Energy Legislation (Miscellaneous Amendments) Bill
Circulation Print
EXPLANATORY MEMORANDUM
551353
BILL LA CIRCULATION 4/5/2006
General
This Bill is an omnibus Bill which makes amendments to the Electricity Industry Act 2000, the Gas Industry Act 2001, the Gas Safety Act 1997 and the Local Government Act 1989.
Clause Notes
PART 1—PRELIMINARY
Clause 1sets out the main purposes of the Bill which are—
(a)to repeal the provisions of the Electricity Industry Act2000 which relate to the conferral of power on the Australian Competition and Consumer Commission in relation to the pricing of electricity transmission networks;
(b)to amend the provisions of the Electricity Industry Act2000 and the Gas Industry Act 2001 relating to the supplier of last resort schemes;
(c)to amend the Gas Safety Act 1997 to improve its operation; and
(d)to amend the Local Government Act 1989 to define a public authority as including certain private entities.
Clause 2provides for commencement of the proposed Act. Section 11 ofthe proposed Act will come into operation on the day that section 213 of the Pipelines Act 2005 comes into operation, otherwise the proposed Act will commence on the day after the day on which it receives Royal Assent.
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY ACT2000
Clause 3provides for the repeal of sections 11, 12(1)(b)(ii) and 12(2) of the Electricity Industry Act 2000. These provisions confer power on the Australian Competition and Consumer Commission in respect of the regulation of charges for connection to, and use of, the electricity transmission system. As part of the National Energy Market Reform program, the functions provided for by these provisions are no longer provided by the Australian Competition and Consumer Commission and have been transferred to the newly formed Australian Energy Regulator, which assumed these functions on 1 July 2005.
Clause 4amends section 27 of the Electricity Industry Act 2000 in relation to electricity suppliers of last resort. The purpose of the amendment is to enable a supplier of last resort to submit different tariffs, terms and conditions for different customers or classes of customer. The amendment empowers the Governor in Council to make Orders declaring a relevant customer or class of customers.
PART 3—AMENDMENT OF GAS INDUSTRY ACT2001
Clause 5amends section 34 of the Gas Industry Act 2001 in relation to gas suppliers of last resort. The purpose of the amendment is to enable a supplier of last resort to submit different tariffs, terms and conditions for different customers or classes of customer. The amendment empowers the Governor in Council to make Orders declaring a relevant customer or class of customers.
PART 4—AMENDMENT OF GAS SAFETY ACT 1997
Clause 6amends section 71B of the Gas Safety Act 1997making it an offence for a person to cause a label or compliance plate to be affixed on a Type A appliance (in connection with its supply or possible supply or sale) which falsely represents that the appliance has been and continues to be accepted under an acceptance scheme authorised for the purposes of the Gas Safety Act 1997or accepted by Energy Safe Victoria.
Clause 7amends section 99 of the Gas Safety Act 1997to enable an inspector to exercise necessary powers for the purpose of determining compliance with the Gas Safety Act 1997 or the regulations. New sub-section (1A) provides that the powers may only be exercised for that purpose with the written consent of Energy Safe Victoria.
New sub-section (4) makes it an offence to refuse or fail, without reasonable excuse, to comply with an inspector's reasonably necessary requirements for the purposes of determining compliance with the Gas Safety Act 1997 or regulations.
Clause 8provides that for the purposes of section 72(1) or 72(2) of the Gas Safety Act 1997an "inspector"includes a Plumbing Industry Commissioner and a plumbing inspector appointed by the Plumbing Industry Commission.
Sections 72(1) and 72(2) of the Gas Safety Act 1997 require a person carrying out gas fitting work to ensure the work, and any appliance or gas installation, complies with prescribed standards and requirements and standards determined by Energy Safe Victoria.
Clause 9empowers Energy Safe Victoria to exempt under the regulations a class or classes of person from the requirement to undertake the testing of gas.
PART 5—AMENDMENT OF LOCAL GOVERNMENT ACT1989
Clause 10amends the Local Government Act 1989to provide that a "public authority" includes a licensee under the Electricity Industry Act2000 and Gas Industry Act 2001and a person permitted to own or use a pipeline or licensed to construct or operate a pipeline under the Pipelines Act 1967.
This amendment will preserve easements for private energy utilities over roads following the deviation or discontinuation of a road and transfer of land.
Clause 11amends the Local Government Act 1989to provide that a public authority includes a licensee to construct and operate a pipeline under the Pipelines Act 2005. This amendment will update the reference to a pipeline licensee and will come into effect when section 213 of the new Pipelines Act 2005 is proclaimed.
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