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ENERGY LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2006

                 PARLIAMENT OF VICTORIA

  Energy Legislation (Miscellaneous Amendments)
                      Act 2006
                                   Act No.


                       TABLE OF PROVISIONS
Clause                                                                  Page

PART 1--PRELIMINARY                                                        1
  1.     Purposes                                                          1
  2.     Commencement                                                      2

PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000                                                                   3
  3.     Repeal of sections 11, 12(1)(b)(ii) and 12(2)                     3
  4.     Supplier of last resort                                           3

PART 3--AMENDMENT OF GAS INDUSTRY ACT 2001                                 5
  5.     Supplier of last resort                                           5

PART 4--AMENDMENT OF GAS SAFETY ACT 1997                                   7
  6.     False labelling in relation to Type A appliances                  7
  7.     Power of inspector to require information or documents            7
  8.     Definitions                                                       8
  9.     Regulations                                                       8

PART 5--AMENDMENT OF LOCAL GOVERNMENT ACT 1989                             9
  10.    Sewers, pipes, wires etc. of public authorities not affected      9
  11.    Consequential amendment to Local Government Act 1989              9
                            

ENDNOTES                                                                  10




                                       i
551353B.I1-2/5/2006                             BILL LA INTRODUCTION 2/5/2006

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Electricity Industry Act 2000, the Gas Industry Act 2001, the Gas Safety Act 1997 and the Local Government Act 1989 and for other purposes. Energy Legislation (Miscellaneous Amendments) Act 2006 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to amend the Electricity Industry Act 2000 to repeal the provisions relating to the 5 conferral of power on the ACCC in relation 1 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 1--Preliminary s. 2 to transmission pricing and to amend the supplier of last resort provisions; and (b) to amend the Gas Industry Act 2001 in relation to the supplier of last resort provisions; and 5 (c) to amend the Gas Safety Act 1997 to improve the operation of that Act; and (d) to amend section 207C of the Local Government Act 1989 to define a public authority as including certain private entities. 10 2. Commencement (1) This Act, other than section 11, comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 11 comes into operation on the day on 15 which section 213 of the Pipelines Act 2005 comes into operation. __________________ 2 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 2--Amendment of Electricity Industry Act 2000 s. 3 See: PART 2--AMENDMENT OF ELECTRICITY INDUSTRY Act No. ACT 2000 68/2000. Reprint No. 3 as at 3. Repeal of sections 11, 12(1)(b)(ii) and 12(2) 14 July 2005 and Sections 11, 12(1)(b)(ii) and 12(2) of the amending Electricity Industry Act 2000 are repealed. 5 Act Nos 39/2005, 4. Supplier of last resort 65/2005 and 9/2006. LawToday: (1) In section 27 of the Electricity Industry www.dms. Act 2000-- dpc.vic. gov.au (a) in sub-sections (1), (7) and (9), for "customers" (wherever occurring) substitute 10 "relevant customers"; (b) in sub-sections (5) and (10A), for "a customer" substitute "a relevant customer". (2) After section 27(13) of the Electricity Industry Act 2000 insert-- 15 '(14) The Governor in Council may, by Order published in the Government Gazette, declare that a person or a class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of 20 relevant customers. (15) An Order under sub-section (14) may specify a class of persons by reference to all or any of the following-- (a) the person authorised to sell the 25 electricity; (b) the purpose for which the electricity is used; (c) the quantity of electricity used; (d) the period of use; 30 (e) the place of supply; 3 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 2--Amendment of Electricity Industry Act 2000 s. 4 (f) any other specified factor relevant to the sale of electricity. (16) An Order under sub-section (14) may confer powers and functions on, and leave any matter to be decided by, the Commission. 5 (17) In this section "relevant customer" means a person, or a member of a class of persons, to whom an Order under sub-section (14) applies.'. __________________ 4 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 3--Amendment of Gas Industry Act 2001 s. 5 See: PART 3--AMENDMENT OF GAS INDUSTRY ACT 2001 Act No. 31/2001. 5. Supplier of last resort Reprint No. 2 as at (1) In section 34 of the Gas Industry Act 2001-- 1 March 2005 and (a) in sub-sections (1), (8) and (10), for amending Act Nos "customers" (wherever occurring) substitute 5 25/2004, "relevant customers"; 108/2004, 33/2005, 39/2005, (b) in sub-sections (5) and (11A), for "a 61/2005 and customer" substitute "a relevant customer". 9/2006. LawToday: (2) After section 34(14) of the Gas Industry Act www.dms. dpc.vic. 2001 insert-- 10 gov.au '(15) The Governor in Council may, by Order published in the Government Gazette, declare that a person or a class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of 15 relevant customers. (16) An Order under sub-section (15) may specify a class of persons by reference to all or any of the following-- (a) the person authorised to sell the gas; 20 (b) the purpose for which the gas is used; (c) the quantity of gas used; (d) the period of use; (e) the place of supply; (f) any other specified factor relevant to 25 the sale of gas. (17) An Order under sub-section (15) may confer powers and functions on, and leave any matter to be decided by, the Commission. 5 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 3--Amendment of Gas Industry Act 2001 s. 5 (18) In this section "relevant customer" means a person, or a member of a class of persons, to whom an Order under sub-section (15) applies.'. __________________ 6 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 4--Amendment of Gas Safety Act 1997 s. 6 See: PART 4--AMENDMENT OF GAS SAFETY ACT 1997 Act No. 99/1997. 6. False labelling in relation to Type A appliances Reprint No. 2 as at In section 71B of the Gas Safety Act 1997, after 14 February 2002 "affix" insert "or cause to be affixed". and amending 7. Power of inspector to require information or 5 Act Nos 24/2002, documents 108/2004 and 39/2005. (1) In section 99(1)(c) of the Gas Safety Act 1997 for LawToday: "case." substitute "case; or". www.dms. dpc.vic. (2) After section 99(1)(c) of the Gas Safety Act 1997 gov.au insert-- 10 "(d) determining compliance with this Act or the regulations.". (3) After section 99(1) of the Gas Safety Act 1997 insert-- "(1A) An inspector must obtain the prior written 15 consent of Energy Safe Victoria before each exercise of a power under this section for the purpose of determining compliance with this Act or the regulations.". (4) In section 99(3) of the Gas Safety Act 1997, after 20 "sub-section (2)" insert "for a purpose set out in sub-section (1)(a), (1)(b) or (1)(c)". 7 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 4--Amendment of Gas Safety Act 1997 s. 8 (5) After section 99(3) of the Gas Safety Act 1997 insert-- "(4) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under sub-section (2) for 5 the purpose of determining compliance with this Act or the regulations. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 10 200 penalty units.". 8. Definitions (1) Insert the following heading to section 117AB of the Gas Safety Act 1997-- "Definitions". 15 (2) In section 117AB of the Gas Safety Act 1997 insert the following definition-- ' "inspector", in relation to an offence against section 72(1) or 72(2), includes-- (a) the Plumbing Industry Commissioner 20 appointed under Part 12A of the Building Act 1993; and (b) a plumbing inspector appointed under Part 12A of the Building Act 1993;'. 9. Regulations 25 After section 118(1)(w) of the Gas Safety Act 1997 insert-- "(wa) empowering Energy Safe Victoria to exempt a class or classes of persons from the requirement to undertake the testing of gas;". 30 __________________ 8 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Part 5--Amendment of Local Government Act 1989 s. 10 See: PART 5--AMENDMENT OF LOCAL GOVERNMENT Act No. ACT 1989 11/1989. Reprint No. 8 as at 10. Sewers, pipes, wires etc. of public authorities not 28 July 2005 affected and amending After section 207C(3) of the Local Government 5 Act Nos 92/1990, Act 1989 insert-- 18/2005 and 53/2005. '(4) In this section "public authority" LawToday: includes-- www.dms. dpc.vic. gov.au (a) any person who is a licensee within the meaning of the Electricity Industry 10 Act 2000 or the Gas Industry Act 2001; and (b) any person who under the Pipelines Act 1967 is-- (i) permitted to own or use a pipeline; 15 or (ii) licensed to construct or operate a pipeline.'. 11. Consequential amendment to Local Government Act 1989 20 For section 207C(4)(b) of the Local Government Act 1989 substitute-- "(b) any person who under the Pipelines Act 2005 is the holder of a licence to construct and operate a pipeline.". 25 9 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

Energy Legislation (Miscellaneous Amendments) Act 2006 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 10 551353B.I1-2/5/2006 BILL LA INTRODUCTION 2/5/2006

 


 

 


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