Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025 (Vic)
Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025
No. 15 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Prescribed activities
Division 1—Activities required to be undertaken by other laws
4Prescribed activities
5How many certificates may be created in respect of a prescribed activity
Division 2—Vulnerable and low-income consumers
6Prescribed activities
Division 3—Kinds of activities
7Prescribed activities
Part 3—Extension of VEET scheme
8When can a certificate be created?
9Energy efficiency certificate shortfall
10VEET scheme target
11Regulations
Part 4—Activities outside VEET scheme
12Definitions
13Section 3A substituted
14Section 15A substituted
15Section 15B repealed
16Schedule 1 amended
Part 5—Improvement notices
17Definitions
18Competent and capable person
19Suspension or cancellation of accreditation or disqualification from applying for accreditation
20New section 40AB inserted
21Review of decisions by ESC
22Review of decisions by VCAT
23Schedule 1 amended
Part 6—Prohibition notices
24Definitions
25Fit and proper person
26Suspension or cancellation of accreditation or disqualification from applying for accreditation
27New sections 40AC to 40AE inserted
28Review of decisions by ESC
29Review of decisions by VCAT
30Schedule 1 amended
Part 7—New civil penalty requirements
31Section 20 amended
32False or misleading information
33Schedule 1 amended
Part 8—Training and competency requirements for scheme participants
34New section 14FA inserted
35ESC guidelines
36Schedule 1 amended
Part 9—Certificates
Division 1—Content of certificates
37Who may create a certificate?
38Form and content of certificates
39Certificates may be transferred
Division 2—Related bodies corporate
40Approval of application
Part 10—Clarification of transitional arrangements
41New section 76AA inserted
42Expiry of accreditation during accreditation transition period
43Application for renewal of accreditation during accreditation transition period
44VEET scheme registry account transition period
45VEET scheme registry account transition period—existing certificate holders
46New sections 76EA and 76EB inserted
Part 11—Surrender of certificates
47Annual energy acquisition statements
48Restrictions on certificates that can be surrendered
Part 12—Miscellaneous amendments
49Offence to contravene prescribed code of conduct requirement
50ESC may give warning or impose condition
51Information may be disclosed to specified persons or bodies
52Records to be kept by accredited persons and relevant entities
53ESC guidelines
Part 13—Transitional provisions
54New section 79 inserted
Part 14—Statute law revision
55Calculation of energy efficiency certificate shortfall
56Review of decisions by ESC
57Review of decisions by VCAT
58Proceedings for review by VCAT
59Schedule 1 amended
60References to the Act
Part 15—Repeal of this Act
61Repeal of this Act
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Endnotes
1 General information
Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025
No. 15 of 2025
[Assented to 20 May 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to amend the Victorian Energy Efficiency Target Act 2007—
(a)to make further provision in relation to different kinds of prescribed activities; and
(b)to make changes in relation to the prescribing of the VEET scheme target, including by providing for the prescribing of VEET scheme targets until the end of 2045; and
(c)to make further provision in relation to persons who undertake prescribed activities without authorisation; and
(d)to permit the ESC to issue improvement notices and prohibition notices; and
(e)to make further provision in relation to civil penalty requirements; and
(f)to provide for training and competency requirements for scheme participants; and
(g)to update the information that must be contained in energy efficiency certificates; and
(h)to enable related bodies corporate to hold VEET scheme registry accounts; and
(i)to provide for the transitional arrangements required due to the introduction of VEET scheme registry accounts; and
(j)to remove certain restrictions relating to the surrender of energy efficiency certificates; and
(k)to make miscellaneous, minor and technical amendments.
2Commencement
(1)This Part and Parts 3, 9, 10, 11 and 13 come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 18 March 2026, it comes into operation on that day.
3Principal Act
In this Act, the Victorian Energy Efficiency Target Act 2007 is called the Principal Act.
PART 2—PRESCRIBED ACTIVITIES
Division 1—Activities required to be undertaken by other laws
4Prescribed activities
After section 15(3) of the Principal Act insert—
"(4)An activity may be prescribed to be a prescribed activity whether or not a law requires that activity to be undertaken.
(5)In determining whether a prescribed activity has been undertaken, it does not matter that it was undertaken because a law required it to be undertaken.".
5How many certificates may be created in respect of a prescribed activity
(1)In section 18(1) of the Principal Act—
(a)for "whole tonne" substitute "applicable amount";
(b)after "activity" insert "as determined in accordance with this section".
(2)After section 18(1) of the Principal Act insert—
"(1AA)The applicable amount for a prescribed activity is—
(a)if no law required that activity to be undertaken—1 whole tonne; or
(b)if a law required that activity to be undertaken, either—
(i)the amount provided for by the regulations in respect of that activity; or
(ii)if the regulations do not so provide, 1 whole tonne.
(1AAB)Regulations made under section 75 may provide for—
(a)an amount in respect of a particular prescribed activity for the purposes of subsection (1AA)(b)(i); or
(b)a method and variables to be used to calculate an amount in respect of a particular prescribed activity for the purposes of subsection (1AA)(b)(i).".
(3)In section 18(1A) of the Principal Act—
(a)for "1 whole tonne" substitute "the applicable amount";
(b)for "0×5 tonne" substitute "half the applicable amount".
(4)After section 18(2) of the Principal Act insert—
"(3)The method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity may provide for the calculation, if the prescribed activity was undertaken because a law required a prescribed activity to be undertaken, of the reduction that is additional to what compliance with that law entailed.
(4)If a method and variables is provided for in respect of a prescribed activity as described in subsection (3), a reference in this Act to the carbon dioxide equivalent of greenhouse gases to be reduced by the activity is a reference to the additional reduction described in that subsection.".
Division 2—Vulnerable and low-income consumers
6Prescribed activities
At the end of section 15 of the Principal Act insert—
"(6)Without limiting anything in this section or in section 75, the regulations may prescribe, as a prescribed activity, an activity that is undertaken in respect of a consumer of electricity or gas who belongs to a prescribed class.".
Division 3—Kinds of activities
7Prescribed activities
In section 15(3) of the Principal Act—
(a)after paragraph (a) insert—
"(ab)modifying an appliance or any equipment so that it reduces the consumption of electricity or gas at times or in circumstances where that consumption would be unnecessary or inefficient, or installing an appliance or any equipment that performs that function;";
(b)in paragraph (d), for "class." substitute "class;";
(c)after paragraph (d) insert—
"(e)generating or providing information regarding the electricity or gas consumption, or the energy efficiency, of particular premises, appliances, structures or equipment.".
PART 3—EXTENSION OF VEET SCHEME
8When can a certificate be created?
In section 17(1) of the Principal Act, for "2031." substitute "2046.".
9Energy efficiency certificate shortfall
In section 27(2) of the Principal Act, for "2031" substitute "2046".
10VEET scheme target
For section 30(g) of the Principal Act substitute—
"(g)in each of 2026 and 2027, the target prescribed for that year by regulations made not later than 31 May 2025; and
(h)in each of 2028, 2029 and 2030, the target prescribed for that year by regulations made not later than 31 August 2027; and
(i)in each of 2031, 2032, 2033, 2034 and 2035, the target prescribed for that year by regulations made not later than 31 May 2030; and
(j)in each of 2036, 2037, 2038, 2039 and 2040, the target prescribed for that year by regulations made not later than 31 August 2035; and
(k)in each of 2041, 2042, 2043, 2044 and 2045, the target prescribed for that year by regulations made not later than 31 May 2040.".
11Regulations
In section 75(1)(l) of the Principal Act omit "(f) and (g)".
PART 4—ACTIVITIES OUTSIDE VEET SCHEME
12Definitions
In section 3(1) of the Principal Act, in the definition of regulated action—
(a)omit ", in relation to a prescribed activity,";
(b)in paragraphs (a), (b) and (c), for "the prescribed activity" substitute "a prescribed activity";
(c)paragraph (d) is repealed.
13Section 3A substituted
For section 3A of the Principal Act substitute—
"3A Who is a scheme participant?
(1)For the purposes of this Act, a scheme participant is a person (other than an accredited person) who is engaged, as an employee or contractor or in some other capacity (except as a consumer of gas or electricity), to undertake on behalf of an accredited person—
(a)a prescribed activity or any part of a prescribed activity; or
(b)a regulated action.
(2)For the purposes of subsection (1), the person's engagement may be an engagement by—
(a)the accredited person; or
(b)any other person who is engaged as a contractor to undertake—
(i)the prescribed activity or the part of the prescribed activity; or
(ii)the regulated action.
Example
Person A (an accredited person) engages person B as a contractor to undertake a prescribed activity on behalf of person A. Person B is a scheme participant. Person B then engages person C as an employee to undertake the prescribed activity. Person C is a scheme participant, too.
(3)For the purposes of this Act, a scheme participant under subsection (1) is a scheme participant in respect of the accreditation of the accredited person specified in subsection (1).
(4)A person is also a scheme participant for the purposes of this Act if the person is holding themselves out to be engaged, as an employee or contractor or in some other capacity (except as a consumer of gas or electricity), to undertake on behalf of an accredited person a prescribed activity or any part of a prescribed activity.".
14Section 15A substituted
For section 15A of the Principal Act substitute—
"15A Offence to undertake prescribed activity without authorisation
(1)A person who holds themselves out to be acting under or in accordance with the VEET scheme must not undertake a prescribed activity or any part of a prescribed activity unless the person is authorised to do so either as an accredited person or as a scheme participant.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate , 240 penalty units.
(2)For the purposes of subsection (1), a person is authorised to undertake a prescribed activity or a part of a prescribed activity as an accredited person if—
(a)the person is an accredited person; and
(b)the person is accredited to undertake the prescribed activity; and
(c)the undertaking of the prescribed activity or the part of the prescribed activity is in accordance with the conditions and restrictions (if any) of the person's accreditation.
(3)For the purposes of subsection (1), a person is authorised to undertake a prescribed activity or a part of a prescribed activity as a scheme participant if—
(a)the person is a scheme participant (other than a scheme participant under section 3A(4)); and
(b)the prescribed activity or the part of the prescribed activity is one that the person is engaged to undertake as described in section 3A; and
(c)the accredited person in respect of whose accreditation they are a scheme participant is accredited for the prescribed activity; and
(d)the undertaking of the prescribed activity or the part of the prescribed activity is in accordance with the conditions and restrictions (if any) of that accreditation.".
15Section 15B repealed
Section 15B of the Principal Act is repealed.
16Schedule 1 amended
For items 2 and 3 in the Table in Schedule 1 to the Principal Act substitute—
| "2 | Undertaking a prescribed activity without authorisation | section 15A(1) | person who holds themselves out to be acting under or in accordance with the VEET scheme | 60 penalty units for natural person; 240 penalty units for body corporate". |
PART 5—IMPROVEMENT NOTICES
17Definitions
In section 3(1) of the Principal Act insert the following definitions—
"human health includes psychological health;
improvement notice—see section 40AB(1);".
18Competent and capable person
After section 10C(g) of the Principal Act insert—
"(ga)whether an improvement notice has been issued to the person and, if so, whether the person has complied with the notice;".
19Suspension or cancellation of accreditation or disqualification from applying for accreditation
After section 14(1)(g) of the Principal Act insert—
"(ga)has failed to comply with an improvement notice; or".
20New section 40AB inserted
After section 40A of the Principal Act insert—
"40AB ESC may issue improvement notice
(1)The ESC may issue a relevant person with an improvement notice if the ESC believes on reasonable grounds that—
(a)the person is contravening or has contravened a provision of this Act or the regulations in relation to—
(i)the undertaking of a prescribed activity; or
(ii)the undertaking of a regulated action; or
(b)the person, in undertaking or purporting to undertake a prescribed activity under or in accordance with the VEET scheme, has provided an appliance, equipment or a service that has caused or is likely to cause harm to human health or safety or damage to property.
(2)An improvement notice may require the person to whom it is issued—
(a)to take any action that the ESC reasonably considers necessary to remedy the contravention or anything causing the contravention; or
(b)to remedy the conduct that has caused or is likely to cause harm to human health or safety or damage to property.
(3)An improvement notice must—
(a)be in writing; and
(b)specify the name and address of the person to whom it is issued; and
(c)state the grounds on which the notice is issued; and
(d)specify what the person must do to comply with the notice; and
(e)specify the period within which the person must comply with the notice; and
(f)set out the penalty for failure to comply with the notice.
(4)On its own initiative or on request by a person to whom an improvement notice has been issued, the ESC, by further notice in writing to the person, may extend the period within which the person must comply with the improvement notice.
(5)A person to whom an improvement notice is issued must comply with the notice.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 240 penalty units.
(6)In this section—
relevant person means a person who—
(a)is or was at any time an accredited person; or
(b)is or was at any time a scheme participant; or
(c)has at any time held themselves out to be an accredited person or a scheme participant or to be acting under or in accordance with the VEET scheme.".
21Review of decisions by ESC
After item 10 in the Table in section 56(2) of the Principal Act insert—
"11 to issue an improvement notice section 40AB the person to whom the notice is issued". 22Review of decisions by VCAT
After item 10 in the Table in section 56B(2) of the Principal Act insert—
"10A to issue an improvement notice section 40AB the person to whom the notice is issued".
23Schedule 1 amended
At the end of the Table in Schedule 1 to the Principal Act insert—
| "12 | Failure to comply with an improvement notice | section 40AB(5) | person to whom the ESC has issued an improvement notice | 60 penalty units for natural person; 240 penalty units for body corporate". |
PART 6—PROHIBITION NOTICES
24Definitions
In section 3(1) of the Principal Act insert the following definition—
"prohibition notice—see section 40AC(1);".
25Fit and proper person
After section 10B(k) of the Principal Act insert—
"(ka)a contravention by the person of section 40AC(5);".
26Suspension or cancellation of accreditation or disqualification from applying for accreditation
Before section 14(1)(h) of the Principal Act insert—
"(gb)has contravened section 40AC(5); or".
27New sections 40AC to 40AE inserted
At the end of Part 6 of the Principal Act insert—
"40AC ESC may issue prohibition notice
(1)The ESC may issue a relevant person with a prohibition notice if the ESC believes on reasonable grounds that—
(a)the person—
(i)is contravening or has contravened a provision of this Act or the regulations in relation to—
(A)the undertaking of a prescribed activity; or
(B)the undertaking of a regulated action; or
(ii)has engaged in or proposes to engage in conduct that has caused or is likely to cause harm to human health or safety or damage to property; and
(b)having regard to the nature of the contravention or the conduct, prohibiting the person from undertaking a prescribed activity or a regulated action is necessary to prevent harm to human health or safety or damage to property.
(2)A prohibition notice may—
(a)prohibit the person to whom it is issued from undertaking or purporting to undertake, on behalf of an accredited person or otherwise under or in accordance with the VEET scheme, any of the following—
(i)a prescribed activity or any part of a prescribed activity;
(ii)a regulated action; and
(b)require the person to whom it is issued to take any action that the ESC reasonably considers necessary to prevent or minimise harm to human health or safety or damage to property.
(3)A prohibition notice must—
(a)be in writing; and
(b)specify the name and address of the person to whom it is issued; and
(c)state the grounds on which the notice is issued; and
(d)specify—
(i)what the notice prohibits the person from undertaking or purporting to undertake; and
(ii)any action that the notice requires the person to take; and
(e)specify the period for which the notice applies; and
(f)set out the penalty for failure to comply with the notice; and
(g)set out how the person may seek review of the decision to issue the notice.
(4)A person to whom a prohibition notice is issued must comply with the notice.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 240 penalty units.
(5)An accredited person must not require or permit any other person to undertake, on the accredited person's behalf, a prescribed activity or any part of a prescribed activity or a regulated action if the accredited person knows, or reasonably ought to know, that the other person is prohibited from undertaking that prescribed activity or regulated action.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 240 penalty units.
(6)In this section—
relevant person means a person who—
(a)is or was at any time a scheme participant; or
(b)has at any time held themselves out to be acting under or in accordance with the VEET scheme.
40ADApplication for revocation or variation of prohibition notice
(1)A person may apply to the ESC—
(a)to revoke a prohibition notice that applies to the person; or
(b)to vary the period for which a prohibition notice applies to the person; or
(c)to vary a requirement to take action specified in a prohibition notice that applies to the person.
(2)An application under subsection (1)—
(a)must be made in a form specified in the ESC guidelines; and
(b)must set out the reason why the revocation or variation is sought; and
(c)must include—
(i)evidence of a relevant change in circumstances since the prohibition notice was issued; and
(ii)evidence demonstrating that the applicant is a suitable person to undertake the prescribed activity or the regulated action specified in the prohibition notice; and
(iii)any information specified in the ESC guidelines for the purposes of this subparagraph; and
(d)may include—
(i)evidence demonstrating that any harm or damage or likely harm or damage specified in the prohibition notice has been remedied or prevented; and
(ii)any information relevant to the prohibition notice.
(3)Within 28 days after receiving an application under subsection (1), the ESC must—
(a)consider the application; and
(b)by written notice to the applicant—
(i)revoke the prohibition notice; or
(ii)vary the period for which the prohibition notice applies; or
(iii)vary the requirement to take action specified in the prohibition notice; or
(iv)refuse to revoke or vary the prohibition notice.
(4)In considering an application under subsection (1), the ESC must have regard to the following—
(a)the information and evidence included in the application;
(b)any conduct of the applicant that was considered by the ESC when it issued the prohibition notice;
(c)any other matter that the ESC considers relevant.
(5)A written notice revoking or varying a prohibition notice under subsection (3)(b) must specify the day on which the revocation or variation takes effect.
40AEESC may revoke or vary prohibition notice on its own initiative
(1)The ESC, on its own initiative, may revoke a prohibition notice, vary the period for which a prohibition notice applies or vary a requirement to take action specified in a prohibition notice if the ESC receives or otherwise becomes aware of information that—
(a)relates to the grounds on which the prohibition notice was issued; and
(b)was not known to the ESC at the time the notice was issued.
(2)Before revoking or varying a prohibition notice under subsection (1), the ESC must—
(a)give the person to whom the prohibition notice was issued written notice—
(i)advising that the ESC proposes to revoke or vary the prohibition notice; and
(ii)stating that the person may make a written submission to the ESC regarding the proposal within 20 business days after receiving the notice; and
(b)consider any submission received under paragraph (a)(ii).
(3)The ESC must give the person to whom the prohibition notice was issued written notice of the ESC's decision on the proposed revocation or variation within 20 business days after—
(a)if no submission is received from the person in accordance with subsection (2)(a)(ii), the day on which notice is provided under subsection (2); or
(b)if a submission is received from the person in accordance with subsection (2)(a)(ii), the day on which the submission is received.".
28Review of decisions by ESC
At the end of the Table in section 56(2) of the Principal Act insert—
"12 to issue a prohibition notice section 40AC the person to whom the notice is issued 13 to refuse to revoke or vary a prohibition notice section 40AD the applicant". 29Review of decisions by VCAT
Before item 11 in the Table in section 56B(2) of the Principal Act insert—
"10B to issue a prohibition notice section 40AC the person to whom the notice is issued 10C to refuse to revoke or vary a prohibition notice section 40AD the applicant".
30Schedule 1 amended
At the end of the Table in Schedule 1 to the Principal Act insert—
| "13 | Failure to comply with a prohibition notice | section 40AC(4) | person to whom the ESC has issued a prohibition notice | 60 penalty units for natural person; 240 penalty units for body corporate". |
PART 7—NEW CIVIL PENALTY REQUIREMENTS
31Section 20 amended
(1)In the heading to section 20 of the Principal Act, after "Offences" insert "and civil obligations".
(2)After section 20(7) of the Principal Act insert—
"(8)An accredited person must not create a certificate that—
(a)contains incorrect information in respect of a prescribed activity; or
(b)does not comply with the requirements of this Act or the regulations for creating certificates or recording prescribed activities.".
32False or misleading information
At the end of section 68 of the Principal Act insert—
"(2)A person must not—
(a)give information to the ESC or any person exercising powers under or in connection with this Act that is false or misleading in a material particular; or
(b)produce a document to the ESC or any person exercising powers under or in connection with this Act that is false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.".
33Schedule 1 amended
(1)After item 5 in the Table in Schedule 1 to the Principal Act insert—
| "5A | Creation of certificate that contains incorrect information or does not comply with requirements of this Act or the regulations | section 20(8) | accredited person | 60 penalty units for natural person; 240 penalty units for body corporate". |
(2)At the end of the Table in Schedule 1 to the Principal Act insert—
| "14 | Giving false or misleading information or producing a false or misleading document | section 68(2) | any person | 60 penalty units for natural person; 240 penalty units for body corporate |
| 15 | Contravention of record keeping requirements | section 72(7) | accredited person or relevant entity | 60 penalty units for natural person; 240 penalty units for body corporate". |
PART 8—TRAINING AND COMPETENCY REQUIREMENTS FOR SCHEME PARTICIPANTS
34New section 14FA inserted
After section 14F of the Principal Act insert—
"14FA Training and competency requirements for scheme participants
(1)A scheme participant must not undertake a prescribed activity or any part of a prescribed activity on behalf of an accredited person unless the scheme participant has—
(a)complied with any training and competency requirements specified in the ESC guidelines; and
(b)provided evidence of that compliance to the accredited person.
(2)A scheme participant must not undertake a regulated action on behalf of an accredited person unless the scheme participant has—
(a)complied with any training and competency requirements specified in the ESC guidelines; and
(b)provided evidence of that compliance to the accredited person.
(3)A scheme participant must not provide information to an accredited person that purports to be evidence of the scheme participant's compliance with any training and competency requirements specified in the ESC guidelines and that the scheme participant knows to be false or misleading in a material particular.
Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 120 penalty units.
(4)A scheme participant must not provide information to an accredited person that purports to be evidence of the scheme participant's compliance with any training and competency requirements specified in the ESC guidelines and that is false or misleading in a material particular.
(5)The ESC, by written notice, may require a scheme participant to provide to the ESC, within 14 days or any longer period specified in the notice, any information or evidence relating to the scheme participant's compliance with any training and competency requirements specified in the ESC guidelines.".
35ESC guidelines
After section 74(2)(ad) of the Principal Act insert—
"(ae)training and competency requirements to be complied with by scheme participants, including—
(i)training and competency requirements to be complied with by all scheme participants; and
(ii)training and competency requirements to be complied with by scheme participants who undertake specified prescribed activities or parts of prescribed activities or specified regulated actions;".
36Schedule 1 amended
Before item 1 in the Table in Schedule 1 to the Principal Act insert—
| "1AA | Undertaking a prescribed activity without complying with training and competency requirements and providing evidence of compliance | section 14FA(1) | scheme participant | 60 penalty units for natural person; 240 penalty units for body corporate |
| 1AAB | Undertaking a regulated action without complying with training and competency requirements and providing evidence of compliance | section 14FA(2) | scheme participant | 60 penalty units for natural person; 240 penalty units for body corporate |
| 1AAC | Providing information to an accredited person that purports to be evidence of compliance and that is false or misleading in a material particular | section 14FA(4) | scheme participant | 30 penalty units for natural person; 120 penalty units for body corporate". |
PART 9—CERTIFICATES
Division 1—Content of certificates
37Who may create a certificate?
(1)In section 16(3)(b) of the Principal Act, before "in the manner" insert "subject to subsection (3A),".
(2)After section 16(3) of the Principal Act insert—
"(3A)An assignment for the purposes of subsection (1)(c) must contain any information specified in the ESC guidelines.".
38Form and content of certificates
After section 21(3) of the Principal Act insert—
"(4)The ESC may require—
(a)a certificate to contain any information specified in subsection (5); or
(b)the accredited person to provide to the ESC any information specified in subsection (5) with the certificate.
(5)For the purposes of subsection (4), the following information is specified—
(a)the consumer's contact details;
(b)the address of the premises at which the prescribed activity was undertaken;
(c)the name and contact details of any scheme participant who—
(i)undertook the prescribed activity or any part of the prescribed activity; or
(ii)undertook a regulated action in relation to the prescribed activity;
(d)the ABN of a scheme participant described in paragraph (c);
(e)any other information specified in the ESC guidelines that the ESC considers necessary for the purposes of the VEET scheme.".
39Certificates may be transferred
In section 24(2A) of the Principal Act, for "information specified in the ESC guidelines" substitute "any information specified in the ESC guidelines".
Division 2—Related bodies corporate
40Approval of application
Section 26B(1)(c) of the Principal Act is repealed.
PART 10—CLARIFICATION OF TRANSITIONAL ARRANGEMENTS
41New section 76AA inserted
Before section 76A of the Principal Act insert—
"76AA Definitions
In this Division—
accreditation transition period means the period declared by the ESC under section 76A;
existing certificate holder means a person who—
(a)held a certificate immediately before the commencement date within the meaning of section 76D; and
(b)continues to hold the certificate on that commencement date;
transition period end date means the date described in section 76D(1)(b);
VEET scheme registry account transition period means the period described in section 76D(1).".
42Expiry of accreditation during accreditation transition period
Section 76B(5) of the Principal Act is repealed.
43Application for renewal of accreditation during accreditation transition period
Section 76C(4) of the Principal Act is repealed.
44VEET scheme registry account transition period
In section 76D(4) of the Principal Act—
(a)in the definition of commencement date, for "2022;" substitute "2022.";
(b)the definition of existing certificate holder is repealed.
45VEET scheme registry account transition period—existing certificate holders
(1)After section 76E(2) of the Principal Act insert—
"(2A)If an existing certificate holder applies for a VEET scheme registry account before the transition period end date and the ESC refuses the application before that date, subsection (1)(a), (c) and (d) continue to apply to that person until the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application and that review is not finally determined immediately before the commencement date, the day on which the review is finally determined; or
(ii)in any other case, the commencement date.".
(2)In section 76E(3) of the Principal Act, for "If" substitute "Subject to subsection (3A), if".
(3)After section 76E(3) of the Principal Act insert—
"(3A)If an existing certificate holder applies for a VEET scheme registry account before the transition period end date and the ESC refuses the application on or after that date, subsection (1)(a), (c) and (d) continue to apply to that person until the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application, the day on which the review is finally determined; or
(ii)in any other case, the date of the refusal.".
(4)In section 76E(4) of the Principal Act, for "A person" substitute "Subject to subsections (4A) and (4B) and section 76EA, a person".
(5)After section 76E(4) of the Principal Act insert—
"(4A)If a person's application for a VEET scheme registry account is refused before the transition period end date, that person ceases to be an existing certificate holder on the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application and that review is not finally determined immediately before the commencement date, the day on which the review is finally determined; or
(ii)in any other case, the commencement date.
(4B)If a person's application for a VEET scheme registry account is refused on or after the transition period end date, that person ceases to be an existing certificate holder on the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application, the day on which the review is finally determined; or
(ii)in any other case, the date of the refusal.".
(6)For section 76E(5) of the Principal Act substitute—
"(5)In this section—
commencement date means the day on which Part 10 of the Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025 comes into operation.".
46New sections 76EA and 76EB inserted
After section 76E of the Principal Act insert—
"76EA Deemed transfer of certificates on approval of application after transition period end date
If the ESC, on or after the transition period end date, approves the application of an existing certificate holder for a VEET scheme registry account, on the approval of that application—
(a)the person ceases to be an existing certificate holder; and
(b)all of the certificates held by that person at the time of the approval are taken to be transferred to the person.
76EBTransfer of certificates after transition period end date
(1)Despite anything to the contrary in section 24, on and after the transition period end date, a certificate may be transferred to an existing certificate holder if—
(a)the existing certificate holder has applied for a VEET scheme registry account before the transition period end date; and
(b)the ESC has not determined the application.
(2)The transfer of a certificate to an existing certificate holder under subsection (1) is not invalid merely because the existing certificate holder does not hold a VEET scheme registry account at the time of the transfer.
(3)Despite anything to the contrary in section 24, on and after the transition period end date, a person who does not hold a VEET scheme registry account may transfer or surrender a certificate that the person held immediately before the commencement date.
(4)Subsection (3) is repealed on 31 October 2030.
(5)In this section—
commencement date means the date on which section 24 of the Victorian Energy Efficiency Target Amendment Act 2022 comes into operation.".
PART 11—SURRENDER OF CERTIFICATES
47Annual energy acquisition statements
(1)For section 33(1)(b) of the Principal Act substitute—
"(b)any later day approved by the Minister or the ESC in accordance with subsection (1A) or (1B).".
(2)After section 33(1) of the Principal Act insert—
"(1A)For the purposes of subsection (1)(b), the Minister, by notice published in the Government Gazette, may approve a day (that is not later than 31 December in the following year) as the day on or before which an energy acquisition statement must be lodged.
(1B)For the purposes of subsection (1)(b), the ESC may approve a day (that is not later than 30 May in the following year) as the day on or before which an energy acquisition statement must be lodged.".
(3)After section 33(6) of the Principal Act insert—
"(7)In this section—
following year, in relation to an energy acquisition statement, means the year following the year to which the energy acquisition statement relates.".
48Restrictions on certificates that can be surrendered
Section 34(b) of the Principal Act is repealed.
PART 12—MISCELLANEOUS AMENDMENTS
49Offence to contravene prescribed code of conduct requirement
In section 14H of the Principal Act—
(a)for "who is undertaking" substitute "who undertakes";
(b)for "that applies to" substitute "that applies in relation to".
50ESC may give warning or impose condition
In section 40A(1)(b) of the Principal Act omit "repeatedly but".
51Information may be disclosed to specified persons or bodies
For section 66(1)(m) of the Principal Act substitute—
"(m)an accredited person for the purpose of informing the accredited person of—
(i)a scheme participant's compliance with the code of conduct; or
(ii)the details of any improvement notice or prohibition notice issued to a person; or
(iii)a scheme participant's conduct when undertaking a prescribed activity or regulated action; or
(iv)a scheme participant's compliance with this Act and the regulations.".
52Records to be kept by accredited persons and relevant entities
(1)For section 72(2) of the Principal Act substitute—
"(2)The records kept by an accredited person must include—
(a)any record or document relevant to ascertaining details of all certificates created by the accredited person during a year; and
(b)any other record or document specified in the ESC guidelines.".
(2)For section 72(3) of the Principal Act substitute—
"(3)The records kept by a relevant entity must include—
(a)any record or document relevant to ascertaining the amount of electricity and gas acquired by the relevant entity during a year; and
(b)any other record or document specified in the ESC guidelines.".
53ESC guidelines
(1)For section 74(3) of the Principal Act substitute—
"(3)The ESC must publish—
(a)a notice of the issue or amendment of the ESC guidelines in the Government Gazette; and
(b)a copy of the ESC guidelines, as amended from time to time, on the ESC's Internet site.
(3A)Without limiting subsection (3)(a), a notice published under that provision must state where the ESC guidelines are available to view by members of the public.".
(2)For section 74(4) of the Principal Act substitute—
"(4)The ESC guidelines, and any amendments to the ESC guidelines, take effect on—
(a)the day on which notice of the issue or amendment is published in the Government Gazette; or
(b)any later day specified in the ESC guidelines.".
PART 13—TRANSITIONAL PROVISIONS
54New section 79 inserted
After section 78AB of the Principal Act insert—
"79 Savings provision—Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025
(1)If, immediately before the commencement date, a relevant entity may lodge an energy acquisition statement on a day allowed by the ESC for the purposes of section 33(1)(b), on and after the commencement date that allowed day is taken to be approved by the ESC in accordance with section 33(1B).
(2)Subsection (1) does not apply to a day allowed for the purposes of section 33(1)(b) that is later than 30 June 2025.
(3)In this section—
amending Act means the Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025;
commencement date means the day on which Part 11 of the amending Act comes into operation.".
PART 14—STATUTE LAW REVISION
55Calculation of energy efficiency certificate shortfall
In section 29(2)(b) of the Principal Act, for "a energy" substitute "an energy".
56Review of decisions by ESC
In the Table in section 56(2) of the Principal Act, in item 6, for "person." substitute "person".
57Review of decisions by VCAT
In the Table in section 56B(2) of the Principal Act, in item 6, for "person." substitute "person".
58Proceedings for review by VCAT
In section 56D of the Principal Act, for "section 56A" substitute "section 56B".
59Schedule 1 amended
In the Table in Schedule 1 to the Principal Act—
(a)in items 6 and 9, for "corporate." substitute "corporate";
(b)in item 11, for "surrendered." substitute "surrendered".
60References to the Act
(1)In section 20(7)(b) of the Principal Act, for "the Act" substitute "this Act".
(2)In section 22(3)(a) of the Principal Act, for "the Act" substitute "this Act".
(3)In section 40(4A) of the Principal Act, for "the Act" substitute "this Act".
(4)In section 40A(1) of the Principal Act—
(a)in paragraph (a), for "the Act" substitute "this Act";
(b)in paragraph (b)(i) and (ii), for "the Act" substitute "this Act".
(5)In the Table in Schedule 1 to the Principal Act, in the heading to Column 3, for "the Act" substitute "this Act".
PART 15—REPEAL OF THIS ACT
61Repeal of this Act
This Act is repealed on 18 March 2027.
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: 20 March 2025
Legislative Council: 3 April 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Victorian Energy Efficiency Target Act 2007 and for other purposes."
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