{"id":"electricity-industry-act-2000","name":"Electricity Industry Act 2000","slug":"electricity-industry-act-2000","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176382,"registerId":"vic-electricity-industry-act-2000-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 5A","sectionType":"division","heading":"Terms and conditions for the purchase of small renewable energy generation electricity 100","content":"Division 5A—Terms and conditions for the purchase of small renewable energy generation electricity 100\n\n","sortOrder":0},{"sectionNumber":"40F","sectionType":"section","heading":"Definitions 100","content":"40F Definitions 100\n\n40FA Meaning of premium solar feed-in tariff terms and conditions 111\n\n40FAB Meaning of transitional feed-in scheme tariff terms and conditions 113\n\n40FB Meaning of general renewable energy feed-in terms and conditions 115\n\n40FBA Rates for purchases of small renewable energy generation electricity 116\n\n40FC Meaning of premium solar feed-in tariff period 117\n\n40FCA Meaning of TFiT scheme period 118\n\n40FD Application of premium solar feed-in tariff and TFiT scheme terms and conditions obligations 119\n\n40FE Minister may declare the declared scheme capacity day 119\n\n40FEA Minister may declare TFiT scheme end day 120\n\n40FF Relevant licensee condition relating to premium solar feed-in tariff and TFiT scheme tariff 121\n\n40FG Small retail licensees may offer to purchase qualifying solar energy generation electricity or TFiT scheme electricity 121\n\n40FH Distribution company licences to require credits for qualifying solar energy generation electricity and TFiT scheme electricity 123\n\n40FI Pass through of costs associated with credits for qualifying solar energy generation electricity 124\n\n40FJ Distribution companies to report annually on connected qualifying solar energy generating facilities 124\n\n","sortOrder":1},{"sectionNumber":"40G","sectionType":"section","heading":"Retailer licence condition relating to purchase of small renewable energy generation electricity 126","content":"40G Retailer licence condition relating to purchase of small renewable energy generation electricity 126\n\n40GA Unilateral variation of general renewable energy feed-in terms and conditions prohibited 127\n\n40H When do published feed-in offers take effect? 128\n\n40I Reference of small renewable energy generation electricity feed‑in offers to Commission 129\n\n40J Commission assessment of small renewable energy generation feed-in terms or conditions 131\n\n40K Certain Commission assessment reports to be made publicly available 134\n\n40L Commission determination of small renewable energy generation prices, terms and conditions 134\n\n40M Declaration of small renewable energy generation electricity general feed-in terms and conditions 135\n\n40MAA Relevant licensee must input declared general feed-in terms and conditions into Minister nominated Internet site 136\n\n40MA Declaration of qualifying solar energy generation electricity premium solar feed‑in terms and conditions 137\n\n40MAB Declaration of TFiT scheme terms and conditions 137\n\n40MB When do declared ESC recommended feed-in terms or conditions take effect? 138\n\n40MC When do declared ESC determined feed‑in terms or conditions take effect? 139\n\n40MD Licence condition applying to relevant licensee named in Ministerial declaration 140\n\n40ME Licence condition applying to small retail licensee named in Ministerial declaration 141\n\n","sortOrder":2},{"sectionNumber":"40N","sectionType":"section","heading":"Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers 141","content":"40N Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers 141\n\n40NA Retailer Internet site must be up to date for premium solar feed-in tariff offers 142\n\n40NB Retailer Internet site must be up to date for transitional feed‑in tariff offers 143\n\nDivision 5B—Condition relating to greenhouse gas emissions and energy efficiency benchmarking information 145\n\n40O Definitions 145\n\n40P Meaning of bill benchmarking information 145\n\n40Q Declaration of residential customers 146\n\n40R Condition relating to greenhouse gas emissions and energy efficiency benchmarking information 146\n\n40S Commission guidelines relating to greenhouse gas emissions information condition 147\n\nDivision 5BA—Offshore wind energy generation companies 147\n\n40SAA Minister may declare an offshore wind energy generation company 147\n\n","sortOrder":3},{"sectionNumber":"Div 5C","sectionType":"division","heading":"Disconnection of supply of electricity 148","content":"Division 5C—Disconnection of supply of electricity 148\n\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary 148","content":"Subdivision 1—Preliminary 148\n\n40SA Definitions 148\n\n40SB Meaning of *relevant customer* 153\n\n40SC Objects 154\n\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Offences 154","content":"Subdivision 2—Offences 154\n\n40SD Knowingly or recklessly disconnecting supply of electricity at premises 154\n\n40SE Disconnection of supply of electricity at premises 155\n\n40SF Knowingly or recklessly disconnecting supply of electricity at premises of life support customer 155\n\n40SG Life support customers and residents—retailer obligations when advised or notified 157\n\n40SH Life support customers and residents—retailer obligations when advised by distribution company or gas distribution company 160\n\n40SI Life support customers and residents—retailer obligations when advised by exempt electricity sellers 161\n\n40SJ Life support customers and residents—exempt electricity seller obligations when advised by relevant customer 162\n\n40SK Life support customers and residents—exempt electricity seller obligations when advised by exempt distributor 164\n\n","sortOrder":6},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Permitted grounds for disconnection 165","content":"Subdivision 3—Permitted grounds for disconnection 165\n\n40SL Supply of electricity may be disconnected by agreement or on notice from relevant customer 165\n\n40SM Supply of electricity may be disconnected for non‑payment of bill or failure to comply with terms of relevant assistance 166\n\n40SN Supply of electricity may be disconnected for failure to pay security deposit 167\n\n40SO Supply of electricity may be disconnected for refusal to provide acceptable identification 168\n\n40SP Supply of electricity may be disconnected if access to meter denied 169\n\n40SQ Supply of electricity may be disconnected if there is taking of electricity without notification by customer 171\n\n40SR Supply of electricity may be disconnected in the prescribed circumstances 172\n\n40SS Restrictions on retailer or exempt electricity seller disconnecting supply of electricity 172\n\n","sortOrder":7},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Disconnection for fraudulent or illegal taking of electricity 173","content":"Subdivision 4—Disconnection for fraudulent or illegal taking of electricity 173\n\n40ST Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—retailers 173\n\n40SU Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—exempt electricity sellers 175\n\n","sortOrder":8},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Register of life support customers and residents 177","content":"Subdivision 5—Register of life support customers and residents 177\n\n40SV Register of life support customers and residents 177\n\n","sortOrder":9},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"Miscellaneous 178","content":"Subdivision 6—Miscellaneous 178\n\n40SW Alternative verdict for charge of knowingly or recklessly disconnecting supply of electricity at premises 178\n\nDivision 6—Hardship policies 178\n\n41 Definitions 178\n\n42 Objects 179\n\n43 Financial hardship policies 180\n\n43A Review of financial hardship policy at the direction of Commission 180\n\n43B Licensee may submit variation to, or replacement of, financial hardship policy for approval 181\n\n43C Content of financial hardship policies 181\n\n44 Commission may develop guidelines 182\n\n45 Commission approval 183\n\nDivision 6A—Advanced metering infrastructure 185\n\n46B Definitions 185\n\n46C Licence condition requiring compliance with Order 186\n\n46CA Exempt seller condition requiring compliance with Order 187\n\n","sortOrder":10},{"sectionNumber":"46D","sectionType":"section","heading":"Orders in relation to advanced metering infrastructure 187","content":"46D Orders in relation to advanced metering infrastructure 187\n\n46DA Interrelationship of Orders and other provisions relating to tariffs 197\n\n46E General powers in relation to Orders 197\n\nDivision 7—Community services agreements 199\n\n47 Community services 199\n\n48 Transitional provision relating to community services 199\n\n49 Commission may decide certain matters 200\n\nDivision 8—Victorian specific retailer of last resort processes 201\n\n49A Definitions 202\n\n49B Effect of issue of RoLR event on licence held by a failed national retailer 202\n\n49C Certain information to be provided to AER and AEMO by the Commission 203\n\nDivision 9—Trial waivers 203\n\nSubdivision 1—Interpretation 203\n\n51 Definitions 203\n\n52 Innovative trial principles 205\n\nSubdivision 2—Trial waiver orders 206\n\n53 Order in Council in relation to trial waivers 206\n\nSubdivision 3—Grant of trial waivers 207\n\n54 Trial waiver 207\n\n55 Conditions of trial waiver 208\n\n56 Consultation on trial waiver 209\n\n57 Publication of trial waiver 209\n\n58 Duration of trial waiver 209\n\nSubdivision 4—Extension of trial waivers 209\n\n59 Extension of trial waiver 209\n\nSubdivision 5—Variation and revocation of trial waivers 210\n\n60 Variation of trial waiver, or conditions of trial waiver, by Commission 210\n\n61 Variation of trial waiver, or conditions of trial waiver, by agreement 213\n\n62 Revocation of trial waiver 213\n\nSubdivision 5A—Compliance 213\n\n62A Compliance with conditions of trial waiver 213\n\nSubdivision 6—Trial project guidelines 214\n\n63 Preparation and issue of trial project guidelines 214\n\n64 Amendment of trial project guidelines 215\n\n65 Consideration of AER trial project guidelines 215\n\nSubdivision 7—Information sharing with the AER 216\n\n66 Information disclosure 216\n\nSubdivision 8—Miscellaneous 216\n\n67 Register of trial waivers 216\n\n68 Trial waiver not personal property 217\n\nPart 4—Protection of critical electricity infrastructure 218\n\n79 Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited 218\n\n80 Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles 218\n\nPart 5—Powers of electricity corporations 220\n\nDivision 1—Preliminary 220\n\n85 Definitions 220\n\nDivision 2—Easements and acquisition of certain land 222\n\n86 Power to acquire easements with approval of Governor in Council 222\n\n86A Acquisition of easement—easement in gross 223\n\n87 Acquisition of land within Latrobe area 223\n\n88 Making of easements in subdivisions 224\n\n89 Certain easements may be used for carriage service 224\n\n90 Easements over lands held by Crown licensees or lessees 225\n\n91 Arrangements for joint use of easements 225\n\n92 Cancellation of easements 226\n\nDivision 3—Works 227\n\nSubdivision 1—Preliminary 227\n\n92A Definitions 227\n\nSubdivision 2—General powers and duties relating to works 228\n\n93 Powers as to works etc. 228\n\n93A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 231\n\n93B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock 232\n\nSubdivision 3—Further statutory power of entry 233\n\n93BA Authorisation by Minister 233\n\n93BB Identification cards 233\n\n93BC Power to enter land 234\n\n93BD Notice of proposed entry must be given in advance 235\n\n93BE Entry must be proportionate 238\n\nSubdivision 4—Entry in accordance with court order 239\n\n93BF What is an entry order? 239\n\n93BG Authorised officer may apply for entry order 240\n\n93BH Authorised officer must serve notice of application for entry order 241\n\n93BI Owner or occupier may object to application for entry order 243\n\n93BJ Magistrates' Court may extend or abridge the time within which an objection may be made 243\n\n93BK How Magistrates' Court is to determine application for entry order 244\n\n93BL Magistrates' Court may make entry order 245\n\n93BM Authorised officer must serve order 247\n\nSubdivision 5—Provisions applicable to entry under Subdivision 3 or 4 249\n\n93BN References to relevant authority 249\n\n93BO Notice must be given on entry 249\n\n93BP Identification card must be carried and produced on request 250\n\n93BQ Authorised officer may direct person to identify themselves 251\n\n93BR Authorised officer may give warning or direction 252\n\n93BS Authorised activities must not be hindered, obstructed or delayed 253\n\nSubdivision 6—Miscellaneous 254\n\n93BT Impersonation of authorised officers 254\n\n93BU Service 255\n\n93BV Power to serve an infringement notice 256\n\n93BW Infringement penalties 256\n\n93BX No double jeopardy 257\n\nDivision 4—Miscellaneous 258\n\n93C Notification of electricity corporations before railway operations carried out 258\n\n94 Rateability of certain property 259\n\nPart 6—Electricity supply emergency provisions 263\n\nDivision 1—Emergency provisions 263\n\n95 Proclamation that this Part applies 263\n\n96 Powers of Minister 263\n\n97 Offences 267\n\n98 Judicial notice 270\n\n99 Immunity from suit 270\n\n99A Corporations Act displacement 270\n\nDivision 2—Enforcement 271\n\n100 Powers of entry—enforcement 271\n\n101 Occupier to be given copy of consent 271\n\n102 Search warrant 271\n\n103 Announcement before entry 273\n\n104 Copy of warrant to be given to occupier 273\n\n105 Person authorised by Energy Safe Victoria can bring proceedings 274\n\nDivision 3—Infringement notices 274\n\n106 Definition 274\n\n107 Power to serve a notice 275\n\n109 Infringement penalties 275\n\nPart 6A—Compliance and enforcement reporting 276\n\n109A Compliance and enforcement report—retailers 276\n\n109B Performance indicators for compliance and enforcement reports 278\n\n109C Reporting of systemic issues referred to Commission 279\n\nPart 6AB—Electricity outage emergency directions 282\n\n109D Definitions 282\n\n109E Power to give emergency direction 283\n\n109F Matters to be considered and things to be done before the giving of emergency direction 286\n\n109G Period of effect of emergency direction 287\n\n109H Extension of effect of emergency direction 287\n\n109I Compliance with emergency direction 287\n\n109J Direction of Minister under section 96 prevails over emergency direction 287\n\n109K Register of emergency directions 288\n\n109L Disclosure of information related to affected customers to certain public sector entities 288\n\n109M Delegation 289\n\nPart 7—General 290\n\nDivision 1—General enforcement 290\n\n116AA Offence to give false or misleading information or documents 290\n\n116AAB Monetary benefits orders 291\n\n116AAC Determining amount to be paid under monetary benefits order 291\n\n116AAD Recovery of amounts ordered to be paid 293\n\n116AAE Adverse publicity orders 293\n\nDivision 2—Miscellaneous 294\n\n116 Delegation by Minister 294\n\n118 Supreme Court—limitation of jurisdiction 294\n\n119 Regulations 294\n\nPart 8—Savings and transitionals 296\n\n120 Transitional provision—Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013 296\n\n121 Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017 296\n\n122 Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 297\n\n123 Savings and transitional provisions—Regulatory Legislation Amendment (Reform) Act 2025 297\n\n124 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025 298\n\nSchedule 299\n\nEndnotes 301\n\n1 General information 301\n\n2 Table of Amendments 303\n\n3 Explanatory details 314\n\n**Version No.** **105**\n\n**Electricity Industry Act 2000**\n\n**No. 68 of 2000**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":11},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":12},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe main purpose of this Act is to regulate the electricity supply industry.\n\n","sortOrder":13},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.\n\n(2) Section 19(5) comes into operation on a day to be proclaimed.\n\n(3) Section 83 comes into operation on a day to be proclaimed.\n\n(4) The remaining provisions of this Act come into operation on 1 January 2001.\n\n(5) If section 83 does not come into operation before 31 December 2001, it comes into operation on that day.\n\n","sortOrder":14},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *ACCC* amended by Nos 32/2001 s. 28(1)(a), 21/2012 s. 239(Sch. 6 item 15.1).\n\n***ACCC*** means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Commission or a Division of the Commission performing functions of the Commission;\n\nS. 3 def. of *Adminis–trative Office* inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.\n\nS. 3 def. of *AEMC* inserted by No. 59/2008 s. 3(1).\n\n***AEMC*** means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;\n\nS. 3 def. of *AEMO* inserted by No. 23/2009 s. 5(1).\n\n***AEMO*** means Australian Energy Market Operator Limited (ACN 072 010 327);\n\nS. 3 def. of *AER* inserted by No. 33/2021 s. 3(1).\n\n***AER*** means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;\n\nS. 3 def. of *affected licensee* inserted by No. 37/2020 s. 3.\n\n***affected licensee*** means—\n\n(a) a licensee whose licence in relation to which the Minister proposes to make an Order under section 33AB(1) specifying a condition to which the licence is to be subject; or\n\n(b) a licensee whose licence is subject to a Ministerial licence condition which the Minister proposes to vary or revoke under an Order under section 33AB(1);\n\nS. 3 def. of *associate* inserted by No. 18/2024 s. 19(a).\n\n***associate***, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act  if sections 13, 16(2) and 17 did not form part of that Act;\n\nS. 3 def. of *CEO VicGrid* inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.\n\nS. 3 def. of *CEO VicGrid authorised representative* inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.\n\nS. 3 def. of *Code of Practice* inserted by No. 49/2015 s. 3.\n\n***Code of Practice*** means a Code of Practice applying to the electricity industry under Part 6 of the **Essential Services Commission Act 2001** or under this Act;\n\nS. 3 def. of *Commission* inserted by No. 62/2001 s. 70(a).\n\n***Commission*** means the Essential Services Commission established under the **Essential Services Commission Act 2001**;\n\nS. 3 def. of *company* substituted by No. 44/2001 s. 3(Sch. item 34.1(a)).\n\n***company*** means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;\n\nS. 3 def. of *corporation* amended by No. 44/2001 s. 3(Sch. item 34.1(b)).\n\n***corporation*** has the same meaning as in the Corporations Act;\n\nS. 3 def. of *critical electricity infrastructure* inserted by No. 72/2009 s. 4.\n\n***critical electricity infrastructure*** means—\n\n(a) a critical generation facility; or\n\n(b) a related coal mine; or\n\n(c) a substation, terminal station or distribution system or transmission system switchyard;\n\nElectricity is converted, transformed and controlled at a substation, terminal station, or distribution system or transmission system switchyard.\n\nS. 3 def. of *critical generation facility* inserted by No. 72/2009 s. 4.\n\n***critical generation facility***—\n\n(a) means a generation facility that—\n\n(i) generates electricity; and\n\n(ii) has an installed or name plate generation capacity of 1000 kVA or greater; and\n\n(b) includes a water storage facility associated with a generation facility referred to in paragraph (a);\n\nS. 3 def. of *declared transmission system operator* inserted by No. 10/2020 s. 5.\n\n***declared transmission system operator*** has the meaning given by section 33 of the **National Electricity (Victoria) Act 2005**;\n\nS. 3 def. of *deemed Ministerial licence condition* inserted by No. 37/2020 s. 3.\n\n***deemed Ministerial licence condition*** means a Ministerial licence condition to which section 33AI(1) or (2) applies;\n\n***distribution company*** means a person who is the holder of a licence to distribute electricity;\n\nS. 3 def. of *domestic or small business customer* inserted by No. 59/2008 s. 3(1).\n\n***domestic or small business customer*** means a person, or a member of a class of persons, to whom an Order under section 35(5) applies;\n\nS. 3 def. of *electricity bill* inserted by No. 91/2004 s. 3, substituted by No. 28/2021 s. 6.\n\n***electricity bill*** means—\n\n(a) in this Act (except Division 5C of Part 2), a bill or an account issued by a licensee to a customer for the supply or sale of electricity; and\n\n(b) in Division 5C of Part 2, a bill or an account issued by a retailer or an exempt electricity seller (within the meaning of that Division) to a relevant customer (within the meaning of that Division) for the supply or sale of electricity;\n\nS. 3 def. of *Energy Safe Victoria* inserted by No. 12/2023 s. 4(1).\n\n***Energy Safe Victoria*** has the same meaning as it has in the **Energy Safe Victoria Act 2005**;\n\nS. 3 def. of *enforcement officer* amended by No. 13/2025 s. 96(Sch. 3 item 3).\n\n***enforcement officer*** means a person appointed as an authorised officer under Part 11 of the **Electricity Safety Act 1998**;\n\nS. 3 def. of *failed retailer* inserted by No. 18/2024 s. 19(a).\n\n***failed retailer*** has the same meaning as in section 122 of the National Energy Retail Law (Victoria);\n\n***generation company*** means a person who is the holder of a licence to generate electricity for supply or sale;\n\nS. 3 def. of *industry code* inserted by No. 41/2021 s. 40.\n\n***industry code*** does not include a Code of Practice;\n\nS. 3 def. of *insolvency official* inserted by No. 18/2024 s. 19(a).\n\n***insolvency official*** has the same meaning as in section 122 of the National Energy Retail Law (Victoria);\n\n***licence*** means a licence issued under Part 2;\n\nS. 3 def. of *licensee* amended by No. 3/2014 s. 3.\n\n***licensee*** means the holder of a licence issued under Part 2;\n\nS. 3 def. of *licensee standing offer* inserted by No. 59/2008 s. 3(1), amended by No. 28/2021 s. 13.\n\n***licensee standing offer*** means—\n\n(a) the tariffs fixed under an Order in force under section 13 or determined under a price determination in force under such an Order or, if there are no such tariffs, the tariffs determined by a licensee under section 35(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee as provided for under section 35(3); and\n\n(b) the terms and conditions determined by a licensee and approved by the Commission under section 35(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee and approved by the Commission as provided for under section 35(4);\n\nS. 3 def. of *MCE* inserted by No. 59/2008 s. 3(1), substituted by No. 13/2022 s. 66.\n\n***MCE*** means the group of Ministers, constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described) responsible for energy matters at a national level that is comprised of the following 9 Ministers—\n\n(a) one Minister from the Commonwealth;\n\n(b) one Minister from each State;\n\n(c) one Minister from each Territory—\n\nwhich acts in accordance with its own procedures;\n\nS. 3 def. of *Ministerial licence condition* inserted by No. 37/2020 s. 3.\n\n***Ministerial licence condition***—\n\n(a) means a condition specified under an Order under section 33AB(1) to which a licence, or a specified class of licence, is to be subject; and\n\n(b) includes a condition referred to in paragraph (a) as varied under an Order under section 33AB(1);\n\nS. 3 def. of *National Electricity Code* substituted as National Electricity Rules by No. 8/2005 s. 14(1).\n\n***National Electricity Rules*** has the same meaning as in the National Electricity (Victoria) Law;\n\nS. 3 def. of *national retailer* inserted by No. 18/2024 s. 19(a).\n\n***national retailer*** has the same meaning as in section 122 of the National Energy Retail Law (Victoria);\n\nS. 3 def. of *negotiated connection contract* inserted by No. 37/2020 s. 3.\n\n***negotiated connection contract*** has the meaning given by clause 5A.C.1 of the National Electricity Rules;\n\nS. 3 def. of *NEMMCO* repealed by No. 23/2009 s. 5(2).\n\nS. 3 def. of *Office* repealed by No. 62/2001 s. 70(b).\n\nS. 3 def. of *offshore wind energy generation company* inserted by No. 14/2024 s. 19.\n\n***offshore wind energy generation company*** means a person declared to be an offshore wind energy generation company under section 40SAA;\n\nS. 3 def. of *public sector employee* inserted by No. 38/2025 s. 62A.\n\n***public sector employee*** has the same meaning as in the **Public Administration Act 2004**;\n\nS. 3 def. of *Register of Exempt Persons* inserted by No. 1/2017 s. 7.\n\n***Register of Exempt Persons*** means the register established and maintained under section 33C;\n\nS. 3 def. of *regulated tariff standing offer* inserted by No. 59/2008 s. 3(1).\n\n***regulated tariff standing offer*** means a licensee standing offer that is subject to an Order under section 13 that is in force;\n\nS. 3 def. of *related coal mine* inserted by No. 72/2009 s. 4.\n\n***related coal mine***—\n\n(a) means a coal mine from which coal is extracted for use in a critical generation facility; and\n\n(b) includes a water storage facility associated with a coal mine referred to in paragraph (a);\n\nS. 3 def. of *relevant published offer* inserted by No. 59/2008 s. 3(1).\n\n***relevant published offer*** means the tariffs and terms and conditions on which a specified retailer sells electricity to small retail customers that are published in accordance with section 36A;\n\nS. 3 def. of *retail licence* inserted by No. 18/2024 s. 19(a).\n\n***retail licence*** means a licence to sell electricity otherwise than through a wholesale electricity market;\n\n***retailer*** means the holder of a licence to sell electricity otherwise than through the wholesale electricity market;\n\nS. 3 def. of *RoLR event* inserted by No. 18/2024 s. 19(a).\n\n***RoLR event*** has the same meaning as in section 122 of the National Energy Retail Law (Victoria);\n\nS. 3 def. of *SEC* repealed by No. 11/2024 s. 82.\n\nS. 3 def. of *small retail customer* inserted by No. 91/2004 s. 3, amended by No. 59/2008 s. 3(2).\n\n***small retail customer*** in section 36A, 40C, 40D or 40E means a person in a class of persons declared to be small retail customers for the purposes of that section by Order under section 7AA(1)(a);\n\nS. 3 def. of *specified circum-stances* inserted by No. 59/2008 s. 3(1).\n\n***specified circumstances***, in section 36A, means circumstances declared to be specified circumstances by Order under section 7AA(1)(c);\n\nS. 3 def. of *specified retailer* inserted by No. 59/2008 s. 3(1).\n\n***specified retailer*** means a retailer declared to be a specified retailer by Order under section 7AA(1)(b);\n\nS. 3 def. of *stand-alone power system* inserted by No. 33/2021 s. 3(2).\n\n***stand-alone power system*** has the same meaning as in section 6B(6) of the National Electricity (Victoria) Law;\n\nS. 3 def. of *standing offer* inserted by No. 59/2008 s. 3(1).\n\n***standing offer*** means—\n\n(a) a licensee standing offer; or\n\n(b) a regulated tariff standing offer;\n\nS. 3 def. of *supply and sale contract* inserted by No. 28/2021 s. 3.\n\n***supply and sale contract*** means a contract for the sale or supply of electricity, whether oral or in writing, or partly oral and partly in writing;\n\nS. 3 def. of *Tariff Order* substituted by No. 25/2004 s. 3.\n\n***Tariff Order*** means an Order made under section 15A as that Order is amended and in force from time to time;\n\n***transmission company*** means a person who is the holder of a licence to transmit electricity;\n\nS. 3 def. of *trial waiver* inserted by No. 33/2021 s. 3(1).\n\n***trial waiver***—see section 54;\n\nS. 3 def. of *VENCorp* amended by No. 32/2001 s. 28(1)(b), repealed by No. 23/2009 s. 5(2).\n\nS. 3 def. of *VicGrid* inserted by No. 38/2025 s. 58.\n\n***VicGrid***  has the same meaning as in the **National Electricity (Victoria) Act 2005**;\n\nS. 3 def. of *VicGrid Adminis–trative Office* inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.\n\nS. 3 def. of *wholesale electricity market* amended by No. 23/2009 s. 5(3), substituted by No. 18/2024 s. 19(b).\n\n***wholesale electricity market*** has the same meaning as in the National Electricity (Victoria) Law.\n\n","sortOrder":15},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"\t4 Crown to be bound\n\nThis Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\n","sortOrder":16},{"sectionNumber":"5","sectionType":"section","heading":"Extra-territorial operation","content":"\t5 Extra-territorial operation\n\nIt is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—\n\n(a) land situated outside Victoria, whether in or outside Australia;\n\n(b) things situated outside Victoria, whether in or outside Australia;\n\n(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;\n\n(d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.\n\n","sortOrder":17},{"sectionNumber":"6","sectionType":"section","heading":"Construction of Act","content":"\t6 Construction of Act\n\nThis Act must be read and construed as one with the **Electricity Industry (Residual Provisions) Act 1993**.\n\n","sortOrder":18},{"sectionNumber":"7","sectionType":"section","heading":"Application of Act to certain distribution, transmission and generation companies","content":"\t7 Application of Act to certain distribution, transmission and generation companies\n\n(1) The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions in Part 5 of this Act or specified provisions in another Act to a distribution company, transmission company or generation company does not include a reference to a specified distribution company, transmission company or generation company.\n\n(2) A copy of an Order under subsection (1) must be laid before each House of the Parliament on or before the sixth sitting day after it is made.\n\n(3) An Order under subsection (1) is subject to disallowance by a House of the Parliament, and section 23 of the **Subordinate Legislation Act 1994** applies as if the Order were a statutory rule.\n\nS. 7A  \ninserted by No. 85/2001 s. 3, amended by No. 85/2001 s. 9.\n\n","sortOrder":19},{"sectionNumber":"7A","sectionType":"section","heading":"Application of the Essential Services Commission Act 2001","content":"\t7A Application of the Essential Services Commission Act 2001\n\nFor the purposes of the **Essential Services Commission Act 2001**—\n\n(a) this Act is relevant legislation; and\n\n(b) the electricity industry is a regulated industry.\n\nS. 7AA inserted by No. 91/2004 s. 4.\n\n\t7AA Declaration of classes of customers and retailers\n\n(1) The Governor in Council may by Order published in the Government Gazette—\n\n(a) declare a class or classes of persons to be small retail customers for the purposes of section 36A, 40C, 40D or 40E;\n\nS. 7AA(1)(b) amended by No. 59/2008 s. 4(1).\n\n(b) declare a licensee to be a specified retailer for the purposes of section 36A;\n\nS. 7AA(1)(c) inserted by No. 59/2008 s. 4(2).\n\n(c) declare circumstances to be specified circumstances for the purposes of section 36A.\n\n(2) An Order under subsection (1)(a) may declare a different class or classes of persons to be small retail customers for the purposes of each section specified in that paragraph.\n\nS. 7AA(3) amended by No. 59/2008 s. 4(3).\n\n(3) An Order under subsection (1)(a) may specify a class of persons by reference to all or any of the following—\n\n(f) the nature of the contract for supply of electricity;\n\n(g) financial circumstances;\n\n(h) any other specified factor of any kind.\n\nS. 7AA(3A) inserted by No. 59/2008 s. 4(4).\n\n(3A) An Order under subsection (1)(b) may declare a licensee to be a specified retailer by reference to all or any of the following—\n\n(a) the number of small retail  customers of the licensee;\n\n(b) the tariffs at, and terms and conditions on, which the licensee sells electricity to its small retail  customers;\n\n(c) the distribution area of a distribution company provided for in the company's licence;\n\n(d) any other specified factor relevant to the sale of electricity.\n\nS. 7AA(3B) inserted by No. 59/2008 s. 4(4).\n\n(3B) An Order under subsection (1)(c) may declare circumstances to be specified circumstances by reference to all or any of the following—\n\n(a) the number of small retail  customers of a specified retailer;\n\n(b) the tariffs at, and terms and conditions on, which a specified retailer sells electricity to its small retail  customers;\n\n(c) the distribution area of a distribution company provided for in the company's licence;\n\n(d) any other specified factor relevant to the sale of electricity.\n\n(4) An Order under this section may confer powers and functions on, and leave any matter to be decided by, the Commission.\n\n","sortOrder":20},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulation of electricity industry","content":"Part 2—Regulation of electricity industry\n\n","sortOrder":21},{"sectionNumber":"Div 1","sectionType":"division","heading":"Introductory","content":"Division 1—Introductory\n\nS. 8  \namended by Nos 23/2009 s. 6, 11/2024 s. 83.\n\n","sortOrder":22},{"sectionNumber":"8","sectionType":"section","heading":"Application of Part","content":"\t8 Application of Part\n\nThis Part applies to any person, including any distribution company, transmission company, retailer and generation company.\n\nS. 9  \nrepealed by No. 85/2001 s. 4(1).\n\nS. 10 substituted by No. 62/2001 s. 71.\n\n","sortOrder":23},{"sectionNumber":"10","sectionType":"section","heading":"Objectives of the Commission","content":"\t10 Objectives of the Commission\n\nThe objectives of the Commission under this Act are—\n\n(a) to the extent that it is efficient and practicable to do so, to promote a consistent regulatory approach between the electricity industry and the gas industry; and\n\nS. 10(b) amended by No. 49/2015 s. 4(a).\n\n(b) to promote the development of full retail competition; and\n\nS. 10(c) inserted by No. 49/2015 s. 4(b).\n\n(c) to promote protections for customers, including in relation to assisting customers who are facing payment difficulties.\n\nS. 11 amended by Nos 62/2001 s. 70(d)(e), 25/2004 s. 4(1), repealed by No. 31/2006 s. 3.\n\n","sortOrder":24},{"sectionNumber":"Div 2","sectionType":"division","heading":"Price regulation","content":"Division 2—Price regulation\n\n","sortOrder":25},{"sectionNumber":"12","sectionType":"section","heading":"Powers in relation to price regulation","content":"\t12 Powers in relation to price regulation\n\nS. 12(1) amended by No. 62/2001 s. 70(c).\n\n(1) For the purposes of Part 3 of the **Essential Services Commission Act 2001**—\n\nS. 12(1)(a) repealed by No. 85/2001 s. 4(2).\n\nS. 12(1)(b) amended by No. 62/2001 s. 70(d).\n\n(b) the power to regulate prescribed prices in respect of prescribed goods and services is conferred on the Commission in respect of the following—\n\n(i) charges for connection to, and the use of, any distribution system;\n\nS. 12(1)(b)(ii) repealed by No. 31/2006 s. 3.\n\n(iii) tariffs for the sale of electricity regulated by Order under section 13, to the extent specified in such an Order.\n\nS. 12(2) amended by No. 62/2001 s. 70(d), repealed by No. 31/2006 s. 3.\n\n","sortOrder":26},{"sectionNumber":"13","sectionType":"section","heading":"Regulation of tariffs for prescribed customers","content":"\t13 Regulation of tariffs for prescribed customers\n\nS. 13(1) amended by No. 6/2019 s. 3(1).\n\n(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of electricity to prescribed customers or a class of prescribed customers.\n\nS. 13(1A) inserted by No. 59/2008 s. 5(1), substituted by No. 6/2019 s. 3(2).\n\n(1A) The Minister may make a recommendation under subsection (1)—\n\n(a) if, under an MCE directed retail competition review, the AEMC—\n\n(i) concludes that competition in a market for electricity is not effective; and\n\n(ii) recommends, in accordance with the MCE's written direction for that review, that price controls on prices for retail electricity services be (as the case requires) retained or reintroduced; or\n\n(b) if the Commission makes a recommendation in a report under section 10AAB of the **Essential Services Commission Act 2001** that price controls on prices for retail electricity services be (as the case requires) retained or reintroduced.\n\nS. 13(1B) inserted by No. 6/2019 s. 3(2).\n\n(1B) In addition, the Minister may make a recommendation under subsection (1) on the basis of any other information available to the Minister, including information made available to the Minister before the commencement of this subsection.\n\nS. 13(1C) inserted by No. 6/2019 s. 3(2).\n\n(1C) Before making a recommendation under subsection (1), the Minister must consult the Premier and the Treasurer.\n\n(2) Without limiting the generality of subsection (1), the manner may include—\n\n(a) fixing the tariff or the rate of increase or decrease in a tariff;\n\n(b) fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff;\n\n(c) fixing an average tariff or an average rate of increase or decrease in the average tariff;\n\n(d) specifying policies or principles for fixing tariffs;\n\n(e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;\n\n(f) specifying a tariff determined by reference to any one or more of the following—\n\n(i) a prescribed customer or a class of prescribed customers;\n\n(ii) a person or a class of persons authorised to sell electricity;\n\n(iii) the purpose for which the electricity is used;\n\n(iv) the quantity of electricity used;\n\n(v) the period of use;\n\n(vi) the place of supply;\n\n(vii) any other specified factor relevant to the sale of electricity.\n\nS. 13(2AA) inserted by No. 6/2019 s. 3(3).\n\n(2AA) Without limiting the generality of subsection (1), an Order under that subsection may—\n\n(a) prohibit or exclude any specified cost, matter or thing from being had regard to by the Commission in making a decision, including a price determination, in respect of any tariff for the sale of electricity to prescribed customers or a class of prescribed customers; and\n\n(b) regulate the offer, or the giving, of a discount or other benefit to prescribed customers or a class of prescribed customers, including—\n\n(i) the maximum amount or value of a discount or other benefit that may be offered or given to prescribed customers or a class of prescribed customers; and\n\n(ii) the periods when a discount or other benefit may be offered or given to prescribed customers or a class of prescribed customers.\n\nS. 13(2A) inserted by No. 59/2008 s. 5(2), amended by No. 6/2019 s. 3(4).\n\n(2A) Without limiting the generality of subsection (1), in determining the manner tariffs for the sale of electricity to prescribed customers or a class of prescribed customers are to be regulated, the Governor in Council may have regard to the tariffs paid or payable by the prescribed customers or a class of prescribed customers.\n\nS. 13(3) amended by Nos 62/2001 s. 70(c)(d), 75/2004 s. 6(1), substituted by No. 6/2019 s. 3(5).\n\n(3) An Order under subsection (1) may—\n\n(a) direct the Commission to make a decision, including a price determination, in respect of any factors and matters, or in accordance with any procedures, matters or bases, that are specified in the Order; and\n\n(b) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and\n\n(c) confer powers and functions on, and leave any matter to be decided by, the Commission; and\n\n(d) include saving and transitional provisions.\n\nS. 13(3A) inserted by No. 6/2019 s. 3(5).\n\n(3A) An Order under subsection (1) may—\n\n(b) differ according to differences in time, place and circumstances.\n\nS. 13(3B) inserted by No. 6/2019 s. 3(5).\n\n(3B) An Order under subsection (1) has effect according to its tenor despite anything to the contrary in any agreement or contract.\n\nS. 13(4) amended by No. 62/2001 s. 70(d), substituted by No. 75/2004 s. 6(2).\n\n(4) An Order under subsection (1) has effect as from the date specified in the Order.\n\nS. 13(4A) inserted by No. 75/2004 s. 6(2), amended by No. 6/2019 s. 3(6), repealed by No. 41/2021 s. 41.\n\n(5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of prescribed customers.\n\nS. 13(6) def. of *MCE directed retail competition review* inserted by No. 59/2008 s. 5(3).\n\n***MCE directed retail competition review*** means an MCE directed review (within the meaning of the National Electricity (Victoria) Law) under section 41(1)(d) of that Law;\n\nS. 13(6) def. of *prescribed customer* amended by No 6/2019 s. 3(7)(a).\n\n***prescribed customer*** means a person, or a member of a class of persons, to whom an Order under subsection (5) applies;\n\nS. 13(6) def. of *price determination* inserted by No. 6/2019 s. 3(7)(b).\n\n***price determination*** means a determination under section 33 of the **Essential Services Commission Act 2001**.\n\nS. 13(6) def. of *review period* inserted by No. 59/2008 s. 5(3), repealed by No. 6/2019 s. 3(7)(c).\n\nS. 13(7) amended by Nos 40/2003 s. 12, 91/2004 s. 5, 55/2007 s. 5, repealed by No. 59/2008 s. 5(4).\n\nS. 14 amended by Nos 62/2001 s. 70(c)(d), 24/2002 s. 20, repealed by No. 25/2004 s. 4(2).\n\n","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Continuation of charges relating to distribution system","content":"\t15 Continuation of charges relating to distribution system\n\n(1) This section applies if—\n\nS. 15(1)(a) amended by No. 62/2001 s. 70(c)(d).\n\n(a) the Commission has made a determination under the **Essential Services Commission Act 2001** regulating charges for connection to, and the use of, any distribution system; and\n\n(b) proceedings are commenced in respect of the determination; and\n\n(c) the determination is stayed or set aside.\n\nS. 15(2) amended by No. 62/2001 s. 70(d), repealed by No. 25/2004 s. 4(3).\n\nS. 15(3) amended by No. 62/2001 s. 70(d).\n\n(3) If the decision to stay or set aside the determination is made on or after 1 January 2001, then despite the determination being stayed or set aside and despite anything to the contrary in the Tariff Order, the provisions of the determination regulating charges for connection to, and the use of, a distribution system will apply to that distribution system on and after the date of the decision to stay or set aside the determination until a determination of the Commission is in effect regulating those charges.\n\nS. 15(4) amended by Nos 62/2001 s. 70(c), 25/2004 s. 4(4), 21/2019 s. 23(1).\n\n(4) Subsection (3) is subject to any order of the Court or VCAT under the **Essential Services Commission Act 2001** to the contrary.\n\nS. 15(5) amended by Nos 62/2001 s. 70(d), 25/2004 s. 4(5).\n\n(5) The Governor in Council may, by Order published in the Government Gazette, provide for transitional arrangements between the operation of subsection (3) and the operation of any determination of the Commission that takes effect following the determination of the proceedings.\n\nS. 15(6) amended by Nos 62/2001 s. 70(c)(d), 75/2004 s. 7.\n\n(6) An Order under subsection (5) may direct the Commission to make a decision in respect of such factors and matters or in accordance with such procedures, matters or bases as are specified in the Order, or both.\n\n(7) In this section ***proceedings***, in relation to a determination, means—\n\nS. 15(7)(a) amended by Nos 62/2001 s. 70(f), 21/2019 s. 23(2).\n\n(a) proceedings on an application for review under section 55 of the **Essential Services Commission Act** **2001** against the determination; or\n\nS. 15(7)(b) amended by No. 62/2001 s. 70(g).\n\n(b) proceedings before a Court of a kind permitted by section 62 of the **Essential Services Commission Act 2001** in respect of the determination.\n\nS. 15A inserted by No. 25/2004 s. 5 (as amended by Nos 75/2004 s. 32, 86/2004 s. 6 (as amended by No. 39/2005 s. 59)).\n\n","sortOrder":28},{"sectionNumber":"15A","sectionType":"section","heading":"New Tariff Order","content":"\t15A New Tariff Order\n\n(1) The Governor in Council may, by Order published in the Government Gazette—\n\n(a) specify pricing principles to apply to the making of any determination under the **Essential Services Commission Act 2001** regulating charges (other than charges for excluded services) for connection to, and the use of, any distribution system;\n\n(b) determine or authorise the Commission to determine under the **Essential Services Commission Act 2001** the distribution services that are to be excluded services for the purposes of a determination under the **Essential Services Commission Act 2001** regulating charges for connection to, and the use of, a distribution system;\n\n(c) specify the criteria to be complied with by the Commission in determining under the **Essential Services Commission Act 2001** the distribution services that are to be excluded services for the purposes of a determination under the **Essential Services Commission Act 2001** regulating charges for connection to, and the use of, a distribution system;\n\n(d) make provision for any matter ancillary to any matter referred to in paragraphs (a) to (c).\n\n(1A) The Commission must not determine distribution services provided through the use of a part of a distribution system that is a relevant augmentation to be excluded services if there is in force an Order under section 15E that applies to that augmentation.\n\n(1B) In subsection (1A) ***relevant augmentation*** has the same meaning as in section 15B.\n\n(2) The Governor in Council may, by Order published in the Government Gazette, amend or revoke an Order under this section.\n\nPt 2 Div. 2A (Heading) amended by No. 55/2010 s. 3.\n\nPt 2 Div. 2A (Heading and ss 15B–15E) inserted by No. 86/2004 s. 3.\n\n","sortOrder":29},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Pricing for the facilitation of the development of generation facilities","content":"Division 2A—Pricing for the facilitation of the development of generation facilities\n\nS. 15B inserted by No. 86/2004 s. 3.\n\n","sortOrder":30},{"sectionNumber":"15B","sectionType":"section","heading":"Definitions","content":"\t15B Definitions\n\n***relevant augmentation*** means an augmentation or proposed augmentation to a distribution system declared under section 15C to be a relevant augmentation;\n\n***relevant distribution system*** means a distribution system to which there is or is proposed to be a relevant augmentation;\n\nS. 15B def. of *relevant generator* amended by No. 55/2010 s. 4(1).\n\n***relevant generator*** means—\n\n(a) a generation company; or\n\n(b) a person engaging in the generation of electricity for supply or sale that has been exempted under section 17 from the requirement to hold a licence in respect of that activity.\n\nS. 15B def. of *wind energy generation facility* repealed by No. 55/2010 s. 4(2).\n\nS. 15C inserted by No. 86/2004 s. 3.\n\n","sortOrder":31},{"sectionNumber":"15C","sectionType":"section","heading":"Relevant augmentations","content":"\t15C Relevant augmentations\n\n(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, declare an augmentation or proposed augmentation to a distribution system to be a relevant augmentation.\n\nS. 15C(2) amended by No. 55/2010 s. 5.\n\n(2) Before making a recommendation under subsection (1) the Minister must be satisfied the augmentation or proposed augmentation facilitates the development and construction of a generation facility.\n\nS. 15D (Heading) amended by No. 55/2010 s. 6(1).\n\nS. 15D inserted by No. 86/2004 s. 3.\n\n","sortOrder":32},{"sectionNumber":"15D","sectionType":"section","heading":"Charging principles applicable to the connection of generation facilities to distribution systems","content":"\t15D Charging principles applicable to the connection of generation facilities to distribution systems\n\n(1) The Governor in Council may, by Order published in the Government Gazette—\n\nS. 15D(1)(a) amended by No. 55/2010 s. 6(2).\n\n(a) specify the principles to be applied by an operator of a relevant distribution system in determining connection charges for connection to, and use of, the relevant distribution system by a relevant generator in relation to electricity supplied from a generation facility operated by that generator so as to enable that operator to recover the capital costs that operator has incurred or may incur in respect of a relevant augmentation; and\n\n(b) specify the procedure for resolving disputes between an operator of a relevant distribution system and a relevant generator in relation to the application of the principles referred to in paragraph (a).\n\n(2) An Order under subsection (1) may confer powers and functions on the Commission to resolve a dispute referred to in subsection (1)(b), including the power to resolve a dispute by determining the application of the principles referred to in subsection (1)(a).\n\n(3) Section 35 of the **Essential Services Commission Act 2001** applies to the making of a determination by the Commission under an Order under subsection (1).\n\n(4) An Order under subsection (1), and a determination of the Commission made under that Order, apply despite anything to the contrary in—\n\n(a) the Tariff Order; or\n\n(b) a licence to distribute or supply electricity; or\n\n(c) a determination of the Commission made under the **Essential Services Commission Act 2001**.\n\nS. 15E inserted by No. 86/2004 s. 3.\n\n","sortOrder":33},{"sectionNumber":"15E","sectionType":"section","heading":"Pricing principles in relation to relevant distribution systems","content":"\t15E Pricing principles in relation to relevant distribution systems\n\n(1) The Governor in Council may, by Order published in the Government Gazette, specify the pricing principles to apply to the making of a determination under the **Essential Services Commission Act 2001** regulating the charges (other than charges for excluded services) for connection to, and the use of, a relevant distribution system.\n\n(2) If there is an inconsistency between an Order under subsection (1) and the Tariff Order, the Order under subsection (1) prevails to the extent of the inconsistency.\n\n","sortOrder":34},{"sectionNumber":"Div 3","sectionType":"division","heading":"Licences","content":"Division 3—Licences\n\n","sortOrder":35},{"sectionNumber":"16","sectionType":"section","heading":"Prohibition","content":"\t16 Prohibition\n\nS. 16(1) amended by Nos 62/2001 s. 70(d), 41/2021 s. 42(1), 18/2024 s. 37.\n\n(1) A person must not engage in the generation of electricity for supply or sale or the transmission or distribution of electricity or supply or sale of electricity by retail unless the person—\n\n(a) is the holder of a licence authorising the relevant activity; or\n\nS. 16(1)(b) amended by No. 33/2021 s. 4(a).\n\n(b) is exempted from the requirement to obtain a licence in respect of the relevant activity; or\n\nS. 16(1)(c) inserted by No. 33/2021 s. 4(b).\n\n(c) is the holder of a trial waiver in respect of the relevant activity.\n\nS. 16(1A) inserted by No. 41/2021 s. 42(2).\n\n(1A) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding 1000 penalty units and 100 penalty units for each day after the day on which a notice of contravention of that subsection is served on the person by the Commission.\n\nS. 16(1B) inserted by No. 41/2021 s. 42(2).\n\n(1B) Subsection (1) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**.\n\nS. 16(2) amended by Nos 25/2008 s. 19, 6/2010 s. 203(1)(Sch. 6 item 15) (as amended by No. 45/2010 s. 22).\n\n(2) This section does not prohibit the transmission, distribution or supply of electricity by and for the use of a passenger transport company within the meaning of the **Transport (Compliance and Miscellaneous) Act 1983**.\n\nS. 16(3) inserted by No. 23/2009 s. 7.\n\n(3) Subsection (1) does not apply to AEMO when it is performing a function or exercising a power under the National Electricity (Victoria) Law.\n\nS. 16(4) inserted by No. 38/2025 s. 59.\n\n(4) Subsection (1) does not apply to VicGrid when it is performing a function or exercising a power under the National Electricity (Victoria) Law as modified by or under the **National Electricity (Victoria) Act 2005**.\n\nNote to s. 16 inserted by No. 41/2021 s. 42(3).\n\nFor matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**.\n\n","sortOrder":36},{"sectionNumber":"17","sectionType":"section","heading":"Exemptions","content":"\t17 Exemptions\n\n(1) The Governor in Council may by Order in Council published in the Government Gazette exempt a person from the requirement to obtain a licence in respect of the activity specified in the Order in Council.\n\nS. 17(2) substituted by No. 3/2014 s. 4.\n\n(2) An Order under subsection (1) may—\n\n(a) be of general or specific application; and\n\n(b) differ according to differences in time, place and circumstances; and\n\n(c) apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(i) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or\n\n(ii) as amended from time to time; and\n\n(d) include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and\n\n(e) be subject to such terms, conditions and limitations as are specified in the Order; and\n\nS. 17(2)(ea)  inserted by No. 1/2017 s. 8.\n\n(ea) provide that an exemption is effective in respect of a person if the person is registered under Division 3A; and\n\n(f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and\n\n(g) include saving and transitional provisions; and\n\n(h) have effect according to its tenor despite anything to the contrary in any agreement or contract; and\n\n(i) have effect despite anything to the contrary in section 13; and\n\n(j) confer powers and functions on, and leave any matter to be decided by, the Commission.\n\nS. 17(3) repealed by No. 3/2014 s. 4.\n\nS. 17(4) amended by Nos 62/2001 s. 70(d), 75/2004 s. 8, repealed by No. 3/2014 s. 4.\n\n","sortOrder":37},{"sectionNumber":"18","sectionType":"section","heading":"Application for licence","content":"\t18 Application for licence\n\nS. 18(1) amended by No. 62/2001 s. 70(d).\n\n(1) A person may apply to the Commission for the issue of a licence authorising one or more of the following activities—\n\n(a) to generate electricity for supply or sale;\n\n(b) to transmit electricity;\n\n(c) to distribute or supply electricity;\n\n(d) to sell electricity.\n\nS. 18(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 9.\n\n(2) An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.\n\nS. 18(3) amended by No. 62/2001 s. 70(d).\n\n(3) An application must be accompanied by the application fee (if any) fixed by the Commission.\n\nS. 19 (Heading) inserted by No. 75/2004 s. 10(1).\n\n","sortOrder":38},{"sectionNumber":"19","sectionType":"section","heading":"Grant or refusal of application","content":"\t19 Grant or refusal of application\n\nS. 19(1) amended by Nos 62/2001 ss 70(d), 72, 18/2024 s. 20(1).\n\n(1) Subject to subsection (2)  the Commission may grant or refuse an application for the issue of a licence for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**.\n\nS. 19(2) amended by No. 62/2001 s. 70(d).\n\n(2) The Commission must not grant an application for the issue of a licence unless the Commission is satisfied that—\n\n(a) subject to subsection (3), in the case of an application for a licence to sell electricity, the applicant is financially viable; and\n\n(b) subject to subsection (4), the applicant has the technical capacity to comply with the conditions of the licence.\n\nS. 19(3) amended by Nos 62/2001 s. 70(d), 8/2005 s. 14(2), 35/2007 s. 6.\n\n(3) The Commission does not have to be satisfied as to the applicant's financial viability, if the applicant is applying for a licence which includes a condition requiring compliance with the National Electricity Rules and the Rules include prudential requirements.\n\nS. 19(4) amended by No. 62/2001 s. 70(d).\n\n(4) The Commission does not have to be satisfied as to the applicant's technical capacity to comply with the conditions of the licence at the time it is issued if—\n\n(a) the activities specified in the licence are not likely to be commenced to be carried out within the next following 12 months; and\n\nS. 19(4)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 10(2).\n\n(b) the application is granted subject to such conditions as are decided by the Commission relating to further approval of the applicant's technical capacity or approval of future facilities necessary for the carrying out of the activities.\n\nS. 19(5) amended by No. 62/2001 s. 70(d), repealed by No. 35/2007 s. 4, new s. 19(5) inserted by No. 18/2024 s. 20(2).\n\n(5) The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer.\n\nS. 19(5A) inserted by No. 18/2024 s. 20(2).\n\n(5A) Without limiting subsection (5), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria).\n\nS. 19(6) amended by No. 62/2001 s. 70(d).\n\n(6) The Commission must publish a notice in a daily newspaper generally circulating in Victoria—\n\nS. 19(6)(a) amended by No. 62/2001 s. 70(d).\n\n(a) specifying that an application for a licence in respect of the relevant activity has been lodged with the Commission by the person specified in the notice; and\n\nS. 19(6)(b) amended by No. 62/2001 s. 70(d).\n\n(b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.\n\nS. 19(7) amended by Nos 62/2001 s. 70(d), 75/2004 s. 10(3).\n\n(7) Subject to this section and any requirements specified in regulations made for the purposes of this section under section 119, the Commission may decide the procedures that are to apply in respect of the issue of licences.\n\nS. 19(8) amended by No. 62/2001 s. 70(d).\n\n(8) The Commission must notify an applicant in writing of its decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision.\n\n","sortOrder":39},{"sectionNumber":"20","sectionType":"section","heading":"Provisions relating to licences","content":"\t20 Provisions relating to licences\n\nS. 20(1) amended by Nos 62/2001 s. 70(d), 75/2004 s. 11.\n\n(1) A licence is to be issued for such term (if any) as is decided by the Commission and is specified in the licence.\n\nS. 20(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 11.\n\n(2) A licence is subject to such conditions as are decided by the Commission.\n\nNote to s. 20(2) inserted by No. 37/2020 s. 4.\n\nA licence is also subject to conditions deemed under this Act to be licence conditions of the licence or to which the licence is subject, including conditions specified by the Minister by Order under section 33AB(1).\n\n(3) If a licence is issued to 2 or more persons for the purpose of the carrying on by those persons of the activities authorised by the licence in partnership or as an unincorporated joint venture, the licence may include conditions relating to the carrying on of those activities in that manner.\n\nS. 20(4) inserted by No. 74/2010 s. 23.\n\n(4) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.\n\n","sortOrder":40},{"sectionNumber":"21","sectionType":"section","heading":"Specific licence conditions","content":"\t21 Specific licence conditions\n\nWithout limiting the generality of section 20, the conditions on a licence may include provisions—\n\nS. 21(a) amended by No. 62/2001 s. 70(d).\n\n(a) requiring the licensee to pay specified fees and charges in respect of the licence to the Commission;\n\n(b) requiring the licensee to enter into agreements on specified terms or on terms of a specified type;\n\n(c) requiring a retailer to have such agreements with one or more distribution companies as are necessary to ensure that, subject this Act, electricity is distributed or supplied to the extent necessary to enable the retailer to sell electricity to its customers;\n\n(d) requiring a distribution company to have such agreements with retailers as are necessary to ensure that, subject to this Act, electricity is distributed or supplied to the extent necessary to enable the retailers to sell electricity to their customers;\n\n(e) requiring a distribution company—\n\n(i) to prepare standard agreements for the purposes of paragraphs (c) and (d); and\n\nS. 21(e)(ii) amended by No. 62/2001 s. 70(d).\n\n(ii) to submit those standard agreements to the Commission for approval; and\n\nS. 21(e)(iii) amended by No. 62/2001 s. 70(d).\n\n(iii) to offer a standard agreement approved by the Commission to a retailer for the purposes of paragraphs (c) and (d);\n\n(f) subject to section 47, requiring a retailer to enter into an agreement with the State for the provision of community services;\n\n(g) requiring a distribution company to comply with requirements relating to the provision of public lighting;\n\nS. 21(h) repealed by No. 23/2009 s. 8.\n\nS. 21(i) repealed by No. 23/2009 s. 8.\n\n(j) requiring the licensee to inform customers from time to time of the arrangements in place or proposed to be in place to allow them to elect to become a customer of another licensee;\n\nS. 21(k) amended by Nos 62/2001 s. 70(d), 85/2001 s. 5.\n\n(k) requiring a licensee to give notice to customers of the existence of deemed contracts under section 39 and the methods by which those contracts may be terminated and requiring the licensee to provide for cooling-off periods approved by the Commission for the termination of those contracts;\n\nS. 21(l) amended by Nos 62/2001 s. 70(d), 75/2004 s. 12(a).\n\n(l) requiring the licensee to observe specified Orders in Council, industry codes, standards, rules and guidelines, with such modifications or exemptions as may be specified by the Commission;\n\n(m) requiring the licensee to maintain specified accounting records and to prepare accounts according to specified principles;\n\n(n) specifying requirements about the ownership of real or personal property used in or in connection with the carrying on of the activities authorised by the licence;\n\n(o) preventing the licensee from engaging in or undertaking specified business activities;\n\n(p) specifying methods or principles to be applied by the licensee in determining prices or charges;\n\n(q) specifying methods or principles to be applied in the conduct of activities authorised by the licence;\n\n(r) specifying procedures for variation or revocation of the licence;\n\n(s) specifying the procedures to apply if an administrator is appointed under section 34;\n\nS. 21(t) amended by Nos 62/2001 s. 70(d), 75/2004 s. 12(b).\n\n(t) requiring the licensee to provide, in the manner and form specified by the Commission, such information as the Commission may from time to time require;\n\n(u) requiring the licensee to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers);\n\nS. 21(ua) inserted by No. 33/2021 s. 5.\n\n(ua) relating to—\n\n(i) the generation for supply or sale of electricity by means of a stand-alone power system; or\n\n(ii) the distribution of electricity by means of a stand-alone power system; or\n\n(iii) the supply or sale of electricity generated or distributed by means of a stand-alone power system;\n\nS. 21(ub) inserted by No. 33/2021 s. 5.\n\n(ub) regulating or prohibiting where a stand-alone power system may be installed or electricity generated by means of a stand-alone power system may be distributed or supplied or sold;\n\nS. 21(v) inserted by No. 40/2003 s. 13, repealed by No. 23/2009 s. 8, new s. 21(v) inserted by No. 37/2020 s. 5.\n\n(v) specifying requirements relating to the connection of supply of electricity to premises, including timeframes for the completion of—\n\n(i) connections or classes of connections of the supply of electricity under negotiated connection contracts—\n\n(A) to premises or classes of premises; or\n\n(B) to premises or classes of premises occupied, or to be occupied, by specified customers or classes of specified customers; and\n\n(ii) specified steps for the completion of connections or classes of connections referred to in subparagraph (i) under negotiated connection contracts;\n\nS. 21(w) inserted by No. 37/2020 s. 5, amended by No. 18/2024 s. 21(1).\n\n(w) specifying requirements relating to timeframes for the completion of connections of supply of electricity to premises, including timeframes referred to in paragraph (v);\n\nS. 21(x) inserted by No. 18/2024 s. 21(2).\n\n(x) requiring a licensee who was a failed retailer or was or is an associate of a failed retailer to pay a proportion or the whole of the costs of a prior RoLR event as determined by the AER in accordance with section 170 of the National Energy Retail Law (Victoria).\n\nS. 22 amended by Nos 32/2001 s. 28(2), 62/2001 s. 70(d), substituted by Nos 62/2001 s. 73, 41/2021 s. 43.\n\n","sortOrder":41},{"sectionNumber":"22","sectionType":"section","heading":"Determination of fees and charges","content":"\t22 Determination of fees and charges\n\n(1) For the purposes of section 21(a), the Minister, after consultation with the Minister administering the **Essential Services Commission Act 2001**,  may determine, by notice published in the Government Gazette, the fees and charges specified in respect of a licence.\n\n(2) A determination of fees and charges under this section may provide for any of the following matters—\n\n(a) specific fees and charges;\n\n(b) maximum fees and charges;\n\n(c) minimum fees and charges;\n\n(d) scales of fees and charges according to the value of the services provided for the fees and charges;\n\n(e) fees and charges that vary according to different persons or classes of persons;\n\n(f) the manner of payment of fees and charges;\n\n(g) the reduction, waiver or refund, in whole or part, of the fees and charges;\n\n(h) the time or times at which fees and charges are to be paid.\n\n(3) If under subsection (2)(g) provision is made for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply—\n\n(a) either generally or specifically—\n\n(i) in respect of certain matters or transactions or classes of matters or transactions; or\n\n(ii) in respect of certain documents or classes of documents; or\n\n(iii) when an event happens; or\n\n(iv) in respect of certain persons or classes of persons; or\n\n(v) in respect of any combination of matters, transactions, documents, events or persons; and\n\n(b) subject to specified conditions or at the discretion of any specified person or body.\n\n(4) A determination under this section takes effect on the day that the notice is published in the Government Gazette under subsection (1) or on a later day specified in that notice.\n\n(5) A determination under this section ceases to have effect on whichever of the following days occurs first—\n\n(a) the day the determination is revoked;\n\n(b) the day (if any) that the notice published in the Government Gazette under subsection (1) specifies as the day on which the determination ceases to have effect;\n\n(c) the day that is 10 years after the day on which the determination took effect.\n\n","sortOrder":42},{"sectionNumber":"23","sectionType":"section","heading":"Condition restricting sale to certain customers","content":"\t23 Condition restricting sale to certain customers\n\n(1) A licence to sell electricity is deemed to include a condition prohibiting the licensee from selling electricity to persons or classes of persons specified by Order under this section for the period or periods specified in the Order in respect of those persons.\n\n(2) The Governor in Council may by Order published in the Government Gazette specify persons or classes or persons and periods for the purposes of this section.\n\n(3) An Order under subsection (2) may specify a class of persons by reference to all or any of the following—\n\nS. 23(4) amended by Nos 40/2003 s. 14, 91/2004 s. 6, 55/2007 s. 6, repealed by No. 59/2008 s. 6.\n\nS. 23A inserted by No. 10/2002 s. 3, amended by No. 65/2005 s. 26, repealed by No. 59/2008 s. 7, new s. 23A inserted by No. 49/2015 s. 5.\n\n","sortOrder":43},{"sectionNumber":"23A","sectionType":"section","heading":"Condition to give information to Commission","content":"\t23A Condition to give information to Commission\n\n(1) A licence to sell electricity is taken to include a condition requiring the licensee to comply with this section.\n\nS. 23A(2) amended by No. 41/2021 s. 44.\n\n(2) The licensee must give to the Commission, for the purpose of enabling the Commission to perform its functions under Part 6A, the information specified by the Commission in the guidelines issued under subsection (4).\n\n(3) The licensee must give to the Commission the information referred to in subsection (2) in the manner and form (including by the date or dates) specified in the guidelines issued under subsection (4).\n\n(4) The Commission must prepare and issue guidelines for the purposes of this section.\n\nNote to s. 23A inserted by No. 28/2021 s. 11.\n\nSection 116AA contains offences in relation to licensees giving information or producing documents to the Commission that are misleading in any material particular.\n\nS. 23B inserted by No. 86/2004 s. 4, repealed by No. 35/2007 s. 5, new s. 23B inserted by No. 49/2015 s. 5.\n\n","sortOrder":44},{"sectionNumber":"23B","sectionType":"section","heading":"Condition relating to advertising of enforcement action taken against licensee","content":"\t23B Condition relating to advertising of enforcement action taken against licensee\n\n(1) A licence is taken to include a condition requiring the licensee, at the direction of the Commission, to publish a notice, approved by the Commission, containing the things set out in subsection (2) in a daily newspaper generally circulating in Victoria within the period specified by the Commission.\n\n(2) A notice published under subsection (1) must contain the following things—\n\n(a) a statement that enforcement action has been taken in respect of the licensee;\n\n(b) an explanation of the nature of the enforcement action;\n\n(c) the reason for the enforcement action;\n\n(d) the status of any proceeding commenced, or action taken, in relation to the enforcement action.\n\nS. 23B(3) def. of *enforcement action* amended by No. 41/2021 s. 45.\n\n***enforcement action*** has the same meaning as in section 109A(4).\n\nS. 23C inserted by No. 49/2015 s. 5.\n\n","sortOrder":45},{"sectionNumber":"23C","sectionType":"section","heading":"Condition relating to renewable energy customers","content":"\t23C Condition relating to renewable energy customers\n\n(1) A licence to sell electricity is taken to include a condition requiring the licensee to offer to sell electricity to a renewable energy customer at the same tariffs and on the same terms and conditions that it would offer to the customer if the customer was not a renewable energy customer.\n\n(2) Nothing in subsection (1) prevents a licensee from also offering to sell renewable energy customers electricity at tariffs and on terms and conditions that the licensee only makes available to renewable energy customers.\n\n(3) This section applies despite anything to the contrary in an Order made under section 13(1).\n\n***renewable energy customer*** means—\n\n(a) a qualifying customer within the meaning of section 40F(1); or\n\n(b) a TFiT scheme customer within the meaning of section 40F(1); or\n\n(c) a relevant generator within the meaning of section 40F(1) engaging in the generation of electricity from a small renewable energy generation facility within the meaning of section 40F(1).\n\nS. 24 amended by No. 62/2001 s. 70(d), repealed by No. 11/2013 s. 3.\n\n","sortOrder":46},{"sectionNumber":"25","sectionType":"section","heading":"Condition specifying industry codes, standards, rules or guidelines","content":"\t25 Condition specifying industry codes, standards, rules or guidelines\n\nS. 25(1) amended by No. 62/2001 s. 70(d).\n\n(1) If a licence is subject to a condition of a kind referred to in section 21(l), the Commission—\n\nS. 25(1)(a) amended by No. 62/2001 s. 70(d).\n\n(a) may, in accordance with procedures specified by the Commission, amend the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, for the purposes of their application under the licence;\n\n(b) may resolve, or seek to resolve, disputes between the licensee and any other person relating to the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, as they apply under the licence.\n\nS. 25(2) amended by No. 62/2001 s. 70(d).\n\n(2) If the Commission amends an industry code, standard, rule or guideline or a document under subsection (1), the Commission may at the same time, in accordance with procedures specified by the Commission, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the licence.\n\n","sortOrder":47},{"sectionNumber":"26","sectionType":"section","heading":"Condition relating to customer-related standards, procedures, policies and practices","content":"\t26 Condition relating to customer-related standards, procedures, policies and practices\n\n(1) If a licence is subject to a condition of a kind referred to in section 21(u)—\n\nS. 26(1)(a) amended by No. 62/2001 s. 70(d).\n\n(a) the Commission must monitor the licensee's compliance with the customer-related standards, procedures, policies and practices developed by the licensee in accordance with the condition; and\n\nS. 26(1)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 13(a).\n\n(b) if the Commission considers that any of the customer-related standards, procedures, policies and practices, or compliance by the licensee with any of them, disadvantages, or may disadvantage, any class of its customers, or all of its customers, the Commission may require the licensee to modify or revoke any part of the standards, procedures, policies or practices that causes the disadvantage or possible disadvantage.\n\nS. 26(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 13(b).\n\n(2) The Commission, in making a requirement under subsection (1)(b), must have regard to the prices, risks and costs associated with or resulting from the modification or revocation which is the subject of the requirement.\n\nS. 26(3) amended by Nos 62/2001 s. 70(d), 75/2004 s. 13(b).\n\n(3) The Commission must not make a requirement under subsection (1)(b) unless the Commission has given the licensee an opportunity to make representations on the matter.\n\nS. 26(4) amended by Nos 62/2001 s. 70(h), 75/2004 s. 13(b)(c).\n\n(4) Section 35 of the **Essential Services Commission Act 2001** applies to the making of a requirement under subsection (1) as if it were a determination made by the Commission under the **Essential Services Commission Act 2001**.\n\nS. 26A inserted by No. 40/2003 s. 15, repealed by No. 23/2009 s. 9.\n\nS. 26B inserted by No. 40/2003 s. 15, repealed by No. 23/2009 s. 10.\n\nS. 27 amended by Nos 13/2001 s. 3, 62/2001 s. 70(d), 85/2001 s. 6, 25/2004 s. 6, 75/2004 s. 14, 31/2006 s. 4, repealed by No. 55/2007 s. 4.\n\n","sortOrder":48},{"sectionNumber":"28","sectionType":"section","heading":"Customer dispute resolution","content":"\t28 Customer dispute resolution\n\nS. 28(1) amended by No. 62/2001 s. 70(d).\n\n(1) A licence to—\n\n(a) distribute or supply electricity; or\n\n(b) sell electricity—\n\nmust be issued subject to a condition requiring the licensee to enter into a customer dispute resolution scheme approved by the Commission.\n\nS. 28(2) amended by No. 62/2001 s. 70(d).\n\n(2) In approving a customer dispute resolution scheme, the Commission must have regard to—\n\nS. 28(2)(a) amended by No. 62/2001 s. 70(c)(d).\n\n(a) the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**; and\n\n(b) the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to those customers using the scheme; and\n\n(c) the need to ensure that the scheme is independent of the members of the scheme; and\n\n(d) the need for the scheme to be fair and be seen to be fair; and\n\n(e) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the customers of the scheme members; and\n\n(f) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective.\n\nS. 28(3) amended by No. 62/2001 s. 70(d).\n\n(3) The Commission may, in accordance with this Part, vary any existing licence to—\n\n(a) distribute or supply electricity; or\n\n(b) sell electricity—\n\nto include a condition of a kind referred to in subsection (1).\n\n","sortOrder":49},{"sectionNumber":"29","sectionType":"section","heading":"Variation or revocation of licence","content":"\t29 Variation or revocation of licence\n\nS. 29(1) amended by No. 37/2020 s. 6(1)(a).\n\n(1) A licence or the Commission licence conditions may be varied—\n\nS. 29(1)(a) amended by No. 37/2020 s. 6(1)(b).\n\n(a) in accordance with the procedures specified in the Commission licence conditions; or\n\nS. 29(b) amended by No. 62/2001 s. 70(d).\n\n(b) by agreement between the Commission and the licensee; or\n\n(c) by a notice in accordance with subsection (2) served on the licensee.\n\nS. 29(1A) inserted by No. 10/2020 s. 6, amended by No. 37/2020 s. 6(2).\n\n(1A) A licence issued to a person who is a declared transmission system operator, or the Commission licence conditions of that licence, may be varied by the Commission in accordance with an Order under section 16Y of the **National Electricity (Victoria) Act 2005**.\n\nS. 29(2) amended by Nos 62/2001 s. 70(d), 37/2020 s. 6(3).\n\n(2) The Commission must not vary a licence or the Commission licence conditions by a notice unless—\n\nS. 29(2)(a) amended by No. 62/2001 s. 70(d).\n\n(a) the Commission is satisfied that the variation is necessary—\n\nS. 29(2)(a)(i) amended by No. 62/2001 s. 72.\n\n(i) having regard to the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**; or\n\n(ii) to give effect to Division 7; and\n\nS. 29(2)(b) amended by No. 62/2001 s. 70(d).\n\n(b) the Commission has given the licensee an opportunity to make representations on the matter.\n\nS. 29(2A) inserted by No. 37/2020 s. 6(4).\n\n(2A) The Commission may vary a licence or a Commission licence condition so that the licence or condition is not inconsistent with a deemed Ministerial licence condition to which the licence is subject.\n\nS. 29(2B) inserted by No. 37/2020 s. 6(4).\n\n(2B) Subsections (1) and (2) do not apply to a variation of a licence or Commission licence condition under subsection (2A).\n\nS. 29(3) amended by Nos 62/2001 s. 70(d), 37/2020 s. 6(5), 18/2024 s. 22.\n\n(3) Subject to sections 29AA and 29AB and Division 8, the Commission may revoke a licence in accordance with the procedures specified in Commission licence conditions.\n\nS. 29(4) inserted by No. 55/2010 s. 7.\n\n(4) In deciding whether to revoke a licence the Commission must have regard to any direction of the Minister under section 96 that is in force.\n\nS. 29(5) inserted by No. 55/2010 s. 7.\n\n(5) Anything in the procedures specified in the licence's conditions for the revocation of the licence that is inconsistent with subsection (4) is of no effect.\n\nS. 29(6) inserted by No. 37/2020 s. 6(6).\n\n***Commission licence condition*** means a condition which has been decided by the Commission under section 20 as a condition to which a licence is subject.\n\nS. 29AA inserted by No. 18/2024 s. 23.\n\n\t29AA Commission to consult AER before revoking a retail licence\n\n(1) The Commission must consult the AER before the Commission revokes a retail licence.\n\n(2) Consultation under subsection (1) must be in accordance with the regulations (if any).\n\n(3) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section.\n\nS. 29AB inserted by No. 18/2024 s. 23.\n\n\t29AB Commission to notify AER and AEMO of revocation of retail licence\n\n(1) If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any).\n\n(2) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1).\n\nS. 29A inserted by No. 49/2015 s. 6.\n\n","sortOrder":50},{"sectionNumber":"29A","sectionType":"section","heading":"Variation to licence condition—contravention of licence or Code of Practice","content":"\t29A Variation to licence condition—contravention of licence or Code of Practice\n\n(1) The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice.\n\n(2) A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take—\n\n(a) to rectify the contravention; and\n\n(b) to prevent any future contravention of the licence condition or provision of the Code of Practice.\n\n(3) The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter.\n\nS. 30 amended by No. 62/2001 s. 70(d).\n\n","sortOrder":51},{"sectionNumber":"30","sectionType":"section","heading":"Gazettal requirement","content":"\t30 Gazettal requirement\n\nThe Commission must ensure that—\n\n(a) notice of the grant of a licence including—\n\n(i) the name of the licensee;\n\n(ii) the term of the licence;\n\n(iii) the place where a copy of the licence may be inspected;\n\n(b) notice of a variation or revocation under section 29—\n\nis published in the Government Gazette as soon as possible after the grant of a licence or the variation or revocation, as the case requires.\n\n","sortOrder":52},{"sectionNumber":"31","sectionType":"section","heading":"Transfer of licence","content":"\t31 Transfer of licence\n\nS. 31(1) amended by No. 62/2001 s. 70(d).\n\n(1) The holder of a licence may apply to the Commission for approval to transfer the licence.\n\nS. 31(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 15(1).\n\n(2) An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.\n\nS. 31(3) amended by No. 62/2001 s. 70(d).\n\n(3) An application must be accompanied by the application fee (if any) fixed by the Commission.\n\nS. 31(4) amended by No. 62/2001 s. 70(d).\n\n(4) The Commission must publish in a daily newspaper generally circulating in Victoria a notice—\n\nS. 31(4)(a) amended by No. 62/2001 s. 70(d).\n\n(a) specifying that an application for the transfer of the licence has been lodged with the Commission for the transfer by the holder to a proposed transferee specified in the notice; and\n\nS. 31(4)(b) amended by No. 62/2001 s. 70(d).\n\n(b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.\n\nS. 31(5) amended by No. 62/2001 ss 70(d), 72.\n\n(5) Subject to this section, the Commission may approve, or refuse to approve, the application for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**.\n\nS. 31(6) amended by No. 62/2001 s. 70(d).\n\n(6) The Commission must not approve the application unless the Commission is satisfied that—\n\nS. 31(6)(a) amended by No. 62/2001 s. 70(d).\n\n(a) the proposed transferee has the technical capacity to comply with the conditions of the licence or the conditions as varied by the Commission under this section; and\n\n(b) subject to subsection (7), in the case of an application for the transfer of a licence to sell electricity, the proposed transferee is financially viable.\n\nS. 31(7) amended by Nos 62/2001 s. 70(d), 8/2005 s. 14(2), 35/2007 s. 6.\n\n(7) The Commission does not have to be satisfied as to the applicant's financial viability if the licence includes a condition requiring compliance with the National Electricity Rules and the Rules include prudential requirements.\n\nS. 31(8) amended by Nos 62/2001 s. 70(d), 75/2004 s. 15(2)(3).\n\n(8) The Commission may decide that, upon the transfer of the licence under this section, the conditions to which the licence is subject are varied as decided by the Commission.\n\nS. 31(9) amended by Nos 62/2001 s. 70(d), 75/2004 s. 15(2).\n\n(9) Subject to this section and any requirements specified in regulations made for the purposes of this section under section 119, the Commission may decide the procedures that are to apply in respect of the transfer of the licences.\n\nS. 31(10) amended by No. 62/2001 s. 70(d).\n\n(10) The Commission must notify an applicant in writing of its decision to approve or refuse to approve the application and, in the case of a decision to refuse to approve the application, of the reasons for its decision.\n\nS. 31(11) inserted by No. 32/2001 s. 28(3), amended by No. 62/2001 s. 70(d).\n\n(11) The Commission must ensure that notice of the approval for the transfer of a licence is published in the Government Gazette as soon as possible after the decision to approve the transfer is made.\n\nS. 32 amended by No. 62/2001 s. 70(d), repealed by No. 3/2014 s. 5.\n\nS. 33 amended by Nos 62/2001 s. 70(d), 75/2004 s. 16, 21/2012 s. 239(Sch. 6 items 15.2, 15.3), repealed by No. 3/2014 s. 5.\n\nS. 33A inserted by No. 23/2009 s. 11.\n\n","sortOrder":53},{"sectionNumber":"33A","sectionType":"section","heading":"Ministerial powers in relation to transmission company licences","content":"\t33A Ministerial powers in relation to transmission company licences\n\n(1) Despite anything to the contrary in this Division, the Minister, by Order published in the Government Gazette, may—\n\n(a) revoke a condition to which a licence to transmit electricity is subject; or\n\n(b) amend a condition to which a licence to transmit electricity is subject; or\n\n(c) revoke a licence.\n\n(2) The Minister, as soon as practicable after making an Order under subsection (1), must notify the Commission of the making of an Order.\n\nS. 33AB inserted by No. 37/2020 s. 7.\n\n\t33AB Ministerial licence conditions\n\n(1) Despite anything to the contrary in this Division but subject to sections 33AC to 33AG, the Minister, by Order published in the Government Gazette, may do any one or more of the following—\n\n(a) specify, as the Minister thinks fit, a condition to which a particular licence, or a specified class of licence, is to be subject;\n\n(b) vary, as the Minister thinks fit, a condition specified under paragraph (a);\n\n(c) revoke, as the Minister thinks fit, a condition specified under paragraph (a), including a condition that has been varied under paragraph (b).\n\n(2) In making an Order under subsection (1), the Minister—\n\n(a) must have regard to—\n\n(i) any significant costs and benefits for an affected licensee or any other person that the Minister considers are likely to arise out of the making of the Order; and\n\n(ii) any written representations made to the Minister by an affected licensee in accordance with a notice given to the affected licensee under section 33AE; and\n\n(b) may have regard to any other matter that the Minister considers relevant.\n\nS. 33AC inserted by No. 37/2020 s. 7.\n\n\t33AC Contents of Ministerial licence conditions\n\n(1) Without limiting section 33AB(1), a Ministerial licence condition may include provisions in relation to any of the following—\n\n(a) specifying requirements relating to the connection of supply of electricity to premises, including timeframes for the completion of—\n\n(i) connections or classes of connections under negotiated connection contracts of the supply of electricity—\n\n(A) to premises or classes of premises; or\n\n(B) to premises or classes of premises occupied, or to be occupied, by specified customers or classes of specified customers; and\n\n(ii) specified steps for the completion of connections or classes of connections referred to in subparagraph (i) under negotiated connection contracts;\n\n(b) specifying requirements relating to timeframes for the completion of connections of supply of electricity to premises, including timeframes referred to in paragraph (a);\n\n(c) a matter for which a licence condition may include provisions under section 21 (except section 21(a), (r) and (s)) (the ***applied provisions***).\n\n(2) For the purposes of subsection (1)(c), a reference in the applied provisions to the Commission is to be read as a reference to the Commission or the Minister.\n\n(3) In addition, a Ministerial licence condition may—\n\n(b) differ according to differences in time, place and circumstances;\n\n(c) apply, adopt or incorporate wholly or partially or as amended by the Ministerial licence condition, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(i) as formulated, issued, prescribed or published at the time the Ministerial licence condition takes effect or at any time before the Ministerial licence condition takes effect; or\n\n(ii) as amended from time to time;\n\n(d) confer powers and functions on, and leave any matter to be decided by, the Commission.\n\nS. 33AD inserted by No. 37/2020 s. 7.\n\n\t33AD Consultation with Ministers\n\nBefore making an Order under section 33AB(1), the Minister must consult—\n\n(a) the Premier; and\n\n(b) the Treasurer; and\n\n(c) the Minister administering the **Essential Services Commission Act 2001**, if the Minister is not the Premier or Treasurer.\n\nS. 33AE inserted by No. 37/2020 s. 7.\n\n\t33AE Consultation with affected licensees in certain cases\n\n(1) Before making an Order pursuant to section 33AB(1)(a) or (b), the Minister must give an affected licensee notice of the Minister's intention to make the Order.\n\n(2) For the purposes of subsection (1), a notice under that subsection must, as the case requires—\n\n(a) set out the condition which is proposed to be specified under the Order as the condition to which the licence held by the affected licensee is to be subject; or\n\n(b) set out the variation proposed under the Order to the Ministerial licence condition to which the licence held by the affected licensee is subject.\n\n(3) In addition, a notice under subsection (1) must state that the affected licensee may make written representations on the matter within—\n\n(a) the period specified in the notice (which must not be less than 14 days after the affected licensee is given notice in accordance with this section); or\n\n(b) any other period that the Minister and the affected licensee agree on.\n\n(4) For the purposes of this section, notice is to be given to an affected licensee as follows—\n\n(a) by notice published in the Government Gazette or in writing to the affected licensee, if the Minister is proposing to make an Order under section 33AB(1) that—\n\n(i) specifies a condition to which a specified class of licence is to be subject and the affected licensee is a holder of a licence of that class; or\n\n(ii) varies a Ministerial licence condition to which a specified class of licence is subject and the affected licensee is a holder of a licence of that class;\n\n(b) in writing to the affected licensee, if the Minister is proposing to make an Order under section 33AB(1) that—\n\n(i) specifies a condition to which only the licence held by the affected licensee is to be subject; or\n\n(ii) varies a Ministerial licence condition to which only the licence held by the affected licensee is subject.\n\nS. 33AF inserted by No. 37/2020 s. 7.\n\n\t33AF Notification of the Commission\n\nThe Minister must give the Commission a copy of a notice under section 33AE as soon as practicable after the notice is given to an affected licensee under that section.\n\nS. 33AG inserted by No. 37/2020 s. 7.\n\n\t33AG No consultation for proposed Order in certain cases\n\nSections 33AD and 33AE do not apply if the Order that the Minister proposes under section 33AB(1) is an Order—\n\n(a) to vary a Ministerial licence condition to correct a clerical mistake or an error arising from an accidental slip or omission; or\n\n(b) to revoke a Ministerial licence condition.\n\nS. 33AH inserted by No. 37/2020 s. 7.\n\n\t33AH Minister to notify Commission of making of Order under section 33AB(1)\n\nThe Minister, as soon as practicable after making an Order under section 33AB(1), must notify the Commission of the making of the Order.\n\nS. 33AI inserted by No. 37/2020 s. 7.\n\n\t33AI Licences are taken to be subject to Ministerial licence conditions\n\n(1) A licence is taken to be subject to an applicable Ministerial licence condition on—\n\n(a) the day on which the Order under which the applicable Ministerial licence condition is specified (the ***applicable Order***) is published in the Government Gazette; or\n\n(b) if the applicable Order specifies a day after the day on which the applicable Order is published in the Government Gazette as the day on which the licence is to be subject to the condition—that day.\n\n(2) A licence is taken to be subject to an applicable Ministerial licence condition as varied under an Order under section 33AB(1) on—\n\n(a) the day on which the Order under which the applicable Ministerial licence condition is varied (the ***applicable Order***) is published in the Government Gazette; or\n\n(b) if the applicable Order specifies a day after the day on which the Order is published in the Government Gazette as the day on which the applicable Ministerial licence condition is varied—that day.\n\nS. 33AJ inserted by No. 37/2020 s. 7.\n\n\t33AJ Inconsistency between Ministerial licence conditions and Commission licence conditions\n\nA condition decided by the Commission under section 20 as a condition to which a licence is subject, or a provision of an instrument made by the Commission that applies to a licensee under a condition to which the licensee's licence is subject, is of no effect to the extent that the condition or instrument is inconsistent with a deemed Ministerial licence condition.\n\nPt 2 Div. 3A  (Heading and ss 33B–33F)  inserted by No. 1/2017 s. 9.\n\n","sortOrder":54},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Register of Exempt Persons","content":"Division 3A—Register of Exempt Persons\n\nS. 33B  inserted by No. 1/2017 s. 9.\n\n","sortOrder":55},{"sectionNumber":"33B","sectionType":"section","heading":"Definitions","content":"\t33B Definitions\n\n***exemption*** means an exemption under an Order made under section 17;\n\n***relevant exempt person*** means a person who, because of an Order made under section 17, will be exempt from a requirement to obtain a licence to undertake any of the following activities when the person is registered in the Register of Exempt Persons—\n\n(a) the generation of electricity for supply or sale;\n\n(b) the transmission of electricity;\n\n(c) the distribution or supply of electricity;\n\n(d) the sale of electricity;\n\n***required details*** means the details required under section 33C(2).\n\nAn Order made under section 17 may also exempt a person from a requirement to obtain a licence to undertake the generation of electricity for supply or sale, the transmission of electricity, the distribution or supply of electricity, or the sale of electricity without requiring the person to be registered in the Register of Exempt Persons.\n\nS. 33C  inserted by No. 1/2017 s. 9.\n\n","sortOrder":56},{"sectionNumber":"33C","sectionType":"section","heading":"Register of Exempt Persons","content":"\t33C Register of Exempt Persons\n\n(1) The Commission must establish and maintain a register of relevant exempt persons (the ***Register of Exempt Persons***).\n\n(2) The Commission must enter the following details in the Register of Exempt Persons in respect of every relevant exempt person registered under section 33E (a ***registered person***)—\n\n(a) the name of the registered person;\n\n(b) the activity the registered person undertakes under an exemption;\n\n(c) the date from which the exemption applying to the registered person is in force;\n\n(d) whether the exemption applying to the registered person is in force;\n\n(e) the prescribed particulars (if any).\n\n(3) The Register of Exempt Persons may contain any other information the Commission considers appropriate.\n\n(4) The Register of Exempt Persons is to be kept in the form and manner determined by the Commission.\n\nS. 33D  inserted by No. 1/2017 s. 9.\n\n","sortOrder":57},{"sectionNumber":"33D","sectionType":"section","heading":"Application for registration in Register of Exempt Persons","content":"\t33D Application for registration in Register of Exempt Persons\n\n(1) A relevant exempt person may apply to the Commission to be registered in the Register of Exempt Persons.\n\n(2) An application must—\n\n(a) be in writing in the form approved by the Commission; and\n\n(b) contain the information required by the Commission.\n\nS. 33E  inserted by No. 1/2017 s. 9.\n\n","sortOrder":58},{"sectionNumber":"33E","sectionType":"section","heading":"Registration","content":"\t33E Registration\n\n(1) On receiving an application under section 33D, the Commission must—\n\n(a) register the relevant exempt person in the Register of Exempt Persons; and\n\n(b) enter the required details in the Register of Exempt Persons.\n\n(2) Registration of a relevant exempt person under this section takes effect when the Commission enters the required details in the Register of Exempt Persons.\n\nS. 33F  inserted by No. 1/2017 s. 9.\n\n","sortOrder":59},{"sectionNumber":"33F","sectionType":"section","heading":"Public availability of Register of Exempt Persons","content":"\t33F Public availability of Register of Exempt Persons\n\nThe Commission must make the required details kept in the Register of Exempt Persons publicly available on its Internet site, free of charge.\n\n","sortOrder":60},{"sectionNumber":"Div 4","sectionType":"division","heading":"Appointment of administrator","content":"Division 4—Appointment of administrator\n\n","sortOrder":61},{"sectionNumber":"34","sectionType":"section","heading":"Appointment of administrator","content":"\t34 Appointment of administrator\n\nS. 34(1) amended by No. 62/2001 s. 70(d).\n\n(1) This section applies if the Commission considers that—\n\n(a) the contravention by a licensee of the licence conditions threatens the security of electricity supply; and\n\n(b) any other remedies to enforce compliance are not adequate.\n\nS. 34(2) amended by No. 62/2001 s. 70(d).\n\n(2) The Commission may appoint an administrator to the business in respect of which the licence is issued.\n\n(3) The administrator has such functions and powers in relation to the business in respect of which the licence is issued as are specified in the appointment of the administrator.\n\nS. 34(4) amended by No. 62/2001 s. 70(d).\n\n(4) Unless sooner revoked by the Commission, the appointment of an administrator has effect for a period of 28 days but the appointment may be renewed for a further period or periods, each period not exceeding 28 days.\n\nS. 34(5) amended by Nos 62/2001 s. 70(d), 75/2004 s. 17.\n\n(5) The terms and conditions (including remuneration) of appointment of the administrator are to be decided by the Commission.\n\nS. 34A inserted by No. 51/2012 s. 3.\n\n","sortOrder":62},{"sectionNumber":"34A","sectionType":"section","heading":"Corporations Act displacement","content":"\t34A Corporations Act displacement\n\nThis Division is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n\n","sortOrder":63},{"sectionNumber":"Div 5","sectionType":"division","heading":"Terms and conditions","content":"Division 5—Terms and conditions  \nof sale and supply of electricity\n\nS. 35 (Heading) inserted by No. 59/2008 s. 8(1).\n\n","sortOrder":64},{"sectionNumber":"35","sectionType":"section","heading":"Offer to domestic or small business customers (licensee standing offers)","content":"\t35 Offer to domestic or small business customers (licensee standing offers)\n\nS. 35(1) amended by No. 6/2019 s. 4(1).\n\n(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to offer to supply and sell electricity to domestic or small business customers, subject to this section and to any Order in force under section 13 or a price determination in force under such an Order and to the conditions of its licence—\n\nS. 35(1)(a) amended by No. 55/2007 s. 12, substituted by No. 28/2021 s. 14.\n\n(a) at tariffs fixed under an Order in force under section 13 or determined under a price determination in force under such an Order or, if there are no such tariffs, at tariffs determined by the licensee and published by the licensee in the Government Gazette at least one month before they take effect; and\n\nS. 35(1)(b) amended by Nos 62/2001 s. 70(d), 55/2007 s. 12.\n\n(b) on terms and conditions determined by the licensee and approved by the Commission and published by the licensee in the Government Gazette at least one month before they take effect.\n\nS. 35(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 18, substituted by No. 39/2005 s. 55(1), amended by No. 41/2021 s. 46.\n\n(2) The terms and conditions determined by the licensee for the purposes of subsection (1) must not be inconsistent with the terms and conditions decided by the Commission under section 36(1) or a provision of a Code of Practice.\n\nS. 35(3) amended by Nos 55/2007 s. 12, 59/2008 s. 8(2), 49/2015 s. 7(1), 6/2019 s. 4(2).\n\n(3) Subject to subsections (3A) and (3E) to (3G) and to any Order in force under section 13 or a price determination in force under such an Order, the tariffs determined by a licensee and published in the Government Gazette under subsection (1) may be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.\n\nS. 35(3A) inserted by No. 59/2008 s. 8(3), substituted by No. 6/2019 s. 4(3).\n\n(3A) Subject to subsection (3AB), a licensee must not vary tariffs under subsection (3) that have been in effect for less than—\n\n(a) the period (not exceeding 12 months) determined by the Commission; or\n\n(b) if no period is determined under paragraph (a)—6 months.\n\nS. 35(3AB) inserted by No. 6/2019 s. 4(3).\n\n(3AB) Subsection (3A) does not apply if—\n\n(a) the variation is necessary to comply with an Order in force under section 13 or a price determination in force under such an Order; or\n\nS. 35(3AB)(ab) inserted by No. 28/2020 s. 7(1).\n\n(ab) the variation is necessary to comply with an Order in force under subsection (3AC); or\n\n(b) the Commission, being satisfied that there are special circumstances, exempts the licensee from compliance with that subsection.\n\nS. 35(3AC) inserted by No. 28/2020 s. 7(2).\n\n(3AC) The Minister, by Order published in the Government Gazette, may, as a consequence of the enactment of Division 6A of Part 3 of the **National Electricity (Victoria) Act 2005** and any variations made to an applicable 2016–2020 distribution determination under that Division—\n\n(a) direct a licensee to vary tariffs under subsection (3) as specified under the Order; and\n\n(b) specify the period within which the tariffs must be varied.\n\nS. 35(3AD) inserted by No. 28/2020 s. 7(2).\n\n(3AD) Without limiting subsection (3AC)(a), a direction under an Order under subsection (3AC) may specify principles, a formula or methodology in accordance with which tariffs must be varied.\n\nS. 35(3B) inserted by No. 49/2015 s. 7(2).\n\n(3B) The Minister, by Order published in the Government Gazette, may specify either or both of the following—\n\n(a) a date on which, or period within which, licensees may publish a notice referred to in subsection (3);\n\n(b) a date on which, or period within which, tariffs varied in accordance with subsection (3) must take effect.\n\nS. 35(3C) inserted by No. 49/2015 s. 7(2).\n\n(3C) A date specified in an Order made in the exercise of the power under subsection (3B)(b) may be a date that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.\n\nS. 35(3D) inserted by No. 49/2015 s. 7(2).\n\n(3D) A period specified in an Order made in the exercise of the power under subsection (3B)(b) may end on a day that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.\n\nS. 35(3E) inserted by No. 49/2015 s. 7(2).\n\n(3E) If an Order made in the exercise of the power under subsection (3B)(a) is in effect, a licensee must not vary the tariffs under subsection (3) unless the notice referred to in subsection (3) is published on the date or within the period specified in the Order (as the case requires).\n\nS. 35(3F) inserted by No. 49/2015 s. 7(2).\n\n(3F) If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a date on which tariffs varied in accordance with subsection (3) must take effect, the tariffs take effect on the date specified in the Order.\n\nS. 35(3G) inserted by No. 49/2015 s. 7(2).\n\n(3G) If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a period within which tariffs varied in accordance with subsection (3) must take effect and the date specified in a notice under subsection (3) is within that period, the tariffs take effect on that date.\n\nS. 35(4) amended by Nos 62/2001 s. 70(d), 59/2008 s. 8(4).\n\n(4) The terms and conditions determined by a licensee and published in the Government Gazette under subsection (1) may, with the approval of the Commission, be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.\n\nS. 35(4A) inserted by No. 91/2004 s. 7(1).\n\n(4A) A person who is a domestic or small business customer may accept an offer by a licensee under this section even if the person was previously a party to a contract for the supply or sale of electricity on different terms and conditions with the same licensee or another licensee.\n\n(5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a domestic or small business customer or class of domestic or small business customers.\n\n(6) An Order under subsection (5) may specify a class of persons by reference to all or any of the following—\n\nS. 35(7) amended by Nos 62/2001 s. 70(d), 75/2004 s. 18.\n\n(7) An Order under subsection (5) may confer powers and functions on, and leave any matter to be decided by, the Commission.\n\nS. 35(7A) inserted by No. 30/2003 s. 85, substituted by Nos 106/2003 s. 22(1), 72/2010 s. 48(Sch. item 8(1)).\n\n(7A) Section 81 of the Australian Consumer Law (Victoria) does not apply to the amendment of an agreement for the sale and supply of electricity that is the result of a variation under subsection (3) or (4) if the agreement is an unsolicited consumer agreement.\n\nS. 35(7B) inserted by No. 106/2003 s. 22(1), amended by No. 72/2010 s. 48(Sch. item 8(3)).\n\n(7B) Sections 78(2), 83, 84 and 85 of the Australian Consumer Law (Victoria) do not apply to a contract for the supply or sale of electricity to a domestic or small business customer.\n\nS. 35(7C) inserted by No. 106/2003 s. 22(1), amended by No. 72/2010 s. 48(Sch. item 8(4)).\n\n(7C) Section 82 of the Australian Consumer Law (Victoria) does not apply to a contract for the supply or sale of electricity to a domestic or small business customer unless the terms and conditions determined for the purpose of subsection (1) (in compliance with subsection (2)) require the inclusion of a cooling-off period in that contract.\n\nS. 35(7D) inserted by No. 106/2003 s. 22(1), amended by No. 72/2010 s. 48(Sch. item 8(5)).\n\n(7D) If section 82(3)(b) of the Australian Consumer Law (Victoria) applies to a contract for the supply or sale of electricity to a domestic or small business customer then, for the purposes of that subsection, the domestic or small business customer is deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer.\n\n(8) In this section—\n\nS. 35(8) def. of *applicable 2016–2020 distribution determination* inserted by No. 28/2020 s. 7(3).\n\n***applicable 2016–2020 distribution determination*** has the same meaning as in section 16VA(1) of the **National Electricity (Victoria) Act 2005**;\n\nS. 35(8) def. of *cooling-off period* inserted by No. 106/2003 s. 22(2), amended by Nos 59/2008 s. 8(5)(a), 72/2010 s. 48(Sch. item 8(2)(a)).\n\n***cooling-off period*** means a period within which a person is entitled under a contract to cancel the contract;\n\nS. 35(8) def. of *domestic or small business customer* repealed by No. 59/2008 s. 8(5)(b).\n\nS. 35(8) def. of *price determination* inserted by No. 6/2019 s. 4(4).\n\n***price determination*** means a determination under section 33 of the **Essential Services Commission Act 2001**;\n\nS. 35(8) def. of *unsolicited consumer agreement* inserted by No. 72/2010 s. 48(Sch. item 8(2)(b)).\n\n***unsolicited consumer agreement*** has the same meaning as in section 69 of the Australian Consumer Law (Victoria).\n\nS. 35(9) amended by Nos 40/2003 s. 16, 91/2004 s. 7(2), 55/2007 s. 7, repealed by No. 59/2008 s. 8(6).\n\nS. 35A inserted by No. 59/2008 s. 9, amended by No. 3/2014 s. 6(a).\n\n","sortOrder":65},{"sectionNumber":"35A","sectionType":"section","heading":"Licensee standing offer tariffs to be given to Commission","content":"\t35A Licensee standing offer tariffs to be given to Commission\n\nWithout limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee—\n\nS. 35A(a) substituted by No. 3/2014 s. 6(b).\n\n(a) to, as soon as practicable after the licensee publishes tariffs in accordance with section 35, input those tariffs into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and\n\nS. 35A(b) substituted by No. 3/2014 s. 6(b).\n\n(b) if an Internet site has not been nominated by the Minister for the purposes of paragraph (a), to, on the same day the licensee publishes tariffs in accordance with section 35—\n\n(i) give a copy of those tariffs to the Commission; and\n\n(ii) inform the Commission, in writing, of the day those tariffs take effect.\n\nS. 35B inserted by No. 59/2008 s. 9, substituted by No. 3/2014 s. 7.\n\n","sortOrder":66},{"sectionNumber":"35B","sectionType":"section","heading":"Commission must publish on Internet licensee standing offer tariffs","content":"\t35B Commission must publish on Internet licensee standing offer tariffs\n\nThe Commission must publish on its Internet site tariffs it is given under section 35A(b) on the day those tariffs take effect.\n\nS. 35C inserted by No. 59/2008 s. 9.\n\n","sortOrder":67},{"sectionNumber":"35C","sectionType":"section","heading":"Internet publication and bill notification of licensee standing offers","content":"\t35C Internet publication and bill notification of licensee standing offers\n\n(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to—\n\n(a) publish, in accordance with guidelines issued under subsection (2), on the licensee's Internet site details of licensee standing offers that are in effect; and\n\nS. 35C(1)(b) amended by No. 57/2009 s. 3.\n\n(b) notify, in writing, a domestic or small business customer of the licensee standing offer that is in effect and that applies to electricity sold to that customer at any time before or in or with the customer's first electricity bill after that licensee standing offer has taken effect.\n\n(2) The Commission must prepare and issue guidelines for the purposes of this section specifying—\n\n(a) the manner of publication of details of licensee standing offers that are in effect, including the accessibility of those licensee standing offers on a licensee's Internet site; and\n\n(b) the nature of the details to be published; and\n\n(c) any other matters that the Commission considers relevant.\n\nS. 35D (Heading) amended by No. 49/2015 s. 8(1).\n\nS. 35D inserted by No. 59/2008 s. 9.\n\n","sortOrder":68},{"sectionNumber":"35D","sectionType":"section","heading":"Required tariff information and licensee contact information to be published in newspaper and Government Gazette","content":"\t35D Required tariff information and licensee contact information to be published in newspaper and Government Gazette\n\nS. 35D(1) amended by No. 49/2015 s. 8(2).\n\n(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to, on the required day, publish in a newspaper circulating generally throughout Victoria and in the Government Gazette—\n\n(a) required tariff information; and\n\n(b) the licensee's contact information.\n\n***licensee's contact information***  means all of the following information—\n\n(a) the licensee's telephone number;\n\n(b) the licensee's fax number;\n\n(c) the licensee's postal address;\n\n(d) the Internet address of the licensee's Internet site;\n\n***required day*** means the day the licensee varies a tariff or tariffs for the supply and sale of electricity by notice published in the Government Gazette in accordance with section 35(3);\n\n***required tariff information*** means—\n\n(a) tariff variation information; and\n\n(b) the date a tariff or tariffs varied in accordance with section 35(3) takes or take effect; and\n\n(c) a description of the tariff or tariffs referred to in paragraph (b); and\n\n(d) the main reasons for the variation of a tariff or tariffs referred to in paragraph (b);\n\nS. 35D def. of *tariff variation information* amended by No. 28/2021 s. 15.\n\n***tariff variation information*** means—\n\n(a) in the case of a single tariff for the supply and sale of electricity determined by a licensee under section 35(1)(a) that is varied in accordance with section 35(3), the weighted tariff variation relating to that tariff determined in accordance with an Order under section 35E;\n\n(b) in the case where more than one tariff for the supply and sale of electricity determined by a licensee under section 35(1)(a) is varied in accordance with section 35(3) at the same time in accordance with section 35, the weighted tariff variation relating to those tariffs determined in accordance with an Order under section 35E.\n\nS. 35E inserted by No. 59/2008 s. 9.\n\n","sortOrder":69},{"sectionNumber":"35E","sectionType":"section","heading":"Order specifying method and variables to be used to determine weighted tariff variation","content":"\t35E Order specifying method and variables to be used to determine weighted tariff variation\n\nThe Governor in Council, by Order published in the Government Gazette, may specify the method and variables to be used to determine the weighted tariff variation for the purposes of paragraphs (a) and (b) of the definition of ***tariff variation*** ***information*** in section 35D(2).\n\n","sortOrder":70},{"sectionNumber":"36","sectionType":"section","heading":"Terms and conditions of contracts for sale of electricity to certain customers","content":"\t36 Terms and conditions of contracts for sale of electricity to certain customers\n\nS. 36(1) amended by No. 37/2020 s. 8(1).\n\n(1) Subject to subsection (1B), a term or condition in a contract for the supply or sale of electricity by a licensee to a relevant customer (whether entered into before or after the commencement of this section) is void to the extent that it is inconsistent with—\n\nS. 36(1)(a) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19.\n\n(a) terms and conditions decided by the Commission that—\n\n(i) specify the circumstances in which the supply of electricity to premises may be disconnected; and\n\nS. 36(1)(a)(ii) amended by No. 62/2001 s. 70(d).\n\n(ii) require the licensee to provide information specified by the Commission about the rights and entitlements of customers; and\n\n(iii) specify the circumstances in which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and\n\nS. 36(1)(a)(iiia) inserted by No. 6/2019 s. 5.\n\n(iiia) specify the circumstances in which the licensee may, or must not, offer or give a discount or other benefit to a relevant customer, including—\n\n(A) the maximum amount or value of a discount or other benefit that may be offered or given to a relevant customer; and\n\n(B) the periods when a discount or other benefit may be offered or given to a relevant customer; and\n\nS. 36(1)(a)(iiib) inserted by No. 6/2019 s. 5.\n\n(iiib) specify a period during which the licensee must not vary the tariffs applying under the contract unless exempted to do so by the Commission; and\n\n(iv) make provision for confidentiality of customer information; and\n\nS. 36(1)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19, 41/2021 s. 47(1)(a).\n\n(b) any other terms and conditions decided by the Commission and provided for in the licence of the licensee; and\n\nS. 36(1)(c) inserted by No. 41/2021 s. 47(1)(b).\n\n(c) a provision of a Code of Practice.\n\nS. 36(1A) inserted by No. 91/2004 s. 8(1).\n\n(1A) In deciding terms and conditions that specify the circumstances in which the supply of electricity to premises may be disconnected, the Commission must have regard to—\n\n(a) the essential nature of the electricity supply; and\n\n(b) community expectations that ongoing access to electricity supply will be available; and\n\n(c) the principle that the electricity supply to premises should only be disconnected as a last resort.\n\nS. 36(1AB) inserted by No. 41/2021 s. 47(2).\n\n(1AB) The Commission must not decide a term or condition under subsection (1)(a) or (b) that is inconsistent with—\n\n(a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or\n\n(b) a provision of a Code of Practice.\n\nS. 36(1B) inserted by No. 37/2020 s. 8(2), substituted by No. 41/2021 s. 47(3).\n\n(1B) A term or condition referred to in subsection (1)(a) or (b) is of no effect to the extent that it is inconsistent with—\n\n(a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or\n\n(b) a provision of a Code of Practice.\n\n(2) If a term or condition of a contract is void pursuant to subsection (1) because of an inconsistency with a term or condition referred to in subsection (1)(a) or (b), that term or condition referred to in subsection (1)(a) or (b) is deemed to form part of that contract in place of the void term or condition.\n\n(3) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers.\n\n(4) An Order under subsection (3) may specify a class of persons by reference to all or any of the following—\n\nS. 36(5) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19.\n\n(5) An Order under subsection (3) may confer powers and functions on, and leave any matter to be decided by, the Commission.\n\nS. 36(5A) inserted by No. 106/2003 s. 22(3), amended by No. 72/2010 s. 48(Sch. item 8(6)).\n\n(5A) Sections 78(2), 83, 84 and 85 of the Australian Consumer Law (Victoria) do not apply to a contract for the supply or sale of electricity to a relevant customer.\n\nS. 36(5B) inserted by No. 106/2003 s. 22(3), amended by Nos 75/2004 s. 19, 72/2010 s. 48(Sch. item 8(7)).\n\n(5B) Section 82 of the Australian Consumer Law (Victoria) does not apply to a contract for the supply or sale of electricity to a relevant customer unless the terms and conditions decided for the purpose of subsection (1) require the inclusion of a cooling-off period in that contract.\n\nS. 36(5C) inserted by No. 106/2003 s. 22(3), amended by No. 72/2010 s. 48(Sch. item 8(8)).\n\n(5C) If section 82(3)(b) of the Australian Consumer Law (Victoria) applies to a contract for the supply or sale of electricity to a relevant customer then, for the purposes of that subsection, the relevant customer is deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer.\n\nS. 36(6) def. of *cooling-off period* inserted by No. 106/2003 s. 22(4).\n\n***cooling-off period*** means a period within which a person is entitled under a contract to cancel the contract;\n\n***relevant customer*** means a person, or a member of a class of persons, to whom an Order under subsection (3) applies.\n\nS. 36(7) amended by Nos 40/2003 s. 17, 91/2004 s. 8(2), 55/2007 s. 8, repealed by No. 59/2008 s. 10.\n\nS. 36A (Heading) amended by No. 59/2008 s. 11(1).\n\nS. 36A inserted by No. 91/2004 s. 9.\n\n","sortOrder":71},{"sectionNumber":"36A","sectionType":"section","heading":"Publication of tariffs, terms and conditions of sale of electricity (relevant published offers)","content":"\t36A Publication of tariffs, terms and conditions of sale of electricity (relevant published offers)\n\nS. 36A(1) substituted by No. 59/2008 s. 11(2).\n\n(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity issued to a specified retailer is subject include a condition requiring the specified retailer in specified circumstances—\n\n(a) to publish on its Internet site, in accordance with this section, details of the tariffs and terms and conditions on which that retailer sells electricity to small retail customers; and\n\nS. 36A(1)(b) substituted by No. 3/2014 s. 8(1).\n\n(b) to, as soon as practicable after details of the tariffs, terms and conditions are published in accordance with paragraph (a), input those details into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and\n\nS. 36A(1)(c) inserted by No. 3/2014 s. 8(1).\n\n(c) if an Internet site has not been nominated by the Minister for the purposes of paragraph (b), to, on the same day the retailer publishes the details of the tariffs, terms and conditions in accordance with paragraph (a), give a copy of those details to the Commission.\n\nS. 36A(1A) inserted by No. 59/2008 s. 11(2), amended by No. 3/2014 s. 8(2).\n\n(1A) The Commission must publish on its Internet site the details of the tariffs, terms and conditions it receives under subsection (1)(c) as soon as practicable after receiving those details.\n\n(2) The Commission must prepare and issue guidelines for the purposes of this section specifying—\n\nS. 36A(2)(a) amended by No. 59/2008 s. 11(3).\n\n(a) the manner of publication of the tariffs and terms and conditions, including the accessibility of the details of those tariffs and terms and conditions on a specified retailer's Internet site; and\n\n(b) the nature of the details to be published; and\n\n(c) any other matters that the Commission considers relevant.\n\n(3) A specified retailer must comply with the guidelines issued under subsection (2) when complying with the licence condition in subsection (1).\n\n(4) This section does not apply to tariffs and terms and conditions published under section 35.\n\nS. 36A(5) repealed by No. 59/2008 s. 11(4).\n\nS. 36A(6) amended by No. 55/2007 s. 9, repealed by No. 59/2008 s. 11(4).\n\nS. 37 amended by No. 40/2003 s. 18, substituted by No. 91/2004 s. 10.\n\n","sortOrder":72},{"sectionNumber":"37","sectionType":"section","heading":"Deemed contracts with former franchise customers","content":"\t37 Deemed contracts with former franchise customers\n\n(1) If a person—\n\n(a) was a franchise customer within the meaning of the **Electricity Industry Act 1993** immediately before 1 January 2001; and\n\n(b) has not entered into a new contract with a licensee which takes effect on or after that date—\n\nthere is deemed to be a contract between that person and the licensee of which the person was a customer immediately before that date for the supply and sale of electricity at the tariffs and on the terms and conditions determined and published by that licensee under section 35.\n\n(2) The deemed contract continues until—\n\n(a) the contract is terminated; or\n\n(b) if the customer enters into a new contract for the purchase of electricity from the licensee in respect of the same premises, on the date of taking effect of that new contract—\n\nS. 37(3) amended by No. 55/2007 s. 10, repealed by No. 59/2008 s. 12.\n\nS. 38 amended by Nos 62/2001 s. 70(d), 75/2004 s. 20, repealed by No. 91/2004 s. 11.\n\nS. 39 amended by No. 13/2001 s. 4(1), substituted by No. 85/2001 s. 7.\n\n","sortOrder":73},{"sectionNumber":"39","sectionType":"section","heading":"Deemed contracts for supply and sale for relevant customers","content":"\t39 Deemed contracts for supply and sale for relevant customers\n\n(1) If a relevant customer commences to take supply of electricity at premises from the relevant licensee without having entered into a supply and sale contract with that licensee, there is deemed, on the commencement of that supply, to be a contract between that licensee and that customer for the supply and sale of electricity—\n\nS. 39(1)(a) substituted by No. 91/2004 s. 12(1).\n\n(a) at the tariffs and on the terms and conditions determined and published by that licensee under section 35; and\n\nS. 39(1)(b) amended by No. 75/2004 s. 21(1).\n\n(b) on the conditions decided and provided for by the Commission under subsection (5).\n\n(2) If a relevant customer—\n\n(a) commences to take supply of electricity at premises under a supply and sale contract with the relevant licensee; and\n\n(b) that customer cancels the supply and sale contract within the cooling-off period relating to the contract; and\n\n(c) that customer continues to take electricity from that licensee without entering into a further supply and sale contract with that licensee—\n\nthere is deemed, on the cancellation of the supply and sale contract, to be a contract between that licensee and that customer for the supply and sale of electricity—\n\nS. 39(2)(d) substituted by No. 91/2004 s. 12(2).\n\n(d) at the tariffs and on the terms and conditions determined and published by that licensee under section 35; and\n\nS. 39(2)(e) amended by No. 75/2004 s. 21(1).\n\n(e) on the conditions decided and provided for by the Commission under subsection (5).\n\n(3) A deemed contract under subsection (2) is deemed to commence on the commencement of supply referred to in subsection (2)(a).\n\nS. 39(4) substituted by No. 72/2010 s. 48(Sch. item 8(9)).\n\n(4) If a supply and sale contract referred to in subsection (2)(a) is an unsolicited consumer agreement, sections 84 and 85 of the Australian Consumer Law (Victoria) do not apply on the cancellation of that contract.\n\nS. 39(5) amended by No. 75/2004 s. 21(2).\n\n(5) Without limiting the generality of section 20, the Commission may decide, and provide for in the licence of a licensee, conditions setting out—\n\n(a) circumstances in which a licensee must continue to supply or sell electricity to a customer to whom the licensee supplies or sells electricity under a deemed contract under this section after that contract comes to an end in accordance with subsection (7)(d) or (e); and\n\n(b) events on the happening of which a deemed contract under this section may come to an end.\n\n(6) A condition referred to in subsection (5)(a) must provide for the tariff or tariffs and the terms and conditions for the continued supply or sale of electricity to be determined by the licensee.\n\nS. 39(6A) inserted by No. 91/2004 s. 12(3).\n\n(6A) A person who is a relevant customer may be a party to a deemed contract under this section even if the person has previously been a party to a contract for the supply or sale of electricity to different premises on different terms and conditions with the same licensee or another licensee.\n\n(7) A deemed contract under this section comes to an end—\n\n(a) if the contract is terminated; or\n\n(b) if the customer enters into a new contract for the purchase of electricity from the licensee in respect of the same premises, on the date of taking effect of that new contract; or\n\n(c) if the customer transfers to become the customer of another licensee; or\n\n(d) at the end of 180 days after the day on which the deemed contract commences; or\n\nS. 39(7)(da) inserted by No. 28/2021 s. 7.\n\n(da) if the supply of electricity at the premises is disconnected in accordance with section 40SQ; or\n\nS. 39(7)(e) amended by No. 75/2004 s. 21(1).\n\n(e) on the happening of an event decided and provided for by the Commission under subsection (5)(b)—\n\n(8) Subsection (1) does not apply where the relevant customer referred to in that subsection commences to take the supply of electricity by fraudulent or illegal means.\n\n(9) Subsection (2) does not apply where the relevant customer referred to in that subsection takes the supply of electricity by fraudulent or illegal means after the cancellation of the supply and sale contract referred to in subsection (2)(a).\n\n(10) In this section—\n\nS. 39(10) def. of *cooling-off period* amended by Nos 106/2003 s. 22(5), 72/2010 s. 48(Sch. item 8(10)(a)).\n\n***cooling-off period*** means the period within which a relevant customer is entitled under a supply and sale contract or section 82 of the Australian Consumer Law (Victoria) to cancel the contract;\n\n***relevant customer*** has the same meaning as in section 36;\n\n***relevant licensee***, in relation to premises, means the licensee who is responsible for the electricity supplied at those premises for the purposes of settlement of the wholesale electricity market;\n\nS. 39(10) def. of  \n*supply and sale contract* amended by No. 72/2010 s. 48(Sch. item 8(10)(b)), repealed by No. 28/2021 s. 4.\n\nS. 39(10) def. of *unsolicited consumer agreement* inserted by No. 72/2010 s. 48(Sch. item 8(10)(c)).\n\n***unsolicited consumer agreement*** has the same meaning as in section 69 of the Australian Consumer Law (Victoria).\n\nS. 39(11) amended by Nos 40/2003 s. 19, 91/2004 s. 12(4), 55/2007 s. 11, repealed by No. 59/2008 s. 13.\n\nS. 39A inserted by No. 59/2008 s. 14.\n\n","sortOrder":74},{"sectionNumber":"39A","sectionType":"section","heading":"Commission must report to Minister on electricity supply offers","content":"\t39A Commission must report to Minister on electricity supply offers\n\n(1) The Commission must by the end of every calendar year, and at other times the Minister directs in writing, prepare and give to the Minister a report that, for the reporting period, compares and assesses—\n\n(a) licensee standing offers, deemed standing offers in effect during the reporting period, and relevant published offers and other offers of retailers to supply and sell electricity that were available during the reporting period;\n\n(b) variations to licensee standing offers, deemed standing offers, relevant published offers and other offers to supply and sell electricity during the reporting period.\n\n(2) A report under subsection (1)—\n\n(a) may include information about any trends in relation to variations to licensee standing offers, deemed standing offers, relevant published offers and other offers of retailers to supply and sell electricity over a period; and\n\n(b) must also include any other information that the Minister, in writing, requires to be included.\n\n(3) A period referred to in subsection (2)(a) may be greater than the reporting period.\n\n(4) The Commission must publish a report under subsection (1) on its Internet site as soon as practicable after giving it to the Minister.\n\n(5) In this section—\n\n***deemed standing offer*** means the tariffs and terms and conditions constituting a deemed contract for the supply and sale of electricity under section 37 or section 39;\n\n***reporting period*** means the financial year ending in the calendar year in which the Commission must give its report to the Minister.\n\nS. 40 amended by No. 13/2001 s. 4(2), repealed by No. 85/2001 s. 7.\n\nS. 40A inserted by No. 13/2001 s. 5.\n\n","sortOrder":75},{"sectionNumber":"40A","sectionType":"section","heading":"Deemed distribution contracts","content":"\t40A Deemed distribution contracts\n\n(1) A distribution company may from time to time, subject to the conditions of its licence, give notice of terms and conditions applying in respect of the distribution or supply of electricity by the distribution company to retail customers or a class of retail customers.\n\nS. 40A(2) amended by No. 62/2001 s. 70(i)(i) (as amended by No. 11/2002 s. 3(Sch. 1 item 23)).\n\n(2) The terms and conditions must be approved by the Commission before a notice is given under subsection (1).\n\nS. 40A(3) amended by Nos 62/2001 s. 70(i)(i)(ii) (as amended by No. 11/2002 s. 3(Sch. 1 item 23)), 46/2014 s. 3(1), substituted by No. 37/2020 s. 9(1), amended by No. 41/2021 s. 48(1).\n\n(3) Subject to subsection (3A), unless the Commission approves otherwise in a particular case, the terms and conditions must not be inconsistent with the applicable Code of Practice.\n\nS. 40A(3AA) inserted by No. 37/2020 s. 9(1), amended by No. 41/2021 s. 48(2).\n\n(3AA) If the applicable Code of Practice is inconsistent with a deemed Ministerial licence condition to which the licence held by the distribution company is subject, that Code of Practice is of no effect to the extent of the inconsistency, and unless the Commission approves otherwise in a particular case, the terms and conditions must not be inconsistent with that deemed Ministerial licence condition.\n\nS. 40A(3A) inserted by No. 46/2014 s. 3(2).\n\n(3A) The Commission must approve terms and conditions that give effect to or are necessary to comply with an Order made under section 46D.\n\n(4) The approved terms and conditions of which notice is given under this section—\n\n(a) take effect on the day on which they are published in the Government Gazette; and\n\n(b) are binding on the distribution company and the retail customers to which they are expressed to apply.\n\n(5) A distribution company and a retail customer are deemed to have entered into a contract on the terms and conditions published under subsection (4) on a date determined in accordance with those terms and conditions.\n\n(6) A distribution company may from time to time vary any terms and conditions of which notice is given under this section.\n\n(7) This section applies to a variation under subsection (6) in the same manner as it applies to the making, approval and notification of the terms and conditions.\n\n(8) A distribution company, subject to the conditions of its licence, and a retail customer may by agreement in writing vary any of the terms and conditions of a deemed contract under subsection (5).\n\n(9) A deemed contract under subsection (5) may be terminated in accordance with its terms and conditions.\n\n(10) Nothing in this section affects any contract existing immediately before the commencement of section 5 of the **Electricity Industry Acts (Further Amendment) Act 2001** between a distribution company and a retail customer.\n\nS. 40A(11) substituted by No. 37/2020 s. 9(2).\n\n(11) In this section—\n\nS. 40A(11) def. of *applicable Code of Practice* inserted by No. 41/2021 s. 48(3)(a).\n\n***applicable Code of Practice*** means—\n\n(a) the document entitled \"Electricity Distribution Code\" that is taken under section 76(1) of the **Essential Services Commission Act 2001** to be a Code of Practice made under section 47(1) of that Act; or\n\n(b) if the Code of Practice referred to in paragraph (a) is revoked, another Code of Practice that applies for the purposes of subsections (3) and (3AA);\n\nS. 40A(11) def. of *Electricity Distribution Code* repealed by No. 41/2021 s. 48(3)(b).\n\n***retail customer***, in relation to a distribution company, means a customer of a retailer to which the distribution company distributes or supplies electricity.\n\nS. 40B inserted by No. 91/2004 s. 13.\n\n","sortOrder":76},{"sectionNumber":"40B","sectionType":"section","heading":"Compensation for wrongful disconnection","content":"\t40B Compensation for wrongful disconnection\n\nS. 40B(1) amended by No. 28/2021 s. 8(1)(a)(b).\n\n(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity is subject include a condition requiring the retailer to make a payment of the prescribed amount to a relevant customer in accordance with this section if the retailer arranges for the supply of electricity at the premises of that customer to be disconnected and—\n\nS. 40B(1)(a) substituted by No. 28/2021 s. 8(1)(c).\n\n(a) the retailer does so otherwise than in accordance with Subdivision 3 of Division 5C; or\n\nS. 40B(1)(b) substituted by No. 28/2021 s. 8(1)(c).\n\n(b) the retailer fails to comply with the terms and conditions of the supply and sale contract specifying the circumstances in which the supply of electricity at those premises may be disconnected.\n\nS. 40B(1A) inserted by No. 59/2011 s. 34(1), amended by No. 28/2021 s. 8(2).\n\n(1A) Despite subsection (1), if the relevant customer does not notify the retailer of the disconnection within 14 days after the disconnection, the maximum payment under a condition under subsection (1) is the prescribed capped amount.\n\n(2) A payment under a condition under subsection (1) may be made directly to the customer or by way of rebate on the customer's electricity bill.\n\nS. 40B(3) substituted by No. 28/2021 s. 8(3).\n\n(3) A payment under a condition under subsection (1) must be made as soon as practicable after—\n\n(a) the reconnection of the supply of electricity at the premises of the relevant customer arranged by a retailer under this Act; or\n\n(b) a relevant event occurs.\n\n(4) Nothing in this section affects any other right any person or body may have to take action against a licensee in relation to a disconnection of a supply of electricity.\n\n(5) In this section—\n\nS. 40B(5) def. of *prescribed amount* amended by No. 49/2015 s. 9, substituted by No. 28/2021 s. 8(4)(a).\n\n***prescribed amount*** means—\n\n(a) the amount prescribed by the regulations for the purposes of this section; or\n\n(b) if no amount is prescribed by the regulations—\n\n(i) if a relevant event occurs—$500 for each whole day that the supply of electricity is disconnected and a pro rata amount for any part of a day that the supply of electricity is disconnected, ending on the occurrence of the relevant event; or\n\n(ii) in any other case—$500 for each whole day that the supply of electricity is disconnected and a pro rata amount for any part of a day that the supply of electricity is disconnected;\n\nS. 40B(5) def. of *prescribed capped amount* inserted by No. 59/2011 s. 34(2).\n\n***prescribed capped amount*** means—\n\n(a) the amount prescribed by the regulations for the purposes of subsection (1A); or\n\n(b) if no amount is prescribed, $3,500.00;\n\nS. 40B(5) def. of *relevant customer* amended by No. 28/2021 s. 8(4)(b).\n\n***relevant customer*** has the same meaning as in section 36;\n\nS. 40B(5) def. of *relevant event* inserted by No. 28/2021 s. 8(4)(c).\n\n***relevant event*** means—\n\n(a) a relevant customer's refusal of an offer from a retailer to arrange for the reconnection of the supply of electricity at the relevant customer's premises; or\n\n(b) an event the result of which means it is not reasonably practicable for the retailer to arrange for the reconnection of the supply of electricity at the relevant customer's premises; or\n\n(c) a prescribed event.\n\nS. 40B(6) inserted by No. 28/2021 s. 8(5).\n\n(6) For the purposes of the definition of ***relevant event*** in subsection (5), an offer from a retailer must not include any condition or requirement for reconnection other than any condition or requirement permitted under the supply and sale contract or any Act or law.\n\nS. 40C inserted by No. 91/2004 s. 13.\n\n","sortOrder":77},{"sectionNumber":"40C","sectionType":"section","heading":"Prohibition on fees for late payment","content":"\t40C Prohibition on fees for late payment\n\n(1) A term or condition in a contract for the supply or sale of electricity by a licensee to a small retail customer (whether entered into before or after the commencement of this section) is void to the extent that it permits the licensee to charge the customer a fee or charge for late payment of an electricity bill.\n\n(2) Nothing in this section prevents a licensee from offering an incentive or rebate to a small retail customer for paying an electricity bill on or before the due date for payment.\n\n(3) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.\n\nS. 40D inserted by No. 91/2004 s. 13.\n\n","sortOrder":78},{"sectionNumber":"40D","sectionType":"section","heading":"Regulation of exit fees","content":"\t40D Regulation of exit fees\n\nS. 40D(1AA) inserted by No. 49/2015 s. 10(1).\n\n(1AA) Without limiting the generality of sections 20(2) or (3) or 21, the conditions to which a licence to sell electricity is subject include a condition prohibiting, on and after the commencement of section 10 of the **Energy Legislation Amendment (Consumer Protection) Act 2015**, the licensee from entering into a contract for the supply or sale of electricity between the licensee and a small retail customer that imposes an exit fee on the termination of the contract unless—\n\n(a) the contract is a fixed-term retail contract; and\n\n(b) the following will not change during the term of the contract—\n\n(i) any tariffs, charges and fees for electricity supplied under that contract;\n\n(ii) any discount which applies to tariffs, charges and fees for electricity supplied under that contract;\n\n(iii) any terms and conditions that apply to electricity supplied under that contract.\n\nS. 40D(1) amended by No. 49/2015 s. 10(2).\n\n(1) The Governor in Council may by Order published in the Government Gazette regulate the imposition by a licensee under a fixed-term retail contract of an exit fee that is not otherwise prohibited under subsection (1AA) on the termination of that contract.\n\n(2) An Order under subsection (1) may specify terms and conditions applying to the imposition of exit fees.\n\nS. 40D(3) substituted by No. 49/2015 s. 10(3).\n\n(3) An Order under subsection (1) may also provide that a fixed-term retail contract must include a condition providing that the small retail customer may terminate the contract by giving the required period of notice to the licensee.\n\nS. 40D(4) amended by No. 49/2015 s. 10(4).\n\n(4) If an Order under subsection (1) requires the inclusion of a condition referred to in subsection (3) in a fixed-term retail contract, that condition is deemed to form part of that contract.\n\n(5) Nothing in this section or an Order under this section prevents a licensee from offering an incentive or rebate to a small retail customer to remain a customer of the licensee.\n\n(6) An Order under subsection (1) has effect from the date specified in the Order.\n\nS. 40D(7) repealed by No. 41/2021 s. 49.\n\n(8) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.\n\n***exit fee*** means a fee or charge payable on the termination of a contract but does not include any fee or charge for electricity supplied under the contract;\n\nS. 40D(9) def. of  \n*fixed-term retail contract* inserted by No. 49/2015 s. 10(5).\n\n***fixed-term retail contract*** means a contract for the supply or sale of electricity between a licensee and a small retail customer that contains a term or condition that specifies—\n\n(a) the date on which the contract will end; or\n\n(b) a method for calculating the date on which the contract will end and which is ascertainable at the time the contract is entered;\n\n***required period of notice*** means the longer of—\n\n(a) the period of notice agreed between the licensee and the small retail customer; and\n\n(b) the period of notice specified in an Order under subsection (1).\n\nS. 40E inserted by No. 91/2004 s. 13.\n\n","sortOrder":79},{"sectionNumber":"40E","sectionType":"section","heading":"Regulation of pre-payment meters","content":"\t40E Regulation of pre-payment meters\n\n(1) The Governor in Council may by Order published in the Government Gazette prohibit or regulate the implementation by a licensee of a pre-payment meter scheme in respect of the licensee's small retail customers.\n\n(2) An Order under subsection (1) regulating the implementation of a pre-payment meter scheme may specify terms and conditions applying to that scheme.\n\n(3) An Order under subsection (1) has effect from the date specified in the Order.\n\nS. 40E(4) repealed by No. 41/2021 s. 50.\n\n(5) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.\n\n(6) The Minister must cause a copy of each Variation Order to be laid before each House of Parliament within 6 sitting days of that House following the making of the Order.\n\n(7) A Variation Order is subject to disallowance by a House of Parliament, and sections 23, 24 and 25 of the **Subordinate Legislation Act 1994** apply as if the Variation Order were a statutory rule within the meaning of that Act.\n\n(8) In this section—\n\n***pre-payment meter*** means a meter that allows electricity to be sold or supplied under an arrangement that allows the customers to make full payment for the electricity before it is consumed;\n\n***Variation Order*** means an Order made in substitution for or amending or revoking an Order made under subsection (1).\n\nS. 40EA inserted by No. 28/2021 s. 5 (as amended by No. 41/2021 s. 93).\n\n\t40EA Prohibition on save and win-back offers\n\n(1) This section applies if a retailer (a ***losing retailer***) is aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer.\n\nWhen a domestic customer has a supply and sale contract with a retailer and enters into a supply and sale contract with another retailer, the new retailer initiates the customer transfer process and at the end of that process the customer's supply and sale contract with the losing retailer ends.\n\n(2) Without limiting the generality of section 20(2) or (3) or 21, but subject to this section, the conditions to which a licence to sell electricity held by a losing retailer is subject include a condition prohibiting the losing retailer from—\n\n(a) contacting the domestic customer during the prohibited period—\n\n(i) to make an offer to the domestic customer to renegotiate a supply and sale contract with the losing retailer and to terminate the supply and sale contract with another retailer; or\n\n(ii) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled electricity and gas service, to the domestic customer for that customer to remain a customer of the losing retailer and to terminate the supply and sale contract with another retailer; or\n\n(iii) to make an offer to the domestic customer to enter into a new supply and sale contract with the losing retailer; or\n\n(iv) to offer, or arrange the offer of, a benefit, privilege or service, including a bundled electricity and gas service, to the domestic customer for that customer to enter into a new supply and sale contract with the losing retailer; or\n\n(b) requiring or permitting an employee or agent of the losing retailer to do a thing referred to in paragraph (a).\n\n(3) The losing retailer is not prohibited from contacting the domestic customer during the prohibited period for any other purpose, including—\n\n(a) in respect of any administrative or other matter resulting from or incidental to the customer transfer process; or\n\n(b) in respect of any fees or charges which are owed to the losing retailer by the domestic customer under the supply and sale contract with the losing retailer; or\n\n(c) responding to any query or question asked by the domestic customer; or\n\n(d) if the domestic customer has asked the losing retailer to do a thing described in subsection (2)(a), doing so or requiring or permitting an employee or agent of the losing retailer to do so; or\n\n(e) contacting the domestic customer as part of a general marketing campaign for the supply or sale of electricity, or the sale of a bundled electricity and gas service, other than by—\n\n(i) calling on the domestic customer at that customer's ordinary place of residence; or\n\n(ii) telephoning the domestic customer, irrespective of whether that customer is at their ordinary place of residence at the time of the telephone call.\n\n(4) For the purposes of subsection (3)(e), a general marketing campaign does not include a marketing campaign directed at only domestic customers who have entered into a supply and sale contract with another retailer.\n\n(5) A supply and sale contract continued or entered into as a result of any conduct prohibited under this section is of no effect.\n\n***bundled electricity and gas service*** means the service of supplying electricity and gas to a domestic customer with a financial discount on one or both services or some other benefit given to the customer for contracting with the retailer for both electricity and gas, whether or not under the same contract;\n\n***customer transfer process*** means the process under the National Electricity Rules of transferring, between retailers, a domestic customer's details, billing information and relevant supply details for the purpose of facilitating the operation of a supply and sale contract between the domestic customer and retailer;\n\n***domestic customer*** has the same meaning as in section 41;\n\n***prohibited period*** means the period—\n\n(a) starting from when the losing retailer becomes aware that the customer transfer process has commenced or has been completed in respect of a domestic customer of the losing retailer; and\n\n(b) ending—\n\n(i) at the end of the period after the customer transfer process is complete that is prescribed for the purposes of this subparagraph; or\n\n(ii) if there is no prescribed period, after a period of 6 months after the customer transfer process is complete.\n\nS. 40EB inserted by No. 28/2021 s. 5 (as amended by No. 41/2021 s. 93).\n\n\t40EB Prohibition relating to door-to-door sales and cold-calling\n\n(1) Without limiting the generality of section 20(2) or (3) or 21, but subject to this section, the conditions to which a licence to sell electricity held by a retailer is subject include a condition prohibiting the retailer from—\n\n(a) calling on a domestic customer at the customer's ordinary place of residence for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed; or\n\n(b) telephoning a domestic customer for the purpose of negotiating a supply and sale contract or another contract of a kind that is prescribed, irrespective of whether the customer is at their ordinary place of residence at the time of the telephone call; or\n\n(c) requiring or permitting an employee or agent of the retailer to do a thing referred to in paragraph (a) or (b).\n\n(2) A retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if the domestic customer has given, to a person specified in subsection (4), express consent to being contacted by a retailer at the customer's ordinary place of residence or by telephone for the purpose of negotiating—\n\n(a) a supply and sale contract; or\n\n(b) another contract of a kind that is  prescribed.\n\n(3) Without limiting subsection (2), the domestic customer has not given their express consent only because the customer has contacted the retailer, or an employee or agent of the retailer, in connection with an unsuccessful attempt by that retailer, employee or agent to contact the domestic customer.\n\n(4) The following persons are specified for the purposes of subsection (2)—\n\n(a) the retailer;\n\n(b) an employee or agent of the retailer;\n\n(c) a person who—\n\n(i) collects a domestic customer's contact details, irrespective of any relationship between that person and the retailer at the time that person collects those details; and\n\n(ii) gives those details to the retailer for the predominant purpose of enabling the retailer, or an employee or agent of the retailer, to negotiate a supply and sale contract or another contract of a kind that is prescribed.\n\n(5) A retailer is not prohibited from doing a thing referred to in subsection (1)(a), (b) or (c) if—\n\n(a) at the time the domestic customer is called on at their ordinary place of residence or is telephoned, the domestic customer has a supply and sale contract with the retailer; and\n\n(b) that conduct would not otherwise be prohibited under section 40EA.\n\n(6) A contract entered into as a result of any conduct prohibited under subsection (1) is of no effect.\n\n(7) For the purposes of section 53 of the **Essential Services Commission Act 2001**, a retailer does not contravene a civil penalty requirement that is the condition under subsection (1)(b) or (c) if—\n\n(a) the contravention by the retailer was by mistake; or\n\n(b) the retailer took reasonable precautions, and exercised due diligence, to avoid the contravention.\n\n(8) This section does not apply to a supply and sale contract of a kind that is prescribed.\n\n***contact details*** means a domestic customer's residential address or telephone number;\n\n***domestic customer*** has the same meaning as in section 41.\n\nPt 2 Div. 5A (Heading and ss 40F–40N) inserted by No. 35/2007 s. 3.\n\nDivision 5A—Terms and conditions  \nfor the purchase of small renewable energy generation electricity\n\nS. 40F inserted by No. 35/2007 s. 3.\n\n\t40F Definitions\n\n(1) In this Division—\n\n*2006–2010 distribution pricing determination* inserted by No. 41/2009 s. 4(1).\n\n***2006–2010 distribution pricing determination*** has the same meaning as in the **National Electricity (Victoria) Act 2005**;\n\n***biomass energy generation facility*** means a generation facility that generates electricity by utilising energy from the combustion of—\n\n(a) biomass; or\n\n(b) biogas;\n\nS. 40F(1) def. of *declared scheme capacity day* inserted by No. 41/2009 s. 4(1).\n\n***declared scheme capacity day*** means the day declared by notice under section 40FE;\n\nS. 40F(1) def. of *distributor obligation period* inserted by No. 41/2009 s. 4(1).\n\n***distributor obligation period*** means the period—\n\n(b) ending on the day that is the last day a distribution company conveys any qualifying solar energy generation electricity along a distribution system operated by that distribution company;\n\nS. 40F(1) def. of *distributor TFiT obligation period* inserted by No. 64/2011 s. 3(1).\n\n***distributor TFiT obligation period*** means the period—\n\n(b) ending on the day that is the last day a distribution company conveys any TFiT scheme electricity along a distribution system operated by that distribution company;\n\n*ESC determined general feed-in terms and conditions* inserted by No. 41/2009 s. 4(1).\n\n***ESC determined general feed-in terms and conditions*** means prices, terms and conditions determined under section 40L(1)(a);\n\n*ESC determined premium solar feed-in terms and conditions* inserted by No. 41/2009 s. 4(1).\n\n***ESC determined premium solar feed-in terms and conditions*** means terms and conditions determined under section 40L(1)(b);\n\n*ESC determined prices, terms and conditions* repealed by No. 41/2009 s. 4(5).\n\n*ESC determined TFiT scheme terms and conditions* inserted by No. 64/2011 s. 3(1).\n\n***ESC determined TFiT scheme terms and conditions*** means terms and conditions determined under section 40L(1)(c);\n\n*ESC recom-mended general feed-in terms and conditions* inserted by No. 41/2009 s. 4(1).\n\n***ESC recommended general feed-in terms and conditions*** means prices, terms and conditions recommended, and contained in, a report under section 40J(2A)(a);\n\n*ESC recom-mended premium solar feed-in terms and conditions* inserted by No. 41/2009 s. 4(1).\n\n***ESC recommended premium solar feed-in terms and conditions*** means terms and conditions recommended, and contained in, a report under section 40J(2A)(b);\n\n*ESC recom-mended prices, terms and conditions* repealed by No. 41/2009 s. 4(5).\n\n*ESC recom-mended TFiT scheme terms and conditions* inserted by No. 64/2011 s. 3(1).\n\n***ESC recommended TFiT scheme terms and conditions*** means terms and conditions recommended, and contained in, a report under section 40J(2A)(b);\n\n*general renewable energy feed-in terms and conditions* inserted by No. 41/2009 s. 4(1).\n\n***general renewable energy feed-in terms and conditions*** has the meaning given by section 40FB;\n\n***hydro generation facility*** means a generation facility that generates electricity by utilising the energy from moving water;\n\n*non-complying licensee* substituted by No. 41/2009 s. 4(2).\n\n***non-complying licensee*** means—\n\n(a) a relevant licensee that has not complied with a condition set out in section 40FF(1) or 40G(1); or\n\n(b) a small retail licensee that has not complied with the condition set out in section 40FG(3);\n\n***non-pool electricity*** means electricity that is supplied other than through the wholesale electricity market;\n\nS. 40F(1) def. of *premium solar feed-in credit* inserted by No. 41/2009 s. 4(1).\n\n***premium solar feed-in credit*** has the meaning given by section 40FA(2)(a);\n\nS. 40F(1) def. of *premium solar feed-in tariff period* inserted by No. 41/2009 s. 4(1).\n\n***premium solar feed-in tariff period***, for a qualifying customer, has the meaning given by section 40FC;\n\nS. 40F(1) def. of *premium solar feed-in tariff scheme* inserted by No. 35/2013 s. 3(3).\n\n***premium solar feed-in tariff scheme*** means the amendments made to this Division by the **Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009**;\n\nS. 40F(1) def. of *premium solar feed-in tariff terms and conditions* inserted by No. 41/2009 s. 4(1).\n\n***premium solar feed-in tariff terms and conditions*** has the meaning given by section 40FA;\n\n*publish* inserted by No. 41/2009 s. 4(1).\n\n***publish***, for sections 40FF, 40FG and 40G, means publish—\n\n(a) in the Government Gazette; and\n\n(b) on the licensee's Internet site;\n\nS. 40F(1) def. of *qualifying customer* inserted by No. 41/2009 s. 4(1).\n\n***qualifying customer***, of a relevant licensee or small retail licensee, means a person who—\n\n(a) purchases electricity from that relevant licensee or small retail licensee; and\n\n(b) engages in the generation of electricity—\n\n(i) at a property that the person occupies as their principal place of residence by means of one qualifying solar energy generating facility at the property; or\n\n(ii) at one or more properties—\n\n(A) that the person occupies, otherwise than as a place of residence, by means of one qualifying solar energy generating facility at each of those properties; and\n\n(B) at which the person's annual consumption rate of electricity is 100 megawatt hours or less; and\n\n(c) has been exempted by Order under section 17 from the requirement to hold a licence in respect of the generation of electricity for supply and sale;\n\nS. 40F(1) def. of *qualifying solar energy generating facility* inserted by No. 41/2009 s. 4(1), amended by No. 55/2010 s. 11(1).\n\n***qualifying solar energy generating facility*** means a photovoltaic generation facility that—\n\n(a) has an installed or name-plate generating capacity of 5 kilowatts or less; and\n\n(b) is connected to a distribution system;\n\nS. 40F(1) def. of *qualifying solar energy generation electricity* inserted by No. 41/2009 s. 4(1).\n\n***qualifying solar energy generation electricity*** means electricity that a qualifying customer generates and does not use;\n\nS. 40F(1) def. of *referred prices, terms and conditions* repealed by No. 41/2009 s. 4(5).\n\nS. 40F(1) def. of *referred terms and conditions* inserted by No. 41/2009 s. 4(1), amended by No. 35/2013 s. 3(1).\n\n***referred terms and conditions*** means general renewable energy feed-in terms and conditions, premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions referred to the Commission under section 40I(1)(a) for assessment;\n\nS. 40F(1) def. of *relevant generator* amended by No. 41/2009 s. 4(3).\n\n***relevant generator*** means—\n\n(a) a generation company; or\n\n(b) a person engaging in the generation of electricity for supply or sale that has been exempted by Order under section 17 from the requirement to hold a licence in respect of that activity;\n\n***relevant licensee*** means a person that—\n\n(a) holds a licence to sell electricity; and\n\n(b) sells electricity to more than 5000 customers;\n\nS. 40F(1) def. of *scheme start day* inserted by No. 41/2009 s. 4(1).\n\n***scheme start day*** means the day on which section 5 of the **Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009** comes into operation;\n\n***small renewable energy generation electricity*** means non-pool electricity supplied by a relevant generator from a small renewable energy generation facility operated by that generator;\n\n*small renewable energy generation facility* amended by Nos 41/2009 s. 4(4), 64/2011 s. 3(2), 35/2013 s. 3(2).\n\n***small renewable energy generation facility*** means a facility of the following kind, connected to a distribution system, that generates electricity and has an installed or name-plate generating capacity of less than 100 kilowatts—\n\n(a) a wind energy generation facility;\n\n(b) a solar energy generation facility;\n\n(c) a hydro generation facility;\n\n(d) a biomass energy generation facility;\n\n(e) a facility or class of facility specified for the purposes of this definition under subsection (2)—\n\nbut does not include a qualifying solar energy generating facility or a TFiT scheme generating facility that is connected to a distribution system under the premium solar feed-in tariff  scheme or TFiT scheme;\n\n*small retail licensee* inserted by No. 41/2009 s. 4(1).\n\n***small retail licensee*** means a person that—\n\n(a) holds a licence to sell electricity; and\n\n(b) sells electricity to 5000 or less customers;\n\n***solar energy generation facility*** means a generation facility that generates electricity by converting solar energy into electricity;\n\nS. 40F(1) def. of *statutory minimum conditions* inserted by No. 41/2009 s. 4(1).\n\n***statutory minimum conditions*** means the conditions specified under section 40FA(2);\n\nS. 40F(1) def. of *statutory minimum TFiT conditions* inserted by No. 64/2011 s. 3(1).\n\n***statutory minimum TFiT conditions*** means the conditions specified under section 40FAB(2);\n\nS. 40F(1) def. of *TFiT scheme* inserted by No. 35/2013 s. 3(3).\n\n***TFiT scheme*** means the amendments made to this Division by the **Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011**;\n\n*TFiT scheme credit* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme credit*** has the meaning given by section 40FAB(2)(a);\n\n*TFiT scheme customer* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme customer***, of a relevant licensee or small retail licensee, means a person who—\n\n(a) purchases electricity from that relevant licensee or small retail licensee; and\n\n(b) engages in the generation of electricity on or after the TFiT scheme start day—\n\n(i) at a property that the person occupies as their principal place of residence by means of one TFiT scheme generating facility at the property; or\n\n(ii) at one or more properties—\n\n(A) that the person occupies, otherwise than as a place of residence, by means of one TFiT scheme generating facility at each of those properties; and\n\n(B) at which the person's annual consumption rate of electricity is 100 megawatt hours or less; and\n\n(c) has been exempted by Order under section 17 from the requirement to hold a licence in respect of the generation of electricity for supply and sale;\n\n*TFiT scheme electricity* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme electricity*** means electricity that a TFiT scheme customer generates on or after the TFiT scheme start day and does not use;\n\n*TFiT scheme end day* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme end day*** means the day declared by notice under section 40FEA(1);\n\n*TFiT scheme generating facility* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme generating facility*** means a photovoltaic generation facility that—\n\n(a) has an installed or name-plate generating capacity of 5 kilowatts or less; and\n\n(b) is connected to a distribution system on or after the TFiT scheme start day;\n\n*TFiT scheme period* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme period***, for a TFiT scheme customer, has the meaning given by section 40FCA;\n\n*TFiT scheme start day* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme start day*** means the day on which section 3 of the **Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011** comes into operation;\n\n*TFiT scheme* *terms and conditions* inserted by No. 64/2011 s. 3(1).\n\n***TFiT scheme*** ***terms and conditions*** has the meaning given by section 40FAB;\n\n***wind energy generation facility*** means a generation facility that generates electricity by converting wind energy into electricity.\n\nS. 40F(2) amended by No. 35/2013 s. 3(4).\n\n(2) The Governor in Council, by Order published in the Government Gazette, may, for the purposes of paragraph (e) of the definition of ***small renewable energy generation facility***, specify a facility or class of facility that generates electricity in any way as a small renewable energy generation facility.\n\nS. 40FA inserted by No. 41/2009 s. 5.\n\n\t40FA Meaning of premium solar feed-in tariff terms and conditions\n\n(1) Premium solar feed-in tariff terms and conditions are terms and conditions comprising an offer under which a relevant licensee or small retail licensee will purchase from a qualifying customer of that licensee qualifying solar energy generation electricity during the premium solar feed-in tariff period for that customer.\n\n(2) Premium solar feed-in tariff terms and conditions must, as a minimum, include terms and conditions under which—\n\n(a) an amount not less than $0.60 per kilowatt-hour is credited against the charges payable to the relevant licensee or small retail licensee by the qualifying customer for electricity the licensee supplies to that customer during the premium solar feed-in tariff period for that customer (a ***premium solar feed-in credit***); and\n\n(b) a premium solar feed-in credit that arises during a period of supply of electricity to the qualifying customer during the premium solar feed-in tariff period for that customer is included in the electricity bill of that customer that relates to that period of supply; and\n\n(c) if, in a period of supply of electricity to the qualifying customer during the premium solar feed-in tariff period for that customer, a premium solar feed-in credit exceeds the amount owed by that customer for electricity supplied to that customer in that period of supply, the excess premium solar feed-in credit amount is—\n\n(i) credited against the charges payable to the relevant licensee or small retail licensee by that customer for electricity the licensee supplies to that customer in the next period of supply of electricity to that customer; and\n\n(d) any excess premium solar feed-in credit amount referred to in paragraph (c) is extinguished on the first of the following to occur—\n\n(i) the day that is 12 months after the day—\n\n(A) a premium solar feed-in credit first arises in respect of the qualifying customer; or\n\n(B) a premium solar feed-in credit first arises in respect of the qualifying customer after an excess premium solar feed-in credit amount referred to in paragraph (c) is extinguished under this paragraph—\n\nas the case requires;\n\n(ii) the day the contract for the supply of electricity by the relevant licensee or small retail licensee to the qualifying customer ends;\n\n(iii) the day that is the last day of the premium solar feed-in tariff period for the qualifying customer; and\n\n(e) any contract between the relevant licensee or small retail licensee and the qualifying customer for the purchase of qualifying solar energy generation electricity by the licensee during the premium solar feed-in tariff period for that customer is conditional on that customer giving the licensee details of that customer's principal place of residence.\n\nS. 40FAB inserted by No. 64/2011 s. 4.\n\n\t40FAB Meaning of transitional feed-in scheme tariff terms and conditions\n\n(1) TFiT scheme terms and conditions are terms and conditions comprising an offer under which a relevant licensee or small retail licensee will purchase from a TFiT scheme customer of that licensee TFiT  scheme electricity during the TFiT  scheme period for that customer.\n\n(2) TFiT  scheme terms and conditions must, as a minimum, include terms and conditions under which—\n\n(a) an amount not less than $0.25 per kilowatt-hour is credited against the charges payable to the relevant licensee or small retail licensee by the TFiT scheme customer for electricity the licensee supplies to that customer during the TFiT  scheme period for that customer (a ***TFiT scheme credit***); and\n\n(b) a TFiT  scheme credit that arises during a period of supply of electricity to the TFiT scheme customer during the TFiT  scheme period for that customer is included in the electricity bill of that customer that relates to that period of supply; and\n\n(c) if, in a period of supply of electricity to the TFiT scheme customer during the TFiT  scheme period for that customer, a TFiT  scheme credit exceeds the amount owed by that customer for electricity supplied to that customer in that period of supply, the excess TFiT  scheme credit amount is—\n\n(i) credited against the charges payable to the relevant licensee or small retail licensee by that customer for electricity the licensee supplies to that customer in the next period of supply of electricity to that customer; and\n\n(d) any excess TFiT  scheme credit amount referred to in paragraph (c) is extinguished on the first of the following to occur—\n\n(i) the day that is 12 months after the day—\n\n(A) a TFiT  scheme credit first arises in respect of the TFiT scheme customer; or\n\n(B) a TFiT  scheme credit first arises in respect of the TFiT scheme customer after an excess TFiT  scheme credit amount referred to in paragraph (c) is extinguished under this paragraph—\n\nas the case requires;\n\n(ii) the day the contract for the supply of electricity by the relevant licensee or small retail licensee to the TFiT scheme customer ends;\n\n(iii) the day that is the last day of the TFiT  scheme period for the TFiT scheme customer; and\n\n(e) any contract between the relevant licensee or small retail licensee and the TFiT scheme customer for the purchase of TFiT scheme electricity by the licensee during the TFiT  scheme period for that customer is conditional on that customer giving the licensee details of that customer's principal place of residence.\n\nS. 40FB inserted by No. 41/2009 s. 5, amended by No. 35/2013 s. 4 (ILA s. 39B(1)).\n\n\t40FB Meaning of general renewable energy feed-in terms and conditions\n\n(1) General renewable energy feed-in terms and conditions are the prices, terms and conditions comprising an offer under which a relevant licensee will purchase, from a relevant generator, small renewable energy generation electricity.\n\nS. 40FB(2) inserted by No. 35/2013 s. 4.\n\n(2) Without limiting subsection (1), on and after the commencement of section 4 of the **Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013**, general renewable energy feed-in terms and conditions must, as a minimum, include terms and conditions under which—\n\nS. 40FB(2)(a) amended by No. 1/2017 s. 3.\n\n(a) an amount, specified for a financial year under section 40FBA, is credited against the charges payable to the relevant licensee by a customer who is a relevant generator for electricity the licensee supplies to the customer (a ***general renewable energy credit***); and\n\n(b) a general renewable energy credit that arises during a period of supply of electricity to that customer is included in the electricity bill of that customer that relates to that period of supply; and\n\n(c) if, in a period of supply of electricity to the customer, a general renewable energy credit exceeds the amount owed by that customer for electricity supplied to that customer in that period of supply, the excess general renewable energy credit amount is—\n\n(i) credited against the charges payable to the relevant licensee by that customer for electricity the licensee supplies to that customer in the next period of supply of electricity to that customer; and\n\n(d) any excess general renewable energy credit amount referred to in paragraph (c) is extinguished on the day the contract for the supply of electricity by the relevant licensee to the customer ends.\n\nS. 40FBA inserted by No. 35/2013 s. 5, substituted by Nos 1/2017 s. 4, 13/2025 s. 97A.\n\n\t40FBA Rates for purchases of small renewable energy generation electricity\n\nFor the purposes of section 40FB(2)(a), in each financial year the amount to be credited against the charges payable to a relevant licensee by a customer who is a relevant generator is the amount determined at the rate or rates published as part of the general renewable energy feed-in terms and conditions under section 40G.\n\nS. 40FBB inserted by No. 35/2013 s. 5, amended by Nos 1/2017 s. 5, 14/2025 s. 27, repealed by No. 13/2025 s. 97B.\n\nS. 40FC inserted by No. 41/2009 s. 5.\n\n\t40FC Meaning of premium solar feed-in tariff period\n\n(1) The premium solar feed-in tariff period for a qualifying customer is the period—\n\nS. 40FC(1)(a) amended by No. 64/2011 s. 22.\n\n(b) ending on the earlier of—\n\n(i) the fifteenth anniversary of the scheme start day; or\n\n(ii) the declared scheme capacity day.\n\n(2) However, if there is a declared scheme capacity day, the premium solar feed-in tariff period for a qualifying customer who has a contract in operation for the supply of qualifying solar energy generation electricity to a relevant licensee or small retail licensee immediately before that day, and has been credited with a premium solar feed-in credit at any time before that day, is the period—\n\nS. 40FC(2)(b) substituted by No. 35/2013 s. 6.\n\n(b) ending on—\n\n(i) the fifteenth anniversary of the scheme start day; or\n\n(ii) if, after 31 December 2012, the customer modifies their qualifying solar energy generating facility so that its installed or name-plate generating capacity is more than its capacity on 31 December 2012, the later of—\n\n(A) the day on which section 6 of the **Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013** comes into operation; or\n\n(B) the day on which that modification is made—\n\nS. 40FCA inserted by No. 64/2011 s. 5.\n\n\t40FCA Meaning of TFiT scheme period\n\n(1) The TFiT scheme period for a TFiT scheme customer is the period—\n\n(b) ending on the earlier of—\n\n(i) the fifth anniversary of the TFiT scheme start day; or\n\n(ii) the TFiT scheme end day.\n\n(2) However, if there is a TFiT scheme end day, the TFiT scheme period for a TFiT scheme customer who has a contract in operation for the supply of TFiT scheme electricity to a relevant licensee or small retail licensee immediately before that day, and has been credited with a TFiT scheme credit at any time before that day, is the period—\n\nS. 40FCA(2)(b) substituted by No. 35/2013 s. 7.\n\n(b) ending on—\n\n(i) the fifth anniversary of the TFiT scheme start day; or\n\n(ii) if, after 31 December 2012, the customer modifies their TFiT scheme generating facility so that its installed or name-plate generating capacity is more than its capacity on 31 December 2012, the later of—\n\n(A) the day on which section 7 of the **Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013** comes into operation; or\n\n(B) the day on which that modification is made—\n\nS. 40FD (Heading) amended by No. 64/2011 s. 6(1).\n\nS. 40FD inserted by No. 41/2009 s. 5, amended by No. 64/2011 s. 6(2).\n\n\t40FD Application of premium solar feed-in tariff and TFiT scheme terms and conditions obligations\n\nSections 40FF(1) and 40FG(3) are not to be taken to require a relevant licensee or small retail licensee to pay to a qualifying customer of that licensee any money (as cash, by cheque or otherwise) instead of the whole or any part of a premium solar feed-in credit or a TFiT scheme credit (as the case requires).\n\nS. 40FE inserted by No. 41/2009 s. 5.\n\n\t40FE Minister may declare the declared scheme capacity day\n\n(1) The Minister, by notice published in the Government Gazette, may declare a day to be the declared scheme capacity day.\n\n(2) The Minister may declare a day under subsection (1) only if—\n\n(a) the Minister is satisfied that the aggregate of the installed or name-plate generating capacity of qualifying solar energy generating facilities is equal to or greater than 100 megawatts; or\n\n(b) the Minister has estimated that the average cost per customer of electricity per year arising out of the operation of the premium solar feed-in tariff scheme is $10 or more—\n\nS. 40FE(3) repealed by No. 35/2013 s. 8.\n\nSee also the definition of ***premium solar feed-in tariff period*** in section 40F(1).\n\nS. 40FEA inserted by No. 64/2011 s. 7.\n\n\t40FEA Minister may declare TFiT scheme end day\n\n(1) The Minister, by notice published in the Government Gazette, may declare a day to be the TFiT scheme end day.\n\n(2) The Minister may declare a day under subsection (1) if—\n\n(a) the Minister is satisfied that the aggregate of the installed or name-plate generating capacity of TFiT scheme generating facilities is equal to or greater than 75 megawatts; or\n\n(b) the Minister has estimated that the average cost per customer of electricity per year arising out of the operation of the TFiT scheme is $5 or more; or\n\n(c) the Minister considers it appropriate to do so—\n\nS. 40FEA(3) repealed by No. 35/2013 s. 8.\n\nSee also the definition of ***TFiT scheme period*** in section 40F(1).\n\nS. 40FF (Heading) amended by No. 64/2011 s. 8(1).\n\nS. 40FF inserted by No. 41/2009 s. 5.\n\n\t40FF Relevant licensee condition relating to premium solar feed-in tariff and TFiT scheme tariff\n\nS. 40FF(1) amended by No. 64/2011 s. 8(2).\n\n(1) Without limiting the generality of section 20(2) or 20(3) or section 21, but subject to this Division, the conditions to which a licence to sell electricity held by a relevant licensee is subject include a condition requiring the relevant licensee to publish premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions (as the case requires).\n\nS. 40FF(2) amended by No. 64/2011 s. 8(3).\n\n(2) A relevant licensee that publishes premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions as required by the condition set out in subsection (1) must give a copy of those terms and conditions to the Minister within 7 days after publishing them.\n\nS. 40FG (Heading) amended by No. 64/2011 s. 9(1).\n\nS. 40FG inserted by No. 41/2009 s. 5.\n\n\t40FG Small retail licensees may offer to purchase qualifying solar energy generation electricity or TFiT scheme electricity\n\nS. 40FG(1) substituted by No. 64/2011 s. 9(2).\n\n(1) A small retail licensee may offer to purchase—\n\n(a) qualifying solar energy generation electricity from a qualifying customer during the premium solar feed-in tariff period for the qualifying customer;\n\n(b) TFiT scheme electricity from a TFiT scheme customer during the TFiT scheme period for the TFiT scheme customer.\n\n(2) If a small retail licensee decides to do so, the small retail licensee must publish a notice to that effect.\n\nS. 40FG(3) amended by No. 64/2011 s. 9(3).\n\n(3) Without limiting the generality of section 20(2) or 20(3) or section 21, but subject to this Division, on and after the day a notice is published in the Government Gazette under subsection (2), the conditions to which a licence to sell electricity held by a small retail licensee is subject include a condition requiring the small retail licensee to publish premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions (as the case requires).\n\nS. 40FG(4) amended by No. 64/2011 s. 9(4).\n\n(4) A small retail licensee that publishes premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions under subsection (2) must give a copy of those terms and conditions to the Minister within 7 days after publishing them.\n\n(5) If a small retail licensee decides to stop purchasing qualifying solar energy generation electricity from a qualifying customer during the premium solar feed-in tariff period for the qualifying customer, it may publish a notice to that effect.\n\nS. 40FG(5A) inserted by No. 64/2011 s. 9(5).\n\n(5A) If a small retail licensee decides to stop purchasing TFiT scheme electricity from a TFiT scheme customer during the TFiT scheme period for the TFiT scheme customer, it may publish a notice to that effect.\n\nS. 40FG(6) amended by No. 64/2011 s. 9(6).\n\n(6) On and after the day a small retail licensee publishes a notice under subsection (5) or (5A), subsection (3) ceases to apply to that small retail licensee.\n\nS. 40FG(7) amended by No. 64/2011 s. 9(6).\n\n(7) To avoid doubt, the publication by a small retail licensee of a notice under subsection (5) or (5A) does not prevent the small retail licensee from publishing another notice under subsection (2) to which this section will apply.\n\nS. 40FH (Heading) amended by No. 64/2011 s. 10(1).\n\nS. 40FH inserted by No. 41/2009 s. 5.\n\n\t40FH Distribution company licences to require credits for qualifying solar energy generation electricity and TFiT scheme electricity\n\n(1) This section applies to a distribution company—\n\n(a) whose licence to distribute electricity includes a condition of the kind provided for under section 21(d) (a ***use of system agreement condition***); and\n\n(b) that, in accordance with the use of system agreement condition, has entered into an agreement of the kind contemplated by section 21(d) with a relevant licensee or small retail licensee (a ***use of system agreement***).\n\n(2) Without limiting the generality of section 20(2) or 20(3) or section 21, the licence to distribute electricity held by that distribution company is deemed to include a condition requiring that distribution company to include in a use of system agreement with a relevant licensee or small retail licensee, a condition that credits to the relevant licensee or small retail licensee the amount of $0.60 per kilowatt-hour for qualifying solar energy generation electricity that is conveyed along a distribution system operated by that distribution company during the distributor obligation period.\n\nS. 40FH(2A) inserted by No. 64/2011 s. 10(2).\n\n(2A) Without limiting the generality of section 20(2) or (3) or section 21, the licence to distribute electricity held by that distribution company is deemed to include a condition requiring that distribution company to include in a use of system agreement with a relevant licensee or small retail licensee, a condition that credits to the relevant licensee or small retail licensee the amount of $0.25 per kilowatt-hour for TFiT scheme electricity that is conveyed along a distribution system operated by that distribution company during the distributor TFiT obligation period.\n\nS. 40FI inserted by No. 41/2009 s. 5.\n\n\t40FI Pass through of costs associated with credits for qualifying solar energy generation electricity\n\n(1) Despite anything to the contrary in this Act, the **Essential Services Commission Act 2001** or the 2006–2010 distribution pricing determination, the giving of a credit under a solar feed-in credit obligation is to be taken to also be a relevant pass through event that has a material financial impact on the distribution company for the purposes of the 2006–2010 distribution pricing determination during the distributor obligation period.\n\n***solar feed-in credit obligation*** means an obligation on a distribution company arising because of section 40FH(2).\n\nS. 40FJ inserted by No. 41/2009 s. 5.\n\n\t40FJ Distribution companies to report annually on connected qualifying solar energy generating facilities\n\nS. 40FJ(1) substituted by No. 64/2011 s. 11(1).\n\n(1) Without limiting the generality of section 20(2) or (3) or section 21, a licence to distribute electricity is deemed to include a condition requiring the distribution company holding the licence to, within one month after each reporting day, give to the Minister a report that specifies—\n\n(a) the number of qualifying solar energy generating facilities connected, on the reporting day, to a distribution system operated by that licensee; and\n\n(b) the aggregate installed or name-plate generating capacity of qualifying solar energy generating facilities connected, on the reporting day, to a distribution system operated by that licensee; and\n\nS. 40FJ(1)(c) amended by No. 46/2014 s. 6(1).\n\n(c) the total amount of qualifying solar energy generation electricity conveyed, in the 12 months prior to the reporting day, along a distribution system operated by that licensee.\n\nS. 40FJ(2) amended by No. 55/2010 s. 11(2), substituted by No. 64/2011 s. 11(1), amended by No. 46/2014 s. 6(2).\n\n(2) In subsection (1) ***reporting day*** means 31 December of every year.\n\nS. 40FJ(2A) inserted by No. 64/2011 s. 11(1), amended by No. 46/2014 s. 6(3)(a).\n\n(2A) Without limiting the generality of section 20(2) or (3) or section 21, a licence to distribute electricity is deemed to include a condition requiring the distribution company holding the licence to, within one month after every year, give to the Minister a report that specifies—\n\nS. 40FJ(2A)(a) amended by No. 46/2014 s. 6(3)(b).\n\n(a) the number of TFiT scheme generating facilities connected, at the end of the previous applicable year, to a distribution system operated by that licensee; and\n\nS. 40FJ(2A)(b) amended by No. 46/2014 s. 6(3)(b).\n\n(b) the aggregate installed or name-plate generating capacity of TFiT scheme generating facilities connected, at the end of the previous applicable year, to a distribution system operated by that licensee; and\n\nS. 40FJ(2A)(c) amended by No. 46/2014 s. 6(3)(b).\n\n(c) the total amount of TFIT scheme electricity conveyed, in the previous applicable year, along a distribution system operated by that licensee.\n\nS. 40FJ(2B) inserted by No. 64/2011 s. 11(1).\n\n(2B) Subsection (1) ceases to apply on 31 December 2024.\n\nS. 40FJ(2C) inserted by No. 64/2011 s. 11(1).\n\n(2C) Subsection (2A) ceases to apply on 31 December 2016.\n\nS. 40FJ(3) amended by Nos 64/2011 s. 11(2), 70/2013 s. 4(Sch. 2 item 15.1).\n\n(3) The Minister must include the information given to the Minister in respect of a year under subsection (1) or (2A) in the report of operations of the Department of State Development, Business and Innovation for that year under Part 7 of the **Financial Management Act 1994**.\n\nS. 40G inserted by No. 35/2007 s. 3, substituted by No. 41/2009 s. 6, amended by No. 28/2015 s. 3(1).\n\n\t40G Retailer licence condition relating to purchase of small renewable energy generation electricity\n\n(1) Without limiting the generality of section 20(2) or 20(3) or section 21, but subject to this Division, the conditions to which a licence to sell electricity held by a relevant licensee is subject include a condition requiring that licensee—\n\nS. 40G(1)(a) inserted by No. 28/2015 s. 3(1), substituted by No. 13/2025 s. 97C(1).\n\n(a) to publish general renewable energy feed-in terms and conditions including, but not limited to, a rate or rates for the purposes of section 40FBA; and\n\nS. 40G(1)(b) inserted by No. 28/2015 s. 3(1).\n\n(b) to, as soon as practicable after the licensee publishes the terms and conditions in accordance with this section but before the terms and conditions take effect, input the terms and conditions into an Internet site nominated by the Minister so that the terms and conditions are able to be published on the Internet.\n\nNote to s. 40G(1) inserted by No. 28/2015 s. 3(2).\n\nGeneral renewable energy feed-in terms and conditions take effect 2 months after they are published unless they have been referred to the Commission for assessment—see section 40H.\n\nS. 40G(1A) inserted by No. 13/2025 s. 97C(2).\n\n(1A) A rate included in the general renewable energy feed-in terms and conditions for the purposes of section 40FBA must not be less than $0.00 per kilowatt-hour.\n\n(2) A relevant licensee that publishes general renewable energy feed-in terms and conditions as required by the condition set out in subsection (1) must give a copy of those prices, terms and conditions to the Minister within 7 days after publishing them.\n\nS. 40GA inserted by No. 35/2013 s. 9.\n\n\t40GA Unilateral variation of general renewable energy feed-in terms and conditions prohibited\n\n(1) This section applies to a contract for the purchase by a relevant licensee of small renewable energy generation electricity from a relevant generator that is entered into before 1 January 2013.\n\n(2) Despite anything to the contrary in the contract, the contract cannot be varied to include terms and conditions equivalent to or the same as those specified under section 40FB(2) without the agreement in writing of both parties to the contract.\n\nS. 40H (Heading) amended by No. 41/2009 s. 7(1).\n\nS. 40H inserted by No. 35/2007 s. 3.\n\n","sortOrder":80},{"sectionNumber":"40H","sectionType":"section","heading":"When do published feed-in offers take effect?","content":"\t40H When do published feed-in offers take effect?\n\nS. 40H(1) substituted by No. 41/2009 s. 7(2), amended by Nos 64/2011 s. 12(1), 35/2013 s. 10(1).\n\n(1) Subject to this Division, general renewable energy feed-in terms and conditions, premium solar feed-in tariff terms and conditions and TFiT scheme terms and conditions take effect 2 months after they are published under section 40FF, 40FG or 40G.\n\nS. 40H(1A) inserted by No. 35/2013 s. 10(2).\n\n(1A) Subsection (1) does not apply to referred terms and conditions that have been referred to the Commission for assessment within 2 months after they are published under section 40FF, 40FG or 40G.\n\nS. 40H(2) amended by Nos 41/2009 s. 7(3), 35/2013 s. 10(3).\n\n(2) If referred terms and conditions referred to in subsection (1A) are, in a report under section 40J, assessed as fair and reasonable, those terms and conditions take effect—\n\nS. 40H(2)(a) amended by No. 41/2009 s. 7(3).\n\n(a) if notice of that report is published in accordance with section 40K on or before the day those terms and conditions would have taken effect but for their referral under section 40I(1)(a)—on that day;\n\n(b) in any other case—on the day notice of the making of that report is published in accordance with section 40K.\n\nS. 40H(3) substituted by No. 41/2009 s. 7(4), amended by No. 35/2013 s. 10(3).\n\n(3) To avoid doubt, referred terms and conditions referred to in subsection (1A)—\n\n(a) that are superseded by declared general feed-in terms and conditions are not to be taken to have taken effect;\n\nS. 40H(3)(b) amended by No. 64/2011 s. 12(2)(a).\n\n(b) that are superseded by declared premium solar feed-in terms and conditions are not to be taken to have taken effect;\n\nS. 40H(3)(c) inserted by No. 64/2011 s. 12(2)(b).\n\n(c) that are superseded by declared TFiT scheme terms and conditions are not to be deemed to have taken effect.\n\nS. 40H(4) inserted by No. 41/2009 s. 7(4).\n\n(4) In subsection (3)—\n\n***declared general feed-in terms and conditions*** means the terms and conditions declared under section 40M(2)(a) to apply to the purchases of small renewable energy generation electricity by the relevant licensee named in the declaration under that section;\n\nS. 40H(4) def. of *declared premium solar feed-in terms and conditions* amended by No. 64/2011 s. 12(3)(a).\n\n***declared premium solar feed-in terms and conditions*** means the terms and conditions declared under section 40MA(2)(a) to apply to the purchases of qualifying solar energy generation electricity by the relevant licensee or small retail licensee named in the declaration under that section;\n\nS. 40H(4) def. of *declared TFiT scheme terms and conditions* inserted by No. 64/2011 s. 12(3)(b).\n\n***declared TFiT scheme terms and conditions*** means the terms and conditions declared under section 40MAB(2)(a) to apply to the purchases of TFiT scheme electricity by the relevant licensee or small retail licensee named in the declaration under that section.\n\nS. 40I (Heading) amended by No. 41/2009 s. 8(1).\n\nS. 40I inserted by No. 35/2007 s. 3.\n\n","sortOrder":81},{"sectionNumber":"40I","sectionType":"section","heading":"Reference of small renewable energy generation electricity feed‑in offers to Commission","content":"\t40I Reference of small renewable energy generation electricity feed‑in offers to Commission\n\nS. 40I(1) substituted by No. 41/2009 s. 8(2).\n\n(1) The Minister, by written notice, may—\n\nS. 40I(1)(a) amended by No. 64/2011 s. 13(1).\n\n(a) refer general renewable energy feed-in terms and conditions, premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions to the Commission for assessment as to whether they are fair and reasonable if the Minister considers that, in either case, at least one term or condition may not be fair and reasonable; or\n\n(b) if a licensee is a non-complying licensee, request the Commission to determine—\n\n(i) in the case of a relevant licensee that has not complied with section 40G(1), fair and reasonable general renewable energy feed-in terms and conditions to apply to small renewable energy generation electricity purchased from a relevant generator by that licensee;\n\nS. 40I(1)(b)(ii) amended by No. 64/2011 s. 13(2).\n\n(ii) in the case of a relevant licensee that has not complied with section 40FF(1) or a small retail licensee that has not complied with section 40FG(3), premium solar feed-in tariff terms and conditions to apply to qualifying solar energy generation electricity purchased from a qualifying customer by that relevant licensee or small retail licensee;\n\nS. 40I(1)(b)(iii) inserted by No. 64/2011 s. 13(3).\n\n(iii) in the case of a relevant licensee that has not complied with section 40FF(1) or a small retail licensee that has not complied with section 40FG(3), TFiT scheme terms and conditions to apply to TFiT scheme electricity purchased from a TFiT scheme customer by that relevant licensee or small retail licensee.\n\nS. 40I(2) amended by Nos 41/2009 s. 8(2), 64/2011 s. 13(4), repealed by No. 35/2013 s. 11.\n\n(3) As soon as practicable after a notice under subsection (1) is given to the Commission, the Commission must publish the notice—\n\n(a) in the Government Gazette; and\n\n(b) in a daily newspaper generally circulating in Victoria; and\n\n(c) on the Commission's Internet site.\n\nS. 40J (Heading) amended by No. 41/2009 s. 9(1).\n\nS. 40J inserted by No. 35/2007 s. 3.\n\n","sortOrder":82},{"sectionNumber":"40J","sectionType":"section","heading":"Commission assessment of small renewable energy generation feed-in terms or conditions","content":"\t40J Commission assessment of small renewable energy generation feed-in terms or conditions\n\n(1) The Commission must—\n\nS. 40J(1)(a) amended by No. 41/2009 s. 9(2).\n\n(a) assess referred terms and conditions as to whether they are fair and reasonable; and\n\n(b) report to the Minister on that assessment.\n\nS. 40J(2) substituted by No. 41/2009 s. 9(3), amended by No. 64/2011 s. 14(1)(a).\n\n(2) In the case of referred terms and conditions that are premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions, the Commission must not—\n\nS. 40J(2)(a) amended by No. 64/2011 s. 14(1)(b).\n\n(a) assess the statutory minimum conditions or statutory minimum TFiT scheme conditions as to whether they are fair and reasonable; or\n\nS. 40J(2)(b) substituted by No. 64/2011 s. 14(1)(c).\n\n(b) recommend—\n\n(i) any amount or price for qualifying solar energy generation electricity supplied by a qualifying customer to a relevant licensee or a small retail licensee that differs from the premium solar feed-in credit; or\n\n(ii) any amount or price for TFiT scheme electricity supplied by a TFiT scheme customer to a relevant licensee or a small retail licensee that differs from the TFiT scheme feed-in credit.\n\nS. 40J(2A) inserted by No. 41/2009 s. 9(3).\n\n(2A) If the Commission assesses any of the referred terms and conditions as not being fair and reasonable, the Commission must, in its report to the Minister—\n\n(a) in the case of referred terms and conditions that are general renewable energy feed-in terms and conditions, recommend to the Minister prices, terms and conditions it considers are fair and reasonable;\n\nS. 40J(2A)(b) amended by No. 64/2011 s. 14(2).\n\n(b) in the case of referred terms and conditions that are premium solar feed-in tariff terms and conditions or TFiT scheme terms and conditions, recommend to the Minister terms and conditions it considers are fair and reasonable.\n\nS. 40J(3) amended by No. 41/2009 s. 9(4).\n\n(3) ESC recommended general feed-in terms and conditions must include either or both of the following—\n\n(a) a variation to any price, term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable to make that price, term or condition fair and reasonable;\n\n(b) a new price, term or condition to apply in substitution of a price, term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable.\n\nS. 40J(3A) inserted by No. 41/2009 s. 9(5).\n\n(3A) ESC recommended premium solar feed-in terms and conditions must include—\n\n(a) terms and conditions that are consistent with the statutory minimum conditions; and\n\n(b) either or both of the following—\n\n(i) a variation to any other term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable to make that term or condition fair and reasonable;\n\n(ii) a new term or condition to apply in substitution of a term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable.\n\nS. 40J(3B) inserted by No. 64/2011 s. 14(3).\n\n(3B) ESC recommended TFiT scheme terms and conditions must include—\n\n(a) terms and conditions that are consistent with the statutory minimum TFiT scheme conditions; and\n\n(b) either or both of the following—\n\n(i) a variation to any other term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable to make that term or condition fair and reasonable;\n\n(ii) a new term or condition to apply in substitution of a term or condition that the Commission has (as part of the assessment) assessed as not being fair and reasonable.\n\nS. 40J(4) amended by Nos 41/2009 s. 9(6), 64/2011 s. 14(4).\n\n(4) A decision of the Commission relating to an assessment, or a recommendation in a report (including ESC recommended general feed-in terms and conditions, ESC recommended premium solar feed-in terms and conditions and ESC recommended TFiT scheme terms and conditions), under this section is not a determination for the purposes of the **Essential Services Commission Act 2001**.\n\nS. 40K inserted by No. 35/2007 s. 3, amended by No. 41/2009 s. 10.\n\n","sortOrder":83},{"sectionNumber":"40K","sectionType":"section","heading":"Certain Commission assessment reports to be made publicly available","content":"\t40K Certain Commission assessment reports to be made publicly available\n\nIf, in a report under section 40J, the Commission assesses referred terms and conditions as fair and reasonable, the Commission must—\n\n(a) publish notice of the making of that report in the Government Gazette; and\n\n(b) publish that report on its Internet site.\n\nS. 40L inserted by No. 35/2007 s. 3.\n\n","sortOrder":84},{"sectionNumber":"40L","sectionType":"section","heading":"Commission determination of small renewable energy generation prices, terms and conditions","content":"\t40L Commission determination of small renewable energy generation prices, terms and conditions\n\nS. 40L(1) substituted by No. 41/2009 s. 11.\n\n(1) The Commission must determine—\n\n(a) the prices, terms and conditions on the Minister's request under section 40I(1)(b)(i);\n\nS. 40L(1)(b) amended by No. 64/2011 s. 15(1).\n\n(b) the terms and conditions on the Minister's request under section 40I(1)(b)(ii);\n\nS. 40L(1)(c) inserted by No. 64/2011 s. 15(2).\n\n(c) the terms and conditions on the Minister's request under section 40I(1)(b)(iii).\n\nS. 40L(2) substituted by No. 41/2009 s. 11.\n\n(2) The Commission must report to the Minister on a determination under subsection (1).\n\nS. 40L(2A) inserted by No. 41/2009 s. 11.\n\n(2A) Prices, terms and conditions that are determined under subsection (1)(a) must be fair and reasonable.\n\nS. 40L(2B) inserted by No. 41/2009 s. 11.\n\n(2B) Terms and conditions determined under subsection (1)(b)—\n\n(a) must include terms and conditions that are consistent with the statutory minimum conditions; and\n\n(b) in the case of terms and conditions that are not the statutory minimum conditions, must be fair and reasonable.\n\nS. 40L(2C) inserted by No. 64/2011 s. 15(3).\n\n(2C) Terms and conditions determined under subsection (1)(c)—\n\n(a) must include terms and conditions that are consistent with the statutory minimum TFiT scheme conditions; and\n\n(b) in the case of terms and conditions that are not the statutory minimum TFiT scheme conditions, must be fair and reasonable.\n\n(3) A determination of the Commission under this section is not a determination for the purposes of the **Essential Services Commission Act 2001**.\n\nS. 40M inserted by No. 35/2007 s. 3, substituted by No. 41/2009 s. 12.\n\n","sortOrder":85},{"sectionNumber":"40M","sectionType":"section","heading":"Declaration of small renewable energy generation electricity general feed-in terms and conditions","content":"\t40M Declaration of small renewable energy generation electricity general feed-in terms and conditions\n\n(a) section 40J containing ESC recommended general feed-in terms and conditions; or\n\n(b) section 40L containing ESC determined general feed-in terms and conditions.\n\n(a) ESC recommended general feed-in terms and conditions apply to the purchase of small renewable energy generation electricity by the relevant licensee named in the declaration whose prices, terms and conditions were assessed by the Commission as not being fair and reasonable;\n\n(b) ESC determined general feed-in terms and conditions apply to the purchase of small renewable energy generation electricity by the non-complying licensee named in the declaration.\n\nS. 40MAA inserted by No. 28/2015 s. 4.\n\n\t40MAA Relevant licensee must input declared general feed-in terms and conditions into Minister nominated Internet site\n\n(1) This section applies to a relevant licensee named in a declaration under section 40M.\n\n(2) The relevant licensee must, as soon as practicable after the declaration is published in the Government Gazette, input the ESC recommended general feed-in terms and conditions or ESC determined general feed‑in terms and conditions that are the subject of the declaration into an Internet site nominated by the Minister so that the terms and conditions are able to be published on the Internet.\n\nThe relevant licensee must also publish the ESC recommended general feed-in terms and conditions or ESC determined general feed-in terms and conditions on its Internet site—see section 40N.\n\nS. 40MA inserted by No. 41/2009 s. 12.\n\n\t40MA Declaration of qualifying solar energy generation electricity premium solar feed‑in terms and conditions\n\n(a) section 40J containing ESC recommended premium solar feed-in terms and conditions; or\n\n(b) section 40L containing ESC determined premium solar feed-in terms and conditions.\n\n(a) ESC recommended premium solar feed-in terms and conditions apply to the purchase of qualifying solar energy generation electricity by the relevant licensee or small retail licensee named in the declaration whose terms and conditions were assessed by the Commission as not being fair and reasonable;\n\n(b) ESC determined premium solar feed-in terms and conditions apply to the purchase of qualifying solar energy generation electricity by the non-complying licensee named in the declaration.\n\nS. 40MAB inserted by No. 64/2011 s. 16.\n\n\t40MAB Declaration of TFiT scheme terms and conditions\n\n(a) section 40J containing ESC recommended TFiT scheme terms and conditions; or\n\n(b) section 40L containing ESC determined TFiT scheme terms and conditions.\n\n(a) ESC recommended TFiT scheme terms and conditions apply to the purchase of TFiT scheme electricity by the relevant licensee or small retail licensee named in the declaration whose terms and conditions were assessed by the Commission as not being fair and reasonable;\n\n(b) ESC determined TFiT scheme terms and conditions apply to the purchase of TFiT scheme electricity by the non-complying licensee named in the declaration.\n\nS. 40MB inserted by No. 41/2009 s. 12.\n\n\t40MB When do declared ESC recommended feed-in terms or conditions take effect?\n\n(1) Declared ESC recommended feed-in terms and conditions—\n\n(a) supersede the referred terms and conditions related to those recommended feed-in terms and conditions and that the Commission has assessed in a report under section 40J as not being fair and reasonable; and\n\n(b) take effect on—\n\nS. 40MB  \n(1)(b)(i) amended by No. 64/2011 s. 17(1).\n\n(i) the day the relevant notice is published in the Government Gazette under section 40M(2)(a), 40MA(2)(a) or 40MAB(2)(a) (as the case requires); or\n\n(ii) if the notice specifies a later day, that day.\n\n(2) In subsection (1)—\n\nS. 40MB(2) def. of *declared ESC recommen-ded feed-in terms and conditions* amended by No. 64/2011 s. 17(2).\n\n***declared ESC recommended feed-in terms and conditions*** means—\n\n(a) the prices, terms and conditions that have been declared under section 40M(2)(a) to apply to the purchase of small renewable energy generation electricity; or\n\n(b) the terms and conditions that have been declared under section 40MA(2)(a) to apply to the purchase of qualifying solar energy generation electricity;\n\n(c) the terms and conditions that have been declared under section 40MAB(2)(a) to apply to the purchase of TFiT scheme electricity.\n\nS. 40MC inserted by No. 41/2009 s. 12.\n\n\t40MC When do declared ESC determined feed‑in terms or conditions take effect?\n\n(1) Declared ESC determined feed-in terms and conditions take effect on—\n\nS. 40MC(1)(a) amended by No. 64/2011 s. 18(1).\n\n(a) the day the relevant notice is published in the Government Gazette under section 40M(2)(b), 40MA(2)(b) or 40MAB(2)(b) (as the case requires); or\n\n(b) if the notice specifies a later day, that day.\n\n(2) In subsection (1)—\n\nS. 40MC(2) def. of *declared ESC determined feed-in terms and conditions* amended by No. 64/2011 s. 18(2).\n\n***declared ESC determined feed-in terms and conditions*** means—\n\n(a) the prices, terms and conditions that have been declared under section 40M(2)(b) to apply to the purchase of small renewable energy generation electricity; or\n\n(b) the terms and conditions that have been declared under section 40MA(2)(b) to apply to the purchase of qualifying solar energy generation electricity;\n\n(c) the terms and conditions that have been declared under section 40MAB(2)(b) to apply to the purchase of TFiT scheme electricity.\n\nS. 40MD inserted by No. 41/2009 s. 12.\n\n\t40MD Licence condition applying to relevant licensee named in Ministerial declaration\n\nA licence to sell electricity held by a relevant licensee named in—\n\n(a) a declaration under section 40M(2) is deemed to include a condition requiring that licensee to offer to purchase small renewable energy generation electricity from a relevant generator at the prices, and on the terms and conditions, declared under that declaration to apply to those purchases;\n\nS. 40MD(b) amended by No. 64/2011 s. 19(a).\n\n(b) a declaration under section 40MA(2) is deemed to include a condition requiring that licensee to offer to purchase qualifying solar energy generation electricity from a qualifying customer on the terms and conditions declared under that declaration to apply to those purchases;\n\nS. 40MD(c) inserted by No. 64/2011 s. 19(b).\n\n(c) a declaration under section 40MAB(2) is deemed to include a condition requiring that licensee to offer to purchase TFiT scheme electricity from a TFiT scheme customer on the terms and conditions declared under that declaration to apply to those purchases.\n\nS. 40ME inserted by No. 41/2009 s. 12, amended by No. 64/2011 s. 20 (ILA s. 39B(1)).\n\n\t40ME Licence condition applying to small retail licensee named in Ministerial declaration\n\n(1) A licence to sell electricity held by a small retail licensee named in a declaration under section 40MA(2) is deemed to include a condition requiring that licensee to offer to purchase qualifying solar energy generation electricity from a qualifying customer on the terms and conditions declared under that declaration to apply to those purchases.\n\nS. 40ME(2) inserted by No. 64/2011 s. 20.\n\n(2) A licence to sell electricity held by a small retail licensee named in a declaration under section 40MAB(2) is deemed to include a condition requiring that licensee to offer to purchase TFiT scheme electricity from a TFiT scheme customer on the terms and conditions declared under that declaration to apply to those purchases.\n\nS. 40N inserted by No. 35/2007 s. 3.\n\n\t40N Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers\n\nS. 40N(1) amended by No. 41/2009 s. 13(1)(a).\n\n(1) A relevant licensee that publishes general renewable energy feed-in terms and conditions in accordance with the condition set out in section 40G(1) must—\n\nS. 40N(1)(a) amended by No. 41/2009 s. 13(1)(b)(c).\n\n(a) if those terms and conditions become referred terms and conditions, publish on its Internet site a note informing the public of that referral and that explains the effect of that referral; and\n\nS. 40N(1)(b) amended by No. 41/2009 s. 13(1)(b)(d).\n\n(b) if those terms and conditions are superseded by ESC recommended general feed-in terms and conditions declared under section 40M(2) as applying to purchases of small renewable energy generation electricity by that licensee, publish on its Internet site—\n\nS. 40N(1)(b)(ii) amended by No. 41/2009 s. 13(1)(d).\n\n(ii) the ESC recommended general feed-in terms and conditions that apply; and\n\nS. 40N(1)(b)(iii) amended by No. 41/2009 s. 13(1)(d).\n\n(iii) the day on which those ESC recommended general feed-in terms and conditions take effect.\n\n(2) A non-complying licensee must publish on its Internet site—\n\nS. 40N(2)(a) amended by No. 41/2009 s. 13(2).\n\n(a) ESC determined general feed-in terms and conditions that have been declared under section 40M(2) as applying to purchases of small renewable energy generation electricity by that licensee; and\n\nS. 40N(2)(b) amended by No. 41/2009 s. 13(2).\n\n(b) the day on which those ESC determined general feed-in terms and conditions take effect.\n\nS. 40NA inserted by No. 41/2009 s. 14.\n\n\t40NA Retailer Internet site must be up to date for premium solar feed-in tariff offers\n\n(1) A relevant licensee that publishes premium solar feed-in tariff terms and conditions in accordance with the condition set out in section 40FF(1) or a small retail licensee that publishes premium solar feed-in tariff terms and conditions in accordance with the condition set out in section 40FG(3) must—\n\n(a) if those terms and conditions become referred terms and conditions, publish on its Internet site a note informing the public of that referral and that explains the effect of that referral; and\n\n(b) if those terms and conditions are superseded by terms and conditions declared under section 40MA(2)(a) as applying to purchases of qualifying solar energy generation electricity by the licensee, publish on its Internet site—\n\n(ii) the terms and conditions that apply; and\n\n(iii) the day on which the terms and conditions that apply take effect.\n\n(2) A relevant licensee or small retail licensee that is a non-complying licensee must publish on its Internet site—\n\n(a) the terms and conditions that have been declared under section 40MA(2)(b) as applying to purchases of qualifying solar energy generation electricity by the licensee; and\n\n(b) the day on which the terms and conditions that apply take effect.\n\nS. 40NB inserted by No. 41/2009 s. 14, substituted by No. 64/2011 s. 21.\n\n\t40NB Retailer Internet site must be up to date for transitional feed‑in tariff offers\n\n(1) A relevant licensee that publishes TFiT scheme terms and conditions in accordance with the condition set out in section 40FF(1) or a small retail licensee that publishes TFiT scheme terms and conditions in accordance with the condition set out in section 40FG(3) must—\n\n(a) if those terms and conditions become referred terms and conditions, publish on its Internet site a note informing the public of that referral and that explains the effect of that referral; and\n\n(b) if those terms and conditions are superseded by terms and conditions declared under section 40MAB(2)(a) as applying to purchases of TFiT scheme electricity by the licensee, publish on its Internet site—\n\n(ii) the terms and conditions that apply; and\n\n(iii) the day on which the terms and conditions that apply take effect.\n\n(2) A relevant licensee or small retail licensee that is a non-complying licensee must publish on its Internet site—\n\n(a) the terms and conditions that have been declared under section 40MAB(2)(b) as applying to purchases of TFiT scheme electricity by the licensee; and\n\n(b) the day on which the terms and conditions that apply take effect.\n\nS. 40NC inserted by No. 64/2011 s. 21, amended by Nos 70/2013 s. 4(Sch. 2 item 15.2), 46/2014 s. 7, repealed by No. 14/2025 s. 28.\n\nPt 2 Div. 5B (Heading and ss 40O–40S) inserted by No. 59/2008 s. 15.\n\n","sortOrder":86},{"sectionNumber":"Div 5B","sectionType":"division","heading":"Condition relating to greenhouse gas emissions and","content":"Division 5B—Condition relating to greenhouse gas emissions and  \nenergy efficiency benchmarking information\n\nS. 40O inserted by No. 59/2008 s. 15.\n\n","sortOrder":87},{"sectionNumber":"40O","sectionType":"section","heading":"Definitions","content":"\t40O Definitions\n\n***bill benchmarking information*** has the meaning given by section 40P;\n\n***provide***, in relation to bill benchmarking information, means—\n\n(a) include in, or accompany, a bill issued for the supply or sale of electricity to a residential customer; or\n\n(b) give in another manner approved by the Commission;\n\n***residential customer*** means a person, or a member of a class of persons, to whom an Order under section 40Q(1) applies.\n\nS. 40P inserted by No. 59/2008 s. 15.\n\n","sortOrder":88},{"sectionNumber":"40P","sectionType":"section","heading":"Meaning of bill benchmarking information","content":"\t40P Meaning of bill benchmarking information\n\nBill benchmarking information is information that enables a residential customer to—\n\n(a) make a comparison between—\n\n(i) the use of electricity at the residential customer's place of supply; and\n\n(ii) the average use of electricity at similar places of supply; and\n\n(b) assess whether the use of electricity at the residential customer's place of supply is above, equal or below the average use of electricity at similar places of supply.\n\nS. 40Q inserted by No. 59/2008 s. 15.\n\n","sortOrder":89},{"sectionNumber":"40Q","sectionType":"section","heading":"Declaration of residential customers","content":"\t40Q Declaration of residential customers\n\n(1) The Governor in Council, by Order published in the Government Gazette, may declare that a person or a class of persons specified in the Order is, for the purposes of section 40R(b), a residential customer or class of residential customers.\n\n(2) An Order under subsection (1) may specify a class of persons by reference to all or any of the following—\n\nS. 40R inserted by No. 59/2008 s. 15.\n\n","sortOrder":90},{"sectionNumber":"40R","sectionType":"section","heading":"Condition relating to greenhouse gas emissions and energy efficiency benchmarking information","content":"\t40R Condition relating to greenhouse gas emissions and energy efficiency benchmarking information\n\nA licence to sell electricity is deemed to include a condition requiring the licensee to—\n\n(a) include in each bill issued to a customer for the supply or sale of electricity the information concerning greenhouse gas emissions connected with the generation of the electricity so supplied or electricity generation in general that the Commission specifies for this purpose in its guidelines; or\n\n(b) provide bill benchmarking information to a residential customer.\n\nS. 40S inserted by No. 59/2008 s. 15.\n\n","sortOrder":91},{"sectionNumber":"40S","sectionType":"section","heading":"Commission guidelines relating to greenhouse gas emissions information condition","content":"\t40S Commission guidelines relating to greenhouse gas emissions information condition\n\n(1) The Commission must prepare and issue guidelines for the purposes of section 40R(a).\n\n(2) The Commission may amend any guidelines issued under subsection (1).\n\n(3) The Commission must consult with Sustainability Victoria before issuing a guideline under subsection (1) or amending a guideline issued under that subsection.\n\n(4) The Commission must publish each guideline issued under subsection (1) and each amendment of a guideline.\n\nPt 2 Div. 5BA (Heading and s. 40SAA) inserted by No. 14/2024 s. 20.\n\nDivision 5BA—Offshore wind energy generation companies\n\nS. 40SAA inserted by No. 14/2024 s. 20.\n\n\t40SAA Minister may declare an offshore wind energy generation company\n\nThe Minister, by notice published in the Government Gazette, may declare a person to be an offshore wind energy generation company.\n\nPt 2 Div. 5C (Headings and ss 40SA–40SW) inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\nDivision 5C—Disconnection of supply of electricity\n\nSubdivision 1—Preliminary\n\nS. 40SA inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SA Definitions\n\n***acceptable identification*** means—\n\n(a) a document specified under an applicable Code for the purposes of this paragraph which contains information identifying a relevant customer; or\n\n(b) information specified under an applicable Code for the purposes of this paragraph identifying a relevant customer;\n\n***applicable Code*** means a Code of Practice which specifies that it applies for the purposes of this Division;\n\n***business day*** means a day that is not—\n\n(a) a Saturday or Sunday; or\n\n(b) a public holiday;\n\n***carry-over customer*** means a person described in section 40SB(2)(a);\n\n***disconnection related complaint*** means a complaint made by a relevant customer that is directly related to the grounds for a retailer's or an exempt electricity seller's proposed disconnection of the supply of electricity at the customer's premises under—\n\n(a) the retailer's or exempt electricity seller's standard complaints and dispute resolution procedures; or\n\n(b) a customer dispute resolution scheme approved by the Commission under section 28;\n\n***disconnection warning notice*** means a notice, specifying the matters required to be specified under an applicable Code, warning a relevant customer that the supply of electricity at the customer's premises will be or may be disconnected;\n\n***electricity payment assistance application*** means an application to an entity  responsible for a rebate, concession or relief scheme available under any government funded electricity charge rebate, concession or relief scheme;\n\n***exempt distributor*** means a relevant exempt person (within the meaning of section 33B) who distributes or supplies electricity;\n\n***exempt electricity seller*** means a relevant exempt person (within the meaning of section 33B) who sells electricity;\n\n***gas distribution company*** has the same meaning as in the **Gas Industry Act 2001**;\n\n***gas retailer*** has the same meaning as in the **Gas Industry Act 2001**;\n\n***intention to disconnect notice*** means a notice, specifying the matters required to be specified under an applicable Code, notifying a relevant customer of a retailer's or an exempt electricity seller's intention to arrange for the supply of electricity at the customer's premises to be disconnected;\n\n***life support customer*** means—\n\n(a) a relevant customer who is a life support resident; or\n\n(b) a relevant customer at whose premises a life support resident (who is not the relevant customer) resides or intends to reside;\n\n***life support customer details***, in relation to a relevant customer, means—\n\n(a) information that evidences that the relevant customer is a life support customer; and\n\n(b) the personal details of each life support resident residing or intending to reside at the premises of the life support customer; and\n\n(c) the date from which life support equipment is required at the premises of the life support customer by each life support resident;\n\n***life support equipment*** means any of the following—\n\n(a) an oxygen concentrator;\n\n(b) an intermittent peritoneal dialysis machine;\n\n(c) a kidney dialysis machine;\n\n(d) a chronic positive airways pressure respirator;\n\n(e) crigler najjar syndrome phototherapy equipment;\n\n(f) a ventilator for life support;\n\n(g) any other equipment requiring electricity that a registered medical practitioner certifies is required for a life support resident;\n\n(h) equipment (other than equipment referred to in paragraphs (a) to (g)) specified under an applicable Code for the purposes of this definition;\n\n***life support resident*** means a person who requires life support equipment;\n\n***move-in customer*** means a person described in section 40SB(2)(b);\n\n***protected period*** means—\n\n(a) the period of a business day—\n\n(i) for a residential customer—before 8 a.m. or after 2 p.m.; or\n\n(ii) for a small business customer—before 8 a.m. or after 3 p.m.; or\n\n(b) a Friday; or\n\n(c) a weekend or a public holiday; or\n\n(d) the day before a public holiday; or\n\n(e) the days starting on 20 December and ending at midnight on 31 December in any year; or\n\n(f) a period specified under an applicable Code for the purposes of this definition;\n\n***public holiday*** means a day appointed under the **Public Holidays Act 1993**;\n\n***register of life support customers and residents*** means a register established and maintained under section 40SV;\n\n***registered life support customer***, in relation to a retailer or an exempt electricity seller, means a life support customer who is registered in the register of life support customers and residents established and maintained by that retailer or exempt electricity seller, as the case requires;\n\n***relevant assistance*** means assistance—\n\n(a) in accordance with a financial hardship policy within the meaning of section 41; or\n\n(b) specified under an applicable Code for the purposes of this definition;\n\n***relevant customer*** has the meaning given by section 40SB;\n\n***reminder notice*** means a notice, specifying the matters required to be specified under an applicable Code, reminding a relevant customer that payment of an electricity bill is required;\n\n***residential customer*** means a relevant customer who purchases electricity principally for personal, household or domestic use;\n\n***security deposit*** means an amount of money paid or payable under a supply and sale contract as a security against non‑payment of an electricity bill;\n\n***small business customer*** means a relevant customer who is not a residential customer.\n\nS. 40SB inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SB Meaning of *relevant customer*\n\n(1) In this Division, a ***relevant customer*** is—\n\n(a) in relation to a retailer, a relevant customer within the meaning of section 36(6); or\n\nA relevant customer of a retailer includes a person who has a deemed contract with the retailer under section 39(1) or (2).\n\n(b) in relation to an exempt electricity seller, a person—\n\n(i) to whom the exempt electricity seller supplies or sells electricity under a supply and sale contract; and\n\n(ii) whose total consumption of electricity supplied or sold by the exempt electricity seller does not exceed more than 40 megawatt hours in any given year.\n\n(2) In addition, for the purposes of this Division, a ***relevant customer***, in relation to an exempt electricity seller, includes either of the following—\n\n(a) a person—\n\n(i) who continues to take electricity supplied by the exempt electricity seller at the person's premises after the person's supply and sale contract with the exempt electricity seller has ended or been terminated and that contract does not provide for the electricity to be consumed after the contract's end or termination; and\n\n(ii) who was a relevant customer as set out under subsection (1)(b);\n\n(b) a person who takes electricity supplied by the exempt electricity seller without having entered into a supply and sale contract with the exempt electricity seller.\n\nS. 40SC inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SC Objects\n\nWithout limiting section 10(c), the objects of this Division are—\n\n(a) to recognise the essential nature of the supply of electricity; and\n\n(b) to have regard to community expectations that ongoing access to electricity will be available; and\n\n(c) to have regard to community expectations that the supply of electricity to premises will not be disconnected solely because of a customer's inability to pay for the electricity supply; and\n\n(d) to promote the principle that the supply of electricity to premises should only be disconnected as a last resort.\n\nSubdivision 2—Offences\n\nS. 40SD inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SD Knowingly or recklessly disconnecting supply of electricity at premises\n\n(1) A retailer or an exempt electricity seller who arranges for the supply of electricity at a relevant customer's premises to be disconnected other than in accordance with Subdivision 3, and knows, or is reckless as to whether, the disconnection is not in accordance with that Subdivision, is guilty of an offence and liable to a penalty not exceeding—\n\n(2) An offence against subsection (1) is an indictable offence.\n\nS. 40SE inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SE Disconnection of supply of electricity at premises\n\n(1) A retailer or an exempt electricity seller must not arrange for the supply of electricity at a relevant customer's premises to be disconnected except in accordance with Subdivision 3.\n\n(2) A retailer or an exempt electricity seller who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding—\n\nS. 40SE(3) repealed by No. 18/2024 s. 38(1).\n\nNote to s. 40SE repealed by No. 18/2024 s. 38(2).\n\nS. 40SF inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SF Knowingly or recklessly disconnecting supply of electricity at premises of life support customer\n\n(1) A retailer or an exempt electricity seller commits an offence if the retailer or exempt electricity seller—\n\n(a) knows the relevant customer is a life support customer; and\n\nS. 40SF(1)(b) amended by No. 18/2024 s. 24.\n\n(b) does not add the life support customer details for that customer to the retailer's or exempt electricity seller's register of life support customers and residents within one business day after being advised, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that the relevant customer is a life support customer; and\n\n(c) arranges for the supply of electricity at that customer's premises to be disconnected.\n\n(2) A retailer or an exempt electricity seller commits an offence if—\n\n(a) the retailer or exempt electricity seller is reckless as to whether the relevant customer is a life support customer; and\n\n(b) as a result of that recklessness the retailer or exempt electricity seller does not add the life support customer details for that customer to the retailer's or exempt electricity seller's register of life support customers and residents; and\n\n(c) the retailer or exempt electricity seller arranges for the supply of electricity at the customer's premises to be disconnected.\n\n(3) A retailer or an exempt electricity seller commits an offence if the retailer or exempt electricity seller—\n\n(a) knowingly or recklessly removes any life support customer details relating to a registered life support customer from the retailer's or exempt electricity seller's register of life support customers and residents; and\n\n(b) arranges for the supply of electricity at that customer's premises to be disconnected.\n\n(4) A retailer or an exempt electricity seller who commits an offence against subsection (1), (2) or (3) is liable to a penalty not exceeding—\n\n(5) A retailer or an exempt electricity seller does not commit an offence against subsection (3) if any life support customer details are removed from the retailer's or exempt electricity seller's register of life support customers and residents, as the case requires—\n\n(a) at the request of the registered life support customer in accordance with an applicable Code; or\n\n(b) as provided under an applicable Code.\n\n(6) An offence against subsection (1), (2) or (3) is an indictable offence.\n\nS. 40SG (Heading) amended by No. 18/2024 s. 25(1).\n\nS. 40SG inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SG Life support customers and residents—retailer obligations when advised or notified\n\nS. 40SG(1) amended by No. 18/2024 s. 25(2).\n\n(1) Within one business day after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises,  a retailer must record in a register of life support customers and residents the life support customer details.\n\nS. 40SG(2) amended by No. 18/2024 s. 25(2).\n\n(2) A retailer who is advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides or is intending to reside at the relevant customer's premises, must, if the life support equipment at the premises is or will be powered by electricity and gas and the retailer is not the gas retailer supplying gas at the relevant customer's premises, inform the customer, within one business day after being advised, that the customer should inform the gas retailer supplying gas at the relevant customer's premises that a life support resident resides, or is intending to reside, at the relevant customer's premises.\n\nS. 40SG(3) amended by No. 18/2024 s. 25(2).\n\n(3) Within 5 business days after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must give to the customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.\n\nS. 40SG(4) amended by No. 18/2024 s. 25(2).\n\n(4) Within one business day after being advised by a relevant customer, or notified by the AER, a failed retailer or an insolvency official under the National Energy Retail Law (Victoria), that a life support resident resides, or is intending to reside, at the relevant customer's premises, a retailer must, in accordance with an applicable Code—\n\n(a) if the life support equipment required by the life support resident is powered only by electricity, give the details specified under an applicable Code for the purposes of this paragraph to the distribution company that distributes electricity to those premises; or\n\n(b) if the life support equipment required by the life support resident is powered by electricity and gas and the retailer is also a gas retailer supplying gas at the relevant customer's premises, give the details specified under an applicable Code for the purposes of this paragraph—\n\n(i) to the distribution company that distributes electricity to those premises; and\n\n(ii) to the gas distribution company that provides services to the customer at the premises by means of a distribution pipeline (within the meaning of the **Gas Industry Act 2001**).\n\n(4A) A retailer who contravenes subsection (1), (2), (3) or (4) commits an offence against that subsection and is liable to a penalty not exceeding—\n\nS. 40SG(4B) repealed by No. 18/2024 s. 38(1).\n\n(5) Subsection (4)(a) does not apply to a retailer in the circumstances specified under an applicable Code.\n\nNote to s. 40SG repealed by No. 18/2024 s. 38(2).\n\nS. 40SH inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SH Life support customers and residents—retailer obligations when advised by distribution company or gas distribution company\n\n(1) Within one business day after a retailer is advised by a distribution company or a gas distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the retailer, the retailer must record in a register of life support customers and residents the life support customer details.\n\n(2) Within 5 business days after a retailer is advised by a distribution company or a gas distribution company that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the retailer,  the retailer must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.\n\n(3) A retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding—\n\nS. 40SH(4) repealed by No. 18/2024 s. 38(1).\n\nNote to s. 40SH repealed by No. 18/2024 s. 38(2).\n\nS. 40SI inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SI Life support customers and residents—retailer obligations when advised by exempt electricity sellers\n\n(1) Within one business day after being advised by an exempt electricity seller to whom section 40SJ(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt electricity seller,  a retailer must record in a register of life support customers and residents the life support customer details.\n\n(2) Within one business day after being advised by an exempt electricity seller to whom section 40SJ(4) applies that a life support resident resides, or is intending to reside at the premises of a relevant customer of the exempt electricity seller,  a retailer must give the distribution company that distributes electricity at those premises the details specified under an applicable Code for the purposes of this subsection.\n\n(3) A retailer who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding—\n\nS. 40SI(4) repealed by No. 18/2024 s. 38(1).\n\nNote to s. 40SI repealed by No. 18/2024 s. 38(2).\n\nS. 40SJ inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SJ Life support customers and residents—exempt electricity seller obligations when advised by relevant customer\n\n(1) Within one business day after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises, an exempt electricity seller must record in a register of life support customers and residents the life support customer details.\n\n(2) An exempt electricity seller who is advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises must, if the life support equipment required by the life support resident is powered by electricity and gas, inform the customer within one business day after being advised, that the customer should inform the gas retailer supplying gas at the relevant customer's premises that the customer is a life support customer.\n\n(3) Within 5 business days after being advised by a relevant customer that a life support resident resides, or is intending to reside, at the relevant customer's premises,  an exempt electricity seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.\n\n(4) If—\n\n(a) a relevant customer advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and\n\n(b) the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer—\n\nthe exempt electricity seller must, within one business day after being advised, give the retailer the details specified under an applicable Code for the purposes of this subsection.\n\n(5) If—\n\n(a) a relevant customer advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the relevant customer's premises; and\n\n(b) the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer; and\n\n(c) that electricity is distributed by an exempt distributor—\n\nthe exempt electricity seller must, within one business day after that advice, give the exempt distributor the details specified under an applicable Code for the purposes of this subsection.\n\n(5A) An exempt electricity seller who contravenes subsection (1), (2), (3), (4) or (5) commits an offence against that subsection and is liable to a penalty not exceeding—\n\nS. 40SJ(5B) repealed by No. 18/2024 s. 38(1).\n\n(6) Subsection (5) does not apply to an exempt electricity seller in the circumstances specified under an applicable Code.\n\nNote to s. 40SJ repealed by No. 18/2024 s. 38(2).\n\nS. 40SK inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SK Life support customers and residents—exempt electricity seller obligations when advised by exempt distributor\n\n(1) Within one business day after an exempt electricity seller is advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller, the exempt electricity seller must record in a register of life support customers and residents the life support customer details.\n\n(2) Within 5 business days after being advised by an exempt distributor that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller, the exempt electricity seller must give the relevant customer, in accordance with an applicable Code, the information specified under an applicable Code for the purposes of this subsection.\n\n(3) If—\n\n(a) an exempt distributor advises an exempt electricity seller that a life support resident resides, or is intending to reside, at the premises of a relevant customer of the exempt electricity seller; and\n\n(b) the exempt electricity seller purchases electricity from a retailer to sell to the relevant customer—\n\nthe exempt electricity seller must give, within one business day after that advice, the retailer the details specified under an applicable Code for the purposes of this subsection.\n\n(4) An exempt electricity seller who contravenes subsection (1), (2) or (3) commits an offence against that subsection and is liable to a penalty not exceeding—\n\nS. 40SK(5) repealed by No. 18/2024 s. 38(1).\n\nNote to s. 40SK repealed by No. 18/2024 s. 38(2).\n\nSubdivision 3—Permitted grounds for disconnection\n\nS. 40SL inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SL Supply of electricity may be disconnected by agreement or on notice from relevant customer\n\nA retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—\n\n(a) the retailer or exempt electricity seller and the relevant customer agree; or\n\n(b) the relevant customer gives notice to the retailer or exempt electricity seller in accordance with the supply and sale contract with the retailer or exempt electricity seller that the customer wishes to end the contract.\n\nS. 40SM inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SM Supply of electricity may be disconnected for non‑payment of bill or failure to comply with terms of relevant assistance\n\n(1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—\n\n(a) the relevant customer—\n\n(i) has not a paid the total amount specified in an electricity bill by the date specified for that payment; or\n\n(ii) is receiving relevant assistance from the retailer or exempt electricity seller and has not complied with the terms and conditions of that assistance; and\n\n(b) the total amount owing to the retailer or exempt electricity seller under the electricity bill—\n\n(i) is not less than $300 or, if an applicable Code specifies a higher amount for the purposes of this subparagraph, not less than the specified amount; and\n\n(ii) is only for the supply or sale of electricity; and\n\n(c) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a reminder notice; and\n\n(d) after the expiry of the period specified in the reminder notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and\n\n(e) after the expiry of the period specified in the disconnection warning notice, the retailer or exempt electricity seller takes all reasonable steps to contact the relevant customer, in relation to the customer's failure to pay the total amount owing under the electricity bill or to comply with the terms and conditions of the relevant assistance, in one or more of the following ways—\n\n(i) in person;\n\n(ii) by telephone;\n\n(iii) by electronic communication; and\n\n(f) the retailer or exempt electricity seller has complied with any requirements relating to the disconnection of the supply of electricity at a relevant customer's premises specified under an applicable Code for the purposes of this section; and\n\n(g) the relevant customer does not take any reasonable action towards settling the debt owed to the retailer or exempt electricity seller.\n\n(2) The period specified in a reminder notice and a disconnection warning notice must be not less than the period specified under an applicable Code.\n\nS. 40SN inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SN Supply of electricity may be disconnected for failure to pay security deposit\n\n(1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—\n\n(a) the relevant customer does not give a security deposit in accordance with a supply and sale contract with the retailer or exempt electricity seller; and\n\n(b) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and\n\n(c) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and\n\n(d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the security deposit.\n\n(2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.\n\nS. 40SO inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SO Supply of electricity may be disconnected for refusal to provide acceptable identification\n\n(1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—\n\n(a) the relevant customer does not provide acceptable identification on request of the retailer or exempt electricity seller; and\n\n(b) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and\n\n(c) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and\n\n(d) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not provide acceptable identification.\n\n(2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.\n\nS. 40SP inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SP Supply of electricity may be disconnected if access to meter denied\n\n(1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—\n\n(a) the relevant customer does not allow access to the customer's premises for the reading of the meter at the premises for 3 consecutive scheduled meter readings; and\n\n(b) at the time of each of those scheduled meter readings, the retailer or exempt electricity seller took all reasonable steps to contact the relevant customer in one or more of the following ways to make alternative arrangements to access the customer's premises—\n\n(i) in person;\n\n(ii) by telephone;\n\n(iii) by electronic communication; and\n\n(c) the retailer or exempt electricity seller, on each of the occasions access is denied, arranges for the relevant customer to be given a notice in accordance with any requirements under an applicable Code (an ***access request notice***)—\n\n(i) requesting access to the meter; and\n\n(ii) advising of the retailer's or exempt electricity seller's ability to arrange for disconnection of the supply of electricity at the customer's premises; and\n\n(d) no earlier than 5 business days after the third access request notice is given to the relevant customer, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and\n\n(e) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and\n\n(f) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not give the retailer or exempt electricity seller access to the customer's premises to read the meter.\n\n(2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.\n\nS. 40SQ inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SQ Supply of electricity may be disconnected if there is taking of electricity without notification by customer\n\n(1) Subject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected if—\n\n(a) the relevant customer—\n\n(i) has a deemed contract with the retailer under section 39(1) or (2); or\n\n(ii) is a carry-over customer; or\n\n(iii) is a move-in customer; and\n\n(b) the relevant customer refuses or fails to take appropriate steps to enter into a supply and sale contract with the retailer or exempt electricity seller; and\n\n(c) the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer an intention to disconnect notice; and\n\n(d) after the expiry of the period specified in the intention to disconnect notice, the retailer or exempt electricity seller, in accordance with any requirements under an applicable Code, gives the relevant customer a disconnection warning notice; and\n\n(e) after the expiry of the period specified in the disconnection warning notice, the relevant customer does not take appropriate steps to enter into a supply and sale contract with the retailer or exempt electricity seller.\n\n(2) The period specified in an intention to disconnect notice and a disconnection warning notice must be not less than the period specified under an applicable Code.\n\n(3) For the purposes of this section, the retailer or exempt electricity seller is not required to find out the name or particulars of the relevant customer consuming electricity supplied at the premises before disconnecting the supply of electricity.\n\nS. 40SR inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SR Supply of electricity may be disconnected in the prescribed circumstances\n\nSubject to section 40SS, a retailer, or an exempt electricity seller specified under an applicable Code for the purposes of this section, may arrange for the supply of electricity at a relevant customer's premises to be disconnected—\n\n(a) in the prescribed circumstances (if any); and\n\n(b) in accordance with the prescribed requirements (if any).\n\nS. 40SS inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SS Restrictions on retailer or exempt electricity seller disconnecting supply of electricity\n\nA retailer or an exempt electricity seller must not arrange for the supply of electricity at a relevant customer's premises to be disconnected—\n\n(a) if the relevant customer is a registered life support customer; or\n\n(b) if there is a disconnection related complaint that is unresolved; or\n\n(c) if the relevant customer is receiving relevant assistance and is complying with the terms and conditions of that assistance; or\n\n(d) if the relevant customer advises the retailer or exempt electricity seller, or the retailer or exempt electricity seller is otherwise aware, that the relevant customer has made an electricity payment assistance application and the application has not been decided; or\n\n(e) during a protected period; or\n\n(f) in the prescribed circumstances.\n\nSubdivision 4—Disconnection for fraudulent or illegal taking of electricity\n\nS. 40ST inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40ST Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—retailers\n\n(1) Subject to subsection (2), a retailer may arrange for the supply of electricity at a person's premises to be disconnected if—\n\n(a) a person at the premises takes  the supply of electricity without a supply and sale contract with the retailer for the taking of that electricity; and\n\n(b) the person does not have a deemed contract with the retailer under section 39(1) or (2) because of section 39(8) or (9).\n\n(2) A retailer must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) if—\n\n(a) the person was a relevant customer of the retailer; and\n\n(b) the person was a registered life support customer in relation to the retailer immediately before taking the supply of electricity without a supply and sale contract with the retailer; and\n\n(c) at the time at which disconnection of the supply of electricity is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the retailer.\n\n(3) A retailer who arranges for the supply of electricity at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding—\n\n(4) An offence against subsection (3) is an indictable offence.\n\n(5) A retailer must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) except in accordance with this section.\n\n(6) A retailer who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(7) Subsection (5) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**.\n\nFor matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**.\n\nS. 40SU inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SU Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—exempt electricity sellers\n\n(1) Subject to subsection (2), an exempt electricity seller specified under an applicable Code for the purposes of this section may arrange for the supply of electricity at a person's premises to be disconnected in accordance with any requirements under an applicable Code  if—\n\n(a) the person takes the supply of electricity by fraudulent or illegal means; and\n\n(b) the person does not have a supply and sale contract with the exempt electricity seller.\n\n(2) An exempt electricity seller must not arrange for the supply of electricity at a person's premises to be disconnected under subsection (1) if—\n\n(a) the person was a relevant customer (as described in section 40SB(1)(b)) of the exempt electricity seller; and\n\n(b) the person was a registered life support customer in relation to the exempt electricity seller immediately before taking the supply of electricity without a supply and sale contract with the exempt electricity seller; and\n\n(c) at the time at which disconnection of the supply of electricity is to occur, the life support customer details of the person from when the person was a relevant customer are in the register of life support customers and residents of the exempt electricity seller.\n\n(3) An exempt electricity seller who arranges for the supply of electricity at a person's premises to be disconnected under subsection (1) other than in accordance with this section, and knows, or is reckless as to whether, the disconnection is not in accordance with this section, is guilty of an offence and liable to a penalty not exceeding—\n\n(4) An offence against subsection (3) is an indictable offence.\n\n(5) An exempt electricity seller must not arrange for the supply of electricity at person's premises to be disconnected under subsection (1) except in accordance with this section.\n\n(6) An exempt electricity seller who contravenes subsection (5) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(7) Subsection (5) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**.\n\nFor matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**.\n\nSubdivision 5—Register of life support customers and residents\n\nS. 40SV inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SV Register of life support customers and residents\n\n(1) A retailer or an exempt electricity seller must establish and maintain a register of life support customers and life support residents.\n\n(2) A retailer or an exempt electricity seller must not remove any life support customer details relating to a registered life support customer from a register of life support customers and residents except—\n\n(a) at the request of the registered life support customer in accordance with an applicable Code; or\n\n(b) as provided under an applicable Code.\n\n(2A) A retailer or an exempt electricity seller who contravenes subsection (1) or (2) commits an offence against that subsection and is liable to a penalty not exceeding—\n\n(2B) Subsections (1) and (2) are civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**.\n\n(3) A retailer or an exempt electricity seller may maintain the register of life support customers and residents in any form and manner determined by the retailer or exempt electricity seller.\n\nFor matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the **Essential Services Commission Act 2001**.\n\nSubdivision 6—Miscellaneous\n\nS. 40SW inserted by No. 28/2021 s. 9 (as amended by No. 41/2021 ss 94–103).\n\n\t40SW Alternative verdict for charge of knowingly or recklessly disconnecting supply of electricity at premises\n\n(1) This section applies if, on the trial of a retailer or an exempt electricity seller charged with an offence against section 40SD, 40ST(3) or 40SU(3), the jury are not satisfied that the retailer or exempt electricity seller is guilty of the offence charged, but are satisfied that the retailer or exempt electricity seller is guilty of an offence against section 40SE, 40ST(5) or 40SU(5) (as the case requires).\n\n(2) The jury may acquit the retailer or exempt electricity seller of the offence charged and find the retailer or exempt electricity seller guilty of an offence against section 40SE, 40ST(5) or 40SU(5) (as the case requires) and the retailer or exempt electricity seller is liable to punishment accordingly.\n\nPt 2 Div. 6 (Heading) substituted by No. 60/2006 s. 3.\n\n","sortOrder":92},{"sectionNumber":"Div 6","sectionType":"division","heading":"Hardship policies","content":"Division 6—Hardship policies\n\nS. 41 amended by No. 62/2001 s. 70(d), repealed by No. 25/2004 s. 7,  \nnew s. 41 inserted by No. 60/2006 s. 3.\n\n","sortOrder":93},{"sectionNumber":"41","sectionType":"section","heading":"Definitions","content":"\t41 Definitions\n\nS. 41 def. of *amended financial hardship policy* inserted by No. 3/2014 s. 9(c).\n\n***amended financial hardship policy*** means a financial hardship policy that is varied or replaced in accordance with section 43A(3)(a) or 43B;\n\nS. 41 def. of *approved financial hardship policy* repealed by No. 3/2014 s. 9(a).\n\nS. 41 def. of *domestic customer* amended by No. 3/2014 s. 9(b).\n\n***domestic customer*** means a person supplied with electricity for use for domestic purposes;\n\nS. 41 def. of *financial hardship policy* inserted by No. 3/2014 s. 9(c).\n\n***financial hardship policy*** means a policy or an amended financial hardship policy approved by the Commission under section 45.\n\nS. 42 repealed by No. 25/2004 s. 7,  \nnew s. 42 inserted by No. 60/2006 s. 3, amended by No. 49/2015 s. 11.\n\n","sortOrder":94},{"sectionNumber":"42","sectionType":"section","heading":"Objects","content":"\t42 Objects\n\nWithout limiting section 10(c), the objects of this Division are—\n\n(a) to recognise that financial hardship may be suffered by domestic customers; and\n\n(b) to promote best practice in electricity service delivery to facilitate continuity of electricity supply to domestic customers experiencing financial hardship.\n\nS. 43 repealed by No. 25/2004 s. 7,  \nnew s. 43 inserted by No. 60/2006 s. 3.\n\n","sortOrder":95},{"sectionNumber":"43","sectionType":"section","heading":"Financial hardship policies","content":"\t43 Financial hardship policies\n\nS. 43(1) substituted by No. 3/2014 s. 10(1).\n\n(1) A licence to sell electricity is deemed to include a condition requiring the licensee to, within 3 months after being granted a licence—\n\n(a) prepare a policy to deal with domestic customers experiencing financial hardship; and\n\n(b) submit the policy for approval to the Commission under section 45.\n\nS. 43(2) repealed by No. 3/2014 s. 10(1).\n\nS. 43(3) amended by No. 3/2014 s. 10(2).\n\n(3) A licence to sell electricity is deemed to include a condition requiring the licensee to implement a financial hardship policy by the date specified in the financial hardship policy.\n\nS. 43(4) amended by No. 3/2014 s. 10(3).\n\n(4) A term or condition in a contract for the supply or sale of electricity by a licensee to a domestic customer is void to the extent that it is inconsistent with the financial hardship policy of the licensee.\n\nS. 43A inserted by No. 3/2014 s. 11.\n\n","sortOrder":96},{"sectionNumber":"43A","sectionType":"section","heading":"Review of financial hardship policy at the direction of Commission","content":"\t43A Review of financial hardship policy at the direction of Commission\n\n(1) This section applies if the Commission is of the opinion that a financial hardship policy of a licensee requires review.\n\n(2) The Commission may direct the licensee to review the policy and, if necessary—\n\n(a) make variations so that the policy complies with section 43C; or\n\n(b) replace the policy with a policy that complies with section 43C.\n\n(3) On receiving a direction under subsection (2), a licensee must—\n\n(a) vary or replace the policy in accordance with any direction of the Commission; and\n\n(b) submit the amended financial hardship policy to the Commission for approval under section 45.\n\nS. 43B inserted by No. 3/2014 s. 11.\n\n","sortOrder":97},{"sectionNumber":"43B","sectionType":"section","heading":"Licensee may submit variation to, or replacement of, financial hardship policy for approval","content":"\t43B Licensee may submit variation to, or replacement of, financial hardship policy for approval\n\nA licensee may submit to the Commission a variation to, or a replacement of, a financial hardship policy for approval under section 45.\n\nS. 43C inserted by No. 3/2014 s. 11.\n\n","sortOrder":98},{"sectionNumber":"43C","sectionType":"section","heading":"Content of financial hardship policies","content":"\t43C Content of financial hardship policies\n\nA policy submitted in accordance with section 43(1), or an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B, must include—\n\n(a) flexible payment options for payment of electricity bills; and\n\n(b) provision for the auditing of a domestic customer's electricity usage (whether wholly or partly at the expense of the licensee); and\n\n(c) flexible options for the purchase or supply of replacement electrical equipment designed for domestic use from the licensee or a third party nominated by the licensee; and\n\nS. 43C(d) amended by No. 37/2020 s. 10(a).\n\n(d) processes for the early response by both licensees and domestic customers to electricity bill payment difficulties; and\n\nS. 43C(e) inserted by No. 37/2020 s. 10(b).\n\n(e) any matter that a deemed Ministerial licence condition to which the licence held by the licensee is subject requires to be included in the policy or amended financial hardship policy, as the case requires.\n\nS. 44 amended by Nos 13/2001 s. 6, 62/2001 s. 70(d), repealed by No. 25/2004 s. 7,  \nnew s. 44 inserted by No. 60/2006 s. 3.\n\n","sortOrder":99},{"sectionNumber":"44","sectionType":"section","heading":"Commission may develop guidelines","content":"\t44 Commission may develop guidelines\n\n(1) The Commission may prepare and issue guidelines in relation to the development and implementation by licensees of financial hardship policies.\n\n(2) The Commission may amend any guidelines issued under this section.\n\n(3) The Commission must publish each guideline issued under this section and each amendment of a guideline.\n\nS. 45 (Heading) substituted by No. 3/2014 s. 12(1).\n\nS. 45 amended by Nos 62/2001 s. 70(c)(d), 25/2004 s. 8(1), 75/2004 s. 22, expired by force of No. 68/2000 s. 45(3),  \nnew s. 45 inserted by No. 60/2006 s. 3.\n\n","sortOrder":100},{"sectionNumber":"45","sectionType":"section","heading":"Commission approval","content":"\t45 Commission approval\n\nS. 45(1) substituted by No. 3/2014 s. 12(2), amended by No. 37/2020 s. 11(1).\n\n(1) Subject to this section, the Commission must consider and may, if it considers appropriate, approve—\n\n(a) a policy submitted in accordance with section 43(1); or\n\n(b) an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B.\n\nS. 45(2) amended by No. 3/2014 s. 12(3).\n\n(2) In deciding whether to approve a policy submitted in accordance with section 43(1), or an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B, the Commission must have regard to—\n\n(a) the essential nature of the electricity supply; and\n\n(b) community expectations that licensees will work with domestic customers to manage customers' present and future electricity usage and associated financial obligations; and\n\n(c) community expectations that the electricity supply will not be disconnected solely because of a customer's inability to pay for the electricity supply; and\n\n(d) the principle that the electricity supply to premises should only be disconnected as a last resort; and\n\n(e) the principle that there should be equitable access to financial hardship policies and that those policies should be transparent and applied consistently.\n\nS. 45(3) amended by No. 3/2014 s. 12(4).\n\n(3) The Commission must not approve a policy submitted in accordance with section 43(1), or an amended financial hardship policy submitted in accordance with section 43A(3)(b) or 43B, that does not include the provisions set out in section 43C.\n\nS. 45(4) repealed by No. 3/2014 s. 12(5), new s. 45(4) inserted by No. 37/2020 s. 11(2).\n\n(4) In addition, the Commission must not approve a policy submitted by a licensee in accordance with section 43(1), or an amended financial hardship policy submitted by a licensee in accordance with section 43A(3)(b) or 43B, if that policy or amended policy is inconsistent with a deemed Ministerial licence condition to which the licence held by the licensee is subject.\n\nS. 46 amended by Nos 62/2001 s. 70(d), 25/2004 ss 7, 8(2), 75/2004 s. 23, expired by force of No. 68/2000 s. 46(6),  \nnew s. 46 inserted by No. 60/2006 s. 3, repealed by No. 3/2014 s. 13.\n\nS. 46A inserted by No. 60/2006 s. 3, amended by No. 3/2014 s. 14, repealed by No. 28/2021 s. 10.\n\nPt 2 Div. 6A (Heading and ss 46B–46E) inserted by No. 60/2006 s. 4.\n\n","sortOrder":101},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Advanced metering infrastructure","content":"Division 6A—Advanced metering infrastructure\n\nS. 46B inserted by No. 60/2006 s. 4.\n\n","sortOrder":102},{"sectionNumber":"46B","sectionType":"section","heading":"Definitions","content":"\t46B Definitions\n\n***advanced metering infrastructure*** means infrastructure associated with the installation and operation of electricity metering and communications, including interval meters designed to transmit data to, and receive data from, a remote locality;\n\nS. 46B def. of *AMI tariff* inserted by No. 55/2010 s. 8.\n\n***AMI tariff*** means—\n\n(a) a tariff (including a tariff referred to in section 35 or 36A) applying to electricity supplied and sold that is metered by means of advanced metering infrastructure; or\n\n(b) a tariff (including a tariff referred to in section 40A) applying to electricity distributed or supplied that is metered by means of advanced metering infrastructure;\n\nS. 46B def. of *exempted retailer* inserted by No. 59/2008 s. 16, repealed by No. 11/2013 s. 5(a).\n\nS. 46B def. of *relevant licensee* repealed by No. 11/2013 s. 5(a).\n\nS. 46B def. of *exempt seller* inserted by No. 11/2013 s. 5(b).\n\n***exempt seller*** means a person who—\n\n(a) engages in the supply and sale of electricity; and\n\n(b) is exempted from the requirement to obtain a licence in respect of that activity under an Order under section 17;\n\nS. 46B def. of *relevant entity* inserted by No. 11/2013 s. 5(b).\n\n***relevant entity*** means a retailer, exempt seller or distribution company determined in accordance with an Order under section 46D to be a relevant entity.\n\nS. 46C inserted by No. 60/2006 s. 4, substituted by No. 11/2013 s. 6.\n\n","sortOrder":103},{"sectionNumber":"46C","sectionType":"section","heading":"Licence condition requiring compliance with Order","content":"\t46C Licence condition requiring compliance with Order\n\nA licence held by a relevant entity that is a retailer or distribution company is taken to include a condition requiring the retailer or distribution company to comply with an Order under section 46D.\n\nS. 46CA inserted by No. 11/2013 s. 6.\n\n\t46CA Exempt seller condition requiring compliance with Order\n\nAn Order under section 17 exempting an exempt seller that is a relevant entity from the requirement to obtain a licence in order to engage in the supply and sale of electricity is taken to include a condition requiring the exempt seller to comply with an Order under section 46D.\n\nS. 46D inserted by No. 60/2006 s. 4, amended by Nos 59/2008 s. 17, 55/2010 s. 9, substituted by No. 11/2013 s. 7.\n\n\t46D Orders in relation to advanced metering infrastructure\n\n(1) The Governor in Council, by notice published in the Government Gazette, may make an Order for or with respect to—\n\n(a) the regulation of advanced metering infrastructure and associated services and systems;\n\n(b) the regulation of the installation, operation and maintenance of advanced metering infrastructure and associated systems;\n\n(c) the regulation of access to, or use of, advanced metering infrastructure and associated services and systems;\n\nS. 46D(1)(d) amended by No. 46/2014 s. 4(1)(a).\n\n(d) the regulation of access to and use of, or ownership of, data or information obtained or transmitted from, or sent through, advanced metering infrastructure and associated services and systems, including the purpose for which that data or information is obtained, transmitted or sent;\n\nS. 46D(1)(e) inserted by No. 46/2014 s. 4(1)(b).\n\n(e) payments in relation to—\n\n(i) the failure to install advanced metering infrastructure and associated systems;\n\n(ii) the failure to install advanced metering infrastructure and associated systems that meet a specified functionality or a specified standard of performance or service for that infrastructure and those systems;\n\nS. 46D(1)(f) inserted by No. 46/2014 s. 4(1)(b).\n\n(f) the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems) and fees and charges for that reading of meters.\n\nS. 46D(2) amended by No. 46/2014 s. 4(2)(a).\n\n(2) Without limiting subsection (1), an Order under subsection (1)(a), (b), (c) or (d) may—\n\n(a) specify a process for determining who is to be a relevant entity;\n\n(b) specify the minimum functionality required of advanced metering infrastructure supplied or installed by or on behalf of a relevant entity and the associated services and systems required for its support;\n\n(c) specify minimum standards of performance and service that must be met by a relevant entity in respect of the provision, installation, maintenance and operation of advanced metering infrastructure and associated services and systems;\n\n(d) require trials of technologies to be conducted by or on behalf of a relevant entity to identify the most cost-effective methods for the delivery of advanced metering infrastructure and associated services and systems and specify the nature and timing of those trials;\n\n(e) determine the number of customers or supply points (or both) in respect of which a relevant entity is required to supply or install advanced metering infrastructure and associated services and systems;\n\n(f) specify the factors to be used to determine the customers referred to in paragraph (e);\n\n(g) determine the date or dates by which, and the location at which, the advanced metering infrastructure and associated services and systems must be supplied or installed and the date or dates by which the infrastructure, services and systems must become operational;\n\n(h) specify how customers are to be notified when advanced metering infrastructure and associated services and systems become operational;\n\n(i) specify the entity that is responsible for the installation, operation and maintenance of advanced metering infrastructure and associated services and systems;\n\n(j) if a retailer is a relevant entity, specify the responsibilities of the entity on being notified of a customer's election to transfer to another retailer or an exempt seller, to ensure there is no cost impediment or other impediment to that transfer arising from the provision of advanced metering infrastructure;\n\n(k) specify the responsibilities of an exempt seller on being notified of a customer's election to transfer to another exempt seller or a retailer, to ensure there is no cost impediment or other impediment to that transfer arising from the provision of advanced metering infrastructure;\n\n(l) provide for the setting and regulation of the prices, fees and charges that a relevant entity who is a distribution company may charge for or in connection with the costs of, or in relation to, the provision, installation, maintenance and operation of advanced metering infrastructure and associated services and systems;\n\n(m) empower the recovery of the prices, fees and charges referred to in paragraph (l) from—\n\n(i) a retailer who is a relevant entity or a class or classes of retailers who are relevant entities supplied with electricity by the distribution company, or all customers of a retailer who is a relevant entity or a class or classes of customers of a retailer who is a relevant entity and is so supplied;\n\n(ii) an exempt seller or a class or classes of exempt sellers supplied with electricity by the distribution company, or all customers of an exempt seller or a class or classes of customers of an exempt seller who is so supplied;\n\n(n) specify the structure of AMI tariffs or classes of AMI tariffs at which a relevant entity will distribute, supply or sell electricity;\n\n(o) require a relevant entity that is a retailer or exempt seller to offer a specified customer, or a customer of a specified class, a choice of AMI tariffs or classes of AMI tariffs at which the entity will supply or sell electricity to the customer;\n\n(p) require a relevant entity that is a retailer or exempt seller to transfer a customer being supplied and sold electricity by the entity at a specified AMI tariff or at a specified class of AMI tariff to another AMI tariff at the request of the customer;\n\n(q) require a relevant entity that is a distribution company to, at the request of a retailer of a customer of that retailer, assign a specified AMI tariff or a specified class of AMI tariff at which electricity is distributed or sold by the entity to that customer;\n\n(r) prohibit the imposition of a fee or charge for a transfer or assignment referred to in paragraph (p) or (q);\n\n(s) require a relevant entity to give a specified customer, or a customer of a specified class, or a person or entity authorised by a customer—\n\n(i) information of an explanatory kind about advanced metering infrastructure;\n\n(ii) information about when a specified AMI tariff, or a specified class of AMI tariffs, may take effect;\n\n(iii) notification of the date when, or the period within which, electricity will be supplied and sold to that specified customer, or customers of that specified class, at specified AMI tariffs;\n\n(iv) information as to the basis on which a specified AMI tariff, or a specified class of AMI tariffs, is calculated;\n\n(v) information about the supply and installation of advanced metering infrastructure;\n\n(vi) specified electricity usage, billing and metering data relating to the consumption of electricity metered through advanced metering infrastructure and associated services and systems;\n\n(vii) any other information related to electricity supplied and sold through advanced metering infrastructure and associated services and systems;\n\n(t) specify how information referred to in paragraph (s) is to be given to a specified customer, or a customer of a specified class, or a person or entity authorised by a customer;\n\n(u) require a relevant entity to—\n\n(i) prepare, publish and maintain specified information; or\n\n(ii) give specified information to a specified customer, or a customer of a specified class, or to a person or entity authorised by the customer—\n\nto enable the customer to compare offers for the supply and sale of electricity that is to be supplied and sold at specified AMI tariffs;\n\n(v) specify how information referred to in paragraph (u) is to be published;\n\n(w) require a relevant entity to obtain the specified consent of a customer before that customer agrees—\n\n(i) to the supply and sale of electricity to that customer at a specified AMI tariff, or a specified class of AMI tariffs;\n\n(ii) to a variation to a specified AMI tariff, or a specified class of AMI tariffs at which electricity is supplied or sold to that customer;\n\n(x) require a relevant entity to keep confidential specified customer information, including historical electricity usage, billing and metering data relating to the consumption of electricity metered through advanced metering infrastructure and associated services and systems;\n\n(y) require a relevant entity to provide specified information to another relevant entity (the ***second entity***) for the purpose of enabling the second entity to comply with a requirement made under paragraph (s) or (u);\n\n(z) specify how information referred to in paragraph (y) is to be given to the second entity;\n\n(za) require a relevant entity to assist, in a specified manner, a specified customer, or a customer of a specified class, to enable the customer to determine whether the customer may benefit from being supplied and sold electricity at a specified AMI tariff;\n\n(zb) require a relevant entity to establish and maintain a specified method, format, process or procedure (which may be an electronic method, format, process or procedure) by which a specified customer, or a customer of a specified class, who is supplied and sold electricity at an AMI tariff may access—\n\n(i) data relating to electricity consumption by that customer;\n\n(ii) information about that AMI tariff and other AMI tariffs;\n\n(zc) provide for when a specified AMI tariff, or a specified class of AMI tariffs, may have effect;\n\n(zd) specify the requirements to be met by a relevant entity before the entity may offer to supply and sell, or distribute and supply, electricity to a specified customer, or a customer of a specified class, at a specified AMI tariff or specified class of AMI tariffs;\n\n(ze) prohibit or regulate the provision of supply capacity control services and load management services by means of advanced metering infrastructure and associated services and systems;\n\nS. 46D(2)(zf) amended by No. 46/2014 s. 4(2)(b).\n\n(zf) provide for audits of activities of a relevant entity for the purpose of determining whether the relevant entity is complying with section 46C or 46CA;\n\nS. 46D(2)(zg) inserted by No. 46/2014 s. 4(2)(c).\n\n(zg) requiring a relevant entity that is a distribution company to give the Minister and the Commission information about—\n\n(i) the installation (or non-installation) of advanced metering infrastructure and associated systems;\n\n(ii) installed advanced metering infrastructure and associated systems that do not meet a specified functionality or a specified standard of performance or service for that infrastructure and those systems;\n\n(iii) any payments referred to in subsection (3).\n\nS. 46D(3) inserted by No. 46/2014 s. 4(3).\n\n(3) Without limiting subsection (1), an Order under subsection (1)(e) may—\n\n(a) require a relevant entity that is a distribution company to make a payment to a customer by a specified date or in specified circumstances in relation to—\n\n(i) a failure to install advanced metering infrastructure and associated systems;\n\n(ii) a failure to install advanced metering infrastructure and associated systems that meet a specified functionality or a specified standard of performance or service for that infrastructure and those systems;\n\n(b) specify the amount of a payment referred to in paragraph (a) or provide for the setting and regulation of an amount of a payment referred to in that paragraph;\n\n(c) require a relevant entity to provide specified information to another relevant entity (the ***second entity***) for the purpose of enabling that second entity to comply with a requirement of an Order made under this subsection.\n\nS. 46D(4) inserted by No. 46/2014 s. 4(3).\n\n(4) Without limiting subsection (1), an Order under subsection (1)(f) may—\n\n(a) provide for the setting and regulation of the fees and charges that a relevant entity that is a distribution company may charge for or in connection with the costs of, or in relation to, the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems);\n\n(b) empower the recovery of the fees and charges referred to in paragraph (a) from—\n\n(i) a relevant entity that is a retailer or a class or classes of relevant entities that are retailers supplied with electricity by the distribution company, or all customers of a relevant entity that is a retailer or a class or classes of customers of a relevant entity that is a retailer and is so supplied;\n\n(ii) an exempt seller or a class or classes of exempt sellers supplied with electricity by the distribution company, or all customers of an exempt seller or class or classes of customers of an exempt seller who is so supplied;\n\n(c) require a relevant entity that is a retailer or exempt seller or a distribution company to give a specified customer, or a customer of a specified class, or a person or entity authorised by a customer, information about—\n\n(i) the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems);\n\n(ii) when the fees and charges associated with the costs of, or in relation to, the manual reading of meters may take effect;\n\n(d) require a relevant entity to provide specified information to another relevant entity (the ***second entity***) for the purpose of enabling that second entity to comply with a requirement of an Order made under this subsection.\n\nS. 46D(5) inserted by No. 46/2014 s. 4(3).\n\n(5) Without limiting subsection (1), an Order under subsection (1)(e) or (f) may prohibit a relevant entity that is a distribution company from recovering from—\n\n(a) specified customers who have advanced metering infrastructure and associated systems installed, costs specified under the Order for, or associated with, or related to, the manual reading of meters (including meters that are part of advanced metering infrastructure and associated systems);\n\n(b) any customer (by way of a fee, charge or otherwise) the amount of a payment of the kind referred to in subsection (3)(a).\n\nS. 46DA inserted by No. 55/2010 s. 10, amended by No. 11/2013 s. 8.\n\n\t46DA Interrelationship of Orders and other provisions relating to tariffs\n\nA requirement under an Order of the Governor in Council made under section 46D is in addition to, and does not limit, a requirement under section 35, 35C, 35D, 36A or 40A.\n\nS. 46E inserted by No. 60/2006 s. 4.\n\n","sortOrder":104},{"sectionNumber":"46E","sectionType":"section","heading":"General powers in relation to Orders","content":"\t46E General powers in relation to Orders\n\n(1) An Order of the Governor in Council under section 46D may be made so as to apply, adopt or incorporate wholly or partially or as amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(a) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or\n\n(b) as amended from time to time.\n\n(2) An Order of the Governor in Council under section 46D may—\n\n(a) confer powers and functions on, and leave any matter to be decided by, the Commission; and\n\n(b) without limiting paragraph (a), direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in an Order made under section 46D.\n\nS. 46E(2A) inserted by No. 59/2008 s. 18.\n\n(2A) The provisions of an Order under section 46D may be of general or limited application and may differ according to differences in time, place and circumstances.\n\nS. 46E(2B) inserted by No. 59/2008 s. 18.\n\n(2B) An Order under section 46D may—\n\n(a) include saving and transitional provisions; and\n\n(b) provide that the Commission is not required to take specified actions or make specified determinations under the Order before the commencement of section 5 of the **National Electricity (Victoria) Amendment Act 2007**.\n\nS. 46E(2C) inserted by No. 46/2014 s. 5.\n\n(2C) For the purposes of section 46D(3), an Order of the Governor in Council under section 46D may specify either one or both of the following—\n\n(a) a date that is a date before the date on which the Order takes effect;\n\n(b) a circumstance that occurs before the Order takes effect.\n\n(3) An Order of the Governor in Council under section 46D has effect as from the day specified in the Order for the period specified in the Order.\n\n(4) An Order of the Governor in Council under section 46D has effect according to its tenor despite anything to the contrary in any agreement or contract.\n\n","sortOrder":105},{"sectionNumber":"Div 7","sectionType":"division","heading":"Community services agreements","content":"Division 7—Community services agreements\n\n","sortOrder":106},{"sectionNumber":"47","sectionType":"section","heading":"Community services","content":"\t47 Community services\n\n(1) An agreement by a retailer with the State for the provision of community services is an agreement for a term of not less than 5 years for the provision by the retailer of electricity to a class of domestic customers specified by the Secretary to the Department of Human Services—\n\n(a) at such concessional rates and in such manner and at such times as are determined by the Secretary; and\n\n(b) on such other terms and conditions as are agreed between the retailer and the State or, in default of agreement, as are determined by the Secretary.\n\nS. 47(2) amended by No. 82/2004 s. 13(Sch. item 3).\n\n(2) In determining terms and conditions under subsection (1)(b), the Secretary must have regard to the risks and costs associated with the obligations imposed on the retailer under the agreement and must ensure that the terms and conditions are consistent with any relevant concession order made under the **State Concessions Act 2004**.\n\n","sortOrder":107},{"sectionNumber":"48","sectionType":"section","heading":"Transitional provision relating to community services","content":"\t48 Transitional provision relating to community services\n\n(1) An agreement to which this section applies that, but for this section, would cease to have effect on 31 December 2000, continues in force until the expiration of the prescribed period or terminated upon the making of a new agreement by the retailer with the State for the provision of community services by way of the provision of electricity to certain customers, whichever first occurs.\n\n(2) The prescribed period is the period ending on 31 March 2001 or such other date, not later than 30 June 2001, as is agreed between the retailer and the Secretary to the Department of Human Services.\n\n(3) If a new agreement is not made between the retailer and the State before the expiration of the prescribed period, an agreement is deemed to have been entered into on terms and conditions determined by the Secretary in accordance with section 47.\n\n(4) This section applies to an agreement in force before 31 December 2000 under which a retailer agrees with the State to provide certain community services by way of the provision of electricity to customers.\n\nS. 49 (Heading) inserted by No. 75/2004 s. 24(1).\n\n","sortOrder":108},{"sectionNumber":"49","sectionType":"section","heading":"Commission may decide certain matters","content":"\t49 Commission may decide certain matters\n\nS. 49(1) amended by No. 62/2001 s. 70(d).\n\n(1) The Commission, at the request of the Secretary to the Department of Human Services or a retailer, may—\n\nS. 49(1)(a) amended by No. 75/2004 s. 24(2)(a)(i)(ii).\n\n(a) decide matters referred by the Secretary or retailer for decision for the purposes of making an agreement referred to in section 47 or 48; or\n\nS. 49(1)(b) amended by No. 75/2004 s. 24(2)(b)(i)(ii).\n\n(b) if an agreement referred to in section 47 or 48 has been entered into or deemed to be entered into on terms and conditions determined by the Secretary under section 47, decide matters relating to those terms and conditions (including the variation of any of those terms and conditions) referred by the Secretary or retailer for decision.\n\nS. 49(2) amended by No. 75/2004 s. 24(2)(c).\n\n(2) A request relating to a term or condition determined by the Secretary under section 47 must be made within one month after notice of the decision is given.\n\nS. 49(3) amended by Nos 62/2001 s. 70(d), 75/2004 s. 24(2)(c).\n\n(3) A decision by the Commission on matters referred under subsection (1) is binding on the parties to the agreement.\n\nS. 49(4) amended by Nos 62/2001 s. 70(d), 75/2004 s. 24(2)(c).\n\n(4) If a decision of the Commission on matters referred under subsection (1) varies a term or condition of an agreement, that agreement is deemed to be so varied on that decision being made.\n\nS. 49(5) amended by No. 62/2001 s. 70(d).\n\n(5) The matters which may be referred to the Commission under this section do not include—\n\n(a) any matters relating to the class of domestic customers specified by the Secretary under section 47; or\n\nS. 49(5)(b) amended by No. 13/2001 s. 7.\n\n(b) any matters determined by the Secretary under section 47(1)(a).\n\nPt 2 Div. 8 (Heading and ss 49A‑49K) inserted by No. 55/2007 s. 3, amended by No. 51/2012 s. 4, substituted as Pt 2 Div. 8 (Heading and ss 49A–49C) by No. 18/2024 s. 26.\n\n","sortOrder":109},{"sectionNumber":"Div 8","sectionType":"division","heading":"Victorian specific retailer of last resort processes","content":"Division 8—Victorian specific retailer of last resort processes\n\nS. 49A inserted by No. 55/2007 s. 3, substituted by No. 18/2024 s. 26.\n\n","sortOrder":110},{"sectionNumber":"49A","sectionType":"section","heading":"Definitions","content":"\t49A Definitions\n\n***failed national retailer*** means a failed retailer that is a national retailer;\n\n***retailer authorisation*** means a retailer authorisation within the meaning of the National Energy Retail Law (Victoria) that authorises the holder to sell electricity;\n\n***RoLR notice*** has the same meaning as in section 122 of the National Energy Retail Law (Victoria).\n\nS. 49B inserted by No. 55/2007 s. 3, substituted by No. 18/2024 s. 26.\n\n","sortOrder":111},{"sectionNumber":"49B","sectionType":"section","heading":"Effect of issue of RoLR event on licence held by a failed national retailer","content":"\t49B Effect of issue of RoLR event on licence held by a failed national retailer\n\n(1) This section applies if the AER issues a RoLR notice for a failed national retailer because of the occurrence of an event or circumstance described in paragraph (b)(i) or (ii), (c)(i), (ii) or (iii), (d), (e), (f)(i), (ii), (iii) or (iv) or (g) of the definition of ***RoLR event*** (a ***specified RoLR event***).\n\n(2) If the AER revokes, under section 142 of the National Energy Retail Law (as it applies a law of a participating jurisdiction other than Victoria), the retailer authorisation held by the failed national retailer at the same time as it issues the RoLR notice, the retail licence held by the failed national retailer is, despite this Act, revoked, by force of this section, at the same time as the revocation of the retailer authorisation takes effect.\n\n(3) If the AER does not revoke, under section 142 of the National Energy Retail Law (as it applies a law of a participating jurisdiction other than Victoria), the retailer authorisation held by the failed national retailer, the Commission must not revoke the retail licence held by the failed national retailer if the specified RoLR event would also constitute a ground on which to revoke the licence.\n\n(4) The AER must, without delay, notify the Commission of the AER's decision whether to revoke the retailer authorisation.\n\nS. 49C inserted by No. 55/2007 s. 3, substituted by No. 18/2024 s. 26.\n\n","sortOrder":112},{"sectionNumber":"49C","sectionType":"section","heading":"Certain information to be provided to AER and AEMO by the Commission","content":"\t49C Certain information to be provided to AER and AEMO by the Commission\n\nThe Commission must, without delay, notify the AER and AEMO of any event, circumstance or matter of which the Commission is aware and which—\n\n(a) it has reason to believe—\n\n(i) might be, is or may be at some time in the future an event, circumstance or matter that may or will affect a retailer's ability to maintain continuity of the sale of electricity to its customers; or\n\n(ii) gives rise to some risk of affecting a retailer's ability to maintain continuity of the sale of electricity to its customers; or\n\n(b) gives rise to, or gives rise to some risk of, a RoLR event.\n\nPt 2 Div. 9 (Headings and ss 51–68) inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":113},{"sectionNumber":"Div 9","sectionType":"division","heading":"Trial waivers","content":"Division 9—Trial waivers\n\nSubdivision 1—Interpretation\n\nNew s. 51 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":114},{"sectionNumber":"51","sectionType":"section","heading":"Definitions","content":"\t51 Definitions\n\n***innovative trial principles***—see section 52;\n\n***proponent***—see section 54(1);\n\n***supply of, or demand for, electricity***, in relation to a trial project, includes the generation of electricity for supply or sale or the transmission, distribution, supply or sale of electricity;\n\n***trial project*** means a project that tests an approach in relation to the supply of, or demand for, electricity;\n\n***trial project guidelines*** means the guidelines prepared and issued under section 63;\n\n***trial waiver information*** means—\n\n(a) information considered by the Commission in making a determination under section 54 or any other decision under this Division; or\n\n(b) information relating to the operation and administration of a trial waiver; or\n\n(c) information relating to a contravention by a person granted a trial waiver with conditions to which that trial waiver is subject, including any one or more of the following kinds of information—\n\n(i) information relating to any proceeding under the **Essential Services Commission Act 2001** in respect of such a contravention;\n\n(ii) information relating to the service of any provisional or final order under section 53 of the **Essential Services Commission Act 2001** in respect of such a contravention;\n\n(iii) information relating to the service of any notice under section 54A or 54G of the **Essential Services Commission Act 2001** in respect of such a contravention;\n\n***trial waiver order*** means an Order made under section 53.\n\nNew s. 52 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":115},{"sectionNumber":"52","sectionType":"section","heading":"Innovative trial principles","content":"\t52 Innovative trial principles\n\nThe following principles (the ***innovative trial principles***) must be had regard to in determining whether a trial project is genuinely innovative in connection with granting a trial waiver, or continues to be genuinely innovative in connection with extending the period for which the trial waiver applying to the trial project has effect—\n\n(a) whether the trial project is focused, or will continue to focus, on developing new or materially improved approaches to the use or supply of, or demand for, electricity;\n\n(b) whether the trial project is likely to contribute to the achievement of the objectives of the Commission under this Act and the **Essential Services Commission Act 2001**;\n\n(c) whether the trial project is able to demonstrate, or will continue to demonstrate, a reasonable prospect of giving rise to materially improved services and outcomes for customers who purchase electricity;\n\n(d) whether the trial project maintains, or will continue to maintain, adequate customer protections for customers who purchase electricity, including whether the trial project may involve risks to such customers and, if so, how those risks might be mitigated;\n\n(e) whether the trial project is unable to proceed, or continue to proceed, because of this Act or any instrument made under this Act;\n\n(f) any other principle specified under a trial waiver order.\n\nSubdivision 2—Trial waiver orders\n\nNew s. 53 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":116},{"sectionNumber":"53","sectionType":"section","heading":"Order in Council in relation to trial waivers","content":"\t53 Order in Council in relation to trial waivers\n\n(1) The Governor in Council, by Order published in the Government Gazette, may do any one or more of the following—\n\n(a) specify matters the Commission must have regard to when determining whether to—\n\n(i) grant a trial waiver;\n\n(ii) extend the period of a trial waiver;\n\n(iii) vary a trial waiver or a condition to which a trial waiver is subject;\n\n(iv) revoke a trial waiver;\n\n(b) specify principles for the purposes of section 52;\n\n(c) specify a condition or class of condition that the Commission must or may make a trial waiver be subject to;\n\n(d) specify matters that the Commission must provide for in the trial project guidelines;\n\n(e) specify the process for the making or amendment of trial project guidelines by the Commission;\n\n(f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order;\n\n(g) confer powers and functions on, and leave any matter to be decided by, the Commission.\n\n(2) An Order under this section may—\n\n(a) be of general or limited application; and\n\n(b) differ according to differences in time, place and circumstances.\n\nSubdivision 3—Grant of trial waivers\n\nNew s. 54 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":117},{"sectionNumber":"54","sectionType":"section","heading":"Trial waiver","content":"\t54 Trial waiver\n\n(1) Subject to this section, the Commission may, on application by a person or body that proposes to undertake a trial project (a ***proponent***), make a determination to grant the proponent an exemption (a ***trial waiver***) under which the proponent is exempted from the requirement to obtain a licence in respect of the relevant activity specified in the trial waiver.\n\n(2) In making a determination to grant a trial waiver, the Commission must be satisfied that the trial project that is the subject of the application is genuinely innovative, and for that purpose, the Commission must have regard to the innovative trial principles.\n\n(3) In addition, in making a determination to grant a trial waiver, the Commission—\n\n(a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in making a determination to grant a trial waiver; and\n\n(b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in making a determination to grant a trial waiver.\n\n(4) The Commission must not grant a trial waiver if the Commission reasonably considers that the trial project is unlikely to be carried out.\n\n(5) Without limiting subsection (4), the Commission may refuse to consider an application. In doing so, the Commission may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in refusing an application.\n\n(6) An application for a trial waiver must be made in accordance with the trial project guidelines.\n\n(7) A trial waiver granted under this section must be in writing.\n\n(8) To avoid doubt, a proponent may be—\n\n(a) a licensee; or\n\n(b) a person who is, because of an Order under section 17, exempt from the requirement to obtain a licence in respect of the generation of electricity for supply or sale or the transmission, distribution, supply or sale of electricity.\n\nNew s. 55 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":118},{"sectionNumber":"55","sectionType":"section","heading":"Conditions of trial waiver","content":"\t55 Conditions of trial waiver\n\n(1) Subject to this section, a trial waiver granted under section 54 is subject to any conditions that the Commission considers appropriate.\n\n(2) If a trial waiver order specifies a condition or class of condition that the Commission must make a trial waiver be subject to, the Commission must grant the trial waiver subject to the condition or condition of the class specified in the trial waiver order.\n\n(3) For the purposes of subsection (1), the kinds of conditions that the Commission may consider appropriate include conditions that a trial waiver order specifies as conditions that the trial waiver may be subject to.\n\nNew s. 56 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":119},{"sectionNumber":"56","sectionType":"section","heading":"Consultation on trial waiver","content":"\t56 Consultation on trial waiver\n\nBefore granting a trial waiver, the Commission must undertake consultation (including with the proponent) in accordance with the trial project guidelines.\n\nNew s. 57 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":120},{"sectionNumber":"57","sectionType":"section","heading":"Publication of trial waiver","content":"\t57 Publication of trial waiver\n\nAs soon as practicable after a trial waiver is made, a copy of the trial waiver must be published on the Commission's internet site.\n\nNew s. 58 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":121},{"sectionNumber":"58","sectionType":"section","heading":"Duration of trial waiver","content":"\t58 Duration of trial waiver\n\nSubject to this Division, a trial waiver has effect from the day specified in the trial waiver and for the period (not exceeding 5 years) specified in the trial waiver.\n\nSubdivision 4—Extension of trial waivers\n\nNew s. 59 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":122},{"sectionNumber":"59","sectionType":"section","heading":"Extension of trial waiver","content":"\t59 Extension of trial waiver\n\n(1) The Commission, in accordance with the trial project guidelines, may extend the period for which a trial waiver has effect by a period determined by the Commission (which cannot exceed one year).\n\n(2) In determining whether to grant an extension under subsection (1), the Commission must be satisfied that the trial project to which the trial waiver applies continues to be genuinely innovative, and for that purpose, the Commission must have regard to the innovative trial principles.\n\n(3) In addition, in determining whether to grant an extension under subsection (1), the Commission—\n\n(a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in determining whether to extend the period of the trial waiver; and\n\n(b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in determining whether to extend the period for which a trial waiver has effect.\n\n(4) An extension under subsection (1) must be—\n\n(a) in writing; and\n\n(b) published on the Commission's internet site.\n\n(5) An extension under subsection (1) may only be granted once in respect of a trial waiver granted under this Division.\n\nSubdivision 5—Variation and revocation of trial waivers\n\nNew s. 60 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":123},{"sectionNumber":"60","sectionType":"section","heading":"Variation of trial waiver, or conditions of trial waiver, by Commission","content":"\t60 Variation of trial waiver, or conditions of trial waiver, by Commission\n\n(1) Subject to this section, the Commission may, on its own initiative, vary a trial waiver, or a condition to which a trial waiver is subject—\n\n(a) if the Commission is of the view that the person granted the trial waiver is contravening or has contravened a condition of the trial waiver; or\n\n(b) to ensure that the conditions to which the trial waiver is subject are consistent with a condition or condition of a class specified under a trial waiver order as a condition that the trial waiver must or may be subject to; or\n\n(c) if the Commission considers it appropriate to do.\n\n(2) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, under subsection (1)(a) unless—\n\n(a) the Commission serves on the person notice of its intention to do so; and\n\n(b) the Commission, in the notice served under paragraph (a), specifies the action the person granted the trial waiver is required to take—\n\n(i) to rectify the contravention of the trial waiver or the trial waiver condition; and\n\n(ii) to prevent any future contravention of the trial waiver or the trial waiver condition; and\n\n(c) the Commission has given the person an opportunity to make representations on the matter.\n\n(3) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, under subsection (1)(b) or (c) unless—\n\n(a) the Commission serves on the person notice of its intention to do so; and\n\n(b) the Commission has given the person an opportunity to make representations on the matter; and\n\n(c) the Commission is satisfied that the variation is necessary having regard to the objectives of the Commission under this Act and under the **Essential Services Commission Act 2001**.\n\n(4) The Commission must not vary a trial waiver, or a condition to which the trial waiver is subject, so that the trial waiver or the conditions to which the trial waiver is subject are inconsistent with a condition or condition of a class specified under a trial waiver order as a condition or class of condition that the trial waiver must be subject to.\n\n(5) In determining whether to vary a trial waiver, or a condition to which a trial waiver is subject, under subsection (1), the Commission—\n\n(a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in determining whether to vary—\n\n(i) a trial waiver; or\n\n(ii) a condition to which a trial waiver is subject.\n\n(b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in determining whether to vary—\n\n(i) a trial waiver; or\n\n(ii) a condition to which a trial waiver is subject.\n\nNew s. 61 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":124},{"sectionNumber":"61","sectionType":"section","heading":"Variation of trial waiver, or conditions of trial waiver, by agreement","content":"\t61 Variation of trial waiver, or conditions of trial waiver, by agreement\n\nThe Commission may, by agreement with a person granted a trial waiver, vary the trial waiver or a condition to which the trial waiver is subject.\n\nNew s. 62 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":125},{"sectionNumber":"62","sectionType":"section","heading":"Revocation of trial waiver","content":"\t62 Revocation of trial waiver\n\n(1) The Commission may, in accordance with the trial project guidelines, revoke a trial waiver.\n\n(2) In determining whether to revoke a trial waiver, the Commission—\n\n(a) must have regard to any matter specified under a trial waiver order as a matter that the Commission must have regard to in determining whether to revoke a trial waiver; and\n\n(b) may have regard to any matter that the Commission considers relevant, including any matter specified under the trial project guidelines as a matter that the Commission may have regard to in determining whether to revoke a trial waiver.\n\n","sortOrder":126},{"sectionNumber":"Subdiv 5A","sectionType":"subdivision","heading":"Compliance","content":"Subdivision 5A—Compliance\n\nS. 62A inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":127},{"sectionNumber":"62A","sectionType":"section","heading":"Compliance with conditions of trial waiver","content":"\t62A Compliance with conditions of trial waiver\n\n(1) A person granted a trial waiver must comply with any conditions to which the trial waiver is subject.\n\n(2) Subsection (1) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**.\n\nSubdivision 6—Trial project guidelines\n\nNew s. 63 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":128},{"sectionNumber":"63","sectionType":"section","heading":"Preparation and issue of trial project guidelines","content":"\t63 Preparation and issue of trial project guidelines\n\n(1) The Commission must prepare and issue guidelines for the purposes of this Division within one month after the commencement of this section.\n\n(2) Without limiting subsection (1), guidelines developed and issued under that subsection must specify the following—\n\n(a) how an application under section 54 must be made, including the steps proponents under that section must take to identify confidential information submitted as part of an application;\n\n(b) the approach that the Commission proposes to take in performing its functions and exercising its powers under section 54, including the timeline within which the Commission will aim to make a determination under section 54;\n\n(c) the process the Commission proposes to follow when determining whether to refuse to consider a trial waiver application under section 54;\n\n(d) the consultation process that the Commission must undertake under section 56;\n\n(e) the process the Commission proposes to follow for the purpose of determining whether to grant an extension to the period of a trial waiver under section 59;\n\n(f) the process the Commission proposes to follow for the purpose of determining whether to revoke a trial waiver under section 62;\n\n(g) the steps persons granted trial waivers must take to identify confidential information submitted to the Commission as part of a trial project;\n\n(h) any matter that a trial waiver order requires to be specified in the guidelines.\n\n(3) In addition, without limiting subsection (1), guidelines developed and issued under that subsection may specify any other matter that the Commission considers necessary—\n\n(a) to be had regard to for the purposes of section 54(3)(b) or (5), 59(3)(b), 60(5)(b) or 62(2)(b); or\n\n(b) to facilitate trial projects.\n\nNew s. 64 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":129},{"sectionNumber":"64","sectionType":"section","heading":"Amendment of trial project guidelines","content":"\t64 Amendment of trial project guidelines\n\nThe Commission may, in accordance with any procedure specified by the Commission, amend any trial project guidelines issued under section 63.\n\nNew s. 65 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":130},{"sectionNumber":"65","sectionType":"section","heading":"Consideration of AER trial project guidelines","content":"\t65 Consideration of AER trial project guidelines\n\nIn preparing and issuing trial project guidelines under section 63, or amending trial project guidelines under section 64, the Commission must have regard to the Trial Projects Guidelines (as defined in Chapter 10 of the National Electricity Rules).\n\n","sortOrder":131},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Information sharing with the AER","content":"Subdivision 7—Information sharing with the AER\n\nNew s. 66 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":132},{"sectionNumber":"66","sectionType":"section","heading":"Information disclosure","content":"\t66 Information disclosure\n\nSubject to Part 4 of the **Essential Services Commission Act 2001**, the Commission may disclose to the AER any trial waiver information in the Commission's possession or control.\n\nUnder section 61(3)(a) of the **Essential Services Commission Act 2001**, a person may disclose confidential or commercially-sensitive information obtained during the exercise of a power or the performance of a function under, or in connection with, that Act or relevant legislation if the disclosure or use is made in the exercise of a power or the performance of a function under, or in connection with, this Act or any relevant legislation. This Act is relevant legislation—see section 7A.\n\n","sortOrder":133},{"sectionNumber":"Subdiv 8","sectionType":"subdivision","heading":"Miscellaneous","content":"Subdivision 8—Miscellaneous\n\nNew s. 67 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":134},{"sectionNumber":"67","sectionType":"section","heading":"Register of trial waivers","content":"\t67 Register of trial waivers\n\n(1) The Commission must establish and maintain a register of trial waivers (the ***register***).\n\n(2) The Commission must enter the following details in the register in respect of every trial waiver—\n\n(a) the name of the person granted the trial waiver;\n\n(b) a description of the activity that will be undertaken under the trial waiver;\n\n(c) the date of expiry of the trial waiver;\n\n(d) information about where a copy of a trial waiver may be accessed.\n\n(3) The Commission may maintain the register in any form or manner it considers appropriate.\n\n(4) The Commission must make the register publicly available, free of charge, from the Commission's internet site.\n\nNew s. 68 inserted by No. 33/2021 s. 6 (as amended by No. 41/2021 s. 89).\n\n","sortOrder":135},{"sectionNumber":"68","sectionType":"section","heading":"Trial waiver not personal property","content":"\t68 Trial waiver not personal property\n\nFor the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a trial waiver is declared not to be personal property.\n\nPt 3 (Headings and ss 50–78) amended by Nos 13/2001 ss 8, 9, 32/2001 s. 28(4)–(6), 44/2001 s. 3(Sch. items 34.2–34.6), 62/2001 s. 70(c)(d)(j), 85/2001 ss 4(1), 8, 24/2002 s. 21, 75/2004  \nss 25–30, 21/2012 s. 239(Sch. 6 items 15.4–15.6),  \nrepealed by No. 11/2013 s. 4.\n\nPt 4 (Headings and ss 79–84) amended by Nos 13/2001 s. 10, 62/2001 s. 70(c)(d), 85/2001 s. 4(1), 40/2003 ss 20, 21, 75/2004 s. 31, 8/2005 s. 14(3), 55/2007 s. 13, repealed by No. 23/2009 s. 12, new Pt 4 (Heading and ss 79, 80) inserted by No. 72/2009 s. 5.\n\n","sortOrder":136},{"sectionNumber":"Part 4","sectionType":"part","heading":"Protection of critical electricity infrastructure","content":"Part 4—Protection of critical electricity infrastructure\n\nNew s. 79 inserted by No. 72/2009 s. 5.\n\n","sortOrder":137},{"sectionNumber":"79","sectionType":"section","heading":"Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited","content":"\t79 Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited\n\nA person must not be present on land or premises on which, or in an enclosure in which, critical electricity infrastructure is situated knowing that he or she does not have authority to be present on that land or those premises or in that enclosure.\n\n1. Imprisonment for 1 year.\n\nNew s. 80 inserted by No. 72/2009 s. 5.\n\n","sortOrder":138},{"sectionNumber":"80","sectionType":"section","heading":"Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles","content":"\t80 Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles\n\n(1) A person who—\n\n(a) damages, interferes or tampers with, or attaches a thing to plant or equipment that forms part of critical electricity infrastructure or that is on land or premises on which, or in an enclosure in which, critical electricity infrastructure is situated (the ***prohibited act***); and\n\n(b) knows that he or she does not have authority to do the prohibited act; and\n\n(c) is reckless as to whether the prohibited act will result in a disruption to the generation, transmission or distribution of electricity—\n\nis guilty of an offence and liable to a term of imprisonment not exceeding 2 years.\n\n**Examples**\n\nExamples of plant or equipment are: bucket dredgers, conveyer belts, boilers, pumps, cooling towers, pipelines, sprays, turbines, transformers, switching equipment, telemetry equipment and emergency services equipment.\n\n(2) A person who—\n\n(a) damages, interferes or tampers with, or attaches a thing to a relevant infrastructure vehicle that is on land or premises on which, or in an enclosure in which, critical electricity infrastructure is situated (the ***prohibited act***); and\n\n(b) knows that he or she does not have authority to do the prohibited act; and\n\n(c) is reckless as to whether the prohibited act will result in a disruption to the generation, transmission or distribution of electricity—\n\nis guilty of an offence and liable to a term of imprisonment not exceeding 2 years.\n\n(3) In subsection (2), ***relevant infrastructure vehicle*** means a vehicle used as part of the production process for the generation of electricity or for the purpose of maintaining critical electricity infrastructure.\n\n","sortOrder":139},{"sectionNumber":"Part 5","sectionType":"part","heading":"Powers of electricity corporations","content":"Part 5—Powers of electricity corporations\n\nPt 5 Div. 1 (Heading) inserted by No. 38/2025 s. 61(1).\n\nDivision 1—Preliminary\n\nS. 85 substituted by No. 9/2006 s. 157(1).\n\n","sortOrder":140},{"sectionNumber":"85","sectionType":"section","heading":"Definitions","content":"\t85 Definitions\n\nIn this Part—\n\nS. 85 def. of *electricity corporation* amended by Nos 23/2009 s. 13, 38/2025 s. 60.\n\n***electricity corporation*** means a distribution company, a transmission company, a generation company or VicGrid;\n\nS. 85 def. of *rail infrastructure* substituted by Nos 22/2013 s. 54(a), 41/2019 s. 117(Sch. 1 item 3.1(a)).\n\n***rail infrastructure*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 85 def. of *rail operations* repealed by No. 22/2013 s. 54(d).\n\nS. 85 def. of *rail operator* repealed by No. 22/2013 s. 54(d).\n\nS. 85 def. of *rail transport operator* inserted by No. 22/2013 s. 54(c), substituted by No. 41/2019 s. 117(Sch. 1 item 3.1(b)).\n\n***rail transport operator*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 85 def. of *railway operations* inserted by No. 22/2013 s. 54(c), substituted by No. 41/2019 s. 117(Sch. 1 item 3.1(c)).\n\n***railway operations*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 85 def. of *rolling stock* substituted by Nos 22/2013 s. 54(b).\n\n***rolling stock*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\n***works contractor*** means a person engaged directly or indirectly by an electricity corporation to carry out an activity referred to in section 93 on behalf of the electricity corporation, and includes a sub-contractor.\n\nS. 85A inserted by No. 38/2025 s. 67, repealed by No. 38/2025 s. 72.\n\nPt 5 Div. 2 (Heading) inserted by No. 38/2025 s. 61(2).\n\nDivision 2—Easements and acquisition of certain land\n\n","sortOrder":141},{"sectionNumber":"86","sectionType":"section","heading":"Power to acquire easements with approval of Governor in Council","content":"\t86 Power to acquire easements with approval of Governor in Council\n\nS. 86(1) amended by Nos 40/2003 s. 22, 9/2026 s. 12A(1).\n\n(1) A corporation to which this section applies may, with the approval of the Governor in Council, acquire compulsorily an easement which is, or may be, required for the purposes of—\n\nS. 86(1)(a) inserted by No. 40/2003 s. 22.\n\n(a) erecting or laying power lines (or both); and\n\nS. 86(1)(b) inserted by No. 40/2003 s. 22.\n\n(b) maintaining power lines.\n\n(2) The **Land Acquisition and Compensation Act 1986** applies to this section and for that purpose—\n\n(a) the **Electricity Industry Act 2000** is the special Act; and\n\n(b) the corporation to which this section applies is the Authority.\n\nS. 86(2A) inserted by No. 9/2026 s. 12A(2).\n\n(2A) Nothing in section 8C(1) of the **Environment Effects Act 1978** prevents—\n\n(a) the Governor in Council approving an acquisition of an easement under this section; or\n\n(b) the acquisition of an easement under this section.\n\n***corporation to which this section applies*** means a distribution company, a transmission company or a generation company;\n\n***easement*** includes right, charge, power or privilege in, under, over, affecting or in connection with, land.\n\nS. 86A inserted by No. 38/2025 s. 62.\n\n","sortOrder":142},{"sectionNumber":"86A","sectionType":"section","heading":"Acquisition of easement—easement in gross","content":"\t86A Acquisition of easement—easement in gross\n\nIf an electricity corporation acquires any right in the nature of an easement or purporting to be an easement, that right must be taken to be an easement even though there is no land vested in the electricity corporation that is benefited by or capable of being benefited by that right.\n\n","sortOrder":143},{"sectionNumber":"87","sectionType":"section","heading":"Acquisition of land within Latrobe area","content":"\t87 Acquisition of land within Latrobe area\n\nS. 87(1) amended by No. 63/2006 s. 61(Sch. item 10).\n\n(1) A generation company or an associated entity of a generation company may recommend to the Minister administering the **Mineral Resources (Sustainable Development) Act 1990** the compulsory acquisition of any land within the Latrobe area which is or may be required by the generation company or associated entity for or in connection with, or as incidental to, carrying out operations under a licence issued to the company under Part 2.\n\n(2) The **Land Acquisition and Compensation Act 1986** applies to this section and for that purpose—\n\n(a) the **Electricity Industry Act 2000** is the special Act; and\n\nS. 87(2)(b) amended by No. 63/2006 s. 61(Sch. item 10).\n\n(b) the Minister administering the **Mineral Resources (Sustainable Development) Act 1990** is the Authority.\n\nS. 87(3) amended by No. 63/2006 s. 61(Sch. item 10).\n\n(3) Despite anything to the contrary in the **Land Acquisition and Compensation Act 1986**, section 109(2) of that Act does not apply to land acquired in accordance with this section by the Minister administering the **Mineral Resources (Sustainable Development) Act 1990**.\n\n***associated entity***, in relation to a generation company, means a person to whom an exemption under section 17 applies in respect of an activity relating to the generation of electricity for supply or sale, being an activity for which the generation company holds a licence under Part 2;\n\n***Latrobe area*** means the municipal district of the Shire of LaTrobe.\n\n","sortOrder":144},{"sectionNumber":"88","sectionType":"section","heading":"Making of easements in subdivisions","content":"\t88 Making of easements in subdivisions\n\n(1) If a proposal for subdivision or consolidation of land is referred to an electricity corporation under the **Planning and Environment Act 1987**, the corporation may require easements for the use of the corporation for any one or more of the purposes set out in the Schedule.\n\n(2) The creation of an easement for a purpose specified in Column 1 of the Schedule gives to the corporation the rights specified in relation to an easement created for that purpose in Column 2 of the Schedule.\n\n","sortOrder":145},{"sectionNumber":"89","sectionType":"section","heading":"Certain easements may be used for carriage service","content":"\t89 Certain easements may be used for carriage service\n\n(1) Despite anything to the contrary in any Act or instrument, an easement to which a transmission company is entitled may be used by a transmission company for the provision by it or another person of a carriage service within the meaning of the Telecommunications Act 1997 of the Commonwealth.\n\n(2) Nothing in this Act authorises a transmission company to acquire compulsorily land or an interest in land for the purposes only of a carriage service within the meaning of subsection (1).\n\n","sortOrder":146},{"sectionNumber":"90","sectionType":"section","heading":"Easements over lands held by Crown licensees or lessees","content":"\t90 Easements over lands held by Crown licensees or lessees\n\nS. 90(1) amended by No. 49/2015 s. 12.\n\n(1) If an easement acquired by an electricity corporation for any of the purposes of this Act is an easement over land held or occupied by any licensee or lessee of the Crown, a description of the easement and a notification it has been so acquired must be forwarded without delay by the corporation to the Secretary to the Department of Environment, Land, Water and Planning.\n\nS. 90(2) amended by No. 49/2015 s. 12.\n\n(2) If an easement referred to in subsection (1) is over land held or occupied under licence, the description and notification must be endorsed on the licence by the Secretary to the Department of Environment, Land, Water and Planning and be registered in that Department.\n\n(3) If a Crown grant is issued to a person of the land over which any such easement has been taken, the grant is subject to the easement.\n\n","sortOrder":147},{"sectionNumber":"91","sectionType":"section","heading":"Arrangements for joint use of easements","content":"\t91 Arrangements for joint use of easements\n\nDespite anything to the contrary in this Act—\n\n(a) any two or more of the electricity corporations, distribution companies, transmission companies and generation companies may enter into an agreement for the exercise of rights and privileges, and undertaking of obligations, by a party to the agreement in respect of any easement, right or privilege to which another party to the agreement is entitled; and\n\n(b) any such agreement takes effect according to its terms.\n\n","sortOrder":148},{"sectionNumber":"92","sectionType":"section","heading":"Cancellation of easements","content":"\t92 Cancellation of easements\n\n(1) If—\n\n(a) a generation company enters into an agreement to grant an easement over its land to any person; and\n\n(b) that easement is registered under the **Transfer of Land Act 1958**; and\n\n(c) that agreement provides for the termination of the easement or part of the easement on the giving of notice by the generation company to the person to whom the easement is granted or any successor in title of that person; and\n\n(d) the generation company gives that notice in accordance with the agreement—\n\nthe generation company may give written notice to the Registrar of Titles of the termination of the easement, together with a copy of the agreement and of the notice under paragraph (d).\n\n(2) On being notified under subsection (1), the Registrar of Titles must record in the Register the extinguishment of the easement or part.\n\nPt 5 Div. 3 (Heading) inserted by No. 38/2025 s. 61(3).\n\nDivision 3—Works\n\nPt 5 Div. 3 Subdiv. 1 (Heading) inserted by No. 38/2025 s. 61(3).\n\nSubdivision 1—Preliminary\n\nS. 92A inserted by No. 38/2025 s. 63.\n\n","sortOrder":149},{"sectionNumber":"92A","sectionType":"section","heading":"Definitions","content":"\t92A Definitions\n\n***authorised officer*** means a public sector employee who—\n\n(a) is specified in an instrument under section 93BA(1); or\n\n(b) belongs to a class specified in an instrument under section 93BA(1); or\n\n(c) belongs to a prescribed class;\n\n***conditions of authorisation*** means, in relation to an authorised officer, the conditions specified for that officer in—\n\n(a) the regulations; and\n\n(b) if the person is authorised by an instrument under section 93BA(1), that instrument;\n\n***entry order*** means an order referred to in section 93BF;\n\n***identification card*** means a card issued to an authorised officer under section 93BB(1).\n\nPt 5 Div. 3 Subdiv. 2 (Heading) inserted by No. 38/2025 s. 61(4).\n\nSubdivision 2—General powers and duties relating to works\n\n","sortOrder":150},{"sectionNumber":"93","sectionType":"section","heading":"Powers as to works etc.","content":"\t93 Powers as to works etc.\n\nS. 93(1) amended by No. 38/2025 ss 68(1)(a), 73(1)(a).\n\n(1) For the purposes of this Act, an electricity corporation, subject to this Act—\n\n(a) may enter upon any lands and sink bores and make surveys and do any other acts or things necessary for sinking bores or making surveys; and\n\nS. 93(1)(b) amended by No. 38/2025 ss 68(1)(b), 73(1)(a).\n\n(b) may, with any equipment or devices, receive, store, transmit, or supply electricity, water, brown coal or products of brown coal over, or under, any land and may enter on any land upon either side of such equipment and fell or remove any tree or part of a tree or any obstruction which in the opinion of the electricity corporation it is necessary to fell or remove; and\n\n(c) subject to the **Water Act 1989**, may divert water from any waterway, lake, lagoon, swamp or marsh, or alter the bed, course or channel of any waterway; and\n\nS. 93(1)(d) amended by No. 12/2004 s. 170(1).\n\n(d) subject to the **Road Management Act 2004**, may enter upon any public or private land or roads and construct any works or place on under or over any such land or road any structure or equipment and may repair, alter or remove any such structure or equipment or any works under its control; and\n\nS. 93(1)(e) amended by No. 38/2025 ss 68(1)(c), 73(1)(b).\n\n(e) may do all other things necessary or convenient for constructing, maintaining, altering, or using any works or undertakings of, or under the control of, the electricity corporation.\n\n(2) In the exercise of the powers under subsection (1), an electricity corporation must do as little damage as may be and, must, if required within 2 years from the exercise of the powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of the powers.\n\nS. 93(2A) inserted by No. 38/2025 s. 68(2), repealed by No. 38/2025 s. 73(2).\n\nS. 93(3) amended by No. 38/2025 ss 68(3), 73(3).\n\n(3) Compensation under subsection (2) shall be either a gross sum or a yearly rent as may be agreed and, in default of agreement, shall be determined in the manner provided in the **Land Acquisition and Compensation Act 1986**.\n\n(4) An electricity corporation may exercise its powers under this section by its officers or employees or by any other person authorised in writing by it or by the officers or employees of any such person.\n\n(5) This section applies—\n\n(a) to a distribution company, transmission company and a generation company holding a licence under Part 2; and\n\n(b) to the holder of any other licence under Part 2 as if a reference in this section to an electricity corporation included a reference to the holder—\n\nand so applies—\n\n(c) subject to the conditions of the licence in relation to the exercise of powers under this section; and\n\nS. 93(5)(d) amended by No. 62/2001 s. 70(k), substituted by No. 41/2021 s. 51(1), amended by No. 38/2025 s. 64(1).\n\n(d) subject to any provision of a Code of Practice about the entry on land by a person referred to in paragraph (a) or (b) (except as provided for by subsection (5A).\n\nS. 93(5A) inserted by No. 38/2025 s. 64(2).\n\n(5A) For the purposes of subsection (5)(d), a provision of a Code of Practice about the entry on land is not to be taken to require notice of the entry to be given if—\n\n(a) the entry is to occur under, or in the company of a person entering under—\n\n(i) Subdivision 3; or\n\n(ii) an entry order; and\n\n(b) the following provision has been complied with—\n\n(i) for an entry under Subdivision 3—section 93BD; or\n\n(ii) for an entry under an entry order—section 93BM.\n\nS. 93(6) inserted by No. 12/2004 s. 170(2).\n\n(6) The entitlement to compensation under subsection (2) is not affected by—\n\n(a) anything to the contrary in the **Road Management Act 2004**; or\n\n(b) any right conferred by, or any obligation or duty imposed under, the **Road Management Act 2004**.\n\nS. 93(7) inserted by No. 12/2004 s. 170(2), substituted by No. 41/2021 s. 51(2).\n\n(7) A provision of a Code of Practice about the entry on land by a person referred to in subsection (5)(a) or (b) has no effect to the extent that it—\n\n(a) confers, or purports to confer, any right or power which is inconsistent with the **Road Management Act 2004**; or\n\n(b) imposes, or purports to impose, any obligation or duty which is inconsistent with the **Road Management Act 2004**.\n\nS. 93(8) inserted by No. 12/2004 s. 170(2), repealed by No. 41/2021 s. 51(2).\n\nS. 93A inserted by No. 9/2006 s. 157(2).\n\n","sortOrder":151},{"sectionNumber":"93A","sectionType":"section","heading":"Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock","content":"\t93A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock\n\nS. 93A(1) amended by No. 38/2025 ss 69, 74.\n\n(1) An electricity corporation must, when exercising a power under section 93 on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that it exercises the power safely.\n\n1. 9000 penalty units.\n\n(2) A works contractor must, when carrying out an activity referred to in section 93 on or in the immediate vicinity of rail infrastructure or rolling stock, ensure, so far as is reasonably practicable, that he, she or it carries out the activity safely.\n\n1. In the case of a natural person, 1800 penalty units;\n\nIn the case of a body corporate, 9000 penalty units.\n\n(3) An offence against subsection (1) or (2) is an indictable offence.\n\nNote to s. 93A(3) amended by No. 68/2009 s. 97(Sch. item 49.1).\n\nHowever, the offence may be heard and determined summarily (see section 28 of the **Criminal Procedure Act 2009**).\n\nS. 93A(4) inserted by No. 41/2019 s. 117(Sch. 1 item 3.2).\n\n(4) Nothing in subsection (1) or (2) is to be construed as—\n\n(a) conferring a right of action in a civil proceeding in respect of a contravention of those subsections; or\n\n(b) conferring a defence to an action in a civil proceeding or otherwise affecting a right of action in a civil proceeding.\n\nS. 93B inserted by No. 9/2006 s. 157(2), amended by No. 38/2025 ss 70, 75.\n\n","sortOrder":152},{"sectionNumber":"93B","sectionType":"section","heading":"Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock","content":"\t93B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock\n\nAn electricity corporation must, before exercising a power under section 93 on land on which there is rail infrastructure or rolling stock, notify the owner or occupier of that land of the intended exercise of the power if the exercise of that power will threaten, or is likely to threaten, the safety of that rail infrastructure or rolling stock.\n\n1. 300 penalty units.\n\nPt 5 Div. 3 Subdiv. 3 (Heading and ss 93BA–93BE) inserted by No. 38/2025 s. 65.\n\nSubdivision 3—Further statutory power of entry\n\nS. 93BA inserted by No. 38/2025 s. 65.\n\n\t93BA Authorisation by Minister\n\n(1) The Minister may, in accordance with this section, authorise by instrument—\n\n(a) a public sector employee specified in the instrument; or\n\n(b) each public sector employee belonging to a class specified in the instrument—\n\nfor the purposes of this Subdivision.\n\n(3) The Minister may specify in the instrument any conditions that the Minister considers to be appropriate.\n\nThe authorisation is also subject to conditions set out in the regulations—see paragraph (a) of the definition of ***conditions of authorisation*** in section 92A.\n\n(4) Without limiting subsection (3), the Minister may specify a condition that the authorised officer is only to exercise a power under section 93BC for a purpose set out in the condition.\n\nS. 93BB inserted by No. 38/2025 s. 65.\n\n\t93BB Identification cards\n\n(1) The Secretary must issue to each authorised officer a card that complies with subsection (2).\n\n(2) An identification card issued to an authorised officer must—\n\n(a) set out the name of the authorised officer; and\n\n(b) contain a photograph of the authorised officer; and\n\n(c) indicate that the person is an authorised officer.\n\n(3) If a person to whom an identification card is issued ceases to be an authorised officer, the person must return the card to the Secretary.\n\nS. 93BC inserted by No. 38/2025 s. 65.\n\n\t93BC Power to enter land\n\n(1) An authorised officer may, in accordance with this Subdivision, enter any land to do either of the following things on that land or on any other land—\n\n(a) exercise a power under section 93, if section 93 authorises the officer to do so; or\n\n(b) facilitate the exercise of a power under section 93 by another person.\n\nOther provisions of this Subdivision set out certain circumstances in which an authorised officer must not enter land under this provision. See sections 93BD(1) and 93BE(1).\n\n(2) Subsection (1) does not authorise an authorised officer—\n\n(a) to enter land contrary to the conditions of their authorisation; or\n\n(b) to enter—\n\n(i) residential premises; or\n\n(ii) a building; or\n\n(c) to exercise a power under section 93.\n\n(3) An authorised officer may be accompanied by another person when entering land under subsection (1) if the officer reasonably believes that is necessary to enable the doing of a thing referred to in that subsection.\n\n(4) A person who is to accompany an authorised officer in entering land under subsection (3) is authorised to enter that land.\n\n(5) An authorised officer who enters land under subsection (1) to do a thing referred to in that subsection may do or cause to be done any other thing that the officer reasonably believes is necessary to enable the thing to be done.\n\nS. 93BD inserted by No. 38/2025 s. 65.\n\n\t93BD Notice of proposed entry must be given in advance\n\n(1) A person must not enter land under section 93BC unless a notice setting out the information set out in subsection (2) has been served in accordance with this section in respect of that entry.\n\n(2) The information that the notice must contain is—\n\n(a) each date on which the entry is to occur; and\n\n(b) a statement that an authorised officer may enter on each of those dates; and\n\n(c) the purpose for which the entry is to occur; and\n\n(d) if the notice is to be served using the publication and affixing method set out in subsection (6), sufficient information to identify at least one entity that either owns or occupies the land; and\n\nIf the notice is to be served using a method permitted by section 93BU, see subsection (3).\n\n(e) if the notice is to be affixed under (6)(b), a statement that it is an offence to obscure, damage or destroy the notice until after the last day specified under paragraph (a); and\n\n(f) the prescribed information (if any).\n\n(3) A notice that is to be served using a method permitted by section 93BU, the notice—\n\n(a) may be addressed by—\n\n(i) using the description of \"the owner\" or \"the occupier\" (as the case requires); and\n\n(ii) identifying the land referred to in subsection (1); and\n\n(b) does not need to further name or describe the entity on which it is to be served.\n\n(4) A notice is served in accordance with this section if—\n\n(a) the notice is served on at least one entity that either owns or occupies the land; and\n\n(b) the person who serves the notice, or who causes it to be served, is—\n\n(i) an authorised officer; or\n\n(ii) if the entry is to facilitate the exercise of a power under section 93 by an electricity corporation (including by its officers or employees), that electricity corporation; and\n\n(c) the notice is served on that entity either—\n\n(i) by using a method permitted by section 93BU; or\n\n(ii) if subsection (5) permits the use of the publication and affixing method set out in subsection (6), by using that method; and\n\n(d) the notice is served at least 30 business days before the first date specified under subsection (2)(a); and\n\n(e) subject to subsection (9), the notice is served again at least 48 hours before the first date specified under subsection (2)(a).\n\n(5) The notice may be served on an entity by using the publication and affixing method set out in subsection (6) if—\n\n(b) the person referred to in subsection (4)(b) has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and\n\n(c) despite those efforts, the person referred to in subsection (4)(b) still does not know the individual's location.\n\n(6) The publication and affixing method of serving the notice is—\n\n(i) to an entrance to the land referred to in subsection (1); or\n\n(7) A person must not, without reasonable excuse, obscure, damage or destroy a notice affixed under subsection (6)(b) until after the last day specified in the notice under subsection (2)(a).\n\n(8) It does not matter whether the entity on whom the notice is served as described in subsection (4)(e) is the entity on whom the notice was served as described in subsection (4)(d).\n\n(9) Subsection (4)(e) does not require service of a notice on an individual (by any method) if—\n\n(a) the person referred to in subsection (4)(b) has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and\n\n(b) despite those efforts, the person referred to in subsection (4)(b) still does not know the individual's location.\n\nS. 93BE inserted by No. 38/2025 s. 65.\n\n\t93BE Entry must be proportionate\n\n(1) An authorised officer who enters land under section 93BC must take all reasonable steps to ensure that the entry onto the land is no more disruptive than is reasonably necessary having regard to the purpose of the entry.\n\n(2) Without limiting subsection (1), the authorised officer must take all reasonable steps to ensure that they, and any person who accompanies them under section 93BC(3), does not remain on the land for longer than is reasonably necessary having regard to the purpose of the entry.\n\n(3) If there is a failure to take the steps referred to in subsection (1), that failure does not affect the lawfulness of the entry.\n\nPt 5 Div. 3 Subdiv. 4 (Heading and ss 93BF–93BM) inserted by No. 38/2025 s. 65.\n\nSubdivision 4—Entry in accordance with court order\n\nS. 93BF inserted by No. 38/2025 s. 65.\n\n\t93BF What is an entry order?\n\n(1) An entry order is an order that—\n\n(a) authorises entry onto land specified in the order by—\n\n(i) an authorised officer; and\n\n(ii) another person who is specified in the order or who belongs to a class specified in the order; and\n\n(b) authorises that entry for the purpose of—\n\n(i) the exercise of a power under section 93; or\n\n(ii) the facilitation of the exercise of such a power; and\n\n(c) authorises a person entering the land to bring with them any equipment or other things reasonably necessary for the purpose of the exercise of a power under section 93; and\n\n(d) authorises an authorised officer to use reasonable force to gain entry if it is reasonably necessary to do so, including by using reasonable force to remove any obstruction; and\n\n(e) authorises a police officer to accompany an authorised officer or other person in that entry; and\n\n(f) prohibits each person who owns or occupies the land, and every other person, from obstructing, hindering or delaying—\n\n(i) the entry of the authorised officer and any person referred to in paragraph (a)(ii); and\n\n(ii) any other entry to the land that occurs at the same time in accordance with section 93; and\n\n(iii) the exercise of a power under section 93 on the land; and\n\n(g) requires each person who owns or occupies the land to take all reasonable steps to enable—\n\n(i) the entry of the authorised officer and any person referred to in paragraph (a)(ii); and\n\n(ii) any other entry to the land that occurs at the same time in accordance with section 93; and\n\n(iii) the exercise of a power under section 93 on the land.\n\n(2) An authorisation referred to in subsection (1) is subject to any conditions specified in the order.\n\nS. 93BG inserted by No. 38/2025 s. 65.\n\n\t93BG Authorised officer may apply for entry order\n\n(1) An authorised officer may apply to the Magistrates' Court for an entry order.\n\n(2) Without limiting subsection (1), the authorised officer may apply for an entry order in respect of particular land because—\n\n(a) entry to that land in accordance with section 93 or 93BC has previously been hindered, delayed or obstructed; or\n\n(b) the exercise of a power under section 93 in respect of that land has previously been hindered, delayed or obstructed; or\n\n(c) in connection with any previous entry or attempted entry under section 93BC, it has not been practicable to give a warning or direction under section 93BR.\n\n(3) An application under this section must be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the application relies.\n\nS. 93BH inserted by No. 38/2025 s. 65.\n\n\t93BH Authorised officer must serve notice of application for entry order\n\n(1) As soon as practicable after an authorised officer applies for an entry order under section 93BG, the authorised officer must—\n\n(a) serve a notice of the application; or\n\n(b) cause a notice of the application to be served—\n\nin accordance with this section.\n\n(2) The notice must—\n\n(a) specify the land in respect of which the application is made; and\n\n(b) state that an application has been made for an entry order authorising entry to that land; and\n\n(c) if the authorised officer knows the identity of at least one entity that either owns or occupies the land, identify at least one such entity; and\n\n(d) state that a person who either owns or occupies the land may object to the application in accordance with section 93BI; and\n\n(e) specify an address at which the authorised officer can be served for the purposes of any such objection; and\n\n(f) state that service of the notice is required by this section; and\n\n(g) in the case of a notice affixed under subsection (5)(b), state that it is an offence to obscure, damage or destroy the notice until after the day on which the application is finally determined.\n\n(3) The notice must be served on at least one entity that either owns or occupies the land in respect of which the application is made—\n\n(a) by using a method permitted by section 93BU; and\n\n(b) if subsection (4) permits the use of the publication and affixing method set out in subsection (5), by using that method.\n\n(4) The notice may be served on an entity by using the publication and affixing method set out in subsection (5) if—\n\n(b) the authorised officer has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and\n\n(c) despite those efforts, the authorised officer still does not know the individual's location.\n\n(5) The publication and affixing method of serving the notice is—\n\n(i) to an entrance to the land in respect of which the application is made; or\n\n(6) A person must not, without reasonable excuse, obscure, damage or destroy a copy of an application affixed under subsection (5)(b) until after the day on which the application is finally determined.\n\nS. 93BI inserted by No. 38/2025 s. 65.\n\n\t93BI Owner or occupier may object to application for entry order\n\n(1) A person may object to an application for an entry order if the person either owns or occupies the land in respect of which the application is made.\n\n(2) An objection must—\n\n(a) be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and\n\n(b) be filed with the Magistrates' Court at least 7 days before the day on which the application is to be heard; and\n\n(c) be personally delivered, or sent by prepaid ordinary post, to the address specified under section 93BH(2)(e) at least 5 days before the day on which the application is to be heard.\n\nS. 93BJ inserted by No. 38/2025 s. 65.\n\n\t93BJ Magistrates' Court may extend or abridge the time within which an objection may be made\n\n(1) The Magistrates' Court, by order, may extend or abridge the time within which an objection may be made under section 93BI.\n\n(2) The Magistrates' Court may extend time under subsection (1) before or after the time expires.\n\n(3) More than one extension of time may be granted under subsection (1).\n\nS. 93BK inserted by No. 38/2025 s. 65.\n\n\t93BK How Magistrates' Court is to determine application for entry order\n\n(1) The Magistrates' Court may hear and determine an application for an entry order, or any matter arising on such an application—\n\n(a) as expeditiously as possible; and\n\n(b) with as much informality as is possible in accordance with the rules of evidence.\n\n(2) However, the Magistrates' Court must not hear the matter until 21 days have elapsed since the application was made.\n\n(3) In hearing and determining the application or any matter arising on the application, the Magistrates' Court must have regard to—\n\n(a) the need for the expeditious development of electricity transmission infrastructure in order for electricity to be provided by means of that infrastructure for the benefit of the Victorian community; and\n\n(b) the need for increased cost certainty and increased risk certainty in the development of electricity transmission infrastructure.\n\n***electricity transmission infrastructure*** means infrastructure that is to be constructed, operated or maintained for the purposes of the transmission of electricity.\n\nS. 93BL inserted by No. 38/2025 s. 65.\n\n\t93BL Magistrates' Court may make entry order\n\n(1) On an application under section 93BG, the Magistrates' Court may make an entry order if satisfied, by evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for making the order.\n\nS. 93BL(1A) amended by No. 38/2025 s. 75A.\n\n(1A) In determining whether there are reasonable grounds for making the order, the Magistrates' Court must have regard to the extent to which an electricity corporation has complied with the relevant obligations described in subsection (1B) in relation to entering—\n\n(a) onto the land in respect of which the application is made; and\n\n(b) in the circumstances in relation to which entry is sought to be authorised under the entry order; and\n\n(c) for the purpose for which entry is sought to be authorised under the entry order.\n\n(1B) The relevant obligations for the purposes of subsection (1A) are obligations that—\n\n(a) are imposed by the provisions of a Code of Practice referred to in section 93(5)(d); and\n\n(b) require things to be done before (and not during or after) entry onto land.\n\n(2) The entry order must—\n\n(a) specify the land in respect of which the order is made; and\n\n(b) state that the order is made for the purpose of enabling entry to the specified land for the purposes of—\n\n(i) the exercise of a power under section 93; or\n\n(ii) the facilitation of the exercise of a power under section 93; and\n\n(c) state that an authorised officer is authorised to enter the specified land; and\n\n(d) specify the persons, or the class of persons, who are authorised by the order to accompany the authorised officer in entering the specified land; and\n\n(e) state that a police officer is authorised to accompany the authorised officer or other person in entering the specified land; and\n\n(f) specify when entry is authorised in accordance with subsection (3); and\n\n(g) specify the authorised officer who is to be required to serve a copy of the order under section 93BM; and\n\n(h) state that it is an offence to obscure, damage or destroy a copy of the order that is affixed under section 93BM until after the final day on which entry is authorised under the order.\n\n(3) In specifying when entry is authorised, the Magistrates' Court—\n\n(a) must not specify that entry is authorised on more than 28 days; and\n\n(b) must not specify that entry is authorised on a day earlier than 7 days after the day on which the order is made; and\n\nEntry is not permitted on a day that is not at least 2 days after the day on which the order is served under section 93BM—see section 93BM(1).\n\n(c) may specify when entry is authorised by either—\n\n(i) specifying one or more identified days; or\n\n(ii) specifying all days within an identified period; and\n\n(d) may specify whether, on a day on which entry is authorised—\n\n(i) entry is authorised at any time; or\n\n(ii) entry is authorised at times specified in the entry order.\n\n(4) The Magistrates' Court may specify in the entry order any other condition to which the order is subject.\n\n(5) If a person who objects under section 93BI to an application for an entry order does not appear at the hearing of the application, the Magistrates' Court may hear and determine the application if it considers it is in the interests of justice to do so.\n\nS. 93BM inserted by No. 38/2025 s. 65.\n\n\t93BM Authorised officer must serve order\n\n(1) Despite anything to the contrary in an entry order, a person must not enter land under the order unless—\n\n(a) the authorised officer specified in the order under section 93BL(2)(g) has—\n\n(i) served a copy of the order; or\n\n(ii) caused a copy of the order to be served—\n\nin accordance with this section; and\n\n(b) at least 2 days have elapsed since the service of a copy of the order.\n\n(2) The copy of the order must be served on at least one entity that either owns or occupies the land specified in the order under section 93BL(2)(a)—\n\n(a) by using a method permitted by section 93BU; or\n\n(b) if subsection (3) permits the use of the publication and affixing method set out in subsection (4), by using that method.\n\n(3) The copy of the order may be served by using the publication and affixing method set out in subsection (4) if—\n\n(b) the authorised officer has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and\n\n(c) despite those efforts, the authorised officer still does not know the individual's location.\n\n(4) The publication and affixing method of serving the notice is—\n\n(i) to an entrance to the land specified in the order under section 93BL(2)(a); or\n\n(5) A person must not, without reasonable excuse, obscure, damage or destroy a copy of an entry order affixed under subsection (4) until after the final day on which entry is authorised by the order.\n\nPt 5 Div. 3 Subdiv. 5 (Heading and ss 93BN–93BS) inserted by No. 38/2025 s. 65.\n\nSubdivision 5—Provisions applicable to entry under Subdivision 3 or 4\n\nS. 93BN inserted by No. 38/2025 s. 65.\n\n\t93BN References to relevant authority\n\nIn this Subdivision, a reference to entry under a relevant authority is a reference to entry under—\n\n(a) section 93BC; or\n\n(b) an entry order.\n\nS. 93BO inserted by No. 38/2025 s. 65.\n\n\t93BO Notice must be given on entry\n\n(1) This section applies if—\n\n(a) an authorised officer is to enter land under a relevant authority; and\n\n(b) a person who is, or who appears to be, an owner or occupier of that land is present at that time.\n\n(2) Immediately on entering the land, the authorised officer must—\n\n(a) announce—\n\n(i) that they are an authorised officer entering under either section 93BC or an entry order (as the case requires); and\n\n(ii) the purpose of the entry; and\n\n(b) take all reasonable steps to ensure that at least one person referred to in subsection (1)(b) is given a copy of—\n\n(i) if the entry is under section 93BC—the notice under section 93BD; or\n\n(ii) if the entry is under an entry order—the entry order.\n\n(3) However, the authorised officer is not required to take a step referred to in subsection (2)(b) that the officer reasonably believes would risk the safety of—\n\n(a) the authorised officer; or\n\n(b) any person accompanying the authorised officer.\n\n(4) If there is a failure to give the document referred to in subsection (2)(b) because of an authorised officer's reasonable belief referred to in subsection (3), that failure does not affect the lawfulness of the entry.\n\n(5) The document referred to in subsection (2)(b) may be given by the authorised officer or by any other person who is present.\n\nS. 93BP inserted by No. 38/2025 s. 65.\n\n\t93BP Identification card must be carried and produced on request\n\n(1) An authorised officer must not enter land under a relevant authority without an identification card.\n\n(2) While on that land, the authorised officer must produce their identification card for inspection if asked to do so by any person on that land.\n\n(3) However, the authorised officer is not required to produce their identification card if—\n\n(a) the authorised officer reasonably believes that producing the identification card would risk the safety of—\n\n(i) the authorised officer; or\n\n(ii) any person accompanying the authorised officer under the relevant authority; or\n\n(b) the request to produce the identification card is unreasonable in the circumstances.\n\n(4) If an authorised officer does not produce their identification card when asked to do so, and the failure to do so is permitted by subsection (3), that failure does not affect the lawfulness of the entry.\n\nS. 93BQ inserted by No. 38/2025 s. 65.\n\n\t93BQ Authorised officer may direct person to identify themselves\n\n(1) An authorised officer who enters land under a relevant authority, or who is to enter land under that authority, may direct any person who is on that land—\n\n(a) to state their name and address; and\n\n(b) to provide evidence of their ownership or right of occupation—\n\nif the officer believes the person is committing, or has committed, an offence against this Subdivision.\n\n(2) A person to whom a direction is given under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the direction.\n\n(3) A person to whom a direction is given under subsection (1) must not, in response to the direction—\n\n(a) state a name or address that is false in a material detail; or\n\n(b) state an address that is not the full address of the person's ordinary place of residence; or\n\n(c) provide false evidence of their ownership or right of occupation.\n\n(4) If a person states a name or address in response to a direction under subsection (1) and the authorised officer suspects on reasonable grounds that the name or address is false, the authorised officer may direct the person to produce evidence of the person's name or address.\n\n(5) A person to whom a direction is given under subsection (4) must not, without reasonable excuse, refuse or fail to comply with the direction.\n\n(6) A direction under subsection (1) or (4) may be given orally or in writing.\n\nS. 93BR inserted by No. 38/2025 s. 65.\n\n\t93BR Authorised officer may give warning or direction\n\n(1) If an authorised officer reasonably believes that a person is hindering, obstructing or delaying—\n\n(a) the authorised officer's entry onto land under a relevant authority; or\n\n(b) another person's entry onto land under a relevant authority; or\n\n(c) the exercise of a power under section 93 following entry onto land under a relevant authority; or\n\n(d) the facilitation of the exercise of such a power—\n\nthe authorised officer may give the person a warning.\n\n(2) The warning is to be a warning that—\n\n(a) if the person does not cease hindering, obstructing or delaying, the authorised officer may give the person a direction to cease doing so; and\n\n(b) failure to cease hindering, obstructing or delaying is an offence.\n\n(3) The warning may be given orally or in writing.\n\n(4) If the authorised officer considers that the person has not ceased hindering, obstructing or delaying in response to the warning, the authorised officer may direct the person to cease doing so.\n\nSection 93BS makes it an offence to hinder, obstruct or delay an activity referred to in subsection (1). In certain circumstances, the offence is not committed if a direction under subsection (4) has not been given; see section 93BS(2)(b), (5) and (6).\n\n(5) The direction may be given orally or in writing.\n\nS. 93BS inserted by No. 38/2025 s. 65.\n\n\t93BS Authorised activities must not be hindered, obstructed or delayed\n\n(1) In this section—\n\n***authorised activity*** means—\n\n(a) an authorised officer's entry onto land under a relevant authority; or\n\n(b) another person's entry onto land under a relevant authority; or\n\n(c) the exercise of a power under section 93 following entry onto land under a relevant authority; or\n\n(d) the facilitation of the exercise of such a power.\n\n(2) A person must not, without reasonable excuse, hinder, obstruct or delay an authorised activity if—\n\n(a) whichever notice requirement that applies under subsection (3) or (4) has been complied with; and\n\n(b) any direction requirement that applies under subsection (5) has been complied with.\n\n(3) If the authorised activity is authorised under section 93BC, the notice requirement is that notice has been served in accordance with section 93BD.\n\n(4) If the authorised activity is authorised under an entry order, the notice requirement is that the order has been served under section 93BM.\n\n(5) The direction requirement set out in subsection (6) applies if the person referred to in subsection (2) is present on the land referred to in subsection (1) at the time of the authorised activity.\n\n(6) The direction requirement is that the person has been directed under section 93BR(4) to cease the hindering, obstructing or delaying.\n\nPt 5 Div. 3 Subdiv. 6 (Heading and ss 93BT–93BX) inserted by No. 38/2025 s. 65.\n\nSubdivision 6—Miscellaneous\n\nS. 93BT inserted by No. 38/2025 s. 65.\n\n\t93BT Impersonation of authorised officers\n\nA person must not impersonate an authorised officer.\n\nS. 93BU inserted by No. 38/2025 s. 65.\n\n\t93BU Service\n\n(1) The following methods of serving a document on an individual are permitted for the purposes of this Division—\n\n(a) delivering it personally to the person;\n\n(b) leaving it at the usual or last known place of business of the person with a person who is—\n\n(i) over 16 years of age; and\n\n(ii) apparently in charge of or employed at that place;\n\n(c) sending it by prepaid ordinary post, addressed to the person, at the usual or last known place of residence or business of the person;\n\n(d) if the person has given the authorised officer an alternative address for the purposes of receiving documents for the purposes of this Division—sending it by prepaid ordinary post to that address;\n\n(e) if the person has given the authorised officer an electronic address for the purposes of receiving notices—sending it by electronic communication to that address.\n\n(2) The following methods of serving a document on a body corporate are permitted for the purposes of this Division—\n\n(a) leaving a copy of the document at the registered office or principal place of business of the body corporate;\n\n(b) by sending a copy of the document by prepaid ordinary post to the registered office or principal place of business of the body corporate;\n\n(c) if the body corporate has given the authorised officer an electronic address for the purposes of receiving notices, sending it by electronic communication to that address.\n\nS. 93BV inserted by No. 38/2025 s. 65.\n\n\t93BV Power to serve an infringement notice\n\n(1) An authorised officer may serve an infringement notice on any person that the officer has reason to believe has committed an offence against—\n\n(a) section 93BD(7) (obscuring, damaging or destroying a notice of proposed entry affixed under section 93BD); or\n\n(b) section 93BH(6) (obscuring, damaging or destroying a notice of application for entry order affixed under section 93BH); or\n\n(c) section 93BM(5) (obscuring, damaging or destroying copy of order affixed under section 93BM); or\n\n(d) section 93BQ(2) (failure to provide identification); or\n\n(e) section 93BQ(5) (failure to comply with direction to produce evidence of identification); or\n\n(f) section 93BS(2) (hindering, obstructing or delaying authorised activity).\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 93BW inserted by No. 38/2025 s. 65.\n\n\t93BW Infringement penalties\n\nThe infringement penalties for the offences that are infringement offences under section 93BV(2) are as follows—\n\n(a) for an offence against section 93BD(7) (obscuring, damaging or destroying a notice of proposed entry affixed under section 93BD)—4 penalty units;\n\n(b) for an offence against section 93BH(6) (obscuring, damaging or destroying a notice of application for entry order affixed under section 93BH)—4 penalty units;\n\n(c) for an offence against section 93BM(5) (obscuring, for an offence against damaging or destroying copy of order affixed under section 93BM)—4 penalty units;\n\n(d) for an offence against section 93BQ(2) (failure to provide identification)—2 penalty units;\n\n(e) for an offence against section 93BQ(5) (failure to comply with direction to produce evidence of identification)—2 penalty units;\n\n(f) for an offence against section 93BS(2) (hindering, obstructing or delaying authorised activity)—4 penalty units.\n\nS. 93BX inserted by No. 38/2025 s. 65.\n\n\t93BX No double jeopardy\n\nIf an act or omission constitutes both an offence against this Act and a contempt of the Magistrates' Court in respect of an entry order, the offender is liable to be proceeded against for the offence or for contempt or both, but is not liable to be punished more than once for the same act or omission.\n\nPt 5 Div. 4 (Heading) inserted by No. 38/2025 s. 61(5).\n\nDivision 4—Miscellaneous\n\nS. 93C (Heading) amended by No. 22/2013 s. 55(1).\n\nS. 93C inserted by No. 9/2006 s. 157(2).\n\n","sortOrder":153},{"sectionNumber":"93C","sectionType":"section","heading":"Notification of electricity corporations before railway operations carried out","content":"\t93C Notification of electricity corporations before railway operations carried out\n\nS. 93C(1) amended by No. 22/2013 s. 55(2).\n\n(1) A rail transport operator must, before carrying out railway operations that will threaten, or are likely to threaten, the safety of an electricity corporation's works, or the safe provision by the electricity corporation of electricity or other like services, notify that electricity corporation of the rail transport operator's intention to carry out those operations.\n\n1. In the case of a natural person, 60 penalty units;\n\nIn the case of a body corporate, 300 penalty units.\n\n***works*** includes power lines, equipment, devices, structures or undertakings.\n\n","sortOrder":154},{"sectionNumber":"94","sectionType":"section","heading":"Rateability of certain property","content":"\t94 Rateability of certain property\n\nS. 94(1) repealed by No. 23/2009 s. 14.\n\n(2) Despite anything to the contrary in the **Local Government Act 1989**, land is not occupied land for the purposes of that Act merely because any pole, wire or cable of a distribution company, transmission company or generation company is on, under or over that land.\n\n(3) The Loy Yang B land is rateable land and an agreement under section 27 of the **Loy Yang B Act 1992** in force immediately before 8 May 1997 has effect as if it had been entered into under subsection (4)(a) of this section.\n\n(4) Despite anything in the **Local Government Act 1989**—\n\nS. 94(4)(a) amended by No. 1/2017 s. 10(1)(a).\n\n(a) a generation company, an associated entity of a generation company or an exempt generator that is liable to pay rates in respect of land used for generation functions may, instead of paying rates in respect of that land, elect by notice in writing given to the relevant council to pay amounts agreed or determined under subsection (5); or\n\nS. 94(4)(b) amended by No. 1/2017 s. 10(1)(b).\n\n(b) the relevant council may, by notice in writing given to a generation company, an associated entity of a generation company or an exempt generator that is liable to pay rates in respect of land used for generation functions, require that company, associated entity or exempt generator to pay, instead of rates in respect of that land, amounts agreed or determined under subsection (5).\n\nS. 94(5) amended by No. 1/2017 s. 10(2).\n\n(5) A generation company, associated entity or exempt generator that elects to, or is required to, pay amounts under this subsection must pay to the relevant council—\n\nS. 94(5)(a) amended by No. 1/2017 s. 10(2).\n\n(a) such amount or amounts as are agreed between the generation company, associated entity or exempt generator and the relevant council, at such times as are so agreed; or\n\nS. 94(5)(b) amended by Nos 1/2017 s. 10(2), 9/2020 s. 379.\n\n(b) if, at any time, the amount required to be paid is not the subject of an agreement under paragraph (a) or the prior determination of an arbitrator, such amount and at such times as are determined by an arbitrator jointly appointed by the generation company, associated entity or exempt generator and the relevant council or, if within a reasonable time they fail to agree on such an appointment, by the chairperson of the Victorian Local Government Grants Commission as arbitrator or by another arbitrator nominated by that chairperson.\n\nS. 94(6) substituted by No. 33/2005 s. 4(1).\n\n(6) In determining an amount required to be paid under subsection (5), an arbitrator must have regard to any methodology prescribed by an Order under subsection (6A).\n\nS. 94(6A) inserted by No. 33/2005 s. 4(1).\n\n(6A) The Governor in Council may, by Order published in the Government Gazette, prescribe a methodology for determining amounts payable under subsection (5).\n\nS. 94(6B) inserted by No. 33/2005 s. 4(1).\n\n(6B) A power may only be exercised under subsection (6A) on the joint recommendation of the Minister and the Minister administering the **Local Government Act 1989**.\n\nS. 94(7) amended by No. 50/2011 s. 46(Sch. item 5.1).\n\n(7) The **Commercial Arbitration Act 2011** applies to arbitrations under this section.\n\nS. 94(8) amended by No. 1/2017 s. 10(3).\n\n(8) Section 221 of the **Local Government Act 1989** does not apply in relation to land owned or occupied by a generation company, an associated entity of a generation company or an exempt generator which is land used for generation functions.\n\nS. 94(8A) inserted by No. 25/2004 s. 9, amended by No. 1/2017 s. 10(4).\n\n(8A) A generation company, an associated entity of a generation company or an exempt generator is deemed for the purposes of this section to be liable to pay rates in respect of land used for generation functions if the generation company, the associated entity or the exempt generator—\n\n(a) is liable to pay rates in respect of the land under the **Local Government Act 1989**; or\n\n(b) is liable to pay rates in respect of the land under an agreement with the person who is liable to pay rates in respect of the land under the **Local Government Act 1989**.\n\n***associated entity***, in relation to a generation company, means a person to whom an exemption under section 17 applies in respect of an activity relating to the generation of electricity for supply or sale, being an activity for which the generation company holds a licence under Part 2;\n\nS. 94(9) def. of *exempt generator* inserted by No. 1/2017 s. 10(5)(a).\n\n***exempt generator*** means a person to whom an exemption under an Order made under section 17 applies in respect of the generation of electricity for supply or sale;\n\nS. 94(9) def. of *land used for generation functions* substituted by No. 33/2005 s. 4(2)(a), amended by No. 1/2017 s. 10(5)(b).\n\n***land used for generation functions*** means land used primarily for the generation of electricity on which a generation facility is situated—\n\n(a) whether or not the land consists of more than one parcel of land; and\n\n(b) if the land consists of more than one parcel, whether or not those parcels are contiguous or in the same ownership;\n\n***Loy Yang B land*** means the land shown hatched on the plan in Schedule 2 to the **Loy Yang B Act 1992**;\n\nS. 94(9) def. of *relevant council* substituted by No. 33/2005 s. 4(2)(b).\n\n***relevant council*** means any council in whose municipal district any land used for generation functions (or any part of that land) is situated.\n\nPart 6—Electricity supply emergency provisions\n\nDivision 1—Emergency provisions\n\n\t95 Proclamation that this Part applies\n\n(1) If it appears to the Governor in Council that—\n\n(a) an event has occurred, or is about to occur, which may endanger an undertaking of a distribution company, a transmission company or a generation company or a person who supplies electricity to another person or materially affect the safe, economical or effective supply of electricity; or\n\n(b) the available supply of electricity is, or is likely to become, less than is sufficient for the reasonable requirements of the community—\n\nthe Governor in Council may by proclamation declare that this Part is to apply.\n\n(2) The proclamation must be published in the Government Gazette.\n\n(3) The proclamation takes effect on the date of its publication.\n\nS. 95(4) inserted by No. 32/2001 s. 28(7).\n\n(4) The Governor in Council may at any time revoke a proclamation.\n\n","sortOrder":155},{"sectionNumber":"96","sectionType":"section","heading":"Powers of Minister","content":"\t96 Powers of Minister\n\n(1) While a proclamation is in force, the Minister may give any directions that the Minister thinks necessary to—\n\n(a) protect any undertaking of a distribution company, a transmission company or a generation company or a person who supplies electricity to another person; or\n\n(b) ensure the safe, economical or effective supply of electricity; or\n\n(c) ensure that the available electricity is fairly distributed to the community; or\n\n(d) increase the available supply of electricity; or\n\n(e) regulate the use of the available supply of electricity, having regard to the needs of the community.\n\n(2) Without limiting subsection (1), the Minister may, by notice in writing, do all or any of the following—\n\n(a) give any directions that are necessary to control, direct, authorise conduct in relation to, restrict or prohibit the supply, distribution, sale, use or consumption of electricity;\n\n(b) direct a person or body to carry out any work required to ensure the generation, supply or distribution of electricity;\n\n(c) direct a person or body to maintain or operate any services required to ensure the generation, supply or distribution of electricity;\n\n(d) requisition the use of property of any kind which is used, or may be used, for or in connection with the generation, supply or distribution of electricity;\n\n(e) operate, use, dispose of, distribute, store, repair and maintain any such property;\n\n(f) authorise a person specified in the notice to enter any land, building or structure used for or in connection with the provision of electricity;\n\n(g) authorise a person specified in the notice to withdraw the supply of electricity from any consumer the person reasonably believes is in breach of any direction given under paragraph (a);\n\n(h) provide, by direction, for any matter or thing incidental to the carrying into effect of the powers referred to in this section.\n\n(3) A direction—\n\n(a) may operate generally, or may be limited in its operation according to specified times, places, circumstances, conditions or restrictions; and\n\n(b) may, if so specified in the direction, allow the Minister to exempt a person or body from having to comply with the direction; and\n\n(c) may be addressed or directed to people and bodies generally or particularly; and\n\n(d) subject to subsection (7), takes effect when made or, if a later time is specified in the direction, at that later time; and\n\n(e) has effect as if enacted in this Act.\n\n(4) A direction including a direction under subsection (6) must be published in the Government Gazette as soon as possible after it is made.\n\n(5) Notice of a requisition relating to a class of property must be published in the Government Gazette as soon as possible after it is made.\n\n(6) The Minister may at any time by direction under this section amend or revoke a direction made, or purportedly made, under this section or may return requisitioned property.\n\n(7) If a direction of the Minister under subsection (6) amending an earlier direction for the purpose of correcting a defect, mistake or omission—\n\n(a) includes the statement that the earlier direction is deemed to have been made as so amended; and\n\n(b) is made not later than 3 months after the earlier direction was made—\n\nthe earlier direction is deemed to have been made as so amended.\n\n(8) If the Minister requisitions the use of property under subsection (2)(d), the reasonable costs of compensating the owner of that property for the requisition and making good any damage resulting from the requisition must be determined by the Minister.\n\nS. 96(9) amended by No. 50/2011 s. 46(Sch. item 5.2).\n\n(9) If there is a dispute as to the Minister's determination, the Minister must refer the matter for arbitration by a sole arbitrator under the **Commercial Arbitration Act 2011**.\n\n(10) Requisitioned property that has not been disposed of must be returned as soon as it is safe to do so after the Governor in Council revokes a proclamation.\n\n(11) The amendment, revocation or expiry of a direction does not affect—\n\n(a) the previous operation of the direction; or\n\n(b) the validity of any action taken under the direction before the amendment, revocation or expiry; or\n\n(c) any penalty or punishment incurred in respect of any failure to comply with the direction before the amendment, revocation or expiry or any proceeding or remedy in respect of the penalty or punishment.\n\n","sortOrder":156},{"sectionNumber":"97","sectionType":"section","heading":"Offences","content":"\t97 Offences\n\n(1) A person or body who is aware of a direction under section 96 must comply with the direction.\n\n(2) A person—\n\n(a) to whom electricity is supplied; and\n\n(b) who is aware of a direction restricting or prohibiting the use of electricity—\n\nmust do everything reasonably possible to ensure that electricity is not used on the land or premises to which the electricity is supplied in contravention of the direction.\n\n(3) A person must not obstruct another person—\n\n(a) exercising a power given to; or\n\n(b) complying with an obligation imposed on—\n\nthe other person under section 96 if the person has been shown a copy of the notice giving the power or imposing the obligation.\n\n(4) A person is deemed to be aware of a direction if the Minister has caused—\n\n(a) the direction to be published in a newspaper circulating throughout the area in which the direction applies; or\n\n(b) details of the direction to be broadcast by means of radio or television transmission throughout the area in which the direction applies.\n\n(5) In any proceedings for an offence against this section, a certificate purporting to be signed by the Minister to the effect that details of a direction were broadcast by means of radio or television transmission throughout a particular area on a specified day is evidence of the facts set out in the certificate.\n\nS. 97(6) amended by No. 68/2009 s. 97(Sch. item 49.2).\n\n(6) In any proceedings for an offence against this section, if a direction was made in respect of part of a day and first broadcast on that day, it is sufficient defence for the accused to prove that at the time of the commission of the offence, the accused—\n\n(a) did not know; and\n\n(b) could not reasonably have known—\n\nof the direction.\n\n(7) A person must not contravene subsection (1), (2) or (3).\n\n1. in the case of a natural person, 100 penalty units.\n\nin the case of a body corporate, 10 000 penalty units.\n\n(8) An offence by a body corporate under subsection (7) is an indictable offence.\n\n(9) If an offence is committed by a person by reason of a failure to comply, within the period specified in a direction under subsection (1), with the requirements specified in the direction, the offence, for the purposes of subsection (10) is deemed to continue so long as any requirement specified in the direction remains undone, whether or not the period has elapsed.\n\n(10) If, under subsection (9), an offence is deemed to continue, the person who committed the offence commits an additional offence on each day during which the offence is deemed to continue and is liable, upon conviction for such an additional offence, to a penalty not exceeding one tenth of the penalty for the first-mentioned offence.\n\n(11) If a body corporate commits an offence against this section, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it.\n\n(12) An offence under subsection (11) is an indictable offence.\n\n(13) A person may be proceeded against and convicted under a provision in accordance with subsection (11) whether or not the body corporate has been proceeded against or convicted under that provision.\n\n(14) If in a proceeding for an offence against this section it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.\n\n(15) In subsection (11), ***officer***, in relation to a body corporate, means—\n\n(a) a director, secretary or executive officer of the body corporate; or\n\n(b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or\n\n(c) a person concerned in the management of the body corporate.\n\n(16) If this section provides that a person is guilty of an offence, that reference to a person must—\n\n(a) in the case of a partnership, be read as a reference to each member of the partnership; and\n\n(b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.\n\n","sortOrder":157},{"sectionNumber":"98","sectionType":"section","heading":"Judicial notice","content":"\t98 Judicial notice\n\nAll courts and any person acting judicially must take judicial notice of any proclamation, direction or general requisition made, given or imposed under this Part.\n\n","sortOrder":158},{"sectionNumber":"99","sectionType":"section","heading":"Immunity from suit","content":"\t99 Immunity from suit\n\nA person acting in good faith in the execution of this Part or any proclamation or direction under this Part is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of the operation of this Part or of any thing done or purporting to be done under this Part or any proclamation or direction under this Part.\n\nS. 99A inserted by No. 51/2012 s. 5.\n\n","sortOrder":159},{"sectionNumber":"99A","sectionType":"section","heading":"Corporations Act displacement","content":"\t99A Corporations Act displacement\n\nThis Division is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n\nDivision 2—Enforcement\n\n","sortOrder":160},{"sectionNumber":"100","sectionType":"section","heading":"Powers of entry—enforcement","content":"\t100 Powers of entry—enforcement\n\n(1) If an enforcement officer has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Part, the enforcement officer may—\n\n(a) enter the land or premises; and\n\n(b) search for the thing.\n\n(2) An enforcement officer must not enter land or premises under this section except—\n\n(a) with the written consent of the occupier of the land or premises; or\n\n(b) under the authority of a search warrant.\n\n","sortOrder":161},{"sectionNumber":"101","sectionType":"section","heading":"Occupier to be given copy of consent","content":"\t101 Occupier to be given copy of consent\n\n(1) An occupier who consents in writing to entry of his or her land or premises under section 100 must be given a copy of the signed consent immediately.\n\n(2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search.\n\n","sortOrder":162},{"sectionNumber":"102","sectionType":"section","heading":"Search warrant","content":"\t102 Search warrant\n\n(1) An enforcement officer may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the enforcement officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Part.\n\nS. 102(2) amended by No. 6/2018 s. 68(Sch. 2 item 46).\n\n(2) A magistrate may issue a search warrant under this section if the magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Part.\n\n(3) The search warrant may authorise an enforcement officer named in the warrant and any assistants the enforcement officer considers necessary—\n\n(a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and\n\n(b) to search for the thing named or described in the warrant.\n\n(4) In addition to any other requirement, a search warrant issued under this section must state—\n\n(a) the offence suspected; and\n\n(b) the land or premises to be searched; and\n\n(c) a description of the thing for which the search is to be made; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) whether entry is authorised to be made at any time or during stated hours; and\n\n(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(6) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\n","sortOrder":163},{"sectionNumber":"103","sectionType":"section","heading":"Announcement before entry","content":"\t103 Announcement before entry\n\n(1) Before executing a search warrant, the enforcement officer named in the warrant or a person assisting the enforcement officer named in the warrant must—\n\n(a) announce that he or she is authorised by the warrant to enter the land or premises; and\n\n(b) give any person at the land or premises an opportunity to allow entry to the land or premises.\n\n(2) The enforcement officer or a person assisting the enforcement officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the land or premises is required to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\n","sortOrder":164},{"sectionNumber":"104","sectionType":"section","heading":"Copy of warrant to be given to occupier","content":"\t104 Copy of warrant to be given to occupier\n\nIf the occupier or another person who apparently represents the occupier is present at the land or premises when a search warrant is being executed, the enforcement officer must—\n\n(a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and\n\n(b) give to that person a copy of the execution copy of the warrant.\n\nS. 105 (Heading) inserted by No. 39/2005 s. 55(2).\n\n","sortOrder":165},{"sectionNumber":"105","sectionType":"section","heading":"Person authorised by Energy Safe Victoria can bring proceedings","content":"\t105 Person authorised by Energy Safe Victoria can bring proceedings\n\nS. 105(1) amended by No. 39/2005 s. 55(3).\n\n(1) A person authorised by Energy Safe Victoria either generally or in a particular case to bring proceedings for an offence against this Part, may bring those proceedings.\n\nS. 105(2) amended by No. 39/2005 s. 55(3).\n\n(2) If proceedings referred to in subsection (1) are brought by a person authorised to do so, the proceedings may be conducted by any other person authorised by Energy Safe Victoria to bring proceedings of that kind.\n\nS. 105(3) amended by No. 39/2005 s. 55(3).\n\n(3) All courts must take judicial notice of the fact that a person is authorised by Energy Safe Victoria to bring proceedings referred to in subsection (1) or conduct proceedings under subsection (2), as the case requires.\n\nS. 105(4) substituted by Nos 39/2005 s. 55(4), 4/2020 s. 54, repealed by No. 12/2023 s. 4(2).\n\nDivision 3—Infringement notices\n\n","sortOrder":166},{"sectionNumber":"106","sectionType":"section","heading":"Definition","content":"\t106 Definition\n\n***prescribed offence*** means an offence against section 97(7) constituted by the use of electricity by a person in contravention of a direction under section 96—\n\n(a) of which the person is aware or is deemed under section 97 to be aware; and\n\n(b) which applies to the person—\n\nbut does not include an offence by a body corporate.\n\n","sortOrder":167},{"sectionNumber":"107","sectionType":"section","heading":"Power to serve a notice","content":"\t107 Power to serve a notice\n\n(1) An enforcement officer may serve an infringement notice on any person that he or she has reason to believe has committed a prescribed offence.\n\nS. 107(2) substituted by No. 32/2006 s. 94(Sch. item 13(1)).\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 108 repealed by No. 32/2006 s. 94(Sch. item 13(2)).\n\nS. 109 amended by No. 10/2004 s. 15(Sch. 1 item 8(a)(b)).\n\n","sortOrder":168},{"sectionNumber":"109","sectionType":"section","heading":"Infringement penalties","content":"\t109 Infringement penalties\n\nThe infringement penalty for an offence against a prescribed offence is 5 penalty units in the case of a natural person and 10 penalty units in the case of a body corporate.\n\nSs 110–115 repealed by No. 32/2006 s. 94(Sch. item 13(2)).\n\nPt 6A (Heading and ss 109A–109C) inserted by No. 41/2021 s. 52.\n\n","sortOrder":169},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Compliance and enforcement reporting","content":"Part 6A—Compliance and enforcement reporting\n\nS. 109A inserted by No. 41/2021 s. 52.\n\n","sortOrder":170},{"sectionNumber":"109A","sectionType":"section","heading":"Compliance and enforcement report—retailers","content":"\t109A Compliance and enforcement report—retailers\n\n(1) The Commission must, as soon as practicable after 30 June (but on or before 30 November) in each year publish on its Internet site a report (a ***compliance and enforcement report***) on the matters referred to in subsection (2) in respect of the period of 12 months ending with 30 June in that year.\n\n(2) A compliance and enforcement report must include the following (in relation to the period to which the report relates)—\n\n(a) a report on all enforcement action taken by the Commission in respect of each retailer;\n\n(b) a report on all injunctions granted under Division 5 of Part 7 of the **Essential Services Commission Act 2001** (other than an injunction granted under section 54ZJ of that Act);\n\n(c) a report on the extent to which each retailer has complied, or failed to comply, with its obligations under its licence conditions and the provisions of any Code of Practice;\n\n(d) a report on the performance of each retailer measured against the performance indicators;\n\n(e) any other matters the Commission considers appropriate.\n\n(3) The Commission, after each quarter, must update the report in respect of that quarter, and must do so before the end of the next quarter.\n\n***enforcement action*** means any of the following—\n\n(a) the service of a compliance notice within the meaning of section 3 of the **Essential Services Commission Act 2001**;\n\n(b) the making of a contravention order within the meaning of section 3 of the **Essential Services Commission Act 2001**;\n\n(c) the acceptance of an enforceable undertaking within the meaning of section 3 of the **Essential Services Commission Act 2001**;\n\n(d) the making of an order under section 54ZF of the **Essential Services Commission Act 2001**;\n\n(e) the payment of a penalty notice within the meaning of section 3 of the **Essential Services Commission Act 2001**;\n\n(f) the variation of a licence condition by the Commission under section 29A;\n\n(g) any other prescribed action;\n\n***performance indicators***  means the indicators for the performance of a retailer determined by the Commission under section 109B;\n\n***quarter***  means the period of 3 months ending on 30 September, 31 December, 31 March or 30 June in any year.\n\nS. 109B inserted by No. 41/2021 s. 52.\n\n","sortOrder":171},{"sectionNumber":"109B","sectionType":"section","heading":"Performance indicators for compliance and enforcement reports","content":"\t109B Performance indicators for compliance and enforcement reports\n\n(1) For the purposes of a compliance and enforcement report under section 109A, the Commission must determine—\n\n(a) indicators for the performance of a retailer in relation to—\n\n(i) disconnections and reconnections of the supply of electricity to the premises of customers; and\n\n(ii) the extent to which the retailer has complied with the deemed licence condition in section 40B; and\n\nS. 109B(1) (a)(iii) substituted by No. 28/2021 s. 10A(1) (as amended by No. 41/2021 s. 104).\n\n(iii) the number of penalty notices (if any) in relation to wrongful disconnections paid by the retailer under Division 2 of Part 7 of the **Essential Services Commission Act 2001**; and\n\n(b) any other indicators for the performance of a retailer the Commission determines.\n\nS. 109B(2) def. of *Energy Retail Code* repealed by No. 28/2021 s. 10A(2)(b) (as amended by No. 41/2021 s. 104).\n\nS. 109B(2) def. of *specified* *penalty notice* repealed by No. 28/2021 s. 10A(2)(b) (as amended by No. 41/2021 s. 104).\n\nS. 109B(2) def. of *wrongful disconnection* inserted by No. 28/2021 s. 10A(2)(a) (as amended by No. 41/2021 s. 104).\n\n***wrongful disconnection*** means the disconnection of the supply of electricity to the premises of a customer arranged by a retailer other than in accordance with Subdivision 3 of Division 5C of Part 2;\n\nS. 109C inserted by No. 41/2021 s. 52.\n\n","sortOrder":172},{"sectionNumber":"109C","sectionType":"section","heading":"Reporting of systemic issues referred to Commission","content":"\t109C Reporting of systemic issues referred to Commission\n\n(1) A person administering a customer dispute resolution scheme may refer a matter in relation to a licensee to the Commission if the person believes that there is a problem with, or change in, the licensee's policy, practice or conduct that adversely affects, or has the potential to adversely affect, a number of customers (a ***systemic issue***).\n\n(2) Without limiting subsection (1), a systemic issue includes any of the following—\n\n(a) a change to the licensee's billing, metering, supply or other systems;\n\n(b) an absence of a policy, procedure or guideline in relation to a matter;\n\n(c) inadequate policies, procedures or guidelines;\n\n(d) a failure to comply with applicable legislation (including any regulations), licence conditions or Codes of Practice;\n\n(e) the conduct of the licensee's employee, agent, officer or contractor.\n\n(3) If a person administering a customer dispute resolution scheme refers a systemic issue to the Commission, the Commission must—\n\n(a) as soon as practicable after receiving the referral, provide a copy of the referral to the Minister; and\n\n(b) report to the Minister—\n\n(i) the action (if any) it proposes to take to address the systemic issue; and\n\n(ii) the time within which it intends to take that action; and\n\n(c) as soon as practicable after the period referred to in paragraph (b)(ii) ends, report to the Minister the outcome of the action referred to in paragraph (b)(i).\n\n(4) The Minister may direct the Commission to give a copy of a report given to the Minister under subsection (3)(c) to the person who made the referral under subsection (1).\n\n(5) A person who refers a systemic issue to the Commission must also provide any information about the systemic issue that is available to the person to the Commission.\n\n***applicable legislation*** means—\n\n(a) the **Essential Services Commission Act 2001**; or\n\n(b) this Act;\n\n***customer dispute resolution scheme***  means a customer dispute resolution scheme approved by the Commission referred to in section 28.\n\nPt 6AB (Heading and ss 109D–109M) inserted by No. 12/2023 s. 3.\n\nPart 6AB—Electricity outage emergency directions\n\nS. 109D inserted by No. 12/2023 s. 3.\n\n","sortOrder":173},{"sectionNumber":"109D","sectionType":"section","heading":"Definitions","content":"\t109D Definitions\n\nIn this Part—\n\n***affected customer supply information*** means information relating to the supply of electricity at the premises of  an affected customer, including—\n\n(a) the address of the premises at which an affected customer is supplied electricity; and\n\n(b) information as to whether electricity is being supplied to the meter at the premises of an affected customer; and\n\n(c) information as to whether an affected customer is a life support customer;\n\n***affected customer*** means a deemed customer of a distribution company that is or has been affected by a disruption to the distribution or supply of electricity to them by an electricity outage emergency;\n\n***Class 2 emergency*** has the same meaning as in the **Emergency Management Act 2013**;\n\n***deemed customer***, of a distribution company, means a retail customer who is deemed to have entered into a contract with the distribution company under section 40A;\n\n***Department*** means Department of Energy, Environment and Climate Action;\n\n***Department Head*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department;\n\n***electricity outage emergency*** means a Class 2 emergency that is due to a disruption to the distribution or supply of electricity in the State or part of the State;\n\n***emergency*** ***direction*** means a written direction given under section 109E;\n\n***life support customer*** has the same meaning as in Division 5C of Part 2;\n\n***retail customer*** has the meaning given by section 40A(11).\n\nS. 109E inserted by No. 12/2023 s. 3.\n\n","sortOrder":174},{"sectionNumber":"109E","sectionType":"section","heading":"Power to give emergency direction","content":"\t109E Power to give emergency direction\n\n(1) Subject to this Part, the Department Head may give a written direction to a distribution company to do a thing specified in the direction if the Department Head—\n\n(a) is satisfied that an electricity outage emergency—\n\n(i) is occurring; or\n\n(ii) has occurred within 2 months before the date the Department Head proposes to give the direction; and\n\n(b) is of the opinion that giving the direction under this section to the distribution company is reasonably necessary to mitigate against the significant adverse impact of the electricity outage emergency on affected customers of the distribution company.\n\n(2) Without limiting subsection (1), the kinds of things that the Department Head may specify in the direction to be done by the distribution company include—\n\n(a) the giving of specified information to the Department Head, including—\n\n(i) the location where the distribution or supply of electricity to deemed customers of the distribution company has been disrupted; and\n\n(ii) the estimated time within which the distribution or supply of electricity to affected customers is likely to be restored; and\n\n(iii) details as to the severity of the disruption to the distribution or supply of electricity to affected customers; and\n\n(iv) affected customer supply information; and\n\n(v) any information that is prescribed; and\n\n(b) assisting, in specified ways, with the processing of applications by affected customers for payments, and the making of payments to affected customers, under specified payment schemes administered by the State which affected customers may access in or following an electricity outage emergency; and\n\n(c) providing specified relevant customer information for the administration of a payment scheme referred to in paragraph (b); and\n\n(d) providing, electronically and in hard copy, specified information about emergency relief programs and schemes that are available to affected customers (including a payment scheme referred to in paragraph (b) or relief programs or schemes administered by the Commonwealth or other entities); and\n\n(e) providing specified logistical support and assistance to providers of specified emergency relief programs and schemes being accessed or that may be accessed by affected customers; and\n\n(f) requiring specified persons (being officers, employees or agents of the distribution company) to attend specified places to provide specified information to affected customers, including information about—\n\n(i) the restoration of the distribution or supply of electricity to premises of affected customers by the distribution company; and\n\n(ii) the safety of affected customers; and\n\n(iii) emergency relief programs and schemes administered by the State or the Commonwealth or other entities that are available to be accessed by affected customers in or following an electricity outage emergency; and\n\n(g) any other thing that is prescribed.\n\n***relevant customer information*** includes—\n\n(a) names of affected customers and addresses of the premises of affected customers to which the distribution or supply of electricity has been disrupted; and\n\n(b) the number of occupants of premises referred to in paragraph (a); and\n\n(c) information as to whether electricity is being supplied to the meter at the premises of affected customers; and\n\n(d) any other information relating to affected customers held by the distribution company that is prescribed.\n\nS. 109F inserted by No. 12/2023 s. 3.\n\n","sortOrder":175},{"sectionNumber":"109F","sectionType":"section","heading":"Matters to be considered and things to be done before the giving of emergency direction","content":"\t109F Matters to be considered and things to be done before the giving of emergency direction\n\n(1) Before giving an emergency direction, the Department Head must—\n\n(a) consider whether the distribution company to be given the direction has the capacity and resources to do the things proposed to be specified in the emergency direction; and\n\n(b) consider alternatives (if any) to the things proposed to be specified in the direction and the feasibility of those alternatives.\n\n(2) In addition, before giving an emergency direction, the Department Head may consult any person that the Department Head considers appropriate to consult. The persons the Department Head may consult include—\n\n(a) AEMO;\n\n(b) Energy Safe Victoria;\n\n(c) retailers, generation companies, transmission companies and distribution companies.\n\nS. 109G inserted by No. 12/2023 s. 3.\n\n","sortOrder":176},{"sectionNumber":"109G","sectionType":"section","heading":"Period of effect of emergency direction","content":"\t109G Period of effect of emergency direction\n\n(1) An emergency direction takes effect on—\n\n(a) the date specified in the direction; or\n\n(b) if a date is not specified, on the day it is given to the distribution company.\n\n(2) Unless sooner revoked or extended under section 109H, an emergency direction ceases effect 14 days after it takes effect.\n\nS. 109H inserted by No. 12/2023 s. 3.\n\n","sortOrder":177},{"sectionNumber":"109H","sectionType":"section","heading":"Extension of effect of emergency direction","content":"\t109H Extension of effect of emergency direction\n\n(1) Subject to this section, before an emergency direction ceases effect, the Department Head may, by written notice given to the distribution company that is subject to the direction, extend the direction's effect for a period not exceeding 14 days.\n\n(2) The period of effect of an emergency direction may be extended under subsection (1) more than once.\n\n(3) However, an emergency direction cannot be extended so that the total period of days that the direction is in effect exceeds 60 days.\n\nS. 109I inserted by No. 12/2023 s. 3.\n\n","sortOrder":178},{"sectionNumber":"109I","sectionType":"section","heading":"Compliance with emergency direction","content":"\t109I Compliance with emergency direction\n\n(1) A distribution company given a direction under this Part must comply with the direction.\n\n(2) Subsection (1) is a civil penalty requirement for the purposes of the **Essential Services Commission Act 2001**.\n\nS. 109J inserted by No. 12/2023 s. 3.\n\n","sortOrder":179},{"sectionNumber":"109J","sectionType":"section","heading":"Direction of Minister under section 96 prevails over emergency direction","content":"\t109J Direction of Minister under section 96 prevails over emergency direction\n\nIf there is an inconsistency between a direction given under section 96 and an emergency direction, the direction given under section 96 prevails to the extent of the inconsistency.\n\nS. 109K inserted by No. 12/2023 s. 3.\n\n","sortOrder":180},{"sectionNumber":"109K","sectionType":"section","heading":"Register of emergency directions","content":"\t109K Register of emergency directions\n\n(1) The Department Head must maintain a register of emergency directions.\n\n(2) The register must include the following information in respect of every emergency direction—\n\n(a) the name of the distribution company given the direction;\n\n(b) the date the direction was given to the distribution company;\n\n(c) the date the direction took effect;\n\n(d) if the direction is not in effect, the date it ceased being in effect;\n\n(e) if the direction's period of effect was extended, the number of times the period was extended and the dates on which that period was extended.\n\n(3) The Department Head must cause the register maintained under subsection (1) to be published on the Department's internet site.\n\nS. 109L inserted by No. 12/2023 s. 3.\n\n","sortOrder":181},{"sectionNumber":"109L","sectionType":"section","heading":"Disclosure of information related to affected customers to certain public sector entities","content":"\t109L Disclosure of information related to affected customers to certain public sector entities\n\n(1) The Department Head may disclose to a public sector entity information related to affected customers given to the Department Head under an emergency direction if the Department Head is of the opinion that the disclosure is reasonably necessary to enable the public sector entity to perform functions and exercise powers to mitigate against the significant adverse impact of an electricity outage emergency on those affected customers.\n\n***public sector entity*** means—\n\n(a) a public service body Head within the meaning of the **Public Administration Act 2004**; or\n\n(b) a person employed in a public service body (as defined under the **Public Administration Act 2004**); or\n\n(c) a public entity within the meaning of the **Public Administration Act 2004**.\n\nS. 109M inserted by No. 12/2023 s. 3.\n\n","sortOrder":182},{"sectionNumber":"109M","sectionType":"section","heading":"Delegation","content":"\t109M Delegation\n\nThe Department Head, by instrument, may delegate a power of the Department Head under this Part (other than this power) to a person employed in the Department.\n\n","sortOrder":183},{"sectionNumber":"Part 7","sectionType":"part","heading":"General","content":"Part 7—General\n\nPt 7 Div. 1 (Heading and ss 116AA–116AAE) inserted by No. 28/2021 s. 12.\n\nDivision 1—General enforcement\n\nS. 116AA inserted by No. 28/2021 s. 12.\n\n116AA Offence to give false or misleading information or documents\n\n(1) A licensee must not give the Commission information that the licensee is required to give to the Commission under or for the purposes of this Act that the licensee knows*—*\n\n(a)  to be false or misleading in any material particular; or\n\n(b) omits any matter or thing without which the information is misleading.\n\nPenalty: In the case of a natural person, 120 penalty units or 12 months imprisonment;\n\nIn the case of a body corporate, 6000 penalty units.\n\n(2) A licensee must not produce a document to the Commission that the licensee is required to produce to the Commission under or for the purposes of this Act if—\n\n(a) the licensee knows that the document is false or misleading in a material particular; and\n\n(b) the licensee does not indicate the respect in which the document is false or misleading.\n\nPenalty: In the case of a natural person, 120 penalty units or 12 months imprisonment;\n\nIn the case of a body corporate, 6000 penalty units.\n\n(3) An offence against subsection (1) or (2) is an indictable offence.\n\nS. 116AAB inserted by No. 28/2021 s. 12.\n\n\t116AAB Monetary benefits orders\n\n(1) If a court finds a person guilty of an offence against Division 5C of Part 2 or section 116AA(1) or (2), the court may, on the application of the Commission, make an order under subsection (2).\n\n(2) The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents 3 times the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the offence.\n\n(3) Any amounts received by the Commission pursuant to an order under subsection (2) are to be paid into the Consolidated Fund.\n\nS. 116AAC inserted by No. 28/2021 s. 12.\n\n\t116AAC Determining amount to be paid under monetary benefits order\n\n(1) When determining an amount that the person must pay under an order made under section 116AAB(2), the court may take into account—\n\n(a) the person's financial circumstances; and\n\n(b) any amount submitted to the court by the Commission under subsection (2).\n\n(2) The Commission, or a person authorised by the Commission, may submit to the court the amount the Commission considers to be a reasonable estimate of the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which the order under section 116AAB(2) is sought, as determined in accordance with—\n\n(a) a prescribed guideline, method or protocol; or\n\n(b) any other method the Commission considers appropriate.\n\n(3) For the purposes of section 116AAB(2), the court may assume that an amount represents the amount of any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of the offence if—\n\n(a) the Commission submits that amount to the court under subsection (2); and\n\n(b) the Commission determined that amount in accordance with a prescribed guideline, method or protocol.\n\n(4) The amount of money that the court may order a person to pay under section 116AAB(2) is not limited by—\n\n(a) any penalty that may be imposed under this Act; or\n\n(b) the jurisdictional limit for a civil proceeding specified under section 100(1) of the **Magistrates' Court Act 1989**.\n\n(5) Nothing in an order made under section 116AAB(2) or in this section affects the operation of Part 8 of the **Confiscation Act 1997**.\n\nS. 116AAD inserted by No. 28/2021 s. 12.\n\n\t116AAD Recovery of amounts ordered to be paid\n\nIf a court orders a person to pay an amount under an order made under section 116AAB(2)—\n\n(a) the amount is a debt due to the State; and\n\n(b) the Commission may, on behalf of the State, recover the amount in any court of competent jurisdiction*.*\n\nS. 116AAE inserted by No. 28/2021 s. 12.\n\n\t116AAE Adverse publicity orders\n\n(1) If a court finds a person guilty of an offence against Division 5C of Part 2 or section 116AA(1) or (2), the court may make an adverse publicity order against the person.\n\n(2) In making an adverse publicity order, the court may—\n\n(a) specify the period within which the order must be complied with; and\n\n(b) impose any other requirement that the court considers necessary or expedient to make the order effective.\n\n(3) This section does not limit a court's powers under any other provision of this Act or any other Act.\n\n***adverse publicity order*** means an order that—\n\n(a) requires a person to disclose, in the way and to the persons specified in the order, such information as is so specified, being information that the person has possession of or access to; or\n\n(b) requires a person to publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.\n\nPt 7 Div. 2 (Heading) inserted by No. 28/2021 s. 12.\n\nDivision 2—Miscellaneous\n\n","sortOrder":184},{"sectionNumber":"116","sectionType":"section","heading":"Delegation by Minister","content":"\t116 Delegation by Minister\n\nThe Minister may, by instrument, delegate to any person any function or power of the Minister under this Act, other than this power of delegation.\n\nS. 117 amended by No. 11/2002 s. 3(Sch. 1 item 18), repealed by No. 23/2009 s. 15.\n\n","sortOrder":185},{"sectionNumber":"118","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t118 Supreme Court—limitation of jurisdiction\n\nIt is the intention of sections 84 and 99 to alter or vary section 85 of the **Constitution Act 1975**.\n\n","sortOrder":186},{"sectionNumber":"119","sectionType":"section","heading":"Regulations","content":"\t119 Regulations\n\nS. 119(1) substituted by No. 41/2021 s. 53.\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) prescribing provisions of this Act  as civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**;\n\n(b) prescribing determinations made under this Act as civil penalty requirements for the purposes of the **Essential Services Commission Act 2001**;\n\n(c) prescribing amounts for the purposes of section 54E(b), (c), (d), (g) or (h) of the **Essential Services Commission Act 2001**;\n\n(d) prescribing amounts of notice penalties for the purposes of section 54U(b), (c), (d), (g) or (h) of the **Essential Services Commission Act 2001**;\n\n(e) prescribing any other matter that is required for the operation of civil penalty orders in Division 1 of Part 7 of the **Essential Services Commission Act 2001**;\n\n(f) prescribing any other matter that is required to be prescribed for the operation of the penalty notice regime in Division 2 of Part 7 of the **Essential Services Commission Act 2001**;\n\n(g) any other matter required or permitted by this Act to be prescribed or necessary or required to be prescribed to give effect to this Act.\n\nS. 119(1A) inserted by No. 41/2021 s. 53.\n\n(1A) Regulations made under this Act may—\n\nS. 119(1A)(b) amended by No. 12/2023 s. 5.\n\n(b) differ according to time, place or circumstances;\n\n(c) confer a discretionary authority or impose a duty on a specified person or a specified class of person.\n\n(2) The regulations are subject to disallowance by a House of the Parliament.\n\nPt 8 (Heading and s. 120) inserted by No. 11/2013 s. 9.\n\n","sortOrder":187},{"sectionNumber":"Part 8","sectionType":"part","heading":"Savings and transitionals","content":"Part 8—Savings and transitionals\n\nS. 120 inserted by No. 11/2013 s. 9.\n\n","sortOrder":188},{"sectionNumber":"120","sectionType":"section","heading":"Transitional provision—Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013","content":"\t120 Transitional provision—Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013\n\n(1) Unless the context otherwise requires, on and after the commencement of section 5 of the **Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013**, every reference in a current AMI Order to a relevant licensee is taken to be a reference to a relevant entity.\n\n(2) In this section, ***current AMI Order*** means an Order under section 46D that is in force immediately before the commencement of section 5 of the **Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013**.\n\nS. 121 inserted by No. 1/2017 s. 6.\n\n","sortOrder":189},{"sectionNumber":"121","sectionType":"section","heading":"Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017","content":"\t121 Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017\n\n(1) Despite the amendments made to this Act by Division 1 of Part 2 of the amending Act, the rate applying for the 2017 year under section 40FBA (as in force immediately before the commencement of section 4 of the amending Act) for the purposes of section 40FB(2)(a) (as in force immediately before that commencement) is taken to continue to apply until the day the first rate or rates determined under section 40FBB apply under section 40FBA for the purposes of section 40FB(2)(a).\n\n***amending Act*** means the **Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017**.\n\nS. 122 inserted by No. 41/2021 s. 54.\n\n","sortOrder":190},{"sectionNumber":"122","sectionType":"section","heading":"Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021","content":"\t122 Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021\n\n(1) Despite the substitution of section 22 by section 43 of the amending Act, a determination made under section 22 before the commencement of section 43 continues to have effect until the earlier of—\n\n(a) the day on which a new determination takes effect under section 22(5); or\n\n(b) the first anniversary of the day on which section 43 of the amending Act comes into operation.\n\n***amending Act*** means the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**.\n\nS. 123 inserted by No. 14/2025 s. 29.\n\n","sortOrder":191},{"sectionNumber":"123","sectionType":"section","heading":"Savings and transitional provisions—Regulatory Legislation Amendment (Reform) Act 2025","content":"\t123 Savings and transitional provisions—Regulatory Legislation Amendment (Reform) Act 2025\n\n(1) Despite the substitution of section 40FBB(2)(a) by section 27 of the amending Act, a determination made under section 40FBB before the commencement of section 27 of the amending Act continues to have effect until a new determination takes effect under section 40FBB.\n\n***amending Act*** means the **Regulatory Legislation Amendment (Reform) Act 2025**.\n\nS. 124 inserted by No. 13/2025 s. 97D.\n\n","sortOrder":192},{"sectionNumber":"124","sectionType":"section","heading":"Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025","content":"\t124 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025\n\n(1) Despite the amendments made to this Act by Part 7A of the amending Act, the rate or rates applying for the 2024 financial year under section 40FBA (as in force immediately before the commencement of section 97A of the amending Act) for the purposes of section 40FB(2)(a) are taken to continue to apply until 30 June 2025 for the purposes of section 40FB(2)(a).\n\n(2) This section does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n***amending Act*** means the **Energy and Land Legislation Amendment (Energy Safety) Act 2025**.\n\nSchedule\n\nEasements set apart for electricity corporations\n\nEasements set apart or appropriated for the use of an electricity corporation under section 88.\n\n| Column 1 | Column 2 |\n| Power Line | Full and free right and liberty to and for an electricity corporation and its transferees and its and their contractors, servants agents and workmen at all times hereafter to enter in and upon the land to which the easement applies and to take onto or remove from such land any plant machines vehicles equipment or materials and to clear and to keep free such land of any buildings whatsoever and of anything which is or may be an obstruction to the rights hereby described including trees more than 2⋅7 metres in height or any structure more than 2⋅7 metres in height for every overhead electric cable or wire and including all trees and structures for every cable or wire laid underground and to construct lay or place one or more poles cables wires, marker posts, service pillars, stays or guy wires and to lay underground and fix and cover in such cables wires pipes ducts outlets galvanised iron pipe conduits poly vinyl chloride conduits and other apparatus appliances and protective coverings as may be required or desired for the transmission of electricity (all of which are hereinafter called \"the said appliances\") but so always that every overhead electric cable or wire shall be erected at least 4⋅6 metres above the then surface of such land and every cable or wire laid underground shall be laid at least 0⋅45 metres below the said then surface except when entering or leaving the ground of such land and also to carry out thereon such digging, cutting and excavating as may be reasonably necessary for the said appliances and keeping the said excavations free of the injurious accumulation of water but so that every excavation will be covered in as soon as possible and also to use such land and the said appliances for all purposes of and incidental to transmitting electricity safely and economically across such land at any time hereinafter and also to inspect maintain in good and efficient working order repair renew and remove |\n|  |  |\n|  | the said appliances and also from time to time to go pass and repass for all purposes aforesaid either with or without plant machines vehicles equipment or material through over and along such land. |\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 7 September 2000*\n\n*Legislative Council: 25 October 2000*\n\nThe long title for the Bill for this Act was \"to regulate the electricity supply industry and for other purposes.\"\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 7 September 2000*\n\n*Legislative Council: 25 October 2000*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 24 October 2000*\n\n*Legislative Council: 14 November 2000*\n\nThe **Electricity Industry Act 2000** was assented to on 21 November 2000 and came into operation as follows:\n\nSections 1 and 2 on 22 November 2000: section 2(1); sections 3–18,  \n19(1)–(4)(6)–(8), 20–82, 84–119, Schedule on 1 January 2001: section 2(4); section 83 on 1 January 2001: Government Gazette 21 December 2000 page 2980; section 19(5) never proclaimed, repealed by section 4 of **Energy Legislation Amendment Act 2007**, No. 35/2007.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Electricity Industry Act 2000** by Acts and subordinate instruments.\n\nWhere a provision has expired, the provision has been omitted and an explanatory sidenote included.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Electricity Industry Acts (Further Amendment) Act 2001, No. 13/2001**\n\n| Assent Date: | 22.5.01 |\n| Commencement Date: | Ss 3, 4, 6–9 on 23.5.01: s. 2(1); s. 10 on 28.6.01: Government Gazette 28.6.01 p. 1427; s. 5 on 6.9.01: Government Gazette 6.9.01 p. 2261 |\n\n**Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001**\n\n| Assent Date: | 19.6.01 |\n| Commencement Date: | S. 28 on 1.9.01: s. 2(2) |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 34) on 15.7.01: s. 2 |\n\n**Essential Services Commission Act 2001, No. 62/2001** (as amended by No. 11/2002)\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | Ss 70–73 on 1.1.02: s. 2 |\n\n**Energy Legislation (Miscellaneous Amendments) Act 2001, No. 85/2001**\n\n| Assent Date: | 11.12.01 |\n| Commencement Date: | Ss 3, 4, 6, 8 on 12.12.01: s. 2(1); ss 5, 7, 9 on 1.1.02: s. 2(2) |\n\n**Electricity Industry (Amendment) Act 2002, No. 10/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | 31.7.02: Special Gazette (No. 131) 30.7.02 p. 1 |\n| Current State: | All of Act in operation |\n\n**Statute Law (Further Revision) Act 2002, No. 11/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. 1 item 18) on 21.11.00: s. 2(2)(c) |\n\n**Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002**\n\n| Assent Date: | 12.6.02 |\n| Commencement Date: | Ss 20, 21 on 13.6.02: s. 2(1) |\n\n**Fair Trading (Amendment) Act 2003, No. 30/2003**\n\n| Assent Date: | 27.5.03 |\n| Commencement Date: | S. 85 on 28.5.03: s. 2(1) |\n\n**Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003**\n\n| Assent Date: | 11.6.03 |\n| Commencement Date: | Ss 12, 14, 16–22 on 12.6.03: s. 2(1); ss 13, 15 on 1.7.04: s. 2(4) |\n\n**Fair Trading (Further Amendment) Act 2003, No. 106/2003**\n\n| Assent Date: | 9.12.03 |\n| Commencement Date: | S. 22 on 30.8.04: Government Gazette 13.5.04 p. 1218 |\n\n**Monetary Units Act 2004, No. 10/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 15(Sch. 1 item 8) on 1.7.04: s. 2(2) |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 170 on 1.1.05: s. 2(4) |\n\n**Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004** (as amended by Nos 75/2004, 86/2004 (as amended by No. 39/2005))\n\n| Assent Date: | 25.5.04 |\n| Commencement Date: | Ss 6–9 on 26.5.04: s. 2(1); ss 3–5 on 30.6.05: s. 2(3) |\n\n**Essential Services Commission (Amendment) Act 2004, No. 75/2004**\n\n| Assent Date: | 9.11.04 |\n| Commencement Date: | Ss 6–31 on 10.11.04: s. 2 |\n\n**State Concessions Act 2004, No. 82/2004**\n\n| Assent Date: | 16.11.04 |\n| Commencement Date: | S. 13(Sch. item 3) on 1.3.05: s. 2(2) |\n| Current State: | This information relates only to provision/s amending the **Electricity Industry Act 2000** |\n\n**Electricity Industry (Wind Energy Development) Act 2004, No. 86/2004**\n\n| Assent Date: | 23.11.04 |\n| Commencement Date: | S. 3 on 24.11.04: s. 2(1); s. 4 on 1.7.05: s. 2(3) |\n\n**Energy Legislation (Amendment) Act 2004, No. 91/2004**\n\n| Assent Date: | 7.12.04 |\n| Commencement Date: | Ss 3–8, 10–13 on 8.12.04: s. 2(1); s. 9 on 1.3.05: s. 2(2) |\n\n**National Electricity (Victoria) Act 2005, No. 8/2005**\n\n| Assent Date: | 27.4.05 |\n| Commencement Date: | S. 14 on 1.7.05: Special Gazette (No. 120) 28.6.05 p. 2 |\n\n**Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005**\n\n| Assent Date: | 21.6.05 |\n| Commencement Date: | S. 4 on 22.6.05: s. 2 |\n\n**Energy Safe Victoria Act 2005, No. 39/2005**\n\n| Assent Date: | 27.7.05 |\n| Commencement Date: | S. 55 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 |\n\n**Sustainability Victoria Act 2005, No. 65/2005**\n\n| Assent Date: | 20.9.05 |\n| Commencement Date: | S. 26 on 1.10.05: Government Gazette 29.9.05 p. 2171 |\n\n**Rail Safety Act 2006, No. 9/2006**\n\n| Assent Date: | 4.4.06 |\n| Commencement Date: | S. 157 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 |\n\n**Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | Ss 3, 4 on 14.6.06: s. 2(1) |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 13) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n\n**Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006**\n\n| Assent Date: | 29.8.06 |\n| Commencement Date: | Ss 3, 4 on 30.8.06: s. 2(1) |\n\n**Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006**\n\n| Assent Date: | 29.8.06 |\n| Commencement Date: | S. 61(Sch. item 10) on 30.8.06: s. 2(1) |\n\n**Energy Legislation Amendment Act 2007, No. 35/2007**\n\n| Assent Date: | 14.8.07 |\n| Commencement Date: | Ss 4, 6 on 15.8.07: s. 2(1); ss 3, 5 on 1.1.08: s. 2(3) |\n\n**Energy Legislation Further Amendment Act 2007, No. 55/2007**\n\n| Assent Date: | 7.11.07 |\n| Commencement Date: | Ss 3–13 on 8.11.07: s. 2(1) |\n\n**Energy and Resources Legislation Amendment Act 2008, No. 25/2008**\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | S. 19 on 4.6.08: s. 2(1) |\n\n**Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008** (as amended by No. 82/2008)\n\n| Assent Date: | 22.10.08 |\n| Commencement Date: | Ss 3–18 on 30.12.08: s. 2(2) |\n\n**Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009**\n\n| Assent Date: | 17.6.09 |\n| Commencement Date: | Ss 5–15 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 |\n\n**Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009, No. 41/2009**\n\n| Assent Date: | 5.8.09 |\n| Commencement Date: | Ss 4–14 on 1.11.09: Government Gazette 29.10.09 p. 2729 |\n\n**Energy and Resources Legislation Amendment Act 2009, No. 57/2009**\n\n| Assent Date: | 21.10.09 |\n| Commencement Date: | S. 3 on 13.12.09: Government Gazette 10.12.09 p. 3215 |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 49) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Electricity Industry Amendment (Critical Infrastructure) Act 2009, No. 72/2009**\n\n| Assent Date: | 1.12.09 |\n| Commencement Date: | Ss 4, 5 on 2.12.09: s. 2 |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | S. 203(1)(Sch. 6 item 15) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Energy and Resources Legislation Amendment Act 2010, No. 55/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | Ss 3–11 on 14.10.10: Government Gazette 14.10.10 p. 2404 |\n\n**Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 48(Sch. item 8) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 |\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 23 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n\nCommercial Arbitration Act 2011, No. 50/2011\n\n| Assent Date: | 18.10.11 |\n| Commencement Date: | S. 46(Sch. item 5) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |\n\nEnergy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011\n\n| Assent Date: | 8.11.11 |\n| Commencement Date: | S. 34 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 |\n\nElectricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011, No. 64/2011\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | Ss 3–22 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 |\n\n**Australian Consumer Law and Fair Trading Act 2012, No. 21/2012**\n\n| Assent Date: | 8.5.12 |\n| Commencement Date: | S. 239(Sch. 6 item 15) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |\n\n**Energy Legislation Amendment Act 2012, No. 51/2012**\n\n| Assent Date: | 18.9.12 |\n| Commencement Date: | Ss 3–5 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1 |\n\n**Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, No. 11/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | Ss 3–9 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2 |\n\n**Rail Safety National Law Application Act 2013, No. 22/2013**\n\n| Assent Date: | 23.4.13 |\n| Commencement Date: | Ss 54, 55 on 19.5.14: Special Gazette (No. 148)    13.5.14 p. 2 |\n\n**Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013**\n\n| Assent Date: | 18.6.13 |\n| Commencement Date: | Ss 3–11 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 15) on 1.12.13: s. 2(1) |\n\n**Energy Legislation Amendment (General) Act 2014, No. 3/2014**\n\n| Assent Date: | 11.2.14 |\n| Commencement Date: | Ss 3–14 on 1.4.14: Special Gazette (No. 94) 25.3.14 p. 1 |\n\n**Energy Legislation Amendment (Customer Metering Protections and Other Matters) Act 2014, No. 46/2014**\n\n| Assent Date: | 1.7.14 |\n| Commencement Date: | Ss 3–7 on 30.7.14: Special Gazette (No. 254) 29.7.14 p. 1 |\n\n**Energy Legislation Amendment (Publication of Retail Offers) Act 2015, No. 28/2015**\n\n| *Assent Date:* | 11.8.15 |\n| *Commencement Date:* | Ss 3, 4 on 1.10.15: Special Gazette (No. 285) 29.9.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Electricity Industry Act 2000** |\n\n**Energy Legislation Amendment (Consumer Protection) Act 2015, No. 49/2015**\n\n| Assent Date: | 13.10.15 |\n| Commencement Date: | Ss 3–12 on 1.1.16: Special Gazette (No. 403) 15.12.15 p. 1 |\n\n**Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017**\n\n| *Assent Date:* | 14.2.17 |\n| *Commencement Date:* | Ss 3–6 on 15.2.17: s. 2(1); ss 7–10 on 1.1.18: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Electricity Industry Act 2000** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 46) on 1.3.19: s. 2(2) |\n\n**Energy Legislation Amendment (Victorian Default Offer) Act 2019, No. 6/2019**\n\n| Assent Date: | 26.3.19 |\n| Commencement Date: | Ss 3–5 on 27.3.19: s. 2 |\n\n**Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019**\n\n| Assent Date: | 20.8.19 |\n| Commencement Date: | S. 23 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 |\n\n**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | S. 117(Sch. 1 item 3) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n\n**Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020**\n\n| Assent Date: | 25.2.20 |\n| Commencement Date: | S. 54 on 1.1.21: s. 2(2) |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 379 on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n\n**National Electricity (Victoria) Amendment Act 2020, No. 10/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | Ss 5, 6 on 25.3.20: s. 2 |\n\n**National Energy Legislation Amendment Act 2020, No. 28/2020**\n\n| Assent Date: | 20.10.20 |\n| Commencement Date: | S. 7 on 27.10.20: Special Gazette (No. 546) 27.10.20 p. 1 |\n\n**Energy Legislation Amendment (Licence Conditions) Act 2020, No. 37/2020**\n\n| Assent Date: | 1.12.20 |\n| Commencement Date: | Ss 3–11 on 2.12.20: s. 2 |\n\n**Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021** (as amended by No. 41/2021)\n\n| Assent Date: | 10.8.21 |\n| Commencement Date: | Ss 13–15 on 25.10.21: Special Gazette (No. 579) 19.10.21 p. 1; ss 3−5 on 31.12.21: Special Gazette (No. 717) 14.12.21 p. 1; ss 6–12 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1 |\n\n**Energy Legislation Amendment Act 2021, No. 33/2021** (as amended by No. 41/2021)\n\n| Assent Date: | 14.9.21 |\n| Commencement Date: | Ss 3−6 on 1.6.22: s. 2(3) |\n\n**Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021**\n\n| Assent Date: | 19.10.21 |\n| Commencement Date: | Ss 40–54 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 |\n\n**Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022**\n\n| Assent Date: | 29.3.22 |\n| *Commencement Date:* | S. 66 on 30.3.22: s. 2(3) |\n\n**Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023, No. 12/2023**\n\n| Assent Date: | 6.6.23 |\n| Commencement Date: | Ss 3–5 on 7.6.23: s. 2(1) |\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| Commencement Date: | Ss 82, 83 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n\n**Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024**\n\n| Assent Date: | 7.5.24 |\n| Commencement Date: | Ss 19, 20 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1 |\n\n**National Energy Retail Law (Victoria) Act 2024, No. 18/2024**\n\n| Assent Date: | 21.5.24 |\n| Commencement Date: | Ss 19–26, 37, 38 on 30.7.24: Special Gazette (No. 413) 30.7.24 p. 1 |\n\n**Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025**\n\n| Assent Date: | 20.5.25 |\n| Commencement Date: | Ss 97A–97D on 21.5.25: s. 2(1); s. 96(Sch. 3 item 3) on 1.4.26: s. 2(4) |\n\n**Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025**\n\n| Assent Date: | 20.5.25 |\n| Commencement Date: | Ss 27, 29 on 21.5.25: s. 2(1); s. 28 on 1.8.25: s. 2(3) |\n\n**National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025, No. 38/2025**\n\n| Assent Date: | 16.9.25 |\n| Commencement Date: | Ss 61–70 on 17.9.25: s. 2(1); ss 58–60, 71–75A on 1.11.25: Special Gazette (No. 588) 28.10.25 p. 1 |\n\n**Energy and Other Legislation Amendment (Resilience Reforms and Other Matters) Act 2026, No. 9/2026**\n\n| Assent Date: | 11.3.26 |\n| Commencement Date: | S. 12A on 12.3.26: s. 2(1) |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":193}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":990},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2000 scope. Originally focused on basic licensing and price regulation, it now includes: advanced metering infrastructure (smart meters) with extensive data regulation; multiple renewable energy feed-in tariff schemes with complex eligibility; detailed life support customer protections with criminal penalties; trial waivers for innovation; retailer of last resort processes for failed retailers; offshore wind energy provisions; and emergency direction powers for electricity outages. The 2025 amendments (Version 105) added substantial new entry powers for transmission infrastructure (Subdivisions 3-6 of Division 3, Part 5) with court orders, authorised officers, and infringement notices."},"complexity_factors":["Length: 300+ pages with 8 major Parts and numerous Divisions/Subdivisions","Extensive cross-referencing with other Acts (Essential Services Commission Act 2001, National Electricity (Victoria) Act 2005, National Energy Retail Law, Corporations Act, etc.)","Multiple overlapping regulatory layers: Commission licence conditions, Ministerial licence conditions, Governor in Council Orders, Codes of Practice, and deemed contract terms","Nested conditional logic: feed-in tariff schemes with multiple eligibility tiers (premium solar, transitional, general) each with different rates, time periods, and capacity triggers","Complex disconnection framework with 10+ permitted grounds, multiple notice requirements, protected periods, and life support customer protections","47+ defined terms in section 3 alone, many with their own sub-definitions (e.g., 'small renewable energy generation facility' has 5 sub-categories plus exclusions)","Emergency powers with interaction between Ministerial directions (s.96) and Department Head emergency directions (Part 6AB)","Trial waiver system with innovative trial principles, consultation requirements, and information sharing with AER","Recent amendments creating parallel frameworks (e.g., Ministerial licence conditions in ss.33AB-33AJ alongside Commission licence conditions)","Criminal and civil penalty provisions with specific penalty unit amounts and imprisonment terms for serious offences"],"plain_english_summary":"**What this law does:**\n\nThis is Victoria's main law for regulating the electricity industry. It sets up a comprehensive framework covering:\n\n**Who it affects:**\n- **Electricity companies** — generators, transmission companies, distribution companies, and retailers who need licences to operate\n- **Customers** — especially households and small businesses, with special protections for vulnerable customers (those experiencing financial hardship or using life support equipment)\n- **The Essential Services Commission** — the independent regulator that oversees the industry\n\n**Key things the law covers:**\n\n- **Licensing:** Companies must get a licence from the Commission to generate, transmit, distribute, or sell electricity. The Commission can grant, vary, or revoke licences, and can appoint administrators if a company threatens electricity supply security.\n\n- **Price regulation:** The government can set price controls on electricity sold to certain customers when competition isn't working effectively. Retailers must offer \"standing offers\" with published tariffs and terms to domestic and small business customers.\n\n- **Customer protections:** Extensive rules about when electricity can be disconnected (with strict limits — life support customers cannot be disconnected, and disconnection is meant to be a last resort). Retailers must have financial hardship policies and dispute resolution schemes.\n\n- **Renewable energy:** Special schemes for feed-in tariffs — payments to customers with small solar panels or other renewable generation who sell excess electricity back to the grid. Includes premium solar tariffs (60 cents/kWh) and transitional tariffs (25 cents/kWh) with specific eligibility rules.\n\n- **Smart meters:** Powers to mandate advanced metering infrastructure (smart meters) and regulate how they're installed, operated, and how data is used.\n\n- **Emergency powers:** The Minister can take control of electricity supply during emergencies (like major outages), including requisitioning property and directing how electricity is distributed.\n\n- **Infrastructure protection:** Criminal offences for interfering with critical electricity infrastructure like power stations and substations.\n\n- **Trial waivers:** A system for testing innovative approaches to electricity supply without needing a full licence.\n\n- **Life support protections:** Detailed obligations on retailers to maintain registers of customers who depend on electrically-powered medical equipment, with criminal penalties for wrongful disconnection.\n\n**Why it matters:**\nThis law balances promoting competition in electricity retailing with protecting consumers — especially vulnerable ones. It ensures reliable supply, sets standards for customer service, supports renewable energy uptake, and gives government powers to respond to electricity emergencies."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has broadened considerably from its original 2000 intent. It was initially designed to manage the structural reform and privatisation of Victoria's electricity industry. Over time, through amendments, it has expanded to address new market participants (such as embedded network operators and metering competitors), evolving consumer protection requirements, and the integration of renewable energy technologies not anticipated at the time of drafting."},"complexity_factors":["Operates within a layered federal-state regulatory framework (National Electricity Market rules interact with state-level provisions)","Multiple regulated entities (generators, distributors, retailers, metering providers) each with different obligations","Extensive licensing regime with varied licence types and conditions","Consumer protection provisions intersect with separate Australian Consumer Law obligations","Has been substantially amended numerous times since 2000, creating version history complexity","Technical electricity industry concepts (network access, ring-fencing, cost-reflective pricing) embedded in legal text","Enforcement and penalty provisions require understanding of both civil and administrative law processes"],"plain_english_summary":"## Electricity Industry Act 2000 (Victoria)\n\nThis Act is the foundational law governing Victoria's electricity industry. It sets the rules for how electricity is generated, distributed, and sold across the state.\n\n**Who does this affect?**\n- **Electricity companies** (generators, network operators, retailers) — they must obtain licences and follow strict rules to operate\n- **Consumers** (households and businesses) — protected by rules about how electricity is sold and supplied to them\n- **Regulators** — government bodies responsible for overseeing the industry\n\n**What does it do?**\n- Establishes a **licensing regime** (a system requiring companies to get official permission before they can generate, distribute, or sell electricity)\n- Sets out the **rights and obligations** of electricity businesses and their customers\n- Provides a framework for **industry oversight and enforcement** — including penalties for breaking the rules\n- Manages the transition from a government-owned electricity system to a privatised, competitive market\n\n**Why does it matter?**\nThis law underpins the entire Victorian electricity market. Without it, there would be no consistent rules about who can supply power, at what standard, or with what consumer protections. It directly affects what happens when your power goes out, how you can switch providers, and what rights you have as a customer."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally aimed to establish a basic licensing and price-regulation framework for the electricity industry. Since its enactment in 2000, successive amendments have vastly expanded its scope to include detailed consumer protections (e.g., prohibitions on door-to-door sales, save-and-win-back bans, stringent disconnection rules, financial hardship policies), feed-in tariff schemes for small-scale renewable energy, advanced metering infrastructure mandates, emergency management powers, and trial waivers for innovative projects. These additions go far beyond the original regulatory intent, turning the Act into a comprehensive consumer and energy policy instrument."},"complexity_factors":["Over 300 sections and multiple schedules","Extensive defined terms (over 50 in section 3 alone)","Cross-references to other Acts (e.g., Essential Services Commission Act, National Electricity Law, Corporations Act)","Nested divisions and subdivisions (e.g., Division 5C on disconnection has 6 subdivisions)","Conditional logic with many exceptions and exemptions","Multiple amendment layers (Version No. 105 as at 1 April 2026)","Heavy reliance on Orders in Council and regulations for detail"],"plain_english_summary":"This Victorian law sets the rules for the electricity industry – who can generate, transmit, distribute, and sell electricity, and how they must treat customers. It requires anyone in the business (except small-scale operators with an exemption) to hold a licence from the Essential Services Commission. Licences come with conditions covering pricing, customer service, dispute resolution, and financial hardship policies. The law also:\n\n- Regulates prices for certain customers (e.g., default offers) and requires retailers to publish their standing offers.\n- Prohibits door-to-door sales and cold-calling for electricity contracts, and bans 'save and win-back' offers for a period after a customer switches.\n- Sets detailed rules for disconnecting customers – only allowed for specific reasons like non-payment after warnings, and never during protected periods or for life-support customers.\n- Requires retailers to purchase small-scale renewable energy (e.g., rooftop solar) under feed-in tariffs, with minimum rates set by the government.\n- Establishes a financial hardship policy that retailers must offer to struggling customers.\n- Allows the Minister to give emergency directions during electricity outages to manage the crisis.\n- Provides for trial waivers so new technologies or business models can be tested without a full licence.\n\nWho it affects: Electricity companies (generators, transmitters, distributors, retailers), their customers (households, businesses), and the Essential Services Commission which enforces the rules.\n\nWhy it matters: It creates a comprehensive regulatory framework that balances industry operation with consumer protections, particularly around disconnection, billing, and renewable energy. The law has grown significantly over time, adding layers of consumer safeguards and green energy schemes."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-industry-act-2000","history":"/api/acts/electricity-industry-act-2000/history","analysis":"/api/acts/electricity-industry-act-2000/analysis","conflicts":"/api/acts/electricity-industry-act-2000/conflicts","importantCases":"/api/acts/electricity-industry-act-2000/important-cases","documents":"/api/acts/electricity-industry-act-2000/documents"}}