Version No. 001
National Electricity (Victoria) Act 2005
Act No. 8/2005
Version as at 1 July 2005
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
3.Definitions
4.Crown to be bound
5.Extra-territorial operation
Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations
6.Application in Victoria of the National Electricity Law
7.Application of Regulations under National Electricity Law
8.Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations
9.Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules
10.National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation
11.VENCorp's participation in the national electricity market
12.Supreme Court—limitation of jurisdiction
Part 3—Repeals and Amendments of other Acts
13.Repeal
14.Electricity Industry Act 2000—References to National Electricity Code substituted
15.Electricity Industry (Residual Provisions) Act 1993—Repeal of redundant provisions
16.Interpretation of Legislation Act 1984—References to National Electricity (Victoria) Act 1997 substituted
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
National Electricity (Victoria) Act 2005
Act No. 8/2005
Version as at 1 July 2005
1
National Electricity (Victoria) Act 2005
Act No. 8/2005
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The main purpose of this Act is to make provision in relation to the national electricity market.
2.Commencement
This Act comes into operation on a day to be proclaimed.
3.Definitions
(1)In this Act—
"National Electricity (Victoria) Law" means the provisions applying because of section 6 of this Act;
"National Electricity (Victoria) Regulations" means the provisions applying because of section 7 of this Act.
(2)Words and expressions used in the National Electricity (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.
(3)Sub-section (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
4.Crown to be bound
s. 4
This Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations bind the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
5.Extra-territorial operation
It is the intention of the Parliament that the operation of this Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations should, so far as possible, include operation in relation to the following—
(a)land situated outside Victoria, whether in or outside Australia;
(b)things situated outside Victoria, whether in or outside Australia;
(c)acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;
(d)things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.
______
Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations
6.Application in Victoria of the National Electricity Law
s. 6
The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force for the time being—
(a)applies as a law of Victoria; and
(b)as so applying may be referred to as the National Electricity (Victoria) Law.
7.Application of Regulations under National Electricity Law
The Regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia—
(a)apply as Regulations in force for the purposes of the National Electricity (Victoria) Law; and
(b)as so applying may be referred to as the National Electricity (Victoria) Regulations.
8.Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations
(1)In the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations—
"Legislature of this jurisdiction" means the Parliament of Victoria;
"the jurisdiction" or "this jurisdiction" means the State of Victoria;
"the National Electricity Law" or "this Law" means the National Electricity (Victoria) Law.
(2)The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—
(a)the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia in its application as a law of Victoria; or
(b)the regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia in their application as Regulations in force for the purposes of the National Electricity (Victoria) Law.
9.Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules
s. 9
Except as otherwise provided in section 59(1) of the National Electricity (Victoria) Law, proceedings may not be instituted in a relevant court in respect of a breach of a provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules that is not an offence provision by any person (other than the AER).
10.National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation
(1)The Governor in Council, by Order published in the Government Gazette, may declare the provisions of the National Electricity (Victoria) Law or of the National Electricity Rules, or specified provisions of that Law or those Rules, to be relevant legislation for the purposes of section10 of the Essential Services Commission Act 2001.
(2)On the commencement of an Order under sub-section(1) the provisions declared in the Order are, despite anything to the contrary in the Essential Services Commission Act 2001, to be taken to be relevant legislation for the purposes of section 10 of that Act.
Note:By operation of section 7A(b) of the Electricity Industry Act 2000 the electricity industry is a regulated industry for the purposes of the Essential Services Commission Act 2001.
11. VENCorp's participation in the national electricity market
s. 11
(1)For the purposes of the National Electricity (Victoria) Law VENCorp is deemed to bea regulated transmission system operator even when it does not own, control or operate a transmission system.
(2)In this section—
"VENCorp" means Victorian Energy Networks Corporation established under Part 8 of the Gas Industry Act 2001.
12.Supreme Court—limitation of jurisdiction
It is the intention of section 9 to alter or vary section 85 of the Constitution Act 1975.
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Part 3—Repeals and Amendments of other Acts
13.Repeal
s. 13
See:
Act No.
29/1997
and amending
Act Nos
55/1997, 38/2000, 62/2001 and 40/2003.
LawToday:
dpc.vic.
gov.au
The National Electricity (Victoria) Act 1997 is repealed.
See:
Act No.
68/2000.
Reprint No. 2
as at
1 July 2004
and amending
Act Nos
106/2003, 12/2004, 25/2004, 75/2004, 82/2004, 86/2004 and 91/2004.
LawToday:
dpc.vic.
gov.au
14.Electricity Industry Act 2000—References to National Electricity Code substituted
(1)In section 3 of the Electricity Industry Act 2000, for the definition of "National Electricity Code" substitute—
' "National Electricity Rules" has the same meaning as in the National Electricity (Victoria) Law;'.
(2)In sections 19(3) and 31(7) of the Electricity Industry Act 2000, for "National Electricity Code and the Code" substitute "National Electricity Rules and the Rules".
(3)In section 79(2) of the Electricity Industry Act 2000—
(a)after "the" (where first occurring) insert "National Electricity (Victoria) Act 2005, the";
(b)for "National Electricity Code" substitute "National Electricity Rules".
See:
Act No.
130/1993.
Reprint No. 6
as at
26 May 2004
and amending
Act Nos
25/2004 and 108/2004.
LawToday:
dpc.vic.
gov.au
15.Electricity Industry (Residual Provisions) Act 1993—Repeal of redundant provisions
s. 15
(1)In section 3(1) of the Electricity Industry (Residual Provisions) Act 1993, the definition of "National Electricity Code" is repealed.
(2)Section 158BA(1A) of the Electricity Industry (Residual Provisions) Act 1993 is repealed.
See:
Act No.
10096.
Reprint No. 7
as at
19 June 2002
and amending
Act Nos
30/2003 and 61/2004.
LawToday:
dpc.vic.
gov.au
16.Interpretation of Legislation Act 1984—References to National Electricity (Victoria) Act 1997 substituted
In section 38AB of the Interpretation of Legislation Act 1984—
(a)in the definition of "National Electricity (Victoria) Law", for "National Electricity (Victoria) Act 1997" substitute"National Electricity (Victoria) Act 2005";
(b)in the definition of "National Electricity (Victoria) Regulations", for "National Electricity (Victoria) Act 1997" substitute"National Electricity (Victoria) Act 2005".
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ENDNOTES
1.General Information
Endnotes
Minister's second reading speech—
Legislative Assembly: 24 February 2005
Legislative Council: 24 March 2005
The long title for the Bill for this Act was "to make provision for the operation of the national electricity market, to repeal the National Electricity (Victoria) Act 1997, to amend the Electricity Industry Act 2000, the Electricity Industry (Residual Provisions) Act 1993 and the Interpretation of Legislation Act 1984 and for other purposes."
The National Electricity (Victoria) Act 2005was assented to on 27April 2005 and came into operation on 1 July 2005: Special Gazette (No. 120) 28June 2005 page 2.
2.Table of Amendments
Endnotes
There are no amendments made to the National Electricity (Victoria) Act 2005 by Acts and subordinate instruments.
3.Explanatory Details
Endnotes
No entries at date of publication.
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