Energy Legislation (Miscellaneous Amendments) Act 2006
i
Energy Legislation (Miscellaneous Amendments)
Act 2006
Act No. 31/2006
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000 3
3. Repeal of sections 11, 12(1)(b)(ii) and 12(2) 3
4. Supplier of last resort 3
PART 3—AMENDMENT OF GAS INDUSTRY ACT 2001 5
5. Supplier of last resort 5
PART 4—AMENDMENT OF GAS SAFETY ACT 1997 7
6. False labelling in relation to Type A appliances 7
7. Power of inspector to require information or documents 7
8. Definitions 8
9. Regulations 8
PART 5—AMENDMENT OF LOCAL GOVERNMENT ACT 1989 9
10. Sewers, pipes, wires etc. of public authorities not affected 9
11. Consequential amendment to Local Government Act 1989 9
═══════════════
ENDNOTES 10
-- 1 of 11 --
1
Energy Legislation (Miscellaneous
Amendments) Act 2006 †
[Assented to 13 June 2006]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The purposes of this Act are—
(a) to amend the Electricity Industry Act 2000
to repeal the provisions relating to the
conferral of power on the ACCC in relation
to transmission pricing and to amend the
supplier of last resort provisions; and
Victoria
No. 31 of 2006
-- 2 of 11 --
Part 1—Preliminary
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
2
(b) to amend the Gas Industry Act 2001 in
relation to the supplier of last resort
provisions; and
(c) to amend the Gas Safety Act 1997 to
improve the operation of that Act; and
(d) to amend section 207C of the Local
Government Act 1989 to define a public
authority as including certain private entities.
2. Commencement
(1) This Act, other than section 11, comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 11 comes into operation on the day on
which section 213 of the Pipelines Act 2005
comes into operation.
__________________
s. 2
-- 3 of 11 --
Part 2—Amendment of Electricity Industry Act 2000
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
3
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000
3. Repeal of sections 11, 12(1)(b)(ii) and 12(2)
Sections 11, 12(1)(b)(ii) and 12(2) of the
Electricity Industry Act 2000 are repealed.
4. Supplier of last resort
(1) In section 27 of the Electricity Industry
Act 2000—
(a) in sub-sections (1), (7) and (9), for
"customers" (wherever occurring) substitute
"relevant customers";
(b) in sub-sections (5) and (10A), for "a
customer" substitute "a relevant customer".
(2) After section 27(13) of the Electricity Industry
Act 2000 insert—
'(14) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or a class of persons
specified in the Order is, for the purposes of
this section, a relevant customer or class of
relevant customers.
(15) An Order under sub-section (14) may specify
a class of persons by reference to all or any
of the following—
(a) the person authorised to sell the
electricity;
(b) the purpose for which the electricity is
used;
(c) the quantity of electricity used;
(d) the period of use;
(e) the place of supply;
See:
Act No.
68/2000.
Reprint No. 3
as at
14 July 2005
and
amending
Act Nos
39/2005,
65/2005 and
9/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 3
-- 4 of 11 --
Part 2—Amendment of Electricity Industry Act 2000
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
4
(f) any other specified factor relevant to
the sale of electricity.
(16) An Order under sub-section (14) may confer
powers and functions on, and leave any
matter to be decided by, the Commission.
(17) In this section "relevant customer" means a
person, or a member of a class of persons, to
whom an Order under sub-section (14)
applies.'.
__________________
s. 4
-- 5 of 11 --
Part 3—Amendment of Gas Industry Act 2001
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
5
PART 3—AMENDMENT OF GAS INDUSTRY ACT 2001
5. Supplier of last resort
(1) In section 34 of the Gas Industry Act 2001—
(a) in sub-sections (1), (8) and (10), for
"customers" (wherever occurring) substitute
"relevant customers";
(b) in sub-sections (5) and (11A), for "a
customer" substitute "a relevant customer".
(2) After section 34(14) of the Gas Industry Act
2001 insert—
'(15) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or a class of persons
specified in the Order is, for the purposes of
this section, a relevant customer or class of
relevant customers.
(16) An Order under sub-section (15) may specify
a class of persons by reference to all or any
of the following—
(a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;
(e) the place of supply;
(f) any other specified factor relevant to
the sale of gas.
(17) An Order under sub-section (15) may confer
powers and functions on, and leave any
matter to be decided by, the Commission.
See:
Act No.
31/2001.
Reprint No. 2
as at
1 March 2005
and
amending
Act Nos
25/2004,
108/2004,
33/2005,
39/2005,
61/2005 and
9/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 5
-- 6 of 11 --
Part 3—Amendment of Gas Industry Act 2001
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
6
(18) In this section "relevant customer" means a
person, or a member of a class of persons, to
whom an Order under sub-section (15)
applies.'.
__________________
s. 5
-- 7 of 11 --
Part 4—Amendment of Gas Safety Act 1997
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
7
PART 4—AMENDMENT OF GAS SAFETY ACT 1997
6. False labelling in relation to Type A appliances
In section 71B of the Gas Safety Act 1997, after
"affix" insert "or cause to be affixed".
7. Power of inspector to require information or
documents
(1) In section 99(1)(c) of the Gas Safety Act 1997 for
"case." substitute "case; or".
(2) After section 99(1)(c) of the Gas Safety Act 1997
insert—
"(d) determining compliance with this Act or the
regulations.".
(3) After section 99(1) of the Gas Safety Act 1997
insert—
"(1A) An inspector must obtain the prior written
consent of Energy Safe Victoria before each
exercise of a power under this section for the
purpose of determining compliance with this
Act or the regulations.".
(4) In section 99(3) of the Gas Safety Act 1997, after
"sub-section (2)" insert "for a purpose set out in
sub-section (1)(a), (1)(b) or (1)(c)".
See:
Act No.
99/1997.
Reprint No. 2
as at
14 February
2002
and
amending
Act Nos
24/2002,
108/2004 and
39/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 6
-- 8 of 11 --
Part 4—Amendment of Gas Safety Act 1997
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
8
(5) After section 99(3) of the Gas Safety Act 1997
insert—
"(4) A person must not refuse or fail, without
reasonable excuse, to comply with a
requirement made under sub-section (2) for
the purpose of determining compliance with
this Act or the regulations.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.".
8. Definitions
(1) Insert the following heading to section 117AB of
the Gas Safety Act 1997—
"Definitions".
(2) In section 117AB of the Gas Safety Act 1997
insert the following definition—
' "inspector", in relation to an offence against
section 72(1) or 72(2), includes—
(a) the Plumbing Industry Commissioner
appointed under Part 12A of the
Building Act 1993; and
(b) a plumbing inspector appointed under
Part 12A of the Building Act 1993;'.
9. Regulations
After section 118(1)(w) of the Gas Safety Act
1997 insert—
"(wa) empowering Energy Safe Victoria to exempt
a class or classes of persons from the
requirement to undertake the testing of gas;".
__________________
s. 8
-- 9 of 11 --
Part 5—Amendment of Local Government Act 1989
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
9
PART 5—AMENDMENT OF LOCAL GOVERNMENT
ACT 1989
10. Sewers, pipes, wires etc. of public authorities not
affected
After section 207C(3) of the Local Government
Act 1989 insert—
'(4) In this section "public authority"
includes—
(a) any person who is a licensee within the
meaning of the Electricity Industry
Act 2000 or the Gas Industry Act
2001; and
(b) any person who under the Pipelines
Act 1967 is—
(i) permitted to own or use a pipeline;
or
(ii) licensed to construct or operate a
pipeline.'.
11. Consequential amendment to Local Government
Act 1989
For section 207C(4)(b) of the Local Government
Act 1989 substitute—
"(b) any person who under the Pipelines Act
2005 is the holder of a licence to construct
and operate a pipeline.".
═══════════════
See:
Act No.
11/1989.
Reprint No. 8
as at
28 July 2005
and
amending
Act Nos
92/1990,
18/2005 and
53/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
s. 10
-- 10 of 11 --
Energy Legislation (Miscellaneous Amendments) Act 2006
Act No. 31/2006
10
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 4 May 2006
Legislative Council: 7 June 2006
The long title for the Bill for this Act was "to amend the Electricity
Industry Act 2000, the Gas Industry Act 2001, the Gas Safety Act
1997 and the Local Government Act 1989 and for other purposes."
Endnotes
-- 11 of 11 --