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Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017

No. 1 of 2017

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purpose 12 Commencement 3

Part 2—Amendment of the Electricity Industry Act 2000 4

Division 1—Feed-in tariffs 4

3 Meaning of general renewable energy feed-in terms and conditions 4

4 Section 40FBA substituted 45 Commission to determine one or more rates for purchases of

small renewable energy generation electricity 46 New section 121 inserted 6

Division 2—Exemptions and other matters 7

7 Definitions 78 Exemptions 79 New Division 3A inserted 710 Rateability of certain property 10

Part 3—Amendment of the Electricity Safety Act 1998 12

11 Recall of electrical equipment 1212 Offence to fail to comply with requirement 1513 Director may give directions 15

Part 4—Amendment of the Gas Safety Act 1997 17

14 Recall of gas installations, appliances or components 1715 Offence to fail to comply with requirement 21

Part 5—Amendment of the National Electricity (Victoria) Act 2005 22

16 Application of certain provisions of the National Electricity (South Australia) Act 1996—distribution network connections etc. 22

17 New Division 6 inserted in Part 3 2218 New Schedule 4 inserted 23

1

Part 6—Amendment of the National Gas (Victoria) Act 2008 42

19 New Part 7 inserted 4220 New Schedule 1 inserted 43

Part 7—Amendment of the Victorian Energy Efficiency Target Act 2007 50

21 Information may be disclosed to specified persons or bodies 5022 Fees 51

Part 8—Repeal of amending Act 52

23 Repeal of amending Act 52═══════════════

Endnotes 53

1 General information 53

Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and

Markets) Act 2017†

No. 1 of 2017

[Assented to 14 February 2017]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purpose

The main purposes of this Act are—

(a) to amend the Electricity Industry Act 2000 in relation to—

Victoria

1

(i) the minimum annual tariff for general renewable energy feed-in terms and conditions; and

(ii) the registration of persons who are exempt from the obligation to hold a licence to generate, distribute, transmit, sell or supply electricity; and

(iii) the fees generators are required to pay local councils; and

(b) to amend the Electricity Safety Act 1998 in relation to safety directions and the recall of electrical equipment; and

(c) to amend the Gas Safety Act 1997 in relation to the recall of gas installations, appliances and components; and

(d) to amend the National Electricity (Victoria) Act 2005 to apply certain provisions of the National Electricity Law in relation to the operation of wholesale electricity markets and electricity networks; and

(e) to amend the National Gas (Victoria) Act 2008 to apply certain provisions of the National Gas Law in relation to the operation of wholesale gas markets and gas pipelines; and

(f) to amend the Victorian Energy Efficiency Target Act 2007—

(i) in relation to Commonwealth agencies the Essential Services Commission may share information with; and

(ii) to allow the Minister to fix fees for the purposes of regulations made under that Act.

Section Page

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2 Commencement

(1) This Act, except Division 2 of Part 2 and Parts 3, 4, 5, 6 and 7, comes into operation on the day after the day this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 1 January 2018, it comes into operation on that day.

Section Page

3

Part 2—Amendment of the Electricity Industry Act 2000

Division 1—Feed-in tariffs3 Meaning of general renewable energy feed-in terms

and conditions

In section 40FB(2)(a) of the Electricity Industry Act 2000, after "specified" insert "for a financial year".

4 Section 40FBA substituted

For section 40FBA of the Electricity Industry Act 2000 substitute—

"40FBA Rates for purchases of small renewable energy generation electricity

For the purposes of section 40FB(2)(a), in each financial year the amount to be credited against the charges payable to a relevant licensee by a customer who is a relevant generator is determined at—

(a) the rate or rates determined by the Commission under section 40FBB for that financial year; or

(b) if the Commission has not determined one or more rates under section 40FBB for that financial year—the rate or rates that applied immediately before the commencement of that financial year.".

5 Commission to determine one or more rates for purchases of small renewable energy generation electricity

(1) In the heading to section 40FBB of the Electricity Industry Act 2000, for "rate" substitute "one or more rates".

Part 8—Repeal of amending Act


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(2) In section 40FBB(1) of the Electricity Industry Act 2000—

(a) for "a rate" substitute "one or more rates";

(b) for "section 40FBA(b)(i)" substitute "section 40FBA(a)".

(3) For section 40FBB(2) of the Electricity Industry Act 2000 substitute—

"(2) A rate determined under subsection (1) must be—

(a) determined not later than 28 February in the financial year preceding the financial year in which it is to apply; and

(b) published in the Government Gazette not later than that date.".

(4) In section 40FBB(3) of the Electricity Industry Act 2000—

(a) for "making a determination for the purposes of section 40FBA(b)(i)" substitute "determining a rate for the purposes of section 40FBA(a)";

(b) in paragraph (b), for "electricity." substitute "electricity; and";

(c) after paragraph (b) insert—

"(c) the following avoided costs—

(i) the avoided social cost of carbon;

(ii) the avoided human health costs attributable to a reduction in air pollution.".



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(5) After section 40FBB(3) of the Electricity Industry Act 2000 insert—

"(3A) If an Order under subsection (3B) is in effect, the avoided costs that the Commission must have regard to under subsection (3) are the avoided costs determined in accordance with the methodology or factor specified in the Order for the relevant avoided costs.

(3B) The Governor in Council, by Order published in the Government Gazette, may specify a methodology or factor for the determination of—

(a) the avoided social cost of carbon; or

(b) the avoided human health costs attributable to a reduction in air pollution.".

6 New section 121 inserted

After section 120 of the Electricity Industry Act 2000 insert—

"121 Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017

(1) Despite the amendments made to this Act by Division 1 of Part 2 of the amending Act, the rate applying for the 2017 year under section 40FBA (as in force immediately before the commencement of section 4 of the amending Act) for the purposes of section 40FB(2)(a) (as in force immediately before that commencement) is taken to continue to apply until the day the first rate or rates determined under section 40FBB apply under section 40FBA for the purposes of section 40FB(2)(a).



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(2) In this section—

amending Act means the Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017.".

Division 2—Exemptions and other matters7 Definitions

In section 3 of the Electricity Industry Act 2000 insert the following definition—

"Register of Exempt Persons means the register established and maintained under section 33C;".

8 Exemptions

After section 17(2)(e) of the Electricity Industry Act 2000 insert—

"(ea) provide that an exemption is effective in respect of a person if the person is registered under Division 3A; and".

9 New Division 3A inserted

After Division 3 of Part 2 of the Electricity Industry Act 2000 insert—

"Division 3A—Register of Exempt Persons

33B Definitions

In this Division—

exemption means an exemption under an Order made under section 17;

relevant exempt person means a person who, because of an Order made under section 17, will be exempt from a



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requirement to obtain a licence to undertake any of the following activities when the person is registered in the Register of Exempt Persons—

(a) the generation of electricity for supply or sale;

(b) the transmission of electricity;

(c) the distribution or supply of electricity;

(d) the sale of electricity;

required details means the details required under section 33C(2).

Note

An Order made under section 17 may also exempt a person from a requirement to obtain a licence to undertake the generation of electricity for supply or sale, the transmission of electricity, the distribution or supply of electricity, or the sale of electricity without requiring the person to be registered in the Register of Exempt Persons.

33C Register of Exempt Persons

(1) The Commission must establish and maintain a register of relevant exempt persons (the Register of Exempt Persons).

(2) The Commission must enter the following details in the Register of Exempt Persons in respect of every relevant exempt person registered under section 33E (a registered person)—

(a) the name of the registered person;

(b) the activity the registered person undertakes under an exemption;

(c) the date from which the exemption applying to the registered person is in force;



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(d) whether the exemption applying to the registered person is in force;

(e) the prescribed particulars (if any).

(3) The Register of Exempt Persons may contain any other information the Commission considers appropriate.

(4) The Register of Exempt Persons is to be kept in the form and manner determined by the Commission.

33D Application for registration in Register of Exempt Persons

(1) A relevant exempt person may apply to the Commission to be registered in the Register of Exempt Persons.

(2) An application must—

(a) be in writing in the form approved by the Commission; and

(b) contain the information required by the Commission.

33E Registration

(1) On receiving an application under section 33D, the Commission must—

(a) register the relevant exempt person in the Register of Exempt Persons; and

(b) enter the required details in the Register of Exempt Persons.

(2) Registration of a relevant exempt person under this section takes effect when the Commission enters the required details in the Register of Exempt Persons.



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33F Public availability of Register of Exempt Persons

The Commission must make the required details kept in the Register of Exempt Persons publicly available on its Internet site, free of charge.".

10 Rateability of certain property

(1) In section 94(4) of the Electricity Industry Act 2000—

(a) in paragraph (a), for "or an associated entity of a generation company" substitute ", an associated entity of a generation company or an exempt generator";

(b) in paragraph (b)—

(i) for "or an associated entity of a generation company" substitute ", an associated entity of a generation company or an exempt generator";

(ii) for "or associated entity to pay" substitute ", associated entity or exempt generator to pay".

(2) In section 94(5) of the Electricity Industry Act 2000, for "or associated entity" (wherever occurring) substitute ", associated entity or exempt generator".

(3) In section 94(8) of the Electricity Industry Act 2000, for "or an associated entity of a generation company" substitute ", an associated entity of a generation company or an exempt generator".



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(4) In section 94(8A) of the Electricity Industry Act 2000—

(a) for "or an associated entity of a generation company" substitute ", an associated entity of a generation company or an exempt generator";

(b) for "or the associated entity" substitute ", the associated entity or the exempt generator".

(5) In section 94(9) of the Electricity Industry Act 2000—

(a) insert the following definition—

"exempt generator means a person to whom an exemption under an Order made under section 17 applies in respect of the generation of electricity for supply or sale;";

(b) in the definition of land used for generation functions, for "land on which a power station is situated" substitute "land used primarily for the generation of electricity on which a generation facility is situated".



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Part 3—Amendment of the Electricity Safety Act 1998

11 Recall of electrical equipment

(1) For section 65(1)(b) of the Electricity Safety Act 1998 substitute—

"(b) specific action is necessary—

(i) to make particular electrical equipment, or a particular class of electrical equipment, safe to use; or

(ii) to render safe the use of particular electrical equipment or a particular class of electrical equipment; or

(c) particular electrical equipment, or a particular class of electrical equipment, does not comply with the minimum standards prescribed for that equipment or for equipment of that class.".

(2) For section 65(2) of the Electricity Safety Act 1998 substitute—

"(2) Energy Safe Victoria, by written notice served on a person to whom this section applies, may require the person to take, within the period specified in the notice, the action specified in the notice in relation to the particular electrical equipment or electrical equipment of a particular class specified in the notice.

(2A) This section applies to a person—

(a) who supplies or has supplied electrical equipment in the course of the person's business; and



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(b) who has supplied—

(i) the particular electrical equipment specified in the notice; or

(ii) electrical equipment of a particular class specified in the notice.

Example

Company A was in the business of supplying electrical equipment. Company A then ceased supplying electrical equipment. Energy Safe Victoria may issue a notice to Company A under this section in respect of electrical equipment it supplied in the course of its business.".

(3) In section 65(3) of the Electricity Safety Act 1998—

(a) after "include" insert "any of the following actions in relation to the particular electrical equipment specified in the notice, or electrical equipment of a particular class specified in the notice";

(b) in paragraph (c), for "notice." substitute "notice;";

(c) after paragraph (c) insert—

"(d) carrying out inspections and tests on that electrical equipment or equipment of that class;

(e) rectifying that electrical equipment, or equipment of that class, so it complies with a specified standard;

(f) repairing or replacing that electrical equipment or equipment of that class;



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(g) arranging for the disconnection from the supply of electricity of that electrical equipment or equipment of that class;

(h) modifying premises on which that electrical equipment, or equipment of that class, is used or installed so the equipment is safe to use;

(i) affixing warning labels to—

(i) that electrical equipment or equipment of that class; or

(ii) the premises on which that electrical equipment, or equipment of that class, is used or installed;

(j) giving specified information to owners of premises on which that electrical equipment, or equipment of that class, is used or installed;

(k) giving specified information to occupiers of premises on which that electrical equipment, or equipment of that class, is used or installed;

(l) placing an advertisement containing specified information in a specified publication that is not a newspaper;

(m) publishing specified information on the person's Internet site.".

(4) After section 65(5) of the Electricity Safety Act 1998 insert—

"(6) A person who is required to take action specified in a notice under this section must pay the cost of taking that action.



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(7) A requirement specified in a notice served on a person under this section does not have effect to the extent that it is inconsistent with a requirement for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).".

12 Offence to fail to comply with requirement

At the end of section 66 of the Electricity Safety Act 1998 insert—

"(2) A person required to give specified information to an owner or occupier under section 65(3)(j) or (k) does not commit an offence against subsection (1) if the person—

(a) did not know the identity or location of the owner or occupier; and

(b) made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and

(c) could not identify or locate the owner or occupier after making reasonable inquiries.".

13 Director may give directions

(1) In section 141(2) of the Electricity Safety Act 1998—

(a) in paragraph (e), for "arising." substitute "arising; or";

(b) after paragraph (e) insert—

"(f) to do any other thing necessary for the prevention and mitigation of bushfires that may arise out of incidents



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involving electric lines or electrical installations.".

(2) For section 141(3) of the Electricity Safety Act 1998 substitute—

"(3) In this section—

relevant person means—

(a) an electricity supplier; or

(b) the holder of a licence under the Electricity Industry Act 2000 to supply or sell electricity; or

(c) any other person supplying electricity;

safety reasons includes the prevention and mitigation of bushfires that may arise out of incidents involving electric lines or electrical installations.".



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Part 4—Amendment of the Gas Safety Act 1997

14 Recall of gas installations, appliances or components

(1) In section 78(1) of the Gas Safety Act 1997—

(a) in paragraph (b)(i)—

(i) for "the gas" substitute "a gas";

(ii) for "that class" substitute "a particular class,";

(b) in paragraph (b)(ii)—

(i) for "the gas" substitute "a gas";

(ii) for "that class." substitute "a particular class; or";

(c) after paragraph (b) insert—

"(c) a gas appliance does not comply with the standard that the gas appliance was certified as complying with under an acceptance scheme authorised under this Division.".

(2) For section 78(2) of the Gas Safety Act 1997 substitute—

"(2) Energy Safe Victoria, by written notice served on a person to whom this section applies, may require the person to take, within the period specified in the notice, the action specified in the notice in relation to the particular gas installation, appliance or component specified in the notice or a particular class of gas installations, appliances or components specified in the notice.



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(2A) This section applies to a person—

(a) who supplies or has supplied gas installations, appliances or components in the course of the person's business; and

(b) who has supplied or sold—

(i) the particular gas installation, appliance or component specified in the notice; or

(ii) gas installations, appliances or components of a particular class specified in the notice.

Example

Company A was in the business of supplying gas installations, appliances and components. Company A then ceased supplying gas installations, appliances and components. Energy Safe Victoria may issue a notice to Company A under this section in respect of gas installations, appliances and components it supplied in the course of its business.".

(3) In section 78(3) of the Gas Safety Act 1997—

(a) after "include" insert "any of the following actions in relation to the particular gas installation, appliance or component specified in the notice, or gas installations, appliances or components of a particular class specified in the notice";

(b) in paragraph (c), for "notice." substitute "notice;";

(c) after paragraph (c) insert—

"(d) carrying out inspections and tests on—

(i) that gas installation, appliance or component; or



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(ii) gas installations, appliances or components of that class;

(e) rectifying—

(i) that gas installation, appliance or component so it complies with a specified standard; or

(ii) gas installations, appliances or components of that class so they comply with a specified standard;

(f) repairing or replacing—



(g) arranging for the disconnection from the supply of gas of—



(h) modifying premises on which—

(i) that gas installation, appliance or component is used or installed so it is safe to use; or

(ii) gas installations, appliances or components of that class are used or installed so they are safe to use;

(i) affixing warning labels to—


(ii) gas installations, appliances or components of that class; or



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(iii) the premises on which—

(A) that gas installation, appliance or component is used or installed; or

(B) gas installations, appliances or components of that class are used or installed;

(j) giving specified information to owners of premises on which—

(i) that gas installation, appliance or component is used or installed; or

(ii) gas installations, appliances or components of that class are used or installed;

(k) giving specified information to occupiers of premises on which—

(i) that gas installation, appliance or component is used or installed; or

(ii) gas installations, appliances or components of that class are used or installed;

(l) placing an advertisement containing specified information in a specified publication that is not a newspaper;

(m) publishing specified information on the person's Internet site.".

(4) After section 78(5) of the Gas Safety Act 1997 insert—

"(6) A person who is required to take action specified in a notice under this section must pay the cost of taking that action.



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(7) A requirement specified in a notice served on a person under this section does not have effect to the extent that it is inconsistent with a requirement for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).".

15 Offence to fail to comply with requirement

At the end of section 79 of the Gas Safety Act 1997 insert—

"(2) A person required to give specified information to an owner or occupier under section 78(3)(j) or (k) does not commit an offence against subsection (1) if the person—

(a) did not know the identity or location of the owner or occupier; and

(b) made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and

(c) could not identify or locate the owner or occupier after making reasonable inquiries.".



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Part 5—Amendment of the National Electricity (Victoria) Act 2005

16 Application of certain provisions of the National Electricity (South Australia) Act 1996—distribution network connections etc.

In the heading to section 16Q of the National Electricity (Victoria) Act 2005, after "1996" insert "—distribution network connections etc.".

17 New Division 6 inserted in Part 3

After Division 5 of Part 3 of the National Electricity (Victoria) Act 2005 insert—

"Division 6—Wholesale electricity markets and network service providers

16U Application of certain provisions of the National Electricity (South Australia) Act 1996—wholesale electricity markets and network service providers

Despite section 6, the modifications to the NEL set out in Schedule 4 have effect.

Note

Until the commencement of section 16Q and this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of section 16Q and this section is to apply some of those amendments as laws of Victoria.

16V Regulations

(1) The Governor in Council may make regulations prescribing the amount of electricity for the purposes of the definition



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of small customer set out in item 34.1 of Schedule 4.

(2) Regulations made under this section may—

(a) be of general or limited application;

(b) differ according to differences in time, place or circumstance.".

18 New Schedule 4 inserted

After Schedule 3 to the National Electricity (Victoria) Act 2005 insert—

'Schedule 4—Modifications for wholesale electricity markets and network service

providersSection 16U

1 Definitions

1.1 Section 2 of the NEL applies as a law of Victoria as if—

(a) before "In this Law" there were inserted "(1)"; and

(b) the following definitions were inserted in it (in the appropriate alphabetical place)—

"civil penalty means—

(a) in the case of a breach of a civil penalty provision (other than a rebidding civil penalty provision) by—

(i) a natural person—

(A) an amount not exceeding $20 000; and

(B) an amount not exceeding $2 000 for



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every day during which the breach continues; or

(ii) a body corporate—

(A) an amount not exceeding $100 000; and

(B) an amount not exceeding $10 000 for every day during which the breach continues; or

(b) in the case of a breach of a rebidding civil penalty provision by any person—

(i) an amount not exceeding $1 000 000; and

(ii) an amount not exceeding $50 000 for every day during which the breach continues;

civil penalty provision—see section 2AA(1);

conduct provision—see section 2AA(2);

connection service means a connection service within the meaning of the Rules;

energy ombudsman means a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 28 of the Electricity Industry Act 2000 of Victoria;

National Gas Law means the National Gas Law set out in the Schedule to the



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National Gas (South Australia) Act 2008 of South Australia;

National Gas Rules has the same meaning as in the National Gas Law;

rebidding civil penalty provision means a provision of the Rules that is prescribed by the Regulations to be a rebidding civil penalty provision;

retail customer means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition;

retailer has the same meaning as in the Electricity Industry Act 2000 of Victoria;

Rule dispute means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules;"; and

(c) for the definition of end user there were substituted—

"end user means a person who acquires electricity for consumption purposes, and includes a retail customer;"; and

(d) the definitions of recognised energy industry ombudsman and relevant participant were omitted; and

(e) at the end of the section there were inserted—



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"(2) A reference in this Law to an end user includes a reference to a prospective end user.".

2 Section 2A substituted and new section 2AA inserted

2.1 The NEL applies as a law of Victoria as if for section 2A there were substituted—

"2A—Meaning of access dispute

An access dispute is—

(a) a dispute between a network service user (or prospective network service user) and a network service provider about an aspect of access to an electricity network service specified by the Rules to be an aspect to which Part 10 applies; or

(b) without limiting paragraph (a)—a dispute between a retail customer (or other person specified by the Rules) and a regulated distribution system operator about an aspect of access to a connection service specified by the Rules to be an aspect to which Part 10 applies.

2AA—Meaning of civil penalty provision and conduct provision

(1) A civil penalty provision is—

(a) a provision of this Law specified in the Table at the foot of this subsection; or

(b) a rebidding civil penalty provision; or



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(c) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision.

TableProvision Section heading

Section 11(1), (2), (3) and (4)

Electricity market activities in this jurisdiction

Section 14A Regulated transmission system operator must comply with transmission determination

Section 14B Regulated distribution system operator must comply with distribution determination

Section 28N Compliance with regulatory information notice that is served

Section 28O Compliance with general regulatory information order

Section 50D(1) Network agreement

Section 50F(1), (4) and (5)

Augmentation

Section 53C(3) and (4)

Compliance with market information instrument

Section 136 Compliance with access determination

Section 157(1) Preventing or hindering access

(2) A conduct provision is a provision of this Law (other than an offence



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provision) or the Rules that is prescribed by the Regulations to be a conduct provision.".

3 New section 10A inserted

3.1 The NEL applies as a law of Victoria as if after section 10 there were inserted—

"10A—Corporations Act displacement

(1) The National Electricity (Victoria) Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.


relevant provision means a provision of the Rules that relates to any of the following:

(a) the application by AEMO of money in any security deposit fund;

(b) the functions of AEMO under procedures relating to defaults by retailers.".

4 Electricity market activities in this jurisdiction


(a) for the reference to "section 58" in the note at the foot of section 11(1) there were substituted "section 2AA(1)"; and

(b) for the reference to "section 58" in the note at the foot of section 11(2) there were substituted "section 2AA(1)"; and



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(c) for the reference to "section 58" in the note at the foot of section 11(3) there were substituted "section 2AA(1)"; and

(d) for the reference to "section 58" in the note at the foot of section 11(4) there were substituted "section 2AA(1)".

5 Regulated transmission system operator must comply with transmission determination

5.1 Section 14A of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)".

6 Regulated distribution system operator must comply with distribution determination

6.1 Section 14B of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)".

7 Functions and powers of AER

7.1 Section 15(1)(c)(i) of the NEL applies as a law of Victoria as if for the words "relevant participants" in that paragraph there were substituted "persons".

8 Manner in which AER performs AER economic regulatory functions or powers

8.1 Section 16(2)(b) of the NEL applies as a law of Victoria as if after the word "economic" in that paragraph there were inserted "regulatory".

9 Compliance with regulatory information notice that is served

9.1 Section 28N of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—"Note—

This section is a civil penalty provision.".



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10 Compliance with general regulatory information order

10.1 Section 28O of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—"Note—


11 Section 28ZD substituted

11.1 The NEL applies as a law of Victoria as if for section 28ZD there were substituted—

"28ZD—Use of information provided under a notice under section 28 or a regulatory information instrument

The AER may use information provided to it by a person in compliance with a notice under section 28 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—

(a) this Law or the Rules; or

(b) the National Gas Law or the National Gas Rules.".

12 AER enforcement guidelines

12.1 Section 28ZF(1) of the NEL applies as a law of Victoria as if—

(a) in paragraph (b), for the reference to "section 74." in that paragraph there were substituted "section 74; or"; and

(b) after paragraph (b) there were inserted—

"(c) accepting an enforceable undertaking under section 59A.".



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13 New sections 28ZH and 28ZI inserted

13.1 The NEL applies as a law of Victoria as if after section 28ZG there were inserted—

"28ZH—Single documentation

(1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:

(a) the National Gas Law;

(b) the National Gas Rules,

for the same or a similar, related or corresponding purpose.

(2) The AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document.Note—

See also section 68A of the National Gas Law.

28ZI—Use of information

(1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:

(a) the National Gas Law;

(b) the National Gas Rules.



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(2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.

(3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.Note—

See also section 68B of the National Gas Law.".

14 Network agreement

14.1 Section 50D(1) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—"Note—

Subsection (1) is a civil penalty provision.".

15 Augmentation

15.1 Section 50F of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)".

16 Compliance with market information instrument

16.1 Section 53C(3) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—"Note—




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16.2 Section 53C(4) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—"Note—


17 Disclosure required or permitted by law etc.

17.1 Section 54C(2) of the NEL applies as a law of Victoria as if for paragraph (f) there were substituted—

"(f) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end-use consumer information—the energy ombudsman;".

18 Omission of section 58

18.1 The NEL applies as a law of Victoria as if section 58 were omitted.

19 New Division 1A of Part 6 inserted

19.1 The NEL applies as a law of Victoria as if after Division 1 of Part 6 there were inserted—

"Division 1A—Enforceable undertakings

59A—Enforceable undertakings

(1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.

(2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.



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(3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4).

(4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:

(a) an order directing the person to comply with that term of the undertaking;

(b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;

(c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

(d) any other order that the Court considers appropriate.".

20 Time limit within which AER may institute proceedings


(a) before "A proceeding" there were inserted "(1)"; and

(b) for the words "relevant participant" in that section there were substituted "person"; and



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(c) at the end of that section there were inserted—

"(2) A person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.".

21 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences

21.1 Section 61(1), (2), (3) and (4) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person".

22 New sections 61A and 61B inserted

22.1 The NEL applies as a law of Victoria as if after section 61 there were inserted—

"61A—Proceedings for declaration that a person is in breach of a conduct provision

(1) The Court may make an order, on application by a person other than the AER, declaring that another person is in breach of a conduct provision.

(2) If the order declares a person to be in breach of a conduct provision, the order may include one or more of the following:

(a) an order that the person in breach cease, within a specified period, the act, activity or practice constituting the breach;

(b) an order that the person in breach take such action, or adopt such practice, as the Court requires for remedying the breach or



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preventing a recurrence of the breach;

(c) an order that the person in breach implement a specified program for compliance with this Law, the Regulations and the Rules;

(d) an order of a kind prescribed by the Regulations.

(3) If a person has engaged, or is engaging or proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction—

(a) restraining the first mentioned person from engaging in the conduct; and

(b) if, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something.

(4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—

(a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or



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(b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.

61B—Actions for damages by persons for breach of conduct provisions

A person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.".

23 Matters for which there must be regard in determining amount of civil penalty

23.1 Section 64 of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in that section) there were substituted "person".

24 Conduct in breach of more than one civil penalty provision

24.1 Section 67(1) and (2) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person".



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25 Section 68 substituted and new section 68A inserted

25.1 The NEL applies as a law of Victoria as if for section 68 there were substituted—

"68—Persons involved in breach of civil penalty provision or conduct provision

(1) A person must not—

(a) aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or

(b) be in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.

(2) This Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.

68A—Attempt to breach civil penalty provision

A person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.".

26 Civil penalties payable to the Commonwealth

26.1 Section 69 of the NEL applies as a law of Victoria as if for the words "relevant participant" in that section there were substituted "person".

27 Power to serve a notice




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28 Form of notice

28.1 Section 75(i) of the NEL applies as a law of Victoria as if for the words "relevant participant" in that paragraph there were substituted "person".

29 Withdrawal of notice


30 Payment expiates breach of civil penalty provision

30.1 Section 81 of the NEL applies as a law of Victoria as if for the words "relevant participant" in that section there were substituted "person".

31 Conduct in breach of more than one civil penalty provision


32 Section 86 substituted

32.1 The NEL applies as a law of Victoria as if for section 86 there were substituted—

"86—Corporations also in breach if officers and employees are in breach

If an officer or employee of a corporation commits an act in their capacity as officer or employee of the corporation that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the Regulations or the Rules, the corporation is taken to have contravened that provision.".



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33 AEMC may make Rules that are consequential to a Rule request

33.1 Section 91B of the NEL applies as a law of Victoria as if for subsection (1) of that section there were substituted—

"(1) Despite section 91(2), the AEMC may, having regard to a request to make a Rule under section 91(1), make a Rule under this Law or the National Gas Law that is necessary or consequential, or corresponds, to the Rule.".

34 Immunity in relation to failure to supply electricity


(a) after subsection (2) of that section there were inserted—

"(2A) Subsection (2) does not apply in relation to an agreement between a retailer, or a regulated distribution system operator, and a person who is a small customer."; and

(b) in subsection (4) of that section the following definitions were inserted (in the appropriate alphabetical place)—

"business customer means a customer who is not a residential customer;

business premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use;



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customer means a person—

(a) to whom electricity is sold for premises by a retailer; or

(b) who proposes to purchase electricity for premises from a retailer;

residential customer means a customer who purchases electricity principally for personal, household or domestic use at premises;

small customer means a customer—

(a) who is a residential customer; or

(b) who is a business customer who consumes less than the prescribed amount of electricity at business premises;".

35 Compliance with access determination

35.1 Section 136 of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—"Note—


36 Preventing or hindering access

36.1 Section 157(1) of the NEL applies as a law of Victoria as if at the foot of that subsection there were inserted—"Note—

Subsection (1) is a civil penalty provision.".'.



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Part 6—Amendment of the National Gas (Victoria) Act 2008

19 New Part 7 inserted

After Part 6 of the National Gas (Victoria) Act 2008 insert—

"Part 7—Other specific Victorian arrangements

59 Definitions

In this Part—

NGL means the National Gas Law set out in the Schedule to the South Australian Act as in force for the time being.

60 Application of certain provisions of the South Australian Act—Wholesale gas markets and pipeline service providers

Despite section 7, the modifications to the NGL set out in Schedule 1 have effect.

Note

Until the commencement of this section, amendments made to the NGL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 88 of Schedule 3 to the NGL. The effect of this section is to apply some of those amendments as laws of Victoria.".



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20 New Schedule 1 inserted

Insert the following Schedule after Part 7 of the National Gas (Victoria) Act 2008—

'Schedule 1—Modifications for wholesale gas markets and pipeline service providers

Section 60

1 Definitions

1.1 Section 2 of the NGL applies as a law of Victoria as if—

(a) before "In this Law" there were inserted "(1)"; and

(b) the following definitions were inserted in it (in the appropriate alphabetical place)—

"distributor means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a covered pipeline that is a distribution pipeline;

energy ombudsman means a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 36 of the Gas Industry Act 2001 of Victoria;

National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;

National Electricity Rules has the same meaning as in the National Electricity Law;



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retail customer means a person to whom natural gas is sold for premises by a retailer;

retailer means a gas retailer within the meaning of the Gas Industry Act 2001 of Victoria;" and

(c) for the definition of end user there were substituted—

"end user means a person who acquires natural gas for consumption purposes, and includes a retail customer;"; and

(d) the definition of recognised energy industry ombudsman were omitted; and

(e) at the end of the section there were inserted—

"(2) A reference in this Law to an end user includes a reference to a prospective end user.".

2 New Part 5 in Chapter 1 inserted

2.1 The NGL applies as a law of Victoria as if after Part 4 in Chapter 1 there were inserted—

"Part 5—Corporations Act displacement

26A—Corporations Act displacement

(1) The National Gas (Victoria) Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act.



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relevant provision means a provision of the Rules that relates to the functions of the AEMO under procedures relating to defaults by retailers.".

3 Section 66 substituted

3.1 The NGL applies as a law of Victoria as if for section 66 there were substituted—

"66—Use of information provided under a notice under section 42 or a regulatory information instrument

The AER may use information provided to it by a person in compliance with a notice under section 42 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—

(a) this Law or the Rules; or

(b) the National Electricity Law or the National Electricity Rules.".

4 AER enforcement guidelines

4.1 Section 68(1) of the NGL applies as a law of Victoria as if—

(a) in paragraph (b), for the reference to "section 277." in that paragraph there were substituted "section 277; or"; and

(b) after paragraph (b) there were inserted—

"(c) accepting an enforceable undertaking under section 230A.".



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5 New sections 68A and 68B inserted

5.1 The NGL applies as a law of Victoria as if after section 68 there were inserted—

"68A—Single documentation

(1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:

(a) the National Electricity Law;

(b) the National Electricity Rules,

for the same or a similar, related or corresponding purpose.

(2) The AER may satisfy the requirements of this Law or the Rules regarding the document under this Law or the Rules by preparing and making (and where relevant publishing) a single document.Note—

See also section 28ZH of the National Electricity Law.

68B—Use of information

(1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:

(a) the National Electricity Law;

(b) the National Electricity Rules.



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(2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.

(3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.Note—

See also section 28ZI of the National Electricity Law.".

6 Disclosure required or permitted by law etc.

6.1 Section 91GC(2) of the NGL applies as a law of Victoria as if for paragraph (g) there were substituted—

"(g) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end-use consumer information—the energy ombudsman;".

7 New Part 1A of Chapter 8 inserted

7.1 The NGL applies as a law of Victoria as if after Part 1 of Chapter 8 there were inserted—

"Part 1A—Enforceable undertakings

230A—Enforceable undertakings

(1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the



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AER has a function or power under this Law or the Rules.

(2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.

(3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4).

(4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:

(a) an order directing the person to comply with that term of the undertaking;

(b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;

(c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

(d) any other order that the Court considers appropriate.".



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8 Proceedings for declaration that a person is in breach of a conduct provision

8.1 Section 232(4)(b) of the NGL applies as a law of Victoria as if after the words "if the person" in that paragraph there were inserted "engages".

9 AEMC may make Rules that are consequential to a Rule request

9.1 Section 297 of the NGL applies as a law of Victoria as if for subsection (1) there were substituted—

"(1) Despite section 295(2), the AEMC may, having regard to a request to make a Rule under section 29(1), make a Rule under this Law or the National Electricity Law that is necessary or consequential, or corresponds, to the Rule.".'.



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Part 7—Amendment of the Victorian Energy Efficiency Target Act 2007

21 Information may be disclosed to specified persons or bodies

In section 66 of the Victorian Energy Efficiency Target Act 2007, for paragraphs (f) and (g) substitute—

"(f) an officer of the department of the Commonwealth Government administered by the Minister responsible for administering the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth; or

(g) an officer of that part of the Department of Agriculture and Water Resources of the Commonwealth Government known as the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) for the purposes of the performance of any of ABARES's functions or the exercise of any of ABARES's powers; or

(h) a member of the staff of the Australian Bureau of Statistics established under section 5 of the Australian Bureau of Statistics Act 1975 of the Commonwealth for the purposes of the performance of the Bureau's functions or the exercise of any of the Bureau's powers; or

(i) an official of the Regulator within the meaning of section 4 of the Clean Energy Regulator Act 2011 of the Commonwealth for the purposes of the performance of the Clean Energy Regulator's functions or the exercise of any of the Regulator's powers.".



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22 Fees

(1) In section 73(1) of the Victorian Energy Efficiency Target Act 2007, after "this Act" insert "or regulations made under it".

(2) In section 73(2) of the Victorian Energy Efficiency Target Act 2007, for "The fees" substitute "Without limiting subsection (1), the fees".

(3) In section 73(3) of the Victorian Energy Efficiency Target Act 2007—

(a) after "fixing fees" insert "under this section";

(b) after "under this Act" insert "or regulations made under it".



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Part 8—Repeal of amending Act23 Repeal of amending Act

This Act is repealed on 1 January 2019.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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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 26 October 2016

Legislative Council: 24 November 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Industry Act 2000, the Electricity Safety Act 1998, the Gas Safety Act 1997, the National Electricity (Victoria) Act 2005, the National Gas (Victoria) Act 2008 and the Victorian Energy Efficiency Target Act 2007 and for other purposes."

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