Energy Legislation Amendment (Australian Energy Market Operator) Act 2009
i
Energy Legislation Amendment (Australian Energy
Market Operator) Act 2009
No. 23 of 2009
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—ELECTRICITY INDUSTRY RELATED AMENDMENTS 3
Division 1—Amendments to the National Electricity (Victoria)
Act 2005 3
3 Repeal of section 11—VENCorp's participation in the national
electricity market 3
4 New Part 5 inserted 3
PART 5—VICTORIAN DECLARED NETWORKS 3
Division 1—Ministerial declarations 3
30 Declaration of declared transmission system 3
31 Declaration of declared transmission system operator 3
Division 2—AEMO's declared network functions 4
32 Application of AEMO's declared network functions 4
33 Certain defined terms for the purposes of the National
Electricity (Victoria) Law 4
Division 3—Regulatory arrangements 5
34 Definitions 5
35 Declaration of current connection agreements and
current network agreements 6
36 Ministerial specification of ESC code or guideline or
provision under ESC code or guideline 7
37 Current network agreements 8
38 Current connection agreements 8
39 Specified code or guidelines and specified VENCorp
provisions 8
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40 Current VENCorp transmission determination 9
41 VENCorp's negotiating framework and negotiated
transmission service criteria 9
Division 4—Land access for augmentations 10
42 Definition 10
43 Model lease and licence 10
44 Declared transmission system operator must provide
access to land and premises 11
45 Resolution of dispute arising from attempt to negotiate
a lease or licence 12
46 Termination of lease or licence 13
47 General principles governing AER determinations 13
Division 5—Other matters 14
48 Notice of change to declared transmission system
operator 14
49 Appointment of Responsible Officer 15
50 Customer load shedding arrangements 15
Division 2—Amendments to the Electricity Industry Act 2000 16
5 Amendments to section 3—Definitions 16
6 Amendment to section 8—Application of Part 16
7 Amendment to section 16—Prohibition 16
8 Repeal of sections 21(h), 21(i) and 21(v)—Specific licence
conditions 16
9 Repeal of section 26A—Guidelines about access to land 16
10 Repeal of section 26B—Commission may require licensee to
enter into lease of land 17
11 New section 33A inserted 17
33A Ministerial powers in relation to transmission company
licences 17
12 Repeal of Part 4—Electricity transmission 17
13 Amendment to section 85—Definitions 17
14 Repeal of section 94(1)—Rateability of certain property 17
15 Repeal of section 117—Liability for failure to supply electricity 18
PART 3—GAS INDUSTRY RELATED AMENDMENTS 19
Division 1—Amendments to the National Gas (Victoria) Act 2008 19
16 New definitions inserted 19
17 New section 9A inserted 19
9A Designated pipelines 19
18 New section 16A inserted 20
16A Regulations 20
19 Amendment to section 17—Definitions 20
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20 Part 6 substituted 21
PART 6—DECLARED SYSTEMS AND REGULATED
GAS MARKETS 21
Division 1—Ministerial declarations 21
39 Declared distribution systems and declared
transmission systems 21
40 Declared host retailer 21
41 Declared LNG storage providers and agreements 21
42 Declared metering requirement 22
43 Declared wholesale gas market 22
Division 2—AEMO's declared system functions 23
44 Application of AEMO's declared system functions 23
45 Certain defined terms for the purposes of the National
Gas (Victoria) Law 23
Division 3—Regulatory arrangements 24
46 Definitions 24
47 Declaration of current operating agreements 25
48 Ministerial specification of ESC code or guidelines or
provisions under ESC codes or guidelines 25
49 Current operating agreement 26
50 Current service envelope agreement 26
51 Specified code or guidelines and specified VENCorp
provisions 27
Division 4—Gas emergencies 27
52 Definitions 27
53 Gas emergency protocol 28
54 Ministerial directions 29
55 Registered participants must comply with gas
emergency protocol 30
56 Gas emergency protocol—transitional provision 30
Division 5—Other matters 30
57 Notice of change to declared LNG storage provider or
declared LNG supplier 30
58 MSO Rules procedures and guidelines—transitional
provision 32
Division 2—Amendments to the Gas Industry Act 2001 34
21 Definitions 34
22 Repeal of section 13—Connections to and adjuncts of gas
distribution system 35
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23 Repeal of section 14—Connections to and adjuncts of gas
transmission system 35
24 Repeal of section 16—Sale of gas under MSO Rules 35
25 Repeal of section 19—Conferral of functions on ACCC 35
26 Amendment to section 24—Exemptions 35
27 Amendment to section 51D—Licence condition—supplier of
last resort 36
28 Amendments to section 67A—Commission directions to
AEMO in relation to supplier of last resort trigger events 36
29 Gas market provisions 37
30 Repeal of Part 8—Abolition of VENCorp 37
31 Amendments to section 231 —Proceedings for offences 37
32 Amendments to section 233—Exemption from liability to
transmit or convey gas 37
33 Repeal of sections 236(2) and 236(3)—Regulations 37
34 New Part 11 inserted 38
PART 11—ABOLITION OF VENCORP 38
237 Definitions 38
238 Abolition of VENCorp 39
239 Transferred employees 41
240 Financial reporting obligations 42
241 Taxes 43
242 Validity of things done under this Part 43
243 Corporations Act displacement 44
244 Savings and transitional regulations 45
PART 4—OTHER AMENDMENTS 46
35 Amendments to the Victorian Energy Efficiency Target
Act 2007 46
36 Amendments to the Victorian Renewable Energy Act 2006 47
37 Amendments to the Gas Safety Act 1997 47
38 Amendments to the Energy Legislation Amendment (Retail
Competition and Other Matters) Act 2008 48
PART 5—REPEAL OF AMENDING ACT 49
39 Repeal of Act 49
═══════════════
ENDNOTES 50
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1
Energy Legislation Amendment
(Australian Energy Market Operator)
Act 2009 †
No. 23 of 2009
[Assented to 17 June 2009]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are to—
(a) amend the National Electricity (Victoria)
Act 2005 to provide for the operation of
certain provisions of the National Electricity
(Victoria) Law relating to the electricity
transmission system in Victoria; and
Victoria
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Part 1—Preliminary
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No. 23 of 2009
2
(b) amend the National Gas (Victoria) Act
2008 to provide for the operation of certain
provisions of the National Gas (Victoria)
Law relating to specific transmission and
distribution pipelines and the operation of
the wholesale and retail gas markets in
Victoria; and
(c) amend the Gas Industry Act 2001 to
abolish VENCorp and transfer all rights,
responsibilities, assets and liabilities of
VENCorp to the Australian Energy Market
Operator; and
(d) amend the Electricity Industry Act 2000,
the Gas Industry Act 2001 and various
other Acts to facilitate the transfer of rights,
responsibilities, assets and liabilities from
VENCorp to the Australian Energy Market
Operator; and
(e) amend the Electricity Industry Act 2000 to
transfer the regulation of access to land and
premises for the purpose of electricity
transmission system augmentations from the
Essential Services Commission to the
Australian Energy Regulator.
2 Commencement
This Act comes into operation on a day or days to
be proclaimed.
__________________
s. 2
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Part 2—Electricity Industry Related Amendments
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No. 23 of 2009
3
PART 2—ELECTRICITY INDUSTRY RELATED
AMENDMENTS
Division 1—Amendments to the National Electricity
(Victoria) Act 2005
3 Repeal of section 11—VENCorp's participation in
the national electricity market
Section 11 of the National Electricity (Victoria)
Act 2005 is repealed.
4 New Part 5 inserted
After Part 4 of the National Electricity (Victoria)
Act 2005 insert—
"__________________
PART 5—VICTORIAN DECLARED
NETWORKS
Division 1—Ministerial declarations
30 Declaration of declared transmission
system
The Minister, by Order published in the
Government Gazette, may declare a
transmission system, or a part of a
transmission system, situated wholly or
substantially in Victoria to be the declared
transmission system.
31 Declaration of declared transmission
system operator
The Minister, by Order published in the
Government Gazette, may declare a person
who owns, controls or operates the declared
transmission system, or a part of the declared
See:
Act No.
8/2005
and
amending
Act Nos
28/2007 and
66/2007.
LawToday:
www.
legislation.
vic.gov.au
s. 3
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transmission system, to be a declared
transmission system operator.
Division 2—AEMO's declared network
functions
32 Application of AEMO's declared network
functions
Subdivision 3 of Division 2 of Part 5 of the
National Electricity (Victoria) Law applies in
this jurisdiction.
Note
See section 50(2) of the National Electricity (Victoria)
Law.
33 Certain defined terms for the purposes of
the National Electricity (Victoria) Law
For the purposes of the National Electricity
(Victoria) Law—
declared transmission system means a
transmission system or a part of a
transmission system declared by Order
under section 30 to be the declared
transmission system;
declared transmission system operator
means a person declared by Order
under section 31 to be a declared
transmission system operator, or any
successor in law or assignee of that
person.
s. 4
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Division 3—Regulatory arrangements
34 Definitions
In this Division—
approved VENCorp revised pricing
methodology means the pricing
methodology—
(a) for the prices to be charged by
VENCorp for prescribed common
transmission services and
prescribed TUOS services
provided by it from 1 July 2008;
and
(b) that was approved by the AER
under the current VENCorp
transmission determination;
current connection agreement means an
agreement specified by Order under
section 35 to be a current connection
agreement;
current network agreement means an
agreement specified by Order under
section 35 to be a current network
agreement;
current VENCorp transmission
determination means the transmission
determination made by the AER on
11 April 2008 regulating, for the period
commencing 1 July 2008 and ending
30 June 2014—
(a) the revenues specified in the
determination to be earned by
VENCorp in that period; and
s. 4
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(b) the prices to be charged for
prescribed common transmission
services and prescribed TUOS
services provided by VENCorp in
that period;
prescribed common transmission services
has the same meaning as in the
National Electricity Rules;
prescribed TUOS services has the same
meaning as in the National Electricity
Rules;
specified code or guideline means a code or
guideline specified, or specified as
modified, under an Order under
section 36;
specified VENCorp provision means a
provision of a code or guideline
specified, or specified as modified,
under an Order under section 36;
transition day means the day on which
section 34 of the Energy Legislation
Amendment (Australian Energy
Market Operator) Act 2009 comes
into operation.
35 Declaration of current connection
agreements and current network
agreements
(1) The Minister, by Order published in the
Government Gazette, may specify an
agreement to which VENCorp is a party to
be—
(a) a current connection agreement; or
(b) a current network agreement.
s. 4
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(2) To avoid doubt, subsection (1) does not
prevent the Minister from specifying an
agreement to be both a current connection
agreement and a current network agreement.
36 Ministerial specification of ESC code or
guideline or provision under ESC code or
guideline
(1) The Minister, by Order published in the
Government Gazette, may specify a code or
guideline published by the ESC, or a
provision of such a code or guideline, that—
(a) relates to the provision of electricity
network services by a declared
transmission system operator or relates
to the declared transmission system;
and
(b) confers a function or power, or imposes
a duty, on VENCorp—
as, as the case requires, a specified code or
guideline or a specified VENCorp provision
if the Minister considers that AEMO must be
conferred that function or power, or be
subject to that duty.
(2) The code or guideline published by the ESC,
or the provision of such a code or guideline,
that is specified by an Order under
subsection (1), may be specified as modified
by that Order to make any necessary or
consequential amendments to the code or
guideline, or the provision of the code or
guideline, in its application to AEMO.
s. 4
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37 Current network agreements
On the transition day, a current network
agreement is to be taken to be a network
agreement (within the meaning of section
50D(1) of the National Electricity (Victoria)
Law).
Note
By operation of section 238 of the Gas Industry Act
2001, AEMO replaced VENCorp as a party in every
agreement to which VENCorp was a party
immediately before the transition day.
38 Current connection agreements
On the transition day, a current connection
agreement is to be taken to be a connection
agreement under section 50E of the National
Electricity (Victoria) Law.
Note
By operation of section 238 of the Gas Industry Act
2001, AEMO replaced VENCorp as a party in every
agreement to which VENCorp was a party
immediately before the transition day.
39 Specified code or guidelines and specified
VENCorp provisions
(1) On and after the transition day, AEMO is, by
force of this subsection—
(a) conferred a function or power
VENCorp had under a specified code or
guideline or specified VENCorp
provision immediately before that day;
and
(b) subject to every duty imposed on
VENCorp under a specified code or
guideline or specified VENCorp
provision immediately before that day.
s. 4
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(2) On and after the transition day, every
reference to VENCorp in a specified code or
guideline or specified VENCorp provision is
to be taken to be a reference to AEMO
unless the context otherwise requires.
40 Current VENCorp transmission
determination
(1) On and after the transition day, the approved
VENCorp revised pricing methodology is to
be taken to—
(a) apply to prices to be charged by AEMO
for prescribed common transmission
services and prescribed TUOS services
provided by AEMO by means of, or in
connection with, the declared shared
network on and after the transition day;
and
(b) is to be regarded as the AEMO pricing
methodology.
(2) On and after the transition day, every
reference to VENCorp in the approved
AEMO pricing methodology is to be taken to
be a reference to AEMO unless the context
otherwise requires.
41 VENCorp's negotiating framework and
negotiated transmission service criteria
(1) In this section—
VENCorp negotiating framework means the
negotiating framework (as defined in
Chapter 10 of the National Electricity
Rules) approved by the AER under the
current VENCorp transmission
determination;
s. 4
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VENCorp negotiated transmission service
criteria means the negotiating
transmission service criteria (as defined
in Chapter 10 of the National
Electricity Rules) specified under the
current VENCorp transmission
determination.
(2) On and after the transition day, the
VENCorp negotiating framework is to be
taken to apply to AEMO and every reference
in that framework to VENCorp is to be taken
to be a reference to AEMO unless the
context otherwise requires.
(3) On and after the transition day, the
VENCorp negotiated transmission service
criteria are to be taken to apply to AEMO
and every reference in those criteria to
VENCorp is to be taken to be a reference to
AEMO unless the context otherwise
requires.
Division 4—Land access for augmentations
42 Definition
In this Division—
prospective declared transmission system
operator means a person who is
authorised or required under the
National Electricity (Victoria) Law to
augment the declared transmission
system and who may therefore become
a declared transmission system operator
on completion of the augmentation.
43 Model lease and licence
The Minister, by Order published in the
Government Gazette, may—
s. 4
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(a) specify a lease for land to be a model
lease for the purpose of this Division;
or
(b) specify a licence over land to be a
model licence for the purpose of this
Division.
44 Declared transmission system operator
must provide access to land and premises
(1) A declared transmission system operator
must—
(a) allow a prospective declared
transmission system operator, and any
agents and contractors of the
prospective declared transmission
system operator, such access to the land
and premises of the declared
transmission system operator on which
the declared transmission system is
situated as may be reasonably
necessary for the construction and
operation of the augmentation of the
declared transmission system; and
(b) grant to the prospective declared
transmission system operator any lease
or licence the prospective declared
transmission system operator
reasonably requires for the purposes of
constructing and operating the
augmentation.
(2) A declared transmission system operator
must allow AEMO, and any agents and
contractors of AEMO, such access to the
land and premises of the declared
transmission system operator on which the
declared transmission system is situated as
may be reasonably required by AEMO to
s. 4
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facilitate the planning of an augmentation of
the declared transmission system.
45 Resolution of dispute arising from attempt
to negotiate a lease or licence
(1) The AER, on application by a declared
transmission system operator or prospective
declared transmission system operator, may
make a determination to resolve a dispute
arising from an attempt to negotiate the
granting of a lease or licence referred to in
section 44(1)(b).
(2) The determination may determine the terms
and conditions of the lease or licence.
(3) In making a determination, the AER must
have regard to the model lease or model
licence (as the case requires).
(4) If the AER determines the terms and
conditions of a lease or licence, a lease or
licence is taken to arise between the
interested parties in accordance with the
AER's determination.
(5) A determination may only be made under
this section if—
(a) the AER is satisfied that the applicant
has made a reasonable, but
unsuccessful, attempt to negotiate the
lease or licence; and
(b) the AER has given the declared
transmission system operator and
prospective declared transmission
system operator an opportunity to make
representations about the terms of the
proposed determination.
s. 4
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(6) A determination under this section takes
effect on a date specified in the
determination.
(7) A determination under this section must be
published on the website of—
(a) the AER; and
(b) AEMO.
46 Termination of lease or licence
A lease or licence granted or taken to have
arisen under this Division may not be
terminated or revoked during the period of
construction or operation of the
augmentation unless agreed by both parties
or as expressly provided for in the lease or
licence.
47 General principles governing AER
determinations
The provisions applicable to the
determination of an access dispute in the
National Electricity (Victoria) Law apply to
a determination by the AER of a dispute
under this Division with the following
changes—
(a) section 131(1)(c), section 131(2),
section 132 and section 133 do not
apply;
(b) any further changes necessary to adapt
those provisions to the determination of
a dispute under this Division.
s. 4
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Division 5—Other matters
48 Notice of change to declared transmission
system operator
(1) If a declared transmission system operator
enters into any agreement that transfers or
assigns the ownership, control or operation
of the declared transmission system or a part
of the declared transmission system, the
operator must provide, as soon as practicable
after entering into the agreement, the
required details to—
(a) the Minister; and
(b) AEMO.
(2) On receipt of the required details under
subsection (1), AEMO must publish those
details on its website.
(3) AEMO, by publishing the required details on
its website, incurs no liability for breach of
contract, breach of confidence or any other
civil wrong.
(4) In this section—
required details means the following details
of the person to whom a declared
transmission system operator transfers
or assigns the ownership, control or
operation of the declared transmission
system or a part of the declared
transmission system—
(a) name;
(b) Australian Company Number or
Australian Business Number;
(c) principal place of business;
s. 4
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(d) any other information specified by
the Minister by notice published
in the Government Gazette.
49 Appointment of Responsible Officer
(1) The Minister may, by instrument, delegate to
AEMO the powers, duties and functions of
the Minister under clause 3.10 and 3.11 of
the Memorandum.
(2) In this section—
Memorandum means the National
Electricity Market Memorandum of
Understanding on the Use of
Emergency Powers entered into
between the State of New South Wales,
the State of Victoria, the State of
Queensland, the State of South
Australia, the Australian Capital
Territory, and NEMMCO, dated
24 November 1998.
50 Customer load shedding arrangements
On the commencement of section 12 of the
Energy Legislation Amendment
(Australian Energy Market Operator) Act
2009, an agreement, arrangement or
determination made under section 80 of the
Electricity Industry Act 2000, and in force
immediately before that commencement, is
deemed to be an agreement, arrangement or
determination under section 115A of the
National Electricity (Victoria) Law.".
s. 4
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Division 2—Amendments to the Electricity Industry
Act 2000
5 Amendments to section 3—Definitions
(1) In section 3 of the Electricity Industry Act 2000
insert the following definition—
"AEMO means Australian Energy Market
Operator Limited (ACN 072 010 327);".
(2) In section 3 of the Electricity Industry Act 2000,
the definitions of NEMMCO and VENCorp are
repealed.
(3) In section 3 of the Electricity Industry Act 2000,
in the definition of wholesale electricity market,
for "NEMMCO" substitute "AEMO".
6 Amendment to section 8—Application of Part
In section 8 of the Electricity Industry Act 2000
omit ", VENCorp".
7 Amendment to section 16—Prohibition
After section 16(2) of the Electricity Industry
Act 2000 insert—
"(3) Subsection (1) does not apply to AEMO
when it is performing a function or
exercising a power under the National
Electricity (Victoria) Law.".
8 Repeal of sections 21(h), 21(i) and 21(v)—Specific
licence conditions
Sections 21(h), 21(i) and 21(v) of the Electricity
Industry Act 2000 are repealed.
9 Repeal of section 26A—Guidelines about access to
land
Section 26A of the Electricity Industry Act 2000
is repealed.
See:
Act No.
68/2000.
Reprint No. 4
as at
9 November
2006
and
amending
Act Nos
35/2007,
55/2007,
25/2008 and
59/2008.
LawToday:
www.
legislation.
vic.gov.au
s. 5
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10 Repeal of section 26B—Commission may require
licensee to enter into lease of land
Section 26B of the Electricity Industry Act 2000
is repealed.
11 New section 33A inserted
After section 33 of the Electricity Industry Act
2000 insert—
"33A Ministerial powers in relation to
transmission company licences
(1) Despite anything to the contrary in this
Division, the Minister, by Order published in
the Government Gazette, may—
(a) revoke a condition to which a licence to
transmit electricity is subject; or
(b) amend a condition to which a licence to
transmit electricity is subject; or
(c) revoke a licence.
(2) The Minister, as soon as practicable after
making an Order under subsection (1), must
notify the Commission of the making of an
Order.".
12 Repeal of Part 4—Electricity transmission
Part 4 of the Electricity Industry Act 2000 is
repealed.
13 Amendment to section 85—Definitions
In section 85 of the Electricity Industry Act
2000, in the definition of electricity corporation,
omit "VENCorp,".
14 Repeal of section 94(1)—Rateability of certain
property
Section 94(1) of the Electricity Industry Act
2000 is repealed.
s. 10
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15 Repeal of section 117—Liability for failure to supply
electricity
Section 117 of the Electricity Industry Act 2000
is repealed.
__________________
s. 15
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Part 3—Gas Industry Related Amendments
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No. 23 of 2009
19
PART 3—GAS INDUSTRY RELATED AMENDMENTS
Division 1—Amendments to the National Gas (Victoria)
Act 2008
16 New definitions inserted
In section 3(1) of the National Gas (Victoria)
Act 2008 insert the following definitions—
"AEMO means Australian Energy Market
Operator Limited (ACN 072 010 327);
Energy Safe Victoria means Energy Safe Victoria
established under section 4 of the Energy
Safe Victoria Act 2005;
Essential Services Commission or ESC means the
Essential Services Commission established
under section 7 of the Essential Services
Commission Act 2001;
MSO Rules means the rules made on 2 February
1999 under section 48N of the Gas Industry
Act 1994 (and continued in effect under
clause 17 of Schedule 5 to the Gas Industry
(Residual Provisions) Act 1994), as in force
immediately before the transition day;
transition day means the day on which section 34
of the Energy Legislation Amendment
(Australian Energy Market Operator) Act
2009 comes into operation.".
17 New section 9A inserted
After section 9 of the National Gas (Victoria)
Act 2008 insert—
"9A Designated pipelines
(1) In the National Gas (Victoria) Law, and any
Rules made for the purposes of that Law,
designated pipeline means a pipeline
See:
Act No.
30/2008
and
amending
Act Nos
30/2008 and
59/2008.
LawToday:
www.
legislation.
vic.gov.au
s. 16
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designated by Order under subsection (2) to
be a designated pipeline.
(2) The Minister, by Order published in the
Government Gazette, may designate a
pipeline or a part of a pipeline to be a
designated pipeline.
(3) Once the Minister has made an Order
designating a pipeline or a part of a pipeline
to be a designated pipeline, the Minister
cannot make another Order that designates
any other pipeline or a part of a pipeline to
be a designated pipeline.".
18 New section 16A inserted
After section 16 of the National Gas (Victoria)
Act 2008 insert—
"16A Regulations
The Governor in Council may make
regulations for or with respect to prescribing
a provision of the declared system provisions
to be—
(a) a civil penalty provision; or
(b) a conduct provision.
Note
The terms declared system provisions, civil penalty
provision and conduct provision are defined in the
National Gas (Victoria) Law.".
19 Amendment to section 17—Definitions
In section 17 of the National Gas (Victoria) Act
2008, the definition of Essential Services
Commission or ESC is repealed.
s. 18
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20 Part 6 substituted
For Part 6 of the National Gas (Victoria) Act
2008 substitute—
"__________________
PART 6—DECLARED SYSTEMS AND
REGULATED GAS MARKETS
Division 1—Ministerial declarations
39 Declared distribution systems and
declared transmission systems
The Minister, by Order published in the
Government Gazette, may declare—
(a) a distribution pipeline, or a part of a
distribution pipeline, situated wholly or
partly in Victoria to be a declared
distribution system;
(b) a transmission pipeline, or a part of a
transmission pipeline, situated wholly
or partly in Victoria to be a declared
transmission system.
40 Declared host retailer
The Minister, by Order published in the
Government Gazette, may declare a user to
be a declared host retailer.
41 Declared LNG storage providers and
agreements
The Minister, by Order published in the
Government Gazette, may declare—
(a) a person who owns, controls or
operates a facility for storing liquefied
natural gas in Victoria to be a declared
LNG storage provider;
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(b) a person who owns, controls or
operates a facility, in Victoria, that
converts natural gas into liquefied
natural gas to be a declared LNG
supplier;
(c) an agreement relating to, among other
things, the supply of liquefied natural
gas for storage to be a declared LNG
supply agreement.
42 Declared metering requirement
(1) The Minister, by Order published in the
Government Gazette, may declare the ESC
Gas Distribution System Code, or any
provision of that Code, to be a declared
metering requirement.
(2) The ESC Gas Distribution System Code, or
the provision of that Code, that is declared
by an Order under subsection (1), may be
declared as modified by that Order to make
any necessary or consequential amendments
to the Code, or the provision of the Code, in
its continuing application under the National
Gas Rules.
(3) In this section—
ESC Gas Distribution Code means
Version 9.0 of the Gas Distribution
System Code, published by the ESC,
dated 12 December 2008, as in force
immediately before the transition day.
43 Declared wholesale gas market
The Minister, by Order published in the
Government Gazette, may declare a
wholesale gas market that operates in
Victoria to be a declared wholesale gas
market.
s. 20
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Division 2—AEMO's declared system functions
44 Application of AEMO's declared system
functions
Division 2 of Part 6 of Chapter 2 of the
National Gas (Victoria) Law applies in this
jurisdiction.
Note
See section 91B of the National Gas (Victoria) Law.
45 Certain defined terms for the purposes of
the National Gas (Victoria) Law
For the purposes of the National Gas
(Victoria) Law—
declared distribution system means a
distribution pipeline, or a part of a
distribution pipeline, declared by Order
under section 39 to be a declared
distribution system;
declared host retailer means a user declared
by Order under section 40 to be a
declared host retailer;
declared LNG storage provider means a
person who owns, controls or operates
a facility for storing liquefied natural
gas in Victoria declared by Order under
section 41 to be a declared LNG
storage provider, or any successor in
law or assignee of that LNG storage
provider;
declared LNG supplier means a person who
owns, controls or operates a facility, in
Victoria, that converts natural gas into
liquefied natural gas declared by Order
under section 41 to be a declared LNG
supplier, or any successor in law or
assignee of that LNG supplier;
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declared LNG supply agreement means an
agreement relating to the supply of
liquefied natural gas, as amended from
time to time, declared by Order under
section 41 to be a declared LNG supply
agreement;
declared metering requirement means the
ESC Gas Distribution System Code, or
the provisions of that Code, declared, or
declared as modified, by Order under
section 42 to be a declared metering
requirement;
declared transmission system means a
transmission pipeline, or a part of a
transmission pipeline, declared by
Order under section 39 to be a declared
transmission system;
declared wholesale gas market means a
wholesale gas market declared by
Order under section 43 to be a declared
wholesale gas market;
licensee has the same meaning as in the Gas
Industry Act 2001.
Division 3—Regulatory arrangements
46 Definitions
In this Division—
current operating agreement means an
agreement specified by Order under
section 47 to be a current operating
agreement;
current service envelope agreement means
the Service Envelope Agreement
entered into between VENCorp,
APA GasNet Australia Pty Ltd
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ACN 079 136 413, and APA GasNet
Australia (Operations) Pty Ltd
ACN 083 009 278, dated 20 November
2006 as amended from time to time;
specified code or guideline means a code or
guideline specified, or specified as
modified, under an Order under
section 48;
specified VENCorp provision means a
provision of a code or guideline
specified, or specified as modified,
under an Order under section 48.
47 Declaration of current operating
agreements
The Minister, by Order published in the
Government Gazette, may specify an
agreement to which VENCorp is a party to
be a current operating agreement.
48 Ministerial specification of ESC code or
guidelines or provisions under ESC codes
or guidelines
(1) The Minister, by Order published in the
Government Gazette, may specify a code or
guideline published by the ESC, or a
provision of such a code or guideline, that
confers a function or power, or imposes a
duty, on VENCorp and that relates to—
(a) the provision of pipeline services
provided by means of a transmission
pipeline that is a declared transmission
system; or
(b) a transmission pipeline that is a
declared transmission system; or
s. 20
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(c) the operation and administration of a
declared wholesale gas market—
as, as the case requires, a specified code or
guideline or a specified VENCorp provision
if the Minister considers that AEMO must be
conferred that function or power, or be
subject to that duty.
(2) The code or guideline published by the ESC,
or the provision of such a code or guideline,
that is specified by an Order under
subsection (1), may be specified as modified
by that Order to make any necessary or
consequential amendments to the code or
guideline, or the provision of the code or
guideline, in its application to AEMO.
49 Current operating agreement
On the transition day, a current operating
agreement is to be taken to be an operating
agreement (within the meaning of section
91BG(1) of the National Gas (Victoria)
Law).
Note
By operation of section 238 of the Gas Industry Act
2001, AEMO replaced VENCorp as a party in every
agreement to which VENCorp was a party
immediately before the transition day.
50 Current service envelope agreement
On the transition day, the current service
envelope agreement is to be taken to be a
service envelope agreement (within the
meaning of section 91BE(1) of the National
Gas (Victoria) Law).
Note
By operation of section 238 of the Gas Industry Act
2001, AEMO replaced VENCorp as a party in every
s. 20
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agreement to which VENCorp was a party
immediately before the transition day.
51 Specified code or guidelines and specified
VENCorp provisions
(1) On and after the transition day, AEMO is, by
force of this subsection—
(a) conferred a function or power
VENCorp had under a specified code or
guideline or specified VENCorp
provision immediately before that day;
and
(b) subject to every duty imposed on
VENCorp under a specified code or
guideline or specified VENCorp
provision immediately before that day.
(2) On and after the transition day, every
reference to VENCorp in a specified code or
guideline or specified VENCorp provision is
to be taken to be a reference to the AEMO
unless the context otherwise requires.
Division 4—Gas emergencies
52 Definitions
In this Division—
Gas Emergency Procedures means the
document entitled Emergency
Procedures (Gas) dated 6 February
2008—
(a) prepared by VENCorp under
clause 6.2.2(c) of the MSO Rules;
and
(b) as in force immediately before the
transition day;
s. 20
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gas emergency protocol means a protocol
made by AEMO under section 53;
Gas Curtailment Guidelines means Issue 7.0
of the Gas Load Curtailment and Gas
Rationing and Recovery Guidelines—
(a) published by VENCorp and dated
March 2003; and
(b) as in force immediately before the
transition day;
Gas Curtailment List means the emergency
curtailment list prepared by VENCorp
under clause 6.4.3 of the MSO Rules,
as in force immediately before the
transition day.
53 Gas emergency protocol
(1) Subject to this Division, AEMO must make
and keep up to date a protocol (a gas
emergency protocol) that—
(a) classifies gas emergencies into
categories having regard to their scale,
effect, or any other relevant matter or
circumstance;
(b) describes the actions to be taken by
AEMO, Energy Safe Victoria,
Registered participants, and any other
relevant party for each category of gas
emergency;
(c) sets out the customers or classes of
customers to be curtailed in the case of
each category of gas emergency and the
order of their curtailment;
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(d) describes the matters or things to be
taken into account in determining who
will be curtailed in the case of each
category of gas emergency and the
order of their curtailment;
(e) sets out the order of restoration of
supply of gas to customers or classes of
customers;
(f) describes the matters or things to be
taken into account in determining the
order of restoration of supply of gas to
customers or classes of customers;
(g) provides for rationing of the supply of
gas and the basis on which it will be
administered;
(h) provides for how gas emergencies are
to be managed and by whom;
(i) provides for any other matter relating to
a gas emergency.
(2) AEMO must publish a gas emergency
protocol it makes on its website.
(3) Before making a gas emergency protocol,
AEMO must consult with the Minister,
Energy Safe Victoria and Registered
participants.
(4) In making a gas emergency protocol, AEMO
must have regard to the economic and social
needs of the Victorian community.
54 Ministerial directions
(1) The Minister may give AEMO a written
direction in relation to—
(a) what should or should not be in a gas
emergency protocol made or to be
made by AEMO; or
s. 20
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(b) the administration or operation of a gas
emergency protocol made or to be
made by AEMO.
(2) AEMO must comply with a direction under
subsection (1).
55 Registered participants must comply with
gas emergency protocol
(1) Subject to subsection (2), a Registered
participant must comply with a gas
emergency protocol published by AEMO.
(2) A Registered participant is not required to
comply with a gas emergency protocol, or a
part of a gas emergency protocol, published
by AEMO that is inconsistent with a
direction given to the Registered
participant—
(a) by Energy Safe Victoria; or
(b) by the Minister under Part 9 of the Gas
Industry Act 2001.
56 Gas emergency protocol—transitional
provision
On the transition day, all of the Gas
Emergency Procedures, the Gas Curtailment
Guidelines and the Gas Curtailment List, are
to be taken to be one gas emergency protocol
made by AEMO.
Division 5—Other matters
57 Notice of change to declared LNG storage
provider or declared LNG supplier
(1) If a declared LNG storage provider enters
into an agreement that transfers or assigns
the ownership, control or operation of the
facility for storing liquefied natural gas, the
s. 20
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provider must provide, as soon as practicable
after entering into the agreement, the
required details to—
(a) the Minister; and
(b) AEMO.
(2) If a declared LNG supplier enters into an
agreement that transfers or assigns the
ownership, control or operation of the
facility that converts natural gas into
liquefied natural gas, the supplier must
provide, as soon as practicable after entering
into the agreement, the required details to—
(a) the Minister; and
(b) AEMO.
(3) On receipt of the required details under
subsection (1) or (2), AEMO must publish
those details on its website.
(4) AEMO, by publishing the required details on
its website, incurs no liability for breach of
contract, breach of confidence or any other
civil wrong.
(5) In this section—
required details means—
(a) for the person to whom a declared
LNG storage provider transfers or
assigns the ownership, control or
operation of the facility for storing
liquefied natural gas—
(i) name;
(ii) Australian Company
Number or Australian
Business Number;
(iii) principal place of business;
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(iv) any other information
specified by the Minister by
notice published in the
Government Gazette;
(b) for the person to whom a declared
LNG supplier transfers or assigns
the ownership, control or
operation of the facility that
converts natural gas into liquefied
natural gas—
(i) name;
(ii) Australian Company
Number or Australian
Business Number;
(iii) principal place of business;
(iv) any other information
specified by the Minister by
notice published in the
Government Gazette.
58 MSO Rules procedures and guidelines—
transitional provision
(1) On the transition day, MSO Rules
procedures and guidelines are to be taken to
be Wholesale Market Procedures.
(2) In this section—
MSO Rules procedures and guidelines
means any of the following documents
as in force immediately before the
transition day—
(a) the system security guidelines
established and updated from time
to time under clause 1.2.1(c) of
the MSO Rules;
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(b) the gas scheduling procedures
developed, documented and made
available under clause 3.1.1(d) of
the MSO Rules;
(c) the demand forecast procedures
established, modified and
published under clause 3.1.3A(d)
of the MSO Rules;
(d) the accreditation procedures
established and published under
clause 3.1.6(d) of the MSO Rules;
(e) the administered pricing
procedure established under
clause 3.2.5(a) of the MSO Rules;
(f) the compensation guidelines
established and updated under
clause 3.6.5A(i) of the MSO
Rules;
(g) the ancillary payment procedures
established and published under
clause 3.6.7(aa) of the MSO
Rules;
(h) the uplift payments procedures
established and published under
clause 3.6.8(a) of the MSO Rules;
(i) the connections guidelines
established and updated from time
to time under clause 4.1.7(f) of the
MSO Rules;
(j) the energy content procedures
established under clause
4.4.13(ea) of the MSO Rules;
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(k) the metering communications
procedures referred to under
clause 4.4.18(c) of the MSO
Rules;
(l) the data validation process
established under clause 4.4.24(b)
of the MSO Rules;
(m) the electronic communication
procedures developed under
clause 5.1.2(e) of the MSO Rules;
(n) the AMDQ credit certificates
transfer procedures established
and published under clause
5.3.5(b) of the MSO Rules.".
Division 2—Amendments to the Gas Industry Act 2001
21 Definitions
In section 3 of the Gas Industry Act 2001—
(a) insert the following definitions—
"AEMO means Australian Energy
Market Operator Limited
(ACN 072 010 327);
Registered participant has the same meaning
as in the National Gas (Victoria) Law;";
(b) for the definition of gas transmission
company substitute—
"gas transmission company means any
person, other than AEMO, who owns,
operates or provides a service by means
of a transmission pipeline;";
(c) the definitions of AER, civil penalty
provision, conduct provision, market
participant, MSO Rules, regulatory
provision and VENCorp are repealed.
s. 21
See:
Act No.
31/2001.
Reprint No. 3
as at
11 October
2006
and
amending
Act Nos
35/2007,
55/2007,
30/2008 and
59/2008.
LawToday:
www.
legislation.
vic.gov.au
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22 Repeal of section 13—Connections to and adjuncts
of gas distribution system
Section 13 of the Gas Industry Act 2001 is
repealed.
23 Repeal of section 14—Connections to and adjuncts
of gas transmission system
Section 14 of the Gas Industry Act 2001 is
repealed.
24 Repeal of section 16—Sale of gas under MSO Rules
Section 16 of the Gas Industry Act 2001 is
repealed.
25 Repeal of section 19—Conferral of functions on
ACCC
Section 19 of the Gas Industry Act 2001 is
repealed.
26 Amendment to section 24—Exemptions
For section 24(1) of the Gas Industry Act 2001
substitute—
"(1) The Governor in Council, by Order
published in the Government Gazette, may
exempt—
(a) a person from the requirement to obtain
a licence in respect of the activity
specified in the Order; or
(b) a person from the requirement to obtain
registration under section 91BJ or
91LB of the National Gas (Victoria)
Law.".
s. 22
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27 Amendment to section 51D—Licence condition—
supplier of last resort
For section 51D(5)(b) of the Gas Industry Act
2001 substitute—
"(b) the defaulting licensee's registration as a
Registered participant in the capacity of a
retailer is revoked under the National Gas
Rules after a notice of suspension was issued
to the licensee by AEMO under those
Rules—".
28 Amendments to section 67A—Commission
directions to AEMO in relation to supplier of last
resort trigger events
(1) In the heading to section 67A of the Gas Industry
Act 2001, for "VENCorp" substitute "AEMO".
(2) For section 67A(1) and (2) of the Gas Industry
Act 2001 substitute—
"(1) The Commission, by written notice, may
direct AEMO to do a thing specified in the
notice so that a relevant customer in the
retail gas market regulated under the Retail
Market Procedures can be supplied gas by a
supplier of last resort on the occurrence of a
trigger event.
(2) Despite anything to the contrary in this Act,
the Retail Market Procedures or the National
Gas Rules, AEMO must comply with a
notice under subsection (1).".
s. 27
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(3) In section 67A(3) of the Gas Industry Act
2001—
(a) insert the following definitions—
"National Gas Rules has the same meaning
as in the National Gas (Victoria) Law;
retail gas market has the same meaning as in
the National Gas (Victoria) Law;
Retail Market Procedures has the same
meaning as in the National Gas
(Victoria) Law;";
(b) the definition of VENCorp retail gas market
rules is repealed.
29 Gas market provisions
Divisions 1 and 3 of Part 4, and sections 60 to 67
of the Gas Industry Act 2001 are repealed.
30 Repeal of Part 8—Abolition of VENCorp
Part 8 of the Gas Industry Act 2001 is repealed.
31 Amendments to section 231—Proceedings for
offences
In section 231 of the Gas Industry Act 2001 omit
"or VENCorp" (wherever occurring).
32 Amendments to section 233—Exemption from
liability to transmit or convey gas
In section 233 of the Gas Industry Act 2001—
(a) subsection (1)(a) is repealed; and
(b) in subsection (2), omit "gas transmission
company or a".
33 Repeal of sections 236(2) and 236(3)—Regulations
Sections 236(2) and 236(3) of the Gas Industry
Act 2001 are repealed.
s. 29
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34 New Part 11 inserted
After Part 10 of the Gas Industry Act 2001
insert—
"PART 11—ABOLITION OF VENCORP
237 Definitions
In this Part—
current VENCorp transmission
determination has the same meaning as
in section 34 of the National
Electricity (Victoria) Act 2005;
Dispute resolution panel has the same
meaning as in the National Gas
(Victoria) Law;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
specified code or specified code provision
means—
(a) a specified code or guideline
(within the meaning of Division 3
of Part 6 of the National Gas
(Victoria) Act 2008); or
s. 34
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(b) a specified VENCorp provision
(within the meaning of Division 3
of Part 6 of the National Gas
(Victoria) Act 2008); or
(c) a specified code or guideline
(within the meaning of Division 3
of Part 5 of the National
Electricity (Victoria) Act 2005);
or
(d) a specified VENCorp provision
(within the meaning of Division 3
of Part 5 of the National
Electricity (Victoria) Act 2005);
transferred employee means an employee
transferred to AEMO by force of this
Part;
transition day means the day on which
section 34 of the Energy Legislation
Amendment (Australian Energy
Market Operator) Act 2009 comes
into operation;
tribunal includes the Dispute resolution
panel;
VENCorp means the Victorian Energy
Networks Corporation continued under
Part 8 as in force immediately before
the transition day.
238 Abolition of VENCorp
(1) On the transition day—
(a) VENCorp is abolished; and
(b) any person holding office as a director
of VENCorp ceases to hold office.
s. 34
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(2) On the transition day—
(a) AEMO is the successor in law of
VENCorp; and
(b) all rights, property and assets that were
vested in VENCorp immediately before
the transition day vest, by force of this
section, in AEMO; and
(c) all debts, liabilities and obligations of
VENCorp become, by force of this
section, debts, liabilities and obligations
of AEMO; and
(d) AEMO is, by force of this section,
substituted as a party to any
proceedings pending in any court or
tribunal to which VENCorp was a party
immediately before the transition day;
and
(e) AEMO is, by force of this section,
substituted as a party to any
arrangement or contract entered into by
or on behalf of VENCorp as a party and
in force immediately before the
transition day; and
(f) any reference to VENCorp in any Act
or law or in any proclamation, Order in
Council, rule, regulation, order,
agreement, instrument, deed, will or
other document other than a specified
code or specified code provision or the
current VENCorp transmission
determination is, so far as it relates to
any period after the transition day and
if not inconsistent with the context or
subject matter, construed as a reference
to AEMO.
s. 34
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239 Transferred employees
(1) A person who was an employee of VENCorp
immediately before the transition day is to be
regarded as—
(a) having been employed by AEMO with
effect from the transition day; and
(b) having been employed by AEMO on
the same terms and conditions as those
that applied to the person, immediately
before the transition day, as an
employee of VENCorp; and
(c) having accrued an entitlement to
benefits, in connection with that
employment by AEMO, that is
equivalent to the entitlement that the
person had accrued, as an employee of
VENCorp, immediately before the
transition day.
(2) The service of a transferred employee as an
employee of AEMO is to be regarded for all
purposes as having been continuous with the
service of the employee, immediately before
the transition day, as an employee of
VENCorp.
(3) A transferred employee is not entitled to
receive any payment or other benefit by
reason only of having ceased to be an
employee of VENCorp because of this Part.
(4) Nothing in this section prevents—
(a) any terms and conditions of
employment of a transferred employee
from being altered by or under any law,
award or agreement with effect from
any time after the transition day; or
s. 34
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(b) a transferred employee from resigning
or being dismissed at any time after the
transition day in accordance with the
then existing terms and conditions of
his or her employment by AEMO.
240 Financial reporting obligations
(1) AEMO must comply with any accountability
and reporting obligations under Part 7 of the
Financial Management Act 1994 in relation
to VENCorp's transferred assets and
liabilities for the financial year ending
30 June 2009 as if—
(a) a reference in Part 7 of that Act to a
public body were a reference to
AEMO; and
(b) a reference in Part 7 of that Act to an
accountable officer were a reference to
the chief executive officer of AEMO.
(2) AEMO, in the report required under Part 7 of
the Financial Management Act 1994
because of subsection (1), must include—
(a) a copy of each direction given to
VENCorp during the financial year
ending 30 June 2009 under section 163
or 171 (as in force immediately before
their repeal by section 30 of the Energy
Legislation Amendment (Australian
Energy Market Operator) Act 2009),
together with a statement of VENCorp's
response to each direction; and
(b) a copy of the statement of corporate
intent last completed by VENCorp
before the commencement of section 30
of the Energy Legislation
Amendment (Australian Energy
Market Operator) Act 2009.
s. 34
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(3) In this section—
VENCorp's transferred assets and liabilities
means the assets and liabilities
transferred to AEMO under this Part.
241 Taxes
No duty or other tax is chargeable under any
Act in respect of anything done under this
Part or in respect of any act or transaction
connected with or necessary to be done by
reason of this Part, including a transaction
entered into or an instrument made,
executed, lodged or given, for the purpose
of, or connected with the transfer of
property, rights or liabilities of VENCorp.
242 Validity of things done under this Part
(1) Nothing effected by this Part or suffered
under this Part—
(a) is to be taken as placing any person in
breach of contract or confidence, or as
otherwise exposing the person to civil
liability; or
(b) is to be taken as placing any person in
breach of, or as constituting a default
under, any Act or other law or any
provision in any agreement,
arrangement or understanding
including, but not limited to, any
provision prohibiting or restricting the
assignment or transfer of any property
or right or the disclosure of any
information; or
(c) is to be taken as fulfilling any condition
which allows a person to exercise a
power, right or remedy in respect of, or
to terminate, any agreement or
obligation; or
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(d) is to be taken as giving rise to any
remedy for a party to a contract or an
instrument or as causing or permitting
the termination of any contract or
instrument because of a change in the
beneficial or legal ownership of any
property, right or liability; or
(e) is to be taken as causing any contract or
instrument to be void or otherwise
unenforceable; or
(f) is to be taken as frustrating any
contract; or
(g) releases any surety or other obligor
wholly or in part from any obligation.
(2) In this section Act does not include the
Charter of Human Rights and
Responsibilities Act 2006.
243 Corporations Act displacement
To the extent that any provision of this Part
is incapable of concurrent operation with a
provision of the Corporations Act
(a designated Commonwealth provision),
the provision of this Part is declared to be a
Corporations legislation displacement
provision for the purposes of section 5G of
that Act in relation to the designated
Commonwealth provision.
Note
Section 5G of the Corporations Act provides that if a
State law declares a provision of a State law to be a
Corporations legislation displacement provision, any
provision of the Corporations legislation with which
the State provision would otherwise be inconsistent
does not apply to the extent necessary to avoid the
inconsistency.
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244 Savings and transitional regulations
(1) The Governor in Council may make
regulations for or with respect to matters of a
savings or transitional nature consequent on
the enactment of this Part.
(2) Regulations made under this section may
have a retrospective effect to a day on or
after the transition day.
(3) This section expires on the first anniversary
of the transition day.
__________________".
__________________
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46
PART 4—OTHER AMENDMENTS
35 Amendments to the Victorian Energy Efficiency
Target Act 2007
(1) In section 3(1) of the Victorian Energy
Efficiency Target Act 2007 insert the following
definition—
"AEMO means Australian Energy Market
Operator Limited (ACN 072 010 327);".
(2) In section 3(1) of the Victorian Energy
Efficiency Target Act 2007, the definitions of
NEMMCO and VENCorp are repealed.
(3) In section 3(1) of the Victorian Energy
Efficiency Target Act 2007, in the definition of
scheme acquisition—
(a) in paragraph (a), for "NEMMCO" (wherever
occurring) substitute "AEMO";
(b) for paragraph (b) substitute—
"(b) gas from a producer, storage provider
or interconnected pipeline operator
(within the meaning of the National
Gas Rules) or from AEMO or a person
or body prescribed for the purposes of
this paragraph but does not include any
acquisition of gas by AEMO;".
(4) In section 66 of the Victorian Energy Efficiency
Target Act 2007—
(a) in paragraph (b), for "VENCorp" substitute
"AEMO";
(b) paragraph (c) is repealed.
(5) In section 75(1)(c) of the Victorian Energy
Efficiency Target Act 2007, for "NEMMCO or
VENCorp" substitute "AEMO".
See:
Act No.
70/2007.
LawToday:
www.
legislation.
vic.gov.au
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36 Amendments to the Victorian Renewable Energy
Act 2006
(1) In section 3(1) of the Victorian Renewable
Energy Act 2006 insert the following
definition—
"AEMO means Australian Energy Market
Operator Limited (ACN 072 010 327);".
(2) In section 3(1) of the Victorian Renewable
Energy Act 2006, the definition of NEMMCO is
repealed.
(3) In section 54(1) of the Victorian Renewable
Energy Act 2006, for "NEMMCO" substitute
"AEMO".
(4) In section 56(a) of the Victorian Renewable
Energy Act 2006, for "NEMMCO" substitute
"AEMO".
(5) In section 58 of the Victorian Renewable Energy
Act 2006, for "NEMMCO" substitute "AEMO".
(6) In section 106 of the Victorian Renewable
Energy Act 2006—
(a) for paragraph (b) substitute—
"(b) AEMO; or";
(b) paragraph (c) is repealed.
37 Amendments to the Gas Safety Act 1997
(1) In section 3(1) of the Gas Safety Act 1997 insert
the following definition—
"AEMO means Australian Energy Market
Operator Limited (ACN 072 010 327);".
(2) In section 3(1) of the Gas Safety Act 1997, in the
definition of gas company, after paragraph (a)
insert—
"(ab) AEMO; or".
See:
Act No.
72/2006
and
amending
Act No.
28/2007.
LawToday:
www.
legislation.
vic.gov.au
s. 36
See:
Act No.
99/1997.
Reprint No. 3
as at
1 May 2008
and
amending
Act No.
59/2008.
LawToday:
www.
legislation.
vic.gov.au
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(3) After section 37(7) of the Gas Safety Act 1997
insert—
"(8) The safety case for a facility submitted by
VENCorp to Energy Safe Victoria in
October 2008 and in force immediately
before the commencement of section 37 of
the Energy Legislation Amendment
(Australian Energy Market Operator) Act
2009 is to be taken to continue in force under
this section as if the safety case were
submitted by AEMO.".
38 Amendments to the Energy Legislation Amendment
(Retail Competition and Other Matters) Act 2008
Section 30(1) and sections 31 to 38 of the Energy
Legislation Amendment (Retail Competition
and Other Matters) Act 2008 are repealed.
__________________
See:
Act No.
59/2008.
LawToday:
www.
legislation.
vic.gov.au
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PART 5—REPEAL OF AMENDING ACT
39 Repeal of Act
This Act is repealed on the first anniversary of
the first day on which all of its provisions are in
operation.
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
† Minister's second reading speech—
Legislative Assembly: 7 May 2009
Legislative Council: 4 June 2009
The long title for the Bill for this Act was "A Bill for an Act to amend the
National Electricity (Victoria) Act 2005, the Electricity Industry Act
2000, the National Gas (Victoria) Act 2008, the Gas Industry Act 2001
and the Gas Safety Act 1997, to make consequential amendments to
various other Acts and for other purposes."
Endnotes
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