Victorian Current Acts

NATIONAL ELECTRICITY (VICTORIA) ACT 2005 - SECT 25

    (1)     This section applies if a relevant distributor has contravened or is contravening or, in the opinion of the AER, is likely to contravene, as the case requires—

        (a)     a Victorian distribution pricing determination; or

        (b)     a condition of a distribution licence that requires compliance with—

              (i)     a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by the relevant distributor); or

              (ii)     a code or a guideline published by the ESC that relates to the economic regulation of the provision of distribution services by the distributor—

and the AER considers that the contravention or likely contravention is not of a trivial nature.

    (2)     The AER may serve a provisional order or a final order on the relevant distributor requiring the distributor—

        (a)     to comply with—

              (i)     a Victorian distribution pricing determination; or

              (ii)     the relevant distribution licence condition; and

        (b)     if a contravention has already occurred, to take such actions as are specified in the order to rectify the contravention.

S. 25(3) amended by No. 41/2021 s. 129.

    (3)     Section 53(2) to (9) and section 54 of the Essential Services Commission Act 2001 , as in force immediately before the commencement of section 6 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 , apply as if—

        (a)     reference in those sections to a provisional order or a final order were a reference to a provisional order or a final order made and served under this section; and

        (b)     a reference to the Commission were a reference to the AER.

S. 26 inserted by No. 66/2007 s. 5,
amended by No. 11/2013 s. 18 (ILA s. 39B(1)).