Essential Services Commission (Amendment) Act 2004
Act No. 75/2004
table of provisions
SectionPage
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—Essential Services Commission Act 2001
3.Section 12 substituted—Commission not subject to direction
or control
12.Commission not subject to direction or control
4.Amendment of section 18—The Chairperson
5.Repeal of spent provisions
Part 3—Electricity Industry Act 2000
6.Amendment of section 13—Regulation of tariffs for prescribed customers
7.Amendment of section 15—Continuation of charges relating to distribution system
8.Amendment of section 17—Exemptions
9.Amendment of section 18—Application for licence
10.Amendment of section 19—Determination of application
11.Amendment of section 20—Provisions relating to licences
12.Amendment of section 21—Specific licence conditions
13.Amendment of section 26—Condition relating to customer-related standards, procedures, policies and practices
14.Amendment of section 27—Supplier of last resort
15.Amendment of section 31—Transfer of licence
16.Amendment of section 33—Exceptions from prohibition
17.Amendment of section 34—Appointment of administrator
18.Amendment of section 35—Offer to domestic or small business customers
19.Amendment of section 36—Terms and conditions of contracts for sale of electricity to certain customers
20.Amendment of section 38—Variation of contracts with former franchise customers
21.Amendment of section 39—Deemed contracts for supply and sale for relevant customers
22.Amendment of section 45—Cost recovery
23.Amendment of section 46—General powers in relation to Orders
24.Amendment of section 49—Commission may determine certain matters
25.Amendment of section 70—Power to require information
relating to interests
26.Amendment of section 71—Disposal of interest
27.Amendment of section 73—Revocation of licence
28.Amendment of section 74—Annulment of certain resolutions
of licensee
29.Amendment of section 75—Making, revocation or variation
of determination by the Commission
30.Amendment of section 76—Appeal against determination of
the Commission
31.Amendment of section 79B—Cost recovery
Part 4—Energy Legislation (Regulatory Reform) Act 2004
32.Amendment of section 5
Part 5—Gas Industry Act 2001
33.Amendment of section 20—Tariff Order
34.Amendment of section 21—Regulation of tariffs for prescribed customers
35.Amendment of section 24—Exemptions
36.Amendment of section 25—Application for licence
37.Amendment of section 26—Determination of application
38.Amendment of section 28—Provisions relating to licences
39.Amendment of section 29—Specific licence conditions
40.Amendment of section 32—Condition relating to customer-related standards, procedures, policies and practices
41.Amendment of section 34—Supplier of last resort
42.Amendment of section 40—Transfer of licence
43.Amendment of section 41—Appointment of administrator
44.Amendment of section 42—Offer to domestic or small business customers
45.Amendment of section 43—Terms and conditions of contracts for sale of gas to certain customers
46.Amendment of section 45—Variation of contracts with former franchise customers
47.Amendment of section 46—Deemed contracts for supply and sale for relevant customers
48.Amendment of section 51—Commission may determine
certain matters
49.Amendment of section 65—Approval of rules by the Commission
50.Amendment of section 68—Cost recovery
51.Amendment of section 69—Costs of VENCorp
52.Amendment of section 131—Power to require information relating to interests
53.Amendment of section 132—Disposal of interest
54.Amendment of section 134—Revocation of licence
55.Amendment of section 135—Annulment of certain resolutions
of licensee
56.Amendment of section 136—Making, revocation or variation
of determination by the Commission
57.Amendment of section 137—Appeal against determination of
the Commission
Part 6—Grain Handling and Storage Act 1995
58.Amendment of section 16—Access rules
59.Amendment of section 17—Obligations of provider
60.Amendment of section 19—Application for general determination
61.Amendment of section 25B—Exemptions
62.Amendment of section 25C—Application for licence
63.Amendment of section 25D—Determination of application
64.Amendment of section 25E—Provisions relating to licences
65.Amendment of section 25F—Specific licence conditions
66.Amendment of section 25J—Transfer of licence
67.Repeal of section 25K
Part 7—Port Services Act 1995
68.Amendment of section 59—Obligations of channel operator
69.Amendment of section 63B—Exemptions
70.Amendment of section 63C—Application for licence
71.Amendment of section 63D—Determination of application
72.Amendment of section 63E—Provisions relating to licences
73.Amendment of section 63F—Specific licence conditions
74.Amendment of section 63J—Transfer of licence
75.Repeal of section 63K
Part 8—Water Industry Act 1994
76.Amendment of section 4D—Water Industry Regulatory Order
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Endnotes
1
SectionPage
Victoria
No. 75 of 2004
1
SectionPage
1
SectionPage
Essential Services Commission (Amendment) Act 2004[†]
[Assented to 9 November 2004]
1
Act No. 75/2004
Essential Services Commission (Amendment) Act 2004
1
Act No. 75/2004
Essential Services Commission (Amendment) Act 2004
The Parliament of Victoriaenacts as follows:
1
Part 8—Water Industry Act 1994
Essential Services Commission (Amendment) Act 2004
Act No. 75/2004
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;
(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
s. 2
This Act comes into operation on the day after the day on which it receives the Royal Assent.
______
See:
Act No.
62/2001.
Reprint No. 1
as at
1 January 2004.
LawToday:
dpc.vic.
gov.au
Part 2—Essential Services Commission Act 2001
3.Section 12 substituted—Commission not subject to direction or control
s. 3
For section 12 of the Essential Services Commission Act 2001substitute—
"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 2001substitute—
"(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.
68/2000.
Reprint No. 2
as at
1 July 2004
and amending
Act Nos
106/2003, 12/2004 and 25/2004.
LawToday:
dpc.vic.
gov.au
Part 3—Electricity Industry Act 2000
6.Amendment of section 13—Regulation of tariffs for prescribed customers
s. 6
(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 2000substitute—
"(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".
10.Amendment of section 19—Determination of application
s. 10
(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";
(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
s. 14
(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".
18.Amendment of section 35—Offer to domestic or small business customers
s. 18
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
(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
s. 23
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";
(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
s. 25
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.".
27.Amendment of section 73—Revocation of licence
s. 27
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".
(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
s. 30
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 2000insert—
"(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.".
______
See:
Act No.
25/2004.
Statute Book:
dpc.vic.
gov.au
Part 4—Energy Legislation (Regulatory Reform) Act 2004
32.Amendment of section 5
s. 32
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".
______
Part 5—Gas Industry Act 2001
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:
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gov.au
33.Amendment of section 20—Tariff Order
s. 33
For section 20(8) of the Gas Industry Act 2001substitute—
"(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 2001substitute—
"(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".
36.Amendment of section 25—Application for licence
s. 36
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";
(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
s. 41
(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".
46.Amendment of section 45—Variation of contracts with former franchise customers
s. 46
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".
50.Amendment of section 68—Cost recovery
s. 50
(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 2001insert—
"(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.