Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—AMENDMENTS TO THE ELECTRICITY SAFETY ACT 1998 4 Division 1—Amendments relating to bushfire mitigation 4 3 Division 1AA of Part 10 repealed 4 4 General duty of major electricity companies 4 5 Electricity safety management scheme 4 6 Bushfire mitigation parts of initial accepted ESMS lapse by certain date 4 7 Submission of bushfire mitigation plans for acceptance 4 8 Compliance with bushfire mitigation plan 5 9 Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans 5 10 Accepted bushfire mitigation plan forms part of accepted ESMS 5 11 Compliance audits—independent audits 5 12 Compliance audits—Energy Safe Victoria 5 Division 2—Other amendments to the Electricity Safety Act 1998 6 13 New section 43A inserted 6 43A Safety of electrical installations—building work 6 14 Failure to maintain lines 6 15 Division 4 of Part 8 substituted and new Division 5 of Part 8 inserted 7 Division 4—Compliance audits in relation to compliance with the Code 7 90A Compliance audits in relation to compliance with Code—Energy Safe Victoria 7 90B Compliance audits in relation to compliance with Code—independent audits 8 -- 1 of 32 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 5—Compliance audits in relation to compliance with the management plan 9 90C Application 9 90D Compliance audits for management plans—Energy Safe Victoria 9 90E Compliance audits for management plans— independent audits 9 16 Exemption from certain provisions of Act or regulations 10 17 Powers of entry—enforcement 10 18 Section 130 substituted 12 130 Occupier to be given copy of acknowledgement 12 19 Search warrant 12 20 New section 141AC inserted 12 141AC Director may give directions to preserve, retain or store 12 21 New section 148A inserted 13 148A Period within which proceedings for offences may be brought 13 22 Statute law revision 13 23 New section 166 inserted 14 166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 14 PART 3—AMENDMENTS TO THE VICTORIAN ENERGY EFFICIENCY TARGET ACT 2007 15 24 Suspension of accreditation 15 25 New sections 14A to 14C inserted 15 14A Suspension or revocation of accreditation 15 14B ESC may impose conditions at end of suspension 16 14C Request to cancel accreditation 16 26 New section 19A inserted 16 19A Compliance audits relating to creation of certificates 16 27 Offences relating to creation of certificates 17 28 Certificates must be registered 18 29 ESC may require surrender of certificates if certificates improperly created 19 30 New section 40A inserted 20 40A ESC may give warning or impose condition 20 31 Review of decisions 21 32 New section 70A inserted 21 70A Proceedings for offences 21 33 Records to be kept by accredited persons and relevant entities 22 -- 2 of 32 -- Section Page iii Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE ELECTRICITY INDUSTRY ACT 2000 23 34 Compensation for wrongful disconnection 23 PART 5—AMENDMENTS TO THE GAS SAFETY ACT 1997 24 35 Offence to supply or sell unaccepted or unlabelled appliances 24 36 Powers of entry—enforcement 24 37 Section 95 substituted 25 95 Occupier to be given copy of acknowledgement 25 38 Search warrant 26 39 Period within which proceedings for offences may be brought 26 40 New section 128 inserted 26 128 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 26 PART 6—AMENDMENTS TO THE GAS INDUSTRY ACT 2001 27 41 Compensation for wrongful disconnection 27 42 Statute law revision 27 PART 7—REPEAL OF AMENDING ACT 28 43 Repeal of this Act 28 ═══════════════ ENDNOTES 29 -- 3 of 32 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 † No. 59 of 2011 [Assented to 8 November 2011] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Electricity Safety Act 1998— (i) to extend application of bushfire mitigation plans prepared by major electricity companies from the at-risk Victoria -- 4 of 32 -- Part 1—Preliminary Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 2 Authorised by the Chief Parliamentary Counsel supply network to the supply network; and (ii) to create an offence for carrying out building work that will make a building electrically unsafe; and (iii) to make further provision for compliance audits; and (iv) to enable seizure of items under powers of entry; and (v) to set out procedures for obtaining an occupier's consent to entry to, search of and seizure from a residence; and (vi) to provide for prosecutions to commence within 3 years after the commission of an offence; and (vii) to make other amendments to improve the operation of the Act; and (b) to amend the Victorian Energy Efficiency Target Act 2007— (i) to create an offence of knowingly creating an incorrect certificate or a certificate that does not comply with the requirements of the Act; and (ii) to clarify the circumstances in which the Essential Services Commission may refuse to register a certificate; and (iii) to expand the grounds for suspension of accreditation, and enable the Essential Services Commission to revoke accreditation; and (iv) to provide for additional enforcement mechanisms; and (v) to make necessary minor and consequential amendments; and s. 1 -- 5 of 32 -- Part 1—Preliminary Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 3 Authorised by the Chief Parliamentary Counsel (c) to amend the Electricity Industry Act 2000 to cap wrongful disconnection payments in certain circumstances; and (d) to amend the Gas Safety Act 1997— (i) to enable seizure of items under powers of entry; and (ii) to set out procedures for obtaining an occupier's consent to entry to, search of and seizure from a residence; and (iii) to make other minor amendments to improve the operation of the Act; and (e) to amend the Gas Industry Act 2001 to cap wrongful disconnection payments in certain circumstances. 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 30 September 2012, it comes into operation on that day. __________________ s. 2 -- 6 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 4 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENTS TO THE ELECTRICITY SAFETY ACT 1998 Division 1—Amendments relating to bushfire mitigation 3 Division 1AA of Part 10 repealed Division 1AA of Part 10 of the Electricity Safety Act 1998 is repealed. 4 General duty of major electricity companies For section 98(c) of the Electricity Safety Act 1998 substitute— "(c) the bushfire danger arising from the supply network.". 5 Electricity safety management scheme In section 99(2A) of the Electricity Safety Act 1998 omit "at-risk". 6 Bushfire mitigation parts of initial accepted ESMS lapse by certain date In section 105A of the Electricity Safety Act 1998 omit "at-risk". 7 Submission of bushfire mitigation plans for acceptance In section 113A(1) of the Electricity Safety Act 1998 omit "at-risk". See: Act No. 25/1998. Reprint No. 5 as at 21 August 2008 and amending Act Nos 61/2007, 25/2008, 59/2008, 57/2009, 6/2010 and 55/2010. LawToday: www. legislation. vic.gov.au s. 3 -- 7 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 5 Authorised by the Chief Parliamentary Counsel 8 Compliance with bushfire mitigation plan (1) In section 113B(1) of the Electricity Safety Act 1998— (a) for "an at-risk supply network" substitute "a supply network"; (b) for "at-risk electric lines" substitute "supply network". (2) In section 113B(2) of the Electricity Safety Act 1998 omit "at-risk". (3) In section 113B(4) and (5) of the Electricity Safety Act 1998 omit "at-risk" (where twice occurring). 9 Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans In section 113C(a)(ii) of the Electricity Safety Act 1998, for "an at-risk supply network" substitute "a supply network". 10 Accepted bushfire mitigation plan forms part of accepted ESMS In section 113D(1) of the Electricity Safety Act 1998 omit "at-risk". 11 Compliance audits—independent audits In section 120H(1)(a)(ii) of the Electricity Safety Act 1998 omit "(including the operator's at-risk supply network)". 12 Compliance audits—Energy Safe Victoria In section 120I(b) of the Electricity Safety Act 1998 omit "(including the operator's at-risk supply network)". s. 8 -- 8 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 6 Authorised by the Chief Parliamentary Counsel Division 2—Other amendments to the Electricity Safety Act 1998 13 New section 43A inserted After section 43 of the Electricity Safety Act 1998 insert— "43A Safety of electrical installations—building work (1) A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make— (a) an electrical installation at the premises unsafe; or (b) a building at the premises unsafe if that premises is supplied with electricity. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) In this section— building work has the same meaning as in the Building Act 1993.". 14 Failure to maintain lines (1) After section 86(2) of the Electricity Safety Act 1998 insert— "(2A) Despite subsection (2), a relevant transmission company or a relevant distribution company is not required to obtain a permit pursuant to the Planning and Environment Act 1987 in respect of any action necessary to comply with a notice in writing under subsection (1) if the action is carried out in accordance with the Code.". s. 13 -- 9 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 7 Authorised by the Chief Parliamentary Counsel (2) After section 86(8) of the Electricity Safety Act 1998 insert— "(8A) Despite the provisions of any other Act, if a transmission company is the responsible person under section 84(5), the relevant transmission company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code.". 15 Division 4 of Part 8 substituted and new Division 5 of Part 8 inserted For Division 4 of Part 8 of the Electricity Safety Act 1998 substitute— "Division 4—Compliance audits in relation to compliance with the Code 90A Compliance audits in relation to compliance with Code—Energy Safe Victoria (1) Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the Code. (2) In subsection (1) responsible person means a person referred to in section 84. s. 15 -- 10 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 8 Authorised by the Chief Parliamentary Counsel 90B Compliance audits in relation to compliance with Code—independent audits (1) Energy Safe Victoria may require a responsible person— (a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the Code; and (b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. (2) The responsible person must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the responsible person to enable an independent audit to be carried out. (3) If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person. (4) A responsible person must comply with a requirement of Energy Safe Victoria under this section. Penalty: 200 penalty units. (5) In this section, responsible person means a person referred to in section 84(4), (5), (6) or (7). s. 15 -- 11 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 9 Authorised by the Chief Parliamentary Counsel Division 5—Compliance audits in relation to compliance with the management plan 90C Application (1) This Division applies to a responsible person who is required by the regulations to prepare a management plan relating to compliance with the Code. (2) In subsection (1) responsible person means a person referred to in section 84(4), (5), (6) or (7). 90D Compliance audits for management plans—Energy Safe Victoria Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the management plan. 90E Compliance audits for management plans—independent audits (1) Energy Safe Victoria may require a responsible person— (a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the management plan; and (b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. (2) The responsible person must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the responsible person and the s. 15 -- 12 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 10 Authorised by the Chief Parliamentary Counsel management plan to enable an independent audit to be carried out. (3) If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person. (4) A responsible person must comply with a requirement of Energy Safe Victoria under this section. Penalty: 200 penalty units.". 16 Exemption from certain provisions of Act or regulations After section 117(2) of the Electricity Safety Act 1998 insert— "(2A) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 116, Energy Safe Victoria may exempt an owner of a complex electrical installation to which the accepted ESMS applies from compliance with any of the regulations relating to the operation, maintenance and decommissioning of the complex electrical installation or from compliance with section 44(2), 45(1), (2) or (3) or 45A.". 17 Powers of entry—enforcement (1) In section 129(1)(b) of the Electricity Safety Act 1998, after "search for" insert "and seize". (2) In section 129(2) of the Electricity Safety Act 1998, for "enter land or premises" substitute "enter and search land or premises or seize any thing". s. 16 -- 13 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 11 Authorised by the Chief Parliamentary Counsel (3) After section 129(2) of the Electricity Safety Act 1998 insert— "(3) Before the occupier consents to entry and search of his or her residence under this section, the enforcement officer must inform the occupier— (a) of the purpose of the search; and (b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and (c) that anything seized during the search with the consent of the occupier may be used in evidence in proceedings. (4) If the occupier consents to entry and search, the enforcement officer must ask the occupier to sign an acknowledgement stating— (a) that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything; and (c) that the occupier has consented to such an entry and search. (5) If the occupier consents to the seizure of any thing during a search under this section, the enforcement officer must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.". s. 17 -- 14 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 12 Authorised by the Chief Parliamentary Counsel 18 Section 130 substituted For section 130 of the Electricity Safety Act 1998 substitute— "130 Occupier to be given copy of acknowledgement (1) An occupier who signs an acknowledgement under section 129 must be given a copy of the signed acknowledgement immediately. (2) If, in any proceeding, an acknowledgement 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 or to the seizure of the thing.". 19 Search warrant In section 131(3)(b) of the Electricity Safety Act 1998, after "search for" insert "and seize". 20 New section 141AC inserted After section 141AB of the Electricity Safety Act 1998 insert— "141AC Director may give directions to preserve, retain or store (1) This section applies if the Director believes on reasonable grounds that— (a) an electrical incident or an electricity emergency situation has occurred; or (b) an unsafe electrical situation has occurred or may occur. (2) The Director may, in writing, direct a relevant person to preserve, retain or store any of the following that the Director considers may be relevant to the electrical incident, electricity emergency situation or unsafe electrical situation— s. 18 -- 15 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 13 Authorised by the Chief Parliamentary Counsel (a) electrical equipment; (b) electrical installations or parts of electrical installations; (c) supply networks or parts of supply networks. (3) In this section, relevant person means an owner of electrical equipment or an owner or operator of a supply network or an electrical installation. (4) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 200 penalty units.". 21 New section 148A inserted After section 148 of the Electricity Safety Act 1998 insert— "148A Period within which proceedings for offences may be brought Despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006), proceedings for an offence against this Act or the regulations may be commenced within the period of 3 years after the commission of the alleged offence.". 22 Statute law revision In section 155 of the Electricity Safety Act 1998 omit "(1)". s. 21 -- 16 of 32 -- Part 2—Amendments to the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 14 Authorised by the Chief Parliamentary Counsel 23 New section 166 inserted After section 165 of the Electricity Safety Act 1998 insert— "166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 (1) In this section— commencement day means the day on which section 18 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation. (2) In any proceeding commenced on or after the commencement day, section 130(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 129 before that commencement day.". __________________ s. 23 -- 17 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 15 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO THE VICTORIAN ENERGY EFFICIENCY TARGET ACT 2007 24 Suspension of accreditation (1) After section 14(3) of the Victorian Energy Efficiency Target Act 2007 insert— "(3A) The ESC may, by written notice, suspend the accreditation of an accredited person if the ESC believes on reasonable grounds that the person has repeatedly but unintentionally— (a) created certificates that do not comply with the requirements of this Act or the regulations; or (b) failed to comply with the requirements of this Act or the regulations relating to the recording or carrying out of prescribed activities.". (2) In section 14(4) of the Victorian Energy Efficiency Target Act 2007, after "subsection (3)" insert "or (3A)". 25 New sections 14A to 14C inserted After section 14 of the Victorian Energy Efficiency Target Act 2007 insert— "14A Suspension or revocation of accreditation (1) The ESC may, by written notice, suspend or revoke the accreditation of an accredited person who has— (a) breached a condition or restriction imposed under section 14B or 40A; or (b) failed to comply with an order under section 40; or (c) failed to undertake an audit required under section 19A. See: Act No. 70/2007 and amending Act Nos 23/2009, 55/2010 and 59/2010. LawToday: www. legislation. vic.gov.au s. 24 -- 18 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 16 Authorised by the Chief Parliamentary Counsel (2) An accreditation that is suspended under subsection (1) is suspended for the period (not exceeding 2 years) that the ESC considers appropriate in all of the circumstances and specifies in the notice. 14B ESC may impose conditions at end of suspension If the ESC suspends the accreditation of an accredited person under section 14 or 14A, at the end of the period of suspension the ESC may impose a condition or restriction on the person's accreditation. 14C Request to cancel accreditation (1) An accredited person may, by written notice, request the ESC to cancel the person's accreditation. (2) If the ESC cancels the person's accreditation, the cancellation takes effect— (a) when the ESC notifies the person in writing of the cancellation; or (b) on a date agreed by the ESC and the accredited person.". 26 New section 19A inserted After section 19 of the Victorian Energy Efficiency Target Act 2007 insert— "19A Compliance audits relating to creation of certificates (1) The ESC may require an accredited person— (a) to obtain, at the intervals determined by the ESC, independent audits of the person's compliance with the Act and the regulations in relation to certificates created by the person in the period specified by the ESC; and s. 26 -- 19 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 17 Authorised by the Chief Parliamentary Counsel (b) to forward a copy of each audit report to the ESC within a time specified by the ESC. (2) An audit under subsection (1) must be conducted by an auditor approved by the ESC for the purposes of this section. (3) If the ESC requires an accredited person to obtain an independent audit under this section, the costs of that audit must be borne by the accredited person.". 27 Offences relating to creation of certificates (1) In section 20(1) of the Victorian Energy Efficiency Target Act 2007, for "not entitled under this Act to create a certificate" substitute "not an accredited person". (2) Section 20(2) of the Victorian Energy Efficiency Target Act 2007 is repealed. (3) In section 20(4) of the Victorian Energy Efficiency Target Act 2007, after "section 14" insert "or 14A". (4) After section 20(6) of the Victorian Energy Efficiency Target Act 2007 insert— "(7) An accredited person must not create a certificate that the person knows— (a) contains incorrect information in respect of a prescribed activity; or (b) does not comply with the requirements of the Act or the regulations for creating certificates or recording prescribed activities. Penalty: 60 penalty units in the case of an individual; 240 penalty units in the case of a body corporate.". s. 27 -- 20 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 18 Authorised by the Chief Parliamentary Counsel 28 Certificates must be registered (1) For section 22(3) of the Victorian Energy Efficiency Target Act 2007 substitute— "(3) A certificate is eligible for registration if— (a) the certificate complies with the requirements of the Act or the regulations for creating certificates and recording prescribed activities; and (b) the ESC has been paid any relevant fee fixed under section 73 for registration of the certificate.". (2) In section 22(4) of the Victorian Energy Efficiency Target Act 2007, after "must" insert ", subject to subsection (5),". (3) For section 22(5) of the Victorian Energy Efficiency Target Act 2007 substitute— "(5) If the ESC decides that a certificate is not eligible for registration or that a certificate has been created in contravention of section 20, the ESC must— (a) not register the certificate; and (b) notify the person who created the certificate that the certificate has not been registered. (6) The ESC may make a decision under subsection (5) in relation to all certificates that have been created by an accredited person but not yet registered if— (a) the ESC has conducted an audit or investigation of a sample of those certificates; and s. 28 -- 21 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 19 Authorised by the Chief Parliamentary Counsel (b) the ESC forms the view that the audit or investigation indicates that a high proportion of the total of those certificates would not be eligible for registration or would have been created in contravention of section 20.". 29 ESC may require surrender of certificates if certificates improperly created (1) For section 40(3) of the Victorian Energy Efficiency Target Act 2007 substitute— "(3) An order may only be made against a person under this section if— (a) the ESC considers that— (i) the person created a certificate that does not comply with the requirements of this Act or the regulations; or (ii) the person failed to comply with the requirements of this Act or the regulations relating to the recording or carrying out of the prescribed activity to which a certificate relates; or (b) the ESC reasonably believes that a certificate has been created by the person in contravention of section 20; or (c) the person is found guilty of an offence against section 20(1), 20(3), 20(4), 20(5), 20(6) or 20(7).". (2) In section 40(4) of the Victorian Energy Efficiency Target Act 2007, for "20(5) or 20(6)" (wherever occurring) substitute "20(5), 20(6) or 20(7)". s. 29 -- 22 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 20 Authorised by the Chief Parliamentary Counsel (3) After section 40(4) of the Victorian Energy Efficiency Target Act 2007 insert— "(4A) If an order is made against a person referred to in subsection (3)(a) or (b), the ESC must require the person to surrender the number of certificates that is equivalent to the number of certificates that the ESC reasonably believes have been registered under the Act and that— (a) were not created in compliance with the requirements of this Act or the regulations; or (b) were not created in compliance with the requirements of this Act or the regulations relating to the recording or carrying out of prescribed activities; or (c) were created in contravention of section 20.". 30 New section 40A inserted After section 40 of the Victorian Energy Efficiency Target Act 2007 insert— "40A ESC may give warning or impose condition (1) This section applies if the ESC believes on reasonable grounds that an accredited person— (a) may have committed any offence against the Act; or (b) has repeatedly but unintentionally— (i) created certificates that do not comply with the requirements of the Act or the regulations; or s. 30 -- 23 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 21 Authorised by the Chief Parliamentary Counsel (ii) failed to comply with the requirements of the Act or the regulations relating to the recording or carrying out of prescribed activities. (2) The ESC may do one or more of the following— (a) warn the accredited person; (b) reprimand the accredited person; (c) impose a condition or restriction on the accreditation of the accredited person.". 31 Review of decisions In the Table in section 56(2) of the Victorian Energy Efficiency Target Act 2007— (a) in item 2, after "section 14" insert "or section 14A"; (b) for item 3 substitute— " 3 not to register a certificate or multiple certificates section 22 the person who created the certificate or certificates 4 to revoke a person's accreditation section 14A the accredited person ". 32 New section 70A inserted After section 70 of the Victorian Energy Efficiency Target Act 2007 insert— "70A Proceedings for offences (1) Proceedings for an offence against this Act or the regulations may be brought by— (a) the ESC; or s. 31 -- 24 of 32 -- Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 22 Authorised by the Chief Parliamentary Counsel (b) a member of the police force; or (c) a person authorised by the ESC. (2) The ESC may authorise a person under subsection (1)(c) if the ESC is satisfied that the person is appropriately qualified and trained. (3) An authority given by the ESC under subsection (1)(c) must be in writing and may be given generally or in relation to a particular matter. (4) In a proceeding for an offence against this Act or the regulations it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorised to bring it.". 33 Records to be kept by accredited persons and relevant entities In section 72 of the Victorian Energy Efficiency Target Act 2007— (a) in subsection (5), after "accredited person" insert "(including an accredited person whose accreditation has been suspended or revoked)"; (b) in subsection (6), after "accredited person" (where first occurring) insert "(including an accredited person whose accreditation has been suspended or revoked)". __________________ s. 33 -- 25 of 32 -- Part 4—Amendments to the Electricity Industry Act 2000 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 23 Authorised by the Chief Parliamentary Counsel PART 4—AMENDMENTS TO THE ELECTRICITY INDUSTRY ACT 2000 34 Compensation for wrongful disconnection (1) After section 40B(1) of the Electricity Industry Act 2000 insert— "(1A) Despite subsection (1), if the relevant customer does not notify the licensee of the disconnection within 14 days after the disconnection, the maximum payment under a condition under subsection (1) is the prescribed capped amount.". (2) In section 40B(5) of the Electricity Industry Act 2000 insert the following definition— "prescribed capped amount means— (a) the amount prescribed by the regulations for the purposes of subsection (1A); or (b) if no amount is prescribed, $3,500.00;". __________________ See: Act No. 68/2000. Reprint No. 6 as at 17 March 2011 and amending Act No. 74/2010. LawToday: www. legislation. vic.gov.au s. 34 -- 26 of 32 -- Part 5—Amendments to the Gas Safety Act 1997 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 24 Authorised by the Chief Parliamentary Counsel PART 5—AMENDMENTS TO THE GAS SAFETY ACT 1997 35 Offence to supply or sell unaccepted or unlabelled appliances In section 71(1) of the Gas Safety Act 1997 omit "knowingly". 36 Powers of entry—enforcement (1) In section 94(1)(b) of the Gas Safety Act 1997, after "search for" insert "and seize". (2) In section 94(2) of the Gas Safety Act 1997, for "enter land or premises" substitute "enter and search land or premises or seize any thing". (3) After section 94(2) of the Gas Safety Act 1997 insert— "(3) Before the occupier consents to entry and search of his or her residence under this section, the inspector must inform the occupier— (a) of the purpose of the search; and (b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and (c) that anything seized during the search with the consent of the occupier may be used in evidence in proceedings. See: Act No. 99/1997. Reprint No. 3 as at 1 May 2008 and amending Act Nos 59/2008, 23/2009 and 57/2009. LawToday: www. legislation. vic.gov.au s. 35 -- 27 of 32 -- Part 5—Amendments to the Gas Safety Act 1997 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 25 Authorised by the Chief Parliamentary Counsel (4) If the occupier consents to entry and search, the inspector must ask the occupier to sign an acknowledgement stating— (a) that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything; and (c) that the occupier has consented to such an entry and search. (5) If the occupier consents to the seizure of any thing during a search under this section, the inspector must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.". 37 Section 95 substituted For section 95 of the Gas Safety Act 1997 substitute— "95 Occupier to be given copy of acknowledgement (1) An occupier who signs an acknowledgement under section 94 must be given a copy of the signed acknowledgement immediately. (2) If, in any proceeding, an acknowledgement 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 or to the seizure of the thing.". s. 37 -- 28 of 32 -- Part 5—Amendments to the Gas Safety Act 1997 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 26 Authorised by the Chief Parliamentary Counsel 38 Search warrant In section 96(3)(b) of the Gas Safety Act 1997, after "search for" insert "and seize". 39 Period within which proceedings for offences may be brought In section 117AA of the Gas Safety Act 1997, after "any Act" insert "(other than the Charter of Human Rights and Responsibilities Act 2006)". 40 New section 128 inserted After section 127 of the Gas Safety Act 1997 insert— "128 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 (1) In this section— commencement day means the day on which section 37 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation. (2) In any proceeding commenced on or after the commencement day, section 95(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 94 before that commencement day.". __________________ s. 38 -- 29 of 32 -- Part 6—Amendments to the Gas Industry Act 2001 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 27 Authorised by the Chief Parliamentary Counsel PART 6—AMENDMENTS TO THE GAS INDUSTRY ACT 2001 41 Compensation for wrongful disconnection (1) After section 48A(1) of the Gas Industry Act 2001 insert— "(1A) Despite subsection (1), if the relevant customer does not notify the licensee of the disconnection within 14 days after the disconnection, the maximum payment under a condition under subsection (1) is the prescribed capped amount.". (2) In section 48A(5) of the Gas Industry Act 2001 insert the following definition— "prescribed capped amount means— (a) the amount prescribed by the regulations for the purposes of subsection (1A); or (b) if no amount is prescribed, $3,500.00;". 42 Statute law revision In section 235 of the Gas Industry Act 2001, for "sections 54, 84, 113, 188, 189 and 213" substitute "section 213". __________________ See: Act No. 31/2001. Reprint No. 4 as at 1 July 2009 and amending Act Nos 57/2009, 68/2009, 10/2010, 55/2010, 72/2010 and 74/2010. LawToday: www. legislation. vic.gov.au s. 41 -- 30 of 32 -- Part 7—Repeal of Amending Act Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 28 Authorised by the Chief Parliamentary Counsel PART 7—REPEAL OF AMENDING ACT 43 Repeal of this Act This Act is repealed on 30 September 2013. 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. 43 -- 31 of 32 -- Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 No. 59 of 2011 29 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 14 September 2011 Legislative Council: 13 October 2011 The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Safety Act 1998, the Victorian Energy Efficiency Target Act 2007, the Electricity Industry Act 2000, the Gas Safety Act 1997 and the Gas Industry Act 2001 and for other purposes." Endnotes -- 32 of 32 --