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ESSENTIAL SERVICES COMMISSION ACT 2001
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Order declaring a regulated industry
5. Interpretation and application of Act
6. Crown to be bound
PART 2--ESSENTIAL SERVICES COMMISSION
7. Essential Services Commission
8. Objective of the Commission
8A. Matters which the Commission must have regard to
9. Commission represents Crown
10. Functions of the Commission
10AAA. Reporting on regulated industry market structure and performance
10AA. Commission's functions in relation to compliance and enforcement
10AAB. Commission's functions in relation to the retail energy market
10A. Commission's functions in relation to particular Basin water charges
10C. Commission's functions in relation to renewable energy
10D. Commission's functions in relation to energy efficiency
10E. Commission's functions in relation to Councils
11. Powers of the Commission
12. Commission not subject to direction or control
13. Commission may publish statements and guidelines
14. Commission must publish Charter
15. Consultation
16. Memoranda of Understanding
17. Membership of the Commission
18. The Chairperson
19. Tenure of office of Chairperson
20. Acting appointment
21. Additional Commissioners
22. Tenure of office of additional Commissioners
23. Payment of Chairperson and other Commissioners
23A. Chief executive officer
24. Staff
25. Consultants
26. Delegation
27. Declaration of pecuniary interests
28. Meetings of the Commission
29. Conduct of particular inquiry or determination
30. Determinations of the Commission
31. Matters to be included in annual report
PART 3--SPECIFIC POWERS
31A. Definitions
32. Price Regulation
33. Price determinations
34. Other regulatory powers
35. General provisions relating to determinations
PART 3A--THIRD PARTY ACCESS REGIMES
35A. Object of Part
35B. Application of Part
35C. Pricing principles applying in respect of regulated access prices
35D. Time limit for determinations relating to third party infrastructure access regimes
PART 4--INFORMATION GATHERING NOTICES
Division 1--Information gathering notices
36. Information gathering notices—performing functions or exercising powers
37. Information gathering notices—matters that constitute contravention of essential services requirement
38. Form of information gathering notice
Division 2--Compliance with information gathering notices
39. Power to examine on oath or affirmation
39A. Protection against self-incrimination—information gathering notices under section 36(1)
39B. Protection against self-incrimination—information gathering notices under section 37(1)
39C. Offence of coercion etc. against person who complies with information gathering notice
39D. No liability for loss, damage or injury
Division 3--Documents
39E. Powers in relation to documents
39F. Copies of seized documents
39G. Retention and return of seized documents
39H. Application for return of seized document
39I. Magistrates' Court may extend 3-month period
Division 4--When Commission must not serve information gathering notice
39J. Matters about which the Commission must not serve information gathering notice
PART 4A--PROVISION OF INFORMATION RELATING TO REGULATED ENTITIES
39K. Provision of information relating to regulated entities
39L. Matters about which the Commission must not gather information under this Part
PART 4B--INSPECTION POWERS
Division 1--Inspectors
39M. Appointment of inspectors
39N. Inspector's identification
39O. Production of identification
Division 2--Entry and search of premises with consent
39P. Entry and search with consent
39Q. Notice before entry and search
39R. Acknowledgement of consent to entry and search
Division 3--Entry and search of premises with warrant
39S. Search warrants
39T. Form and content of search warrants
39U. Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer
39V. Announcement before entry
39W. Details of warrant to be given to occupier
39X. Seizure of documents or computers not mentioned in the warrant
Division 4--Documents and computers
39Y. Copies of seized documents
39Z. Retention and return of seized documents or computers
39ZA. Application for return of seized documents or computers
39ZB. Magistrates' Court may extend 3-month period
Division 5--Offences
39ZC. Refusal or failure to comply with requirement
39ZD. Protection against self-incrimination
39ZE. Offence to hinder or obstruct inspector
39ZF. Offence to impersonate inspector
Division 6--Miscellaneous
39ZG. Requirement to assist inspector during entry
39ZH. Entry to be reported to the Commission
39ZI. Register of exercise of powers of entry
39ZJ. Complaints
Division 7--When inspector must not exercise search and seizure powers or apply for search warrants
39ZK. Matters about which inspectors must not exercise search and seizure powers or apply for search warrants
PART 4C--COURT MAY ORDER COMPLIANCE WITH REQUIREMENTS
39ZL. Powers of court if requirement of Commission or inspector not complied with
PART 5--INQUIRIES AND REPORTS
40. Inquiry by Commission
41. Minister may refer matter for inquiry
41A. Minister may limit use of powers under section 37
42. Notice of inquiry
43. Conduct of inquiry
45. Reports
46. Special reports
PART 6--CODES OF PRACTICE
47. Power to make Codes of Practice
48. Power to apply, adopt or incorporate
49. Publication of Codes of Practice and amendments
50. Automatic revocation of Codes of Practice after 10 years
PART 7--ENFORCEMENT
Division 1--Contravention order and related orders
53. Contravention order
54. Civil penalty orders
54A. Civil penalty amount—energy licensees
54B. Civil penalty amount—officers of energy licensees
54C. Civil penalty amount—other regulated entities
54D. Civil penalty amount—officers of other regulated entities
54E. How other civil penalty amounts are to be provided
54F. Adverse publicity orders
54G. Orders requiring provision of services, education, etc.
54H. Compensation and other orders
54I. Proceedings under this Division are civil proceedings
54J. Authority to commence proceedings
54K. Civil proceedings after criminal proceedings
54L. Criminal proceeding during proceeding for civil penalty order
54M. Criminal proceedings commenced after proceeding for contravention order
54N. Evidence given or produced during proceeding for contravention order
54O. Conduct contravening more than one civil penalty requirement
54P. Multiple contraventions of civil penalty requirements
54Q. Multiple proceedings for contravention order to be heard together
54R. Jurisdictional limit of Magistrates' Court does not apply to civil penalty order
Division 2--Penalty notice regime
54S. Power to serve a penalty notice
54T. Notice penalties
54U. How other notice penalty amounts are to be provided
54V. Form of penalty notice
54W. Commission must not commence certain proceedings while penalty notice on foot or until time for payment has expired
54X. Late payment
54Y. Withdrawal of penalty notice
54Z. Refund of notice penalty
54ZA. Payment expiates contravention
54ZB. Payment not to have certain consequences
54ZC. Multiple contraventions
Division 3--Enforceable undertakings
54ZD. Enforceable undertakings
54ZE. Enforcement of enforceable undertakings
54ZF. Monetary benefits order—contravention of enforceable undertaking
Division 4--Compliance notices
54ZG. Compliance notice
Division 5--Injunctions
54ZH. Injunctions
54ZI. Consent injunctions
54ZJ. Interim injunctions
54ZK. Variation and discharge of injunctions
54ZL. Undertakings as to damages and costs
Division 6--Declarations
54ZM. Declarations
Division 7--Other persons involved in contraventions of civil penalty requirements
54ZN. Persons involved in contraventions
Division 8--Register of Enforcement Action
54ZO. Register of Enforcement Action
PART 7A--FUNDS
Division 1--Essential Services Commission Enforcement Fund
54ZP. Essential Services Commission Enforcement Fund
54ZQ. Payments into the Essential Services Commission Enforcement Fund
54ZR. Payments out of the Essential Services Commission Enforcement Fund
54ZS. Recovery of amounts ordered to be paid into the Essential Services Commission Enforcement Fund
Division 2--Essential Services Commission Operating Fund
54ZT. Essential Services Commission Operating Fund
54ZU. Payments into the Essential Services Commission Operating Fund
54ZV. Payments out of the Essential Services Commission Operating Fund
PART 7B--REVIEW BY VCAT
55. VCAT review
56. Proceedings for review by VCAT
56A. Commission to give effect to VCAT decisions
PART 7C--GENERAL
Division 1--Personal liability and contraventions by bodies corporate and others
60. Personal liability
60A. Contraventions of this Act and relevant legislation by bodies corporate
60B. Conduct by officers, employees or agents
Division 2--Disclosure of information, information sharing and offences
60C. Restriction on disclosure of confidential information
60D. Commission must not disclose exempt freedom of information documents
60E. Information sharing arrangements
61. Disclosure of information an offence
61A. Offence to give false or misleading information or documents
61B. Monetary benefits order—false and misleading information offence to Commission
Division 3--Miscellaneous
62. Proceedings
62A. Who can commence proceedings for offences?
62B. Determining amount to be paid under monetary benefits orders and certain civil penalty orders
62C. Court may grant relief from liability
63. Supreme Court—limitation of jurisdiction
64. Service of documents
65. Regulations
66. Review
PART 7D--AMENDMENTS CONSEQUENTIAL TO REPEAL OF PART 1B OF THE WATER INDUSTRY ACT 1994
66A. Commencement of Part
66B. Functions of Commission—Essential Services Commission Act 2001
66C. Repeal of section 10A
66D. Repeal of Part
PART 8--TRANSITIONAL
67. Repeal of the Office of the Regulator-General Act 1994
68. Commission is successor in law
69. Transitional provision—uncompleted appeals
70. Enforcement
71. Enforcement orders
72. Energy industry penalty notices
73. Information gathering
74. Information sharing
75. Chief executive officer
76. Codes of Practice
77. Transitional civil penalty requirements—Energy Retail Code
78. Transitional civil penalty requirements—Electricity Distribution Code
79. Transitional civil penalty requirements—Gas Distribution System Code
ENDNOTES
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