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ENERGY LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2006

           Energy Legislation (Miscellaneous
                  Amendments) Bill

                         Introduction Print

                 EXPLANATORY MEMORANDUM


                                  General
This Bill is an omnibus Bill which makes amendments to the Electricity
Industry Act 2000, the Gas Industry Act 2001, the Gas Safety Act 1997
and the Local Government Act 1989.

                               Clause Notes

                       PART 1--PRELIMINARY
Clause 1   sets out the main purposes of the Bill which are--
           (a)    to repeal the provisions of the Electricity Industry
                  Act 2000 which relate to the conferral of power on the
                  Australian Competition and Consumer Commission in
                  relation to the pricing of electricity transmission networks;
           (b)    to amend the provisions of the Electricity Industry
                  Act 2000 and the Gas Industry Act 2001 relating to the
                  supplier of last resort schemes;
           (c)    to amend the Gas Safety Act 1997 to improve its
                  operation; and
           (d)    to amend the Local Government Act 1989 to define a
                  public authority as including certain private entities.

Clause 2   provides for commencement of the proposed Act. Section 11
           of the proposed Act will come into operation on the day that
           section 213 of the Pipelines Act 2005 comes into operation,
           otherwise the proposed Act will commence on the day after the
           day on which it receives Royal Assent.




                                       1
551353                                         BILL LA INTRODUCTION 2/5/2006

 


 

PART 2--AMENDMENT OF ELECTRICITY INDUSTRY ACT 2000 Clause 3 provides for the repeal of sections 11, 12(1)(b)(ii) and 12(2) of the Electricity Industry Act 2000. These provisions confer power on the Australian Competition and Consumer Commission in respect of the regulation of charges for connection to, and use of, the electricity transmission system. As part of the National Energy Market Reform program, the functions provided for by these provisions are no longer provided by the Australian Competition and Consumer Commission and have been transferred to the newly formed Australian Energy Regulator, which assumed these functions on 1 July 2005. Clause 4 amends section 27 of the Electricity Industry Act 2000 in relation to electricity suppliers of last resort. The purpose of the amendment is to enable a supplier of last resort to submit different tariffs, terms and conditions for different customers or classes of customer. The amendment empowers the Governor in Council to make Orders declaring a relevant customer or class of customers. PART 3--AMENDMENT OF GAS INDUSTRY ACT 2001 Clause 5 amends section 34 of the Gas Industry Act 2001 in relation to gas suppliers of last resort. The purpose of the amendment is to enable a supplier of last resort to submit different tariffs, terms and conditions for different customers or classes of customer. The amendment empowers the Governor in Council to make Orders declaring a relevant customer or class of customers. PART 4--AMENDMENT OF GAS SAFETY ACT 1997 Clause 6 amends section 71B of the Gas Safety Act 1997 making it an offence for a person to cause a label or compliance plate to be affixed on a Type A appliance (in connection with its supply or possible supply or sale) which falsely represents that the appliance has been and continues to be accepted under an acceptance scheme authorised for the purposes of the Gas Safety Act 1997 or accepted by Energy Safe Victoria. 2

 


 

Clause 7 amends section 99 of the Gas Safety Act 1997 to enable an inspector to exercise necessary powers for the purpose of determining compliance with the Gas Safety Act 1997 or the regulations. New sub-section (1A) provides that the powers may only be exercised for that purpose with the written consent of Energy Safe Victoria. New sub-section (4) makes it an offence to refuse or fail, without reasonable excuse, to comply with an inspector's reasonably necessary requirements for the purposes of determining compliance with the Gas Safety Act 1997 or regulations. Clause 8 provides that for the purposes of section 72(1) or 72(2) of the Gas Safety Act 1997 an "inspector" includes a Plumbing Industry Commissioner and a plumbing inspector appointed by the Plumbing Industry Commission. Sections 72(1) and 72(2) of the Gas Safety Act 1997 require a person carrying out gas fitting work to ensure the work, and any appliance or gas installation, complies with prescribed standards and requirements and standards determined by Energy Safe Victoria. Clause 9 empowers Energy Safe Victoria to exempt under the regulations a class or classes of person from the requirement to undertake the testing of gas. PART 5--AMENDMENT OF LOCAL GOVERNMENT ACT 1989 Clause 10 amends the Local Government Act 1989 to provide that a "public authority" includes a licensee under the Electricity Industry Act 2000 and Gas Industry Act 2001 and a person permitted to own or use a pipeline or licensed to construct or operate a pipeline under the Pipelines Act 1967. This amendment will preserve easements for private energy utilities over roads following the deviation or discontinuation of a road and transfer of land. Clause 11 amends the Local Government Act 1989 to provide that a public authority includes a licensee to construct and operate a pipeline under the Pipelines Act 2005. This amendment will update the reference to a pipeline licensee and will come into effect when section 213 of the new Pipelines Act 2005 is proclaimed. 3

 


 

 


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