Untitled document

Energy Legislation (Miscellaneous Amendments) Act 2006

Act No. 31/2006

table of provisions

Section  Page

Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Amendment of Electricity Industry Act 2000

3.Repeal of sections 11, 12(1)(b)(ii) and 12(2)

4.Supplier of last resort

Part 3—Amendment of Gas Industry Act 2001

5.Supplier of last resort

Part 4—Amendment of Gas Safety Act 1997

6.False labelling in relation to Type A appliances

7.Power of inspector to require information or documents

8.Definitions

9.Regulations

Part 5—Amendment of Local Government Act 1989

10.Sewers, pipes, wires etc. of public authorities not affected

11.Consequential amendment to Local Government Act 1989

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EndnoteS

Energy Legislation (Miscellaneous Amendments) Act 2006

[Assented to 13 June 2006]

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1.Purposes

The purposes of this Act are—

(a)to amend the Electricity Industry Act 2000 to repeal the provisions relating to the conferral of power on the ACCC in relation to transmission pricing and to amend the supplier of last resort provisions; and

(b)to amend the Gas Industry Act 2001 in relation to the supplier of last resort provisions; and

(c)to amend the Gas Safety Act 1997 to improve the operation of that Act; and

(d)to amend section 207C of the Local Government Act 1989 to define a public authority as including certain private entities.

2.Commencement

(1)This Act, other than section 11, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Section 11 comes into operation on the day on which section 213 of the Pipelines Act 2005 comes into operation.

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Part 2—Amendment of Electricity Industry Act 2000

3.Repeal of sections 11, 12(1)(b)(ii) and 12(2)

Sections 11, 12(1)(b)(ii) and 12(2) of the Electricity Industry Act 2000 are repealed.

4.Supplier of last resort

(1)In section 27 of the Electricity Industry Act 2000—

(a)in sub-sections (1), (7) and (9), for "customers" (wherever occurring) substitute "relevant customers";

(b)in sub-sections (5) and (10A), for "a customer" substitute "a relevant customer".

(2)After section 27(13) of the Electricity Industry Act 2000 insert—

'(14)The Governor in Council may, by Order published in the Government Gazette, declare that a person or a class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers.

(15)An Order under sub-section (14) may specify a class of persons by reference to all or any of the following—

(a)the person authorised to sell the electricity;

(b)the purpose for which the electricity is used;

(c)the quantity of electricity used;

(d)the period of use;

(e)the place of supply;

(f)any other specified factor relevant to the sale of electricity.

(16)An Order under sub-section (14) may confer powers and functions on, and leave any matter to be decided by, the Commission.

(17)In this section "relevant customer" means a person, or a member of a class of persons, to whom an Order under sub-section (14) applies.'.

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Part 3—Amendment of Gas Industry Act 2001

5.Supplier of last resort

(1)In section 34 of the Gas Industry Act 2001—

(a)in sub-sections (1), (8) and (10), for "customers" (wherever occurring) substitute "relevant customers";

(b)in sub-sections (5) and (11A), for "a customer" substitute "a relevant customer".

(2)After section 34(14) of the Gas Industry Act 2001 insert—

'(15)The Governor in Council may, by Order published in the Government Gazette, declare that a person or a class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers.

(16)An Order under sub-section (15) may specify a class of persons by reference to all or any of the following—

(a)the person authorised to sell the gas;

(b)the purpose for which the gas is used;

(c)the quantity of gas used;

(d)the period of use;

(e)the place of supply;

(f)any other specified factor relevant to the sale of gas.

(17)An Order under sub-section (15) may confer powers and functions on, and leave any matter to be decided by, the Commission.

(18)In this section "relevant customer" means a person, or a member of a class of persons, to whom an Order under sub-section (15) applies.'.

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Part 4—Amendment of Gas Safety Act 1997

6.False labelling in relation to Type A appliances

In section 71B of the Gas Safety Act 1997, after "affix" insert "or cause to be affixed".

7.Power of inspector to require information or documents

(1)In section 99(1)(c) of the Gas Safety Act 1997 for "case." substitute "case; or".

(2)After section 99(1)(c) of the Gas Safety Act 1997 insert—

"(d)determining compliance with this Act or the regulations.".

(3)After section 99(1) of the Gas Safety Act 1997 insert—

"(1A)An inspector must obtain the prior written consent of Energy Safe Victoria before each exercise of a power under this section for the purpose of determining compliance with this Act or the regulations.".

(4)In section 99(3) of the Gas Safety Act 1997, after "sub-section (2)" insert "for a purpose set out in sub-section (1)(a), (1)(b) or (1)(c)".

(5)After section 99(3) of the Gas Safety Act 1997 insert—

"(4)A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under sub-section (2) for the purpose of determining compliance with this Act or the regulations.

Penalty:In the case of a natural person, 40 penalty units;

In the case of a body corporate, 200 penalty units.".

8.Definitions

(1)Insert the following heading to section 117AB of the Gas Safety Act 1997—

"Definitions".

(2)In section 117AB of the Gas Safety Act 1997 insert the following definition—

' "inspector", in relation to an offence against section 72(1) or 72(2), includes—

(a)the Plumbing Industry Commissioner appointed under Part 12A of the Building Act 1993; and

(b)a plumbing inspector appointed under Part 12A of the Building Act 1993;'.

9.Regulations

After section 118(1)(w) of the Gas Safety Act 1997 insert—

"(wa)empowering Energy Safe Victoria to exempt a class or classes of persons from the requirement to undertake the testing of gas;".

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Part 5—Amendment of Local Government Act 1989

10.Sewers, pipes, wires etc. of public authorities not affected

After section 207C(3) of the Local Government Act 1989 insert—

'(4)In this section "public authority" includes—

(a)any person who is a licensee within the meaning of the Electricity Industry Act 2000 or the Gas Industry Act 2001; and

(b)any person who under the Pipelines Act 1967 is—

(i)permitted to own or use a pipeline; or

(ii)licensed to construct or operate a pipeline.'.

11.Consequential amendment to Local Government Act 1989

For section 207C(4)(b) of the Local Government Act 1989 substitute—

"(b)any person who under the Pipelines Act 2005 is the holder of a licence to construct and operate a pipeline.".

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 4 May 2006

Legislative Council: 7 June 2006

The long title for the Bill for this Act was "to amend the Electricity Industry Act 2000, the Gas Industry Act 2001, the Gas Safety Act 1997 and the Local Government Act 1989 and for other purposes."