Essential Services Commission (Amendment) Act 2004

Victorian Legislation and Parliamentary Documents i Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—ESSENTIAL SERVICES COMMISSION ACT 2001 3 3. Section 12 substituted—Commission not subject to direction or control 3 12. Commission not subject to direction or control 3 4. Amendment of section 18—The Chairperson 3 5. Repeal of spent provisions 3 PART 3—ELECTRICITY INDUSTRY ACT 2000 4 6. Amendment of section 13—Regulation of tariffs for prescribed customers 4 7. Amendment of section 15—Continuation of charges relating to distribution system 4 8. Amendment of section 17—Exemptions 4 9. Amendment of section 18—Application for licence 4 10. Amendment of section 19—Determination of application 5 11. Amendment of section 20—Provisions relating to licences 5 12. Amendment of section 21—Specific licence conditions 5 13. Amendment of section 26—Condition relating to customer- related standards, procedures, policies and practices 5 14. Amendment of section 27—Supplier of last resort 6 15. Amendment of section 31—Transfer of licence 6 16. Amendment of section 33—Exceptions from prohibition 6 17. Amendment of section 34—Appointment of administrator 6 18. Amendment of section 35—Offer to domestic or small business customers 7 19. Amendment of section 36—Terms and conditions of contracts for sale of electricity to certain customers 7 20. Amendment of section 38—Variation of contracts with former franchise customers 7 -- 1 of 28 -- Victorian Legislation and Parliamentary Documents Section Page ii 21. Amendment of section 39—Deemed contracts for supply and sale for relevant customers 7 22. Amendment of section 45—Cost recovery 7 23. Amendment of section 46—General powers in relation to Orders 8 24. Amendment of section 49—Commission may determine certain matters 8 25. Amendment of section 70—Power to require information relating to interests 9 26. Amendment of section 71—Disposal of interest 9 27. Amendment of section 73—Revocation of licence 10 28. Amendment of section 74—Annulment of certain resolutions of licensee 10 29. Amendment of section 75—Making, revocation or variation of determination by the Commission 10 30. Amendment of section 76—Appeal against determination of the Commission 11 31. Amendment of section 79B—Cost recovery 11 PART 4—ENERGY LEGISLATION (REGULATORY REFORM) ACT 2004 12 32. Amendment of section 5 12 PART 5—GAS INDUSTRY ACT 2001 13 33. Amendment of section 20—Tariff Order 13 34. Amendment of section 21—Regulation of tariffs for prescribed customers 13 35. Amendment of section 24—Exemptions 13 36. Amendment of section 25—Application for licence 14 37. Amendment of section 26—Determination of application 14 38. Amendment of section 28—Provisions relating to licences 14 39. Amendment of section 29—Specific licence conditions 14 40. Amendment of section 32—Condition relating to customer- related standards, procedures, policies and practices 14 41. Amendment of section 34—Supplier of last resort 15 42. Amendment of section 40—Transfer of licence 15 43. Amendment of section 41—Appointment of administrator 15 44. Amendment of section 42—Offer to domestic or small business customers 15 45. Amendment of section 43—Terms and conditions of contracts for sale of gas to certain customers 15 46. Amendment of section 45—Variation of contracts with former franchise customers 16 47. Amendment of section 46—Deemed contracts for supply and sale for relevant customers 16 48. Amendment of section 51—Commission may determine certain matters 16 -- 2 of 28 -- Victorian Legislation and Parliamentary Documents Section Page iii 49. Amendment of section 65—Approval of rules by the Commission 16 50. Amendment of section 68—Cost recovery 17 51. Amendment of section 69—Costs of VENCorp 17 52. Amendment of section 131—Power to require information relating to interests 17 53. Amendment of section 132—Disposal of interest 17 54. Amendment of section 134—Revocation of licence 18 55. Amendment of section 135—Annulment of certain resolutions of licensee 18 56. Amendment of section 136—Making, revocation or variation of determination by the Commission 19 57. Amendment of section 137—Appeal against determination of the Commission 19 PART 6—GRAIN HANDLING AND STORAGE ACT 1995 20 58. Amendment of section 16—Access rules 20 59. Amendment of section 17—Obligations of provider 20 60. Amendment of section 19—Application for general determination 20 61. Amendment of section 25B—Exemptions 20 62. Amendment of section 25C—Application for licence 20 63. Amendment of section 25D—Determination of application 21 64. Amendment of section 25E—Provisions relating to licences 21 65. Amendment of section 25F—Specific licence conditions 21 66. Amendment of section 25J—Transfer of licence 21 67. Repeal of section 25K 21 PART 7—PORT SERVICES ACT 1995 22 68. Amendment of section 59—Obligations of channel operator 22 69. Amendment of section 63B—Exemptions 22 70. Amendment of section 63C—Application for licence 22 71. Amendment of section 63D—Determination of application 22 72. Amendment of section 63E—Provisions relating to licences 22 73. Amendment of section 63F—Specific licence conditions 22 74. Amendment of section 63J—Transfer of licence 23 75. Repeal of section 63K 23 PART 8—WATER INDUSTRY ACT 1994 24 76. Amendment of section 4D—Water Industry Regulatory Order 24 ═══════════════ ENDNOTES 25 -- 3 of 28 -- Victorian Legislation and Parliamentary Documents 1 Essential Services Commission (Amendment) Act 2004† [Assented to 9 November 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to— (a) amend the Essential Services Commission Act 2001 to ensure the independence of the Essential Services Commission and to enable the Chairperson to engage in other employment; Victoria No. 75 of 2004 -- 4 of 28 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 2 (b) repeal provisions of the Essential Services Commission Act 2001 which are spent; (c) make amendments to specified Acts to clarify which decisions made by the Essential Services Commission under those Acts are determinations for the purposes of the Essential Services Commission Act 2001. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ s. 2 -- 5 of 28 -- Victorian Legislation and Parliamentary Documents Part 2—Essential Services Commission Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 3 PART 2—ESSENTIAL SERVICES COMMISSION ACT 2001 3. Section 12 substituted—Commission not subject to direction or control For section 12 of the Essential Services Commission Act 2001 substitute— "12. Commission not subject to direction or control Except as provided by or under this Act or any other Act, the Commission is not subject to the direction or control of the Minister.". 4. Amendment of section 18—The Chairperson For section 18(4) of the Essential Services Commission Act 2001 substitute— "(4) The Chairperson must not without the consent of the Governor in Council directly or indirectly engage in any paid employment outside of the office of Chairperson.". 5. Repeal of spent provisions Parts 9 to 15 of the Essential Services Commission Act 2001 are repealed. __________________ See: Act No. 62/2001. Reprint No. 1 as at 1 January 2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 6 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 4 PART 3—ELECTRICITY INDUSTRY ACT 2000 6. Amendment of section 13—Regulation of tariffs for prescribed customers (1) In section 13(3) of the Electricity Industry Act 2000 for "determination under the Essential Services Commission Act 2001" substitute "decision". (2) For section 13(4) of the Electricity Industry Act 2000 substitute— "(4) An Order under sub-section (1) has effect as from the date specified in the Order. (4A) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to an Order under sub-section (1) as if the Order were a determination made by the Commission under that Act.". 7. Amendment of section 15—Continuation of charges relating to distribution system In section 15(6) of the Electricity Industry Act 2000 for "determination under the Essential Services Commission Act 2001" substitute "decision". 8. Amendment of section 17—Exemptions In section 17(4) of the Electricity Industry Act 2000 for "determined" substitute "decided". 9. Amendment of section 18—Application for licence In section 18(2) of the Electricity Industry Act 2000 for "determined" substitute "required". See: Act No. 68/2000. Reprint No. 2 as at 1 July 2004 and amending Act Nos 106/2003, 12/2004 and 25/2004. LawToday: www.dms. dpc.vic. gov.au s. 6 -- 7 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 5 10. Amendment of section 19—Determination of application (1) Insert the following heading to section 19 of the Electricity Industry Act 2000— "Grant or refusal of application". (2) In section 19(4)(b) of the Electricity Industry Act 2000 for "determined" substitute "decided". (3) In section 19(7) of the Electricity Industry Act 2000 for "determine" substitute "decide". 11. Amendment of section 20—Provisions relating to licences In sections 20(1) and 20(2) of the Electricity Industry Act 2000 for "determined" substitute "decided". 12. Amendment of section 21—Specific licence conditions In section 21 of the Electricity Industry Act 2000— (a) in paragraph (l) for "determined" substitute "specified"; (b) in paragraph (t) for "determined" substitute "specified". 13. Amendment of section 26—Condition relating to customer-related standards, procedures, policies and practices In section 26 of the Electricity Industry Act 2000— (a) in sub-section (1)(b) for "make a determination requiring" substitute "require"; (b) in sub-sections (2), (3) and (4) for "determination" (wherever occurring) substitute "requirement"; s. 10 -- 8 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 6 (c) in sub-section (4) after "sub-section (1)" insert "as if it were a determination made by the Commission under the Essential Services Commission Act 2001". 14. Amendment of section 27—Supplier of last resort (1) In sections 27(7)(b), 27(11) and 27(13) of the Electricity Industry Act 2000 for "determined" substitute "specified". (2) In section 27(8) of the Electricity Industry Act 2000 for "determines" substitute "specifies". (3) In section 27(12) of the Electricity Industry Act 2000 for "determination" substitute "specification". 15. Amendment of section 31—Transfer of licence (1) In section 31(2) of the Electricity Industry Act 2000 for "determined" substitute "required". (2) In sections 31(8) and 31(9) of the Electricity Industry Act 2000 for "determine" substitute "decide". (3) In section 31(8) of the Electricity Industry Act 2000 for "determined" substitute "decided". 16. Amendment of section 33—Exceptions from prohibition In section 33(b)(ii) of the Electricity Industry Act 2000 for "determined" substitute "decided". 17. Amendment of section 34—Appointment of administrator In section 34(5) of the Electricity Industry Act 2000 for "determined" substitute "decided". s. 14 -- 9 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 7 18. Amendment of section 35—Offer to domestic or small business customers In sections 35(2) and 35(7) of the Electricity Industry Act 2000 for "determined" substitute "decided". 19. Amendment of section 36—Terms and conditions of contracts for sale of electricity to certain customers In sections 36(1)(a), 36(1)(b), 36(5) and 36(5B) of the Electricity Industry Act 2000 for "determined" substitute "decided". 20. Amendment of section 38—Variation of contracts with former franchise customers In section 38 of the Electricity Industry Act 2000 for "determined by the Commission" substitute "decided by the Commission". 21. Amendment of section 39—Deemed contracts for supply and sale for relevant customers (1) In sections 39(1)(b), 39(2)(e) and 39(7)(e) of the Electricity Industry Act 2000 for "determined" substitute "decided". (2) In section 39(5) of the Electricity Industry Act 2000 for "determine" substitute "decide". 22. Amendment of section 45—Cost recovery For section 45(2) of the Electricity Industry Act 2000 substitute— "(2) An Order under sub-section (1) may— (a) confer powers and functions on, and leave any matter to be determined by, the Commission; and s. 18 -- 10 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 8 (b) without limiting paragraph (a), direct the Commission to make a determination in respect of such factors and matters, or in accordance with such procedures, matters or bases, as are specified in the Order, or both. (2A) The Commission, under this section, has— (a) the powers and functions conferred on it under an Order under sub-section (1); and (b) the power to make any determination under the Essential Services Commission Act 2001 required or permitted under an Order under sub- section (1).". 23. Amendment of section 46—General powers in relation to Orders In section 46(3) of the Electricity Industry Act 2000 for "determined" substitute "decided". 24. Amendment of section 49—Commission may determine certain matters (1) Insert the following heading to section 49 of the Electricity Industry Act 2000— "Commission may decide certain matters". (2) In section 49 of the Electricity Industry Act 2000— (a) in sub-section (1)(a)— (i) for "determine" substitute "decide"; (ii) for "determination" substitute "decision"; s. 23 -- 11 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 9 (b) in sub-section (1)(b)— (i) for "determine" substitute "decide"; (ii) for "determination" substitute "decision"; (c) in sub-sections (2), (3) and (4) for "determination" (wherever occurring) substitute "decision". 25. Amendment of section 70—Power to require information relating to interests After section 70(3) of the Electricity Industry Act 2000 insert— "(4) The Commission must not make a determination under sub-section (3)(e) unless the Commission has given the person affected an opportunity to make representations on the matter. (5) The Commission must notify the person affected in writing of the reasons for its determination.". 26. Amendment of section 71—Disposal of interest After section 71(7) of the Electricity Industry Act 2000 insert— "(8) The Commission must not make a determination under sub-section (1), (5) or (7) unless the Commission has given the person affected an opportunity to make representations on the matter. (9) The Commission must notify the person affected in writing of the reasons for its determination.". s. 25 -- 12 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 10 27. Amendment of section 73—Revocation of licence After section 73(2) of the Electricity Industry Act 2000 insert— "(3) The Commission must not make a determination under sub-section (1) or (2) unless the Commission has given the person affected an opportunity to make representations on the matter. (4) The Commission must notify the person affected in writing of the reasons for its determination.". 28. Amendment of section 74—Annulment of certain resolutions of licensee After section 74(3) of the Electricity Industry Act 2000 insert— "(4) The Commission must not make a declaration under sub-section (1) unless the Commission has given the person affected an opportunity to make representations on the matter. (5) The Commission must notify the person affected in writing of the reasons for its decision to make the declaration.". 29. Amendment of section 75—Making, revocation or variation of determination by the Commission (1) Insert the following heading to section 75 of the Electricity Industry Act 2000— "Making, revocation or variation of determination by the Commission". s. 27 -- 13 of 28 -- Victorian Legislation and Parliamentary Documents Part 3—Electricity Industry Act 2000 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 11 (2) After section 75(2) of the Electricity Industry Act 2000 insert— "(2A) A determination of the Commission under this Part is not a determination of the Commission for the purposes of the Essential Services Commission Act 2001.". (3) Section 75(3) of the Electricity Industry Act 2000 is repealed. 30. Amendment of section 76—Appeal against determination of the Commission In section 76(1) of the Electricity Industry Act 2000 for "Despite anything to the contrary in the Essential Services Commission Act 2001, a" substitute "A". 31. Amendment of section 79B—Cost recovery (1) In section 79B(4) of the Electricity Industry Act 2000 for "determination under the Essential Services Commission Act 2001" substitute "decision". (2) After section 79B(7) of the Electricity Industry Act 2000 insert— "(8) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to an Order under sub-section (1) as if the Order were a determination made by the Commission under that Act.". __________________ s. 30 -- 14 of 28 -- Victorian Legislation and Parliamentary Documents Part 4—Energy Legislation (Regulatory Reform) Act 2004 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 12 PART 4—ENERGY LEGISLATION (REGULATORY REFORM) ACT 2004 32. Amendment of section 5 In section 5 of the Energy Legislation (Regulatory Reform) Act 2004, in the proposed section 15A of the Electricity Industry Act 2000— (a) in proposed sub-section (1)(b) after "to determine" insert "under the Essential Services Commission Act 2001"; (b) in proposed sub-section (1)(b) after "determination" insert "under the Essential Services Commission Act 2001"; (c) in proposed sub-section (1)(c) after "in determining" insert "under the Essential Services Commission Act 2001"; (d) in proposed sub-section (1)(c) after "determination" insert "under the Essential Services Commission Act 2001". __________________ See: Act No. 25/2004. Statute Book: www.dms. dpc.vic. gov.au s. 32 -- 15 of 28 -- Victorian Legislation and Parliamentary Documents Part 5—Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 13 PART 5—GAS INDUSTRY ACT 2001 33. Amendment of section 20—Tariff Order For section 20(8) of the Gas Industry Act 2001 substitute— "(8) An Order under sub-section (1) has effect as from the date specified in the Order. (8A) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to a Tariff Order as if the Tariff Order were a determination made by the Commission under that Act.". 34. Amendment of section 21—Regulation of tariffs for prescribed customers (1) In section 21(3) of the Gas Industry Act 2001 for "determination under the Essential Services Commission Act 2001" substitute "decision". (2) For section 21(4) of the Gas Industry Act 2001 substitute— "(4) An Order under sub-section (1) has effect as from the date specified in the Order. (4A) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to an Order under sub-section (1) as if the Order were a determination made by the Commission under that Act.". 35. Amendment of section 24—Exemptions In section 24(4) of the Gas Industry Act 2001 for "determined" substitute "decided". See: Act No. 31/2001. Reprint No. 1 as at 2 July 2002 and amending Act Nos 31/2001, 30/2003, 40/2003, 106/2003, 10/2004, 12/2004 and 25/2004. LawToday: www.dms. dpc.vic. gov.au s. 33 -- 16 of 28 -- Victorian Legislation and Parliamentary Documents Part 5—Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 14 36. Amendment of section 25—Application for licence In section 25(2) of the Gas Industry Act 2001 for "determined" substitute "required". 37. Amendment of section 26—Determination of application (1) In the heading to section 26 of the Gas Industry Act 2001 for "Determination" substitute "Grant or refusal". (2) In section 26(3) of the Gas Industry Act 2001 for "determine" substitute "decide". 38. Amendment of section 28—Provisions relating to licences In sections 28(1) and 28(2) of the Gas Industry Act 2001 for "determined" substitute "decided". 39. Amendment of section 29—Specific licence conditions In section 29 of the Gas Industry Act 2001— (a) in paragraph (c) for "determined" substitute "specified"; (b) paragraph (h) is repealed; (c) in paragraph (q) for "determined" substitute "specified". 40. Amendment of section 32—Condition relating to customer-related standards, procedures, policies and practices In section 32 of the Gas Industry Act 2001— (a) in sub-section (1)(b) for "make a determination requiring" substitute "require"; (b) in sub-sections (2), (3) and (4) for "determination" (wherever occurring) substitute "requirement"; s. 36 -- 17 of 28 -- Victorian Legislation and Parliamentary Documents Part 5—Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 15 (c) in sub-section (4) after "sub-section (1)" insert "as if it were a determination made by the Commission under the Essential Services Commission Act 2001". 41. Amendment of section 34—Supplier of last resort (1) In sections 34(8)(b), 34(12) and 34(14) of the Gas Industry Act 2001 for "determined" substitute "specified". (2) In section 34(9) of the Gas Industry Act 2001 for "determines" substitute "specifies". (3) In section 34(13) of the Gas Industry Act 2001 for "determination" substitute "specification". 42. Amendment of section 40—Transfer of licence (1) In section 40(2) of the Gas Industry Act 2001 for "determined" substitute "required". (2) In sections 40(6) and 40(7) of the Gas Industry Act 2001 for "determine" substitute "decide". (3) In section 40(6) of the Gas Industry Act 2001 for "determined" substitute "decided". 43. Amendment of section 41—Appointment of administrator In section 41(5) of the Gas Industry Act 2001 for "determined" substitute "decided". 44. Amendment of section 42—Offer to domestic or small business customers In sections 42(2) and 42(7) of the Gas Industry Act 2001 for "determined" substitute "decided". 45. Amendment of section 43—Terms and conditions of contracts for sale of gas to certain customers In sections 43(1)(a), 43(1)(b), 43(5) and 43(5B) of the Gas Industry Act 2001 for "determined" substitute "decided". s. 41 -- 18 of 28 -- Victorian Legislation and Parliamentary Documents Part 5—Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 16 46. Amendment of section 45—Variation of contracts with former franchise customers In section 45 of the Gas Industry Act 2001 for "determined by the Commission" substitute "decided by the Commission". 47. Amendment of section 46—Deemed contracts for supply and sale for relevant customers (1) In sections 46(1)(b), 46(2)(e) and 46(7)(e) of the Gas Industry Act 2001 for "determined" substitute "decided". (2) In section 46(5) of the Gas Industry Act 2001 for "determine" substitute "decide". 48. Amendment of section 51—Commission may determine certain matters (1) In the heading to section 51 of the Gas Industry Act 2001 for "determine" substitute "decide". (2) In section 51 of the Gas Industry Act 2001— (a) in sub-section (1)(a)— (i) for "determine" substitute "decide"; (ii) for "determination" substitute "decision"; (b) in sub-section (1)(b)— (i) for "determine" substitute "decide"; (ii) for "determination" substitute "decision"; (c) in sub-sections (2), (3) and (4) for "determination" (wherever occurring) substitute "decision". 49. Amendment of section 65—Approval of rules by the Commission In section 65(1) of the Gas Industry Act 2001 for "determine" substitute "decide". s. 46 -- 19 of 28 -- Victorian Legislation and Parliamentary Documents Part 5—Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 17 50. Amendment of section 68—Cost recovery (1) In section 68(3)(b) of the Gas Industry Act 2001 after "determination" insert "under the Essential Services Commission Act 2001". (2) Section 68(3A) of the Gas Industry Act 2001 is repealed. 51. Amendment of section 69—Costs of VENCorp After section 69(3) of the Gas Industry Act 2001 insert— "(4) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to a determination under sub-section (1) as if the determination were a determination made by the Commission under that Act.". 52. Amendment of section 131—Power to require information relating to interests After section 131(3) of the Gas Industry Act 2001 insert— "(4) The Commission must not make a determination under sub-section (3)(e) unless the Commission has given the person affected an opportunity to make representations on the matter. (5) The Commission must notify the person affected in writing of the reasons for its determination.". 53. Amendment of section 132—Disposal of interest After section 132(7) of the Gas Industry Act 2001 insert— "(8) The Commission must not make a determination under sub-section (1), (5) or (7) unless the Commission has given the person affected an opportunity to make representations on the matter. s. 50 -- 20 of 28 -- Victorian Legislation and Parliamentary Documents Part 5—Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 18 (9) The Commission must notify the person affected in writing of the reasons for its determination.". 54. Amendment of section 134—Revocation of licence After section 134(2) of the Gas Industry Act 2001 insert— "(3) The Commission must not make a determination under sub-section (1) or (2) unless the Commission has given the person affected an opportunity to make representations on the matter. (4) The Commission must notify the person affected in writing of the reasons for its determination.". 55. Amendment of section 135—Annulment of certain resolutions of licensee After section 135(3) of the Gas Industry Act 2001 insert— "(4) The Commission must not make a declaration under sub-section (1) unless the Commission has given the person affected an opportunity to make representations on the matter. (5) The Commission must notify the person affected in writing of the reasons for its decision to make the declaration.". s. 54 -- 21 of 28 -- Victorian Legislation and Parliamentary Documents Part 5—Gas Industry Act 2001 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 19 56. Amendment of section 136—Making, revocation or variation of determination by the Commission (1) In the heading to section 136 of the Gas Industry Act 2001 for "review and revocation" substitute "revocation or variation". (2) After section 136(2) of the Gas Industry Act 2001 insert— "(2A) A determination of the Commission under this Part is not a determination of the Commission for the purposes of the Essential Services Commission Act 2001.". (3) Section 136(3) of the Gas Industry Act 2001 is repealed. 57. Amendment of section 137—Appeal against determination of the Commission In section 137(1) of the Gas Industry Act 2001 for "Despite anything to the contrary in the Essential Services Commission Act 2001, a" substitute "A". __________________ s. 56 -- 22 of 28 -- Victorian Legislation and Parliamentary Documents Part 6—Grain Handling and Storage Act 1995 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 20 PART 6—GRAIN HANDLING AND STORAGE ACT 1995 58. Amendment of section 16—Access rules (1) In section 16(1) of the Grain Handling and Storage Act 1995 after "determines" insert "in accordance with Part 3 of the Essential Services Commission Act 2001". (2) After section 16(2) of the Grain Handling and Storage Act 1995 insert— "(3) The Commission must not determine for the purposes of sub-section (1) that all facilities used in the provision of prescribed services in the Port of Geelong or the Port of Portland have ceased to be significant infrastructure facilities.". 59. Amendment of section 17—Obligations of provider In section 17(3)(b) of the Grain Handling and Storage Act 1995 for "determined" substitute "decided". 60. Amendment of section 19—Application for general determination In section 19(5) of the Grain Handling and Storage Act 1995 for "determines" substitute "decides". 61. Amendment of section 25B—Exemptions In section 25B(4) of the Grain Handling and Storage Act 1995 for "determined" substitute "decided". 62. Amendment of section 25C—Application for licence In section 25C(2) of the Grain Handling and Storage Act 1995 for "determined" substitute "required". See: Act No. 45/1995. Reprint No. 2 as at 22 October 2003. LawToday: www.dms. dpc.vic. gov.au s. 58 -- 23 of 28 -- Victorian Legislation and Parliamentary Documents Part 6—Grain Handling and Storage Act 1995 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 21 63. Amendment of section 25D—Determination of application (1) In the heading to section 25D of the Grain Handling and Storage Act 1995 for "Determination" substitute "Grant or refusal". (2) In section 25D(4) of the Grain Handling and Storage Act 1995 for "determine" substitute "decide". 64. Amendment of section 25E—Provisions relating to licences In sections 25E(1) and 25E(2) of the Grain Handling and Storage Act 1995 for "determined" substitute "decided". 65. Amendment of section 25F—Specific licence conditions In section 25F(f) of the Grain Handling and Storage Act 1995 for "determined" substitute "decided". 66. Amendment of section 25J—Transfer of licence (1) In section 25J(2) of the Grain Handling and Storage Act 1995 for "determined" substitute "required". (2) In sections 25J(7) and 25J(8) of the Grain Handling and Storage Act 1995 for "determine" substitute "decide". (3) In section 25J(7) of the Grain Handling and Storage Act 1995 for "determined" substitute "decided". 67. Repeal of section 25K Section 25K of the Grain Handling and Storage Act 1995 is repealed. __________________ s. 63 -- 24 of 28 -- Victorian Legislation and Parliamentary Documents Part 7—Port Services Act 1995 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 22 PART 7—PORT SERVICES ACT 1995 68. Amendment of section 59—Obligations of channel operator In section 59(2)(b) of the Port Services Act 1995 for "determined" substitute "fixed". 69. Amendment of section 63B—Exemptions In section 63B(4) of the Port Services Act 1995 for "determined" substitute "decided". 70. Amendment of section 63C—Application for licence In section 63C(2) of the Port Services Act 1995 for "determined" substitute "required". 71. Amendment of section 63D—Determination of application (1) In the heading to section 63D for "Determination" substitute "Grant or refusal". (2) In section 63D(4) of the Port Services Act 1995 for "determine" substitute "decide". 72. Amendment of section 63E—Provisions relating to licences In sections 63E(1) and 63E(2) of the Port Services Act 1995 for "determined" substitute "decided". 73. Amendment of section 63F—Specific licence conditions In section 63F(f) of the Port Services Act 1995 for "determined" substitute "specified". See: Act No. 82/1995. Reprint No. 4 as at 1 July 2004. LawToday: www.dms. dpc.vic. gov.au s. 68 -- 25 of 28 -- Victorian Legislation and Parliamentary Documents Part 7—Port Services Act 1995 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 23 74. Amendment of section 63J—Transfer of licence (1) In section 63J(2) of the Port Services Act 1995 for "determined" substitute "required". (2) In sections 63J(7) and 63J(8) of the Port Services Act 1995 for "determine" substitute "decide". (3) In section 63J(7) of the Port Services Act 1995 for "determined" substitute "decided". 75. Repeal of section 63K Section 63K of the Port Services Act 1995 is repealed. __________________ s. 74 -- 26 of 28 -- Victorian Legislation and Parliamentary Documents Part 8—Water Industry Act 1994 Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 24 PART 8—WATER INDUSTRY ACT 1994 76. Amendment of section 4D—Water Industry Regulatory Order In section 4D(5) of the Water Industry Act 1994 for "decision" substitute "determination". ═══════════════ See: Act No. 121/1994. Reprint No. 4 as at 14 February 2002 and amending Act Nos 54/2001, 11/2002, 48/2003, 90/2003 and 12/2004. LawToday: www.dms. dpc.vic. gov.au s. 76 -- 27 of 28 -- Victorian Legislation and Parliamentary Documents Essential Services Commission (Amendment) Act 2004 Act No. 75/2004 25 ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 September 2004 Legislative Council: 3 November 2004 The long title for the Bill for this Act was "to amend the Essential Services Commission Act 2001, the Electricity Industry Act 2000, the Energy Legislation (Regulatory Reform) Act 2004, the Gas Industry Act 2001, the Grain Handling and Storage Act 1995, the Port Services Act 1995 and the Water Industry Act 1994 and for other purposes." Endnotes -- 28 of 28 --