Untitled document

Electricity Industry Acts (Further Amendment) Act

1999

Act No. 36/1999

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	1

PART 2—ELECTRICITY INDUSTRY ACT 1993 3

3.	Enforcement Officer	3
4.	Amendment of sections 47B and 47C	3
5.	Powers of Minister	3
6.	Amendment of section 47D	5
7.	Section 47G substituted	7

47G. Immunity from suit 7

8. New sections 47H to 47M inserted 7

47H.	Powers of entry—enforcement	7
47I.	Occupier to be given copy of consent	8
47J.	Search warrant	8
47K.	Announcement before entry	9
47L.	Copy of warrant to be given to occupier	10
47M.	Person authorised by Office can bring proceedings	10

9.	New Part 3AA inserted	11
PART 3AA—INFRINGEMENT NOTICES	11

47N.	Definition	11
47O.	Power to serve a notice	12
47P.	Form of notice	12
47Q.	Infringement penalties	13
47R.	Late payment of penalty	14
47S.	Withdrawal of notice	14
47T.	Payment expiates offence	15
47U.	Payment not to have certain consequences	15
47V.	Prosecution after service of infringement notice	15
47W.	Enforcement of infringement penalty	16

10. New section 62AA inserted 16

i

Section Page

62AA. Minister may direct transfer of property 16

11.	Amendments consequential on section 10	18
12.	New section 91C inserted	18

91C. Supreme Court—limitation of jurisdiction 18

13.	VPX as transferor company	19
14.	Correction of Year 2000 figures in Tariff Order	19
SCHEDULE 4—Table substituted in Tariff Order	19
15.	Transfer of licence	20
16.	VENCorp to succeed VPX	21
17.	Company to succeed statutory corporation	21
18.	Part 2A substituted	21
PART 2A—ELECTRICITY TRANSMISSION	21

41A. Electricity transmission 22

19. Further amendments to Electricity Industry Act 1993 22

PART 3—ELECTRICITY SAFETY ACT 1998 23

20.	Enforcement officers	23
21.	Power to give directions	24
22.	Sections 141A and 141B inserted	24

141A.	Additional powers in emergencies	24
141B.	Delegation by chief electrical inspector	25

PART 4—AMENDMENT OF OTHER ACTS 26

23.	Gas Industry (Amendment) Act 1998	26
24.	Gas Industry Act 1994	26
16CA. Functions and powers relating to electricity	26
25.	Gas Industry (Amendment) Act 1998	26
26.	Magistrates' Court Act 1989	26

56C.	Electricity Industry Act 1993	26
56D.	Electricity Safety Act 1998	26

═══════════════

NOTES 28

ii

Victoria

No. 36 of 1999

Electricity Industry Acts (Further

Amendment) Act 1999†

[Assented to 8 June 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to make certain amendments to the Electricity Industry Act 1993 and the Electricity Safety Act 1998.

2. Commencement

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999

(1) This Act, except sections 8, 16, 17, 18 and 19,

comes into operation on the day on which this Act
receives the Royal Assent.

(2) Sections 16, 17, 18 and 19 come into operation on a day or days to be proclaimed.

(3) Subject to sub-section (4), section 8 comes into

operation on a day to be proclaimed.

(4) If section 8 does not come into operation before

1 July 2000, it comes into operation on that day.

_______________
Electricity Industry Acts (Further Amendment) Act 1999

s. 3 Act No. 36/1999

PART 2—ELECTRICITY INDUSTRY ACT 1993

3. Enforcement Officer

In section 3(1) of the Electricity Industry Act
1993, insert—

' "enforcement officer" means a person

appointed as an enforcement officer under

Part 11 of the Electricity Safety Act 1998.'.

4. Amendment of sections 47B and 47C

(1) In section 47B(1) of the Electricity Industry Act

1993, for paragraph (a) substitute—
"(a) an event has occurred, or is about to occur,

which may endanger an undertaking of a
distribution company, a transmission
company or a generation company or a
person who supplies electricity to another
person or materially affect the safe,
economical or effective supply of electricity;
or".

(2) In section 47C(1) of the Electricity Industry Act

1993, for paragraph (a) substitute—
"(a) protect any undertaking of a distribution

company, a transmission company or a
generation company or a person who

supplies electricity to another person; or".

5. Powers of Minister

(1) After section 47C(1)(d) of the Electricity

Industry Act 1993 insert—

" or

(e) regulate the use of the available supply of electricity, having regard to the needs of the community.".

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 5

(2) In section 47C(2)(a) of the Electricity Industry

Act 1993 after "direct," insert "authorise conduct in relation to,".

(3) After section 47C(3)(c) of the Electricity

Industry Act 1993 insert—

"; and

(d) subject to sub-section (6A), takes effect when made or, if a later time is specified in the direction, at that later time; and

(e) has effect as if enacted in this Act.".

(4) In section 47C(4) of the Electricity Industry Act

1993, after "direction" insert "including a
direction under sub-section (6)".

(5) In section 47C of the Electricity Industry Act

1993, for sub-section (6) substitute—

"(6) The Minister may at any time by direction

under this section amend or revoke a
direction made, or purportedly made, under
this section or may return requisitioned
property.

(6A) If a direction of the Minister under sub-

section (6) amending an earlier direction for
the purpose of correcting a defect, mistake or
omission—

(a)	includes the statement that the earlier direction is deemed to have been made as so amended; and
(b)	is made not later than 3 months after the earlier direction was made—

the earlier direction is deemed to have been

made as so amended.".

(6) In section 47C(10) of the Electricity Industry

Act 1993—

Electricity Industry Acts (Further Amendment) Act 1999

s. 6 Act No. 36/1999

(a)	for "The revocation" substitute "The amendment, revocation";
(b)	in paragraphs (b) and (c), after "direction" insert "before the amendment, revocation or expiry".

6. Amendment of section 47D

In section 47D of the Electricity Industry Act
1993, for sub-sections (7), (8) and (9)
substitute—

'(7) A person must not contravene sub-section

(1), (2) or (3).

Penalty:  in the case of a natural person,
100 penalty units.
in the case of a body corporate,
10 000 penalty units.

(8) An offence by a body corporate under sub- section (7) is an indictable offence.

(9) If an offence is committed by a person by

reason of a failure to comply, within the period specified in a direction under sub- section (1), with the requirements specified
in the direction, the offence, for the purposes of sub-section (10) is deemed to continue so long as any requirement specified in the
direction remains undone, whether or not the

period has elapsed.

(10) If, under sub-section (9), an offence is

deemed to continue, the person who
committed the offence commits an additional
offence on each day during which the
offence is deemed to continue and is liable,
upon conviction for such an additional
offence, to a penalty not exceeding one tenth
of the penalty for the first-mentioned
offence.

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 6

(11) If a body corporate commits an offence

against this section, any officer of the body
corporate who was in any way, by act or
omission, directly or indirectly knowingly
concerned in or party to the commission of
the offence is also guilty of that offence and
liable to the penalty for it.

(12) An offence under sub-section (11) is an indictable offence.

(13) A person may be proceeded against and

convicted under a provision in accordance
with sub-section (11) whether or not the
body corporate has been proceeded against
or convicted under that provision.

(14) If in a proceeding for an offence against this

section it is necessary to establish the
intention of a body corporate, it is sufficient
to show that a servant or agent of the body
corporate had that intention.

(15) In sub-section (11), "officer", in relation to a body corporate, means—

(a)	a director, secretary or executive officer of the body corporate; or
(b)	any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to

act; or

(c) a person concerned in the management of the body corporate.

(16) If this section provides that a person is guilty

of an offence, that reference to a person
must—

(a) in the case of a partnership, be read as a reference to each member of the partnership; and

Electricity Industry Acts (Further Amendment) Act 1999

s. 7 Act No. 36/1999

(b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.'.

7. Section 47G substituted

For section 47G of the Electricity Industry Act

1993 substitute—

"47G. Immunity from suit

A person acting in good faith in the done under this Part or any proclamation or direction under this Part.".

execution of this Part or any proclamation or
direction under this Part is not liable to any
action, claim or demand on account of any
damage, loss or injury sustained or alleged to
be sustained because of the operation of this

8. New sections 47H to 47M inserted

After section 47G of the Electricity Industry Act

1993 insert—

'47H. Powers of entry—enforcement

(1) If an enforcement officer has reasonable

grounds for suspecting that there is on any
land or premises a particular thing that may
be evidence of the commission of an offence
against this Part, the enforcement officer
may—

(a) enter the land or premises; and
(b) search for the thing.

(2) An enforcement officer must not enter land or premises under this section except—

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 8

(a) with the written consent of the occupier of the land or premises; or

(b) under the authority of a search warrant.

47I. Occupier to be given copy of consent

(1) An occupier who consents in writing to entry

of his or her land or premises under section
47H must be given a copy of the signed
consent immediately.

(2) If, in any proceeding, a written consent is not

produced to the court, it must be presumed,
until the contrary is proved, that the occupier
did not consent to the entry and search.

47J. Search warrant

(1) An enforcement officer may apply to a

magistrate for the issue of a search warrant in relation to particular land or premises if the enforcement officer believes on
reasonable grounds that there is, or may be
within the next 72 hours, on the land or
premises a particular thing that may be
evidence of the commission of an offence
against this Part.

(2) A magistrate may issue a search warrant

under this section if the magistrate is
satisfied by evidence on oath, whether oral
or by affidavit, that there are reasonable
grounds for suspecting that there is, or may
be within the next 72 hours, on land or
premises a particular thing that may be
evidence of the commission of an offence
against this Part.

(3) The search warrant may authorise an

enforcement officer named in the warrant and any assistants the enforcement officer considers necessary—

Electricity Industry Acts (Further Amendment) Act 1999

s. 8 Act No. 36/1999

(a)	to enter the land or premises, or part of the land or premises, named or described in the warrant; and
(b)	to search for the thing named or described in the warrant.

(4) In addition to any other requirement, a

search warrant issued under this section must
state—

(a) the offence suspected; and

(b) the land or premises to be searched; and

(c)	a description of the thing for which the search is to be made; and
(d)	any conditions to which the warrant is subject; and
(e)	whether entry is authorised to be made at any time or during stated hours; and
(f)	a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(5) A search warrant must be issued in

accordance with the Magistrates' Court Act
1989 and in the form prescribed under that

Act.

(6) The rules to be observed with respect to search warrants mentioned in the apply to warrants under this section.

47K. Announcement before entry

(1) Before executing a search warrant, the

enforcement officer named in the warrant or
a person assisting the enforcement officer
named in the warrant must—

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 8

(a)	announce that he or she is authorised by the warrant to enter the land or premises; and
(b)	give any person at the land or premises an opportunity to allow entry to the land or premises.

(2) The enforcement officer or a person assisting

the enforcement officer need not comply
with sub-section (1) if he or she believes on
reasonable grounds that immediate entry to
the land or premises is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

47L. Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at the land or premises when a search warrant is being executed, the enforcement officer must—

(a)	identify himself or herself to that person by producing his or her identity card for inspection by that person; and
(b)	give to that person a copy of the execution copy of the warrant.

47M. Person authorised by Office can bring

proceedings

(1) A person authorised by the Office of the

Chief Electrical Inspector either generally or in a particular case to bring proceedings for an offence against this Part, may bring those proceedings.

(2) If proceedings referred to in sub-section (1)
are brought by a person authorised to do so,

Electricity Industry Acts (Further Amendment) Act 1999

s. 9 Act No. 36/1999

the proceedings may be conducted by any
other person authorised by the Office of the
Chief Electrical Inspector to bring
proceedings of that kind.

(3) All courts must take judicial notice of the

fact that a person is authorised by the Office
of the Chief Electrical Inspector to bring
proceedings referred to in sub-section (1) or
conduct proceedings under sub-section (2),
as the case requires.

(4) In this section "Office of the Chief

Electrical Inspector" means the Office of the Chief Electrical Inspector established under Part 2 of the Electricity Safety Act 1998.'.

9. New Part 3AA inserted

Before Part 4 of the Electricity Industry Act

1993 insert—

'PART 3AA—INFRINGEMENT NOTICES

47N. Definition

(1) In this Part—

"prescribed offence" means an offence

against section 47D(7) constituted by
the use of electricity by a person in
contravention of a direction under
section 47C of which the person is

aware and which applies to the person.

(2) A person is deemed to be aware of a

direction if the Minister has caused—

(a) the direction to be published in a newspaper circulating in the area in which the direction applies; or

Electricity Industry Acts (Further Amendment) Act 1999

s. 9
s. 9

Act No. 36/1999

(b) details of the direction to be broadcast by means of radio or television transmission in the area in which the direction applies.

(3) In any proceedings for a prescribed offence against this section, a certificate purporting to be signed by the Minister to the effect that

details of a direction were broadcast by
means of radio or television transmission in
a particular area on a specified day is prima
facie evidence of the facts set out in the
certificate.

(4) In any proceedings for a prescribed offence against this section, it is sufficient defence for the defendant to prove that at the time of

the commission of the offence, the

defendant—

(a) did not know; and

(b) could not reasonably have known—

of the direction.

47O. Power to serve a notice

(1) An enforcement officer may serve an

infringement notice on any person that he or
she has reason to believe has committed a

prescribed offence.

(2) An infringement notice may be served on a

person—

(a)	by delivering it personally to the person; or
(b)	by sending it by post addressed to the person's last known place of residence or business.

47P. Form of notice

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999

An infringement notice must state—

(a) the date of the notice;

(b) that section 47N creates the offence;

(c)	the nature, and a brief description, of the alleged offence;
(d)	the date, time and place of the alleged offence;
(e)	the infringement penalty for the alleged offence;
(f)	the manner in which the infringement penalty may be paid;
(g)	the time (being not less than 28 days after the date on which the notice is served) within which the infringement

penalty must be paid;

(h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served;

(i)  that the person is entitled to disregard the notice and defend any proceedings in respect of the offences in the

Magistrates' Court;

(j) any other prescribed particulars.

47Q. Infringement penalties

The infringement penalty for an offence against a prescribed offence is $500 in the case of a natural person and $1000 in the case of a body corporate.

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 9

47R. Late payment of penalty

An enforcement officer may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—

(a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court

Act 1989 in respect of the offence to which the infringement penalty relates; and

(b) the infringement notice has not been withdrawn.

47S. Withdrawal of notice

(1) An enforcement officer may withdraw an

infringement notice at any time within
28 days after the date on which the notice
was served by serving a withdrawal notice
on the person served with the infringement
notice.

(2) A withdrawal notice may be served on a

person—

(a)	by delivering it personally to the person; or
(b)	by sending it by post addressed to the person's last known place of residence or business.

(3) An infringement notice may be withdrawn

even if the infringement penalty has been
paid.

(4) If an infringement notice is withdrawn, the

amount of any infringement penalty paid
must be refunded and the Consolidated Fund

Electricity Industry Acts (Further Amendment) Act 1999

s. 9 Act No. 36/1999

is, to the necessary extent, appropriated

accordingly.

47T. Payment expiates offence

If an infringement notice is not withdrawn and the infringement penalty is paid within the time for payment stated in the notice or is

accepted in accordance with section 47R

then—

(a)	the person on whom the notice was served has expiated the offence by that payment; and
(b)	no proceedings may be taken against that person in respect of that offence; and
(c)	no conviction is to be taken to have been recorded against that person for that offence.

47U. Payment not to have certain consequences

(1) The payment of an infringement penalty

under this Part is not and must not be taken
to be—

(a)	an admission of guilt in relation to the offence; or
(b)	an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the
payment does not in any way affect or prejudice any such claim or proceeding.

(2) The payment of an infringement penalty

under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for an offence.

47V. Prosecution after service of infringement

notice

Electricity Industry Acts (Further Amendment) Act 1999

s. 10
s. 10

Act No. 36/1999

A charge may be filed in respect of an offence to which an infringement notice relates if—

(a) the infringement penalty has not been paid within the time for payment stated in the notice or in accordance with section 47R; or

(b) the notice is withdrawn.

47W. Enforcement of infringement penalty

Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 of the Magistrates' Court Act

1989 if—

(a)

the infringement notice is an of Schedule 7 to that Act; and

(b) the infringement penalty has not been paid within the time stated in the notice or in accordance with section 47R; and

(c) the notice has not been withdrawn; and

(d) a charge has not been filed in accordance with section 47V.'.

10. New section 62AA inserted

After section 62A of the Electricity Industry Act

1993 insert—

'62AA. Minister may direct transfer of property

(1) The Minister may give a direction in writing

to SEC directing it to transfer property,
rights and liabilities of a specified kind to the
State or a person or persons nominated in

Electricity Industry Acts (Further Amendment) Act 1999
Act No. 36/1999

writing by the Minister or to any 2 or more of the State and such a person or persons in accordance with the direction.

(2) Within 3 months after receiving a direction under sub-section (1), SEC must give to the Minister a statement approved by the

Minister relating to the property, rights and liabilities of SEC, as at a date specified by the Minister for the purposes of this section.

(3) A statement under this section—

(a) liabilities of SEC shown in the

must allocate the property, rights and directions of the Minister; and

(b) must be signed by the Administrator.

(4) If a statement under this section is approved by the Treasurer and the Minister—

(a)	the Treasurer and the Minister must sign the statement; and
(b)	the statement is an allocation statement for the purposes of this Part.

(5) The Treasurer and the Minister may at any

time direct SEC to amend a statement given to them under this section as specified in the direction.

(6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister.

(7) If the Treasurer and the Minister, with the

agreement of SEC, declare that a statement
given under this section by SEC has become
irrevocable—

(a) the statement; and
Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 11

(b) the date specified for the purposes of this section in relation to the statement—

as at the date of the declaration may not be
amended.

(8) In this section, "statement" and "allocation statement" include a statement or allocation statement amended in accordance with this

section.'.

11. Amendments consequential on section 10

In the Electricity Industry Act 1993—

(a)	in section 3(1), in the definition of "allocation day", after "section 62A(1)" insert "or specified by the Minister for the purposes of section 62AA";
(b)	in section 3(1), in the definition of "transferred property", after "62A" insert "or 62AA";
(c)	in section 3(1), in the definition of "transferee", after "62A" insert "or 62AA";
(d)	in section 66A, after "62A" (where twice occurring) insert "or 62AA";

(e) in section 68, after "62A" insert "or 62AA";

(f)	in section 74, after "62A" (where twice occurring) insert "or 62AA";
(g)	in section 76, after "62A" (where twice occurring) insert "or 62AA".

12. New section 91C inserted

After section 91B of the Electricity Industry Act

1993 insert—

"91C. Supreme Court—limitation of jurisdiction

Electricity Industry Acts (Further Amendment) Act 1999

s. 14 Act No. 36/1999

It is the intention of section 47G to alter or
vary section 85 of the Constitution Act

1975.".

13. VPX as transferor company

In the Electricity Industry Act 1993—

(a)	in section 153TQ(1), in the definition of "transferor company", for "VPX" substitute "Victorian Power Exchange Pty Ltd A.C.N. 080 200 371".
(b)	in section 153TR(2), for "VPX" substitute "Victorian Power Exchange Pty Ltd A.C.N. 080 200 371.".

14. Correction of Year 2000 figures in Tariff Order

(1) After section 158C(5) of the Electricity Industry

Act 1993 insert—
"(6) The Order in Council made under section

158C on 28 October 1997 and published in substituted the table set out in Schedule 4 of this Act.".

the Government Gazette on 30 October 1997
has effect, and is deemed always to have had
effect, as if for the table set out in Part A of

(2) After Schedule 3C of the Electricity Industry

Act 1993 insert—

"SCHEDULE 4

Section 158C(6)

TABLE SUBSTITUTED IN TARIFF ORDER
Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 15

1 July 2000–

FINANCIAL YEAR ENDING 30 JUNE 31 December
2000

Customer	1995(1)	1996	1997	1998	1999	2000
Network

VPX	149 398 216	210 073 465	214 579 919	220 481 261	224 132 134	226 325 289	114 107 095
Connection Charges Loy Yang Power Station	1 752 219	2 445 457	2 426 945	2 400 761	2 341 723	2 296 291	877 257
Loy Yang B
Power
Station	542 000	1 987 697	1 979 491	1 991 631	1 961 551	1 931 766	945 843
Hazelwood
Power
Station	1 106 274	1 533 332	1 502 967	1 494 625	1 440 586	1 386 867	658 021
Yallourn W
Power
Station	705 342	1 004 875	1 002 422	1 016 145	996 303	976 696	472 172
Newport
Power
Station	1 472 427	2 064 432	2 044 448	2 051 709	2 002 434	1 953 554	942 805
Jeeralang
Power
Station	227 820	319 418	316 325	317 449	309 825	302 262	145 875
Eildon
Power	178 192	255 657	257 933	266 632	262 004	257 469	123 414
Station
CitiPower	5 048 767	6 972 838	6 956 647	6 587 972	6 398 314	6 702 215	3 574 546
Eastern	5 835 781	8 061 822	8 040 292	7 641 417	8 038 254	8 223 657	4 385 990
Powercor	9 429 315	13 014 181	12 982 380	12 328 026	12 256 183	12 834 563	6 845 161
United	6 466 877	8 933 957	8 904 439	8 415 727	8 103 555	8 054 830	4 295 948
Solaris	4 246 904	5 859 473	5 846 522	5 538 244	5 383 449	5 669 561	3 023 793
TOTAL	186 410 134	262 526 603	266 840 731	270 531 599	273 626 315	276 915 020	140 397 921

Notes:

(1) These figures are calculated for the 9 months of the Financial Year

commencing on 3 October 1994 and ending on 30 June 1995.".

15. Transfer of licence

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999

In section 167(6) of the Electricity Industry Act

1993, for all words after paragraph (c)
substitute—
"the proposed transferee is a corporation or a

statutory authority".

16. VENCorp to succeed VPX

In the Electricity Industry Act 1993—

(a)	in section 3(1), the definition of "PoolCo" is repealed;
(b)	in section 3(1) insert— ' "VENCorp" means Victorian Energy

Networks Corporation established
under Part 2A of the Gas Industry Act

1994;';

(c) "Victorian Power Exchange" and "VPX"

in section 3(1), for the definitions of ' "Victorian Power Exchange" or "VPX"

means VENCorp;'.

17. Company to succeed statutory corporation

In section 3(1) of the Electricity Industry Act
1993, for the definition of "VENCorp"
substitute—

' "VENCorp" means Victorian Energy Networks

Corporation Pty Ltd A.C.N. 081 026 066;'.

18. Part 2A substituted

For Part 2A of the Electricity Industry Act

1993 substitute—

"PART 2A—ELECTRICITY TRANSMISSION

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 19

41A. Electricity transmission

(1) Without limiting any other functions of
VENCorp, the functions of VENCorp in

relation to the electricity industry are—

(a)	to plan, and direct the augmentation of, the electricity transmission system;
(b)	to provide information and other services to facilitate decisions for investment and the use of resources in

the electricity industry.

(2) This section has effect subject to the

National Electricity (Victoria) Law and the

National Electricity Code.".

19. Further amendments to Electricity Industry Act 1993

In the Electricity Industry Act 1993—

(a) in section 4(1), omit "VPX," (where twice occurring);

(b) in section 26(4), omit "VPX,";

(c) in section 28, omit "or VPX" (wherever occurring);

(d) in section 29(3), omit "VPX";

(e)	in sections 30, 31, 32, and 33, omit "or VPX" (wherever occurring);
(f)	in sections 35(13), 36(2), 36A(3) and 37(6), omit "VPX,";

(g) in section 38(1)—

(i) omit "and VPX";

(ii) omit "or VPX".

_______________
Electricity Industry Acts (Further Amendment) Act 1999

s. 20 Act No. 36/1999

PART 3—ELECTRICITY SAFETY ACT 1998

20. Enforcement officers

(1) In section 121(1) of the Electricity Safety Act

1998 after "this Act" insert "and the Electricity
Industry Act 1993".

(2) In section 121(4) of the Electricity Safety Act 1998 after "this Act" insert "or the Electricity Industry Act 1993".

(3) In section 121(1) of the Electricity Safety Act

1998, after "of the Office" insert "or an agent or
contractor of the Office".

(4) In section 121 of the Electricity Safety Act 1998,

for sub-section (5) substitute—
"(5) The Office must not appoint an agent or

contractor of the Office to be an enforcement
officer unless satisfied that the agent or

contractor—

(a)	is competent to exercise the functions of an enforcement officer; and
(b)	is of good repute, having regard to character, honesty and integrity; and
(c)	agrees in writing to carry out the functions of an enforcement officer in accordance with such criteria as are established from time to time by the Office.".

(5) In section 138 of the Electricity Safety Act 1998

after "this Act" insert "or the Electricity

Industry Act 1993".

(6) In section 139 of the Electricity Safety Act 1998

after "this Part" insert "or the Electricity
Industry Act 1993".

Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 21

21. Power to give directions

In section 141(2) of the Electricity Safety Act

1998, after paragraph (b) insert—

"or

(c)	to make safe an electrical installation or particular electrical equipment; or
(d)	to do any other thing necessary to make an unsafe electrical situation safe.".

22. Sections 141A and 141B inserted

After section 141 of the Electricity Safety Act

1998 insert—

"141A. Additional powers in emergencies

(1) In addition to the powers under section 141,

the chief electrical inspector may do
anything or give any direction that the chief
electrical inspector considers necessary to
make an electricity emergency situation safe.

(2) A person must comply with a direction under this section that applies to the person.

Penalty:  In the case of a natural person,
500 penalty units or 5 years
imprisonment or both;
In the case of a body corporate,
10 000 penalty units.

(3) An offence under sub-section (2) is an

indictable offence.

(4) The Office must include in its annual report for a financial year under Part 7 of the statement setting out details of each direction given by the chief electrical inspector under this section during that financial year.

Electricity Industry Acts (Further Amendment) Act 1999

s. 22 Act No. 36/1999

141B. Delegation by chief electrical inspector

The chief electrical inspector may, with the consent of the Minister, by instrument, delegate any function or power of the chief electrical inspector under section 141 or 141A to an officer or employee of the Office.".

_______________
Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 s. 23

PART 4—AMENDMENT OF OTHER ACTS

23. Gas Industry (Amendment) Act 1998

In section 36 of the Gas Industry (Amendment) Act 1998, in proposed new section 41A(3), after "functions are" insert ", subject to and in

accordance with VENCorp's licence".

24. Gas Industry Act 1994

After section 16C of the Gas Industry Act 1994 insert—

"16CA. Functions and powers relating to electricity

VENCorp has the functions and powers
conferred on it under the Electricity

Industry Act 1993.".

25. Gas Industry (Amendment) Act 1998

In the Gas Industry (Amendment) Act 1998—

(a)	in section 2(2), for "29, 35, 36 and 37," substitute "and 29";
(b)	in section 2(4), for "23, 35, 36 and 37," substitute "and 23";

(c) Part 3 is repealed.

26. Magistrates' Court Act 1989

In Schedule 4 of the Magistrates' Court Act

1989, after item 56B insert—

"56C. Electricity Industry Act 1993

Offences by a body corporate under section
47D(7) of the Electricity Industry Act 1993
and offences under section 47D(11) of that

Act.

56D. Electricity Safety Act 1998
Electricity Industry Acts (Further Amendment) Act 1999

s. 26 Act No. 36/1999

Offences under section 141A of the

Electricity Safety Act 1998.".

═══════════════
Electricity Industry Acts (Further Amendment) Act 1999

Act No. 36/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 6 May 1999

Legislative Council: 1 June 1999

The long title for the Bill for this Act was "to amend the Electricity
Industry Act 1993 and the Electricity Safety Act 1998 and for other

purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 6 May 1999

Legislative Council: 1 June 1999

Absolute majorities:

Legislative Assembly: 28 May 1999

Legislative Council: 3 June 1999