Victorian Current Acts Victorian Current ActsSchedule 3—Transitional provisions for retail customer connection arrangements
(1) In this Schedule—
"applicable regulatory control period", for a distribution company, means the regulatory control period imposed under the next distribution determination which applies to the distribution company;
"distribution company "means any of the following companies—
(a) Citipower Pty Ltd (ACN 064 651 056);
(b) Jemena Electricity Networks (Vic) Ltd (ACN 064 651 083);
(c) Powercor Australia Ltd (ACN 064 651 109);
(d) AusNet Electricity Services Pty Ltd (ACN 064 651 118);
(e) United Energy Distribution Pty Limited (ACN 064 651 029);
"next distribution determination", for a distribution company, means the first distribution determination made after the relevant distribution determination which applies to the distribution company;
relevant distribution determination , for a distribution company, means the 2016‑2020 distribution determination made by the AER under the National Electricity Rules that applies to the distribution company (as amended or substituted from time to time);
"relevant provisions "means Chapter 5A and Part DA of Chapter 6 of the National Electricity Rules;
"specified date" means a date specified by the Minister under clause 2(1);
"transition period", for a distribution company, means the period—
(a) beginning on the day on which section 6 of the National Electricity (Victoria) Further Amendment Act 2016 comes into operation; and
(b) ending on the day on which the applicable regulatory control period for that distribution company commences.
(2) Words and expressions used in the National Electricity Rules have the same respective meanings in this Schedule as they have in those Rules.
2 Minister may specify date for purposes of certain clauses
(1) The Minister, by notice published in the Government Gazette, may specify a date for the purposes of clause 4, 6, 7 or 8.
(2) To avoid doubt, the Minister may specify more than one date under subclause (1) for the purposes of clause 4, 6, 7 or 8, including a date that replaces an earlier specified date.
3 Transitional operation of relevant provisions
(1) During the transition period, the relevant provisions operate subject to the exclusions, qualifications and modifications prescribed by this Schedule.
(2) However, the relevant provisions operate without the exclusions, qualifications and modifications prescribed by this Schedule insofar as they relate to a period beyond the transition period.
Example
A distribution company which submits a regulatory proposal for the regulatory control period that follows the distribution company's transition period is bound by the relevant provisions (without exclusion, qualification or modification) in relation to the regulatory proposal even though the proposal is submitted during the transition period.
(3) A transaction commenced by or with a distribution company during the transition period may be continued and completed after the transition period without regard to changes to the rules governing the transaction that take effect at the end of the transition period.
4 Extended meaning of some terms
During the transition period—
(a) a basic connection service includes not only a connection service for which a model standing offer has been approved by the AER (see paragraph (c) of the definition in clause 5A.A.1 of the National Electricity Rules) but also one for which the AER's approval of a model standing offer is not required; and
(b) a standard connection service includes not only a connection service for which a model standing offer has been approved by the AER (see the definition in clause 5A.A.1 of the National Electricity Rules) but also one for which the AER's approval of a model standing offer is not required; and
(c) a model standing offer includes a document prepared and published by a distribution company, without the AER's approval, as a model standing offer to have effect during the transition period (but not beyond the specified date).
Part 2—Exclusions, qualifications and modifications
5 Connection policy
A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be taken to be the distribution company's connection policy if—
(a) it sets out the circumstances in which connection charges are payable and the basis for determining the amount of such charges; and
(b) it is consistent with—
(i) the connection charge principles and the connection charge guidelines; and
(ii) legislation of Victoria that regulates electricity in Victoria, or any instrument made or issued under or for the purposes of that legislation; and
(iii) the relevant distribution determination for the distribution company (if applicable).
6 Model standing offer (basic connection services)
(1) A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be regarded as a model standing offer to provide basic connection services until the specified date if it complies with the requirements of clause 5A.B.2(b) of the National Electricity Rules as to its terms and conditions.
(2) If, before the specified date, the AER approves a model standing offer for the same basic connection services, the approved model standing offer supersedes the former model standing offer.
(3) A distribution company's obligation to have a model standing offer to provide basic connection services (clause 5A.B.1 of the National Electricity Rules) operates during the transition period but the AER's approval of the standing offer is not required until the specified date.
7 Model standing offer (standard connection services)
(1) A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be regarded as a model standing offer to provide standard connection services until the specified date if it complies with the requirements of clause 5A.B.4(c) of the National Electricity Rules as to its terms and conditions.
(2) If, before the specified date, the AER approves a model standing offer for the same standard connection services, the approved model standing offer supersedes the former model standing offer.
(3) A distribution company may submit for the AER's approval a proposed model standing offer to provide standard connection services (clause 5A.B.4 of the National Electricity Rules) before the specified date, but the AER's approval of the model standing offer is not required until the specified date.
8 Amendment of standing offers
Until the specified date, a distribution company may amend a standing offer to provide basic connection services or standard connection services by publishing the amendments and the amended text on its Internet site. (This clause applies until the specified date to the exclusion of clause 5A.B.6 of the National Electricity Rules).
A distribution company must comply with its connection policy and any other applicable regulatory obligation or requirement when calculating or imposing a connection charge for the transition period.
A reference to any of the relevant provisions in a legislative or other instrument will be construed, during the transition period, as a reference to the provision as modified by this Schedule.
11 Authorisation of certain relevant distribution determinations
(1) This clause applies if—
(a) the AER made a relevant distribution determination under the Rules on or after section 6 of the National Electricity (Victoria) Further Amendment Act 2016 was enacted, but before the commencement of that section; and
(b) the AER made that determination as if the Rules had been amended by Schedule 2.
(2) For the purposes of the National Electricity (Victoria) Law and the Rules, the relevant distribution determination (to the extent it has been made as if the Rules under which the determination was made were the Rules as amended by Schedule 2)—
(a) is taken to be authorised to have been made under the Rules; and
(b) has effect from that
commencement subject to that Law or Rules so applying.
Sch. 4 inserted by No. 1/2017 s. 18.