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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electricity Industry (Further Miscellaneous
Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993 3
3. Principal Act 3
4. Definitions 3
5. Amendment of section 44A 3
6. Amendment relating to National Electricity Law 3
7. New section 84AAA inserted 4
84AAA. Certain assets not to be fixtures 4
8. National electricity market operator 4
9. VPX may be transferor under Part 11AC 4
10. New section 153TUA inserted 5
153TUA. Value to TCO of transferred property 5
11. New section 155A inserted 5
155A. Conferral of power on ACCC in relation to transmission
pricing 5
12. Regulation of transmission charges 6
13. Amendment of section 163AAA 7
14. Amendment of section 171 8
15. New section 173A inserted 8
173A. Temporary exemption from prohibition 9
PART 3--VICTORIAN ENERGY NETWORKS CORPORATION 10
16. Definition of VENCORP 10
17. Part 2A substituted 10
PART 2A--VICTORIAN ENERGY NETWORKS
CORPORATION 10
41A. Functions 10
i
531243B.I1-15/9/97
Clause Page
18. Definition of VPX 10
19. New section inserted in Part 1A of Gas Industry Act 1994 11
8CA. Functions and powers relating to electricity 11
PART 4--AMENDMENT OF OTHER ACTS 12
20. National Electricity (Victoria) Act 1997 12
8A. Proceedings in respect of Code 12
8B. Supreme Court-limitation of jurisdiction 12
21. Electricity Industry (Miscellaneous Amendment) Act 1997 12
22. Loy Yang B Act 1992 12
23. Further amendment of State Owned Enterprises Act 1992 13
24. New section 88AA inserted in State Owned Enterprises Act
1992 13
88AA. Application of section 88 to certain bodies 13
25. New section 18A substituted in Crown Land (Reserves) Act
1978 14
18A. Agreement with electricity company--reserved land 14
26. New section 57D substituted in Forests Act 1958 15
57D. Agreement with electricity company--reserved forest 16
27. Further amendment of Forests Act 1958 17
28. New section 229 substituted in Land Act 1958 17
229. Agreement with electricity company 17
29. New section 27A inserted in National Parks Act 1975 18
27A. Agreement with electricity company 18
30. Further amendment of National Parks Act 1975 20
NOTES 21
ii
531243B.I1-15/9/97
PARLIAMENT OF VICTORIA
A BILL
to make further amendments to the Electricity Industry Act 1993, to
amend the National Electricity (Victoria) Act 1997 and certain other
Acts and for other purposes.
Electricity Industry (Further
Miscellaneous Amendment) Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to provide for further
miscellaneous amendments of the Electricity
5 Industry Act 1993 and certain other Acts.
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 2
Act No.
2. Commencement
(1) Subject to this section, this Act comes into
operation on the day on which it receives the
Royal Assent.
5 (2) Sections 4(2), 6 and 8 and Part 3 come into
operation on a day or days to be proclaimed.
_______________
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 3
6
Act No.
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT
1993
No. 130/1993.
3. Principal Act
Reprint No. 3
as at 14 July
In this Part, the Electricity Industry Act 1993 is
1997.
5 called the Principal Act.
4. Definitions
(1) In section 3(1) of the Principal Act insert--
' "licence" means a licence under section 162;
"licensee", except in Part 13, means the holder of
10 a licence under section 162;'.
(2) In section 3(1) of the Principal Act insert--
' "National Electricity Code" has the same
meaning as "Code" has in the National
Electricity (Victoria) Law;
15 "NEMMCO" has the same meaning as in the
National Electricity (Victoria) Law;
"wholesale electricity market" means the
market for wholesale trading in electricity
operated by NEMMCO;'.
20 (3) In section 154 of the Principal Act, the definition
of "licence" is repealed.
5. Amendment of section 44A
In section 44A of the Principal Act--
(a) for "telecommunications service" (where
25 twice occurring) substitute "carriage
service";
(b) in sub-section (1) for "1991" substitute
"1997".
30 6. Amendment relating to National Electricity Law
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
Act No.
In section 9(1) of the Principal Act, after "Part 12"
insert "and the National Electricity (Victoria)
Law and the National Electricity Code".
7. New section 84AAA inserted
5 After section 84A of the Principal Act insert--
"84AAA. Certain assets not to be fixtures
(1) The Minister may, by written notice, declare
that specified assets that are affixed to land
and that are disposed of by VPX, a public
10 transmission company or a public generation
company are taken, for all purposes, to be
separate assets being chattels personal and
not fixtures.
(2) The declaration has effect accordingly.".
15 8. National electricity market operator
In the Principal Act--
(a) in section 158B(2), for "market for
wholesale trading in electricity operated and
administered by VPX" substitute "wholesale
20 electricity market";
(b) in section 159, sub-section (2) is repealed;
(c) in section 159(3), omit "or (2)" (where twice
occurring);
(d) in section 171(9)(b) omit "operated and
25 administered by VPX".
9. VPX may be transferor under Part 11AC
(1) In section 153TQ(1) of the Principal Act, in the
definition of "transferor company", after "means"
insert "VPX or".
30 (2) At the end of section 153TR of the Principal Act
insert--
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1997
s. 10
Act No.
"(2) The Treasurer may nominate VPX as a
transferor company for the purposes of this
Part.".
10. New section 153TUA inserted
5 After section 153TU of the Principal Act insert--
"153TUA. Value to TCO of transferred property
If, in an agreement for the sale by the TCO
of the business or assets of the TCO, a value
is ascribed to property, rights or liabilities
10 that are allocated to a TCO transferee under
an allocation statement, that value is deemed
to be consideration paid to, or received by,
the TCO.".
11. New section 155A inserted
15 After section 155 of the Principal Act insert--
'155A. Conferral of power on ACCC in relation to
transmission pricing
(1) The Minister, on behalf of the State, may
enter into an agreement with the
20 Commonwealth and the Australian
Competition and Consumer Commission
established by section 6A of the Trade
Practices Act 1974 of the Commonwealth
("ACCC") for the performance of such
25 functions and the exercise of such powers as
the Office has in relation to the regulation of
charges for connection to, and the use of, the
transmission system, whether under an Order
made under section 158A or otherwise.
30 (2) The ACCC, and the members of the ACCC,
have power to perform such functions and
exercise such powers as are conferred on the
ACCC by an agreement under sub-section
(1).
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1997
s. 12
Act No.
(3) An agreement referred to in sub-section (1)
shall be published in the Government
Gazette.
(4) An agreement under sub-section (1) comes
5 into effect on publication of a copy in
accordance with sub-section (3) or on such
later date as is specified in the agreement.
(5) Despite anything to the contrary in section
39A of the Office of the Regulator-General
10 Act 1994, the Office may give to the ACCC
such information as may be necessary or
convenient for the ACCC to have in
connection with carrying out the functions
and powers of the Office that are conferred
15 on the ACCC by an agreement under this
section.'.
12. Regulation of transmission charges
(1) In the Principal Act--
(a) in section 158(1)(b), after "(iii)" insert
20 "unless an Order is in force under sub-
section (2),";
(b) in section 158A(1), after "(c)" insert "unless
an Order is in force under section 158(2),".
(2) After section 158(1) of the Principal Act insert--
25 "(2) The Governor in Council may, by Order
published in the Government Gazette,
declare that charges for connection to, and
the use of, the transmission system are
subject to the regulation of the ACCC under
30 an agreement entered into under section
155A and are not subject to the regulation of
the Office.".
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 13
Act No.
13. Amendment of section 163AAA
(1) In section 163AAA of the Principal Act--
(a) in sub-section (1), for all words after
"requirement" substitute "that, in certain
5 circumstances, the licensee, on terms and
conditions approved by the Office, supply
and sell electricity to non-franchise
customers to whom electricity is supplied
under another licence (whether held by that
10 licensee or another licensee)";
(b) in sub-section (2) for "determining"
substitute "approving";
(c) in sub-section (3) for paragraph (b)
substitute--
15 "(b) to a non-franchise customer to whom
electricity is supplied under another
licence if the non-franchise customer
elects, in writing given to the holder of
that other licence, not to be a non-
20 franchise customer for the purposes of
sub-section (1).".
(2) In section 163AAA of the Principal Act, for sub-
section (5) substitute--
'(5) The obligation of the holder of a licence
25 ("the second licence") to supply and sell
electricity to a non-franchise customer to
whom electricity is supplied under another
licence ("the first licence") in accordance
with the requirement referred to in sub-
30 section (1) commences when--
(a) the first licence is suspended or
revoked; or
(b) the right of the holder of the first
licence to acquire electricity from the
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 14
15
Act No.
market for wholesale trading in
electricity is suspended or terminated--
whichever first occurs, and ends after 3
months or when the non-franchise customer
5 advises the holder of the second licence in
writing that the supply and sale is no longer
required, whichever first occurs.'.
(3) In section 163AAA of the Principal Act--
(a) in sub-section (6), for "may declare"
10 substitute "must declare, if the condition so
requires or, in any other case, may declare";
(b) in sub-section (6), for "emergency
customers" substitute "non-franchise
customers to whom electricity is supplied
15 under another licence in circumstances to
which sub-section (5) applies";
(c) in sub-section (7), for "emergency"
substitute "non-franchise";
(d) in sub-section (8) for "an emergency"
20 substitute "a non-franchise";
(e) sub-section (9) is repealed.
14. Amendment of section 171
In section 171 of the Principal Act, in the
definition of "licensee", for paragraph (a)
25 substitute--
"(a) a distribution company, generation company
or transmission company other than a public
distribution company, public generation
company or public transmission company;
30 or".
15. New section 173A inserted
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
Act No.
After section 173 of the Principal Act insert--
"173A. Temporary exemption from prohibition
(1) The Treasurer may, in writing given to the
Office, declare that a specified person does
5 not, by reason only of having a specified
controlling interest or specified substantial
interest, have a prohibited interest during a
specified period ending not more than 6
months after the day on which the
10 declaration is made.
(2) A declaration under sub-section (1) may be
made subject to such conditions as are
specified in it.
(3) A declaration under this section has effect
15 according to its terms and ceases to have
effect--
(a) at the end of the specified period; or
(b) upon a breach of a condition to which it
is expressed to be subject.".
20 _______________
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 16
Act No.
PART 3--VICTORIAN ENERGY NETWORKS
CORPORATION
16. Definition of VENCORP
In section 3(1) of the Electricity Industry Act
5 1993 insert--
' "VENCORP" means Victorian Energy
Networks Corporation established under Part
1A of the Gas Industry Act 1994;'.
17. Part 2A substituted
10 For Part 2A of the Electricity Industry Act 1993
substitute--
"PART 2A--VICTORIAN ENERGY
NETWORKS CORPORATION
41A. Functions
15 Subject to the National Electricity (Victoria)
Law and the National Electricity Code, the
functions of VENCORP are--
(a) to plan, and direct the augmentation of,
the electricity transmission system;
20 (b) to provide information and other
services to facilitate decisions for
investment and the use of resources in
the electricity industry.".
18. Definition of VPX
25 In section 3(1) of the Electricity Industry Act
1993--
(a) the definition of "PoolCo" is repealed;
(b) for the definitions of "VPX" and "Victorian
Power Exchange" substitute--
10
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 19
Act No.
' "VPX" or "Victorian Power Exchange"
means Victorian Energy Networks
Corporation established under Part 1A
of the Gas Industry Act 1994;'.
5 19. New section inserted in Part 1A of Gas Industry Act
1994
After section 8C of the Gas Industry Act 1994
insert--
"8CA. Functions and powers relating to electricity
10 VENCORP has the functions and powers
conferred on it under the Electricity
Industry Act 1993.".
_______________
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 20
Act No.
PART 4--AMENDMENT OF OTHER ACTS
20. National Electricity (Victoria) Act 1997
After section 8 of the National Electricity
(Victoria) Act 1997 insert--
5 "8A. Proceedings in respect of Code
Except as otherwise provided in section 10
of the National Electricity (Victoria) Law, a
person--
(a) may not bring proceedings against
10 NECA; or
(b) being a person other than NECA, may
not bring proceedings against a Code
participant--
in respect of an alleged contravention of the
15 Code.
8B. Supreme Court-limitation of jurisdiction
It is the intention of section 8A to alter or
vary section 85 of the Constitution Act
1975.".
No. 35/1992.
20 21. Electricity Industry (Miscellaneous Amendment) Act
1997
In the Electricity Industry (Miscellaneous
Amendment) Act 1997--
(a) in section 2(2), omit "10,";
25 (b) section 10 is repealed.
22. Loy Yang B Act 1992
In the Loy Yang B Act 1992--
(a) sections 12 to 21 are repealed;
(b) section 23 to 25 is repealed;
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1997
s. 23
Act No.
(c) section 28 is repealed;
(d) sections 29 to 32 are repealed;
(e) section 37 is repealed;
(f) Part 5 is repealed.
5 23. Further amendment of State Owned Enterprises Act
1992
In section 63(1) of the State Owned Enterprises
Act 1992, after "existing capital of a converting
body" insert ", as at a date specified in the
10 declaration,".
24. New section 88AA inserted in State Owned
Enterprises Act 1992
After section 88 of the State Owned Enterprises
Act 1992 insert--
15 '88AA. Application of section 88 to certain bodies
(1) Despite anything to the contrary in section
88, the Treasurer may give a direction under
sub-section (1) of that section to a State body
in respect of a financial year beginning on
20 1 July 1994 or any later period.
(2) If a direction is given to a State body in
respect of a period referred to in sub-section
(1), the State body must comply with section
88 in respect of that period.
25 (3) In this section--
"State body" means--
(a) a State owned enterprise; or
(b) a statutory corporation in respect
of which a declaration under
30 section 88A is in force--
being a body that, before 1 July 1994--
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 25
Act No.
(c) was liable to pay income tax to the
Commonwealth but that ceased to
be so liable on that date by reason
of being an STB within the
5 meaning of Division 1AB in Part
III of the Income Tax Assessment
Act 1936 of the Commonwealth;
or
(d) was liable to pay sales tax under
10 the law of the Commonwealth in
respect of goods supplied to it but
that ceased to be so liable on that
date by reason of being an STB
within the meaning of item 126A
15 of Schedule 1 of the Sales Tax
(Exemptions and Classifications)
Act 1992 of the Commonwealth.'.
25. New section 18A substituted in Crown Land
(Reserves) Act 1978
20 For section 18A of the Crown Land (Reserves)
Act 1978 substitute--
'18A. Agreement with electricity company--
reserved land
(1) The Minister may enter into an agreement
25 with an electricity company--
(a) to manage and control; or
(b) to carry out duties, functions and
powers related to the company's
purpose on--
30 any reserved land, other than land that is a
reference area under the References Areas
Act 1978, that is used for the purposes of or
in connection with the company's purpose.
14
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 26
Act No.
(2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) may be amended from time to time or
terminated by further written agreement
5 between the parties; and
(c) must contain provisions with respect to
the protection and conservation of the
land subject to the agreement.
(3) In this section--
10 "electricity company" means a generation
company, transmission company or
distribution company within the
meaning of the Electricity Industry
Act 1993;
15 "company's purpose" means--
(a) in relation to an electricity
company that is a generation
company, the generation of
electricity for the purposes of
20 supply or sale;
(b) in relation to an electricity
company that is a transmission
company, the transmission of
electricity;
25 (c) in relation to an electricity
company that is a distribution
company, the distribution or
supply of electricity.'.
26. New section 57D substituted in Forests Act 1958
30 For section 57D of the Forests Act 1958
substitute--
15
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 26
Act No.
'57D. Agreement with electricity company--
reserved forest
(1) The Minister may enter into an agreement
with an electricity company--
5 (a) to manage and control; or
(b) to carry out duties functions and
powers related to the company's
purpose in--
any area of reserved forest, other than any
10 area that is a reference area under the
Reference Areas Act 1978, that is used for
the purposes of or in connection with the
company's purpose.
(2) An agreement under sub-section (1)--
15 (a) must be in writing;
(b) may be amended from time to time or
terminated by further written agreement
between the parties; and
(c) must contain provisions with respect to
20 the protection and conservation of the
land subject to the agreement.
(3) In this section--
"electricity company" means a generation
company, transmission company or
25 distribution company within the
meaning of the Electricity Industry
Act 1993;
"company's purpose" means--
(a) in relation to an electricity
30 company that is a generation
company, the generation of
electricity for the purposes of
supply or sale;
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 27
Act No.
(b) in relation to an electricity
company that is a transmission
company, the transmission of
electricity;
5 (c) in relation to an electricity
company that is a distribution
company, the distribution or
supply of electricity.'.
27. Further amendment of Forests Act 1958
10 (1) After section 57B(5) of the Forests Act 1958
insert--
'(6) In this section, "generation company" has
the same meaning as in the Electricity
Industry Act 1993.'.
15 (2) After section 57C(2) of the Forests Act 1958
insert--
'(3) In this section, "generation company" has
the same meaning as in the Electricity
Industry Act 1993.'.
20 28. New section 229 substituted in Land Act 1958
For section 229 of the Land Act 1958
substitute--
'229. Agreement with electricity company
(1) The Minister may enter into an agreement
25 with an electricity company--
(a) to manage and control; or
(b) to carry out duties functions and
powers related to the company's
purpose on--
30 any Crown land, other than land that is a
reference area under the Reference Areas
Act 1978, that is used for the purposes of or
in connection with the company's purpose.
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 29
Act No.
(2) An agreement under sub-section (1)--
(a) must be in writing; and
(b) may be amended from time to time or
terminated by further written agreement
5 between the parties; and
(c) must contain provisions with respect to
the protection and conservation of the
land subject to the agreement.
(3) In this section--
10 "electricity company" means a generation
company, transmission company or
distribution company within the
meaning of the Electricity Industry
Act 1993;
15 "company's purpose" means--
(a) in relation to an electricity
company that is a generation
company, the generation of
electricity for the purposes of
20 supply or sale;
(b) in relation to an electricity
company that is a transmission
company, the transmission of
electricity;
25 (c) in relation to an electricity
company that is a distribution
company, the distribution or
supply of electricity.'.
29. New section 27A inserted in National Parks Act 1975
30 After section 27 of the National Parks Act 1975
substitute--
'27A. Agreement with electricity company
18
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 29
Act No.
(1) The Minister may enter into an agreement
with an electricity company--
(a) to manage and control; or
(b) to carry out duties, functions and
5 powers related to the company's
purpose in--
any area that is used for the purposes of or in
connection with the company's purpose,
being an area of a national park, State park
10 or land referred to in Schedule Three, other
than land that is a wilderness zone or a
remote and natural area or a reference area
under the Reference Areas Act 1978.
(2) An agreement under sub-section (1)--
15 (a) must be in writing; and
(b) may be amended from time to time or
terminated by further written agreement
between the parties; and
(c) must contain provisions with respect to
20 the protection and conservation of the
land subject to the agreement.
(3) Despite sub-section (1), an agreement under
that sub-section may apply to the carrying
out of duties, functions and powers related to
25 the purpose of a transmission company in a
reference area to the extent to which they
were so carried out immediately before the
commencement of section 29 of the
Electricity Industry (Further
30 Miscellaneous Amendment) Act 1997.
(4) In this section--
19
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
s. 30
Act No.
"electricity company" means a
transmission company or distribution
company within the meaning of the
Electricity Industry Act 1993;
5 "company's purpose" means--
(a) in relation to an electricity
company that is a transmission
company, the transmission of
electricity;
10 (b) in relation to an electricity
company that is a distribution
company, the distribution or
supply of electricity.'.
30. Further amendment of National Parks Act 1975
15 (1) After section 30AA(5) of the National Parks Act
1975 insert--
'(6) In this section, "generation company" has
the same meaning as in the Electricity
Industry Act 1993.'.
20 (2) In section 30AB(3) of the National Parks Act
1975 omit "section 30AA and in".
20
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
21
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Electricity Industry (Further Miscellaneous Amendment) Act
1997
Act No.
22
531243B.I1-15/9/97
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