);".
(2)After section 21(w) of the Electricity Industry Act 2000 insert—
"(x)requiring a licensee who was a failed retailer or was or is an associate of a failed retailer to pay a proportion or the whole of the costs of a prior RoLR event as determined by the AER in accordance with section 170 of the National Energy Retail Law (Victoria).".
22Variation or revocation of licence
In section 29(3) of the Electricity Industry Act 2000, for "The Commission" substitute "Subject to sections 29AA and 29AB and Division 8, the Commission".
23New sections 29AA and 29AB inserted
After section 29 of the Electricity Industry Act 2000 insert—
"29AA Commission to consult AER before revoking a retail licence
(1)The Commission must consult the AER before the Commission revokes a retail licence.
(2)Consultation under subsection (1) must be in accordance with the regulations (if any).
(3)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section.
29ABCommission to notify AER and AEMO of revocation of retail licence
(1)If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any).
(2)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1).".
24Knowingly or recklessly disconnecting supply of electricity at premises of life support customer
In section 40SF(1)(b) of the Electricity Industry Act 2000, after "advised" insert ", or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria),".
25Life support customers and residents—retailer obligations when advised by relevant customer
(1)In the heading to section 40SG of the Electricity Industry Act 2000, for "by relevant customer" substitute "or notified".
(2)In section 40SG(1), (2), (3) and (4) of the Electricity Industry Act 2000, after "relevant customer" insert ", or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria),".
26Division 8 of Part 2 substituted
For Division 8 of Part 2 of the Electricity Industry Act 2000 substitute—
"Division 8—Victorian specific retailer of last resort processes
49ADefinitions
In this Division—
failed national retailer means a failed retailer that is a national retailer;
retailer authorisation means a retailer authorisation within the meaning of the National Energy Retail Law (Victoria) that authorises the holder to sell electricity;
RoLR notice has the same meaning as in section 122 of the National Energy Retail Law (Victoria).
49BEffect of issue of RoLR event on licence held by a failed national retailer
(1)This section applies if the AER issues a RoLR notice for a failed national retailer because of the occurrence of an event or circumstance described in paragraph (b)(i) or (ii), (c)(i), (ii) or (iii), (d), (e), (f)(i), (ii), (iii) or (iv) or (g) of the definition of RoLR event (a specified RoLR event).
(2)If the AER revokes, under section 142 of the National Energy Retail Law (as it applies a law of a participating jurisdiction other than Victoria), the retailer authorisation held by the failed national retailer at the same time as it issues the RoLR notice, the retail licence held by the failed national retailer is, despite this Act, revoked, by force of this section, at the same time as the revocation of the retailer authorisation takes effect.
(3)If the AER does not revoke, under section 142 of the National Energy Retail Law (as it applies a law of a participating jurisdiction other than Victoria), the retailer authorisation held by the failed national retailer, the Commission must not revoke the retail licence held by the failed national retailer if the specified RoLR event would also constitute a ground on which to revoke the licence.
(4)The AER must, without delay, notify the Commission of the AER's decision whether to revoke the retailer authorisation.
49CCertain information to be provided to AER and AEMO by the Commission
The Commission must, without delay, notify the AER and AEMO of any event, circumstance or matter of which the Commission is aware and which—
(a)it has reason to believe—
(i)might be, is or may be at some time in the future an event, circumstance or matter that may or will affect a retailer's ability to maintain continuity of the sale of electricity to its customers; or
(ii)gives rise to some risk of affecting a retailer's ability to maintain continuity of the sale of electricity to its customers; or
(b)gives rise to, or gives rise to some risk of, a RoLR event.".
Division 2—Amendment of Gas Industry Act 2001
27Definitions
In section 3 of the Gas Industry Act 2001 insert the following definitions—
"associate, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act if sections 13, 16(2) and 17 did not form part of that Act;
failed retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);
insolvency official has the same meaning as in section 122 of the National Energy Retail Law (Victoria);
national retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);
retail licence means a licence to sell gas by retail;
RoLR event has the same meaning as in section 122 of the National Energy Retail Law (Victoria);".
28Grant or refusal of application
After section 26(1) of the Gas Industry Act 2001 insert—
"(1A)The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer.
(1B)Without limiting subsection (1A), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria).".
29Specific licence conditions
(1)In section 29(s) of the Gas Industry Act 2001, for "customers)." substitute "customers);".
(2)After section 29(s) of the Gas Industry Act 2001 insert—
"(t)requiring a licensee who was a failed retailer or was or is an associate of a failed retailer to pay a proportion or the whole of the costs of a prior RoLR event as determined by the AER in accordance with section 170 of the National Energy Retail Law (Victoria).".
30Variation or revocation of licence
In section 38(3) of the Gas Industry Act 2001, for "The Commission" substitute "Subject to sections 38AA and 38AB and Division 6, the Commission".
31New sections 38AA and 38AB inserted
After section 38 of the Gas Industry Act 2001 insert—
"38AA Commission to consult AER before revoking a retail licence
(1)The Commission must consult the AER before the Commission revokes a retail licence.
(2)Consultation under subsection (1) must be in accordance with the regulations (if any).
(3)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section.
38ABCommission to notify AER and AEMO of revocation of retail licence
(1)If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any).
(2)The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1).".
32Knowingly or recklessly disconnecting supply of gas at premises of life support customer
In section 48DH(1)(b) of the Gas Industry Act 2001, after "advised" insert ", or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria),".
33Life support customers and residents—retailer obligations when advised by relevant customer
(1)In the heading to section 48DI of the Gas Industry Act 2001, for "by relevant customer" substitute "or notified".
(2)In section 48DI(1), (2), (3) and (4) of the Gas Industry Act 2001, after "relevant customer" insert ", or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria),".
34Division 6 of Part 3 substituted
For Division 6 of Part 3 of the Gas Industry Act 2001 substitute—
"Division 6—Victorian specific retailer of last resort processes
51ADefinitions
In this Division—
failed national retailer means a failed retailer that is a national retailer;
retailer authorisation means a retailer authorisation within the meaning of the National Energy Retail Law (Victoria) that authorises the holder to sell gas;
RoLR notice has the same meaning as in section 122 of the National Energy Retail Law (Victoria).
51BEffect of issue of RoLR event on licence held by failed national retailer
(1)This section applies if the AER issues a RoLR notice for a failed national retailer because of the occurrence of an event or circumstance described in paragraph (b)(i) or (ii), (c)(i), (ii) or (iii), (d), (e), (f)(i), (ii), (iii) or (iv) or (g) of the definition of RoLR event (a specified RoLR event).
(2)If the AER revokes, under section 142 of the National Energy Retail Law (as it applies a law of a participating jurisdiction other than Victoria), the retailer authorisation held by the failed national retailer at the same time as it issues the RoLR notice, the retail licence held by the failed national retailer is, despite this Act, revoked, by force of this section, at the same time as the revocation of the retailer authorisation takes effect.
(3)If the AER does not revoke, under section 142 of the National Energy Retail Law (as it applies a law of a participating jurisdiction other than Victoria), the retailer authorisation held by the failed national retailer, the Commission must not revoke the retail licence held by the failed national retailer if the specified RoLR event would also constitute a ground on which to revoke the licence.
(4)The AER must, without delay, notify the Commission of the AER's decision whether to revoke the retailer authorisation.
51CCertain information to be provided to AER and AEMO by the Commission
The Commission must, without delay, notify the AER and AEMO of any event, circumstance or matter of which the Commission is aware and which—
(a)it has reason to believe—
(i)might be, is or may be at some time in the future an event, circumstance or matter that may or will affect a retailer's ability to maintain continuity of the sale of gas to its customers; or
(ii)gives rise to some risk of affecting a retailer's ability to maintain continuity of the sale of gas to its customers; or
(b)gives rise to, or gives rise to some risk of, a RoLR event.".
35Part 4 repealed
Part 4 of the Gas Industry Act 2001 is repealed.
Division 3—Repeal of this Part
36Repeal of this Part
This Part is repealed on 1 March 2026.
Note
The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
PART 7—OTHER AMENDMENTS TO ENERGY LEGISLATION
Division 1—Amendment of Electricity Industry Act 2000
37Prohibition
In section 16(1) of the Electricity Industry Act 2000, for "transmission, distribution, supply or sale of electricity" substitute "transmission or distribution of electricity or supply or sale of electricity by retail".
38Repeal of civil penalty requirement provisions and related section notes
(1)Sections 40SE(3), 40SG(4B), 40SH(4), 40SI(4), 40SJ(5B) and 40SK(5) of the Electricity Industry Act 2000 are repealed.
(2)The notes at the foot of sections 40SE, 40SG, 40SH, 40SI, 40SJ and 40SK of the Electricity Industry Act 2000 are repealed.
Division 2—Amendment of Gas Industry Act 2001
39Offer to domestic or small business customers (licensee standing offers)
In section 42(3A) of the Gas Industry Act 2001, for "that" substitute "to increase them if they".
40Repeal of civil penalty requirement provisions and related section notes
(1)Sections 48DG(3), 48DI(4B), 48DJ(4), 48DK(4), 48DL(5B) and 48DM(5) of the Gas Industry Act 2001 are repealed.
(2)The notes at the foot of sections 48DG, 48DI, 48DJ, 48DK, 48DL and 48DM of the Gas Industry Act 2001 are repealed.
Division 3—Repeal of this Part
41Repeal of this Part
This Part is repealed on 1 March 2026.
Note
The repeal of this Part 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 Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 March 2024
Legislative Council: 2 May 2024
The long title for the Bill for this Act was "A Bill for an Act to apply as laws of Victoria, and subject to any necessary modifications prescribed under regulations, the provisions of the National Energy Retail Law providing for retailer of last resort arrangements and the other provisions of that Law that support the effective operation of those provisions, to make related amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001 and to make other minor technical amendments to the Electricity Industry Act 2000 and the Gas Industry Act 2001 to improve their operation and for other purposes."
The National Energy Retail Law (Victoria) Act 2024 was assented to on 21 May 2024 and came into operation on 30 July 2024: Special Gazette (No. 413) 30 July 2024 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the National Energy Retail Law (Victoria) Act 2024 by Acts and subordinate instruments.
3 Explanatory details
No entries at date of publication.
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