State Electricity Commission Amendment Act 2024 (Vic)
State Electricity Commission Amendment Act 2024
No. 11 of 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Abolition of the State Electricity Commission of Victoria and related amendments
4Change of title to Principal Act
5Short title and commencement
6Section 2 repealed
7Definitions
8Part I repealed
9Heading to Part II amended
10General functions and powers
11Functions and powers in relation to gas
12Functions and powers in relation to ports
13Sections 18, 19, 20 and 21 repealed
14Section 23 repealed
15Section 24 amended
16Leases and licences under Land Act 1958
17Sections 79B, 82A, 83, 84 and 84A repealed
18Section 85 substituted
19Sections 85A, 85B, 85C and 85D repealed
20Part VIII repealed
21Sections 101, 102, 103, 103A, 103B, 105, 105A, 106, 107 and 108 repealed
22Sections 110 and 111 repealed
23New Part X inserted
24Fifth Schedule repealed
25Sixth Schedule amended
26Seventh Schedule repealed
Part 3—Related amendments to the Electricity Industry (Residual Provisions) Act 1993
27Definitions
28Subsidiary
29Directions
30Payments in respect of financial obligations
31Corporate plan
32Statement of corporate intent: contents
33Electricity corporations to act in accordance with corporate plan
34Non-commercial functions
35Dividends
36Section 42AA substituted
37Certain rights deemed to be easements appurtenant to lands of electricity corporation
38Section 47A amended
39Functions and powers
40Delegation
41Directions
42Sections 62, 62A and 62AA repealed
43Certificate of Administrator
44New section 63AA inserted
45Division 1A of Part 5 repealed
46Sections 64, 65, 66, 66A, 67, 68, 69, 70, 71 and 71A repealed
47Interests in land
48Amendment of Register
49Taxes
50Section 75 repealed
51Validity of things done under this Act
52Division 3 of Part 5 repealed
53Part 6 repealed
54Reports to Treasurer
55Section 86 repealed
56Treasurer may give guarantee
57Section 91 repealed
58Section 91AC repealed
59Section 115 repealed
60Validity of things done under this Part
61Section 133 repealed
62Definitions
63Validity of things done under this Part
64Sections 153TP and 153TZG repealed
65Sections 153V and 153W repealed
66Application of Part
67Section 158BA repealed
68New Division 1AA inserted in Part 14
69Section 185 repealed
70Issue of Crown grant
71New Division 1AA inserted in Part 15
72Issue of Crown grant
73New Division 1AA inserted in Part 16
74Surrender of land to Crown
75Section 209 repealed
76Issue of Crown grant
77Schedule 3 amended
78Schedule 3A amended
79Schedule 3B amended
80Schedule 3C amended
Part 4—Amendment of other Acts
Division 1—Alcoa (Portland Aluminium Smelter) Act 1980
81New section 2A inserted
Division 2—Electricity Industry Act 2000
82Definitions
83Application of Part
Division 3—Electricity Safety Act 1998
84Constitution of Committee
85Transitional provisions—electrical contractors and mechanics
86Transitional provision—electrical equipment
87Transitional provision—urban area
88Statute law revision
Division 4—Emergency Services Superannuation Act 1986
89Transfer of assets in respect of VEISF beneficiaries
Division 5—Essential Services Act 1958
90Definitions
Division 6—Estate Agents Act 1980
91Act not to apply to Government Departments etc.
92Statute law revision
Division 7—Forests (Wood Pulp Agreements) Act 1974
93Ratification etc. of Agreement
Division 8—Gas Industry (Residual Provisions) Act 1994
94Certificate of chief executive officer
95Certificate of chief executive officer
Division 9—Land Act 1958
96Covenants conditions etc. of lease or licence
Division 10—Loy Yang B Act 1992
97New section 3A inserted
Division 11—Melbourne City Link Act 1995
98Definitions
Division 12—Mines (Aluminium Agreement) Act 1961
99Interpretation
100Ratification etc. and enforcement of Agreement and modification of Acts etc.
101Easements for transmission of electricity
Division 13—National Parks Act 1975
102Definitions
103Operations in the Alpine National Park
Division 14—Port Management Act 1995
104Definitions
105Definitions
106Definitions
Division 15—Port Melbourne (Aircraft Agreement) Land Act 1937
107Section 7 repealed
Division 16—Public Authorities (Dividends) Act 1983
108Definitions
Division 17—Snowy Hydro Corporatisation Act 1997
109Section 16 repealed
Division 18—Subdivision Act 1988
110What does this Act apply to?
Division 19—Treasury Corporation of Victoria Act 1992
111Definitions
112Schedule 1 amended
Division 20—Westernport Development Act 1967
113New section 2A inserted
Division 21—Wrongs (Public Contracts) Act 1981
114Interpretations
Part 5—Repeal of this Act
115Repeal of this Act
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Endnotes
1 General information
State Electricity Commission Amendment Act 2024
No. 11 of 2024
[Assented to 26 March 2024]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the State Electricity Commission Act 1958—
(i)to abolish the State Electricity Commission of Victoria established by that Act; and
(ii)to transfer functions and powers of the abolished State Electricity Commission of Victoria to the Minister; and
(iii)to transfer all property, rights and liabilities of the abolished State Electricity Commission of Victoria to the State; and
(iv)to change the name of that Act to the Former SEC (Residual Provisions) Act 1958; and
(v)to consequentially amend that Act; and
(b)to consequentially amend the Electricity Industry (Residual Provisions) Act 1993 and other Acts.
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 14 November 2024, it comes into operation on that day.
3Principal Act
In this Act, the State Electricity Commission Act 1958 is called the Principal Act.
PART 2—ABOLITION OF THE STATE ELECTRICITY COMMISSION OF VICTORIA AND RELATED AMENDMENTS
4Change of title to Principal Act
In the title to the Principal Act, for "State Electricity Commission" substitute "Former SEC (Residual Provisions)".
5Short title and commencement
In section 1 of the Principal Act, for "State Electricity Commission" substitute "Former SEC (Residual Provisions)".
6Section 2 repealed
Section 2 of the Principal Act is repealed.
7Definitions
(1)In section 3(1) of the Principal Act—
(a)insert the following definition—
"former SEC means the State Electricity Commission of Victoria in existence immediately before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;";
(b)in the definition of undertaking, for "Commission" substitute "former SEC";
(c)the definitions of Administrator and Commission are repealed.
(2)In section 3(2) of the Principal Act, for "Commission" (wherever occurring) substitute "former SEC".
(3)In section 3(4) of the Principal Act, for "Commission" substitute "former SEC".
8Part I repealed
Part I of the Principal Act is repealed.
9Heading to Part II amended
In the heading to Part II of the Principal Act, for "Commission" substitute "Minister".
10General functions and powers
(1)In section 12A(1) of the Principal Act—
(a)for "Commission" substitute "Minister";
(b)in paragraph (a), for "it" substitute "the former SEC";
(c)in paragraph (b), for "it" substitute "the former SEC";
(d)in paragraph (c), for "Commission" substitute "former SEC";
(e)in paragraph (e) omit "with the approval of the Treasurer,".
(2)Section 12A(1)(d) and (ea) of the Principal Act are repealed.
(3)In section 12A(1)(f) of the Principal Act, for "Commission" substitute "former SEC".
(4)In section 12A(2) of the Principal Act—
(a)for "Commission" substitute "Minister";
(b)for "its" substitute "the Minister's".
(5)In section 12A(3) of the Principal Act—
(a)for "Commission—" substitute
"Minister—";
(b)in paragraph (b), for "Commission's" substitute "Minister's".
11Functions and powers in relation to gas
(1)In section 12B(1) of the Principal Act—
(a)for "Commission" (where first occurring) substitute "Minister";
(b)in paragraph (a), for "it" substitute "the former SEC";
(c)in paragraph (b), for "Commission" substitute "former SEC";
(d)in paragraph (c), for "its" substitute "the Minister's";
(e)in paragraph (d)—
(i)for "Commission" substitute "former SEC";
(ii)for "Act;" substitute "Act.";
(f)paragraph (e) is repealed.
(2)In section 12B(2) of the Principal Act—
(a)for "Commission" substitute "Minister";
(b)for "its" substitute "the Minister's".
(3)In section 12B(3) of the Principal Act—
(a)for "Commission—" substitute
"Minister—";
(b)in paragraph (a), for "its" substitute "the Minister's";
(c)in paragraph (b), for "Commission's" substitute "Minister's".
12Functions and powers in relation to ports
(1)In section 12C(1) of the Principal Act—
(a)for "Commission" (where first occurring) substitute "Minister";
(b)in paragraph (a), for "it" substitute "the former SEC";
(c)in paragraph (b), for "Commission" substitute "former SEC";
(d)in paragraph (c), for "its" substitute "the Minister's";
(e)in paragraph (d), for "Commission" substitute "former SEC".
(2)In section 12C(2) of the Principal Act—
(a)for "Commission" substitute "Minister";
(b)for "its" substitute "the Minister's".
(3)In section 12C(3) of the Principal Act—
(a)for "Commission—" substitute
"Minister—";
(b)in paragraph (a), for "its" substitute "the Minister's";
(c)in paragraph (b), for "Commission's" substitute "Minister's".
13Sections 18, 19, 20 and 21 repealed
Sections 18, 19, 20 and 21 of the Principal Act are repealed.
14Section 23 repealed
Section 23 of the Principal Act is repealed.
15Section 24 amended
(1)Insert the following heading to section 24 of the Principal Act—
"Power to amend, vary or cancel encumbrances on Crown grant issued to former SEC".
(2)In section 24(1) of the Principal Act—
(a)paragraph (a) is repealed;
(b)in paragraph (b)—
(i)for "Commission" (where twice occurring) substitute "former SEC";
(ii)for "he" substitute "the Governor in Council".
16Leases and licences under Land Act 1958
In section 25(2) of the Principal Act, for "Commission" substitute "Minister".
17Sections 79B, 82A, 83, 84 and 84A repealed
Sections 79B, 82A, 83, 84 and 84A of the Principal Act are repealed.
18Section 85 substituted
For section 85 of the Principal Act substitute—
"85 Electricity, gas and port property of former SEC
(1)The property, rights and liabilities of the former SEC relating to its functions, other than its functions under sections 12B and 12C, are the electricity property of the State.
(2)The property, rights and liabilities of the former SEC relating to its functions under section 12B are the gas property of the State.
(3)The property, rights and liabilities of the former SEC relating to its functions under section 12C are the port property of the State.".
19Sections 85A, 85B, 85C and 85D repealed
Sections 85A, 85B, 85C and 85D of the Principal Act are repealed.
20Part VIII repealed
Part VIII of the Principal Act is repealed.
21Sections 101, 102, 103, 103A, 103B, 105, 105A, 106, 107 and 108 repealed
Sections 101, 102, 103, 103A, 103B, 105, 105A, 106, 107 and 108 of the Principal Act are repealed.
22Sections 110 and 111 repealed
Sections 110 and 111 of the Principal Act are repealed.
23New Part X inserted
After Part IX of the Principal Act insert—
"PART X—TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES ETC. OF STATE ELECTRICITY COMMISSION OF VICTORIA TO THE STATE
112Definitions
In this Part—
amending Act means the State Electricity Commission Amendment Act 2024;
commencement day means the day on which section 8 of the amending Act comes into operation;
former SEC property means property, rights or liabilities of the former SEC that, under this Part, have become property, rights or liabilities of the State;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.
113State Electricity Commission of Victoria abolished
On the commencement day—
(a)the State Electricity Commission of Victoria is abolished and the person appointed to the office of the Interim Chief Executive Officer of the State Electricity Commission, by Order in Council dated 19 December 2022 and published in the Government Gazette on 19 December 2022, goes out of office; and
(b)subject to this Part—
(i)all property of the former SEC immediately before its abolition becomes the property of the State; and
(ii)all rights and liabilities of the former SEC immediately before its abolition become rights and liabilities of the State; and
(iii)the State is substituted for the former SEC as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the former SEC; and
(iv)the State must continue and complete any other continuing matter or thing commenced by or against or in relation to the former SEC.
114Superseded references
A reference to the State Electricity Commission of Victoria (established under this Act) in any Act (other than this Act) or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the State—
(a)so far as the reference relates to any period on or after the commencement of section 8 of the amending Act; and
(b)if not inconsistent with the subject matter.
115Title to Act
On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document to the State Electricity Commission Act 1958 is to be construed as a reference to the Former SEC (Residual Provisions) Act 1958, unless the contrary intention appears.
116Transfer subject to encumbrances
If, under this Part, property, rights and liabilities of the former SEC become property, rights or liabilities of the State—
(a)the property and rights become property and rights of the State subject to the encumbrances (if any) to which they were subject immediately before the operation of this Part; and
(b)the rights to which the former SEC was entitled in respect of those liabilities immediately before they ceased to be its liabilities become rights in respect of liabilities of the State.
117Interests in land
Without affecting the generality of this Part and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law, if, immediately before the commencement day, the former SEC is, in relation to property, rights or liabilities that become, under this Part, the property, rights or liabilities of the State, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that day—
(a)the State is taken to be the registered proprietor of that interest in land; and
(b)the State has the same rights and remedies in respect of that interest as the former SEC had.
118Easements
If the State acquires any right in the nature of an easement (whether as a result of the operation of this Part or otherwise), that right must be taken to be an easement even though there is no land vested in the State which is benefited or capable of being benefited by that right.
119Action by Registrar of Titles
On being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.
120Money standing to the credit of certain funds transferred to the Consolidated Fund
(1)On the repeal of section 83, any amounts standing to the credit of the Electricity Fund are transferred to, and form part of, the Consolidated Fund.
(2)On the repeal of section 84, any amounts standing to the credit of the Gas Fund are transferred to, and form part of, the Consolidated Fund.
(3)On the repeal of section 84A, any amounts standing to the credit of the Ports Fund are transferred to, and form part of, the Consolidated Fund.
121Taxes
No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of or connected with the transfer of property, rights or liabilities of the former SEC.
122Evidence
(1)Documentary or other evidence that would have been admissible for or against the interests of the former SEC in relation to former SEC property, if this Part had not been enacted, is admissible for or against the interests of the State, if that property becomes property, rights or liabilities of the State.
(2)The Evidence Act 2008 applies with respect to the books of account of the former SEC and to entries made in those books of account before the commencement day, whether or not they relate to former SEC property, as if those books of account and entries were business records of the State.".
24Fifth Schedule repealed
The Fifth Schedule to the Principal Act is repealed.
25Sixth Schedule amended
In the Sixth Schedule to the Principal Act—
(a)clause 5 (where first occurring) is repealed;
(b)in clause 1 (where first occurring), for "Commission" substitute "former SEC";
(c)in clause 2(1)—
(i)for "the Commission" substitute "the former SEC";
(ii)for "by certified mail to the Administrator" substitute "to the Minister";
(d)clause 2(2) is repealed;
(e)in clause 3—
(i)for "Commission" (where twice occurring) substitute "former SEC";
(ii)for "Administrator" substitute "Minister";
(f)clause 4 is repealed;
(g)clause 5 (where secondly occurring) is repealed;
(h)in clause 6—
(i)in subclause (1), for "Commission" (wherever occurring) substitute "former SEC";
(ii)in subclause (2), for "Commission" substitute "former SEC";
(i)in clause 6A—
(i)in subclause (1), for "Commission" (where twice occurring) substitute "former SEC";
(ii)in subclauses (2) and (4), for "Commission" substitute "former SEC";
(iii)in subclause (3), for "Commission" (wherever occurring) substitute "former SEC";
(j)insert the following heading preceding clause 7—
"Evidence of documents issued by former SEC";
(k)in clause 7, for "Commission" (where twice occurring) substitute "former SEC";
(l)insert the following heading preceding clause 8—
"Protection of officers etc.";
(m)in clause 8, for "Administrator" (wherever occurring) substitute "Minister";
(n)insert the following heading preceding clause 9—
"Powers of the former SEC in conducting investigations";
(o)in clause 9 omit "Administrator or the";
(p)the heading "Offences and Penalties" is repealed;
(q)clauses 1 and 2 (where secondly occurring) are repealed.
26Seventh Schedule repealed
The Seventh Schedule to the Principal Act is repealed.
PART 3—RELATED AMENDMENTS TO THE ELECTRICITY INDUSTRY (RESIDUAL PROVISIONS) ACT 1993
27Definitions
In section 3(1) of the Electricity Industry (Residual Provisions) Act 1993—
(a)in the definition of allocation day—
(i)after "62A(1)" insert "as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024";
(ii)for "62AA;" substitute "62AA as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024;";
(b)for the definition of distribution company substitute—
"distribution company means a distribution company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;";
(c)for the definition of electricity corporation substitute—
"electricity corporation, other than in Parts 3 and 5, means—
(a)a public distribution company; or
(b)a public generation company; or
(c)a public transmission company;";
(d)in the definition of excluded property—
(i)before "SEC" (where first occurring) insert "the former";
(ii)in paragraph (a), before "SEC" insert "the former";
(iii)in paragraph (b), before "SEC" insert "the former";
(e)in paragraph (f) of the definition of financial accommodation, before "SEC" (where twice occurring) insert "the former";
(f)in the definition of financial obligation, before "SEC" (wherever occurring) insert "the former";
(g)insert the following definitions—
"former SEC has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958;
former SEC company means SECV Superannuation Pty Ltd, Energy Information Technology Company Pty Ltd, Utilities Insurance Company Pty Ltd or SECV International Pty Ltd;";
(h)for the definition of generation company substitute—
"generation company means a generation company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;";
(i)in the definition of liabilities, before "SEC," insert "the former";
(j)in the definition of LYB Transaction Implementation Agreement, before "SEC," insert "the former";
(k)at the foot of the definition of public distribution company insert—
"Note
See the definition of distribution company which excludes distribution companies that were not licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.";
(l)at the foot of the definition of public generation company insert—
"Note
See the definition of generation company which excludes generation companies that were not licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.";
(m)at the foot of the definition of public transmission company insert—
"Note
See the definition of transmission company which excludes transmission companies that were not licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.";
(n)in the definition of transferred property—
(i)before "SEC" (where first occurring) insert "the former";
(ii)before "SEC" (where secondly occurring) insert "former";
(iii)after "62AA" insert "as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024";
(o)in the definition of transferee—
(i)before "SEC" insert "former";
(ii)after "62AA" insert "as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024";
(p)for the definition of transmission company substitute—
"transmission company means a transmission company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;";
(r)in paragraph (a) of the definition of undertaker, before "SEC" insert "the former";
(s)the definitions of SEC, SEC company and SEC instrument are repealed.
28Subsidiary
(1)In section 4(1) of the Electricity Industry (Residual Provisions) Act 1993 omit ", SEC" (where twice occurring).
(2)Section 4(2) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
29Directions
Section 26(4) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
30Payments in respect of financial obligations
(1)In section 29(1) of the Electricity Industry (Residual Provisions) Act 1993—
(a)in paragraph (a), before "SEC;" insert "the former";
(b)in paragraph (b), after "Part 5" insert "as in force immediately before the commencement of section 52 of the State Electricity Commission Amendment Act 2024";
(c)in paragraph (c), before "SEC" insert "the former";
(d)in paragraph (d), before "SEC" insert "the former".
(2)Section 29(3) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
31Corporate plan
Section 35(13) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
32Statement of corporate intent: contents
Section 36(2) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
33Electricity corporations to act in accordance with corporate plan
Section 36A(3) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
34Non-commercial functions
Section 37(6) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
35Dividends
(1)Section 38(1) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
(2)In section 38(3)(b) of the Electricity Industry (Residual Provisions) Act 1993—
(a)for "the SEC or another" substitute "a";
(b)omit "SEC or" (where secondly occurring).
36Section 42AA substituted
For section 42AA of the Electricity Industry (Residual Provisions) Act 1993 substitute—
"42AA Definition
In this Part—
electricity corporation means—
(a)VPX; or
(b)a distribution company; or
(c)a transmission company; or
(d)a generation company.".
37Certain rights deemed to be easements appurtenant to lands of electricity corporation
In section 43(1) of the Electricity Industry (Residual Provisions) Act 1993—
(a)before "SEC" insert "the former";
(b)for "State Electricity Commission Act 1958" substitute "Former SEC (Residual Provisions) Act 1958 as in force immediately before the commencement of section 21 of the State Electricity Commission Amendment Act 2024".
38Section 47A amended
(1)Insert the following heading to section 47A of the Electricity Industry (Residual Provisions) Act 1993—
"Application of Mineral Resources Development Act 1990 to generation companies".
(2)In section 47A(3) of the Electricity Industry (Residual Provisions) Act 1993 omit "or SEC".
39Functions and powers
In section 51 of the Electricity Industry (Residual Provisions) Act 1993—
(a)omit ", the State Electricity Commission Act 1958";
(b)after "other Act" insert "(other than the Former SEC (Residual Provisions) Act 1958)".
40Delegation
In section 52 of the Electricity Industry (Residual Provisions) Act 1993—
(a)omit ", the State Electricity Commission Act 1958";
(b)after "other Act" insert "(other than the Former SEC (Residual Provisions) Act 1958)".
41Directions
Section 53(4) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
42Sections 62, 62A and 62AA repealed
Sections 62, 62A and 62AA of the Electricity Industry (Residual Provisions) Act 1993 are repealed.
43Certificate of Administrator
(1)In section 63(1) of the Electricity Industry (Residual Provisions) Act 1993—
(a)for "SEC specified in the certificate has" substitute "the former SEC specified in the certificate have";
(b)for "an electricity corporation or" substitute "a former";
(c)in paragraph (b) omit "corporation or".
(2)In section 63(3)(b) of the Electricity Industry (Residual Provisions) Act 1993, for "an electricity corporation, SEC company," substitute "a".
44New section 63AA inserted
After section 63 of the Electricity Industry (Residual Provisions) Act 1993 insert—
"63AA Certificate of Minister
(1)On and after the commencement of section 42 of the State Electricity Commission Amendment Act 2024, the Minister may sign a certificate certifying that property, rights or liabilities of the former SEC specified in the certificate, have been allocated under an allocation statement made under this Part as in force immediately before that commencement, to a former SEC company so specified or person or persons.
(2)A certificate signed under subsection (1) is conclusive evidence that the property, rights or liabilities have been allocated as specified in the certificate.
(3)A certificate signed by the Minister under subsection (1) does not affect the validity of a certificate that has been issued under section 63.".
45Division 1A of Part 5 repealed
Division 1A of Part 5 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
46Sections 64, 65, 66, 66A, 67, 68, 69, 70, 71 and 71A repealed
Sections 64, 65, 66, 66A, 67, 68, 69, 70, 71 and 71A of the Electricity Industry (Residual Provisions) Act 1993 are repealed.
47Interests in land
(1)In section 72 of the Electricity Industry (Residual Provisions) Act 1993, before "SEC" (where first occurring) insert "the former".
(2)In section 72(b) of the Electricity Industry (Residual Provisions) Act 1993, before "SEC" insert "the former".
48Amendment of Register
In section 73(1) of the Electricity Industry (Residual Provisions) Act 1993, before "Administrator," insert "Minister or".
49Taxes
(1)In section 74(a) of the Electricity Industry (Residual Provisions) Act 1993—
(a)before "SEC" (where first occurring) insert "the former";
(b)for "an electricity corporation or" substitute "a former";
(c)for "62AA; or" substitute "62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024.".
(2)Section 74(b) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
(3)At the end of section 74 of the Electricity Industry (Residual Provisions) Act 1993 insert—
"(2)This section applies to an act or transaction referred to in subsection (1) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the State Electricity Commission Amendment Act 2024.".
50Section 75 repealed
Section 75 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
51Validity of things done under this Act
(1)In section 76(1) of the Electricity Industry (Residual Provisions) Act 1993—
(a)before "SEC" (where first occurring) insert "the former";
(b)for "an electricity corporation or" substitute "a former";
(c)after "62AA" insert "as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024";
(d)in paragraph (a)—
(i)before "SEC" insert "the former";
(ii)omit "corporation or";
(iii)after "62AA" insert "as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024".
(2)In section 76(2) of the Electricity Industry (Residual Provisions) Act 1993—
(a)before "SEC" insert "the former";
(b)for "State Electricity Commission" substitute "Former SEC (Residual Provisions)".
(3)After section 76(2) of the Electricity Industry (Residual Provisions) Act 1993 insert—
"(3)This section applies to an act or transaction referred to in subsection (1) or (2) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the State Electricity Commission Amendment Act 2024.".
52Division 3 of Part 5 repealed
Division 3 of Part 5 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
53Part 6 repealed
Part 6 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
54Reports to Treasurer
In section 84C of the Electricity Industry (Residual Provisions) Act 1993 for ", VPX, a public distribution company, public transmission company or a public generation company" substitute "or VPX".
55Section 86 repealed
Section 86 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
56Treasurer may give guarantee
(1)In section 90(1) of the Electricity Industry (Residual Provisions) Act 1993—
(a)for ", VPX, a public distribution company, public transmission company or a public generation company" substitute "or VPX";
(b)for ", VPX or a public distribution company, public transmission company or public generation company" substitute "or VPX".
(2)In section 90(3) of the Electricity Industry (Residual Provisions) Act 1993, for ", VPX, a public distribution company, public transmission company or a public generation company" substitute "or VPX".
57Section 91 repealed
Section 91 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
58Section 91AC repealed
Section 91AC of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
59Section 115 repealed
Section 115 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
60Validity of things done under this Part
In section 129(2) of the Electricity Industry (Residual Provisions) Act 1993, for "State Electricity Commission" substitute "Former SEC (Residual Provisions)".
61Section 133 repealed
Section 133 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
62Definitions
In section 153A(1) of the Electricity Industry (Residual Provisions) Act 1993 insert the following definition—
"SEC means the former SEC;
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
63Validity of things done under this Part
In section 153O(2) of the Electricity Industry (Residual Provisions) Act 1993, for "State Electricity Commission" substitute "Former SEC (Residual Provisions)".
64Sections 153TP and 153TZG repealed
Sections 153TP and 153TZG of the Electricity Industry (Residual Provisions) Act 1993 are repealed.
65Sections 153V and 153W repealed
Sections 153V and 153W of the Electricity Industry (Residual Provisions) Act 1993 are repealed.
66Application of Part
In section 156 of the Electricity Industry (Residual Provisions) Act 1993 omit "SEC,".
67Section 158BA repealed
Section 158BA of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
68New Division 1AA inserted in Part 14
After the heading to Part 14 of the Electricity Industry (Residual Provisions) Act 1993 insert—
"Division 1AA—Definition
183AADefinition
In this Part—
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
69Section 185 repealed
Section 185 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
70Issue of Crown grant
In section 195(1) of the Electricity Industry (Residual Provisions) Act 1993—
(a)for "224," substitute "224 or";
(b)omit "or the State Electricity Commission of Victoria".
71New Division 1AA inserted in Part 15
After the heading to Part 15 of the Electricity Industry (Residual Provisions) Act 1993 insert—
"Division 1AA—Definition
198AADefinition
In this Part—
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
72Issue of Crown grant
In section 204(1) of the Electricity Industry (Residual Provisions) Act 1993 omit "or SEC".
73New Division 1AA inserted in Part 16
After the heading to Part 16 of the Electricity Industry (Residual Provisions) Act 1993 insert—
"Division 1AA—Definition
207AADefinition
In this Part—
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
74Surrender of land to Crown
In section 207(a)(iii) of the Electricity Industry (Residual Provisions) Act 1993, after "209" insert "as in force immediately before the commencement of section 75 of the State Electricity Commission Amendment Act 2024".
75Section 209 repealed
Section 209 of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
76Issue of Crown grant
In section 216(1) of the Electricity Industry (Residual Provisions) Act 1993 omit "SEC,".
77Schedule 3 amended
After the heading to Schedule 3 to the Electricity Industry (Residual Provisions) Act 1993 insert—
"Definition
In this Schedule—
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
78Schedule 3A amended
After the heading to Schedule 3A to the Electricity Industry (Residual Provisions) Act 1993 insert—
"Definition
In this Schedule—
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
79Schedule 3B amended
After the heading to Schedule 3B to the Electricity Industry (Residual Provisions) Act 1993 insert—
"Definition
In this Schedule—
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
80Schedule 3C amended
After the heading to Schedule 3C to the Electricity Industry (Residual Provisions) Act 1993 insert—
"Definition
In this Schedule—
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
PART 4—AMENDMENT OF OTHER ACTS
Division 1—Alcoa (Portland Aluminium Smelter) Act 1980
81New section 2A inserted
After section 2 of the Alcoa (Portland Aluminium Smelter) Act 1980 insert—
"2A Construction of references to State Electricity Commission of Victoria
On and from the commencement of section 8 of the State Electricity Commission Amendment Act 2024, a reference to the State Electricity Commission of Victoria in this Act is a reference to the State Electricity Commission of Victoria in existence immediately before the commencement of that section.
Notes
1 See section 114 of the Former SEC (Residual Provisions) Act 1958.
2 Section 4(1) provides that the Agreement is in force as though its provisions had been expressly enacted in this Act.".
Division 2—Electricity Industry Act 2000
82Definitions
In section 3 of the Electricity Industry Act 2000, the definition of SEC is repealed.
83Application of Part
In section 8 of the Electricity Industry Act 2000, omit "SEC and".
Division 3—Electricity Safety Act 1998
84Constitution of Committee
In section 87(8) of the Electricity Safety Act 1998, for "State Electricity Commission Act 1958" substitute "Former SEC (Residual Provisions) Act 1958".
85Transitional provisions—electrical contractors and mechanics
In section 160 of the Electricity Safety Act 1998, for "State Electricity Commission Act 1958" (where twice occurring) substitute "Former SEC (Residual Provisions) Act 1958".
86Transitional provision—electrical equipment
In section 161 of the Electricity Safety Act 1998, for "State Electricity Commission Act 1958" (where twice occurring) substitute "Former SEC (Residual Provisions) Act 1958".
87Transitional provision—urban area
In section 162 of the Electricity Safety Act 1998, for "State Electricity Commission Act 1958" (where twice occurring) substitute "Former SEC (Residual Provisions) Act 1958".
88Statute law revision
In section 122(3)(c) of the Electricity Safety Act 1998, for "6 p.m," substitute "6 p.m.,".
Division 4—Emergency Services Superannuation Act 1986
89Transfer of assets in respect of VEISF beneficiaries
In section 22B(1) of the Emergency Services Superannuation Act 1986, for the definition of Victorian Electricity Industry Superannuation Fund substitute—
"Victorian Electricity Industry Superannuation Fund means the fund referred to in section 84(1) of the Electricity Industry (Residual Provisions) Act 1993 as in force immediately before the commencement of section 53 of the State Electricity Commission Amendment Act 2024.".
Division 5—Essential Services Act 1958
90Definitions
In section 3 of the Essential Services Act 1958, in the definition of essential service, omit "the State Electricity Commission of Victoria,".
Division 6—Estate Agents Act 1980
91Act not to apply to Government Departments etc.
In section 5(1)(b) of the Estate Agents Act 1980, omit "the State Electricity Commission of Victoria,".
92Statute law revision
In section 6(2)(d) of the Estate Agents Act 1980, for "Zealand" substitute "Zealand;".
Division 7—Forests (Wood Pulp Agreements) Act 1974
93Ratification etc. of Agreement
For section 5(2)(b)(iii) of the Forests (Wood Pulp Agreements) Act 1974 substitute—
"(iii)the Former SEC (Residual Provisions) Act 1958;".
Division 8—Gas Industry (Residual Provisions) Act 1994
94Certificate of chief executive officer
In section 71(7)(a) of the Gas Industry (Residual Provisions) Act 1994, for "State Electricity Commission Act 1958" substitute "Electricity Industry (Residual Provisions) Act 1993".
95Certificate of chief executive officer
In section 115D(7)(a) of the Gas Industry (Residual Provisions) Act 1994, for "State Electricity Commission Act 1958" substitute "Electricity Industry (Residual Provisions) Act 1993".
Division 9—Land Act 1958
96Covenants conditions etc. of lease or licence
In section 335 of the Land Act 1958, for "State Electricity Commission Act 1958" substitute "Former SEC (Residual Provisions) Act 1958".
Division 10—Loy Yang B Act 1992
97New section 3A inserted
After section 3 of the Loy Yang B Act 1992 insert—
"3A Construction of references to State Electricity Commission of Victoria
On and from the commencement of section 8 of the State Electricity Commission Amendment Act 2024, a reference to the State Electricity Commission of Victoria in this Act is a reference to the State Electricity Commission of Victoria in existence immediately before the commencement of that section, unless the context otherwise requires.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
Division 11—Melbourne City Link Act 1995
98Definitions
In section 3 of the Melbourne City Link Act 1995—
(a)the definition of electricity corporation is repealed;
(b)in the definition of public authority, paragraph (e) is repealed.
Division 12—Mines (Aluminium Agreement) Act 1961
99Interpretation
After section 2(ac) of the Mines (Aluminium Agreement) Act 1961 insert—
"(ad)former SEC has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958;".
100Ratification etc. and enforcement of Agreement and modification of Acts etc.
In section 4(2)(b)(iv) of the Mines (Aluminium Agreement) Act 1961, for "State Electricity Commission" substitute "Former SEC (Residual Provisions)".
101Easements for transmission of electricity
At the end of section 8 of the Mines (Aluminium Agreement) Act 1961 insert—
"(2)In this section—
State Electricity Commission means the former SEC.".
Division 13—National Parks Act 1975
102Definitions
In section 3(2) of the National Parks Act 1975, omit "SEC,".
103Operations in the Alpine National Park
In section 30A(1) of the National Parks Act 1975, omit "SEC,".
Division 14—Port Management Act 1995
104Definitions
In section 3(1) of the Port Management Act 1995—
(a)in the definition of port property—
(i)before "SEC" insert "the former";
(ii)for "State Electricity Commission Act 1958" substitute "Former SEC (Residual Provisions) Act 1958";
(b)the definition of SEC is repealed;
(c)insert the following definition—
"former SEC has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958;".
105Definitions
In section 99(1) of the Port Management Act 1995—
(a)in the definition of port authority, before "SEC" insert "the former";
(b)in the definition of transferor, before "SEC" insert "the former".
106Definitions
After section 153(2) of the Port Management Act 1995 insert—
"(3)On and from the commencement of section 8 of the State Electricity Commission Amendment Act 2024, a reference to the SEC in this Part is a reference to the State Electricity Commission of Victoria in existence immediately before the commencement of that section.".
Division 15—Port Melbourne (Aircraft Agreement) Land Act 1937
107Section 7 repealed
Section 7 of the Port Melbourne (Aircraft Agreement) Land Act 1937 is repealed.
Division 16—Public Authorities (Dividends) Act 1983
108Definitions
In section 4(1) of the Public Authorities (Dividends) Act 1983, in the definition of public authority, paragraph (d) is repealed.
Division 17—Snowy Hydro Corporatisation Act 1997
109Section 16 repealed
Section 16 of the Snowy Hydro Corporatisation Act 1997 is repealed.
Division 18—Subdivision Act 1988
110What does this Act apply to?
In section 4(8) of the Subdivision Act 1988, for "State Electricity Commission Act 1958" substitute "Former SEC (Residual Provisions) Act 1958 as in force immediately before the commencement of section 14 of the State Electricity Commission Amendment Act 2024".
Division 19—Treasury Corporation of Victoria Act 1992
111Definitions
In section 36A of the Treasury Corporation of Victoria Act 1992, in the definition of public authority, omit "the State Electricity Commission of Victoria or".
112Schedule 1 amended
In Schedule 1 to the Treasury Corporation of Victoria Act 1992—
(a)in Column 1, omit "State Electricity Commission of Victoria";
(b)in Column 2, omit "State Electricity Commission Act 1958".
Division 20—Westernport Development Act 1967
113New section 2A inserted
After section 2 of the Westernport Development Act 1967 insert—
"2A Construction of references to State Electricity Commission of Victoria
On and from the commencement of section 8 of the State Electricity Commission Amendment Act 2024, a reference to the State Electricity Commission of Victoria in this Act is a reference to the State Electricity Commission of Victoria in existence immediately before the commencement of that section.
Note
See section 114 of the Former SEC (Residual Provisions) Act 1958.".
Division 21—Wrongs (Public Contracts) Act 1981
114Interpretations
In section 2(1) of the Wrongs (Public Contracts) Act 1981, in the definition of Major public works, in paragraph (a), omit "which is referred to in section 15(6) of the State Electricity Commission Act 1958".
PART 5—REPEAL OF THIS ACT
115Repeal of this Act
This Act is repealed on 14 November 2025.
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: 16 November 2023
Legislative Council: 7 March 2024
The long title for the Bill for this Act was "A Bill for an Act to amend the State Electricity Commission Act 1958 to abolish the State Electricity Commission of Victoria established by that Act, to make related amendments to that Act and other Acts and for other purposes."
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