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PARLIAMENT OF VICTORIA
Electricity Industry Acts (Further Amendment) Act
1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ELECTRICITY INDUSTRY ACT 1993 3
3. Enforcement Officer 3
4. Amendment of sections 47B and 47C 3
5. Powers of Minister 3
6. Amendment of section 47D 5
7. Section 47G substituted 7
47G. Immunity from suit 7
8. New sections 47H to 47M inserted 7
47H. Powers of entry--enforcement 7
47I. Occupier to be given copy of consent 8
47J. Search warrant 8
47K. Announcement before entry 9
47L. Copy of warrant to be given to occupier 10
47M. Person authorised by Office can bring proceedings 10
9. New Part 3AA inserted 11
PART 3AA--INFRINGEMENT NOTICES 11
47N. Definition 11
47O. Power to serve a notice 12
47P. Form of notice 12
47Q. Infringement penalties 13
47R. Late payment of penalty 14
47S. Withdrawal of notice 14
47T. Payment expiates offence 15
47U. Payment not to have certain consequences 15
47V. Prosecution after service of infringement notice 15
47W. Enforcement of infringement penalty 16
10. New section 62AA inserted 16
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Clause Page
62AA. Minister may direct transfer of property 16
11. Amendments consequential on section 10 18
12. New section 91C inserted 18
91C. Supreme Court--limitation of jurisdiction 18
13. VPX as transferor company 19
14. Correction of Year 2000 figures in Tariff Order 19
SCHEDULE 4--Table substituted in tariff order 19
15. Transfer of licence 20
16. VENCorp to succeed VPX 21
17. Company to succeed statutory corporation 21
18. Part 2A substituted 21
PART 2A--ELECTRICITY TRANSMISSION 21
41A. Electricity transmission 22
19. Further amendments to Electricity Industry Act 1993 22
PART 3--ELECTRICITY SAFETY ACT 1998 23
20. Enforcement officers 23
21. Power to give directions 24
22. Sections 141A and 141B inserted 24
141A. Additional powers in emergencies 24
141B. Delegation by chief electrical inspector 25
PART 4--AMENDMENT OF OTHER ACTS 26
23. Gas Industry (Amendment) Act 1998 26
24. Gas Industry Act 1994 26
16CA. Functions and powers relating to electricity 26
25. Gas Industry (Amendment) Act 1998 26
26. Magistrates' Court Act 1989 26
56C. Electricity Industry Act 1993 26
56D. Electricity Safety Act 1998 26
NOTES 28
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532198B.A1-31/5/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 5 May 1999
As amended by Assembly 28 May 1999
A BILL
to amend the Electricity Industry Act 1993 and the Electricity
Safety Act 1998 and for other purposes.
Electricity Industry Acts (Further
Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make certain
amendments to the Electricity Industry Act 1993
5 and the Electricity Safety Act 1998.
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2. Commencement
(1) This Act, except sections 8, 16, 17, 18 and 19,
comes into operation on the day on which this Act
receives the Royal Assent.
5 (2) Sections 16, 17, 18 and 19 come into operation on
a day or days to be proclaimed.
(3) Subject to sub-section (4), section 8 comes into
operation on a day to be proclaimed.
(4) If section 8 does not come into operation before
10 1 July 2000, it comes into operation on that day.
_______________
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s. 3
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PART 2--ELECTRICITY INDUSTRY ACT 1993
3. Enforcement Officer
In section 3(1) of the Electricity Industry Act
1993, insert--
5 ' "enforcement officer" means a person
appointed as an enforcement officer under
Part 11 of the Electricity Safety Act 1998.'.
4. Amendment of sections 47B and 47C
(1) In section 47B(1) of the Electricity Industry Act
10 1993, for paragraph (a) substitute--
"(a) an event has occurred, or is about to occur,
which may endanger an undertaking of a
distribution company, a transmission
company or a generation company or a
15 person who supplies electricity to another
person or materially affect the safe,
economical or effective supply of electricity;
or".
(2) In section 47C(1) of the Electricity Industry Act
20 1993, for paragraph (a) substitute--
"(a) protect any undertaking of a distribution
company, a transmission company or a
generation company or a person who
supplies electricity to another person; or".
25 5. Powers of Minister
(1) After section 47C(1)(d) of the Electricity
Industry Act 1993 insert--
" or
(e) regulate the use of the available supply of
30 electricity, having regard to the needs of the
community.".
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(2) In section 47C(2)(a) of the Electricity Industry
Act 1993 after "direct," insert "authorise conduct
in relation to,".
(3) After section 47C(3)(c) of the Electricity
5 Industry Act 1993 insert--
"; and
(d) subject to sub-section (6A), takes effect
when made or, if a later time is specified in
the direction, at that later time; and
10 (e) has effect as if enacted in this Act.".
(4) In section 47C(4) of the Electricity Industry Act
1993, after "direction" insert "including a
direction under sub-section (6)".
(5) In section 47C of the Electricity Industry Act
15 1993, for sub-section (6) substitute--
"(6) The Minister may at any time by direction
under this section amend or revoke a
direction made, or purportedly made, under
this section or may return requisitioned
20 property.
(6A) If a direction of the Minister under sub-
section (6) amending an earlier direction for
the purpose of correcting a defect, mistake or
omission--
25 (a) includes the statement that the earlier
direction is deemed to have been made
as so amended; and
(b) is made not later than 3 months after
the earlier direction was made--
30 the earlier direction is deemed to have been
made as so amended.".
(6) In section 47C(10) of the Electricity Industry
Act 1993--
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(a) for "The revocation" substitute "The
amendment, revocation";
(b) in paragraphs (b) and (c), after "direction"
insert "before the amendment, revocation or
5 expiry".
6. Amendment of section 47D
In section 47D of the Electricity Industry Act
1993, for sub-sections (7), (8) and (9)
substitute--
10 '(7) A person must not contravene sub-section
(1), (2) or (3).
Penalty: in the case of a natural person,
100 penalty units.
in the case of a body corporate,
15 10 000 penalty units.
(8) An offence by a body corporate under sub-
section (7) is an indictable offence.
(9) If an offence is committed by a person by
reason of a failure to comply, within the
20 period specified in a direction under sub-
section (1), with the requirements specified
in the direction, the offence, for the purposes
of sub-section (10) is deemed to continue so
long as any requirement specified in the
25 direction remains undone, whether or not the
period has elapsed.
(10) If, under sub-section (9), an offence is
deemed to continue, the person who
committed the offence commits an additional
30 offence on each day during which the
offence is deemed to continue and is liable,
upon conviction for such an additional
offence, to a penalty not exceeding one tenth
of the penalty for the first-mentioned
35 offence.
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(11) If a body corporate commits an offence
against this section, any officer of the body
corporate who was in any way, by act or
omission, directly or indirectly knowingly
5 concerned in or party to the commission of
the offence is also guilty of that offence and
liable to the penalty for it.
(12) An offence under sub-section (11) is an
indictable offence.
10 (13) A person may be proceeded against and
convicted under a provision in accordance
with sub-section (11) whether or not the
body corporate has been proceeded against
or convicted under that provision.
15 (14) If in a proceeding for an offence against this
section it is necessary to establish the
intention of a body corporate, it is sufficient
to show that a servant or agent of the body
corporate had that intention.
20 (15) In sub-section (11), "officer", in relation to
a body corporate, means--
(a) a director, secretary or executive officer
of the body corporate; or
(b) any person in accordance with whose
25 directions or instructions the directors
of the body corporate are accustomed to
act; or
(c) a person concerned in the management
of the body corporate.
30 (16) If this section provides that a person is guilty
of an offence, that reference to a person
must--
(a) in the case of a partnership, be read as a
reference to each member of the
35 partnership; and
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s. 7
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(b) in the case of an unincorporated body
or association, be read as a reference to
each member of the committee of
management of the body or
5 association.'.
7. Section 47G substituted
For section 47G of the Electricity Industry Act
1993 substitute--
"47G. Immunity from suit
10 A person acting in good faith in the
execution of this Part or any proclamation or
direction under this Part is not liable to any
action, claim or demand on account of any
damage, loss or injury sustained or alleged to
15 be sustained because of the operation of this
Part or of any thing done or purporting to be
done under this Part or any proclamation or
direction under this Part.".
8. New sections 47H to 47M inserted
20 After section 47G of the Electricity Industry Act
1993 insert--
'47H. Powers of entry--enforcement
(1) If an enforcement officer has reasonable
grounds for suspecting that there is on any
25 land or premises a particular thing that may
be evidence of the commission of an offence
against this Part, the enforcement officer
may--
(a) enter the land or premises; and
30 (b) search for the thing.
(2) An enforcement officer must not enter land
or premises under this section except--
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s. 8
Act No.
(a) with the written consent of the occupier
of the land or premises; or
(b) under the authority of a search warrant.
47I. Occupier to be given copy of consent
5 (1) An occupier who consents in writing to entry
of his or her land or premises under section
47H must be given a copy of the signed
consent immediately.
(2) If, in any proceeding, a written consent is not
10 produced to the court, it must be presumed,
until the contrary is proved, that the occupier
did not consent to the entry and search.
47J. Search warrant
(1) An enforcement officer may apply to a
15 magistrate for the issue of a search warrant
in relation to particular land or premises if
the enforcement officer believes on
reasonable grounds that there is, or may be
within the next 72 hours, on the land or
20 premises a particular thing that may be
evidence of the commission of an offence
against this Part.
(2) A magistrate may issue a search warrant
under this section if the magistrate is
25 satisfied by evidence on oath, whether oral
or by affidavit, that there are reasonable
grounds for suspecting that there is, or may
be within the next 72 hours, on land or
premises a particular thing that may be
30 evidence of the commission of an offence
against this Part.
(3) The search warrant may authorise an
enforcement officer named in the warrant
and any assistants the enforcement officer
35 considers necessary--
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(a) to enter the land or premises, or part of
the land or premises, named or
described in the warrant; and
(b) to search for the thing named or
5 described in the warrant.
(4) In addition to any other requirement, a
search warrant issued under this section must
state--
(a) the offence suspected; and
10 (b) the land or premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
15 (e) whether entry is authorised to be made
at any time or during stated hours; and
(f) a day, not later than 7 days after the
issue of the warrant, on which the
warrant ceases to have effect.
20 (5) A search warrant must be issued in
accordance with the Magistrates' Court Act
1989 and in the form prescribed under that
Act.
(6) The rules to be observed with respect to
25 search warrants mentioned in the
Magistrates' Court Act 1989 extend and
apply to warrants under this section.
47K. Announcement before entry
(1) Before executing a search warrant, the
30 enforcement officer named in the warrant or
a person assisting the enforcement officer
named in the warrant must--
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s. 8
Act No.
(a) announce that he or she is authorised by
the warrant to enter the land or
premises; and
(b) give any person at the land or premises
5 an opportunity to allow entry to the
land or premises.
(2) The enforcement officer or a person assisting
the enforcement officer need not comply
with sub-section (1) if he or she believes on
10 reasonable grounds that immediate entry to
the land or premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
15 47L. Copy of warrant to be given to occupier
If the occupier or another person who
apparently represents the occupier is present
at the land or premises when a search
warrant is being executed, the enforcement
20 officer must--
(a) identify himself or herself to that
person by producing his or her identity
card for inspection by that person; and
(b) give to that person a copy of the
25 execution copy of the warrant.
47M. Person authorised by Office can bring
proceedings
(1) A person authorised by the Office of the
Chief Electrical Inspector either generally or
30 in a particular case to bring proceedings for
an offence against this Part, may bring those
proceedings.
(2) If proceedings referred to in sub-section (1)
are brought by a person authorised to do so,
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s. 9
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the proceedings may be conducted by any
other person authorised by the Office of the
Chief Electrical Inspector to bring
proceedings of that kind.
5 (3) All courts must take judicial notice of the
fact that a person is authorised by the Office
of the Chief Electrical Inspector to bring
proceedings referred to in sub-section (1) or
conduct proceedings under sub-section (2),
10 as the case requires.
(4) In this section "Office of the Chief
Electrical Inspector" means the Office of
the Chief Electrical Inspector established
under Part 2 of the Electricity Safety Act
15 1998.'.
9. New Part 3AA inserted
Before Part 4 of the Electricity Industry Act
1993 insert--
'PART 3AA--INFRINGEMENT NOTICES
20 47N. Definition
(1) In this Part--
"prescribed offence" means an offence
against section 47D(7) constituted by
the use of electricity by a person in
25 contravention of a direction under
section 47C of which the person is
aware and which applies to the person.
(2) A person is deemed to be aware of a
direction if the Minister has caused--
30 (a) the direction to be published in a
newspaper circulating in the area in
which the direction applies; or
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s. 9
Act No.
(b) details of the direction to be broadcast
by means of radio or television
transmission in the area in which the
direction applies.
5 (3) In any proceedings for a prescribed offence
against this section, a certificate purporting
to be signed by the Minister to the effect that
details of a direction were broadcast by
means of radio or television transmission in
10 a particular area on a specified day is prima
facie evidence of the facts set out in the
certificate.
(4) In any proceedings for a prescribed offence
against this section, it is sufficient defence
15 for the defendant to prove that at the time of
the commission of the offence, the
defendant--
(a) did not know; and
(b) could not reasonably have known--
20 of the direction.
47O. Power to serve a notice
(1) An enforcement officer may serve an
infringement notice on any person that he or
she has reason to believe has committed a
25 prescribed offence.
(2) An infringement notice may be served on a
person--
(a) by delivering it personally to the
person; or
30 (b) by sending it by post addressed to the
person's last known place of residence
or business.
47P. Form of notice
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An infringement notice must state--
(a) the date of the notice;
(b) that section 47N creates the offence;
(c) the nature, and a brief description, of
5 the alleged offence;
(d) the date, time and place of the alleged
offence;
(e) the infringement penalty for the alleged
offence;
10 (f) the manner in which the infringement
penalty may be paid;
(g) the time (being not less than 28 days
after the date on which the notice is
served) within which the infringement
15 penalty must be paid;
(h) that, if the amount of the infringement
penalty is paid before the end of the
time specified in the notice, the matter
will not be brought before the
20 Magistrates' Court unless the notice is
withdrawn within 28 days after the date
on which it was served;
(i) that the person is entitled to disregard
the notice and defend any proceedings
25 in respect of the offences in the
Magistrates' Court;
(j) any other prescribed particulars.
47Q. Infringement penalties
The infringement penalty for an offence
30 against a prescribed offence is $500 in the
case of a natural person and $1000 in the
case of a body corporate.
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47R. Late payment of penalty
An enforcement officer may accept payment
of the infringement penalty even after the
expiration of the time for payment stated in
5 the infringement notice if--
(a) neither a charge has been filed nor a
courtesy letter served under Part 2 of
Schedule 7 to the Magistrates' Court
Act 1989 in respect of the offence to
10 which the infringement penalty relates;
and
(b) the infringement notice has not been
withdrawn.
47S. Withdrawal of notice
15 (1) An enforcement officer may withdraw an
infringement notice at any time within
28 days after the date on which the notice
was served by serving a withdrawal notice
on the person served with the infringement
20 notice.
(2) A withdrawal notice may be served on a
person--
(a) by delivering it personally to the
person; or
25 (b) by sending it by post addressed to the
person's last known place of residence
or business.
(3) An infringement notice may be withdrawn
even if the infringement penalty has been
30 paid.
(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid
must be refunded and the Consolidated Fund
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s. 9
Act No.
is, to the necessary extent, appropriated
accordingly.
47T. Payment expiates offence
If an infringement notice is not withdrawn
5 and the infringement penalty is paid within
the time for payment stated in the notice or is
accepted in accordance with section 47R
then--
(a) the person on whom the notice was
10 served has expiated the offence by that
payment; and
(b) no proceedings may be taken against
that person in respect of that offence;
and
15 (c) no conviction is to be taken to have
been recorded against that person for
that offence.
47U. Payment not to have certain consequences
(1) The payment of an infringement penalty
20 under this Part is not and must not be taken
to be--
(a) an admission of guilt in relation to the
offence; or
(b) an admission of liability for the purpose
25 of any civil claim or proceeding arising
out of the same occurrence and the
payment does not in any way affect or
prejudice any such claim or proceeding.
(2) The payment of an infringement penalty
30 under this Part must not be referred to in any
report provided to a court for the purpose of
determining sentence for an offence.
47V. Prosecution after service of infringement
notice
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Act No.
A charge may be filed in respect of an
offence to which an infringement notice
relates if--
(a) the infringement penalty has not been
5 paid within the time for payment stated
in the notice or in accordance with
section 47R; or
(b) the notice is withdrawn.
47W. Enforcement of infringement penalty
10 Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 of the Magistrates' Court Act
1989 if--
(a) the infringement notice is an
15 infringement notice within the meaning
of Schedule 7 to that Act; and
(b) the infringement penalty has not been
paid within the time stated in the notice
or in accordance with section 47R; and
20 (c) the notice has not been withdrawn; and
(d) a charge has not been filed in
accordance with section 47V.'.
10. New section 62AA inserted
After section 62A of the Electricity Industry Act
25 1993 insert--
'62AA. Minister may direct transfer of property
(1) The Minister may give a direction in writing
to SEC directing it to transfer property,
rights and liabilities of a specified kind to the
30 State or a person or persons nominated in
16
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Electricity Industry Acts (Further Amendment) Act 1999
Act No.
writing by the Minister or to any 2 or more
of the State and such a person or persons in
accordance with the direction.
(2) Within 3 months after receiving a direction
5 under sub-section (1), SEC must give to the
Minister a statement approved by the
Minister relating to the property, rights and
liabilities of SEC, as at a date specified by
the Minister for the purposes of this section.
10 (3) A statement under this section--
(a) must allocate the property, rights and
liabilities of SEC shown in the
statement in accordance with the
directions of the Minister; and
15 (b) must be signed by the Administrator.
(4) If a statement under this section is approved
by the Treasurer and the Minister--
(a) the Treasurer and the Minister must
sign the statement; and
20 (b) the statement is an allocation statement
for the purposes of this Part.
(5) The Treasurer and the Minister may at any
time direct SEC to amend a statement given
to them under this section as specified in the
25 direction.
(6) An allocation statement under this section
may be amended by writing signed by the
Treasurer and the Minister.
(7) If the Treasurer and the Minister, with the
30 agreement of SEC, declare that a statement
given under this section by SEC has become
irrevocable--
(a) the statement; and
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s. 11
12
Act No.
(b) the date specified for the purposes of
this section in relation to the
statement--
as at the date of the declaration may not be
5 amended.
(8) In this section, "statement" and "allocation
statement" include a statement or allocation
statement amended in accordance with this
section.'.
10 11. Amendments consequential on section 10
In the Electricity Industry Act 1993--
(a) in section 3(1), in the definition of
"allocation day", after "section 62A(1)"
insert "or specified by the Minister for the
15 purposes of section 62AA";
(b) in section 3(1), in the definition of
"transferred property", after "62A" insert
"or 62AA";
(c) in section 3(1), in the definition of
20 "transferee", after "62A" insert "or 62AA";
(d) in section 66A, after "62A" (where twice
occurring) insert "or 62AA";
(e) in section 68, after "62A" insert "or 62AA";
(f) in section 74, after "62A" (where twice
25 occurring) insert "or 62AA";
(g) in section 76, after "62A" (where twice
occurring) insert "or 62AA".
12. New section 91C inserted
After section 91B of the Electricity Industry Act
30 1993 insert--
"91C. Supreme Court--limitation of jurisdiction
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Electricity Industry Acts (Further Amendment) Act 1999
s. 14
Act No.
It is the intention of section 47G to alter or
vary section 85 of the Constitution Act
1975.".
13. VPX as transferor company
5 In the Electricity Industry Act 1993--
(a) in section 153TQ(1), in the definition of
"transferor company", for "VPX" substitute
"Victorian Power Exchange Pty Ltd A.C.N.
080 200 371".
10 (b) in section 153TR(2), for "VPX" substitute
"Victorian Power Exchange Pty Ltd A.C.N.
080 200 371.".
14. Correction of Year 2000 figures in Tariff Order
(1) After section 158C(5) of the Electricity Industry
15 Act 1993 insert--
"(6) The Order in Council made under section
158C on 28 October 1997 and published in
the Government Gazette on 30 October 1997
has effect, and is deemed always to have had
20 effect, as if for the table set out in Part A of
Attachment 6 in the Order there were
substituted the table set out in Schedule 4 of
this Act.".
(2) After Schedule 3C of the Electricity Industry
25 Act 1993 insert--
"SCHEDULE 4
Section 158C(6)
TABLE SUBSTITUTED IN TARIFF ORDER
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s. 15
Act No.
1 July 2000-
FINANCIAL YEAR ENDING 30 JUNE 31 December
2000
1995(1)
Customer 1996 1997 1998 1999 2000
Network
VPX 149 398 216 210 073 465 214 579 919 220 481 261 224 132 134 226 325 289 114 107 095
Connection
Charges Loy
Yang Power
Station 1 752 219 2 445 457 2 426 945 2 400 761 2 341 723 2 296 291 877 257
Loy Yang B
Power
Station 542 000 1 987 697 1 979 491 1 991 631 1 961 551 1 931 766 945 843
Hazelwood
Power
Station 1 106 274 1 533 332 1 502 967 1 494 625 1 440 586 1 386 867 658 021
Yallourn W
Power
Station 705 342 1 004 875 1 002 422 1 016 145 996 303 976 696 472 172
Newport
Power
Station 1 472 427 2 064 432 2 044 448 2 051 709 2 002 434 1 953 554 942 805
Jeeralang
Power
Station 227 820 319 418 316 325 317 449 309 825 302 262 145 875
Eildon
Power 178 192 255 657 257 933 266 632 262 004 257 469 123 414
Station
CitiPower 5 048 767 6 972 838 6 956 647 6 587 972 6 398 314 6 702 215 3 574 546
Eastern 5 835 781 8 061 822 8 040 292 7 641 417 8 038 254 8 223 657 4 385 990
Powercor 9 429 315 13 014 181 12 982 380 12 328 026 12 256 183 12 834 563 6 845 161
United 6 466 877 8 933 957 8 904 439 8 415 727 8 103 555 8 054 830 4 295 948
Solaris 4 246 904 5 859 473 5 846 522 5 538 244 5 383 449 5 669 561 3 023 793
TOTAL 186 410 134 262 526 603 266 840 731 270 531 599 273 626 315 276 915 020 140 397 921
Notes:
(1) These figures are calculated for the 9 months of the Financial Year
commencing on 3 October 1994 and ending on 30 June 1995.".
15. Transfer of licence
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Electricity Industry Acts (Further Amendment) Act 1999
Act No.
In section 167(6) of the Electricity Industry Act
1993, for all words after paragraph (c)
substitute--
"the proposed transferee is a corporation or a
5 statutory authority".
16. VENCorp to succeed VPX
In the Electricity Industry Act 1993--
(a) in section 3(1), the definition of "PoolCo" is
repealed;
10 (b) in section 3(1) insert--
' "VENCorp" means Victorian Energy
Networks Corporation established
under Part 2A of the Gas Industry Act
1994;';
15 (c) in section 3(1), for the definitions of
"Victorian Power Exchange" and "VPX"
substitute--
' "Victorian Power Exchange" or "VPX"
means VENCorp;'.
20 17. Company to succeed statutory corporation
In section 3(1) of the Electricity Industry Act
1993, for the definition of "VENCorp"
substitute--
' "VENCorp" means Victorian Energy Networks
25 Corporation Pty Ltd A.C.N. 081 026 066;'.
18. Part 2A substituted
For Part 2A of the Electricity Industry Act
1993 substitute--
"PART 2A--ELECTRICITY TRANSMISSION
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s. 19
Act No.
41A. Electricity transmission
(1) Without limiting any other functions of
VENCorp, the functions of VENCorp in
relation to the electricity industry are--
5 (a) to plan, and direct the augmentation of,
the electricity transmission system;
(b) to provide information and other
services to facilitate decisions for
investment and the use of resources in
10 the electricity industry.
(2) This section has effect subject to the
National Electricity (Victoria) Law and the
National Electricity Code.".
19. Further amendments to Electricity Industry Act 1993
15 In the Electricity Industry Act 1993--
(a) in section 4(1), omit "VPX," (where twice
occurring);
(b) in section 26(4), omit "VPX,";
(c) in section 28, omit "or VPX" (wherever
20 occurring);
(d) in section 29(3), omit "VPX";
(e) in sections 30, 31, 32, and 33, omit "or
VPX" (wherever occurring);
(f) in sections 35(13), 36(2), 36A(3) and 37(6),
25 omit "VPX,";
(g) in section 38(1)--
(i) omit "and VPX";
(ii) omit "or VPX".
_______________
30
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Electricity Industry Acts (Further Amendment) Act 1999
s. 20
Act No.
PART 3--ELECTRICITY SAFETY ACT 1998
20. Enforcement officers
(1) In section 121(1) of the Electricity Safety Act
1998 after "this Act" insert "and the Electricity
5 Industry Act 1993".
(2) In section 121(4) of the Electricity Safety Act
1998 after "this Act" insert "or the Electricity
Industry Act 1993".
(3) In section 121(1) of the Electricity Safety Act
10 1998, after "of the Office" insert "or an agent or
contractor of the Office".
(4) In section 121 of the Electricity Safety Act 1998,
for sub-section (5) substitute--
"(5) The Office must not appoint an agent or
15 contractor of the Office to be an enforcement
officer unless satisfied that the agent or
contractor--
(a) is competent to exercise the functions
of an enforcement officer; and
20 (b) is of good repute, having regard to
character, honesty and integrity; and
(c) agrees in writing to carry out the
functions of an enforcement officer in
accordance with such criteria as are
25 established from time to time by the
Office.".
(5) In section 138 of the Electricity Safety Act 1998
after "this Act" insert "or the Electricity
Industry Act 1993".
30 (6) In section 139 of the Electricity Safety Act 1998
after "this Part" insert "or the Electricity
Industry Act 1993".
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Electricity Industry Acts (Further Amendment) Act 1999
s. 21
Act No.
21. Power to give directions
In section 141(2) of the Electricity Safety Act
1998, after paragraph (b) insert--
"or
5 (c) to make safe an electrical installation or
particular electrical equipment; or
(d) to do any other thing necessary to make an
unsafe electrical situation safe.".
22. Sections 141A and 141B inserted
10 After section 141 of the Electricity Safety Act
1998 insert--
"141A. Additional powers in emergencies
(1) In addition to the powers under section 141,
the chief electrical inspector may do
15 anything or give any direction that the chief
electrical inspector considers necessary to
make an electricity emergency situation safe.
(2) A person must comply with a direction under
this section that applies to the person.
20 Penalty: In the case of a natural person,
500 penalty units or 5 years
imprisonment or both;
In the case of a body corporate,
10 000 penalty units.
25 (3) An offence under sub-section (2) is an
indictable offence.
(4) The Office must include in its annual report
for a financial year under Part 7 of the
Financial Management Act 1994, a
30 statement setting out details of each direction
given by the chief electrical inspector under
this section during that financial year.
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Electricity Industry Acts (Further Amendment) Act 1999
s. 22
Act No.
141B. Delegation by chief electrical inspector
The chief electrical inspector may, with the
consent of the Minister, by instrument,
delegate any function or power of the chief
5 electrical inspector under section 141 or
141A to an officer or employee of the
Office.".
_______________
25
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Electricity Industry Acts (Further Amendment) Act 1999
s. 23
Act No.
PART 4--AMENDMENT OF OTHER ACTS
23. Gas Industry (Amendment) Act 1998
In section 36 of the Gas Industry (Amendment)
Act 1998, in proposed new section 41A(3), after
5 "functions are" insert ", subject to and in
accordance with VENCorp's licence".
24. Gas Industry Act 1994
After section 16C of the Gas Industry Act 1994
insert--
10 "16CA. Functions and powers relating to electricity
VENCorp has the functions and powers
conferred on it under the Electricity
Industry Act 1993.".
25. Gas Industry (Amendment) Act 1998
15 In the Gas Industry (Amendment) Act 1998--
(a) in section 2(2), for "29, 35, 36 and 37,"
substitute "and 29";
(b) in section 2(4), for "23, 35, 36 and 37,"
substitute "and 23";
20 (c) Part 3 is repealed.
26. Magistrates' Court Act 1989
In Schedule 4 of the Magistrates' Court Act
1989, after item 56B insert--
"56C. Electricity Industry Act 1993
25 Offences by a body corporate under section
47D(7) of the Electricity Industry Act 1993
and offences under section 47D(11) of that
Act.
56D. Electricity Safety Act 1998
26
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Electricity Industry Acts (Further Amendment) Act 1999
s. 26
Act No.
Offences under section 141A of the
Electricity Safety Act 1998.".
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Electricity Industry Acts (Further Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Electricity Industry Acts (Further Amendment) Act 1999
Act No.
29
532198B.A1-31/5/99
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