Victorian Energy Efficiency Target Amendment (Code of Conduct) Regulations 2023 (Vic)

Victorian Energy Efficiency Target Amendment (Code of Conduct) Regulations 2023

S.R. No. 60/2023

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions—regulation 5

6New Part 1A inserted

7General conditions and circumstances under which a certificate cannot be created

8Regulation reference amended

9Definitions—Schedule 6

10Clause 2 of Schedule 6 revoked

11High pressure tactics

12New clause 11A of Schedule 6 inserted

13Information about VEET scheme

14New clause 13A of Schedule 6 inserted

15Terms and conditions

16Dispute resolution framework

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Endnotes

statutory rules 2023

S.R. No. 60/2023

Victorian Energy Efficiency Target Act 2007

Victorian Energy Efficiency Target Amendment (Code of Conduct) Regulations 2023

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 27 June 2023

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy and Resources

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Victorian Energy Efficiency Target Regulations 2018 to prescribe further matters relating to the code of conduct set out in those Regulations.

2Authorising provision

These Regulations are made under section 75 of the Victorian Energy Efficiency Target Act 2007.

3Commencement

These Regulations come into operation on 1 July 2023.

4Principal Regulations

In these Regulations, the Victorian Energy Efficiency Target Regulations 2018[1] are called the Principal Regulations.

5Definitions—regulation 5

In regulation 5 of the Principal Regulations—

(a)in the definition of Department, for "Department of Environment, Land, Water and Planning" substitute "Department of Energy, Environment and Climate Action";

(b)the definition of code of conduct is revoked.

6New Part 1A inserted

After Part 1 of the Principal Regulations insert—

"PART 1A—CODE OF CONDUCT

9APrescribed code of conduct

For the purposes of section 14G of the Act, the prescribed code of conduct is the code of conduct set out in Schedule 6.

9BPrescribed code of conduct requirements

(1)For the purposes of section 14H of the Act, the prescribed code of conduct requirements are the requirements set out in the following provisions of Schedule 6—

(a)clause 9(1) (requirement to wear identification card);

(b)clause 11A (requirement not to contact person who has requested not to be contacted);

(c)clause 13A(1) (requirement to inform person that VEET scheme is voluntary);

(d)clause 13A(2) (requirement to inform person about code of conduct and to give copy on request);

(e)clause 13A(3) (requirement to give person dispute resolution information);

(f)clause 13A(4) (requirement to offer person copy of VEET scheme consumer factsheet);

(g)clause 17 (requirement to ensure energy consumer is given statement of rights and obligations);

(h)clause 18(1) (requirement to ensure energy consumer is given information about terms and conditions of contract);

(i)clause 20(1) (requirement to ensure contract for supply of prescribed activity sets out scheduling of undertaking and completion);

(j)clause 21 (requirement to ensure energy consumer is provided with certain information);

(k)clause 26 (requirement to give energy consumer certain information on completion of prescribed activity);

(l)clause 28(1) (requirement to ensure dispute resolution framework is in place).

(2)A summary of a requirement included in a paragraph of subregulation (1)—

(a)is for convenience of reference only; and

(b)does not alter the requirement as set out in the provision of Schedule 6 to which it relates.".

7General conditions and circumstances under which a certificate cannot be created

In regulation 15(2)(b) of the Principal Regulations, for "any action" substitute "any regulated action".

8Regulation reference amended

In Schedule 6 to the Principal Regulations, before Part 1, for "Regulation 15" substitute "Regulation 9A".

9Definitions—Schedule 6

(1)In clause 1 of Schedule 6 to the Principal Regulations—

(a)in the definition of VEET scheme consumer factsheet omit "of Environment, Land, Water and Planning";

(b)the definitions of contractor, regulated action and scheme participant are revoked.

(2)At the foot of clause 1 of Schedule 6 to the Principal Regulations insert—

"Note

Section 3(1) of the Act defines the terms code of conduct, contractor and regulated action. Section 3A of the Act defines the term scheme participant.".

10Clause 2 of Schedule 6 revoked

Clause 2 of Schedule 6 to the Principal Regulations is revoked.

11High pressure tactics

In clause 11(2) of Schedule 6 to the Principal Regulations—

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

(b)paragraph (d) is revoked.

12New clause 11A of Schedule 6 inserted

After clause 11 of Schedule 6 to the Principal Regulations insert—

"11A   Contacting a person who has asked not to be contacted

An accredited person or scheme participant involved in a lead generation or marketing activity for a prescribed activity must not contact a person—

(a)who is listed on the Do Not Call registers administered by the Australian Communications and Media Authority; or

(b)who has previously been contacted by the accredited person or scheme participant, or a person acting on behalf of the accredited person or scheme participant, in relation to the prescribed activity and who has requested no further contact.".

13Information about VEET scheme

In clause 13 of Schedule 6 to the Principal Regulations—

(a)in paragraph (d), for "jargon; and" substitute "jargon.";

(b)paragraphs (b), (e), (f) and (g) are revoked.

14New clause 13A of Schedule 6 inserted

After clause 13 of Schedule 6 to the Principal Regulations insert—

"13A   Further information about VEET scheme

(1)An accredited person or scheme participant carrying out lead generation or marketing activities for a prescribed activity with a person must inform the person that the VEET scheme is voluntary.

(2)An accredited person or scheme participant carrying out lead generation or marketing activities for a prescribed activity with a person must inform the person about this code of conduct and, on request, give the person a copy of this code of conduct.

(3)An accredited person or scheme participant carrying out lead generation or marketing activities for a prescribed activity with a person must give the person the dispute resolution information relating to the prescribed activity.

(4)An accredited person or scheme participant carrying out lead generation or marketing activities for a prescribed activity with a person must offer the person a copy of the VEET scheme consumer factsheet.".

15Terms and conditions

In clause 18(1) of Schedule 6 to the Principal Regulations omit "clear and accurate".

16Dispute resolution framework

In clause 28(1) of Schedule 6 to the Principal Regulations omit "clear and effective".

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ENDNOTES

[1] Reg. 4: S.R. No. 145/2018 as amended by S.R. Nos 145/2018, 142/2020, 97/2021, 153/2021, 171/2021, 37/2022, 93/2022 and 25/2023.