Energy Legislation Amendment (General) Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT 2000 3 3 Definitions 3 4 Licence exemptions 3 5 Sections 32 and 33 repealed 4 6 Licensee standing offer tariffs to be given to Commission 4 7 New section 35B substituted 5 35B Commission must publish on Internet licensee standing offer tariffs 5 8 Publication of tariffs, terms and conditions of sale of electricity (relevant published offers) 5 9 Definitions for purposes of hardship policies 6 10 Financial hardship policies 6 11 New sections 43A to 43C inserted 7 43A Review of financial hardship policy at the direction of Commission 7 43B Licensee may submit variation to, or replacement of, financial hardship policy for approval 8 43C Content of financial hardship policies 8 12 Commission approval 8 13 Section 46 repealed 9 14 Licensee not to disconnect if there is compliance with financial hardship policy 9 PART 3—AMENDMENT OF GAS INDUSTRY ACT 2001 10 15 Division 3 of Part 2 repealed 10 16 Exemptions 10 17 Definitions for purposes of hardship policies 11 18 Financial hardship policies 12 -- 1 of 19 -- Section Page ii Authorised by the Chief Parliamentary Counsel 19 New sections 48GA to 48GC inserted 12 48GA Review of financial hardship policy at the direction of Commission 12 48GB Licensee may submit variation to, or replacement of, financial hardship policy for approval 13 48GC Content of financial hardship policies 13 20 Commission approval 14 21 Section 48J repealed 15 22 Licensee not to disconnect if there is compliance with financial hardship policy 15 PART 4—REPEAL OF AMENDING ACT 16 23 Repeal of amending Act 16 ═══════════════ ENDNOTES 17 -- 2 of 19 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Energy Legislation Amendment (General) Act 2014 † No. 3 of 2014 [Assented to 11 February 2014] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The purpose of this Act is to amend the Electricity Industry Act 2000 and the Gas Industry Act 2001— (a) to further provide for the powers to exempt a person from the requirement to hold a licence; and Victoria -- 3 of 19 -- Part 1—Preliminary Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 2 Authorised by the Chief Parliamentary Counsel (b) to simplify the publication requirements in respect of licensee standing offers and relevant published offers; and (c) to amend the requirements in respect of the submission, review and approval of financial hardship policies; and (d) to make other minor and consequential amendments to both Acts. 2 Commencement (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 1 October 2014, it comes into operation on that day. __________________ s. 2 -- 4 of 19 -- Part 2—Amendment of Electricity Industry Act 2000 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT 2000 3 Definitions In section 3 of the Electricity Industry Act 2000, in the definition of licensee omit ", except in Part 3,". 4 Licence exemptions For section 17(2), (3) and (4) of the Electricity Industry Act 2000 substitute— "(2) An Order under subsection (1) may— (a) be of general or specific application; and (b) differ according to differences in time, place and circumstances; and (c) apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or (ii) as amended from time to time; and s. 3 See: Act No. 68/2000. Reprint No. 7 as at 10 August 2013 and amending Act No. 22/2013. LawToday: www. legislation. vic.gov.au -- 5 of 19 -- Part 2—Amendment of Electricity Industry Act 2000 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 4 Authorised by the Chief Parliamentary Counsel (d) include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and (e) be subject to such terms, conditions and limitations as are specified in the Order; and (f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and (g) include saving and transitional provisions; and (h) have effect according to its tenor despite anything to the contrary in any agreement or contract; and (i) have effect despite anything to the contrary in section 13; and (j) confer powers and functions on, and leave any matter to be decided by, the Commission.". 5 Sections 32 and 33 repealed Sections 32 and 33 of the Electricity Industry Act 2000 are repealed. 6 Licensee standing offer tariffs to be given to Commission In section 35A of the Electricity Industry Act 2000— (a) omit "to, on the same day the licensee publishes tariffs in accordance with section 35"; and s. 5 -- 6 of 19 -- Part 2—Amendment of Electricity Industry Act 2000 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 5 Authorised by the Chief Parliamentary Counsel (b) for paragraphs (a) and (b) substitute— "(a) to, as soon as practicable after the licensee publishes tariffs in accordance with section 35, input those tariffs into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and (b) if an Internet site has not been nominated by the Minister for the purposes of paragraph (a), to, on the same day the licensee publishes tariffs in accordance with section 35— (i) give a copy of those tariffs to the Commission; and (ii) inform the Commission, in writing, of the day those tariffs take effect.". 7 New section 35B substituted For section 35B of the Electricity Industry Act 2000 substitute— "35B Commission must publish on Internet licensee standing offer tariffs The Commission must publish on its Internet site tariffs it is given under section 35A(b) on the day those tariffs take effect.". 8 Publication of tariffs, terms and conditions of sale of electricity (relevant published offers) (1) For section 36A(1)(b) of the Electricity Industry Act 2000 substitute— "(b) to, as soon as practicable after details of the tariffs, terms and conditions are published in accordance with paragraph (a), input those details into an Internet site nominated by the s. 7 -- 7 of 19 -- Part 2—Amendment of Electricity Industry Act 2000 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 6 Authorised by the Chief Parliamentary Counsel Minister so that the tariffs are able to be published on the Internet; and (c) if an Internet site has not been nominated by the Minister for the purposes of paragraph (b), to, on the same day the retailer publishes the details of the tariffs, terms and conditions in accordance with paragraph (a), give a copy of those details to the Commission.". (2) In section 36A(1A) of the Electricity Industry Act 2000, for "(1)(b)" substitute "(1)(c)". 9 Definitions for purposes of hardship policies In section 41 of the Electricity Industry Act 2000— (a) the definition of approved financial hardship policy is repealed; (b) in the definition of domestic customer, for "purposes." substitute "purposes;"; (c) insert the following definitions— "amended financial hardship policy means a financial hardship policy that is varied or replaced in accordance with section 43A(3)(a) or 43B; financial hardship policy means a policy or an amended financial hardship policy approved by the Commission under section 45.". 10 Financial hardship policies (1) For section 43(1) and (2) of the Electricity Industry Act 2000 substitute— "(1) A licence to sell electricity is deemed to include a condition requiring the licensee to, within 3 months after being granted a licence— s. 9 -- 8 of 19 -- Part 2—Amendment of Electricity Industry Act 2000 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 7 Authorised by the Chief Parliamentary Counsel (a) prepare a policy to deal with domestic customers experiencing financial hardship; and (b) submit the policy for approval to the Commission under section 45.". (2) In section 43(3) of the Electricity Industry Act 2000— (a) for "an approved" substitute "a"; (b) omit "approved" (where secondly occurring). (3) In section 43(4) of the Electricity Industry Act 2000 omit "approved". 11 New sections 43A to 43C inserted After section 43 of the Electricity Industry Act 2000 insert— "43A Review of financial hardship policy at the direction of Commission (1) This section applies if the Commission is of the opinion that a financial hardship policy of a licensee requires review. (2) The Commission may direct the licensee to review the policy and, if necessary— (a) make variations so that the policy complies with section 43C; or (b) replace the policy with a policy that complies with section 43C. (3) On receiving a direction under subsection (2), a licensee must— (a) vary or replace the policy in accordance with any direction of the Commission; and s. 11 -- 9 of 19 -- Part 2—Amendment of Electricity Industry Act 2000 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 8 Authorised by the Chief Parliamentary Counsel (b) submit the amended financial hardship policy to the Commission for approval under section 45. 43B Licensee may submit variation to, or replacement of, financial hardship policy for approval A licensee may submit to the Commission a variation to, or a replacement of, a financial hardship policy for approval under section 45. 43C Content of financial hardship policies A policy submitted in accordance with section 43(1), or an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B, must include— (a) flexible payment options for payment of electricity bills; and (b) provision for the auditing of a domestic customer's electricity usage (whether wholly or partly at the expense of the licensee); and (c) flexible options for the purchase or supply of replacement electrical equipment designed for domestic use from the licensee or a third party nominated by the licensee; and (d) processes for the early response by both licensees and domestic customers to electricity bill payment difficulties.". 12 Commission approval (1) For the heading to section 45 of the Electricity Industry Act 2000 substitute— "Commission approval". s. 12 -- 10 of 19 -- Part 2—Amendment of Electricity Industry Act 2000 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 9 Authorised by the Chief Parliamentary Counsel (2) For section 45(1) of the Electricity Industry Act 2000 substitute— "(1) The Commission must consider and may, if it considers appropriate, approve— (a) a policy submitted in accordance with section 43(1); or (b) an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B.". (3) In section 45(2) of the Electricity Industry Act 2000, for "a financial hardship policy" substitute "a policy submitted in accordance with section 43(1), or an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B,". (4) In section 45(3) of the Electricity Industry Act 2000— (a) for "a financial hardship policy" substitute "a policy submitted in accordance with section 43(1), or an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B,"; (b) for "43(2)" substitute "43C". (5) Section 45(4) of the Electricity Industry Act 2000 is repealed. 13 Section 46 repealed Section 46 of the Electricity Industry Act 2000 is repealed. 14 Licensee not to disconnect if there is compliance with financial hardship policy In section 46A(1)(a) of the Electricity Industry Act 2000, for "an approved" substitute "a". __________________ s. 13 -- 11 of 19 -- Part 3—Amendment of Gas Industry Act 2001 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 10 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF GAS INDUSTRY ACT 2001 15 Division 3 of Part 2 repealed Division 3 of Part 2 of the Gas Industry Act 2001 is repealed. 16 Exemptions For section 24(2), (3) and (4) of the Gas Industry Act 2001 substitute— "(2) An Order under subsection (1)(a) may— (a) be of general or specific application; and (b) differ according to differences in time, place and circumstances; and (c) apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or (ii) as amended from time to time; and s. 15 See: Act No. 31/2001. Reprint No. 5 as at 16 August 2012 and amending Act Nos 51/2012, 11/2013 and 22/2013. LawToday: www. legislation. vic.gov.au -- 12 of 19 -- Part 3—Amendment of Gas Industry Act 2001 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 11 Authorised by the Chief Parliamentary Counsel (d) include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and (e) be subject to such terms, conditions and limitations as are specified in the Order; and (f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and (g) include saving and transitional provisions; and (h) have effect according to its tenor despite anything to the contrary in any agreement or contract; and (i) have effect despite anything to the contrary in section 21; and (j) confer powers and functions on, and leave any matter to be decided by, the Commission.". 17 Definitions for purposes of hardship policies In section 48E of the Gas Industry Act 2001— (a) the definition of approved financial hardship policy is repealed; (b) in the definition of domestic customer, for "purposes." substitute "purposes;"; (c) insert the following definitions— "amended financial hardship policy means a financial hardship policy that is varied or replaced in accordance with section 48GA(3)(a) or 48GB; s. 17 -- 13 of 19 -- Part 3—Amendment of Gas Industry Act 2001 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 12 Authorised by the Chief Parliamentary Counsel financial hardship policy means a policy or an amended financial hardship policy approved by the Commission under section 48I.". 18 Financial hardship policies (1) For section 48G(1) and (2) of the Gas Industry Act 2001 substitute— "(1) A licence to sell gas is deemed to include a condition requiring the licensee to, within 3 months after being granted a licence— (a) prepare a policy to deal with domestic customers experiencing financial hardship; and (b) submit the policy for approval to the Commission under section 48I.". (2) In section 48G(3) of the Gas Industry Act 2001— (a) for "an approved" substitute "a"; (b) omit "approved" (where secondly occurring). (3) In section 48G(4) of the Gas Industry Act 2001 omit "approved". 19 New sections 48GA to 48GC inserted After section 48G of the Gas Industry Act 2001 insert— "48GA Review of financial hardship policy at the direction of Commission (1) This section applies if the Commission is of the opinion that a financial hardship policy of a licensee requires review. s. 18 -- 14 of 19 -- Part 3—Amendment of Gas Industry Act 2001 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 13 Authorised by the Chief Parliamentary Counsel (2) The Commission may direct the licensee to review the policy and, if necessary— (a) make variations so that the policy complies with section 48GC; or (b) replace the policy with a policy that complies with section 48GC. (3) On receiving a direction under subsection (2), a licensee must— (a) vary or replace the policy in accordance with any direction of the Commission; and (b) submit the amended financial hardship policy to the Commission for approval under section 48I. 48GB Licensee may submit variation to, or replacement of, financial hardship policy for approval A licensee may submit to the Commission a variation to, or a replacement of, a financial hardship policy for approval under section 48I. 48GC Content of financial hardship policies A policy submitted in accordance with section 48G(1), or an amended financial hardship policy submitted in accordance with section 48GA(3)(b) or 48GB, must include— (a) flexible payment options for payment of gas bills; and (b) provision for the auditing of a domestic customer's gas usage (whether wholly or partly at the expense of the licensee); and s. 19 -- 15 of 19 -- Part 3—Amendment of Gas Industry Act 2001 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 14 Authorised by the Chief Parliamentary Counsel (c) flexible options for the purchase or supply of replacement gas appliances designed for domestic use from the licensee or a third party nominated by the licensee; and (d) processes for the early response by both licensees and domestic customers to gas bill payment difficulties.". 20 Commission approval (1) For the heading to section 48I of the Gas Industry Act 2001 substitute— "Commission approval". (2) For section 48I(1) of the Gas Industry Act 2001 substitute— "(1) The Commission must consider and may, if it considers appropriate, approve— (a) a policy submitted in accordance with section 48G(1); or (b) an amended financial hardship policy submitted in accordance with section 48GA(3)(b) or 48GB.". (3) In section 48I(2) of the Gas Industry Act 2001, for "financial hardship policy" substitute "policy submitted in accordance with section 48G(1), or an amended financial hardship policy submitted in accordance with section 48GA(3)(b) or 48GB,". (4) In section 48I(3) of the Gas Industry Act 2001— (a) for "financial hardship policy" substitute "policy submitted in accordance with section 48G(1), or an amended financial hardship policy submitted in accordance with section 48GA(3)(b) or 48GB,"; (b) for "48G(2)" substitute "48GC". s. 20 -- 16 of 19 -- Part 3—Amendment of Gas Industry Act 2001 Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 15 Authorised by the Chief Parliamentary Counsel (5) Section 48I(4) of the Gas Industry Act 2001 is repealed. 21 Section 48J repealed Section 48J of the Gas Industry Act 2001 is repealed. 22 Licensee not to disconnect if there is compliance with financial hardship policy In section 48K(1)(a) of the Gas Industry Act 2001, for "an approved" substitute "a". __________________ s. 21 -- 17 of 19 -- Part 4—Repeal of Amending Act Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 16 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 23 Repeal of amending Act This Act is repealed on 1 October 2015. 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). ═══════════════ s. 23 -- 18 of 19 -- Energy Legislation Amendment (General) Act 2014 No. 3 of 2014 17 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 October 2013 Legislative Council: 12 December 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Industry Act 2000 and the Gas Industry Act 2001 and for other purposes." Endnotes -- 19 of 19 --