{"id":"electricity-industry-residual-provisions-act-1993","name":"Electricity Industry (Residual Provisions) Act 1993","slug":"electricity-industry-residual-provisions-act-1993","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173974,"registerId":"vic-electricity-industry-residual-provisions-act-1993-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 1","sectionType":"division","heading":"Definitions and application 115","content":"Division 1—Definitions and application 115\n\n153TA Definitions and application 115\n\n","sortOrder":0},{"sectionNumber":"Div 2","sectionType":"division","heading":"Allocation of property 117","content":"Division 2—Allocation of property 117\n\n153TB LYP to prepare allocation statement 117\n\n153TC Certificate of Administrator 118\n\n","sortOrder":1},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transfer of property 119","content":"Division 3—Transfer of property 119\n\n153TD Property transferred 119\n\n153TE Allocation of property etc. subject to encumbrances 119\n\n153TF Substitution of party to agreement 119\n\n153TG LYP instruments 120\n\n153TH Proceedings 120\n\n153TI Interests in land 120\n\n153TJ Amendment of Register 121\n\n153TK Evidence 121\n\n153TL Validity of things done under this Part 122\n\n","sortOrder":2},{"sectionNumber":"Div 4","sectionType":"division","heading":"Staff 122","content":"Division 4—Staff 122\n\n153TM List of LYP staff 122\n\n153TN Transfer of LYP staff 123\n\n153TO Future terms and conditions of transferred employees 124\n\nPart 11AC—Transfer of certain property and staff of nominated transferor companies 125\n\nDivision 1—Definitions and applications 125\n\n153TQ Definitions 125\n\n153TR Nomination of transferor company 127\n\nDivision 2—Allocation of property 127\n\n153TS TCO to prepare allocation statement 127\n\n153TT Certificate of Administrator 128\n\nDivision 3—Transfer of property 129\n\n153TU Property transferred 129\n\n153TUA Value to TCO of transferred property 129\n\n153TV Allocation of property etc. subject to encumbrances 130\n\n153TW Substitution of party to agreement 130\n\n153TX TCO instruments 130\n\n153TY Proceedings 131\n\n153TZ Interests in land 131\n\n153TZA Amendment of Register 131\n\n153TZB Evidence 132\n\n153TZC Validity of things done under this Part 132\n\nDivision 4—Staff 133\n\n153TZD List of TCO staff 133\n\n153TZE Transfer of TCO staff 134\n\n153TZF Future terms and conditions of transferred employees 135\n\n","sortOrder":3},{"sectionNumber":"Part 11B","sectionType":"part","heading":"Provisions relating to privatisation 136","content":"Part 11B—Provisions relating to privatisation 136\n\n","sortOrder":4},{"sectionNumber":"153U","sectionType":"section","heading":"Treasurer may be party to agreement for sale 136","content":"153U Treasurer may be party to agreement for sale 136\n\n153UA Loy Yang B transaction 136\n\n153X Freedom of Information Act 1982 137\n\nPart 12—Regulation of electricity industry 138\n\n154 Definitions 138\n\n155 Construction of Part 139\n\n156 Application of Part 139\n\n157 Objectives of the Commission 139\n\nPart 14—Latrobe Valley land 147\n\nDivision 1AA—Definition 147\n\n183AA Definition 147\n\nDivision 1—Surrender of land 147\n\n183 Surrender of land to Crown 147\n\n184 Preservation of leases 148\n\n186 PTC land to be surrendered 150\n\n187 Certain residual lands to be surrendered to the Crown 151\n\nDivision 2—Revocation of reservations and closure of roads 152\n\n188 Revocation of reservations—Morwell West land 152\n\n189 Revocation of reservations—Hernes Oak land 152\n\n190 Revocation of reservation—La Trobe river 152\n\n191 Revocation of reservation—Morwell river 153\n\n192 Consequences of revoking a reservation 153\n\n193 Rights to cease 153\n\n194 Powers to lease in relation to certain Latrobe River land 154\n\nDivision 3—General 154\n\n195 Issue of Crown grant 154\n\n196 Registrar-General and Registrar of Titles to make necessary amendments to records 155\n\n197 Exemption from stamp duty and other taxes 155\n\nPart 15—Loy Yang land 156\n\nDivision 1AA—Definition 156\n\n198AA Definition 156\n\nDivision 1—Surrender of land 156\n\n198 Surrender of land to Crown 156\n\n199 Preservation of leases 157\n\n200 Certain interests not affected by surrender and grant of land 159\n\n201 La Trobe Shire Council land to be surrendered 161\n\nDivision 2—Revocation of reservation and closure of roads 161\n\n202 Revocation of reservation—mechanics institute 161\n\n203 Rights in roads to cease 162\n\nDivision 3—General 162\n\n204 Issue of Crown grant 162\n\n205 Registrar-General and Registrar of Titles to make necessary amendments to records 163\n\n206 Exemption from stamp duty and other taxes 163\n\nPart 16—Hazelwood land 164\n\nDivision 1AA—Definition 164\n\n207AA Definition 164\n\nDivision 1—Surrender of land 164\n\n207 Surrender of land to Crown 164\n\n208 Preservation of leases 165\n\n209A Preservation of appurtenant National Electricity easements 167\n\n210 Preservation of other easements 168\n\n211 Gippsland Water land to be surrendered 168\n\n212 La Trobe Shire Council land to be surrendered 169\n\n213 Roads Corporation land to be surrendered 169\n\nDivision 2—Revocation of reservation and closure of roads 171\n\n214 Revocation of river reservation 171\n\n215 Rights in roads to cease 171\n\nDivision 3—General 172\n\n216 Issue of Crown grant 172\n\n217 Registrar-General and Registrar of Titles to make necessary amendments to records 173\n\n218 Exemption from stamp duty and other taxes 173\n\nPart 17—Other land 174\n\n219 Revocation of river reservation—Goulburn River 174\n\n220 Revocation of river reservation—Mitta Mitta River 174\n\n221 Consequences of revoking reservations 174\n\n222 Rights in roads to cease 175\n\n223 Certain rights deemed to be easements appurtenant to all lands of National Electricity 175\n\n224 Savings and transitional provisions 176\n\nSchedules 177\n\nSchedule 1—Provisions applying to the electricity corporations 177\n\nSchedule 3—Excluded property: agreements, contracts, documents and other property referred to 184\n\nSchedule 3A 193\n\nSchedule 3B—Loy Yang land 211\n\nSchedule 3C—Hazelwood land 223\n\nSchedule 4—Savings and transitional provisions 236\n\nEndnotes 240\n\n1 General information 240\n\n2 Table of Amendments 242\n\n3 Explanatory details 248\n\n**Version No.** **074**\n\n**Electricity Industry (Residual Provisions) Act 1993**\n\n**No. 130 of 1993**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":5},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":6},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to restructure the electricity supply industry.\n\n","sortOrder":7},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Parts 1, 6 and 8, Division 1 of Part 5, and sections 7, 8, 9, 10, 13, 14, 15, 16, 20, 21, 22, 23, 30, 76, 86, 110, 111, 119 and 121 come into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.\n\nS. 3  \namended by No. 53/1994 s. 4(1)(a).\n\n","sortOrder":8},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\n***Administrator*** means the Administrator for the restructuring of the electricity industry appointed under Part 4;\n\nS. 3(1) def. of *allocation day* inserted by No. 14/1997 s. 4(1), amended by Nos 36/1999 s. 11(a), 11/2024 s. 27(a).\n\n***allocation day*** means the day specified in a statement under section 62A(1) as in force immediately before the commencement of section 42 of the **State Electricity Commission Amendment Act 2024** or specified by the Minister for the purposes of section 62AA as in force immediately before the commencement of section 42 of the **State Electricity Commission Amendment Act 2024**;\n\n***appointed day*** means the day on which Division 2 of Part 5 comes into operation;\n\nS. 3(1) def. of *chief electrical inspector* repealed by No. 8/1996 s. 4(2).\n\nS. 3(1) def. of *chief executive officer* amended by No. 53/1994 s. 4(1)(b).\n\n***chief executive officer***, in relation to an electricity corporation or VPX, means the principal executive officer (by whatever name called) of the corporation or VPX;\n\nS. 3(1) def. of *Commission* inserted by No. 62/2001 s. 74(a).\n\n***Commission*** means the Essential Services Commission established under the **Essential Services Commission Act 2001**;\n\nS. 3(1) def. of *company* inserted by No. 53/1994 s. 4(2), substituted by 44/2001 s. 3(Sch. item 35.1(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(1) def. of *corporation* inserted by No. 56/1995 s. 4(3), amended by No. 44/2001 s. 3(Sch. item 35.1(b)).\n\n***corporation*** has the same meaning as in the Corporations Act;\n\nS. 3(1) def. of *distribution company* inserted by No. 53/1994 s. 4(2), amended by No. 110/1994 s. 4(2)(a), substituted by Nos 56/1995 s. 4(1)(a), 69/2000 s. 4(a), 11/2024 s. 27(b).\n\n***distribution company*** means a distribution company within the meaning of the **Electricity Industry Act 2000** that was licensed to perform electricity distribution activities before the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**;\n\nS. 3(1) def. of *electricity corporation* amended by Nos 53/1994 s. 4(1)(c), 10/1998  \ns. 5(1)(b), substituted by No. 11/2024 s. 27(c).\n\n***electricity corporation***, other than in Parts 3 and 5, means—\n\n(a) a public distribution company; or\n\n(b) a public generation company; or\n\n(c) a public transmission company;\n\nS. 3(1) def. of *Electricity Services Victoria* repealed by No. 53/1994 s. 4(1)(d).\n\nS. 3(1) def. of *enforcement officer* inserted by No. 36/1999 s. 3, repealed by No. 69/2000 s. 4(b).\n\nS. 3(1) def. of *excluded property* amended by Nos 105/1997 s. 26(1), 11/2024 s. 27(d).\n\n***excluded property***, in relation to the former SEC, means—\n\n(a) the rights and liabilities of the former SEC under—\n\n(i) an agreement, contract or document referred to in Schedule 3;\n\n(iii) an employment agreement; and\n\n(b) the property of the former SEC referred to in Schedule 3;\n\nS. 3(1) def. of *financial accommo-dation* amended by No. 11/2024 s. 27(e).\n\n***financial accommodation*** means a financial benefit or assistance to obtain a financial benefit arising from or as a result of—\n\n(a) a loan;\n\n(b) issuing, endorsing or otherwise dealing in promissory notes;\n\n(c) drawing, accepting, endorsing or otherwise dealing in bills of exchange;\n\n(d) issuing, purchasing or otherwise dealing in securities;\n\n(e) granting or taking a lease of any real or personal property for financing but not for operating purposes;\n\n(f) in relation to the former SEC, any other arrangement that the Governor in Council on the recommendation of the Treasurer has approved as financial accommodation in relation to the former SEC under the **Borrowing and Investment Powers Act 1987**;\n\n***financial arrangement*** means an arrangement entered into for the purpose of managing, lessening, hedging or protecting against movements in currency exchange, interest or discount rates or other costs of obtaining financial accommodation;\n\nS. 3(1) def. of *financial obligation* amended by No. 11/2024 s. 27(f).\n\n***financial obligation***, in relation to the former SEC, means the liability of the former SEC in respect of—\n\n(a) financial accommodation obtained by the former SEC; or\n\n(b) a financial arrangement entered into by the former SEC—\n\nand includes the liability of the former SEC in respect of inscribed stock issued by the former SEC;\n\nS. 3(1) def. of *former SEC* inserted by No. 11/2024 s. 27(g).\n\n***former SEC*** has the same meaning as in section 3(1) of the **Former SEC (Residual Provisions) Act 1958**;\n\nS. 3(1) def. of *former SEC* *company* inserted by No. 11/2024 s. 27(g).\n\n***former SEC*** ***company*** means SECV Superannuation Pty Ltd, Energy Information Technology Company Pty Ltd, Utilities Insurance Company Pty Ltd or SECV International Pty Ltd;\n\nS. 3(1) def. of *generation company* inserted by No. 110/1994 s. 4(1), substituted by Nos 56/1995 s. 4(1)(b), 69/2000 s. 4(c), 11/2024 s. 27(h).\n\n***generation company*** means a generation company within the meaning of the **Electricity Industry Act 2000** that was licensed to perform electricity generation activities before the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**;\n\n***Generation Victoria*** means the body established under Division 1 of Part 2;\n\n***instrument*** includes a document and an oral agreement;\n\nS. 3(1) def. of *LaTrobe area* substituted by No. 56/1995 s. 4(2)(a).\n\n***LaTrobe area*** means the municipal district of the Shire of LaTrobe;\n\nS. 3(1) def. of *liabilities* amended by No. 11/2024 s. 27(i).\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective but, in relation to the former SEC, does not include financial obligations;\n\nS. 3(1) def. of *licence* inserted by No. 55/1997  \ns. 4(1), substituted by No. 69/2000 s. 4(d).\n\n***licence*** has the same meaning as in the **Electricity Industry Act 2000**;\n\nS. 3(1) def. of *licensee* inserted by No. 55/1997  \ns. 4(1), substituted by No. 69/2000 s. 4(d).\n\n***licensee*** has the same meaning as in the **Electricity Industry Act 2000**;\n\nS. 3(1) def. of *Loy Yang B land* inserted by No. 14/1997 s. 4(1).\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. 3(1) def. of *LYB Transaction Implement-ation Agreement* inserted by No. 14/1997 s. 4(1), amended by No. 11/2024 s. 27(j).\n\n***LYB Transaction Implementation Agreement*** means the transaction implementation agreement dated 29 March 1997 entered into between the former SEC, Edison Mission Energy Australia Limited, Loy Yang B Power Station Pty Ltd, Loy Yang Power Ltd, the Treasurer, Leanne Power Pty Ltd and Edison Mission Energy;\n\nS. 3(1) def. of *National Electricity* amended by No. 53/1994 s. 4(1)(e).\n\n***National Electricity*** means Power Net Victoria established under Division 2 of Part 2;\n\nS. 3(1) def. of *National Electricity Code* inserted by No. 55/1997 s. 4(2), repealed by No. 8/2005 s. 15(1).\n\nS. 3(1) def. of *NEMMCO* inserted by No. 55/1997 s. 4(2).\n\n***NEMMCO*** has the same meaning as in the National Electricity (Victoria) Law;\n\nS. 3(1) def. of *Office* inserted by No. 56/1995 s. 4(3), substituted by No. 8/1996 s. 4(3), amended by No. 48/1996  \ns. 19, substituted by No. 25/1998  \ns. 165(1), repealed by No. 62/2001 s. 74(b).\n\nS. 3(1) def. of *PoolCo* inserted by No. 53/1994 s. 4(2), repealed by No. 36/1999 s. 16(a).\n\nS. 3(1) def. of *Power Net Victoria* inserted by No. 8/1996 s. 4(1)(a), repealed by No. 10/1998  \ns. 5(1)(a).\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\nS. 3(1) def. of *public distribution company* inserted by No. 56/1995 s. 4(3), amended by Nos 8/1996 s. 4(1)(b), 11/2024 s. 27(k).\n\n***public distribution company*** means a distribution company all the shares in which are held by, or on behalf of, the State or a statutory authority;\n\nSee the definition of ***distribution company*** which excludes distribution companies that were not licensed to perform electricity distribution activities before the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**.\n\nS. 3(1) def. of *public generation company* inserted by No. 56/1995 s. 4(3), amended by Nos 8/1996 s. 4(1)(c), 11/2024 s. 27(l).\n\n***public generation company*** means a generation company all the shares in which are held by, or on behalf of, the State or a statutory authority;\n\nSee the definition of ***generation company*** which excludes generation companies that were not licensed to perform electricity generation activities before the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**.\n\nS. 3(1) def. of *public transmission company* inserted by No. 35/1997 s. 18(a), amended by No. 11/2024 s. 27(m).\n\n***public transmission company*** means a transmission company which is—\n\n(a) a statutory authority; or\n\n(b) a company all the shares in which are held by, or on behalf of, the State or a statutory authority;\n\nSee the definition of ***transmission company*** which excludes transmission companies that were not licensed to perform electricity transmission activities before the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**.\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\nS. 3(1) def. of *SEC* repealed by No. 11/2024 s. 27(s).\n\nS. 3(1) def. of *SEC company* amended by No. 110/1994 s. 4(2)(b), repealed by No. 11/2024 s. 27(s).\n\nS. 3(1) def. of *SEC instrument* repealed by No. 11/2024 s. 27(s).\n\n***security*** includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation, whether or not constituting a charge on property;\n\n***TCV*** means the Treasury Corporation of Victoria;\n\nS. 3(1) def. of *transferred property* amended by Nos 14/1997 s. 4(2)(a), 36/1999 s. 11(b), 11/2024 s. 27(n).\n\n***transferred property*** means property, rights or liabilities of the former SEC that, under Part 5, have vested in, or become liabilities of, an electricity corporation, former SEC company, a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the **State Electricity Commission Amendment Act 2024** or the State;\n\nS. 3(1) def. of *transferee* amended by Nos 14/1997 s. 4(2)(b), 36/1999 s. 11(c), 11/2024 s. 27(o).\n\n***transferee***, in relation to transferred property, means the electricity corporation or former SEC company or a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the **State Electricity Commission Amendment Act 2024** to which the property has been transferred or, if the property has been transferred to the State, the State;\n\nS. 3(1) def. of *transmission company* inserted by No. 35/1997 s. 18(b), amended by No. 10/1998  \ns. 5(1)(c), substituted by Nos 69/2000 s. 4(e), 11/2024 s. 27(p).\n\n***transmission company*** means a transmission company within the meaning of the **Electricity Industry Act 2000** that was licensed to perform electricity transmission activities before the commencement of section 8 of the **State Electricity Commission Amendment Act 2024**;\n\nS. 3(1) def. of *undertaking* amended by Nos 53/1994 s. 4(1)(f), 110/1994 ss 4(2)(c), 33(1)(a), 35/1997 s. 18(d).\n\n***undertaking*** in relation to an electricity corporation, VPX, a distribution company, transmission company or a generation company, means—\n\n(a) an electrical undertaking approved by the Governor in Council (whether before or after the commencement of this section)—\n\n(i) for the erection, construction and provision of works, appliances and conveniences for the generation of electricity (whether by the use of coal, water-power or otherwise, but not by the use of a nuclear power reactor); or\n\n(ii) for the reception, storage, distribution, transmission, use, supply and sale of such electricity; and\n\n(b) all buildings, works, mines, open-cuts, quarries, water, land, machinery, plant, towers, electric lines, cables and appliances used for or in connection with the electrical undertaking;\n\nS. 3(1) def. of *undertaker* amended by Nos 53/1994 s. 4(1)(g), 110/1994 ss 4(2)(d), 33(1)(a), 35/1997 s. 18(c), 11/2024 s. 27(r).\n\n***undertaker*** means—\n\n(a) the former SEC or an electricity corporation or VPX, a distribution company, transmission company or a generation company;\n\n(b) a municipal council, corporation or person who, by an Order in Council under the **Electric Light and Power Act 1958** or a corresponding previous enactment is authorised to supply electricity within any area;\n\n(c) with respect to electric tramways, a person or body of persons, corporate or unincorporate, having the control and management of the tramways;\n\nS. 3(1) def. of *VENCorp* inserted by No. 36/1999 s. 16(b), amended by No. 11/2002 s. 3(Sch. 1 item 20).\n\n***VENCorp*** means Victorian Energy Networks Corporation established under Part 8 of the **Gas Industry Act 2001**;\n\nS. 3(1) def. of *Victorian Power Exchange* inserted by No. 110/1994 s. 33(1)(b), repealed by No. 36/1999 s. 16(c).\n\nS. 3(1) def. of *VPX* inserted by No. 110/1994 s. 33(1)(b), repealed by No. 36/1999 s. 16(c).\n\nS. 3(1) def. of *Victorian Power Exchange* or *VPX* inserted by No. 36/1999 s. 16(c).\n\n***Victorian Power Exchange*** or ***VPX*** means VENCorp;\n\nS. 3(1) def. of *wholesale electricity market* inserted by No. 55/1997 s. 4(2).\n\n***wholesale electricity market*** means the market for wholesale trading in electricity operated by NEMMCO;\n\nS. 3(1) def. of *Yallourn works area* repealed by No. 56/1995  \ns. 4(2)(b).\n\nS. 3(2) inserted by No. 53/1994 s. 4(3).\n\n(2) In any Act other than this Act and in all subordinate instruments (within the meaning of the **Interpretation of Legislation Act 1984**) made under any such Act and in all other instruments, unless the contrary intention appears—\n\n(a) a reference to PoolCo must be construed as a reference to Victorian Power Exchange; and\n\nS. 3(2)(b) repealed by No. 10/1998  \ns. 5(1)(d).\n\nS. 3(3) inserted by No. 8/1996 s. 4(4), repealed by No. 25/1998  \ns. 165(2).\n\nS. 4  \namended by Nos 53/1994 s. 4(4)(a)(b), 110/1994 s. 33(2), 79/1995 s. 4(1)(a)(b).\n\n","sortOrder":9},{"sectionNumber":"4","sectionType":"section","heading":"Subsidiary","content":"\t4 Subsidiary\n\nS. 4(1) amended by Nos 8/1996 s. 4(5), 36/1999 s. 19(a), 44/2001 s. 3(Sch. item 35.2(a)  \n(b)), 11/2024 s. 28(1).\n\n(1) For the purposes of this Act, the question whether a body corporate is a subsidiary of an electricity corporation or any other body shall be determined in the same manner as the question would be determined under the Corporations Act if the corporation or any other body and the body corporate were corporations within the meaning of that Act.\n\nS. 4(2) inserted by No. 79/1995 s. 4(2), repealed by No. 11/2024 s. 28(2).\n\nS. 4A  \ninserted by No. 56/1995 s. 5, amended by No. 35/1997 s. 19(a)(i)(ii).\n\n","sortOrder":10},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Act to certain distribution, transmission and generation companies","content":"\t4A Application of Act to certain distribution, transmission and generation companies\n\nS. 4A(1) amended by No. 69/2000 s. 5.\n\n(1) The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions of this Act, except Part 12, to a distribution company, transmission company or generation company does not include a reference to a person in respect of whom an Order under paragraph (b) of the definition of distribution company or paragraph (b) of the definition of transmission company or paragraph (b) of the definition of generation company, as the case requires, is in force.\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\n","sortOrder":11},{"sectionNumber":"5","sectionType":"section","heading":"Crown to be bound","content":"\t5 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":12},{"sectionNumber":"6","sectionType":"section","heading":"Extra-territorial operation","content":"\t6 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":13},{"sectionNumber":"Part 2","sectionType":"part","heading":"The electricity corporations","content":"Part 2—The electricity corporations\n\nPt 2 Div. 1 (Heading) substituted by No. 110/1994 s. 5(1)(a) (as amended by No. 56/1995 s. 67(1)), repealed by No. 38/2000 s. 14.\n\nS. 7  \nrepealed by No. 110/1994 s. 5(1)(b) (as amended by No. 56/1995 s. 67(1)).[[1]](#endnote-2)\n\nS. 8  \namended by No. 53/1994 s. 4(5), repealed by No. 110/1994 s. 5(1)(b) (as amended by No. 56/1995 s. 67(1)).\n\nS. 9  \namended by Nos 53/1994 s. 5, 55/1997 s. 6,  \n\nS. 10  \n\nS. 11 amended by No. 14/1997 s. 5(1)(a), repealed by No. 110/1994 s. 5(1)(b) (as amended by No. 56/1995 s. 67(1)).\n\nS. 12  \n\nS. 12A inserted by No. 110/1994 s. 6, amended by Nos 56/1995 s. 6, 14/1997 s. 5(1)(b)(c)(2), repealed by No. 10/1998  \ns. 4.\n\nS. 12B inserted by No. 110/1994 s. 6, amended by No. 56/1995 s. 7, repealed by No. 10/1998  \ns. 4.\n\nPt 2 Div. 2 (Heading) amended by No. 53/1994 s. 6(1), substituted by No. 10/1998  \ns. 5(1)(e).\n\nDivision 2—Directions as to electricity supply system\n\nS. 13 amended by Nos 53/1994 s. 6(2), 48/1996 s. 4(1), repealed by No. 10/1998  \ns. 5(1)(f).[[2]](#endnote-3)\n\nS. 14 amended by Nos 53/1994 s. 6(3), 48/1996 s. 4(1), repealed by No. 10/1998  \n\nS. 15 amended by Nos 53/1994 ss 6(5)(6), 23(1)(a), 110/1994 s. 33(2), 48/1996 s. 4, repealed by No. 10/1998  \n\nS. 16 amended by No. 48/1996 s. 4(1), repealed by No. 10/1998  \n\nS. 17 amended by Nos 53/1994 s. 7(1)–(3), 110/1994 s. 33(2), 8/1996 s. 5, 35/1997 s. 4(1)(a)(b)(2), repealed by No. 8/1996 s. 6.\n\nS. 18  \nrepealed by No. 53/1994 s. 7(4).\n\n","sortOrder":14},{"sectionNumber":"19","sectionType":"section","heading":"Regulations may provide for compensation for certain loss","content":"\t19 Regulations may provide for compensation for certain loss\n\n(1) The regulations may provide for the payment of compensation to a person who suffers detriment as a result of complying with a direction under section 17, or as a result of another person complying, or failing to comply, with such a direction.\n\n(2) Regulations for the purposes of subsection (1) may provide—\n\n(a) the circumstances in which compensation may be payable;\n\n(b) the method of calculating compensation;\n\n(c) the person or persons liable to pay the compensation.\n\nPt 2 Div. 3 (Heading and ss 20–25) amended by No. 53/1994 s. 7(5), repealed by No. 53/1994 s. 8(1).[[3]](#endnote-4)\n\nDivision 4—General provisions applying to electricity corporations\n\nS. 26 substituted by No. 110/1994 s. 7.\n\n","sortOrder":15},{"sectionNumber":"26","sectionType":"section","heading":"Directions","content":"\t26 Directions\n\n(1) The Treasurer and the Minister, acting jointly, may, from time to time, by written notice to the board of an electricity corporation, give such directions to the board as the Treasurer or Minister think fit.\n\n(2) The board of an electricity corporation must comply with a direction given under this section but an act or decision of the board is not invalid merely because of a failure to comply with such a direction.\n\n(3) Each electricity corporation must include in its annual report under Part 7 of the **Financial Management Act 1994** a copy of each direction given to it under this section together with a statement of its response to the direction.\n\nS. 26(4) substituted by No. 56/1995 s. 8(1), amended by Nos 35/1997 s. 19(b), 36/1999 s. 19(b), repealed by No. 11/2024 s. 29.\n\nS. 27 amended by Nos 53/1994 s. 10(1)(2), 110/1994 ss 8(a), 33(2), 35/1997 s. 19(c), repealed by No. 69/2000 s. 6.\n\n","sortOrder":16},{"sectionNumber":"Div 5","sectionType":"division","heading":"Financial","content":"Division 5—Financial\n\n","sortOrder":17},{"sectionNumber":"28","sectionType":"section","heading":"Borrowing and investment by electricity corporation","content":"\t28 Borrowing and investment by electricity corporation\n\nS. 28(1) amended by Nos 53/1994 s. 11(1)(a), 110/1994 s. 33(2), 36/1999 s. 19(c).\n\n(1) An electricity corporation may obtain financial accommodation subject to and in accordance with the **Borrowing and Investment Powers Act 1987**.\n\nS. 28(2) amended by Nos 53/1994 s. 11(1)(a)(b), 110/1994 s. 33(2), 36/1999 s. 19(c).\n\n(2) An electricity corporation may invest money of the corporation in accordance with the powers conferred on it by the **Borrowing and Investment Powers Act 1987**.\n\n","sortOrder":18},{"sectionNumber":"29","sectionType":"section","heading":"Payments in respect of financial obligations","content":"\t29 Payments in respect of financial obligations\n\n(1) If—\n\nS. 29(1)(a) amended by No. 11/2024 s. 30(1)(a).\n\n(a) an Order has been made under section 36D(1) or 36E(1) of the **Treasury Corporation of Victoria Act 1992** relating to financial obligations of the former SEC; and\n\nS. 29(1)(b) amended by No. 11/2024 s. 30(1)(b).\n\n(b) responsibility for those financial obligations has been allocated under an allocation statement under Division 3 of Part 5 as in force immediately before the commencement of section 52 of the **State Electricity Commission Amendment Act 2024** to an electricity corporation—\n\nthen—\n\nS. 29(1)(c) amended by No. 11/2024 s. 30(1)(c).\n\n(c) the electricity corporation must pay to TCV such amounts, and at such times, as the former SEC would have been liable to pay in respect of those financial obligations if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree; and\n\nS. 29(1)(d) amended by No. 11/2024 s. 30(1)(d).\n\n(d) TCV must pay to the electricity corporation such amounts, and at such times, as the former SEC would have been entitled to receive in respect of the financial accommodation or financial arrangements to which the financial obligations relate if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree.\n\n(2) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to TCV or the electricity corporation, as the case requires.\n\nS. 29(3) inserted by No. 53/1994 s. 11(2), amended by No. 110/1994 ss 8(b), 33(2), substituted by No. 56/1995 s. 8(2), amended by Nos 35/1997 s. 19(d), 36/1999 s. 19(d), repealed by No. 11/2024 s. 30(2).\n\n","sortOrder":19},{"sectionNumber":"Div 6","sectionType":"division","heading":"General","content":"Division 6—General\n\n","sortOrder":20},{"sectionNumber":"30","sectionType":"section","heading":"Duties of directors","content":"\t30 Duties of directors\n\nS. 30(1) amended by Nos 53/1994 s. 11(3)(a), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n(1) A director of an electricity corporation must at all times act honestly in the performance of the functions of his or her office.\n\nS. 30(2) amended by Nos 53/1994 s. 11(3)(b), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n(2) A director of an electricity corporation must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.\n\nS. 30(3) amended by Nos 53/1994 s. 11(3)(a)(c), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n(3) A director, or former director of an electricity corporation, must not make improper use of information acquired by virtue of his or her position as a director to gain directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation.\n\nS. 30(4) amended by Nos 53/1994 s. 11(3)(a)(d), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n(4) A director of an electricity corporation must not make improper use of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation.\n\n(5) This section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.\n\nS. 31 amended by Nos 53/1994 s. 11(4)(a), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n","sortOrder":21},{"sectionNumber":"31","sectionType":"section","heading":"Minister may bring proceedings","content":"\t31 Minister may bring proceedings\n\nIf a person contravenes section 30 in relation to an electricity corporation, the Minister, in the name of the corporation, may recover from the person as a debt due to the corporation by action in a court of competent jurisdiction either or both of the following—\n\n(a) if that person, or any other person, made a profit as a result of the contravention, an amount equal to that profit;\n\nS. 31(b) amended by Nos 53/1994 s. 11(4)(a), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n(b) if the corporation has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage.\n\n","sortOrder":22},{"sectionNumber":"32","sectionType":"section","heading":"Electricity corporation not to make loans to directors","content":"\t32 Electricity corporation not to make loans to directors\n\nS. 32(1) amended by Nos 53/1994 s. 11(4)(b), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n(1) The powers of an electricity corporation do not include a power, whether directly or indirectly—\n\nS. 32(1)(a) amended by Nos 53/1994 s. 11(4)(b), 110/1994 s. 33(2), 36/1999 s. 19(e), 44/2001 s. 3(Sch. item 35.3).\n\n(a) to make a loan to a director of the corporation, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or\n\n(b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a).\n\nS. 32(2) amended by Nos 53/1994 s. 11(4)(b), 110/1994 s. 33(2), 36/1999 s. 19(e).\n\n(2) Nothing in subsection (1) prohibits an electricity corporation entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the corporation with members of the public on the same terms and conditions.\n\nS. 33 amended by Nos 53/1994 s. 11(4)(c), 110/1994 s. 33(2), 56/1995 s. 8(3)(a)(b), 36/1999 s. 19(e).\n\n","sortOrder":23},{"sectionNumber":"33","sectionType":"section","heading":"Indemnity","content":"\t33 Indemnity\n\nThe powers of an electricity corporation do not include a power to exempt, whether directly or indirectly, a director of the corporation from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the corporation against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the corporation.\n\nS. 34 amended by Nos 53/1994 s. 11(4)(d)(i)–(iii), 110/1994 s. 33(2), repealed by No. 8/1996 s. 7.\n\n","sortOrder":24},{"sectionNumber":"35","sectionType":"section","heading":"Corporate plan","content":"\t35 Corporate plan\n\n(1) The board of an electricity corporation must prepare a corporate plan each year.\n\nS. 35(2) amended by No. 53/1994 s. 11(5).\n\n(2) The board must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year or such later date as is determined by the Treasurer.\n\n(3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—\n\n(a) a statement of corporate intent in accordance with section 36;\n\nS. 35(3)(b) substituted by No. 56/1995 s. 8(4).\n\n(b) a business plan containing such information as the Treasurer or the Minister requires;\n\nS. 35(3)(c) substituted by No. 56/1995 s. 8(4).\n\n(c) financial statements containing such information as the Treasurer requires.\n\nS. 35(3A) inserted by No. 110/1994 s. 9.\n\n(3A) In addition to the matters referred to in subsection (3), the proposed corporate plan of a distribution company must include a statement of the company's bushfire mitigation programs.\n\n(4) The board must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and Minister.\n\n(5) The board must consult in good faith with the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the board and must deliver the completed plan to the Treasurer and Minister within 2 months after the commencement of the financial year.\n\n(6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the board, the Treasurer and the Minister.\n\n(7) The plan may be modified at any time by the board with the agreement of the Treasurer and the Minister.\n\n(8) If the board, by written notice to the Treasurer and Minister, proposes a modification of the plan, the board may, within 14 days, make the modification unless the Treasurer or Minister, by written notice to the board, directs the board not to make it.\n\n(9) The Treasurer or Minister may, from time to time, by written notice to the board, direct the board to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters.\n\n(10) Before giving the direction under this section, the Treasurer and Minister must consult with the board as to the matters to be referred to in the notice.\n\n(11) The board must comply with a direction under this section.\n\n(12) At any particular time, the statement of corporate intent, the business plan or the financial statements for an electricity corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Part.\n\nS. 35(13) inserted by No. 53/1994 s. 11(6), amended by No. 110/1994 ss 10(a), 33(2), substituted by No. 56/1995 s. 8(5), amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 31.\n\nS. 36 amended by No. 53/1994 s. 11(7).\n\n","sortOrder":25},{"sectionNumber":"36","sectionType":"section","heading":"Statement of corporate intent: contents","content":"\t36 Statement of corporate intent: contents\n\n(1) Each statement of corporate intent must specify for an electricity corporation and its subsidiaries, in respect of the financial year to which it relates and each of the 2 following financial years, the following information—\n\n(a) the objectives of the corporation and of its subsidiaries;\n\n(b) the main undertakings of the corporation and of its subsidiaries;\n\n(c) the nature and scope of the activities to be undertaken by the corporation;\n\n(d) the accounting policies to be applied in the accounts;\n\n(e) the performance targets and other measures by which the performance of the corporation and of its subsidiaries may be judged in relation to their stated objectives;\n\n(f) the kind of information to be provided to the Treasurer and the Minister by the corporation during the course of those financial years, including the information to be included in each half-yearly report;\n\n(g) such other matters as may be agreed on by the Treasurer, the Minister and the board from time to time.\n\nS. 36(2) inserted by No. 53/1994 s. 11(8), amended by No. 110/1994 ss 10(a), 33(2), substituted by No. 56/1995 s. 8(6), amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 32.\n\nS. 36A inserted by No. 8/1996 s. 8.\n\n","sortOrder":26},{"sectionNumber":"36A","sectionType":"section","heading":"Electricity corporations to act in accordance with corporate plan","content":"\t36A Electricity corporations to act in accordance with corporate plan\n\n(1) Each electricity corporation must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Treasurer and the Minister to do otherwise.\n\n(2) Nothing done by an electricity corporation is void or unenforceable merely because the electricity corporation has failed to comply with section 35, 36 or this section.\n\nS. 36A(3) amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 33.\n\n","sortOrder":27},{"sectionNumber":"37","sectionType":"section","heading":"Non-commercial functions","content":"\t37 Non-commercial functions\n\n(1) The Minister, with the approval of the Treasurer, may in writing direct the board of an electricity corporation—\n\n(a) to perform certain functions that the Minister considers to be in the public interest but that may cause the corporation to suffer financial detriment; or\n\n(b) to cease to perform functions of a kind referred to in paragraph (a); or\n\n(c) to cease to perform certain functions that the Minister or Treasurer considers not to be in the public interest.\n\n(2) The board must comply with a direction given under subsection (1).\n\nS. 37(3) amended by No. 18/1994 s. 66(Sch. 2 item 6).\n\n(3) If an electricity corporation satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under subsection (1), the corporation, if the Minister so directs, may be reimbursed by the State the amount that the Minister determines, with the approval of the Minister administering Part 2 of the **Financial Management Act 1994** and after consultation with the board of the corporation, to be the amount of the financial detriment.\n\n(4) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.\n\nS. 37(5) inserted by No. 53/1994 s. 11(9).\n\n(5) Each electricity corporation must include in its annual report under Part 7 of the **Financial Management Act 1994** a copy of each direction given to it by the Minister under this section.\n\nS. 37(6) inserted by No. 53/1994 s. 11(9), amended by No. 110/1994 ss 10(a), 33(2), substituted by No. 56/1995 s. 8(7), amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 34.\n\nS. 38 amended by Nos 53/1994 s. 11(10)(a)–(c), 110/1994 s. 33(2), 36/1999 s. 19(g)(i)(ii).\n\n","sortOrder":28},{"sectionNumber":"38","sectionType":"section","heading":"Dividends","content":"\t38 Dividends\n\nS. 38(1) repealed by No. 11/2024 s. 35(1).\n\nS. 38(2) inserted by No. 53/1994 s. 11(11), amended by Nos 110/1994 s. 10(b), 56/1995 s. 8(8)(a)(b), 35/1997 s. 19(f).\n\n(2) Each public distribution company, public transmission company and public generation company must pay out of profits such amounts, at such times and in such manner, as are determined by the Treasurer after consultation with the board of the company and the Minister.\n\nS. 38(3) inserted by No. 56/1995 s. 8(9), amended by No. 35/1997 s. 19(f).\n\n(3) A public distribution company, public transmission company or public generation company must pay the amount referred to in subsection (2)—\n\n(a) to the State; or\n\nS. 38(3)(b) amended by No. 11/2024 s. 35(2).\n\n(b) if a statutory authority holds shares in the company, to the authority—\n\nin accordance with the direction of the Treasurer.\n\nSs 39–41 repealed by No. 31/1994 s. 4(Sch. 2 item 26).\n\nPt 2A (Heading and ss 41A–41M) inserted by No. 53/1994 s. 12, amended by Nos 110/1994 ss 10(c), 33(2), 42/1995 s. 224(Sch. 2 items 13.1, 13.2) (as amended by No. 79/1995 s. 37), 56/1995 s. 8(10), 35/1997 ss 5, 6, 10/1998 s. 5(1)(g), 46/1998 s. 7(Sch. 1), substituted as Pt 2A (Heading and s. 41A) by No. 36/1999 s. 18, repealed by No. 69/2000 s. 7.\n\n","sortOrder":29},{"sectionNumber":"Part 3","sectionType":"part","heading":"Property and works","content":"Part 3—Property and works\n\nS. 42AA inserted by No. 53/1994 s. 13, amended by Nos 110/1994 ss 10(a), 33(2), 35/1997 s. 19(g), 69/2000 s. 8, substituted by No. 11/2024 s. 36.\n\n\t42AA Definition\n\n***electricity corporation*** means—\n\n(a) VPX; or\n\n(b) a distribution company; or\n\n(c) a transmission company; or\n\n(d) a generation company.\n\nS. 42 amended by Nos 56/1995 s. 9(1)(2), 35/1997 s. 20(1)(2), repealed by No. 69/2000 s. 9.\n\nS. 42A inserted by No. 56/1995 s. 10, amended by No. 35/1997 s. 20(3), repealed by No. 69/2000 s. 9.\n\nS. 42B inserted by No. 56/1995 s. 10, amended by No. 8/1996 s. 9(1)(2), repealed by No. 69/2000 s. 9.\n\nS. 43 amended by Nos 53/1994 s. 14(1), 69/2000 s. 10, 11/2024 s. 37, repealed by No. 38/2025 s. 76.\n\nS. 44  \nrepealed by No. 69/2000 s. 9.\n\nS. 44A inserted by No. 48/1996 s. 5, amended by Nos 35/1997 s. 21(1), 55/1997 s. 5(a)(b), repealed by No. 69/2000 s. 9.\n\nS. 45  \namended by No. 46/1998  \ns. 7(Sch. 1), repealed by No. 69/2000 s. 9.\n\nS. 45A inserted by No. 110/1994 s. 11, amended by No. 35/1997 s. 21(2), repealed by No. 69/2000 s. 9.\n\nS. 45B inserted by No. 56/1995 s. 11, repealed by No. 69/2000 s. 9.\n\nS. 46 substituted by No. 56/1995 s. 12, amended by Nos 79/1995 s. 5, 8/1996 s. 9(3)(4), 14/1997 s. 6(1)(2), 35/1997 s. 21(3)(a)(b), repealed by No. 69/2000 s. 9.\n\nS. 47 amended by Nos 53/1994 s. 14(2), 56/1995 s. 13, 79/1995 s. 6(1)(2), 35/1997 s. 22(a), repealed by No. 69/2000 s. 9.\n\nS. 47A (Heading) inserted by No. 11/2024 s. 38(1).\n\nS. 47A inserted by No. 56/1995 s. 14.\n\n","sortOrder":30},{"sectionNumber":"47A","sectionType":"section","heading":"Application of Mineral Resources Development Act 1990 to generation companies","content":"\t47A Application of Mineral Resources Development Act 1990 to generation companies\n\n(1) This section applies despite anything to the contrary in the **Mineral Resources Development Act 1990** or in any exemption granted under section 7 of that Act and any such exemption is of no effect to the extent that it relates to any land covered by a current mining licence granted in accordance with this section.\n\n(2) Words and expressions used in this section that are also used in the **Mineral Resources Development Act 1990** have the same meanings as in that Act.\n\nS. 47A(3) amended by Nos 14/1997 s. 5(3), 11/2024 s. 38(2).\n\n(3) The Governor in Council may, by Order published in the Government Gazette on the recommendation of the Minister administering the **Mineral Resources Development Act 1990**, grant a mining licence over land within the Latrobe area to a generation company.\n\n(4) A licence granted in accordance with this section—\n\n(a) is current for the time specified in the licence; and\n\n(b) applies to the land described in the licence; and\n\n(c) is subject to such conditions as are determined by the Governor in Council on the recommendation of the Minister administering the **Mineral Resources Development Act 1990** (including, but not limited to, conditions about payment of royalties and any other matter referred to in section 26(2) of that Act and the condition referred to in section 26(4) of that Act) and specified in the licence; and\n\n(d) is deemed for all purposes to be registered during the period from the commencement of the Order granting the licence until the licence is registered under subsection (19).\n\n(5) The **Mineral Resources Development Act 1990** and any other Act applies to a licence granted in accordance with this section as if it had been granted by the Minister administering that Act under Part 2 of that Act.\n\n(6) Without limiting subsection (5), a licence granted in accordance with this section may be renewed, transferred, varied surrendered or cancelled, or a condition of such a licence may be varied, suspended, revoked or added, under Part 2 of the **Mineral Resources Development Act 1990**.\n\n(7) An Order in Council under this section must—\n\n(a) include an authority to commence work and a work plan (including a rehabilitation plan for the land);\n\n(b) specify the amount of the rehabilitation bond required to be entered into by the licensee, the form of that bond and the time at which or the event on the happening of which it must be entered into.\n\n(8) The **Mineral Resources Development Act 1990** and any other Act applies to an authority to commence work and a work plan included in an Order in Council under this section as if the authority to commence work had been granted by the chief administrator under section 42 of that Act and the work plan had been approved by the chief administrator under section 40(4) of that Act.\n\n(9) An authority to commence work and a work plan included in an Order in Council under this section are deemed for all purposes to be registered during the period from the commencement of the Order until the authority or plan (as the case requires) are registered under subsection (19).\n\n(10) Without limiting subsection (8), a plan having effect as an approved work plan by virtue of this section may be varied under section 41 of the **Mineral Resources Development Act 1990**.\n\n(11) Despite subsections (7) to (10), an authority to commence work included in an Order in Council under this section does not authorise the doing of work on private land unless—\n\n(a) the licensee has obtained the consent of the owners and occupiers of the land affected; or\n\n(b) the licensee has made compensation agreements with those owners and occupiers; or\n\n(c) the amount of compensation payable to those owners and occupiers has been determined under Part 8 of the **Mineral Resources Development Act 1990**; or\n\n(d) the licensee has purchased the land affected.\n\n(12) The **Mineral Resources Development Act 1990** and any other Act applies to a rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section as if it had been entered into by the licensee in accordance with section 80 of that Act.\n\n(13) A rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section is deemed for all purposes to be registered during the period from the date on which it was entered into until it is registered under subsection (19).\n\n(14) Without limiting subsection (12), the Minister administering the **Mineral Resources Development Act 1990** may serve a notice on the licensee under section 80(4) or (5) of that Act.\n\nS. 47A(15) repealed by No. 14/1997 s. 5(1)(d).\n\nS. 47A(16) amended by No. 79/1995 s. 7, repealed by No. 14/1997 s. 5(1)(d).\n\nS. 47A(17)(18) repealed by No. 14/1997 s. 5(1)(d).\n\n(19) Without limiting subsection (4)(d), (9) or (13), the registrar must, in accordance with section 69 of the **Mineral Resources Development Act 1990**, register—\n\n(a) any licence granted in accordance with this section;\n\n(b) any authority to commence work or work plan included in an Order in Council under this section;\n\n(c) any rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section.\n\nPt 3A (Heading and ss 47B–47G) inserted by No. 25/1998  \ns. 164, amended by No. 36/1999 ss 4–8, repealed by No. 69/2000 s. 11.\n\nPt 3AA (Heading and ss 47N–47W) inserted by No. 36/1999 s. 9, repealed by No. 69/2000 s. 11.\n\nPt 4 (Heading) amended by No. 25/1998  \ns. 165(3).\n\nPart 4—The Administrator\n\nDivision 1—The Administrator\n\n\t48 Appointment of Administrator\n\n(1) There shall be an Administrator for the restructuring of the electricity supply industry.\n\n(2) The Administrator shall be appointed by the Treasurer after consultation with the Minister.\n\n(3) The term of office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment, and the Administrator is eligible for re-appointment.\n\n(4) Subject to this section, the terms and conditions of appointment of the Administrator shall be set by the Treasurer after consultation with the Minister.\n\nS. 48(5) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 63.1).\n\n(5) The Administrator is not subject to the **Public Administration Act 2004** by reason only of the appointment as Administrator.\n\n","sortOrder":31},{"sectionNumber":"49","sectionType":"section","heading":"Vacancy etc. in office of Administrator","content":"\t49 Vacancy etc. in office of Administrator\n\n(1) The office of the Administrator becomes vacant if the Administrator—\n\n(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n\n(b) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence.\n\n(2) The Administrator may resign by writing delivered to the Minister.\n\n(3) The Treasurer after consultation with the Minister may remove the Administrator from office.\n\nS. 49A inserted by No. 79/1995 s. 8.\n\n","sortOrder":32},{"sectionNumber":"49A","sectionType":"section","heading":"Deputy Administrator","content":"\t49A Deputy Administrator\n\n(1) There shall be a Deputy Administrator appointed by the Treasurer after consultation with the Minister.\n\n(2) The term of office of the Deputy Administrator is the term, not exceeding 2 years, specified in the instrument of appointment and the Deputy Administrator is eligible for re-appointment.\n\n(3) Subject to this section, the terms and conditions of appointment of the Deputy Administrator shall be set by the Treasurer after consultation with the Minister.\n\nS. 49A(4) amended by Nos 46/1998  \ns. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 63.1).\n\n(4) The Deputy Administrator is not subject to the **Public Administration Act 2004** by reason only of appointment as Deputy Administrator.\n\nS. 49B inserted by No. 79/1995 s. 8.\n\n","sortOrder":33},{"sectionNumber":"49B","sectionType":"section","heading":"Resignation and removal","content":"\t49B Resignation and removal\n\n(1) The Deputy Administrator may resign by writing delivered to the Minister.\n\n(2) The Treasurer, after consultation with the Minister, may remove the Deputy Administrator from office.\n\nS. 49C inserted by No. 79/1995 s. 8.\n\n","sortOrder":34},{"sectionNumber":"49C","sectionType":"section","heading":"Functions and powers","content":"\t49C Functions and powers\n\n(1) The Deputy Administrator shall act as Administrator—\n\n(a) during a vacancy in the office of Administrator; and\n\n(b) during any period when the Administrator is absent or, for any other reason, unable to perform the functions of Administrator—\n\nbut must not continue so to act for more than 6 months.\n\n(2) The Deputy Administrator—\n\n(a) when acting as Administrator, has and may exercise all the powers of the Administrator under this or any other Act;\n\n(b) at any other time, has such powers of the Administrator under this or any other Act as are specified in the instrument of appointment or as are delegated to the Deputy Administrator by the Administrator under section 52.\n\n","sortOrder":35},{"sectionNumber":"50","sectionType":"section","heading":"Staff of Administrator","content":"\t50 Staff of Administrator\n\nThe Administrator may engage such officers and employees as are necessary for the performance of the Administrator's functions, on such terms and conditions of appointment or employment as are determined by the Administrator.\n\nS. 51 amended by No. 11/2024 s. 39.\n\n","sortOrder":36},{"sectionNumber":"51","sectionType":"section","heading":"Functions and powers","content":"\t51 Functions and powers\n\nThe Administrator has the functions and powers conferred on the Administrator under this Act or any other Act (other than the **Former SEC (Residual Provisions) Act 1958**).\n\nS. 52 amended by No. 11/2024 s. 40.\n\n","sortOrder":37},{"sectionNumber":"52","sectionType":"section","heading":"Delegation","content":"\t52 Delegation\n\nThe Administrator may, in writing, delegate to a person approved by the Minister any function or power of the Administrator under this Act  or any other Act (other than the **Former SEC (Residual Provisions) Act 1958**), other than this power of delegation.\n\nS. 53 amended by Nos 53/1994 s. 15(1), 110/1994 s. 12(a), substituted by No. 8/1996 s. 10.\n\n","sortOrder":38},{"sectionNumber":"53","sectionType":"section","heading":"Directions","content":"\t53 Directions\n\n(1) The Treasurer and the Minister, acting jointly, may from time to time, by written notice to the Administrator, give such directions to the Administrator as the Treasurer or Minister think fit.\n\n(2) The Administrator must comply with a direction given under this section but an act or decision of the Administrator is not invalid merely because of a failure to comply with such a direction.\n\n(3) The Administrator must keep a copy of each direction given under this section available for inspection at the office of the Administrator during business hours, other than any direction, or part of a direction, that the Treasurer and the Minister have declared to be confidential.\n\nS. 53(4) repealed by No. 11/2024 s. 41.\n\n(5) A notice containing a direction given under this section is an exempt document for the purposes of the **Freedom of Information Act 1982**.\n\nS. 54 amended by Nos 53/1994 s. 15(2), 110/1994 ss 12(b), 33(2), repealed by No. 79/1995 s. 9.\n\nPt 4 Div. 2 (Heading and ss 55–61) amended by Nos 53/1994 s. 15(3), 110/1994 ss 12(c), 33(2), substituted as Pt 4 Div. 2 (Heading and ss 55–61M) by No. 8/1996 s. 11, amended by No. 46/1998  \ns. 7(Sch. 1), repealed by No. 25/1998  \ns. 165(4).\n\n","sortOrder":39},{"sectionNumber":"Part 5","sectionType":"part","heading":"Transfer of property of SEC","content":"Part 5—Transfer of property of SEC\n\nDivision 1—Allocation of property\n\nS. 62 repealed by No. 11/2024 s. 42.\n\nS. 62A inserted by No. 14/1997 s. 7, repealed by No. 11/2024 s. 42.\n\nS. 62AA inserted by No. 36/1999 s. 10, repealed by No. 11/2024 s. 42.\n\n","sortOrder":40},{"sectionNumber":"63","sectionType":"section","heading":"Certificate of Administrator","content":"\t63 Certificate of Administrator\n\nS. 63(1) amended by Nos 14/1997 s. 8(a), 11/2024 s. 43(1)(a)(b).\n\n(1) A certificate signed by the Administrator certifying that property, rights or liabilities of the former SEC specified in the certificate have been allocated under the allocation statement to a former SEC company so specified or person or persons is, unless revoked under subsection (2), conclusive evidence—\n\nS. 63(1)(b) amended by Nos 14/1997 s. 8(b)(c), 11/2024 s. 43(1)(c).\n\n(b) if the certificate is given on or after the appointed day or allocation day, as the case requires, that the property, rights or liabilities vested in or became the property, rights or liabilities of the company or person or persons on the appointed day or allocation day, as the case requires.\n\n(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\nS. 63(3)(b) amended by Nos 14/1997 s. 8(d), 11/2024 s. 43(2).\n\n(b) must make the register reasonably available for inspection by a person or persons specified in an allocation statement or other interested person.\n\nS. 63AA inserted by No. 11/2024 s. 44.\n\n\t63AA Certificate of Minister\n\n(1) On and after the commencement of section 42 of the **State Electricity Commission Amendment Act 2024**,  the Minister may sign a certificate certifying that property, rights or liabilities of the former SEC specified in the certificate, have been allocated under an allocation statement made under this Part as in force immediately before that commencement, to a former SEC company so specified or person or persons.\n\n(2) A certificate signed under subsection (1) is conclusive evidence that the property, rights or liabilities have been allocated as specified in the certificate.\n\n(3) A certificate signed by the Minister under subsection (1) does not affect the validity of a certificate that has been issued under section 63.\n\nPt 5 Div. 1A (Heading and ss 63A–63D) inserted by No. 110/1994 s. 13, amended by No. 56/1995 s. 15(a), repealed by No. 11/2024 s. 45.\n\nDivision 2—Transfer of property\n\nSs 64–66 repealed by No. 11/2024 s. 46.\n\nS. 66A inserted by No. 14/1997 s. 9, amended by No. 36/1999 s. 11(d), repealed by No. 11/2024 s. 46.\n\nS. 67 amended by No. 14/1997 s. 10(1)(a)(b), repealed by No. 11/2024 s. 46.\n\nS. 68 amended by Nos 14/1997 s. 10(1)(c), 36/1999 s. 11(e), repealed by No. 11/2024 s. 46.\n\nS. 69 amended by No. 14/1997 s. 10(1)(d)(e), repealed by No. 11/2024 s. 46.\n\nS. 70 amended by No. 14/1997 s. 10(1)(f), repealed by No. 11/2024 s. 46.\n\nS. 71 amended by No. 14/1997 s. 10(1)(g), repealed by No. 11/2024 s. 46.\n\nS. 71A inserted by No. 110/1994 s. 14 (as amended by No. 10/1998  \ns. 10(2)), amended by No. 56/1995 s. 15(b), repealed by No. 11/2024 s. 46.\n\nS. 72 amended by Nos 14/1997 s. 10(1)(h), 11/2024 s. 47(1).\n\n","sortOrder":41},{"sectionNumber":"72","sectionType":"section","heading":"Interests in land","content":"\t72 Interests in land\n\nWithout prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the appointed day or allocation day, as the case requires, the former SEC is, in relation to transferred property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after the appointed day or allocation day, as the case requires—\n\n(a) the transferee of the transferred property is to be taken to be the registered proprietor of that interest in land; and\n\nS. 72(b) amended by No. 11/2024 s. 47(2).\n\n(b) the transferee has the same rights and remedies in respect of that interest as the former SEC had.\n\n","sortOrder":42},{"sectionNumber":"73","sectionType":"section","heading":"Amendment of Register","content":"\t73 Amendment of Register\n\nS. 73(1) amended by No. 11/2024 s. 48.\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Minister or Administrator, must make any amendments in the Register that are necessary because of the operation of this Act.\n\nS. 73(1A) inserted by No. 10/1998  \ns. 7(1).\n\n(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 73(2) repealed by No. 85/1998 s. 24(Sch. item 20.1).\n\nS. 73(3) amended by No. 14/1997 s. 10(1)(i), repealed by No. 85/1998 s. 24(Sch. item 20.1).\n\nS. 74 amended by No. 11/2024 s. 49(3) (ILA s. 39B(1)).\n\n","sortOrder":43},{"sectionNumber":"74","sectionType":"section","heading":"Taxes","content":"\t74 Taxes\n\n(1) No stamp duty or other tax is chargeable under any Act in respect of anything done under this Act or in respect of any act or transaction connected with or necessary to be done by reason of this Act, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with—\n\nS. 74(1)(a) amended by Nos 14/1997 s. 10(1)(j), 36/1999 s. 11(f), 11/2024 s. 49(1).\n\n(a) the transfer of property, rights or liabilities of the former SEC to a former SEC company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the **State Electricity Commission Amendment Act 2024**.\n\nS. 74(1)(b) amended by Nos 14/1997 s. 10(1)(j), 36/1999 s. 11(f), repealed by No. 11/2024 s. 49(2).\n\nS. 74(2) inserted by No. 11/2024 s. 49(3).\n\n(2) This section applies to an act or transaction referred to in subsection (1) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the **State Electricity Commission Amendment Act 2024**.\n\nS. 75 amended by No. 69/2009 s. 54(Sch. Pt 1 items 19.1, 19.8), repealed by No. 11/2024 s. 50.\n\n","sortOrder":44},{"sectionNumber":"76","sectionType":"section","heading":"Validity of things done under this Act","content":"\t76 Validity of things done under this Act\n\nS. 76(1) amended by Nos 14/1997 s. 10(1)(k)(i), 36/1999 s. 11(g), 11/2024 s. 51(1)(a)–(c).\n\n(1) Nothing effected by this Act or done or suffered by the former SEC, the State, a Minister, a former SEC company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the **State Electricity Commission Amendment Act 2024** under this Act—\n\nS. 76(1)(a) amended by Nos 14/1997 s. 10(1)(k)(ii), 36/1999 s. 11(g), 11/2024 s. 51(1)(d).\n\n(a) is to be regarded as placing the former SEC, the State, a Minister, the company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the **State Electricity Commission Amendment Act 2024** in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\nS. 76(2) amended by No. 11/2024 s. 51(2).\n\n(2) The validity of any act or transaction of the former SEC or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the **Former SEC (Residual Provisions) Act 1958** had not been complied with.\n\nS. 76(3) inserted by No. 11/2024 s. 51(3).\n\n(3) This section applies to an act or transaction referred to in subsection (1) or (2) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the **State Electricity Commission Amendment Act 2024**.\n\nPt 5 Div. 3 (Heading and ss 77, 78) amended by Nos 53/1994 s. 16, 110/1994 ss 15, 33(2), 56/1995 s. 16, 35/1997 s. 7, repealed by No. 11/2024 s. 52.\n\nPt 5 Div. 4 (Heading and s. 79) amended by No. 53/1994  \ns. 17, repealed by No. 10/1998 s. 8(b).\n\nPt 6 (Heading and ss 80–84) amended by Nos 53/1994 s. 23(1)(b), 4/1996 s. 134(2), repealed by No. 11/2024 s. 53.\n\nPt 6A (Heading and s. 84AA) inserted by No. 110/1994 s. 16, repealed by No. 56/1995 s. 17.\n\n","sortOrder":45},{"sectionNumber":"Part 7","sectionType":"part","heading":"General","content":"Part 7—General\n\nS. 84A inserted by No. 53/1994 s. 18, substituted by Nos 110/1994 s. 17, 56/1995 s. 18, amended by No. 35/1997 s. 22(b).\n\n","sortOrder":46},{"sectionNumber":"84A","sectionType":"section","heading":"Public distribution company, public transmission company and public generation company","content":"\t84A Public distribution company, public transmission company and public generation company\n\nA public distribution company, public transmission company or public generation company is a public authority but does not represent the Crown.\n\nS. 84AAA inserted by No. 55/1997  \ns. 7.\n\n\t84AAA Certain assets not to be fixtures\n\n(1) The Minister may, by written notice, declare that specified assets that are affixed to land and that are disposed of by VPX, a public transmission company or a public generation company are taken, for all purposes, to be separate assets being chattels personal and not fixtures.\n\n(2) The declaration has effect accordingly.\n\nNew s. 84AA inserted by No. 79/1995 s. 10.\n\n\t84AA Financial benefits given on arm's length terms\n\n(1) A financial benefit given before 1 July 1995 by a distribution company or generation company under a relevant contract to a recipient is deemed for the purposes of Part 3.2A of the Corporations Law of Victoria (despite anything to the contrary in that Law) to have been given on terms and conditions no more favourable to the recipient than those on which it is reasonable to expect that the first-mentioned distribution company or generation company would have given the benefit directly if dealing with the recipient at arm's length in the same circumstances.\n\n(2) In subsection (1)—\n\n***recipient*** means Power Net Victoria, VPX, SEC, Generation Victoria, a distribution company or a generation company;\n\n***relevant contract*** means use of system agreement, connection agreement, distribution system agreement, tariffs and charges deed or vesting hedging contract.\n\nS. 84AB inserted by No. 79/1995 s. 10, amended by No. 35/1997 s. 22(c), repealed by No. 33/2014 s. 10.\n\nS. 84AC inserted by No. 79/1995 s. 10, amended by Nos 68/2001 s. 18, 34/2013 s. 35(Sch. 2 item 3).\n\n\t84AC Building Act 1993\n\nThe Victorian Building Authority under the **Building Act 1993**,  by notice published in the Government Gazette, may determine that building work, or a building, on land of a generation company is exempt from the provisions of the **Building Act 1993** and regulations under that Act specified in the notice, subject to such conditions (if any) as are so specified.\n\nS. 84B inserted by No. 53/1994 s. 18, amended by No. 110/1994 s. 33(2).\n\n","sortOrder":47},{"sectionNumber":"84B","sectionType":"section","heading":"Persons dealing with electricity corporations or VPX","content":"\t84B Persons dealing with electricity corporations or VPX\n\nA certificate issued by the chief executive officer of an electricity corporation or VPX to a person having dealings with the corporation or VPX certifying that an act or transaction is an act or transaction that the corporation or VPX is authorised to do or enter into under its licence and the licence conditions under Part 12 is conclusive evidence, as between that person and the corporation or VPX, that the corporation or VPX is so authorised.\n\nS. 84C inserted by No. 53/1994 s. 18, amended by Nos 110/1994 ss 18(a), 33(2), 56/1995 s. 19(a), 35/1997 s. 22(d), 11/2024 s. 54.\n\n","sortOrder":48},{"sectionNumber":"84C","sectionType":"section","heading":"Reports to Treasurer","content":"\t84C Reports to Treasurer\n\nThe Treasurer may, in writing, require the board of directors of an electricity corporation or VPX to give to the Treasurer such information as the Treasurer considers necessary.\n\nS. 84D inserted by No. 53/1994 s. 18, repealed by No. 130/1993 s. 84D(2).\n\nS. 84E inserted by No. 53/1994 s. 18, amended by No. 110/1994 ss 18(b), 33(2), repealed by No. 10/1998  \n\n","sortOrder":49},{"sectionNumber":"85","sectionType":"section","heading":"Delegation by Minister and Treasurer","content":"\t85 Delegation by Minister and Treasurer\n\nThe Minister or the Treasurer may, in writing, delegate to any person any function or power of the Minister or Treasurer under this Act, other than this power of delegation.\n\nS. 86 amended by Nos 53/1994 s. 19(1)(a), 110/1994 ss 18(c), 33(2), 35/1997 s. 22(e), repealed by No. 11/2024 s. 55.\n\nS. 87 amended by Nos 53/1994 s. 19(1)(b), 110/1994 s. 33(2).\n\n","sortOrder":50},{"sectionNumber":"87","sectionType":"section","heading":"Service of documents on electricity corporation","content":"\t87 Service of documents on electricity corporation\n\nA document required or authorised to be served on an electricity corporation or VPX may be served—\n\n(a) personally on a person—\n\nS. 87(a)(i) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2).\n\n(i) apparently concerned in the management of the corporation or VPX; or\n\nS. 87(a)(ii) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2).\n\n(ii) apparently authorised to accept service of documents on behalf of the corporation or VPX; or\n\nS. 87(b) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2).\n\n(b) by post to the corporation or VPX at its principal office.\n\n","sortOrder":51},{"sectionNumber":"88","sectionType":"section","heading":"Evidence of documents","content":"\t88 Evidence of documents\n\nS. 88(1) amended by Nos 53/1994 s. 19(1)(b)(c), 110/1994 s. 33(2).\n\n(1) A document issued or purporting to have been issued by an electricity corporation or VPX and purporting to have been signed by the chief executive officer of the corporation or VPX is evidence that the document was issued by the corporation or VPX.\n\nS. 88(2) repealed by No. 25/1998 s. 165(5).\n\nS. 89  \nrepealed by No. 53/1994 s. 19(1)(d).\n\n","sortOrder":52},{"sectionNumber":"90","sectionType":"section","heading":"Treasurer may give guarantee","content":"\t90 Treasurer may give guarantee\n\nS. 90(1) amended by Nos 53/1994 s. 19(1)(e)(f), 110/1994 ss 18(d), 33(2), 56/1995 s. 19(b)(c), 35/1997 s. 22(f), 11/2024 s. 56(1).\n\n(1) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person guaranteeing the due satisfaction of amounts that become payable by an electricity corporation or VPX under section 29(1) or of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision to an electricity corporation or VPX of financial accommodation including without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to obtain such satisfaction.\n\n(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under this section shall be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly.\n\nS. 90(3) amended by Nos 53/1994 s. 19(1)(e), 110/1994 ss 18(d), 33(2), 56/1995 s. 19(d), 35/1997 s. 22(f), 11/2024 s. 56(2).\n\n(3) Any sums received or recovered by the Treasurer from an electricity corporation or VPX or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.\n\nS. 91 amended by Nos 53/1994 s. 19(2), 8/1996 s. 12, repealed by No. 11/2024 s. 57.\n\nS. 91AA inserted by No. 8/1996 s. 13, amended by Nos 35/1997 ss 8(1)(2), 9, 10/1998 s. 5(1)(h), repealed by No. 8/1996 s. 14.\n\nS. 91A inserted by No. 53/1994 s. 20, amended by Nos 110/1994 ss 18(d), 33(2), 35/1997 s. 22(g).\n\n","sortOrder":53},{"sectionNumber":"91A","sectionType":"section","heading":"Exemption from Freedom of Information Act","content":"\t91A Exemption from Freedom of Information Act\n\nAn electricity corporation, VPX, a distribution company, a transmission company or a generation company is not, and is not eligible to be declared to be, an agency or prescribed authority within the meaning of the **Freedom of Information Act 1982**.\n\nS. 91AB inserted by No. 110/1994 s. 19, amended by No. 35/1997 s. 22(h).\n\n\t91AB Ombudsman Act 1973 not to apply\n\nAn electricity corporation, VPX, a distribution company, a transmission company or a generation company is not a public statutory body to which the **Ombudsman Act 1973** applies.\n\nS. 91AC inserted by No. 110/1994 s. 19, repealed by No. 11/2024 s. 58.\n\nS. 91B inserted by No. 53/1994 s. 20.\n\n","sortOrder":54},{"sectionNumber":"91B","sectionType":"section","heading":"Debt proceedings","content":"\t91B Debt proceedings\n\nIn a proceeding in the Magistrates' Court for a debt owing to a distribution company any person authorised by the distribution company in writing for that purpose may file a complaint in that person's own name or in the name of the distribution company and may represent the distribution company in all respects as though that person was the party concerned.\n\nS. 91C inserted by No. 36/1999 s. 12, repealed by No. 69/2000 s. 12.\n\nS. 92 amended by No. 56/1995 s. 20(1).\n\n","sortOrder":55},{"sectionNumber":"92","sectionType":"section","heading":"Regulations","content":"\t92 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nS. 92(2) inserted by No. 56/1995 s. 20(2).\n\n(2) The regulations are subject to disallowance by a House of the Parliament.\n\n","sortOrder":56},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional","content":"Part 8—Transitional\n\nS. 93  \nrepealed by No. 10/1998  \n\n","sortOrder":57},{"sectionNumber":"94","sectionType":"section","heading":"Generation Victoria successor of State Body","content":"\t94 Generation Victoria successor of State Body\n\n(1) On the day on which this Act receives the Royal Assent—\n\n(a) all property and rights of the body known as Generation Victoria established under the State Owned Enterprises (State Body—Generation Victoria) Order 1993 published in the Government Gazette No. S74 dated 7 October 1993 (***the State Body***) vest in Generation Victoria;\n\n(b) all liabilities of the State Body become liabilities of Generation Victoria;\n\n(c) Generation Victoria becomes the successor in law of the State Body;\n\n(d) the State Body is dissolved.\n\n(2) A person holding office, immediately before the commencement of this section as a director (including chief executive officer, if any) of the state Body referred to in subsection (1) is deemed to have been appointed, on that commencement, as director or chief executive officer of Generation Victoria for a term equivalent to the remainder of the term for which, and on the same terms and conditions as those in which, he or she was appointed to the State Body.\n\nS. 95  \nrepealed by No. 10/1998  \n\nS. 96 amended by Nos 53/1994 s. 21(1)(a)–(e)(2), 110/1994 ss 20(1)(a)(b) (2), 33(2), repealed by No. 10/1998  \n\nS. 97 amended by Nos 53/1994 s. 21(3)(a)–(c), 110/1994 s. 20(3), repealed by No. 10/1998  \n\nPt 9 (Heading and ss 98–113) substituted as Pt 9 (Headings and ss 98–115A) by  \nNo. 53/1994 s. 24.\n\n","sortOrder":58},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transfer of property and staff of National Electricity","content":"Part 9—Transfer of property and staff of National Electricity\n\nS. 98 substituted by No. 53/1994 s. 24.\n\n","sortOrder":59},{"sectionNumber":"98","sectionType":"section","heading":"Definitions","content":"\t98 Definitions\n\n***chief executive officer*** means chief executive officer of National Electricity;\n\n***former National Electricity property*** means property, rights or liabilities of National Electricity that, under this Part, have vested in, or become liabilities of, another person;\n\n***National Electricity instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—\n\n(a) to which National Electricity was a party; or\n\n(b) that was given to or in favour of National Electricity; or\n\n(c) that refers to National Electricity; or\n\n(i) money is, or may become, payable to or by National Electricity; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by National Electricity;\n\n***new employer***, in relation to a transferred National Electricity employee, means the body by which, by virtue of section 114, the transferred National Electricity employee is regarded as being employed with effect from the relevant date;\n\n(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(b) in relation to a document referred to in section 113(1), means the date fixed by the Minister under subsection (2) for the purposes of that document;\n\n***transferred National Electricity employee*** means a person who, by virtue of section 114, is regarded as being employed by a new employer with effect from the relevant date;\n\n***transferee***, in relation to former National Electricity property, means the person to whom the property has been transferred under this Part.\n\n(a) fix the relevant date for the purposes of an allocation statement under section 99;\n\n(b) fix the relevant date for the purposes of a document referred to in section 113(1).\n\nS. 99 substituted by No. 53/1994 s. 24.\n\n","sortOrder":60},{"sectionNumber":"99","sectionType":"section","heading":"Minister may direct National Electricity to transfer property","content":"\t99 Minister may direct National Electricity to transfer property\n\n(1) The Minister may, in writing, direct National Electricity to transfer property, rights and liabilities of a specified kind to a person or persons nominated by the Minister.\n\n(2) Within 3 months after receiving a direction under subsection (1), National Electricity must give to the Minister a statement approved by the Minister relating to the property, rights and liabilities of National Electricity to which the direction relates, as at a date specified by the Minister for the purposes of the statement.\n\n(3) A statement under this section—\n\n(a) must allocate the property, rights and liabilities of National Electricity shown in the statement to, or between, the person or persons nominated by the Minister; and\n\n(b) must be signed by the chief executive officer.\n\n(4) If a statement under this section is approved by the Treasurer and the Minister—\n\n(5) The Treasurer and the Minister may at any time direct National Electricity to amend a statement given to them under this section as specified in the direction.\n\n(6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister.\n\nS. 99(6A) inserted by No. 56/1995 s. 21, amended by No. 35/1997 s. 22(i).\n\n(6A) A direction under subsection (1) or (5) or an amendment under subsection (6) that would affect a distribution company, a transmission company or a generation company must not be given or made unless all the shares in the company are held by, or on behalf of, the State or a statutory authority.\n\n(7) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 100 substituted by No. 53/1994 s. 24.\n\n","sortOrder":61},{"sectionNumber":"100","sectionType":"section","heading":"Certificate of chief executive officer","content":"\t100 Certificate of chief executive officer\n\n(1) A certificate signed by the chief executive officer certifying that property, rights or liabilities of National Electricity specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.\n\n(2) If the Treasurer and the Minister so direct the chief executive officer in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(3) The chief executive officer—\n\n(b) must make the register reasonably available for inspection by a transferee or other interested person.\n\nS. 100(4) inserted by No. 10/1998  \ns. 5(2).\n\n(4) In this section, ***chief executive officer*** means the Administrator.\n\nS. 101 substituted by No. 53/1994 s. 24.\n\n","sortOrder":62},{"sectionNumber":"101","sectionType":"section","heading":"Property transferred to nominee","content":"\t101 Property transferred to nominee\n\n(a) all property and rights of National Electricity, wherever located, that are allocated under an allocation statement to a person nominated by the Minister in a direction under section 99, vest in that person; and\n\n(b) all liabilities of National Electricity, wherever located, that are allocated under an allocation statement to that person, become liabilities of that person.\n\nS. 102 substituted by No. 53/1994 s. 24.\n\n","sortOrder":63},{"sectionNumber":"102","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t102 Allocation of property etc. subject to encumbrances\n\na person nominated by the Minister in a direction under section 99—\n\n(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which National Electricity was entitled in respect of those liabilities immediately before they ceased to be liabilities of National Electricity vest in the transferee.\n\nS. 103 substituted by No. 53/1994 s. 24.\n\n","sortOrder":64},{"sectionNumber":"103","sectionType":"section","heading":"Value of former National Electricity property","content":"\t103 Value of former National Electricity property\n\n(1) The value to a person nominated by the Minister in a direction under section 99 of former National Electricity property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.\n\nS. 103(2) amended by No. 35/1997 s. 22(j).\n\n(2) If a person nominated by the Minister in a direction under section 99 is a distribution company or transmission company, the consideration payable by the distribution company or transmission company in respect of former National Electricity property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.\n\nS. 103(3) amended by No. 35/1997 s. 22(k)(i)(ii).\n\n(3) On the date notified in writing to the distribution company or transmission company by the Treasurer for the purposes of this subsection, a distribution company or transmission company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the value of the liabilities that, before that date, have become liabilities of the distribution company or transmission company, as the case requires, under an allocation statement under this Part.\n\nS. 104 substituted by No. 53/1994 s. 24.\n\n","sortOrder":65},{"sectionNumber":"104","sectionType":"section","heading":"Substitution of party to agreement","content":"\t104 Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of National Electricity under an agreement are allocated to a person nominated by the Minister in a direction under section 99—\n\n(a) the person becomes, on the relevant date, a party to the agreement in place of National Electricity; and\n\nS. 105 substituted by No. 53/1994 s. 24.\n\n","sortOrder":66},{"sectionNumber":"105","sectionType":"section","heading":"National Electricity instruments","content":"\t105 National Electricity instruments\n\nEach National Electricity instrument relating to former National Electricity property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to National Electricity were a reference to the transferee.\n\nS. 106 substituted by No. 53/1994 s. 24.\n\n","sortOrder":67},{"sectionNumber":"106","sectionType":"section","heading":"Proceedings","content":"\t106 Proceedings\n\nIf, immediately before the relevant date, proceedings relating to former National Electricity property (including arbitration proceedings) to which National Electricity was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for National Electricity as a party to the proceedings and has the same rights in the proceedings as National Electricity had.\n\nS. 106A inserted by No. 110/1994 s. 21.\n\n","sortOrder":68},{"sectionNumber":"106A","sectionType":"section","heading":"Criminal proceedings","content":"\t106A Criminal proceedings\n\nS. 106A(1) amended by No. 56/1995 s. 22(a).\n\n(1) If National Electricity is convicted (whether before or after the commencement of section 21 of the **Electricity Industry (Further Amendment) Act 1994**) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority nominated by the Minister.\n\n(b) the statement allocates liability to pay the fine to the person specified in it; and\n\n(c) the person is liable to pay the fine as if it had committed and been convicted of the offence.\n\nS. 107 substituted by No. 53/1994 s. 24.\n\n","sortOrder":69},{"sectionNumber":"107","sectionType":"section","heading":"Interests in land","content":"\t107 Interests in land\n\nWithout prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, National Electricity is, in relation to former National Electricity property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(a) the transferee is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the transferee has the same rights and remedies in respect of that interest as National Electricity had.\n\nS. 108 substituted by No. 53/1994 s. 24.\n\n","sortOrder":70},{"sectionNumber":"108","sectionType":"section","heading":"Amendment of Register","content":"\t108 Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer, must make any amendments in the Register that are necessary because of the operation of this Act.\n\nS. 108(1A) inserted by No. 10/1998  \ns. 7(2).\n\n(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 108(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.2).\n\nS. 109 substituted by No. 53/1994 s. 24.\n\n","sortOrder":71},{"sectionNumber":"109","sectionType":"section","heading":"Taxes","content":"\t109 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of National Electricity.\n\nS. 110 substituted by No. 53/1994 s. 24.\n\n","sortOrder":72},{"sectionNumber":"110","sectionType":"section","heading":"Evidence","content":"\t110 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of National Electricity in relation to former National Electricity property if this Part had not been enacted, is admissible for or against the interests of the transferee.\n\nS. 110(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.2).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of National Electricity and to entries made in those books of account before the relevant date, whether or not they relate to former National Electricity property, as if those books of account and entries were business records.\n\nS. 110(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).\n\nS. 111 substituted by No. 53/1994 s. 24.\n\n","sortOrder":73},{"sectionNumber":"111","sectionType":"section","heading":"Validity of things done under this Part","content":"\t111 Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered by National Electricity, the State, a Minister or a transferee of former National Electricity property under this Part—\n\n(a) is to be regarded as placing National Electricity, the State, a Minister or the transferee in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(2) The validity of any act or transaction of National Electricity or the chief executive officer must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.\n\nPt 9 Div. 4 (Heading and s. 112) amended by No. 53/1994 s. 24, repealed by No. 10/1998 s. 8(b).\n\nS. 113 substituted by No. 53/1994 s. 24.\n\n","sortOrder":74},{"sectionNumber":"113","sectionType":"section","heading":"List of National Electricity staff","content":"\t113 List of National Electricity staff\n\n(1) Before the relevant date, National Electricity must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of National Electricity and specifying in respect of each such officer or employee, the body by which he or she is to be regarded as having been employed by virtue of section 114 with effect from the relevant date.\n\n(2) The document may be amended, before or after the relevant date, by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as an officer or employee of National Electricity from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.\n\nS. 114 substituted by No. 53/1994 s. 24.\n\n","sortOrder":75},{"sectionNumber":"114","sectionType":"section","heading":"Transfer of National Electricity staff","content":"\t114 Transfer of National Electricity staff\n\n(1) A person listed as an officer or employee of National Electricity in a document under section 113 who was such an officer or employee immediately before the relevant date is to be regarded as—\n\n(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of National Electricity; and\n\n(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of National Electricity, immediately before the relevant date.\n\n(2) The service of a transferred National Electricity employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of National Electricity.\n\n(3) A transferred National Electricity employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of National Electricity because of this Act.\n\n(4) A certificate purporting to be signed by the chief executive officer certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a body named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\nS. 115 substituted by No. 53/1994 s. 24, amended by No. 110/1994 s. 33(2), repealed by No. 11/2024 s. 59.\n\nS. 115A inserted by No. 53/1994 s. 24, repealed by No. 4/1996 s. 134(2).\n\nPt 10 (Heading and ss 114–118) substituted as Pt 10 (Headings and ss 116–134) by No. 53/1994 s. 24.\n\n","sortOrder":76},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transfer of property and staff of ESV to distribution companies","content":"Part 10—Transfer of property and staff of ESV to distribution companies\n\nS. 116 substituted by No. 53/1994 s. 24.\n\n","sortOrder":77},{"sectionNumber":"116","sectionType":"section","heading":"Definitions","content":"\t116 Definitions\n\n***chief executive officer*** means chief executive officer of ESV;\n\n***company transferee***, in relation to former ESV property, means the distribution company or other person to which the property has been transferred under this Part;\n\n***ESV*** means Electricity Services Victoria;\n\n***ESV instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—\n\n(a) to which ESV was a party; or\n\n(b) that was given to or in favour of ESV; or\n\n(c) that refers to ESV; or\n\n(i) money is, or may become, payable to or by ESV; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by ESV;\n\n***former ESV property*** means property, rights or liabilities of ESV that, under this Part, have vested in, or become liabilities of, a distribution company or other person;\n\n***new employer***, in relation to a transferred ESV employee, means the distribution company or other person by which, by virtue of section 132, the transferred ESV employee is regarded as being employed with effect from the relevant date;\n\n(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(b) in relation to a document referred to in section 131(1), means the date fixed by the Minister under subsection (2) for the purposes of that document;\n\n***transferred ESV employee*** means a person who, by virtue of section 132, is regarded as being employed by a new employer with effect from the relevant date.\n\n(a) fix the relevant date for the purposes of an allocation statement under section 117;\n\n(b) fix the relevant date for the purposes of a document referred to in section 131(1).\n\nS. 117 substituted by No. 53/1994 s. 24.\n\n","sortOrder":78},{"sectionNumber":"117","sectionType":"section","heading":"ESV to prepare allocation statement","content":"\t117 ESV to prepare allocation statement\n\n(1) ESV must give to the Treasurer and the Minister, within the period of 3 months after the date on which the **Electricity Industry (Amendment) Act 1994** receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of ESV as at a date specified by the Minister for the purposes of the relevant statement.\n\n(a) must allocate the property, rights and liabilities of ESV shown in the statement to, or between, the distribution companies and any other person or persons nominated in writing by the Minister;\n\n(b) must be signed by the chief executive officer or, after the commencement of section 8 of the **Electricity Industry (Amendment) Act 1994**, by the Administrator.\n\n(4) The Treasurer and the Minister may at any time direct ESV or, after the commencement of section 8 of the **Electricity Industry (Amendment) Act 1994**, the Administrator to amend a statement given to them under this section as specified in the direction.\n\nS. 117(5A) inserted by No. 110/1994 s. 22.\n\n(5A) A direction under subsection (4) or an amendment under subsection (5) that would affect a distribution company must not be given or made unless all the shares in the distribution company are held by or on behalf of the State or a statutory authority.\n\n(6) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 118 substituted by No. 53/1994 s. 24.\n\n","sortOrder":79},{"sectionNumber":"118","sectionType":"section","heading":"Certificate of Administrator","content":"\t118 Certificate of Administrator\n\n(1) A certificate signed by the Administrator certifying that property, rights or liabilities of ESV specified in the certificate have been allocated under the allocation statement to a distribution company or any other person so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the distribution company or other person on the relevant date.\n\n(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(b) must make the register reasonably available for inspection by a distribution company or other interested person.\n\nS. 119 substituted by No. 53/1994 s. 24.\n\n","sortOrder":80},{"sectionNumber":"119","sectionType":"section","heading":"Property transferred to distribution company","content":"\t119 Property transferred to distribution company\n\n(a) all property and rights of ESV, wherever located, that are allocated under an allocation statement to a distribution company or another person, vest in that company or person; and\n\n(b) all liabilities of ESV, wherever located, that are allocated under an allocation statement to a distribution company or another person, become liabilities of that company or person.\n\nS. 120 substituted by No. 53/1994 s. 24.\n\n","sortOrder":81},{"sectionNumber":"120","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t120 Allocation of property etc. subject to encumbrances\n\na distribution company or other person—\n\n(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which ESV was entitled in respect of those liabilities immediately before they ceased to be liabilities of ESV vest in the distribution company or other person.\n\nS. 121 substituted by No. 53/1994 s. 24.\n\n","sortOrder":82},{"sectionNumber":"121","sectionType":"section","heading":"Value of former ESV property","content":"\t121 Value of former ESV property\n\n(1) The value to a distribution company or another person of former ESV property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.\n\n(2) The consideration payable by a distribution company in respect of the property and rights of ESV vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.\n\n(3) On the date notified in writing to the distribution company by the Treasurer for the purposes of this subsection, a distribution company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the sum of the value of—\n\n(a) the liabilities that, before that date, have become liabilities of the distribution company under an allocation statement under this Part; and\n\n(b) the financial obligations for which the distribution company is responsible as at that date in accordance with an allocation statement under section 77.\n\nS. 122 substituted by No. 53/1994 s. 24.\n\n","sortOrder":83},{"sectionNumber":"122","sectionType":"section","heading":"Substitution of party to agreement","content":"\t122 Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of ESV under an agreement are allocated to a distribution company or another person—\n\n(a) the company or person becomes, on the relevant date, a party to the agreement in place of ESV; and\n\n(b) on and after the relevant date, the agreement has effect as if the company or person had always been a party to the agreement.\n\nS. 123  \n\n","sortOrder":84},{"sectionNumber":"123","sectionType":"section","heading":"ESV instruments","content":"\t123 ESV instruments\n\nEach ESV instrument relating to former ESV property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to ESV were a reference to the company transferee.\n\nS. 124  \n\n","sortOrder":85},{"sectionNumber":"124","sectionType":"section","heading":"Proceedings","content":"\t124 Proceedings\n\nIf, immediately before the relevant date, proceedings relating to former ESV property (including arbitration proceedings) to which ESV was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for ESV as a party to the proceedings and has the same rights in the proceedings as ESV had.\n\nS. 124A inserted by No. 110/1994 s. 23.\n\n","sortOrder":86},{"sectionNumber":"124A","sectionType":"section","heading":"Criminal proceedings","content":"\t124A Criminal proceedings\n\nS. 124A(1) amended by No. 56/1995 s. 22(b).\n\n(1) If ESV is convicted (whether before or after the commencement of section 23 of the **Electricity Industry (Further Amendment) Act 1994**) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a distribution company or a statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority.\n\n(b) the statement allocates liability to pay the fine to the distribution company or other person specified in it; and\n\n(c) the distribution company or other person is liable to pay the fine as if it had committed and been convicted of the offence.\n\nS. 125  \n\n","sortOrder":87},{"sectionNumber":"125","sectionType":"section","heading":"Interests in land","content":"\t125 Interests in land\n\nWithout prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, ESV is, in relation to former ESV property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(b) the company transferee has the same rights and remedies in respect of that interest as ESV had.\n\nS. 126  \n\n","sortOrder":88},{"sectionNumber":"126","sectionType":"section","heading":"Amendment of Register","content":"\t126 Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 126(1A) inserted by No. 10/1998  \ns. 7(3).\n\n(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 126(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.3).\n\nS. 127  \n\n","sortOrder":89},{"sectionNumber":"127","sectionType":"section","heading":"Taxes","content":"\t127 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of ESV to a company transferee.\n\nS. 128  \n\n","sortOrder":90},{"sectionNumber":"128","sectionType":"section","heading":"Evidence","content":"\t128 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of ESV in relation to former ESV property if this Part had not been enacted, is admissible for or against the interests of the company transferee.\n\nS. 128(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.3).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of ESV and to entries made in those books of account—before the relevant date, whether or not they relate to former ESV property, as if those books of account and entries were business records.\n\nS. 128(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).\n\nS. 129  \n\n","sortOrder":91},{"sectionNumber":"129","sectionType":"section","heading":"Validity of things done under this Part","content":"\t129 Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered by ESV, the State, a Minister, a distribution company or another person under this Part—\n\n(a) is to be regarded as placing ESV, the State, a Minister, the company or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\nS. 129(2) amended by No. 11/2024 s. 60.\n\n(2) The validity of any act or transaction of ESV or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the **Former SEC (Residual Provisions) Act 1958** had not been complied with.\n\nPt 10 Div. 4 (Heading and s. 130) inserted by No. 53/1994 s. 24, repealed by No. 10/1998 s. 8(b).\n\nS. 131  \n\n","sortOrder":92},{"sectionNumber":"131","sectionType":"section","heading":"List of ESV staff","content":"\t131 List of ESV staff\n\n(1) Before the relevant date, ESV must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of ESV and specifying, in respect of each such officer or employee, the distribution company or other person by which he or she is to be regarded as having been employed by virtue of section 132 with effect from the relevant date.\n\n(2) The document may be amended—\n\n(a) before the commencement of section 8 of the **Electricity Industry (Amendment) Act 1994**, by instrument signed by the chief executive officer and given to the Minister and Treasurer;\n\n(b) on or after that commencement, by instrument signed by the Administrator and given to the Minister and Treasurer—\n\nand the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as an officer or employee of ESV from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.\n\nS. 132  \n\n","sortOrder":93},{"sectionNumber":"132","sectionType":"section","heading":"Transfer of ESV staff","content":"\t132 Transfer of ESV staff\n\n(1) A person listed as an officer or employee of ESV in a document under section 131 who was such an officer or employee immediately before the relevant date is to be regarded as—\n\n(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of ESV; and\n\n(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of ESV, immediately before the relevant date.\n\n(2) The service of a transferred ESV employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of ESV.\n\n(3) A transferred ESV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of ESV because of this Act.\n\n(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a distribution company or other person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\nS. 133  \ninserted by No. 53/1994 s. 24, amended by No. 110/1994 ss 24, 33(2), repealed by No. 11/2024 s. 61.\n\nS. 134  \ninserted by No. 53/1994 s. 24, repealed by No. 4/1996 s. 134(2).\n\nPt 11 (Heading and ss 119–122) amended by No. 4/1994 s. 4(2), substituted as Pt 11 (Headings and ss 135–153) by No. 53/1994 s. 24.\n\n","sortOrder":94},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transfer of municipal electrical undertakings to distribution companies","content":"Part 11—Transfer of municipal electrical undertakings to distribution companies\n\nS. 135  \n\n","sortOrder":95},{"sectionNumber":"135","sectionType":"section","heading":"Definitions","content":"\t135 Definitions\n\n***allocator*** means the person who is nominated by the Minister for the purposes of Division 3;\n\n***company transferee***, in relation to former MEU property, means the distribution company to which the property has been transferred under this Part;\n\n***former MEU property*** means MEU property that, under this Part, has vested in, or become a liability of, a distribution company;\n\n***MEU*** means an electrical undertaking conducted immediately before the commencement of section 24 of the **Electricity Industry (Amendment) Act 1994** by a municipal council under the authority of an Order in Council made under the **Electric Light and Power Act 1958** or a corresponding previous enactment;\n\n***MEU instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—\n\n(a) to which a municipal council was a party; or\n\n(b) that was given to or in favour of a municipal council; or\n\n(c) that refers to a municipal council; or\n\n(i) money is, or may become, payable to or by a municipal council; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by a municipal council;\n\n***MEU property*** means the property, rights or liabilities of a municipal council in respect of a MEU to which an agreement under section 136 applies;\n\n***new employer***, in relation to a transferred MEU staff member, means the distribution company by which, by virtue of section 151, the transferred MEU staff member is regarded as being employed with effect from the relevant date;\n\n***relevant date*** means the date fixed by the Minister under subsection (2);\n\n***transferred MEU staff member*** means a person who, by virtue of section 151, is regarded as being employed by a new employer with effect from the relevant date.\n\n(2) The Minister may, by notice published in the Government Gazette, fix the relevant date for the purposes of this Part.\n\nDivision 2—Agreement\n\nS. 136  \n\n","sortOrder":96},{"sectionNumber":"136","sectionType":"section","heading":"Agreement with respect to transfer of property and staff of MEUs","content":"\t136 Agreement with respect to transfer of property and staff of MEUs\n\n(1) The Treasurer, on behalf of the Government of Victoria, may enter into an agreement in writing with one or more than one municipal council with respect to the transfer in accordance with the provisions of this Part, for the consideration expressed in the agreement, of MEU property to one or more than one distribution company.\n\n(2) An agreement made under subsection (1) may be amended or varied at any time before the relevant date in accordance with the terms of that agreement.\n\nDivision 3—Allocation of property\n\nS. 137  \n\n","sortOrder":97},{"sectionNumber":"137","sectionType":"section","heading":"Allocator to prepare allocation statement","content":"\t137 Allocator to prepare allocation statement\n\n(1) The allocator must give to the Treasurer and the Minister, within the period of 3 months after the date on which an agreement is entered into under section 136 or such longer period as the Treasurer and the Minister approve, a statement approved by the Minister relating to the MEU property as at a date specified by the Minister for the purposes of this section.\n\n(a) must allocate the MEU property shown in the statement between the distribution companies;\n\n(b) must be signed by the allocator.\n\n(4) The Treasurer and the Minister may at any time direct the allocator to amend a statement given to them under this section as specified in the direction.\n\nS. 137(5A) inserted by No. 56/1995 s. 23.\n\n(5A) A direction under subsection (4) or an amendment under subsection (5) that would affect a distribution company must not be given or made unless all the shares in the distribution company are held by, or on behalf of, the State or a statutory authority.\n\n(6) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 138  \n\n","sortOrder":98},{"sectionNumber":"138","sectionType":"section","heading":"Certificate of Administrator","content":"\t138 Certificate of Administrator\n\n(1) A certificate signed by the Administrator certifying that MEU property specified in the certificate has been allocated under the allocation statement to a distribution company so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the MEU property has been so allocated; and\n\n(b) that the property, rights or liabilities specified in the certificate vested in or became the property, rights or liabilities of the distribution company on the relevant date so specified.\n\n(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(b) must make the register reasonably available for inspection by a distribution company or other interested person.\n\nDivision 4—Transfer of property\n\nS. 139  \n\n","sortOrder":99},{"sectionNumber":"139","sectionType":"section","heading":"Property transferred to distribution company","content":"\t139 Property transferred to distribution company\n\n(a) all property and rights of a municipal council, wherever located, that are allocated under an allocation statement to a distribution company, vest in that company; and\n\n(b) all liabilities of a municipal council, wherever located, that are allocated under an allocation statement to a distribution company, become liabilities of that company.\n\nS. 140  \n\n","sortOrder":100},{"sectionNumber":"140","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t140 Allocation of property etc. subject to encumbrances\n\na distribution company—\n\n(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which a municipal council was entitled in respect of those liabilities immediately before they ceased to be liabilities of the municipal council vest in the distribution company.\n\nS. 141  \n\n","sortOrder":101},{"sectionNumber":"141","sectionType":"section","heading":"Value of former MEU property","content":"\t141 Value of former MEU property\n\n(1) The value to a distribution company of former MEU property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.\n\n(2) The consideration payable by a distribution company in respect of former MEU property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.\n\n(3) On the date notified in writing to the distribution company by the Treasurer for the purposes of this subsection, a distribution company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the value of the liabilities that, before that date, have become liabilities of the distribution company under an allocation statement under this Part.\n\nS. 142  \n\n","sortOrder":102},{"sectionNumber":"142","sectionType":"section","heading":"Substitution of party to agreement","content":"\t142 Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of a municipal council under an agreement are allocated to a distribution company—\n\n(a) the company becomes, on the relevant date, a party to the agreement in place of the municipal council; and\n\n(b) on and after the relevant date, the agreement has effect as if the company had always been a party to the agreement.\n\nS. 143  \n\n","sortOrder":103},{"sectionNumber":"143","sectionType":"section","heading":"MEU instruments","content":"\t143 MEU instruments\n\nEach MEU instrument relating to former MEU property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the municipal council were a reference to the company transferee.\n\nS. 143A inserted by No. 56/1995 s. 24.\n\n","sortOrder":104},{"sectionNumber":"143A","sectionType":"section","heading":"Proceedings","content":"\t143A Proceedings\n\nIf, immediately before the relevant date, proceedings relating to property transferred to a company transferee under an allocation statement under this Part (including arbitration proceedings) to which a municipal council was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for the municipal council as a party to the proceedings and has the same rights in the proceedings as the municipal council had.\n\nS. 144  \n\n","sortOrder":105},{"sectionNumber":"144","sectionType":"section","heading":"Interests in land","content":"\t144 Interests in land\n\nWithout prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, a municipal council is, in relation to former MEU property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(b) the company transferee has the same rights and remedies in respect of that interest as the municipal council had.\n\nS. 145  \n\n","sortOrder":106},{"sectionNumber":"145","sectionType":"section","heading":"Amendment of Register","content":"\t145 Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 145(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.4).\n\nS. 146  \n\n","sortOrder":107},{"sectionNumber":"146","sectionType":"section","heading":"Taxes","content":"\t146 Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a municipal council to a distribution company.\n\nS. 147  \n\n","sortOrder":108},{"sectionNumber":"147","sectionType":"section","heading":"Evidence","content":"\t147 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of a municipal council in relation to former MEU property if this Part had not been enacted, is admissible for or against the interests of the company transferee.\n\nS. 147(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.4).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of a municipal council and to entries made in those books of account before the relevant date, whether or not they relate to former MEU property, as if those books of account and entries were business records.\n\nS. 147(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).\n\nS. 148  \n\n","sortOrder":109},{"sectionNumber":"148","sectionType":"section","heading":"Validity of things done under this Part","content":"\t148 Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered by a municipal council, the State, a Minister or a distribution company under this Part—\n\n(a) is to be regarded as placing the municipal council, the State, a Minister or the company in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(2) The validity of any act or transaction of a municipal council, the allocator or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act, the **Electric Light and Power Act 1958**, the **State Electricity Commission Act 1958** or the **Local Government Act 1989** had not been complied with.\n\nPt 11 Div. 5 (Heading and s. 149) inserted by No. 53/1994 s. 24, repealed by No. 10/1998 s. 8(b).\n\nDivision 6—Staff\n\nS. 150  \n\n","sortOrder":110},{"sectionNumber":"150","sectionType":"section","heading":"List of MEU staff","content":"\t150 List of MEU staff\n\n(1) Before the relevant date, the allocator must prepare and submit to the Minister and Treasurer a document signed by the allocator listing all the members of Council staff of a municipal council who have accepted an offer of employment made by a distribution company in accordance with an agreement made under section 136(1) and specifying, in respect of each such member of Council staff, the distribution company by which he or she is to be regarded as having been employed by virtue of section 151 with effect from the relevant date or such later date as is specified.\n\n(2) The document may be amended, before or after the relevant date, by instrument signed by the allocator and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as a member of Council staff from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her employment.\n\nS. 151  \n\n","sortOrder":111},{"sectionNumber":"151","sectionType":"section","heading":"Transfer of MEU staff","content":"\t151 Transfer of MEU staff\n\n(1) A person listed as a member of Council staff in a document under section 150 who was a member of Council staff immediately before the relevant date is to be regarded as—\n\n(a) having had his or her employment transferred to the new employer with effect from the relevant date by force of this section and having been employed by that employer on and from the relevant date; and\n\n(b) having been so employed on the terms and conditions agreed to by him or her and the new employer; and\n\n(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as a member of Council staff, immediately before the relevant date.\n\n(2) The service of a transferred MEU staff member as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as a member of Council staff.\n\n(3) A transferred MEU staff member is not entitled to receive any payment or other benefit by reason only of having ceased to be a member of Council staff because of this Act.\n\n(4) A certificate purporting to be signed by the allocator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a distribution company named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\nS. 152  \n\n","sortOrder":112},{"sectionNumber":"152","sectionType":"section","heading":"Future terms and conditions of transferred MEU staff members","content":"\t152 Future terms and conditions of transferred MEU staff members\n\n(1) Nothing in section 151 prevents—\n\n(a) any of the terms and conditions of employment of a transferred MEU staff member from being altered by or under any law, award or agreement with effect from any time after the relevant date; or\n\n(b) a transferred MEU staff member from transferring to the employment of another distribution company at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other distribution company; or\n\n(c) a transferred MEU staff member from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.\n\n(2) The service of a transferred MEU staff member as an employee of another distribution company to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as a member of Council staff and with his or her service on or after that date as an employee of a distribution company.\n\nS. 153  \ninserted by No. 53/1994 s. 24, repealed by No. 4/1996 s. 134(2).\n\nPt 11A (Headings and ss 153A–153T) inserted by No. 110/1994 s. 25.\n\n","sortOrder":113},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Transfer of property and staff of Generation Victoria","content":"Part 11A—Transfer of property and staff of Generation Victoria\n\nS. 153A inserted by No. 110/1994 s. 25.\n\n","sortOrder":114},{"sectionNumber":"153A","sectionType":"section","heading":"Definitions","content":"\t153A Definitions\n\n***chief executive officer*** means chief executive officer of GV;\n\n***company transferee***, in relation to former GV property, means the generation company, SEC or other person to which the property has been transferred under this Part;\n\n***GV*** means Generation Victoria;\n\n***GV instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—\n\n(a) to which GV was a party; or\n\n(b) that was given to or in favour of GV; or\n\n(c) that refers to GV; or\n\n(i) money is, or may become, payable to or by GV; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by GV;\n\n***former GV property*** means property, rights or liabilities of GV that, under this Part, have vested in, or become liabilities of, a generation company, SEC or another person;\n\n***new employer***, in relation to a transferred GV employee, means the generation company, SEC or other person by which, by virtue of section 153R, the transferred GV employee is regarded as being employed with effect from the relevant date;\n\n(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(b) in relation to a document referred to in section 153Q(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;\n\nS. 153A(1) def. of *SEC* inserted by No. 11/2024 s. 62.\n\n***SEC*** means the former SEC;\n\n***transferred GV employee*** means a person who, by virtue of section 153R, is regarded as being employed by a new employer with effect from the relevant date.\n\n(a) fix the relevant date for the purposes of an allocation statement under section 153B;\n\n(b) fix the relevant date for the purposes of a document referred to in section 153Q(1).\n\nS. 153B inserted by No. 110/1994 s. 25.\n\n","sortOrder":115},{"sectionNumber":"153B","sectionType":"section","heading":"GV to prepare allocation statement","content":"\t153B GV to prepare allocation statement\n\n(1) GV must give to the Treasurer and the Minister, within the period of 3 months after the date on which the **Electricity Industry (Further Amendment) Act 1994** receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of GV as at a date specified by the Minister for the purposes of the relevant statement.\n\n(a) must allocate the property, rights and liabilities of GV shown in the statement to, or between, the generation companies, SEC and any other person or persons nominated in writing by the Minister;\n\n(b) must be signed by the chief executive officer or, after the commencement of section 5 of the **Electricity Industry (Further Amendment) Act 1994**, by the Administrator.\n\n(4) The Treasurer and the Minister may at any time direct GV or, after the commencement of section 5 of the **Electricity Industry (Further Amendment) Act 1994**, the Administrator to amend a statement given to them under this section as specified in the direction.\n\n(6) A direction under subsection (4) or an amendment under subsection (5) that would affect a generation company must not be given or made unless all the shares in the generation company are held by or on behalf of the State or a statutory authority.\n\n(7) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 153C inserted by No. 110/1994 s. 25.\n\n","sortOrder":116},{"sectionNumber":"153C","sectionType":"section","heading":"Certificate of Administrator","content":"\t153C Certificate of Administrator\n\n(1) A certificate signed by the Administrator certifying that property, rights or liabilities of GV specified in the certificate have been allocated under the allocation statement to a generation company, SEC or any other person so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the generation company, SEC or other person on the relevant date.\n\n(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(b) must make the register reasonably available for inspection by a generation company or other interested person.\n\nS. 153D inserted by No. 110/1994 s. 25.\n\n","sortOrder":117},{"sectionNumber":"153D","sectionType":"section","heading":"Property transferred to generation company","content":"\t153D Property transferred to generation company\n\n(a) all property and rights of GV, wherever located, that are allocated under an allocation statement to a generation company, SEC or another person, or any 2 or more of the generation companies, SEC or other persons, vest in that company, SEC or person or any 2 or more of them; and\n\n(b) all liabilities of GV, wherever located, that are allocated under an allocation statement to a generation company, SEC or another person, or to any 2 or more of the generation companies, SEC or other persons, become liabilities of that company, SEC or person or any 2 or more of them.\n\nS. 153E inserted by No. 110/1994 s. 25.\n\n","sortOrder":118},{"sectionNumber":"153E","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t153E Allocation of property etc. subject to encumbrances\n\na generation company, SEC or other person or any 2 or more of the generation companies, SEC and other persons—\n\n(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which GV was entitled in respect of those liabilities immediately before they ceased to be liabilities of GV vest in the generation company, SEC or other person or any 2 or more of them.\n\nS. 153F inserted by No. 110/1994 s. 25.\n\n","sortOrder":119},{"sectionNumber":"153F","sectionType":"section","heading":"Value of former GV property","content":"\t153F Value of former GV property\n\n(1) The value to a generation company, SEC or another person of former GV property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.\n\n(2) The consideration payable by a generation company in respect of the property and rights of GV vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.\n\n(3) On the date notified in writing to the generation company by the Treasurer for the purposes of this subsection, a generation company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the sum of the value of—\n\n(a) the liabilities that, before that date, have become liabilities of the generation company under an allocation statement under this Part; and\n\n(b) the financial obligations for which the generation company is responsible as at that date in accordance with an allocation statement under section 77.\n\nS. 153G inserted by No. 110/1994 s. 25.\n\n","sortOrder":120},{"sectionNumber":"153G","sectionType":"section","heading":"Substitution of party to agreement","content":"\t153G Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of GV under an agreement are allocated to a generation company, SEC or another person—\n\n(a) the company, SEC or person becomes, on the relevant date, a party to the agreement in place of GV; and\n\n(b) on and after the relevant date, the agreement has effect as if the company, SEC or person had always been a party to the agreement.\n\nS. 153H inserted by No. 110/1994 s. 25.\n\n","sortOrder":121},{"sectionNumber":"153H","sectionType":"section","heading":"Criminal proceedings","content":"\t153H Criminal proceedings\n\nS. 153H(1) amended by No. 56/1995 s. 25(a).\n\n(1) If GV is convicted (whether before or after the commencement of section 25 of the **Electricity Industry (Further Amendment) Act 1994**) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a public generation company.\n\nS. 153H(2)(b) amended by No. 56/1995 s. 25(a).\n\n(b) the statement allocates liability to pay the fine to the public generation company specified in it; and\n\nS. 153H(2)(c) amended by No. 56/1995 s. 25(a).\n\n(c) the public generation company is liable to pay the fine as if it had committed and been convicted of the offence.\n\nS. 153I inserted by No. 110/1994 s. 25.\n\n","sortOrder":122},{"sectionNumber":"153I","sectionType":"section","heading":"GV instruments","content":"\t153I GV instruments\n\nEach GV instrument relating to former GV property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to GV were a reference to the company transferee.\n\nS. 153J inserted by No. 110/1994 s. 25.\n\n","sortOrder":123},{"sectionNumber":"153J","sectionType":"section","heading":"Proceedings","content":"\t153J Proceedings\n\nIf, immediately before the relevant date, proceedings relating to former GV property (including arbitration proceedings) to which GV was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for GV as a party to the proceedings and has the same rights in the proceedings as GV had.\n\nS. 153K inserted by No. 110/1994 s. 25.\n\n","sortOrder":124},{"sectionNumber":"153K","sectionType":"section","heading":"Interests in land","content":"\t153K Interests in land\n\nWithout prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, GV is, in relation to former GV property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(b) the company transferee has the same rights and remedies in respect of that interest as GV had.\n\nS. 153L inserted by No. 110/1994 s. 25.\n\n","sortOrder":125},{"sectionNumber":"153L","sectionType":"section","heading":"Amendment of Register","content":"\t153L Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 153L(1A) inserted by No. 10/1998  \ns. 7(4).\n\n(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 153L(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.5).\n\nS. 153M inserted by No. 110/1994 s. 25.\n\n","sortOrder":126},{"sectionNumber":"153M","sectionType":"section","heading":"Taxes","content":"\t153M Taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of GV to a company transferee.\n\nS. 153N inserted by No. 110/1994 s. 25.\n\n","sortOrder":127},{"sectionNumber":"153N","sectionType":"section","heading":"Evidence","content":"\t153N Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of GV in relation to former GV property if this Part had not been enacted, is admissible for or against the interests of the company transferee.\n\nS. 153N(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.5).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of GV and to entries made in those books of account—before the relevant date, whether or not they relate to former GV property, as if those books of account and entries were business records.\n\nS. 153N(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).\n\nS. 153O inserted by No. 110/1994 s. 25.\n\n","sortOrder":128},{"sectionNumber":"153O","sectionType":"section","heading":"Validity of things done under this Part","content":"\t153O Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered under this Part—\n\n(a) is to be regarded as placing GV, the State, a Minister, a generation company, SEC or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\nS. 153O(2) amended by No. 11/2024 s. 63.\n\n(2) The validity of any act or transaction of GV or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the **Former SEC (Residual Provisions) Act 1958** had not been complied with.\n\nPt 11A Div. 4 (Heading and s. 153P) inserted by No. 110/1994 s. 25, repealed by No. 10/1998 s. 8(b).\n\nS. 153Q inserted by No. 110/1994 s. 25.\n\n","sortOrder":129},{"sectionNumber":"153Q","sectionType":"section","heading":"List of GV staff","content":"\t153Q List of GV staff\n\n(1) Before the relevant date, GV must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of GV and specifying, in respect of each such officer or employee, the generation company, SEC or other person by which he or she is to be regarded as having been employed by virtue of section 153R with effect from the relevant date.\n\n(2) The document may be amended—\n\n(a) before the commencement of section 5 of the **Electricity Industry (Further Amendment) Act 1994**, by instrument signed by the chief executive officer and given to the Minister and Treasurer;\n\n(b) on or after that commencement, by instrument signed by the Administrator and given to the Minister and Treasurer—\n\nand the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as an officer or employee of GV from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.\n\nS. 153R inserted by No. 110/1994 s. 25.\n\n","sortOrder":130},{"sectionNumber":"153R","sectionType":"section","heading":"Transfer of GV staff","content":"\t153R Transfer of GV staff\n\n(1) A person listed as an officer or employee of GV in a document under section 153Q who was such an officer or employee immediately before the relevant date is to be regarded as—\n\n(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of GV; and\n\n(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of GV, immediately before the relevant date.\n\n(2) The service of a transferred GV employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of GV.\n\n(3) A transferred GV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of GV because of this Act.\n\n(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a generation company, SEC or other person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\nS. 153S inserted by No. 110/1994 s. 25.\n\n","sortOrder":131},{"sectionNumber":"153S","sectionType":"section","heading":"Future terms and conditions of transferred employees","content":"\t153S Future terms and conditions of transferred employees\n\n(1) Nothing in section 153R prevents—\n\n(a) any of the terms and conditions of employment of a transferred GV employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or\n\n(b) a transferred GV employee from transferring to the employment of another person (whether a generation company, a distribution company, SEC, an electricity corporation, VPX or an SEC company) at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other person; or\n\n(c) a transferred GV employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.\n\n(2) The service of a transferred GV employee as an employee of another person to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of GV and with his or her service on or after that date as an employee of the other person mentioned in subsection (1)(b).\n\n(3) A transferred GV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of a generation company or other person, being a payment or benefit in respect of a period of service as an officer or employee of GV, if he or she has received a payment or other benefit in respect of that period by reason of having ceased to be an employee of another generation company or other person.\n\nS. 153T inserted by No. 110/1994 s. 25, repealed by No. 4/1996 s. 134(2).\n\nPt 11AB (Headings and ss 153TA–153TP) inserted by No. 14/1997 s. 16.\n\nPart 11AB—Transfer of certain property and staff of Loy Yang Power Ltd\n\nDivision 1—Definitions and application\n\nS. 153TA inserted by No. 14/1997 s. 16.\n\n\t153TA Definitions and application\n\n***chief executive officer*** means chief executive officer of LYP;\n\n***former LYP property*** means property, rights or liabilities of LYP that, under this Part, have vested in, or become liabilities of another person;\n\n***LYP*** means Loy Yang Power Limited;\n\n***LYP instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—\n\n(a) to which LYP was a party; or\n\n(b) that was given to or in favour of LYP; or\n\n(c) that refers to LYP; or\n\n(i) money is, or may become, payable to or by LYP; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by LYP;\n\n***LYP transferee***, in relation to former LYP property, means the person to which the property has been transferred under this Part;\n\n***new employer***, in relation to a transferred LYP employee, means the person by which, by virtue of section 153TN, the transferred LYP employee is regarded as being employed with effect from the relevant date;\n\n(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(b) in relation to a document referred to in section 153TM(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;\n\n***transferred LYP employee*** means a person who, by virtue of section 153TN, is regarded as being employed by a new employer with effect from the relevant date.\n\n(a) fix the relevant date for the purposes of an allocation statement under section 153TB;\n\n(b) fix the relevant date for the purposes of a document referred to in section 153TM(1).\n\n(3) This Part does not apply unless LYP is a company all the shares in which are held by, or on behalf of, the State or a statutory authority.\n\nS. 153TB inserted by No. 14/1997 s. 16.\n\n\t153TB LYP to prepare allocation statement\n\n(1) LYP must give to the Treasurer and the Minister, within the period of 3 months after the date on which the **Electricity Industry (Loy Yang B) Act 1997** receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of LYP as at a date specified by the Minister for the purposes of the relevant statement.\n\n(a) must allocate the property, rights and liabilities of LYP shown in the statement to, or between, the person or persons nominated in writing by the Minister;\n\n(b) must be signed by the chief executive officer.\n\n(4) The Treasurer and the Minister may at any time direct LYP to amend a statement given to them under this section as specified in the direction.\n\n(6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Minister under subsection (1) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment.\n\n(7) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 153TC inserted by No. 14/1997 s. 16.\n\n\t153TC Certificate of Administrator\n\n(1) A certificate signed by the Administrator certifying that property, rights or liabilities of LYP specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.\n\n(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(b) must make the register reasonably available for inspection by an interested person.\n\nS. 153TD inserted by No. 14/1997 s. 16.\n\n\t153TD Property transferred\n\n(a) all property and rights of LYP, wherever located, that are allocated under an allocation statement to a person, or any 2 or more persons, vest in that person or persons; and\n\n(b) all liabilities of LYP, wherever located, that are allocated under an allocation statement to a person, or to any 2 or more persons, become liabilities of that person or persons.\n\nS. 153TE inserted by No. 14/1997 s. 16.\n\n\t153TE Allocation of property etc. subject to encumbrances\n\na person or 2 or more persons—\n\n(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which LYP was entitled in respect of those liabilities immediately before they ceased to be liabilities of LYP vest in the person or persons.\n\nS. 153TF inserted by No. 14/1997 s. 16.\n\n\t153TF Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of LYP under an agreement are allocated to a person—\n\n(a) the person becomes, on the relevant date, a party to the agreement in place of LYP; and\n\nS. 153TG inserted by No. 14/1997 s. 16.\n\n\t153TG LYP instruments\n\nEach LYP instrument relating to former LYP property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to LYP were a reference to the LYP transferee.\n\nS. 153TH inserted by No. 14/1997 s. 16.\n\n\t153TH Proceedings\n\nIf, immediately before the relevant date, proceedings relating to former LYP property (including arbitration proceedings) to which LYP was a party were pending or existing in any court or tribunal, then, on and after that date, the LYP transferee is substituted for LYP as a party to the proceedings and has the same rights in the proceedings as LYP had.\n\nS. 153TI inserted by No. 14/1997 s. 16.\n\n\t153TI Interests in land\n\nWithout prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, LYP is, in relation to former LYP property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(a) the LYP transferee is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the LYP transferee has the same rights and remedies in respect of that interest as LYP has.\n\nS. 153TJ inserted by No. 14/1997 s. 16.\n\n\t153TJ Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 153TJ(1A) inserted by No. 10/1998  \ns. 7(5).\n\n(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 153TJ(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.6).\n\nS. 153TK inserted by No. 14/1997 s. 16.\n\n\t153TK Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of LYP in relation to former LYP property if this Part had not been enacted, is admissible for or against the interests of the LYP transferee.\n\nS. 153TK(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.6).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of LYP and to entries made in those books of account before the relevant date, whether or not they relate to former LYP property, as if those books of account and entries were business records.\n\nS. 153TK(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).\n\nS. 153TL inserted by No. 14/1997 s. 16.\n\n\t153TL Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by LYP—\n\n(a) is to be regarded as placing LYP, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(2) The validity of any act or transaction of LYP must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.\n\nDivision 4—Staff\n\nS. 153TM inserted by No. 14/1997 s. 16.\n\n\t153TM List of LYP staff\n\n(1) Before the relevant date, LYP must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of LYP and specifying, in respect of each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 153TN with effect from the relevant date.\n\n(2) The document may be amended by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as an officer or employee of LYP from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.\n\nS. 153TN inserted by No. 14/1997 s. 16.\n\n\t153TN Transfer of LYP staff\n\n(1) A person listed as an officer or employee of LYP in a document under section 153TM who was such an officer or employee immediately before the relevant date is to be regarded as—\n\n(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of LYP; and\n\n(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of LYP, immediately before the relevant date.\n\n(2) The service of a transferred LYP employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of LYP.\n\n(3) A transferred LYP employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of LYP because of this Act.\n\n(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\nS. 153TO inserted by No. 14/1997 s. 16.\n\n\t153TO Future terms and conditions of transferred employees\n\nNothing in section 153TN prevents—\n\n(a) any of the terms and conditions of employment of a transferred LYP employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or\n\n(b) a transferred LYP employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.\n\nS. 153TP inserted by No. 14/1997 s. 16, repealed by No. 11/2024 s. 64.\n\nPt 11AC (Headings and ss 153TQ–153TZG) inserted by No. 35/1997 s. 25.\n\nPart 11AC—Transfer of certain property and staff of nominated transferor companies\n\nDivision 1—Definitions and applications\n\nS. 153TQ inserted by No. 35/1997 s. 25.\n\n\t153TQ Definitions\n\n***former TCO property*** means property, rights or liabilities of a TCO that, under this Part, have vested in, or become liabilities of another person;\n\n***new employer***, in relation to a transferred TCO employee, means the person by which, by virtue of section 153TZE, the transferred TCO employee is regarded as being employed with effect from the relevant date;\n\n(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;\n\n(b) in relation to a document referred to in section 153TZD(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;\n\n***TCO*** means a transferor company that is nominated by the Minister under section 153TR;\n\n***TCO instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date in relation to a TCO—\n\n(a) to which the TCO was a party; or\n\n(b) that was given to or in favour of the TCO; or\n\n(c) that refers to the TCO; or\n\n(i) money is, or may become, payable to or by the TCO; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the TCO;\n\n***TCO transferee***, in relation to former TCO property, means the person to which the property has been transferred under this Part;\n\n***transferred TCO employee*** means a person who, by virtue of section 153TZE, is regarded as being employed by a new employer with effect from the relevant date;\n\nS. 153TQ(1) def. of *transferor company* amended by Nos 55/1997  \ns. 9(1), 36/1999 s. 13(a).\n\n***transferor company*** means Victorian Power Exchange Pty Ltd A.C.N. 080 200 371 or a public transmission company or a public generation company.\n\n(a) fix a relevant date for the purposes of an allocation statement under section 153TS;\n\n(b) fix a relevant date for the purposes of a document referred to in section 153TZD(1).\n\nS. 153TR inserted by No. 35/1997 s. 25, amended by No. 55/1997  \ns. 9(2) (ILA  \ns. 39B(1)).\n\n\t153TR Nomination of transferor company\n\n(1) If the Treasurer, on behalf of the State, enters into an agreement for the sale or transfer of property, rights and liabilities of a transferor company, the Treasurer may nominate the transferor company for the purpose of this Part.\n\nS. 153TR(2) inserted by No. 55/1997  \ns. 9(2), amended by No. 36/1999 s. 13(b).\n\n(2) The Treasurer may nominate Victorian Power Exchange Pty Ltd A.C.N. 080 200 371 as a transferor company for the purposes of this Part.\n\nS. 153TS inserted by No. 35/1997 s. 25.\n\n\t153TS TCO to prepare allocation statement\n\nS. 153TS(1) amended by No. 10/1998  \ns. 10(1)(a).\n\n(1) The TCO must give to the Treasurer and the Minister, within the period of 3 months after the date on which the TCO is nominated under section 153TR or within such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of the TCO as at a date specified by the Minister for the purposes of the relevant statement.\n\n(a) must allocate the property, rights and liabilities of the TCO shown in the statement to, or between, the person or persons nominated in writing by the Minister;\n\n(b) must be signed by the chief executive officer of the TCO.\n\n(4) The Treasurer and the Minister may at any time direct the TCO to amend a statement given to them under this section as specified in the direction.\n\n(6) A direction under subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Minister under subsection (1) must not be given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment.\n\n(7) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 153TT inserted by No. 35/1997 s. 25.\n\n\t153TT Certificate of Administrator\n\n(1) A certificate signed by the Administrator certifying that property, rights or liabilities of the TCO specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—\n\n(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the person on the relevant date.\n\n(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(b) must make the register reasonably available for inspection by an interested person.\n\nS. 153TU inserted by No. 35/1997 s. 25.\n\n\t153TU Property transferred\n\n(a) all property and rights of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or any 2 or more persons, vest in that person or persons; and\n\n(b) all liabilities of the TCO, wherever located, that are allocated under an allocation statement relating to the TCO to a person, or to any 2 or more persons, become liabilities of that person or persons.\n\nS. 153TUA inserted by No. 55/1997  \ns. 10.\n\n\t153TUA Value to TCO of transferred property\n\nIf, in an agreement for the sale by the TCO of the business or assets of the TCO, a value is ascribed to property, rights or liabilities that are allocated to a TCO transferee under an allocation statement, that value is deemed to be consideration paid to, or received by, the TCO.\n\nS. 153TV inserted by No. 35/1997 s. 25.\n\n\t153TV Allocation of property etc. subject to encumbrances\n\na person or 2 or more persons—\n\n(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and\n\n(d) the rights to which the TCO was entitled in respect of those liabilities immediately before they ceased to be liabilities of the TCO vest in the person or persons.\n\nS. 153TW inserted by No. 35/1997 s. 25.\n\n\t153TW Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of the TCO under an agreement are allocated to a person—\n\n(a) the person becomes, on the relevant date, a party to the agreement in place of the TCO; and\n\nS. 153TX inserted by No. 35/1997 s. 25.\n\n\t153TX TCO instruments\n\nEach TCO instrument relating to former TCO property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the TCO were a reference to the TCO transferee.\n\nS. 153TY inserted by No. 35/1997 s. 25.\n\n\t153TY Proceedings\n\nIf, immediately before the relevant date, proceedings relating to former TCO property (including arbitration proceedings) to which the TCO was a party were pending or existing in any court or tribunal, then, on and after that date, the TCO transferee is substituted for the TCO as a party to the proceedings and has the same rights in the proceedings as the TCO had.\n\nS. 153TZ inserted by No. 35/1997 s. 25.\n\n\t153TZ Interests in land\n\nWithout prejudice to the generality of this Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the TCO is, in relation to former TCO property, the registered proprietor of an interest in land under the **Transfer of Land Act 1958**, then on and after that date—\n\n(a) the TCO transferee is to be taken to be the registered proprietor of that interest in land; and\n\n(b) the TCO transferee has the same rights and remedies in respect of that interest as the TCO has.\n\nS. 153TZA inserted by No. 35/1997 s. 25.\n\n\t153TZA Amendment of Register\n\n(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.\n\nS. 153TZA(1A) inserted by No. 10/1998  \ns. 7(6).\n\n(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the **Transfer of Land Act 1958**.\n\nS. 153TZA (2)(3)  \nrepealed by No. 85/1998 s. 24(Sch. item 20.7).\n\nS. 153TZB inserted by No. 35/1997 s. 25.\n\n\t153TZB Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the TCO in relation to former TCO property if this Part had not been enacted, is admissible for or against the interests of the TCO transferee.\n\nS. 153TZB(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.7).\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the TCO and to entries made in those books of account before the relevant date, whether or not they relate to former TCO property, as if those books of account and entries were business records.\n\nS. 153TZB(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).\n\nS. 153TZC inserted by No. 35/1997 s. 25.\n\n\t153TZC Validity of things done under this Part\n\n(1) Nothing effected by this Part or done or suffered under this Part or the cessation of carrying on business by a TCO—\n\n(a) is to be regarded as placing the TCO, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or\n\n(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\n(2) The validity of any act or transaction of a TCO must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.\n\nDivision 4—Staff\n\nS. 153TZD inserted by No. 35/1997 s. 25.\n\n\t153TZD List of TCO staff\n\n(1) Before the relevant date in relation to a TCO, the TCO must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of the TCO and specifying, in respect of each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 153TZE with effect from the relevant date.\n\n(2) The document may be amended by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.\n\n(3) Nothing in this section prevents a person listed in the document as an officer or employee of the TCO from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.\n\nS. 153TZE inserted by No. 35/1997 s. 25.\n\n\t153TZE Transfer of TCO staff\n\n(1) A person listed as an officer or employee of a TCO in a document under section 153TZD who was such an officer or employee immediately before the relevant date in relation to the TCO is to be regarded as—\n\n(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of the TCO; and\n\n(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of the TCO, immediately before the relevant date.\n\n(2) The service of a transferred TCO employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of the TCO.\n\n(3) A transferred TCO employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of the TCO because of this Act.\n\n(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.\n\nS. 153TZF inserted by No. 35/1997 s. 25.\n\n\t153TZF Future terms and conditions of transferred employees\n\nNothing in section 153TZE prevents—\n\n(a) any of the terms and conditions of employment of a transferred TCO employee from being altered by or under any law, award or agreement with effect from any time after the relevant date; or\n\n(b) a transferred TCO employee from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.\n\nS. 153TZG inserted by No. 35/1997 s. 25, repealed by No. 11/2024 s. 64.\n\nPt 11B (Heading and ss 153U–153X) inserted by No. 56/1995 s. 35.\n\nPart 11B—Provisions relating to privatisation\n\nS. 153U inserted by No. 56/1995 s. 35, amended by Nos 14/1997 s. 11, 35/1997 s. 23(1).\n\n\t153U Treasurer may be party to agreement for sale\n\nThe Treasurer, on behalf of the Government of Victoria, may be a party to an agreement for the sale or disposal of shares in or other property of a public distribution company, public transmission company or a public generation company, being a sale or disposal on such terms and conditions as the Treasurer approves.\n\nS. 153UA inserted by No. 14/1997 s. 12.\n\n\t153UA Loy Yang B transaction\n\nThe Treasurer, on behalf of the Government of Victoria, is deemed to have been authorised to enter into, and may give effect to, the LYB Transaction Implementation Agreement and may enter into and give effect to all transactions referred to or contemplated in the LYB Transaction Implementation Agreement, including the sale of the interest in the Loy Yang B Power Station held by Loy Yang B Power Station Pty Ltd.\n\nS. 153V inserted by No. 56/1995 s. 35, amended by No. 35/1997 s. 23(1), repealed by No. 11/2024 s. 65.\n\nS. 153W inserted by No. 56/1995 s. 35, amended by No. 35/1997 s. 23(2)(3), repealed by No. 11/2024 s. 65.\n\nS. 153X inserted by No. 56/1995 s. 35.\n\n","sortOrder":132},{"sectionNumber":"153X","sectionType":"section","heading":"Freedom of Information Act 1982","content":"\t153X Freedom of Information Act 1982\n\nThe **Freedom of Information Act 1982** does not apply to a document to the extent to which the document discloses information about—\n\nS. 153X(a) amended by No. 35/1997 s. 23(4).\n\n(a) the identity of any person expressing an interest in purchasing, or making an offer to purchase, any shares in a public distribution company, a public transmission company or a public generation company or any property or rights of such a company; or\n\nS. 153X(b) amended by No. 14/1997 s. 13.\n\n(b) the terms of any expression of interest or offer referred to in paragraph (a); or\n\nS. 153X(c) inserted by No. 14/1997 s. 13.\n\n(c) the terms of the LYB Transaction Implementation Agreement or the transactions referred to or contemplated in that Agreement.\n\nPt 12 (Heading and ss 154–169) inserted by No. 53/1994 s. 25.\n\n","sortOrder":133},{"sectionNumber":"Part 12","sectionType":"part","heading":"Regulation of electricity industry","content":"Part 12—Regulation of electricity industry\n\nS. 154  \ninserted by No. 53/1994 s. 25.\n\n","sortOrder":134},{"sectionNumber":"154","sectionType":"section","heading":"Definitions","content":"\t154 Definitions\n\nS. 154 def. of *distributor* repealed by No. 56/1995 s. 25(b).\n\nS. 154 def. of *franchise customer* repealed by No. 56/1995 s. 39(a).\n\nS. 154 def. of *licence* repealed by No. 55/1997  \ns. 4(3).\n\nS. 154 def. of *non-franchise customer* substituted by No. 110/1994 s. 26, repealed by No. 56/1995 s. 39(a).\n\nS. 154 def. of *Office* repealed by No. 56/1995 s. 25(b).\n\nS. 154 def. of *pool rules* inserted by No. 56/1995 s. 25(c).\n\n***pool rules*** means the rules relating to the operation of the market for wholesale trading in electricity operated and administered by VPX;\n\n***retailer*** means the holder of a licence to sell electricity otherwise than through the wholesale electricity market.\n\nS. 155  \ninserted by No. 53/1994 s. 25.\n\n","sortOrder":135},{"sectionNumber":"155","sectionType":"section","heading":"Construction of Part","content":"\t155 Construction of Part\n\nThis Part is relevant legislation for the purposes of the **Office of the Regulator-General Act 1994**.\n\nS. 155A inserted by No. 55/1997  \ns. 11, repealed by No. 69/2000 s. 14.\n\nS. 156  \ninserted by No. 53/1994 s. 25, amended by Nos 110/1994 s. 33(2), 35/1997 s. 24(a), 11/2024 s. 66.\n\n","sortOrder":136},{"sectionNumber":"156","sectionType":"section","heading":"Application of Part","content":"\t156 Application of Part\n\nThis Part applies to any person, including an electricity corporation, VPX and any distribution company, transmission company and generation company.\n\nS. 157  \ninserted by No. 53/1994 s. 25, amended by No. 62/2001 s. 74(c).\n\n","sortOrder":137},{"sectionNumber":"157","sectionType":"section","heading":"Objectives of the Commission","content":"\t157 Objectives of the Commission\n\nThe objectives of the Commission under this Act are—\n\n(a) to promote competition in the generation, supply and sale of electricity;\n\n(b) to ensure the maintenance of an efficient and economic system for the generation, transmission, distribution, supply and sale of electricity;\n\n(c) to protect the interests of consumers with respect to electricity prices and the safety, reliability and quality of electricity supply;\n\n(d) to facilitate the maintenance of a financially viable electricity supply industry.\n\nS. 157A inserted by No. 48/1996 s. 6, repealed by No. 69/2000 s. 14.\n\nS. 158  \ninserted by No. 53/1994 s. 25, amended by Nos 56/1995 ss 39(b), 44(3), 55/1997 s. 12(1)(a)(2), 38/2000 s. 3, repealed by No. 69/2000 s. 14.\n\nS. 158AA inserted by No. 38/2000 s. 4, repealed by No. 69/2000 s. 14.\n\nS. 158A inserted by No. 110/1994 s. 27, amended by Nos 56/1995 ss 26(1)–(3), 39(c), 35/1997 s. 11, 55/1997 s. 12(1)(b), 38/2000 s. 5, repealed by No. 69/2000 s. 14.\n\nS. 158B inserted by No. 56/1995 s. 27, repealed by No. 10/1998 s. 8(a).\n\nS. 158BA inserted by No. 14/1997 s. 15, amended by Nos 25/2004 s. 20, 8/2005 s. 15(2), repealed by No. 11/2024 s. 67.\n\nS. 158C inserted by No. 56/1995 s. 27, amended by Nos 8/1996 s. 15(1)(2), 14/1997 s. 14(1)(2), 35/1997 s. 13(1)(2), 10/1998 s. 6, 36/1999 s. 14(1), 38/2000 s. 6, 69/2000 s. 13, repealed by No. 69/2000 s. 14.\n\nSs 158D, 158E inserted by No. 48/1996 s. 7, repealed by No. 35/1997 s. 12(a).\n\nS. 159  \ninserted by No. 53/1994 s. 25, amended by Nos 48/1996 s. 8, 55/1997 s. 8(b)(c), 25/1998 s. 165(6), repealed by No. 69/2000 s. 14.\n\nS. 160  \ninserted by No. 53/1994 s. 25, repealed by No. 69/2000 s. 14.\n\nS. 161  \ninserted by No. 53/1994 s. 25, amended by Nos 56/1995 s. 28(1), 79/1995 s. 11(1), repealed by No. 69/2000 s. 14.\n\nS. 162  \ninserted by No. 53/1994 s. 25, amended by Nos 56/1995 ss 28(2)–(5), 39(d), 46(2)(a)(b), 48/1996 s. 9, 35/1997 s. 12(b), 105/1997 s. 26(2), 89/1998 s. 3(1)(2), 38/2000 s. 7(1)(a)(b), repealed by No. 69/2000 s. 14.\n\nS. 163  \ninserted by No. 53/1994 s. 25, amended by Nos 110/1994 s. 28, 56/1995 s. 29(1)(2), 79/1995 ss 11(2), 12(1), 48/1996 s. 10(1)–(5), 35/1997 s. 12(c)–(e), 38/2000 s. 7(2)–(6), repealed by No. 69/2000 s. 14.\n\nS. 163AAA inserted by No. 35/1997 s. 14, amended by No. 55/1997 s. 13(1)–(3), substituted by No. 38/2000 s. 8, repealed by No. 69/2000 s. 14.\n\nS. 163AA inserted by No. 79/1995 s. 13, amended by No. 35/1997 s. 24(b)(i)(ii), repealed by No. 69/2000 s. 14.\n\nS. 163A inserted by No. 110/1994 s. 29, substituted by No. 56/1995 s. 30, repealed by No. 56/1995 s. 39(e).\n\nS. 164  \ninserted by No. 53/1994 s. 25, amended by Nos 56/1995 s. 31, 48/1996 s. 10(6), 38/2000 s. 7(7), repealed by No. 69/2000 s. 14.\n\nS. 164A inserted by No. 56/1995 s. 32, amended by No. 79/1995 s. 12(2)(a)–(c), repealed by No. 69/2000 s. 14.\n\nS. 165  \ninserted by No. 53/1994 s. 25, substituted by No. 110/1994 s. 30, repealed by No. 69/2000 s. 14.\n\nS. 165A inserted by No. 48/1996 s. 11, substituted by No. 35/1997 s. 15, repealed by No. 69/2000 s. 14.\n\nS. 166  \ninserted by No. 53/1994 s. 25, repealed by No. 69/2000 s. 14.\n\nS. 167  \ninserted by No. 53/1994 s. 25, substituted by No. 79/1995 s. 14, amended by Nos 48/1996 s. 12, 35/1997 s. 12(f), 36/1999 s. 15, repealed by No. 69/2000 s. 14.\n\nS. 168  \ninserted by No. 53/1994 s. 25, amended by Nos 110/1994 ss 31, 33(2), 35/1997 s. 24(c), repealed by No. 69/2000 s. 14.\n\nS. 169  \ninserted by No. 53/1994 s. 25, amended by No. 56/1995 ss 33(1)–(3), 39(f), repealed by No. 69/2000 s. 14.\n\nSs 169A–169D inserted by No. 38/2000 s. 9, repealed by No. 69/2000 s. 14.\n\nS. 169E inserted by No. 38/2000 s. 10, repealed by No. 69/2000 s. 14.\n\nS. 170  \ninserted by No. 110/1994 s. 32, repealed by No. 69/2000 s. 14.\n\nSs 170A–170C inserted by No. 38/2000 s. 12, repealed by No. 69/2000 s. 14.\n\nPt 13 (Heading and ss 171–182) inserted by No. 56/1995 s. 36, amended by Nos 79/1995 ss 15–17, 8/1996 s. 16(1)(2), 48/1996  \nss 13–18(a)(b), 55/1997 ss 8(d), 14, 15, 89/1998 s. 4(1)–(3), 38/2000 s. 13, repealed by No. 69/2000 s. 15.\n\nPt 14 (Headings and ss 183–197) inserted by No. 56/1995 s. 37 (as amended by No 79/1995 ss 28, 29).\n\n","sortOrder":138},{"sectionNumber":"Part 14","sectionType":"part","heading":"Latrobe Valley land","content":"Part 14—Latrobe Valley land\n\nPt 14 Div. 1AA (Heading and s. 183AA) inserted by No. 11/2024 s. 68.\n\nS. 183AA inserted by No. 11/2024 s. 68.\n\n\t183AA Definition\n\nS. 183  \n\n","sortOrder":139},{"sectionNumber":"183","sectionType":"section","heading":"Surrender of land to Crown","content":"\t183 Surrender of land to Crown\n\n(a) the whole of the land described in the folios of the Register set out in Table A of Part 1 of Schedule 3A and the whole of the land described in the former certificates of title set out in Table B of Part 1 of Schedule 3A—\n\n(i) is divested from Generation Victoria, SEC, Yallourn Energy Limited A.C.N. 065 325 224 and Hazelwood Power Corporation Limited A.C.N. 065 381 204; and\n\n(iii) subject to section 184, is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the folios of the Register set out in Table A of Part 1 of Schedule 3A and the folio of the Register describing the land formerly contained in Certificate of Title Volume 9819 folio 592 are revoked.\n\nS. 184  \ninserted by No. 56/1995 s. 37 (as amended by No. 79/1995 s. 28).\n\n","sortOrder":140},{"sectionNumber":"184","sectionType":"section","heading":"Preservation of leases","content":"\t184 Preservation of leases\n\n(1) In this section ***lease*** includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and ***sub-lease*** has a corresponding meaning.\n\n(2) Section 183 does not affect the status or continuity of any lease of land specified in Part 2 of Schedule 3A and existing immediately before the commencement of section 37 of the **Electricity Industry (Amendment) Act 1995** and that lease has effect—\n\n(a) as a lease between the Minister administering the **Land Act 1958** as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and\n\n(3) Section 183 does not affect the status or continuity of any sub-lease existing over the land affected by a lease specified in Part 2 of Schedule 3A at the date of commencement of section 37 of the **Electricity Industry (Amendment) Act 1995**.\n\n(4) Subject to subsection (5), the issue of a Crown grant of any land affected by a lease specified in Part 2 of Schedule 3A and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant—\n\n(a) as a lease between the person to whom the Crown grant is made as lessor and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and\n\n(5) If more than one Crown grant is issued of any land affected by a lease specified in Part 2 of Schedule 3A and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grants—\n\n(a) as a lease between the persons to whom the respective Crown grants are made as joint lessors and the lessee for the time being under the lease, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and\n\n(b) as if the lease referred to the persons to whom the respective Crown grants are made instead of to the lessor (however described).\n\n(6) The issue of a Crown grant in respect of any land affected by a lease specified in Part 2 of Schedule 3A does not affect the status or continuity of any sub-lease existing over that land at the time of the issue of the Crown grant in respect of that land.\n\n(8) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.\n\nS. 185  \ninserted by No. 56/1995 s. 37, repealed by No. 11/2024 s. 69.\n\nS. 186  \n\n","sortOrder":141},{"sectionNumber":"186","sectionType":"section","heading":"PTC land to be surrendered","content":"\t186 PTC land to be surrendered\n\n(a) the lands remaining in folios of the Register Volume 8099 folio 786 and Volume 8456 folio 416—\n\n(i) are divested from the Public Transport Corporation; and\n\n(ii) revert to the Crown; and\n\n(iii) are deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) folios of the Register Volume 8099 folio 786 and Volume 8456 folio 416 are revoked.\n\nS. 187  \n\n","sortOrder":142},{"sectionNumber":"187","sectionType":"section","heading":"Certain residual lands to be surrendered to the Crown","content":"\t187 Certain residual lands to be surrendered to the Crown\n\n(1) By force of this section—\n\n(a) the lands remaining in folios of the Register Volume 6650 folio 968, Volume 7241 folio 102 and Volume 7128 folio 520—\n\n(i) are deemed to be surrendered to the Crown; and\n\n(ii) are deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(iii) cease to be roads and parts of roads and, in addition to the provisions of subparagraph (ii), all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease; and\n\n(b) folios of the Register Volume 6650 folio 968, Volume 7241 folio 102 and Volume 7128 folio 520 are revoked.\n\n(2) Yallourn Energy Limited A.C.N. 065 325 224 is liable to pay compensation for any loss or damage suffered as a result of the surrender of land to the Crown under subsection (1) to any person who immediately before the commencement of section 37 of the **Electricity Industry (Amendment) Act 1995** was the registered proprietor of the land.\n\n(3) The amount of compensation payable to a person under subsection (2) shall be—\n\n(a) the amount agreed between Yallourn Energy Limited A.C.N. 065 325 224 and the person; or\n\n(b) if agreement is not reached, the amount determined as if the amount of compensation payable were a disputed claim under Part 10 of the **Land Acquisition and Compensation Act 1986**.\n\nDivision 2—Revocation of reservations and closure of roads\n\nS. 188  \n\n","sortOrder":143},{"sectionNumber":"188","sectionType":"section","heading":"Revocation of reservations—Morwell West land","content":"\t188 Revocation of reservations—Morwell West land\n\n(1) The Order in Council specified in item 1 of Part 3 of Schedule 3A is revoked.\n\n(2) The Order in Council specified in item 2 of Part 3 of Schedule 3A is revoked.\n\n(3) The Order in Council specified in item 3 of Part 3 of Schedule 3A is revoked.\n\nS. 189  \n\n","sortOrder":144},{"sectionNumber":"189","sectionType":"section","heading":"Revocation of reservations—Hernes Oak land","content":"\t189 Revocation of reservations—Hernes Oak land\n\n(1) The Order in Council specified in item 4 of Part 3 of Schedule 3A is revoked.\n\n(2) The Order in Council specified in item 5 of Part 3 of Schedule 3A is revoked.\n\nS. 190  \n\n","sortOrder":145},{"sectionNumber":"190","sectionType":"section","heading":"Revocation of reservation—La Trobe river","content":"\t190 Revocation of reservation—La Trobe river\n\nThe Order in Council specified in item 6 of Part 3 of Schedule 3A, insofar as it applies to the land delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95–69, is revoked.\n\nS. 191  \n\n","sortOrder":146},{"sectionNumber":"191","sectionType":"section","heading":"Revocation of reservation—Morwell river","content":"\t191 Revocation of reservation—Morwell river\n\nThe Order in Council specified in item 7 of Part 3 of Schedule 3A, insofar as it applies to the land delineated and coloured light green on the plans lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95–69 and LEGL/95–71, is revoked.\n\nS. 192  \n\n","sortOrder":147},{"sectionNumber":"192","sectionType":"section","heading":"Consequences of revoking a reservation","content":"\t192 Consequences of revoking a reservation\n\nOn the revocation by this Division of an Order in Council reserving land—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests;\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 193  \n\n","sortOrder":148},{"sectionNumber":"193","sectionType":"section","heading":"Rights to cease","content":"\t193 Rights to cease\n\nThe lands delineated and coloured blue on the plans lodged in the Central Plan Office of Department of Treasury and Finance and numbered LEGL/95–69 and LEGL/95–70 cease to be roads or parts of roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease.\n\nS. 194  \n\n","sortOrder":149},{"sectionNumber":"194","sectionType":"section","heading":"Powers to lease in relation to certain Latrobe River land","content":"\t194 Powers to lease in relation to certain Latrobe River land\n\n(1) Despite anything to the contrary in section 17D of the **Crown Land (Reserves) Act 1978**, a lease may be granted under that section in respect of any part of the Latrobe River land for a period of up to 50 years for such purposes as the Minister administering that Act determines.\n\n(2) Nothing in the **Crown Land (Reserves) Act 1978** prevents a lessee of any part of the Latrobe River land from sub-letting that land provided the consent of the Minister administering that Act is first obtained.\n\n(3) In this section ***Latrobe River land*** means—\n\n(a) the bed and banks of the Latrobe River from the point 50 metres upstream of the centre of the Yallourn Storage Dam to the confluence of the Latrobe River and Andersons Creek, Yallourn; and\n\n(b) any area of reserved Crown land on either side of the banks of that section of the Latrobe River whether reserved before or after the commencement of section 37 of the **Electricity Industry (Amendment) Act 1995**.\n\nS. 195  \ninserted by No. 56/1995 s. 37 (as amended by No. 79/1995 s. 29), amended by No. 11/2024 s. 70.\n\n","sortOrder":150},{"sectionNumber":"195","sectionType":"section","heading":"Issue of Crown grant","content":"\t195 Issue of Crown grant\n\n(1) The Governor in Council, on behalf of the Crown, may grant to Yallourn Energy Limited A.C.N. 065 325 224 or Hazelwood Power Corporation Limited A.C.N. 065 381 204 for an estate in fee simple—\n\n(2) A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.\n\n(3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey.\n\n(4) A Crown grant under this section may provide for the land to be granted as to the surface and down to a depth specified in the grant being a depth below the surface of not more than 300 metres.\n\nS. 196  \n\n","sortOrder":151},{"sectionNumber":"196","sectionType":"section","heading":"Registrar-General and Registrar of Titles to make necessary amendments to records","content":"\t196 Registrar-General and Registrar of Titles to make necessary amendments to records\n\nS. 196(1) repealed by No. 85/1998 s. 24(Sch. item 20.8).\n\n(2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nS. 197  \n\n","sortOrder":152},{"sectionNumber":"197","sectionType":"section","heading":"Exemption from stamp duty and other taxes","content":"\t197 Exemption from stamp duty and other taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.\n\nPt 15 (Headings and ss 198–206) inserted by No. 79/1995 s. 18.\n\n","sortOrder":153},{"sectionNumber":"Part 15","sectionType":"part","heading":"Loy Yang land","content":"Part 15—Loy Yang land\n\nPt 15 Div. 1AA (Heading and s. 198AA) inserted by No. 11/2024 s. 71.\n\nS. 198AA inserted by No. 11/2024 s. 71.\n\n\t198AA Definition\n\nS. 198  \n\n","sortOrder":154},{"sectionNumber":"198","sectionType":"section","heading":"Surrender of land to Crown","content":"\t198 Surrender of land to Crown\n\n(a) the whole of the land described in the folios of the Register set out in Table A of Part 1 of Schedule 3B and the whole of the land described in the former certificates of title set out in Table B of Part 1 of Schedule 3B—\n\n(i) is divested from Generation Victoria, SEC and Loy Yang Power Limited A.C.N. 065 381 240; and\n\n(iii) subject to sections 199 and 200, is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the folios of the Register set out in Table A of Part 1 of Schedule 3B are revoked.\n\nS. 199  \n\n","sortOrder":155},{"sectionNumber":"199","sectionType":"section","heading":"Preservation of leases","content":"\t199 Preservation of leases\n\n(1) In this section ***lease*** includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and ***sub-lease*** has a corresponding meaning.\n\n(2) Section 198 does not affect the status or continuity of any lease of land specified in Part 2 of Schedule 3B and existing immediately before the commencement of section 18 of the **Electricity Industry (Further Amendment) Act 1995** and that lease has effect—\n\n(a) as a lease between the Minister administering the **Land Act 1958** as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and\n\n(3) Section 198 does not affect the status or continuity of any sub-lease existing over the land affected by a lease specified in Part 2 of Schedule 3B at the date of commencement of section 18 of the **Electricity Industry (Further Amendment) Act 1995**.\n\n(4) Subject to subsection (5), the issue of a Crown grant of any land affected by a lease specified in Part 2 of Schedule 3B and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant—\n\n(a) as a lease between the person to whom the Crown grant is made as lessor and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and\n\n(5) If more than one Crown grant is issued of any land affected by a lease specified in Part 2 of Schedule 3B and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grants—\n\n(a) as a lease between the persons to whom the respective Crown grants are made as joint lessors and the lessee for the time being under the lease, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and\n\n(b) as if the lease referred to the persons to whom the respective Crown grants are made instead of to the lessor (however described).\n\n(6) The issue of a Crown grant in respect of any land affected by a lease specified in Part 2 of Schedule 3B does not affect the status or continuity of any sub-lease existing over that land at the time of the issue of the Crown grant in respect of that land.\n\n(8) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.\n\nS. 200  \n\n","sortOrder":156},{"sectionNumber":"200","sectionType":"section","heading":"Certain interests not affected by surrender and grant of land","content":"\t200 Certain interests not affected by surrender and grant of land\n\n(1) Section 198 does not affect the status or continuity of any easement or restrictive covenant granted or given under or pursuant to an agreement referred to in Part 3 of Schedule 3B and existing immediately before the commencement of section 18 of the **Electricity Industry (Further Amendment) Act 1995** and for that purpose the easement or restrictive covenant is deemed to have been granted or given by the Minister administering the **Land Act 1958**.\n\n(2) The issue of a Crown grant of any land affected by any easement or restrictive covenant granted or given under an agreement referred to in Part 3 of Schedule 3B and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of that easement or restrictive covenant and for that purpose the easement or restrictive covenant is deemed to have been granted or given by the Crown grantee of the land.\n\n(3) A caveat in the same terms and to the same effect as a caveat referred to in Part 3 of Schedule 3B in respect of land is deemed to have been relodged under the **Transfer of Land Act 1958** immediately after a Crown grant of that land is issued under this Part.\n\n(4) On being notified of the issue of a Crown grant of land over which a caveat is deemed under subsection (3) to be relodged, the Registrar of Titles must make any recordings in the Register under the **Transfer of Land Act 1958** that are necessary to give particulars of that caveat in respect of that land.\n\n(5) This section has effect despite anything to the contrary in the **Transfer of Land Act 1958** or any other Act or law or in a Crown grant of the land.\n\n(6) Nothing in this section makes the Crown a party to any agreement referred to in Part 3 of Schedule 3B or affects the status or operation of that agreement.\n\n(7) Nothing effected by this section or done under this section—\n\n(a) is to be regarded as placing the Crown or another person in breach of contract or confidence or as otherwise making either of them guilty of a civil wrong;\n\n(b) is to be regarded as placing either of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or\n\n(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or\n\nS. 201  \n\n","sortOrder":157},{"sectionNumber":"201","sectionType":"section","heading":"La Trobe Shire Council land to be surrendered","content":"\t201 La Trobe Shire Council land to be surrendered\n\n(a) the whole of the land described in folio of the Register Volume 5677 folio 326—\n\n(i) is divested from La Trobe Shire Council; and\n\n(iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) folio of the Register Volume 5677 folio 326 is revoked.\n\nDivision 2—Revocation of reservation and closure of roads\n\nS. 202  \n\n","sortOrder":158},{"sectionNumber":"202","sectionType":"section","heading":"Revocation of reservation—mechanics institute","content":"\t202 Revocation of reservation—mechanics institute\n\n(1) The Order in Council specified in Part 4 of Schedule 3B is revoked.\n\n(2) Crown grant Volume 3421 folio 119 is revoked.\n\n(3) On the revocation by this section of an Order in Council reserving land—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests;\n\n(b) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 203  \n\n","sortOrder":159},{"sectionNumber":"203","sectionType":"section","heading":"Rights in roads to cease","content":"\t203 Rights in roads to cease\n\nThe lands delineated and coloured blue on the plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95–85 cease to be roads or parts of roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease.\n\nS. 204  \n\n","sortOrder":160},{"sectionNumber":"204","sectionType":"section","heading":"Issue of Crown grant","content":"\t204 Issue of Crown grant\n\nS. 204(1) amended by No. 11/2024 s. 72.\n\n(1) The Governor in Council, on behalf of the Crown, may grant to Loy Yang Power Limited A.C.N. 065 381 240 for an estate in fee simple—\n\n(2) A Crown grant under this section—\n\n(a) is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine; and\n\n(b) may provide for the land to be granted as to the surface and down to a depth specified in the grant being a depth below the surface of not more than 300 metres.\n\n(3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey.\n\nS. 205  \n\n","sortOrder":161},{"sectionNumber":"205","sectionType":"section","heading":"Registrar-General and Registrar of Titles to make necessary amendments to records","content":"\t205 Registrar-General and Registrar of Titles to make necessary amendments to records\n\nS. 205(1) repealed by No. 85/1998 s. 24(Sch. item 20.9).\n\n(2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nS. 206  \n\n","sortOrder":162},{"sectionNumber":"206","sectionType":"section","heading":"Exemption from stamp duty and other taxes","content":"\t206 Exemption from stamp duty and other taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.\n\nPt 16 (Headings and ss 207–218) inserted by No. 79/1995 s. 19.\n\n","sortOrder":163},{"sectionNumber":"Part 16","sectionType":"part","heading":"Hazelwood land","content":"Part 16—Hazelwood land\n\nPt 16 Div. 1AA (Heading and s. 207AA) inserted by No. 11/2024 s. 73.\n\nS. 207AA inserted by No. 11/2024 s. 73.\n\n\t207AA Definition\n\nS. 207  \n\n","sortOrder":164},{"sectionNumber":"207","sectionType":"section","heading":"Surrender of land to Crown","content":"\t207 Surrender of land to Crown\n\n(a) the whole of the land described in the folios of the Register set out in Table A of Part 1 of Schedule 3C and the whole of the land described in the former certificates of title set out in Table B of Part 1 of Schedule 3C—\n\n(i) is divested from Generation Victoria, SEC, Hazelwood Power Corporation Limited A.C.N. 065 381 204, Powerworks Pty Ltd A.C.N. 065 325 466 and the Central Gippsland Region Water Authority; and\n\nS. 207(a)(iii) amended by No. 11/2024 s. 74.\n\n(iii) subject to sections 208, 209 as in force immediately before the commencement of section 75 of the **State Electricity Commission Amendment Act 2024** and 210, is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the folios of the Register set out in Table A of Part 1 of Schedule 3C are revoked.\n\nS. 208  \n\n","sortOrder":165},{"sectionNumber":"208","sectionType":"section","heading":"Preservation of leases","content":"\t208 Preservation of leases\n\n(1) In this section ***lease*** includes an agreement, licence or other interest arising under or in relation to a lease whether or not the lease has expired and an interest in the nature of a lease and ***sub-lease*** has a corresponding meaning.\n\n(2) Section 207 does not affect the status or continuity of any lease of land specified in Part 2 of Schedule 3C and existing immediately before the commencement of section 19 of the **Electricity Industry (Further Amendment) Act 1995** and that lease has effect—\n\n(a) as a lease between the Minister administering the **Land Act 1958** as lessor and the lessee for the time being under the lease, as if it had been assigned to the Minister; and\n\n(3) Section 207 does not affect the status or continuity of any sub-lease existing over the land affected by a lease specified in Part 2 of Schedule 3C at the date of commencement of section 19 of the **Electricity Industry (Further Amendment) Act 1995**.\n\n(4) Subject to subsection (5), the issue of a Crown grant of any land affected by a lease specified in Part 2 of Schedule 3C and existing immediately before the date of issue of the Crown grant does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grant—\n\n(a) as a lease between the person to whom the Crown grant is made as lessor and the lessee for the time being under the lease, as if it had been assigned to the person to whom the Crown grant is made; and\n\n(5) If more than one Crown grant is issued of any land affected by a lease specified in Part 2 of Schedule 3C and existing immediately before the date of issue of the Crown grants, the issue of the Crown grants does not affect the status or continuity of the lease of that land and that lease has effect on and from the issue of the Crown grants—\n\n(a) as a lease between the persons to whom the respective Crown grants are made as joint lessors and the lessee for the time being under the lease, as if it had been assigned jointly to the persons to whom the respective Crown grants are made; and\n\n(b) as if the lease referred to the persons to whom the respective Crown grants are made instead of to the lessor (however described).\n\n(6) The issue of a Crown grant in respect of any land affected by a lease specified in Part 2 of Schedule 3C does not affect the status or continuity of any sub-lease existing over that land at the time of the issue of the Crown grant in respect of that land.\n\n(8) Nothing effected by this section is to be regarded as placing any person in breach of or as constituting a default under any provision of a lease, including any provision prohibiting, restricting or regulating the assignment of the lease.\n\nS. 209  \ninserted by No. 79/1995 s. 19, repealed by No. 11/2024 s. 75.\n\nS. 209A inserted by No. 69/2000 s. 16.\n\n","sortOrder":166},{"sectionNumber":"209A","sectionType":"section","heading":"Preservation of appurtenant National Electricity easements","content":"\t209A Preservation of appurtenant National Electricity easements\n\n(1) Any easement vested in National Electricity immediately before 14 December 1995 which is expressed in any instrument to be appurtenant to the land described in folio of the Register Volume 8053 folio 479 is deemed to be an easement vested in National Electricity and appurtenant to the lands vested in National Electricity for the time being and from time to time and to every part thereof.\n\n(2) Subsection (1) applies—\n\n(a) despite anything to the contrary in any instrument; and\n\n(b) despite the surrender to the Crown under section 207 of the land described in former certificate of title Volume 8053 folio 479 and certificate of title Volume 8274 folio 867.\n\nS. 210  \n\n","sortOrder":167},{"sectionNumber":"210","sectionType":"section","heading":"Preservation of other easements","content":"\t210 Preservation of other easements\n\n(1) The surrender under section 207 of—\n\n(a) the land in folio of the Register Volume 8274 folio 748, does not affect the status or continuity of the drainage and sewerage easements coloured green on plan of subdivision LP 56904 lodged in the Office of Titles; and\n\n(b) the land in folio of the Register Volume 8274 folio 867, does not affect the status or continuity of the drainage easement coloured green on plan of subdivision LP 56794 lodged in the Office of Titles—\n\nand those easements have effect as if granted by the Minister administering the **Land Act 1958**.\n\n(2) A Crown grant of any land affected by an easement referred to in subsection (1) must be granted subject to the creation of an easement to the same effect as the first-mentioned easement.\n\n(3) This section has effect despite anything to the contrary in any Act or law or in a Crown grant of the land.\n\nS. 211  \n\n","sortOrder":168},{"sectionNumber":"211","sectionType":"section","heading":"Gippsland Water land to be surrendered","content":"\t211 Gippsland Water land to be surrendered\n\n(a) the whole of the land described in folio of the Register Volume 6493 folio 569—\n\n(i) is divested from Central Gippsland Region Water Authority; and\n\n(iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) folio of the Register Volume 6493 folio 569 is revoked.\n\nS. 212  \n\n","sortOrder":169},{"sectionNumber":"212","sectionType":"section","heading":"La Trobe Shire Council land to be surrendered","content":"\t212 La Trobe Shire Council land to be surrendered\n\n(a) the whole of the land  described in folio of the Register Volume 6101 folio 127—\n\n(i) is divested from La Trobe Shire Council; and\n\n(iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) folio of the Register Volume 6101 folio 127 is revoked.\n\nS. 213  \n\n","sortOrder":170},{"sectionNumber":"213","sectionType":"section","heading":"Roads Corporation land to be surrendered","content":"\t213 Roads Corporation land to be surrendered\n\n(1) By force of this section—\n\n(a) the whole of the land described in Part 3 of Schedule 3C—\n\n(i) is divested from the Roads Corporation; and\n\n(iii) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and\n\n(b) the folios of the Register set out in Part 3 of Schedule 3C are revoked.\n\n(2) By force of this section the whole of the land described in subsection (3)—\n\n(a) is divested from the Roads Corporation; and\n\n(b) reverts to the Crown; and\n\n(c) is deemed to be unalienated Crown land freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.\n\n(3) Subsection (2) applies to—\n\n(a) the land described in the Second Schedule to the resolution of the Country Roads Board made under sections 21 and 58 of the **Country Roads Act 1928** on 24 May 1954 in respect of the Jeeralang West-Road in the Shire of Morwell and confirmed by the Governor in Council on 1 June 1954 and published in the Government Gazette on 9 June 1954, page 3878 as amended by Order in Council dated 21 September 1954 published in the Government Gazette on 29 September 1954 page 6411; and\n\n(b) the lands shown cross-hatched on plans numbered G.P. 13736, G.P. 13737A, and G.P. 13737B in the Resolution of the Country Roads Board made under sections 21, 58 and 74 of the **Country Roads Act 1958** on 8 December 1975 and published in the Government Gazette on 7 January 1976 pages 17 and 18; and\n\n(c) the land shown cross-hatched on plan numbered G.P. 13737C in the Resolution of the Country Roads Board made under sections 21, 58 and 110 of the **Country Roads Act 1958** on 8 December 1975 and published in the Government Gazette on 7 January 1976 pages 19 and 20.\n\nDivision 2—Revocation of reservation and closure of roads\n\nS. 214  \n\n","sortOrder":171},{"sectionNumber":"214","sectionType":"section","heading":"Revocation of river reservation","content":"\t214 Revocation of river reservation\n\n(1) The Order in Council specified in Part 4 of Schedule 3C, insofar as it applies to the land delineated and coloured light green on the plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95–84 is revoked.\n\n(2) On the revocation by this section of an Order in Council reserving land—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests;\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 215  \n\n","sortOrder":172},{"sectionNumber":"215","sectionType":"section","heading":"Rights in roads to cease","content":"\t215 Rights in roads to cease\n\nThe lands delineated and coloured blue on the plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL./95–84 cease to be roads or parts of roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease.\n\nS. 216  \n\n","sortOrder":173},{"sectionNumber":"216","sectionType":"section","heading":"Issue of Crown grant","content":"\t216 Issue of Crown grant\n\nS. 216(1) amended by No. 11/2024 s. 76.\n\n(1) The Governor in Council, on behalf of the Crown, may grant to Generation Victoria, Hazelwood Power Corporation Limited A.C.N. 065 381 204, Powerworks Pty Ltd A.C.N. 065 325 466 or the Central Gippsland Region Water Authority for an estate in fee simple—\n\n(2) A Crown grant under this section—\n\n(a) is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine; and\n\n(b) may provide for the land to be granted as to the surface and down to a depth specified in the grant being a depth below the surface of not more than 300 metres.\n\n(3) A Crown grant under this section may make any adjustments necessary to correct any defect in boundaries found on survey.\n\nS. 217  \n\n","sortOrder":174},{"sectionNumber":"217","sectionType":"section","heading":"Registrar-General and Registrar of Titles to make necessary amendments to records","content":"\t217 Registrar-General and Registrar of Titles to make necessary amendments to records\n\nS. 217(1) repealed by No. 85/1998 s. 24(Sch. item 20.10).\n\n(2) The Registrar of Titles, on being requested to do so, must make any amendments to the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of any provision of this Part.\n\nS. 218  \n\n","sortOrder":175},{"sectionNumber":"218","sectionType":"section","heading":"Exemption from stamp duty and other taxes","content":"\t218 Exemption from stamp duty and other taxes\n\nNo stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part.\n\nPt 17 (Heading and ss 219–222) inserted by No. 35/1997 s. 16.\n\n","sortOrder":176},{"sectionNumber":"Part 17","sectionType":"part","heading":"Other land","content":"Part 17—Other land\n\nS. 219  \n\n","sortOrder":177},{"sectionNumber":"219","sectionType":"section","heading":"Revocation of river reservation—Goulburn River","content":"\t219 Revocation of river reservation—Goulburn River\n\nThe Order in Council specified in item 1 of Part 5 of Schedule 3C is revoked insofar as it applies to the land delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97–26.\n\nS. 220  \n\n","sortOrder":178},{"sectionNumber":"220","sectionType":"section","heading":"Revocation of river reservation—Mitta Mitta River","content":"\t220 Revocation of river reservation—Mitta Mitta River\n\nThe Order in Council specified in item 2 of Part 5 of Schedule 3C is revoked insofar as it applies to the land delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97–27.\n\nS. 221  \n\n","sortOrder":179},{"sectionNumber":"221","sectionType":"section","heading":"Consequences of revoking reservations","content":"\t221 Consequences of revoking reservations\n\nOn the revocation under this Part of an Order in Council reserving land—\n\n(a) the land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests;\n\n(c) any regulations made under section 13 of the **Crown Land (Reserves) Act 1978** are revoked to the extent that they apply to the land.\n\nS. 222  \n\n","sortOrder":180},{"sectionNumber":"222","sectionType":"section","heading":"Rights in roads to cease","content":"\t222 Rights in roads to cease\n\nThe land delineated and coloured blue on the plans lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97–26 and LEGL./97–27 cease to be roads and all rights, easements and privileges existing or claimed in the land either in the public or by any body or person as incident to any express or implied grant, or past dedication or supposed dedication or by user or operation of law or otherwise cease.\n\nS. 223 inserted by No. 69/2000 s. 17.\n\n","sortOrder":181},{"sectionNumber":"223","sectionType":"section","heading":"Certain rights deemed to be easements appurtenant to all lands of National Electricity","content":"\t223 Certain rights deemed to be easements appurtenant to all lands of National Electricity\n\nThe easements expressed in any instrument to be appurtenant to the land described in folio of the Register Volume 6017 Folio 307 are deemed to be easements vested in National Electricity and appurtenant to the lands vested in National Electricity for the time being and from time to time and to every part thereof despite the transfer of that land by Electricity Services Victoria on 22 March 1994 to—\n\n(a) Andreas Antonius Agterhuis;\n\n(b) Carol Joy Agterhuis;\n\n(c) Stephen Foster Smith;\n\n(d) Margaret Elizabeth Smith;\n\n(e) Kerry Mark Cunnington;\n\n(f) Ronald Jeffrey Francis James;\n\n(g) Ann James;\n\n(h) Jointmore Pty Ltd;\n\n(i) Josamit Holdings Pty Ltd.\n\nS. 224  \ninserted by No. 69/2000 s. 18.\n\n","sortOrder":182},{"sectionNumber":"224","sectionType":"section","heading":"Savings and transitional provisions","content":"\t224 Savings and transitional provisions\n\n","sortOrder":183},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"has effect.","content":"Schedule 4 has effect.\n\nSchedules\n\n","sortOrder":184},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Provisions applying to the electricity corporations","content":"Schedule 1—Provisions applying to the electricity corporations\n\nSch. 1 cl. 1 amended by No. 53/1994 ss 22(a)(b), 23(2)(a).\n\n\t1 Delegation\n\nAn electricity corporation may, by instrument under its official seal, delegate to—\n\n(a) a director; or\n\n(b) an officer of the corporation by name or the holder of an office within the corporation; or\n\n(c) the members of a committee established by the corporation; or\n\n(d) with the consent of the Minister, any other person—\n\nany power of the corporation, other than—\n\n(e) this power of delegation; and\n\n(f) any power to make by-laws; and\n\n(g) any power to set a tariff or make or levy rates; and\n\n(h) any other power that is prescribed for the purposes of this clause.\n\nSch. 1 cl. 2 amended by No. 53/1994 s. 22(c)(d).\n\n\t2 Board of directors\n\n(1) There shall be a board of directors of each electricity corporation consisting of not less than 3, and not more than 9, directors appointed in accordance with this Act.\n\n(2) A board—\n\n(a) is responsible for the management of the affairs of the electricity corporation; and\n\n(b) may exercise the powers of the electricity corporation.\n\n\t3 Constitution of board\n\nThe board of directors of an electricity corporation shall consist of—\n\n(a) a chairperson;\n\n(b) if there is a chief executive officer of the corporation, the chief executive officer;\n\n(c) subject to clause 2, such number of general directors as the Minister and Treasurer determine.\n\nSch. 1 cl. 4 amended by No. 53/1994 s. 22(f)(g).\n\n\t4 Appointment of directors\n\n(1) The chairperson and other directors of an electricity corporation, other than the chief executive officer, shall be appointed by the Governor in Council, having regard to the expertise necessary for the corporation, other than the chief executive officer, to achieve its objectives.\n\nSch. 1 cl. 4(2) amended by No. 46/1998  \ns. 7(Sch. 1), substituted by No. 108/2004 s. 117(1) (Sch. 3 item 63.2).\n\n(2) The **Public Administration Act 2004** (other than Part 5 of that Act) does not apply to a director of an electricity corporation in respect of the office of director.\n\n\t5 Terms and conditions of appointment\n\n(1) A director of an electricity corporation appointed under clause 4 shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.\n\n(2) A director of an electricity corporation appointed under clause 4 holds office, subject to this Act, on such terms and conditions as are determined by the Minister and Treasurer.\n\nSch. 1 cl. 5(3) repealed by No. 42/1995 s. 224(Sch. 2 item 13.3).\n\n\t6 Chief executive officer\n\n(1) The board of an electricity corporation may appoint a person approved by the Minister, after consultation with the Treasurer, as the chief executive officer of the corporation.\n\n(2) A chief executive officer holds office, subject to this Act, on a full-time basis and on such terms and conditions as are determined by the board and specified in the instrument of appointment.\n\n(3) The board of an electricity corporation may remove the chief executive officer from office.\n\n","sortOrder":185},{"sectionNumber":"7","sectionType":"section","heading":"Vacancies, resignations, removal from office","content":"\t7 Vacancies, resignations, removal from office\n\n(1) The office of a director of an electricity corporation appointed under clause 4 becomes vacant if the director—\n\n(a) without the board's approval, fails to attend 3 consecutive meetings of the board; or\n\nSch. 1 cl. 7(1)(b) repealed by No. 42/1995 s. 224(Sch. 2 item 13.3).\n\n(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or\n\n(d) is convicted of an indictable offence or an offence which, if committed in Victoria, would be an indictable offence.\n\n(2) A director appointed under clause 4 may resign by writing delivered to the Minister and the Treasurer.\n\n(3) The Governor in Council may remove a director appointed under clause 4, or all directors so appointed, from office.\n\n(4) If a director appointed under clause 4 of an electricity corporation—\n\n(a) is convicted of an offence relating to his or her duties as a director; or\n\n(b) fails, without reasonable excuse, to comply with clause 12—\n\nthe director must be removed from office by the Governor in Council.\n\n","sortOrder":186},{"sectionNumber":"8","sectionType":"section","heading":"Validity of decisions","content":"\t8 Validity of decisions\n\n(1) An act or decision of a board of an electricity corporation is not invalid merely because of—\n\n(a) a defect or irregularity in, or in connection with, the appointment of a director; or\n\n(b) a vacancy in the membership of the board, including a vacancy arising from the failure to appoint an original director.\n\n(2) Anything done by or in relation to a person purporting to act as chairperson or as a director is not invalid merely because—\n\n(a) the occasion for the appointment has not arisen; or\n\n(b) there was a defect or irregularity in relation to the appointment; or\n\n(c) the appointment had ceased to have effect; or\n\n(d) the occasion for the person to act had not arisen or had ceased.\n\n","sortOrder":187},{"sectionNumber":"9","sectionType":"section","heading":"Proceedings of a board","content":"\t9 Proceedings of a board\n\nSch. 1 cl. 9(1) amended by No. 53/1994 s. 23(2)(b).\n\n(1) Subject to subclause (2), meetings of a board of an electricity corporation shall be held at such times and places as the board determines.\n\n(2) The chairperson may at any time convene a meeting but must do so when requested by a director.\n\n(3) A majority of the directors for the time being constitutes a quorum of a board.\n\n(4) A question arising at a meeting shall be determined by a majority of votes of directors present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote.\n\n(5) A board must ensure that minutes are kept of each of its meetings.\n\n(6) Subject to this Act, a board may regulate its own proceedings.\n\nSch. 1 cl. 10 amended by No. 53/1994 s. 23(2)(c).\n\n","sortOrder":188},{"sectionNumber":"10","sectionType":"section","heading":"Resolutions without meetings","content":"\t10 Resolutions without meetings\n\n(1) If the directors of an electricity corporation for the time being (other than a director who is absent from Australia when the other directors sign) sign a document containing a statement that those directors are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors do not sign it on the same day, on the day on which the last director to sign signs the document.\n\n(2) If a resolution is, under subclause (1), taken to have been passed at a meeting of the board, each director must be advised as soon as practicable and given a copy of the terms of the resolution.\n\n(3) For the purposes of subclause (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more directors, shall be taken to constitute one document.\n\nSch. 1 cl. 11 repealed by No. 53/1994 s. 22(e).\n\nSch. 1 cl. 12 amended by No. 53/1994 s. 23(2)(d).\n\n","sortOrder":189},{"sectionNumber":"12","sectionType":"section","heading":"Disclosure of interests","content":"\t12 Disclosure of interests\n\n(1) If—\n\n(a) a director of an electricity corporation has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and\n\n(b) the interest could conflict with the proper performance of the director's duties in relation to the consideration of the matter—\n\nthe director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest at a meeting of the board.\n\n(2) A disclosure under subclause (1) must be recorded in the minutes of the meeting and, unless the Minister or the board otherwise determines, the director—\n\n(a) must not be present during any deliberation of the board in relation to the matter; and\n\n(b) must not take part in any decision of the board in relation to the matter.\n\n(3) For the purpose of the making of a determination by the board under subclause (2) in relation to a director who has made a disclosure under subclause (1), a director who has a direct or indirect pecuniary interest in the matter to which the disclosure relates—\n\n(a) must not be present during any deliberation of the board for the purpose of making the determination; and\n\n(b) must not take part in the making by the board of the determination.\n\n(4) Subclause (1) does not apply in relation to a matter relating to the supply of goods or services to the director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.\n\nSch. 2 amended by No. 10/1998  \ns. 10(1)(b), repealed by No. 69/2000 s. 19.\n\nSch. 3 amended by No. 11/2024 s. 77.\n\n","sortOrder":190},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Excluded property: agreements, contracts, documents and other property referred to","content":"Schedule 3—Excluded property: agreements, contracts, documents and other property referred to\n\n**Definition**\n\nPart A—Portland and Point Henry smelters\n\n| *Date* | *Agreement, contract or deed* |\n| 31 July 1984 | Portland Electricity Supply Agreement between SEC and Portland Smelter Services Pty Ltd. |\n| 31 July 1984 | Deed of Release between SEC and Alcoa of Australia Ltd. |\n| 31 January 1986 | Portland Electricity Supply Agreement Principals Agreement between SEC, CITIC Australia (Portland) Pty Ltd, Alcoa of Australia Ltd, Portland Smelter Services Pty Ltd, Permanent Trustee Company Ltd and Marubeni Aluminium Australia Pty Ltd and Aluvic Services Pty Ltd. |\n| 1 December 1986 | Portland Flexible Tariff Deed between SEC and State Trust Corporation of Victoria. |\n| 30 March 1989 | Portland Electricity Supply Agreement Operating Agreement between SEC and Portland Smelter Services Pty Ltd. |\n| 24 December 1992 | Electricity Payment Agreement between SEC, CITIC Australia (Portland) Pty Ltd and Portland Smelter Services Pty Ltd. |\n| 31 July 1984 | Point Henry Electricity Supply Agreement between SEC and Alcoa of Australia Ltd. |\n| 1 December 1986 | Point Henry Flexible Tariff Deed between SEC and State Trust Corporation of Victoria. |\n| 23 October 1991 | Automatic Reclosing Point Henry–Geelong Terminal Station Line Electricity Extension Works Contract between SEC and Alcoa of Australia Ltd. |\n| 31 July 1984 | Deed relating to Point Henry aluminium smelter between SEC, Alcoa of Australia Ltd and the Crown. |\n\nPart B—Loy Yang B\n\nDivision 1—Agreements, etc.\n\nAll:\n\n(a) contracts and deeds to which SEC (in this Part of this Schedule called \"the Commission\") is a party or of which it has the benefit.\n\n(b) guarantees and indemnities, mortgages, charges and other securities, undertakings, instruments, certificates, approvals, confirmations and notices given by a person in favour of the Commission or of which the Commission has the benefit; and\n\n(c) guarantees and indemnities, mortgages, charges and other securities, undertakings, instruments, certificates, approvals, confirmations and notices given by the Commission in favour of another person or persons,\n\nin relation to the Loy Yang B Power Station located at Loy Yang near Traralgon in Victoria (\"Loy Yang B Power Station\") or the Project (as defined in the **Loy Yang B Act 1992**) or any transaction in relation to the Loy Yang B Power Station or the Project, including, without limitation:\n\n*Sale of Assets*\n\n1. Sale of Assets Agreement dated 31 December 1992 between the Commission, Loy Yang B Power Station Pty Ltd (\"LYBCO\") and Mission Energy Australia Pty Ltd (\"MEA\") as managing partner of the Latrobe Power Partnership (as defined in this agreement) (\"LPP\").\n\n2. Vendor's Statement under Section 32 of the **Sale of Land Act 1962** given by the Commission in favour of LYBCO and MEA as managing partner of LPP.\n\n3. Agreement for Sale of Loy Yang B Power Station (in the course of construction) dated 30 June 1991 between the Commission and LYBCO (then called A.C.N. 052 530 551 Pty Ltd).\n\n4. Letters dated 5 June 1992, 9 July 1992 and 7 August 1992 from the Commission to LYBCO (and signed as \"Agreed\" on behalf of LYBCO) varying the Agreement for Sale of Loy Yang B Power Station (in the course of construction) dated 30 June 1991 between the Commission and LYBCO (then called A.C.N. 052 530 551 Pty Ltd).\n\n5. Agreement to Further Amend the Agreement for Sale of Loy Yang B Power Station dated 31 December 1992 between the Commission and LYBCO.\n\n6. Delayed Settlement Agreement dated 31 December 1992 between the Commission and MEA as managing partner of LPP.\n\n7. Delayed Settlement Agreement dated 31 December 1992 between the Commission and LYBCO.\n\n*Joint Venture*\n\n8. LYBCO Shareholder's Deed dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP.\n\n9. Guarantee and Indemnity dated 31 December 1992 between the Commission and MEA as managing partner of LPP.\n\n10. Mission Energy Company Undertaking dated 31 December 1992 given in favour of the Commission by Mission Energy Company (\"MEC\").\n\n11. Deed of Acknowledgment and Covenant dated 31 December 1992 between LYBCO, the Commission, Mission Energy Ventures Australia Pty Ltd (\"MEVA\"), Latrobe Power Pty Ltd (\"Latrobe\") and Traralgon Power Pty Ltd (\"Traralgon\").\n\n12. Clear Market Agreement contained in a letter dated 31 December 1992 from MEC and MEA (as managing partner of LPP) to the Commission and LYBCO (and signed as \"Accepted and agreed\" on behalf of the Commission and LYBCO).\n\n*Completion of Construction*\n\n13. Completion of Construction Agreement (\"CCA\") dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP.\n\n14. LPP CCA Deed Poll dated 31 December 1992 given by MEA, MEVA, Latrobe and Traralgon in favour of the Commission.\n\n15. LYBCO CCA Deed Poll dated 31 December 1992 given by LYBCO in favour of the Commission.\n\n16. Licence Agreement \"(Licence Agreement)\" dated 31 December 1992 between the Commission, LYBCO, MEA as managing partner of LPP and Mission Energy Management Australia Pty Ltd (\"MEMA\").\n\n17. Vendor's Statement under Section 32 of the **Sale of Land Act 1962** dated 31 December 1992 given by LYBCO in favour of the Commission.\n\n18. Vendor's Statement under Section 32 of the **Sale of Land Act 1962** dated 31 December 1992 given by MEA as managing partner of LPP in favour of the Commission.\n\n19. CCA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon.\n\n20. Mortgage dated 31 December 1992 given by MEA and LYBCO in favour of the Commission.\n\n*Power Supply*\n\n21. Letter dated 18 December 1992 from the Minister for Energy and Minerals to the Commission in relation to the proposed Power Supply Agreement.\n\n22. Power Supply Agreement dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP.\n\n23. LPP PSA Deed Poll dated 31 December 1992 given by MEA, MEVA, Latrobe and Traralgon in favour of the Commission.\n\n24. LYBCO PSA Deed Poll dated 31 December 1992 given by LYBCO in favour of the Commission.\n\n25. Delta Risk Charge Covenant, Guarantee and Indemnity dated 31 December 1992 between Loy Yang Holdings Pty Ltd, MEC and the Commission.\n\n26. Appointment—Keeper of the Models dated 30 September 1993 between the Commission, LYBCO, MEA (as managing partner of LPP) and William M. Mercer Pty Ltd.\n\n27. Confidentiality Deed of Undertaking (Models) (SECV) dated 31 December 1992 given by the Commission in favour of MEC.\n\n28. Vendor's Statement under Section 32 of the **Sale of Land Act 1962** dated 31 December 1992 given by LYBCO in favour of the Commission.\n\n29. Vendor's Statement under Section 32 of the **Sale of Land Act 1962** dated 31 December 1992 given by MEA as managing partner of LPP in favour of the Commission.\n\n30. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between Westpac Banking Corporation (\"Westpac\") and the Commission.\n\n31. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between Chemical Australia Limited (\"Chemical\") and the Commission.\n\n32. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between County NatWest Australia Limited (\"County NatWest\") and the Commission.\n\n33. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between Credit Lyonnais Australia Limited (\"Credit Lyonnais\") and the Commission.\n\n34. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between LTCB Australia Limited (\"LTCB\") and the Commission.\n\n35. Interest Rate and Currency Exchange Agreement dated 21 September 1992 between UBS Australia Limited (\"UBS\") and the Commission.\n\n36. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of Westpac.\n\n37. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of Chemical.\n\n38. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of County NatWest.\n\n39. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of Credit Lyonnais.\n\n40. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of LTCB.\n\n41. ISDA Execution Deed dated 3 December 1992 given by the Commission in favour of UBS.\n\n42. Swap Novation Deed dated 31 December 1992 between Westpac, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n43. Swap Novation Deed dated 31 December 1992 between Chemical, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n44. Swap Novation Deed dated 31 December 1992 between County NatWest, the Commission, NatWest Australia Bank Limited (\"NatWest Australia\"), MEA, MEVA, Latrobe and Traralgon.\n\n45. Swap Novation Deed dated 31 December 1992 between Credit Lyonnais, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n46. Swap Novation Deed dated 31 December 1992 between LTCB, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n47. Swap Novation Deed dated 31 December 1992 between UBS, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n48. Post Settlement Swap Novation Deed dated 31 December 1992 between Westpac, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n49. Post Settlement Swap Novation Deed dated 31 December 1992 between Chemical, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n50. Post Settlement Swap Novation Deed dated 31 December 1992 between County NatWest, the Commission, NatWest Australia, MEA, MEVA, Latrobe and Traralgon.\n\n51. Post Settlement Swap Novation Deed dated 31 December 1992 between Credit Lyonnais, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n52. Post Settlement Swap Novation Deed dated 31 December 1992 between LTCB, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n53. Post Settlement Swap Novation Deed dated 31 December 1992 between UBS, the Commission, MEA, MEVA, Latrobe and Traralgon.\n\n54. Letter dated 7 December 1992 from the Commission to Westpac, LYBCO and MEA (as managing partner of LPP) in relation to the swap rate influence on charges under the Power Supply Agreement (and signed as \"Confirmed\" on behalf of LYBCO and MEA, as managing partner of LPP).\n\n55. Letter dated 9 December 1992 from MEC to the Commission and Westpac in relation to the finalisation of Loy Yang B (and signed as \"Confirmed\" on behalf of the Commission and \"Accepted\" on behalf of Westpac and the other members of Mission Bank Group and County NatWest).\n\n56. Letter dated 9 December 1992 from MEA (as managing partner of LPP) to the Commission in relation to the entering into of certain swap transactions (and signed as \"Confirmed\" on behalf of the Commission and \"Accepted\" on behalf of Westpac and the other members of the Mission Bank Group and County NatWest).\n\n57. PSA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon.\n\n58. Mortgage dated 31 December 1992 given by MEA and LYBCO (as mortgagors) in favour of the Commission (as mortgagee).\n\n*Coal Supply*\n\n59. Coal Supply Agreement dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP.\n\n60. CSA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon.\n\n61. Mortgage dated 31 December 1992 given by MEA and LYBCO (as mortgagors) in favour of the Commission (as mortgagee).\n\n*Miscellaneous Services Agreement*\n\n62. Miscellaneous Services Agreement (\"MSA\") dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP.\n\n63. MSA Security dated 31 December 1992 between the Commission, LYBCO, MEA, MEVA, Latrobe and Traralgon.\n\n64. Mortgage dated 31 December 1992 given by MEA and LYBCO (as mortgagors) in favour of the Commission (as mortgagee).\n\n65. Caveat dated 31 December 1992 lodged by the Commission (as caveator) over land owned by LYBCO and MEA (being parts of the land in certificates of title volume 10092 folios 824, 825 and 826).\n\n*State Agreement*\n\n66. State Agreement dated 2 October 1992 between the State of Victoria (the \"State\"), the Commission, LYBCO, Victorian Power Station Investments Pty Ltd (\"VPSI\") and MEA (for and on behalf of LPP).\n\n67. Section 33 Agreement dated 31 December 1992 between the Commission and MEC.\n\n68. Deed of Waiver dated 31 December 1992 between VPSI, LYBCO, MEA, MEVA, Latrobe, Traralgon, the Commission and the State.\n\n69. Deed of Covenant dated 31 December 1992 between VPSI, LYBCO, MEA, MEVA, Latrobe, Traralgon, the Commission and the State.\n\n70. Deed of Assignment dated 31 December 1992 between VPSI, LYBCO, MEA, MEVA, Latrobe, Traralgon, the Commission and the State.\n\n*State Support*\n\n71. State Support Agreement dated 31 December 1992 between the State, MEA (as managing partner of LPP), LYBCO, each bank or financial institution named in Schedule 1 to that Agreement and Westpac (\"State Support Agreement\").\n\n72. State Agreement SECV Deed of Covenant dated 31 December 1992 between the Commission and the State.\n\n*Intercreditor*\n\n73. Intercreditor Agreement dated 31 December 1992 between MEA, MEVA, Latrobe, Traralgon, LYBCO, MEMA, the Commission, each of the financial institutions described in Schedule 1 to that agreement and Westpac (\"Intercreditor Agreement\").\n\n74. Custodian Deed dated 31 December 1992 between Westpac Custodian Nominees Limited, MEA, MEVA, Latrobe, Traralgon, LYBCO, MEMA, the Commission, each of the financial institutions described in the Schedule to that Deed and Westpac.\n\n*LYBCO*\n\n75. $A Facility Agreement (\"LYBCO Facility Agreement\") dated 31 December 1992 between LYBCO and the Commission and all Drawdown Notices given under that agreement.\n\n76. Two letters dated 31 December 1992 from the Commission to LYBCO acknowledging that certain amounts payable by LYBCO to the Commission have been satisfied by the application of drawings under the LYBCO Facility Agreement.\n\n77. Letter dated 31 December 1992 from the Commission to LPP in relation to the amendment of LYBCO's articles of association.\n\n78. Each deed under which a financial institution became a party to the State Support Agreement or the Intercreditor Agreement.\n\nother than any contract or deed under which goods or services are supplied to the Commission for the purposes of the Commission supplying Services (as defined in the MSA) to the Participants (as defined in the MSA) under the MSA.\n\nDivision 2—Other Contracts, etc.\n\n(a) All contracts and deeds to which the Commission is a party relating to the construction of the Loy Yang B Power Station including, without limitation, all \"Construction Contracts\" as defined in the CCA.\n\n(b) (i) All documents, reports, contracts and deeds included as the \"Dataroom Documents\" as defined in the Sale of Assets Agreement dated 31 December 1992 between the Commission, LYBCO and MEA as managing partner of LPP.\n\n(ii) All Computer Software as defined in the Licence Agreement.\n\n(iii) All Operational Information as defined in clause 30.1(a) of the CCA.\n\n(c) Those interest rate swap transactions relating to a Loy Yang B contract entered into by the Commission with Credit Suisse Financial Products (\"CSFB\") pursuant to an Interest Rate and Currency Exchange Agreement dated 30 October 1992 as more particularly described in letters from CSFB to the Commission dated:\n\n1. 9 December 1992;\n\n2. 9 December 1992;\n\n3. 17 December 1992;\n\n4. 30 December 1992;\n\n5. 12 February 1993; and\n\n6. 14 May 1993.\n\n(d) Those interest rate swap transactions relating to a Loy Yang B contract entered into by the Commission with State Bank of New South Wales Limited (\"SBNSW\") pursuant to an Interest Rate and Currency Exchange Agreement dated 27 May 1993 as more particularly described in letters from SBNSW to the Commission dated:\n\n1. 21 April 1993; and\n\n2. 6 July 1993.\n\n(e) That interest rate swap transaction relating to a Loy Yang B contract entered into by the Commission with UBS pursuant to an Interest Rate and Currency Exchange Agreement dated 17 January 1990 as more particularly described in a letter from UBS to the Commission dated 14 July 1993.\n\n(f) The Commission's shares in Loy Yang B Power Station Pty Ltd (including any shares in that company in which the Commission has a beneficial interest).\n\n(g) The right, title and interest of the Commission in the Loy Yang Open Cut (as defined in the Coal Supply Agreement referred to in item 59 of Division 1 of this Part of this Schedule).\n\n(h) The Joint Venture Agreement and the Operating and Maintenance Agreement referred to in the State Agreement within the meaning of the **Loy Yang B Act 1992**.\n\nSch. 3A inserted by No. 56/1995 s. 38 (as amended by No. 79/1995 s. 30(1)–(5)), amended by No. 11/2024 s. 78.\n\n","sortOrder":191},{"sectionNumber":"Sch 3A","sectionType":"schedule","heading":null,"content":"Schedule 3A\n\n**Folios of the Register**\n\n| **Volume** | **Folio** |\n| 2018 | 583 |\n| 2528 | 566 |\n| 2744 | 749 |\n| 2744 | 750 |\n| 2836 | 045 |\n| 3027 | 347 |\n| 3031 | 059 |\n| 3215 | 909 |\n| 4117 | 216 |\n| 4127 | 361 |\n| 4127 | 362 |\n| 5001 | 200 |\n| 5097 | 345 |\n| 5097 | 346 |\n| 5097 | 347 |\n| 5097 | 348 |\n| 5097 | 349 |\n| 5097 | 350 |\n| 5097 | 351 |\n| 5097 | 352 |\n| 5097 | 353 |\n| 5115 | 852 |\n| 5115 | 853 |\n| 5278 | 443 |\n| 5399 | 719 |\n| 5604 | 716 |\n| 5689 | 748 |\n| 5931 | 022 |\n| 5965 | 850 |\n| 6004 | 746 |\n| 6042 | 380 |\n| 6058 | 442 |\n| 6125 | 898 |\n| 6128 | 520 |\n| 6188 | 483 |\n| 6196 | 051 |\n| 6209 | 650 |\n| 6218 | 577 |\n| 6218 | 578 |\n| 6218 | 579 |\n| 6218 | 580 |\n| 6218 | 581 |\n| 6233 | 475 |\n| 6233 | 476 |\n| 6258 | 570 |\n| 6259 | 791 |\n| 6298 | 493 |\n| 6298 | 495 |\n| 6320 | 905 |\n| 6326 | 150 |\n| 6349 | 629 |\n| 6359 | 625 |\n| 6361 | 181 |\n| 6365 | 832 |\n| 6372 | 266 |\n| 6381 | 038 |\n| 6389 | 630 |\n| 6409 | 658 |\n| 6412 | 247 |\n| 6412 | 258 |\n| 6412 | 259 |\n| 6412 | 260 |\n| 6412 | 261 |\n| 6412 | 262 |\n| 6426 | 169 |\n| 6428 | 431 |\n| 6428 | 462 |\n| 6430 | 878 |\n| 6430 | 879 |\n| 6442 | 385 |\n| 6448 | 592 |\n| 6450 | 986 |\n| 6453 | 549 |\n| 6458 | 441 |\n| 6467 | 269 |\n| 6467 | 270 |\n| 6469 | 693 |\n| 6475 | 927 |\n| 6496 | 188 |\n| 6506 | 136 |\n| 6520 | 935 |\n| 6550 | 000 |\n| 6555 | 925 |\n| 6557 | 232 |\n| 6562 | 349 |\n| 6578 | 426 |\n| 6579 | 640 |\n| 6579 | 641 |\n| 6588 | 424 |\n| 6596 | 063 |\n| 6600 | 921 |\n| 6621 | 142 |\n| 6637 | 322 |\n| 6637 | 323 |\n| 6640 | 938 |\n| 6656 | 121 |\n| 6658 | 479 |\n| 6666 | 060 |\n| 6671 | 135 |\n| 6682 | 224 |\n| 6700 | 878 |\n| 6710 | 813 |\n| 6717 | 347 |\n| 6717 | 348 |\n| 6718 | 583 |\n| 6746 | 173 |\n| 6801 | 118 |\n| 6814 | 665 |\n| 6823 | 463 |\n| 6823 | 483 |\n| 6827 | 306 |\n| 6830 | 963 |\n| 6837 | 323 |\n| 6837 | 398 |\n| 6847 | 236 |\n| 6847 | 343 |\n| 6867 | 301 |\n| 6899 | 614 |\n| 6900 | 873 |\n| 6902 | 347 |\n| 6906 | 064 |\n| 6927 | 395 |\n| 6927 | 398 |\n| 6947 | 389 |\n| 6955 | 990 |\n| 6961 | 038 |\n| 7008 | 425 |\n| 7015 | 827 |\n| 7017 | 399 |\n| 7024 | 698 |\n| 7030 | 977 |\n| 7030 | 978 |\n| 7032 | 293 |\n| 7032 | 294 |\n| 7033 | 581 |\n| 7088 | 460 |\n| 7098 | 563 |\n| 7107 | 373 |\n| 7107 | 386 |\n| 7107 | 387 |\n| 7114 | 707 |\n| 7118 | 517 |\n| 7134 | 684 |\n| 7139 | 674 |\n| 7148 | 536 |\n| 7180 | 991 |\n| 7190 | 995 |\n| 7190 | 996 |\n| 7192 | 262 |\n| 7224 | 720 |\n| 7234 | 716 |\n| 7275 | 886 |\n| 7275 | 967 |\n| 7305 | 962 |\n| 7305 | 963 |\n| 7308 | 408 |\n| 7308 | 563 |\n| 7359 | 653 |\n| 7359 | 654 |\n| 7359 | 655 |\n| 7371 | 096 |\n| 7381 | 124 |\n| 7389 | 619 |\n| 7391 | 188 |\n| 7397 | 265 |\n| 7399 | 631 |\n| 7399 | 691 |\n| 7400 | 864 |\n| 7413 | 558 |\n| 7417 | 226 |\n| 7417 | 291 |\n| 7417 | 292 |\n| 7427 | 280 |\n| 7430 | 945 |\n| 7430 | 948 |\n| 7435 | 832 |\n| 7438 | 553 |\n| 7444 | 779 |\n| 7451 | 119 |\n| 7460 | 092 |\n| 7474 | 031 |\n| 7483 | 128 |\n| 7486 | 102 |\n| 7486 | 166 |\n| 7498 | 145 |\n| 7503 | 055 |\n| 7503 | 056 |\n| 7509 | 122 |\n| 7509 | 131 |\n| 7513 | 180 |\n| 7520 | 036 |\n| 7527 | 087 |\n| 7543 | 041 |\n| 7548 | 164 |\n| 7548 | 165 |\n| 7548 | 166 |\n| 7572 | 056 |\n| 7592 | 047 |\n| 7593 | 031 |\n| 7596 | 102 |\n| 7605 | 134 |\n| 7605 | 138 |\n| 7617 | 148 |\n| 7647 | 060 |\n| 7662 | 005 |\n| 7666 | 058 |\n| 7678 | 068 |\n| 7692 | 031 |\n| 7709 | 102 |\n| 7720 | 034 |\n| 7752 | 192 |\n| 7752 | 193 |\n| 7752 | 194 |\n| 7756 | 175 |\n| 7763 | 002 |\n| 7818 | 190 |\n| 7832 | 066 |\n| 7852 | 155 |\n| 7861 | 194 |\n| 7869 | 128 |\n| 7880 | 032 |\n| 7888 | 075 |\n| 7888 | 076 |\n| 7977 | 053 |\n| 7984 | 100 |\n| 8000 | 050 |\n| 8016 | 039 |\n| 8016 | 040 |\n| 8016 | 041 |\n| 8016 | 045 |\n| 8016 | 047 |\n| 8016 | 048 |\n| 8016 | 049 |\n| 8016 | 050 |\n| 8016 | 051 |\n| 8016 | 052 |\n| 8016 | 054 |\n| 8016 | 055 |\n| 8028 | 031 |\n| 8030 | 113 |\n| 8040 | 322 |\n| 8040 | 814 |\n| 8040 | 815 |\n| 8040 | 816 |\n| 8049 | 630 |\n| 8064 | 947 |\n| 8066 | 218 |\n| 8074 | 549 |\n| 8075 | 221 |\n| 8078 | 595 |\n| 8079 | 144 |\n| 8085 | 829 |\n| 8091 | 434 |\n| 8092 | 470 |\n| 8093 | 483 |\n| 8093 | 808 |\n| 8094 | 369 |\n| 8095 | 148 |\n| 8102 | 233 |\n| 8109 | 145 |\n| 8109 | 611 |\n| 8118 | 609 |\n| 8122 | 579 |\n| 8124 | 401 |\n| 8125 | 294 |\n| 8130 | 575 |\n| 8131 | 250 |\n| 8150 | 020 |\n| 8155 | 836 |\n| 8159 | 241 |\n| 8168 | 513 |\n| 8170 | 399 |\n| 8170 | 400 |\n| 8175 | 027 |\n| 8197 | 736 |\n| 8208 | 214 |\n| 8211 | 318 |\n| 8228 | 298 |\n| 8235 | 049 |\n| 8238 | 258 |\n| 8242 | 127 |\n| 8247 | 275 |\n| 8257 | 218 |\n| 8257 | 822 |\n| 8259 | 296 |\n| 8277 | 943 |\n| 8298 | 895 |\n| 8308 | 782 |\n| 8322 | 392 |\n| 8322 | 579 |\n| 8323 | 962 |\n| 8343 | 859 |\n| 8356 | 581 |\n| 8363 | 315 |\n| 8376 | 717 |\n| 8376 | 718 |\n| 8386 | 544 |\n| 8388 | 567 |\n| 8388 | 568 |\n| 8413 | 632 |\n| 8419 | 460 |\n| 8423 | 041 |\n| 8459 | 571 |\n| 8470 | 568 |\n| 8472 | 709 |\n| 8479 | 616 |\n| 8488 | 705 |\n| 8489 | 332 |\n| 8521 | 462 |\n| 8527 | 269 |\n| 8527 | 471 |\n| 8529 | 527 |\n| 8541 | 505 |\n| 8548 | 277 |\n| 8548 | 698 |\n| 8548 | 699 |\n| 8548 | 700 |\n| 8552 | 643 |\n| 8552 | 644 |\n| 8552 | 645 |\n| 8552 | 646 |\n| 8554 | 323 |\n| 8554 | 324 |\n| 8554 | 325 |\n| 8564 | 490 |\n| 8564 | 724 |\n| 8571 | 244 |\n| 8571 | 449 |\n| 8581 | 405 |\n| 8581 | 412 |\n| 8582 | 864 |\n| 8583 | 790 |\n| 8587 | 824 |\n| 8589 | 928 |\n| 8592 | 789 |\n| 8607 | 090 |\n| 8612 | 687 |\n| 8616 | 589 |\n| 8621 | 171 |\n| 8628 | 852 |\n| 8632 | 411 |\n| 8632 | 438 |\n| 8632 | 940 |\n| 8634 | 053 |\n| 8638 | 045 |\n| 8666 | 780 |\n| 8679 | 752 |\n| 8706 | 184 |\n| 8712 | 536 |\n| 8721 | 238 |\n| 8735 | 433 |\n| 8744 | 655 |\n| 8748 | 117 |\n| 8748 | 371 |\n| 8760 | 984 |\n| 8761 | 167 |\n| 8772 | 762 |\n| 8780 | 440 |\n| 8783 | 812 |\n| 8792 | 301 |\n| 8795 | 518 |\n| 8795 | 662 |\n| 8800 | 425 |\n| 8808 | 804 |\n| 8820 | 834 |\n| 8821 | 491 |\n| 8833 | 664 |\n| 8861 | 375 |\n| 8879 | 336 |\n| 8885 | 823 |\n| 8892 | 122 |\n| 8901 | 727 |\n| 8916 | 374 |\n| 8922 | 298 |\n| 8926 | 837 |\n| 8945 | 611 |\n| 8969 | 134 |\n| 8969 | 135 |\n| 8995 | 138 |\n| 9004 | 637 |\n| 9010 | 327 |\n| 9017 | 810 |\n| 9126 | 572 |\n| 9126 | 573 |\n| 9150 | 098 |\n| 9150 | 729 |\n| 9205 | 110 |\n| 9205 | 129 |\n| 9214 | 284 |\n| 9271 | 205 |\n| 9338 | 229 |\n| 9388 | 121 |\n| 9388 | 284 |\n| 9388 | 286 |\n| 9429 | 308 |\n| 9439 | 798 |\n| 9481 | 159 |\n| 9481 | 160 |\n| 9481 | 161 |\n| 9481 | 163 |\n| 9481 | 164 |\n| 9481 | 600 |\n| 9498 | 670 |\n| 9503 | 244 |\n| 9508 | 218 |\n| 9519 | 341 |\n| 9531 | 971 |\n| 9535 | 065 |\n| 9535 | 745 |\n| 9535 | 746 |\n| 9535 | 763 |\n| 9541 | 086 |\n| 9543 | 130 |\n| 9549 | 481 |\n| 9610 | 207 |\n| 9648 | 662 |\n| 9649 | 468 |\n| 9819 | 591 |\n| 10233 | 592 |\n\n| **Volume** | **Folio** |\n| 8581 | 406 |\n| 9538 | 820 |\n| 9538 | 821 |\n| 9538 | 822 |\n| 9538 | 823 |\n| 9538 | 824 |\n| 9300 | 092 |\n| 9138 | 440 |\n| 9524 | 665 |\n\nThe leased lands set out in this Table are shown generally delineated and hatched pink and designated by SEC lease number on plans numbered LEGL. 95/–74 and LEGL./95–118 lodged in the Central Plan Office of the Department of Treasury and Finance. If there is an inconsistency between the leased land described in a lease set out in this Table and that leased land as shown on the plans, the lease prevails.\n\n| **SEC Lease Number** | **Lessee** | **Street Address of Leased Land** | **Affected Titles   Volume Folio** |\n| A499 | J & C Read | Purvis Road & Howlett Road | 9388 286 |\n| A500 | Yallourn North Pony Club | Latrobe River Road | 9388 286 |\n| A572 | D McCasker | Tyers Road | 7527 087   8712 536   9543 130 |\n| A718 | JC & EM Bechaz | John Field Drive | 9150 098 |\n| A720 | DJ Handley | John Field Drive & Sullivans Track (cnr) | 9150 098 |\n| A724 | G & M Stewart | Moe–Yallourn Railway & Scout Track | 9150 098 |\n| A726 | N & M Green | Moe–Yallourn Railway | 9150 098 |\n| A728 | G & M Stewart | John Field Drive | 9150 098 |\n| A730 | N & M Green | Pettits Track & John Field Drive | 9150 098 |\n| A732 | G Robinson | Moe–Yallourn Railway | 9481 163 |\n| A734 | T Edwards | Pettits Track & John Field Drive | 9481 164 |\n| A742 | HM Rawson | Howlett Road, Hall Road & North Shore Road | 9388 284 |\n| A744 | BP Slavin | Latrobe River Road | 9388 286 |\n| A748 | HM Rawson | Howlett Road | 9388 286 |\n| A748A | L Foot | Howlett Road | 9388 286 |\n| A752 | JM Vilcins | Decampo Drive & John Field Drive (cnr) | 9481 164 |\n| A756 | M Baskett | Coach Road | 9150 098 |\n| A762 | B Chewe | Golf Links Road & John Field Drive (cnr) | 9150 098 |\n| A770 | GN & LA Brand | Haunted Hills Road, Bill Schultz Road & Coach Road | 9481 164 |\n| A771 | Moe Waterworks Trust | Coach Road | 9481 164 |\n| A772 | A & M Rosato | Coach Road | 9481 164 |\n| A776A | LG Beecroft | Haunted Hills Road & Decampo Drive | 9481 164 |\n| A783C | DC Darrington | Haunted Hills Road (Flat 3) | 8554 323 |\n| A784 | C & V Hogg | Haunted Hills Road | 9481 160   7486 166 |\n| A787 | C & V Hogg | Hill Street | 9649 468 |\n| A836A | Latrobe Valley Astro-nomical Society | Coach Road | 9481 159 |\n| A836B | J Rosato | Decampo Drive (Westbrook Gully Dump) | 9481 164 |\n| A840 | Latrobe Valley Pistol Club | Latrobe River Road | 9543 130 |\n| A842 | Shire of Narracan | Latrobe River Road | 9543 130 |\n| A865 | D McDonald | Maxwells and Morrisons Road | 8376 718 |\n| A883 | KL Baird | Maxwells and Morrisons Road | 6656 121   9535 065   9531 971   6718 583   6588 424   2744 750   2528 566   8376 718 |\n| A899 | M Lochki | Maxwells and Morrisons Road | 9508 218   9549 481   9338 229 |\n| A900 | Mrs N Maselli | Maxwells and Morrisons Road | 8150 020 |\n| A906 | KL Baird | Latrobe Road | 2528 566   2744 749   6588 424   9535 065   9535 745   9535 746 |\n| A906A | KL Baird | Maxwells and Morrisons Road | 2528 566   9535 065   6656 121   9819 591   2744 750   9531 971   8376 718   9541 086   9508 218   7763 002   9549 481   9338 229   10233 592 |\n| A915 | Cawcutt Pty Ltd | Latrobe Road and Old Tanjil East Road | 2528 566   6656 121   9535 065 |\n| A919 | Gippsland Car Club Inc | Latrobe Road | 8916 374 |\n| C049 | TP McMahon | Princes Freeway, Haunted Hills Road & Gippsland Railway | 9648 662 |\n| C052 | F Disisto | Princes Freeway and Gippsland Railway | 8242 127 |\n| C054 | WL Reid | Princes Freeway and Gippsland Railway | 8242 127 |\n| C056 | WL Reid | Princes Freeway and Blacks Track | 8242 127   8821 491   6578 426 |\n| C059 | J Di Ciero | McDonalds Track | N/A |\n| C060 | Morwell Field & Game Club | Witts Track & Varys Track | 8581 405   8242 127 |\n| C062 | A Battista | South Service Road & Vary Road | 8242 127 |\n| C064 | APM Forests Pty Ltd | Vary Road | 8242 127   8581 412 |\n| C068 | APM Forests Pty Ltd | Blacks Track & South Service Road (cnr) | 8242 127 |\n| C070 | R Brammall | Vary Road & Buckleys Track | 8242 127   8581 412 |\n| C074 | APM Forests Pty Ltd | Buckleys Track | 8242 127 |\n| C076 | APM Forests Pty Ltd | Buckleys Track | 8242 127 |\n| C080 | Amess Nominees P/L | Buckleys Track & Blacks Track (cnr) | 8242 127 |\n| C082 | A & M Rosato | Blacks Track & South Service Road (cnr) | 8242 127   8761 167 |\n| C084 | HK & VM Turner | Blacks Track | 8242 127 |\n| C090 | L Villella | Marretts Road & South Service Road (cnr) | 8242 127   8761 167 |\n| C096 | A & M Rosato | Blacks Track & Buckleys Track (cnr) | 8242 127 |\n| C098 | HK & VM Turner | Buckleys Track and Jensens Lane | 8242 127   8761 167 |\n| C133 | A & M Rosato | Varys Track | 8242 127 |\n\n| **SEC Lease Number** | **Lessee** | **Street Address of Leased Land** | **Affected Titles   Volume Folio** |\n| C171 | NW & IM Cameron | East Levee Road | 7417 291   7617 148   6947 389   6837 323   6372 266   6359 625   6298 493   6218 577   2018 583   5097 346   5097 345   6827 306   6233 475   7861 194 |\n| C172 | H Godridge | Old Melbourne Road | 8016 039 |\n| C176 | NW & IM Cameron | Open Cut Perimeter Road & Gippsland Railway | 6042 380   8821 491   4127 362   4127 361   6578 426   8242 127   4117 216   8583 790   9205 110   9205 129 |\n| C178 | F Jewkes | Princes Freeway & Jensons Lane | 6578 426   8821 491 |\n| C211 | Z Spehar | Latrobe Road & Old Melbourne Road (cnr) | 9271 205 |\n| C217 | A Moyes | Maxwells and Morrisons Road & Old Sale Road | 7148 536 |\n| C218 | RJ Hyland | Maxwells and Morrisons Road | 8040 322 |\n| C219 | Morwell Gun Club | Old Melbourne Road | 9503 244 |\n| F2453 | Commonwealth of Australia | Princes Freeway & Jensens Lane | 6578 426   8821 491 |\n| LV 1827 | Scout Association and Girl Guides Association | North Road | 8323 962 |\n\n| **SEC Lease Number** | **Lessee** | **Description of Lease** | **Affected Titles   Volume Folio** |\n| F6663 & F6680 | Skilled Engineering Ltd A.C.N. 005 585 811 | Central Workshops Yallourn | 5115 853 |\n| F6661 | NS Komatsu Pty Ltd A.C.N. 053 514 739 | Transport Workshops Yallourn | 5115 853 |\n| F6660 | Gardner Perrott A.C.N. 000 164 938 | Civil Services Depot (part) | 5097 352 |\n| F6657 | Deanmac Land Services Pty Ltd A.C.N. 062 799 731 | Civil Services Depot (part) | 9481 164   5115 853   5097 352 |\n| F6658 | Deanmac Emergency Services Pty Ltd A.C.N. 006 953 126 | Former Victorian Railways Buildings (Fire Training Centre) | 9481 164   5115 853   5097 352 |\n| F6667 | Vodaphone Pty Ltd   A.C.N. 056 161 045 | Telecommunications Base Station and Mobile Network | 9481 159 |\n\nPart 3—Land in respect of which reservations are revoked\n\n| **Item** | **Situation and area of land** | **Instrument and date of reservation** | **Description of land by reference to Government Gazette** | **Purpose of Reservation** | **Extent of revocation** |\n| 1. | Parish of Maryvale, County of    Buln Buln, 4⋅985 hectares | Order in Council dated 6 March    1939 | Government Gazette dated 8 March 1939, page 827 | Site for public recreation | The entire reserve |\n| 2. | Parish of Maryvale, County of    Buln Buln, 3⋅440 hectares more or less | Order in Council dated 13 December 1960 | Government Gazette dated 21 December 1960, page 4025 | Site for public recreation | The entire reserve |\n\n| **Item** | **Situation and area of land** | **Instrument and date of reservation** | **Description of land by reference to Government Gazette** | **Purpose of Reservation** | **Extent of revocation** |\n| 3. | Parish of Maryvale, County of    Buln Buln, 4⋅047 hectares | Order in Council dated 7 July 1890 | Government Gazette dated 11 July 1890, page 2789 | Site for supply of gravel | The entire reserve |\n| 4. | Parish of Narracan, County of    Buln Buln, 3⋅746 hectares being Crown Allotment 63A, Section A | Order in Council dated 18 October 1977 | Government Gazette dated 26 October 1977, page 3301 | Site for public recreation | The entire reserve |\n| 5. | Parish of Narracan, County of    Buln Buln, 2770 square metres, less an excision authorised by Order in Council dated 24 April 1951, being Crown Allotment 53, Section B | Order in Council dated 4 July 1939 | Government Gazette dated 5 July 1939, page 2511 | Site for a public hall | The remainder of the reserve |\n\n| **Item** | **Situation and area of land** | **Instrument and date of reservation** | **Description of land by reference to Government Gazette** | **Purpose of Reservation** | **Extent of revocation** |\n| 6. | Bed and 40⋅23 metres from each bank of the La Trobe river, less authorised excisions | Order in Council dated 23 May 1881 | Government Gazette dated 27 May 1881, page 1389 | Site for public purposes | That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95–69 |\n| 7. | Bed and 20⋅12 metres from each bank of the Morwell river | Order in Council dated 23 May 1881 | Government Gazette dated 27 May 1881, page 1389 | Site for public purposes | That part of the reserve delineated and coloured light green on the plans lodged in the Central Plan Office of the Department of Treasury and Finance and numbered LEGL/95–69 and LEGL/95–71. |\n\nSch. 3B inserted by No. 79/1995 s. 20, amended by No. 11/2024 s. 79.\n\n","sortOrder":192},{"sectionNumber":"Sch 3B","sectionType":"schedule","heading":"Loy Yang land","content":"Schedule 3B—Loy Yang land\n\n**Folio of the Register**\n\n| 2442 | 231 |  | 6664 | 729 |\n| 2694 | 681 |  | 7097 | 202 |\n| 2921 | 102 |  | 7271 | 006 |\n| 2921 | 103 |  | 7491 | 104 |\n| 2921 | 104 |  | 7605 | 103 |\n| 3067 | 204 |  | 7851 | 015 |\n| 3190 | 928 |  | 8055 | 357 |\n| 3190 | 929 |  | 8059 | 306 |\n| 3319 | 733 |  | 8076 | 143 |\n| 3568 | 508 |  | 8076 | 144 |\n| 3599 | 718 |  | 8130 | 409 |\n| 3977 | 273 |  | 8177 | 858 |\n| 3977 | 274 |  | 8194 | 231 |\n| 3989 | 704 |  | 8243 | 244 |\n| 4124 | 781 |  | 8254 | 566 |\n| 4200 | 841 |  | 8254 | 567 |\n| 4315 | 899 |  | 8254 | 568 |\n| 4393 | 583 |  | 8357 | 007 |\n| 4591 | 155 |  | 8388 | 148 |\n| 4719 | 732 |  | 8388 | 149 |\n| 4722 | 270 |  | 8396 | 618 |\n| 4798 | 524 |  | 8398 | 365 |\n| 4808 | 451 |  | 8453 | 890 |\n| 4831 | 115 |  | 8480 | 436 |\n| 5481 | 034 |  | 8532 | 768 |\n| 5552 | 381 |  | 8538 | 918 |\n| 5767 | 290 |  | 8539 | 213 |\n| 5874 | 705 |  | 8578 | 024 |\n| 5875 | 900 |  | 8578 | 025 |\n| 6333 | 585 |  | 8578 | 026 |\n| 6620 | 959 |  | 8578 | 027 |\n| 6664 | 728 |  | 8584 | 045 |\n| 8664 | 625 |  | 9187 | 989 |\n| 8676 | 976 |  | 9187 | 990 |\n| 8676 | 977 |  | 9187 | 991 |\n| 8676 | 978 |  | 9187 | 992 |\n| 8676 | 979 |  | 9187 | 993 |\n| 8676 | 980 |  | 9187 | 994 |\n| 8749 | 596 |  | 9187 | 995 |\n| 8749 | 597 |  | 9203 | 921 |\n| 8749 | 598 |  | 9252 | 481 |\n| 8749 | 599 |  | 9310 | 254 |\n| 8749 | 600 |  | 9371 | 328 |\n| 8803 | 309 |  | 9386 | 018 |\n| 8966 | 227 |  | 9391 | 278 |\n| 8967 | 787 |  | 9428 | 090 |\n| 9034 | 388 |  | 9468 | 119 |\n| 9047 | 624 |  | 9535 | 373 |\n| 9047 | 625 |  | 9535 | 374 |\n| 9063 | 285 |  | 9538 | 202 |\n| 9080 | 556 |  | 9538 | 204 |\n| 9080 | 962 |  | 9538 | 205 |\n| 9083 | 346 |  | 9538 | 206 |\n| 9083 | 916 |  | 9538 | 207 |\n| 9083 | 917 |  | 9548 | 748 |\n| 9089 | 232 |  | 9548 | 749 |\n| 9114 | 235 |  | 9818 | 874 |\n| 9114 | 236 |  | 9861 | 130 |\n| 9132 | 753 |  | 9861 | 131 |\n| 9132 | 754 |  | 9861 | 132 |\n| 9135 | 703 |  | 9956 | 667 |\n| 9153 | 414 |  | 10061 | 285 |\n| 9184 | 457 |  | 10061 | 286 |\n| 9184 | 458 |  | 10061 | 287 |\n| 9184 | 459 |  | 10092 | 270 |\n| 9184 | 460 |  | 10092 | 271 |\n| 9184 | 461 |  | 10092 | 272 |\n| 9184 | 462 |  | 10214 | 069 |\n| 9187 | 988 |  |  |  |\n\n| 3314 | 715 |  | 9063 | 289 |\n| 6006 | 142 |  | 9063 | 290 |\n| 8223 | 317 |  | 9063 | 291 |\n| 8936 | 695 |  | 9063 | 292 |\n| 9063 | 279 |  | 9063 | 293 |\n| 9063 | 280 |  | 9063 | 294 |\n| 9063 | 281 |  | 9063 | 295 |\n| 9063 | 282 |  | 9063 | 296 |\n| 9063 | 283 |  | 9063 | 298 |\n| 9063 | 284 |  | 9063 | 299 |\n| 9063 | 287 |  | 9535 | 371 |\n| 9063 | 288 |  | 9535 | 372 |\n\nThe leased lands set out in this Part are shown generally delineated and shown cross-hatched pink or hatched pink or hatched purple and designated by SEC lease number on plan number LEGL./95–87 lodged in the Central Plan Office of the Department of Treasury and Finance. If there is an inconsistency between the leased land described in a lease set out in this Part and that leased land as shown on the plan, the lease prevails.\n\n***CA*** means Crown Allotment.\n\n- D111 T. A. Phelan West of Traralgon Creek and east of Traralgon Creek Road, part of CA's 76B, 76C and 76D, Parish of Traralgon. 4200\n6664 841\n- D114 K. W. Silvester East of Traralgon Creek & west of Traralgon Creek Road, part of CA 7, Section A, Parish of Loy Yang. 9083 346\n\n- D115 C. & G. Pizzi West of Traralgon Creek Road & east of Traralgon Creek, part of CA's 7A3 and 7, Parish of Loy Yang. 5552\n9083 381\n- D118 R. T. & J. E. Dunbar East of Traralgon Creek Road, part of CA 4F, Section A, Parish of Loy Yang & part of CA's 76E & 76F, Parish of Traralgon. 9391 278\n- D119 D. Hopman & R. McGregor Adjacent to Traralgon Creek Road, part of CA 76C, Parish of Traralgon. 6664 729\n- D121 R. R. Rachiele & C. W. Scholten East of Traralgon Creek Road & west of Depot Road, CA's 76A, 76A1 & 76B, Parish of Traralgon. 4124\n9135 781\n- D123 T. A. Phelan East of Traralgon Creek Road & west of Depot Road, part of CA's 76B, 76C & 76D, Parish of Traralgon & CA 4H & part CA 4D, Section A, Parish of Loy Yang. 4200\n6664 841\n- D130 M. J. Tucker East of Depot Road, part of CA 4B, Section A, Parish of Loy Yang. 2921\n9114 102\n- D131 A. Tucker East of Depot Road, Lot 11, LP 4372, Parish of Loy Yang. 3568 508\n\n- D142 T. Van Der Veen South side of Retreat Road, Lots 11, 12 and Part Lot 10 LP1532, Parish of Loy Yang. 9047\n9080 624\n- D143 C. J. Fleming Traralgon–Gormandale Road & Melrossa Road, (north-east corner), part of CA's 4C and 4E, Section A, Parish of Loy Yang. 4808\n8539 451\n- D154 E. E. Macreadie Traralgon–Gormandale Road & Melrossa Road, (south-east corner), parts of CA's 8 & 8B, Section A, Parish of Loy Yang. 9132\n9132 753\n- D155 A. A. Jones West of Melrossa Road, part of CA 8, Section A, Parish of Loy Yang. 9203 921\n- D156 J. Derham Minniedale Road South, CA 6H, Parish of Loy Yang. 6333 585\n- D157 E. E. Macreadie Traralgon–Gormandale Road & Melrossa Road, (north-west corner), CA's 6 & 6A1, Section A, Parish of Loy Yang. 8388\n8388 148\n- D158 A. & A. Sheridan Melrossa Road, Part CA 6B, Section A, Parish of Loy Yang. 7097 202\n- D160 B. D. & C. L. Hinson Traralgon–Gormandale Road & Melrossa Road, (south-west corner), part of CA 5, Section A, Parish of Loy Yang. 8130 409\n- D162 G.V. Crawford Traralgon–Gormandale Road & Minniedale Road, (north-east corner), CA 6A, Section A, Parish of Loy Yang. 4719 732\n\n- D163 F. & S. M. Onley Hyland Highway & Minniedale Road, (south-east corner), part of CA 5, Section A, Parish of Loy Yang. 9386 018\n- D164 M. L. & J. L. Woolcock Melrossa Road & Minniedale Road, (north-east corner), part of CA 9B, Section A, Parish of Loy Yang. 8966 227\n- D168 R. S. & L. A. Berry (lessees)\nR. J. & S. C. Smith (sub-lessees) Bounded by Minniedale Road, Melrossa Road, Grevilles Road & Laurina Road, CA 9B, Section A, Parish of Loy Yang. 9184\n9184 457\n- D170 A. & S. Bolton East of Minniedale Road North, part of CA 14K, Parish of Loy Yang. 7491 104\n- D172 I. R. & M. J. Cumming North of Shields Road, part of CA 14L, Parish of Loy Yang. 9310 254\n- D174 A., H. & A. Sheridan Bounded by Minniedale North Road, Shields Road & Broomfields Road, CA's 13D, 13D1, 13J, 13J1, 13J2, 13J3, 13O, 14H, 14J, 14M, 15, 15A & 15A2, Parish of Loy Yang. 3314\n8223 715\n- D180 J. B. Derham North of Traralgon–Gormandale Road, Part of CA 15B & CA 13S, Parish of Loy Yang. 8664 625\n- D181 G. J. & R. L. McAinch Minniedale Road & Traralgon–Gormandale Road, (north-west corner), part of CA 15C, Parish of Loy Yang. 9153 414\n\n- D182 N. H. & G. H. Paulet East of Minniedale Road & south of Traralgon–Gormandale Road, part of CA's 15D & 15P, Parish of Loy Yang. 8803 309\n- D183 J. B. Derham Traralgon–Gormandale Road & Cummings Lane, (north-east corner), CA 15P1, Parish of Loy Yang. 3977\n3989 273\n- D184 B. E. Farmer Traralgon–Gormandale Road & Cummings Lane, (north-west corner), CA 15F, Parish of Loy Yang. 6620 959\n- D450 L. Bence Traralgon Creek Road & Mattingley's Hill Road, (north-west corner), part of CA's 7B & 7A3, Section A, Parish of Loy Yang. 5552\n8967 381\n- D451 R. J. Van Rossum West of Traralgon Creek Road, part of CA's 7B, 7D, 7F & 7G, Section A, Parish of Loy Yang. 2442\n8967 231\n- D452 G. A. Gair (lessee)\nR. J. Van Rossum (sub-lessee) East of Traralgon Creek & west of Traralgon Creek Road, part of CA 7F, 7F2 & 7G, Section A, Parish of Loy Yang. 4722\n8254 270\n- D470 Shire of LaTrobe East of Traralgon Creek Road, part of CA 7K1, Section A, Parish of Loy Yang. 8532 768\n- D471 APM Forests Pty. Ltd. A.C.N. 004 285 705 South of Loy Yang Overburden Dump, part of CA's 8C & 17B, Parish of Loy Yang. 9956 667\n- D472 Shire of LaTrobe Traralgon Creek Road, part of CA 7K1, Section A, Parish of Loy Yang. 8532\n9034 768\n\n- D474 R. W. Herbert East of Traralgon Creek Road, part of CA's 6K, 6K1, 6K2 & 7K1, Section A, Parish of Loy Yang. 3067\n9428 204\n- D480 B. F. S. Hughes North of Callignee South Road, part of CA's 6N, 6P, 6L, 6L1, 6L2, 6L3, LP 69787 & LP 83054, Section A, Parish of Loy Yang. 4315\n10092 899\n- D498 J. Davis North of Chester Park Road, part of CA 17A, Section A, Parish of Loy Yang. 8936 695\n- Part of D498A M. J. O'Doherty North of Chester Park Road, part of CA 17A & 8D, Section A, Parish of Loy Yang. 8936 695\n- D502 Dry Coal Pty Ltd A.C.N.\n052 013 555 & Valley Char Pty Ltd A.C.N.\n051 766 164 Bartons Lane, Parish of Loy Yang. 10214 069\n- D515 APM Forests Pty. Ltd. A.C.N. 004 285 705 Whitelaws Track, Lot 2, LP 113445, Parish of Loy Yang. 9861 130\n- D520 APM Forests Pty. Ltd. A.C.N. 004 285 705 Off Reids Road, part of CA 16D, Parish of Loy Yang. 8076\n8076 143\n- D530 M. A. & A. L. Cumming Minniedale Road, CA's 15R1, 15Q & part of CA's 15E, 15R & 15R2, Parish of Loy Yang. 6620 959\n- D532 G. N. & H. E. Armstrong West of Phillips Lane, CA 15K & part of 15K1, Parish of Loy Yang. 6620 959\n\n- D550 E. J. Stockdale West of Scales Road, Lot 1, LP 119772, Parish of Loy Yang. 9187 988\n- D558 M. G. Armstrong Bounded by Traralgon–Gormandale Road, Phillips Lane & Scales Road, Lots 2–8, LP 119772, Parish of Loy Yang. 9187\n9187 989\n- F6661 NS Komatsu Pty. Ltd. A.C.N. 053 514 739 Bartons Lane, Part CA 6P, Parish of Loy Yang. 10092 271\n\nPart 3—Encumbrances\n\n***LYBPS*** means Loy Yang B Power Station Pty Ltd A.C.N. 052 530 551\n\n***MEA*** means Mission Energy Australia Limited A.C.N. 055 563 785\n\n| 9538 | 204 | S298939J | LYBPS | A miscellaneous services agreement between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n| 9538 | 204 | S304710T | MEA | An agreement between LYBPS, SEC and MEA to grant an easement, in favour of MEA, its successors and assigns, as described in the Caveat. |\n\n| 9548 | 748 | S298939J | LYBPS | A miscellaneous services agreement between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n| 9548 | 748 | S304710T | MEA | An agreement between LYBPS, SEC and MEA to grant an easement in favour of the MEA, its successors and assigns, as described in the Caveat. |\n| 9548 | 749 | S298939J | LYBPS | A miscellaneous services agreement between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n| 9548 | 749 | S304710T | MEA | An agreement between LYBPS, SEC and MEA to grant an easement in favour of the MEA, its successors and assigns, as described in the Caveat. |\n| 10092 | 270 | S304711Q | MEA | An agreement between LYBPS, SEC and MEA to grant an easement in respect of a right of carriageway in favour of MEA, its successors and assigns, as described in the Caveat. |\n| 10092 | 270 | S755607B | LYBPS | A miscellaneous services agreement between LYBPS, SEC, and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n| 10092 | 271 | S304711Q | MEA | An agreement between MEA, LYBPS and SEC to grant an easement in respect of a right of carriageway in favour of MEA, its successors and assigns, as described in the Caveat. |\n\n| 10092 | 271 | S755607B | LYBPS | A miscellaneous services agreement between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of the LYBPS and MEA, as described in the Caveat. |\n| 10092 | 272 | S304711Q | MEA | An agreement between LYBPS, SEC and MEA to grant an easement in respect of a right of carriageway in favour of MEA, its successors and assigns, as described in the Caveat. |\n| 10092 | 272 | S755607B | LYBPS | A miscellaneous services agreement between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n| 10214 | 069 | S298939J | LYBPS | A miscellaneous services agreement between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n| 10214 | 069 | S298940J | LYBPS | A miscellaneous services agreement, between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n| 10214 | 069 | S304710T | MEA | An agreement between LYBPS, SEC and MEA to grant an easement in favour of the MEA, its successors and assigns, as described in the Caveat. |\n| 10214 | 069 | S304711Q | MEA | An agreement between LYBPS, SEC and MEA to grant an easement in respect of a right of carriageway in favour of the caveator, its successors and assigns, as described in the Caveat. |\n\n| 10214 | 069 | S304712M | MEA | An agreement between LYBPS, SEC and MEA to grant easements in favour of MEA its successors and assigns, as described in the Caveat. |\n| 10214 | 069 | S755607B | LYBPS | A miscellaneous services agreement between LYBPS, SEC and MEA to grant an easement and give a restrictive covenant in favour of LYBPS and MEA, as described in the Caveat. |\n\n","sortOrder":193},{"sectionNumber":"Part 4","sectionType":"part","heading":"Land in respect of which reservation is revoked","content":"Part 4—Land in respect of which reservation is revoked\n\n| *Situation and area of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Description of Crown Grant issued* | *Purpose of Reservation* | *Extent of revocation* |\n| Parish of Loy Yang, County of Buln Buln, 1214 square metres being Crown Allotment 6J1    Section A | Order in Council dated 19 August 1895 | Government Gazette dated 23 August 1895, page 3058 | Volume 3421 Folio 119 | Site for Mechanics Institute and Free Library | The entire reserve |\n\nSch. 3C inserted by No. 79/1995 s. 21, amended by Nos 35/1997 s. 17, 10/1998  \ns. 10(1)(c), 11/2024 s. 80.\n\n","sortOrder":194},{"sectionNumber":"Sch 3C","sectionType":"schedule","heading":"Hazelwood land","content":"Schedule 3C—Hazelwood land\n\n**Folios of the Register**\n\n| 1448 | 440 |  | 8812 | 118 |\n| 1470 | 890 |  | 8821 | 151 |\n| 1554 | 701 |  | 8838 | 614 |\n| 1657 | 253 |  | 8976 | 392 |\n| 1707 | 218 |  | 9125 | 592 |\n| 1811 | 185 |  | 9125 | 740 |\n| 2089 | 659 |  | 9128 | 891 |\n| 2230 | 864 |  | 9150 | 652 |\n| 2571 | 042 |  | 9150 | 653 |\n| 2575 | 852 |  | 9150 | 654 |\n| 4589 | 615 |  | 9150 | 655 |\n| 4589 | 616 |  | 9150 | 656 |\n| 6197 | 249 |  | 9150 | 657 |\n| 6493 | 568 |  | 9150 | 658 |\n| 6582 | 286 |  | 9157 | 341 |\n| 7437 | 364 |  | 9195 | 224 |\n| 7603 | 183 |  | 9195 | 225 |\n| 7603 | 184 |  | 9205 | 424 |\n| 7603 | 185 |  | 9205 | 425 |\n| 7603 | 186 |  | 9217 | 014 |\n| 7716 | 078 |  | 9344 | 123 |\n| 8184 | 935 |  | 9435 | 706 |\n| 8208 | 402 |  | 9435 | 707 |\n| 8217 | 219 |  | 9435 | 708 |\n| 8221 | 207 |  | 9435 | 709 |\n| 8242 | 655 |  | 9435 | 710 |\n| 8263 | 536 |  | 9435 | 711 |\n| 8274 | 748 |  | 9460 | 754 |\n| 8274 | 867 |  | 9657 | 128 |\n| 8679 | 364 |  | 9657 | 129 |\n| 8769 | 328 |  | 9657 | 130 |\n| 9657 | 131 |  | 9821 | 475 |\n| 9673 | 072 |  | 9861 | 133 |\n| 9821 | 473 |  | 9861 | 134 |\n| 9821 | 474 |  | 10135 | 584 |\n\n| 1060 | 842 |  | 7342 | 299 |\n| 2469 | 656 |  | 7342 | 300 |\n| 2651 | 012 |  | 7790 | 157 |\n| 2915 | 917 |  | 7831 | 186 |\n| 2944 | 777 |  | 7973 | 089 |\n| 3997 | 377 |  | 7986 | 117 |\n| 4029 | 674 |  | 8053 | 479 |\n| 4284 | 798 |  | 8083 | 706 |\n| 4288 | 523 |  | 8104 | 521 |\n| 4297 | 327 |  | 8169 | 193 |\n| 4585 | 951 |  | 8201 | 269 |\n| 4670 | 859 |  | 8216 | 797 |\n| 5721 | 098 |  | 8234 | 759 |\n| 5759 | 747 |  | 8243 | 733 |\n| 5944 | 750 |  | 8243 | 734 |\n| 6049 | 640 |  | 8263 | 093 |\n| 6224 | 664 |  | 8263 | 156 |\n| 6290 | 974 |  | 8334 | 025 |\n| 6365 | 991 |  | 8434 | 017 |\n| 6588 | 578 |  | 8453 | 800 |\n| 6806 | 157 |  | 8461 | 264 |\n| 7262 | 399 |  | 8478 | 942 |\n\nThe leased lands set out in this Part are shown generally delineated and shown cross-hatched pink or hatched pink or hatched purple and designated by SEC lease number on plan number LEGL./95–86 lodged in the Central Plan Office of the Department of Treasury and Finance. If there is an inconsistency between the leased land described in a lease set out in this Part and that leased land as shown on the plan, the lease prevails.\n\n**TABLE A**\n\n- C082 A. & M. Rosato Blacks Track & South Service Road (south-east corner), part of CA's 27B & 48B, Section A, Parish of Narracan. 8242\n- C090 L. Villella Marretts Road & South Service Road, (south-west corner), part of CA's 27B & 48B, Section A, Parish of Narracan. 8242\n- C098 H. K. & V. M. Turner Buckley's Track & Jensens Lane, (north-west corner), part of CA's 27B & 48B, Parish of Narracan. 8242\n- C164 M. & J. Rosato Buckley's Track & Marretts Road, (north-east corner), CA 26A & part of CA 27A, Parish of Narracan. 9205\n9205 424\n- C166 B. E. Cathie Bounded by Morwell River, Princes Freeway, Marretts Road & Thorpdale Road, part of CA's 5, 5A, 5B, 27A, 28, 29 & 29B, Parish of Narracan & part of CA's 50 & 50A, Parish of Maryvale. 5692\n9217 322\n- C190 Latrobe Regional Water Authority West of Morwell–Thorpdale Road & east of Morwell River Diversion Channel, part of CA 28, Parish of Narracan. 6101\n8812 127\n\n- C194 Latrobe Regional Water Authority Bounded by Morwell–Thorpdale Road & Princes Freeway, part of CA's 51 & 49A, Parish of Maryvale. 6493\n7603 568\n- C490 N. K. Wettenhall North of Deans Track, CA 22A, Section A, Parish of Narracan. 6197 249\n- C491 R. G. Whykes Deans Track & Marretts Lane, (south-east corner), part of CA's 5A, 5B, 5F & CA's 5C, 5D & 5E, Section A, Parish of Narracan. 9150\n9150 653\n- C493 J. D. Mountney Bounded by Golden Gully Road, Driffield Road & Deans Track, CA 21, Section A, Parish of Narracan. 9460 754\n- C494 H. T. & P. R. Goldsmith East of Driffield Road, CA 7A & part of CA's 7, 21 & 21A, Section A, Parish of Narracan. 5692\n9435 322\n- C504 B. I. McIntosh East of Morwell–Thorpdale Road & west of Morwell River, part of CA's 5 & 28, Lot 1 & part of Lot 2, LP 125212, Parish of Narracan. 7437\n9657 364\n- C506 L. F. & J. M. Woodhead Bounded by Brodribb Road, Morwell–Thorpdale Road & Varys Road, Part of CA's 4 & 19A, Section A, Parish of Narracan. 8184\n9657 935\n- C507 L. F. Woodhead West of Open Cut Perimeter Road & east of C504 & C506, part of CA 5, Section A, Parish of Narracan. 7437\n9657 364\n\n- C508 B. E. Cathie North of Brodribb Road, part of CA's D, G5, 41 & 42, Parish of Hazelwood & part of CA 19A, Parish of Narracan. 1707\n8263 218\n- C530 L. F. Woodhead East of Applegates Road, part of CA's G8 & G6, Parish of Hazelwood. 1470\n8334 890\n- C532 T. Birkbeck East of Applegates Road, part of CA's F6 & G5, Parish of Hazelwood. 7973 089\n- C536 C. C. McKay North of Brodribb Road, part of CA's F6, G5 & G8, Parish of Hazelwood. 6806\n7973 157\n- C542 J. J. & F. M. Lawless Bounded by Applegates Road, Brodribb Road & Yinnar Road, part of CA's G5 & G51, Parish of Hazelwood. 7973 089\n- C550 R. Didio North of Brodribb Road, part of CA's G5 & G7, Parish of Hazelwood. 7973 089\n- C552 R. Didio North of Brodribb Road, part of CA G8, Parish of Hazelwood. 6806 157\n- C570 A. Cook North of Brodribb Road, part of CA 8A, Section A, Parish of Hazelwood. 8104 521\n- C572 LaTrobe Regional Commission (lessee) and Harrow Woods Pty. Ltd. A.C.N. 006 695 745 (sub-lessee) Bounded by Hazelwood Pondage, Nadenbouschs Road & Black Bobs Lane, part of CA 37, Parish of Hazelwood. 8201 269\n\n- C579 R. Weir Morwell Open Cut, Eastern Overburden Dump, part of CA 1C, Section A, Parish of Hazelwood. 2651\n10135 012\n- C590 LaTrobe Regional Commission (lessee) and Hydropro Pty. Ltd. A.C.N.\n060 447 074 (sub-lessee) West of Nadenbouschs Road, part of CA 37, Parish of Hazelwood. 8201 269\n- C612 W. L. Reid & M. J. Dare West of Monash Way & north of Brodribb Road, part of CA 1A, Section A, Parish of Hazelwood. 2651 2915 8083 8104 8242 8821 10135 012\n- C840 Shire of LaTrobe East of Yinnar Road, part of CA 1, Parish of Hazelwood. 6224 664\n- C859 D. S. Cook North of Switchback Road, part of CA's 1, F2, F3 & F4, Parish of Hazelwood. 5759 6224 7986 747\n- C860 Shire of LaTrobe (Jeeralang Pony Club) North of Switchback Road, part of CA F10, Parish of Hazelwood. 6049 640\n- C884 LaTrobe Regional Commission Bounded by Hazelwood Cooling Pond, Nadenbouschs Road and Black Bobs Lane, Lot 4 L.P. 120260, Parish of Hazelwood. 6049\n9861 640\n- C885 LaTrobe Regional Commission Bounded by Hazelwood Cooling Pond, Nadenbouschs Road & Black Bobs Lane, Lots 1, 2 & part of Lot 3, LP 120260, Parish of Hazelwood. 6049\n9861 640\n\n- C886 Liberty Images Pty. Ltd. A.C.N. 064 257 183 West of Nadenbouschs Road, part of CA F1, Parish of Hazelwood. 9861 133\n- F3468 Central Gippsland Region Water Authority Part of CA 1C, Section A, Parish of Hazelwood. 7973\n8274 089\n- F3913 Central Gippsland Region Water Authority Part of CA's 1B, 18 & 19, Parish of Hazelwood. 2651\n8821 012\n- F6688 Australian Government Publishing Service Wing 3 Lower, Morwell Administration Centre, Morwell. 8274 867\n- HFC01 Yallourn Energy Ltd. A.C.N.\n065 325 224 Wing 2 Upper, Wing 4 Upper, Wing 5 & part of Registry area in Wing 6, Morwell Administration Centre, Morwell. 8274 867\n- HFC02 SEC Wing 1 Lower & Archival storage within Wing 6 Basement, Morwell Administration Centre, Morwell. 8274 867\n- C140 W. S. & M. A. Wilkinson & C. T. Gray Bounded by Laws Track, Vary Road & Buckleys Track, part of CA 46A, Section A, Parish of Narracan. 8242\n8761 126\n- C142 F. Disisto South of Buckleys Track, part of CA 46A, Section A, Parish of Narracan. 8761 167\n- C144 B. A. Lawless Bounded by Laws Track, Buckleys Track & Blacks Track, part of CA 46A, Section A, Parish of Narracan. 8761 167\n\n- C148 APM Forests Pty. Ltd. A.C.N. 004 285 705 East of Vary Road, Part of CA 46A, Section A, Parish of Narracan. 8242\n8761 126\n- C150 APM Forests Pty. Ltd. A.C.N. 004 285 705 Vary Road & Deans Track (south-west corner), part of CA 46A, Section A, Parish of Narracan. 8761 167\n- C154 N. A. & A. M. Morgan South of Laws Track, part of CA 46A, Section A, Parish of Narracan. 8761 167\n- C156 APM Forests Pty. Ltd. A.C.N. 004 285 705 North of Deans Track, part of CA 46A, Section A, Parish of Narracan. 8761 167\n- C158 Golden Gully Farms\n(J. Jeffrey) Bounded by Deans Track, Blacks Track & Laws Track, part of CA 46A, Section A, Parish of Narracan. 8761 167\n- C160 A. & M. Rosato Blacks Track & Buckleys Track, (north-west corner), part of CA 26A, Section A, Parish of Narracan. 8761 167\n- C184 Shire of LaTrobe Part of CA 48A, Parish of Maryvale. 9344 123\n- C191 D. W. Robinson North of Princes Freeway, part of CA's 49A & 11F, Parish of Maryvale. 7716\n8274 078\n- C195 C. G. Horsley North of Princes Freeway, part of CA 11F, Parish of Maryvale. 8274 748\n- C197 Shire of LaTrobe Bounded by Morwell–Yallourn Railway, Driffield Road & Avondale Road, part of CA 49A, Parish of Maryvale. 7716 078\n- C302 Y. Sturk Monash Way, south of Gippsland Railway, part of CA 8B, Parish of Maryvale. 8242 655\n\n- C303 D. V. & P. J. Evenden Bounded by Gippsland Railway, Tramway Road & Monash Way, part of CA 8B, Parish of Maryvale. 8242 655\n- C304 Y. Sturk Monash Way, south of Gippsland Railway, part of CA 8B, Parish of Maryvale. 8242 655\n- C305 Shire of LaTrobe Bounded by Commercial Road, Princes Freeway & Monash Way, part of CA 8A, Parish of Maryvale. 8242 655\n- C569 LaTrobe Regional Water Authority South of Brodribb Road, part of CA G7, Parish of Hazelwood. 8104 521\n- C577 A. J. McFarlane Bounded by Brodribb Road, Monash Way & Nadenbouschs Road, CA 23A, Section A, Parish of Hazelwood. 8104\n9500 521\n- C580 APM Forests Pty. Ltd. A.C.N. 004 285 705 East of Monash Way, CA 9J & part of CA's 9 & 9H, Section A, Parish of Hazelwood. 8821\n8769 151\n- C581 B. Slade East of Monash Way, Lot 2, LP72440, Parish of Hazelwood. 8679 364\n- C584 APM Forests Pty. Ltd. A.C.N. 004 285 705 East of Monash Way, part of CA's 9H, 16, 18A & 19, Section A, Parish of Hazelwood. 2651\n8821 012\n- C602 J. A. & R. J. Thomas Bounded by Commercial Road & Monash Way, part of CA 8A, Parish of Maryvale. 10135 584\n- C606 K. W. Buckley Firmins Lane & Tramway Road, (north-east corner), part of CA 8B, Parish of Maryvale. 8242 655\n\n- C610 Latrobe Regional Commission Porters Road & Monash Way, (north-west corner), part of CA 1B, Section A, Parish of Hazelwood. 8242 655\n- C612 W. L. Reid & M. J. Dare North of Monash Way & west of Porters Road, part of CA 1A, Section A, Parish of Hazelwood. 2651\n10135 012\n- C614 D. V. & P. J. Evenden East of Monash Way, part of CA 46A, Section A, Parish of Hazelwood. 8242 655\n- C615 Pinegro Products Pty. Ltd. A.C.N.\n005 531 546 West of Monash Way, part of CA 1A & 1B, Parish of Hazelwood. 8242\n10135 655\n- F1996 Gas & Fuel Corporation of Victoria Part of CA 18A, Section A, Parish of Hazelwood. 2651\n8242 012\n- F3913 Central Gippsland Region Water Authority Part of CA 19, Parish of Hazelwood. 8242 655\n- F6658 Deanmac Emergency Services Pty Ltd A.C.N.\n006 953 126 Part of CA 11H, Parish of Maryvale. 8217 219\n- F6662 Brambles Australia Ltd. A.C.N.\n000 164 938 Part of CA 11H, Parish of Maryvale. 8217\n8274 219\n- F6665 Siemens Ltd. A.C.N.\n004 347 880 Julia Street, part of CA 11H, Parish of Maryvale. 8217\n8274 219\n\n- F6668 WBM Pty Ltd A.C.N.\n010 830 421 East–West Access Road, west of Lower Ridge Road, part of CA 55C, Parish of Maryvale. 8274 867\n- F6682 Terich Industries Pty Ltd A.C.N.\n007 366 887 Julia Street, part of CA 11H, Parish of Maryvale. 8217 219\n- F6684 Victorian Power Exchange Lower Ridge Road, Morwell. 8274 867\n- F6685 Lease Plan Australia Ltd A.C.N.\n006 923 011 Part of CA 11H, Parish of Maryvale. 8217 219\n\nPart 3—Roads corporation land to be surrendered\n\n**Folio of the Register**\n\n| 5692 | 322 |  | 9699 | 375 |\n| 9699 | 372 |  | 9699 | 376 |\n| 9699 | 373 |  | 9699 | 378 |\n| 9699 | 374 |  | 9699 | 379 |\n\nPart 4—Land in respect of which reservation is revoked\n\n| *Situation and area of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of Reservation* | *Extent of revocation* |\n| Bed and 20⋅12 metres from each bank of the Morwell River less excision authorised by Act No. 56/1995 | Order in Council dated 23 May 1881 | Government Gazette dated 27 May 1881, page 1389 | Site for public purposes | That part of the reserve delineated and coloured light green on a plan lodged in the Central Plan Office of the Department of Treasury and Finance and numbered    LEGL./95–84 |\n\nPart 5—Land in respect of which reservations are revoked\n\n| *Item* | *Situation and area of land* | *Instrument and date of reservation* | *Description of land by reference to Government Gazette* | *Purpose of reservation* | *Extent of revocation* |\n| 1. | Bed and 30⋅18 metres from each bank of the Goulburn River less excisions authorised by Act No. 5909 and    Act No. 9922. | Order in Council dated 23 May 1881 | Government Gazette dated 27 May 1881, page 1389. | Site for public purposes. | That part of the reserve delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97–26 |\n| 2. | Bed and 30⋅18 metres from each bank of the Mitta Mitta River less excisions authorised by    Act No. 6413 and Act No. 37/1989. | Order in Council dated 23 May 1881 | Government Gazette dated 27 May 1881, page 1389. | Site for public purposes. | That part of the reserve delineated and coloured light green on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered LEGL./97–26 |\n\nSch. 4 amended by No. 53/1994 s. 23(3)(a)–(f), repealed by No. 56/1995 s. 34,  \nnew Sch. 4 inserted by No. 36/1999 s. 14(2), substituted by No. 69/2000 s. 20.\n\nSchedule 4—Savings and transitional provisions\n\n\t1 Definitions\n\n***old Act*** means the **Electricity Industry Act 1993**.\n\n\t2 General transitional provisions\n\n(1) This Schedule does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n(2) Without limiting subclause (1), in declaring that certain provisions of the **Electricity Industry Act 2000** are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken to—\n\n(a) limit the operation of any provision of the **Interpretation of Legislation Act 1984** relating to the re-enactment; or\n\n(b) be an exhaustive list of the provisions of the old Act re-enacted by the **Electricity Industry Act 2000**.\n\n(3) This Schedule applies despite anything to the contrary in any other provision of this Act or the **Electricity Industry Act 2000**.\n\n\t3 Re-enacted provisions\n\nA provision of the old Act specified in Column 1 of the Table is deemed to be re-enacted (with modifications) by the provision of the **Electricity Industry Act 2000** appearing opposite in Column 2 of the Table.\n\n- **TABLE**\n- *Old Provision* *New Provision*\n- section 27(2) to (4) section 117\n- section 42A section 86\n- section 42B section 87\n- section 44 section 88\n- section 44A section 89\n- section 45 section 90\n- section 45A section 91\n- section 45B section 92\n- section 46 section 94\n- section 47 section 93\n- Parts 3A and 3B Part 6\n- section 155A section 11\n- section 158 section 12\n- section 158AA section 13\n- section 159 section 16\n- section 160 section 17\n- section 161 section 18\n- section 162 section 19\n- section 163(1), (2), (2A) section 20\n- section 163(3) section 21\n- section 163(4) section 22\n- section 163(5) section 24\n- section 163(6) and (7) section 25\n- section 163(8), (9), (10), (11) section 26\n- section 163AAA section 27\n- section 164 section 29\n- section 164A section 32\n- section 165 section 30\n- section 166 section 34\n- *Old Provision* *New Provision*\n- section 167 section 31\n- section 169A section 35\n- section 169B section 36\n- section 169C section 37\n- section 169D section 38\n- section 170A section 47\n- section 170B section 48\n- section 170C section 49\n- Part 13 Part 3\n- Schedule 2 Schedule\n\n\t4 Superseded references to old Act\n\nOn the commencement of this clause, in any Act (other than this Act or the **Electricity Industry Act 2000**), or in any instrument made under any Act or in any other document of any kind a reference to the old Act—\n\n(a) to the extent that the reference relates to a provision of the old Act re-enacted in the **Electricity Industry Act 2000**, is deemed to be a reference to the **Electricity Industry Act 2000**; and\n\n(b) to the extent that the reference relates to any other provision of the old Act, is deemed to be a reference to the **Electricity Industry (Residual Provisions) Act 1993**.\n\n\t5 Licences\n\nA licence issued under Part 12 of the old Act as in effect immediately before the commencement of this clause is deemed to be a licence issued under Part 2 of the **Electricity Industry Act 2000**.\n\nSch. 4 cl. 6 repealed by No. 25/2004 s. 21.\n\n\t7 Orders under section 158AA\n\nAn Order under section 158AA of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under section 13 of the **Electricity Industry Act 2000**.\n\n\t8 Exemptions under section 160\n\nAn Order under section 160 of the old Act as in effect immediately before the commencement of this clause is deemed to be an Order made under section 17 of the **Electricity Industry Act 2000**.\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: 28 October 1993*\n\n*Legislative Council: 1 December 1993*\n\nThe long title for the Bill for this Act was \"A Bill relating to the restructuring of the electricity supply industry, to amend the **State Electricity Commission Act 1958**, to make consequential amendments to other Acts and for other purposes.\".\n\nThe **Electricity Industry Act 1993** was assented to on 14 December 1993 and came into operation as follows:\n\nPart 1 (sections 1–6), sections 7–10, 13–16, 20–23, 30, Part 5 Division 1 (sections 62, 63), section 76, Part 6 (sections 80–84), section 86, Part 8 (sections 93–97), sections 110, 111, 119, 121 on 14 December 1993: section 2(1); sections 26, 85, 98, 99 on 14 December 1993: Special Gazette (No. 93) 14 December 1993 page 1; rest of Act on 3 January 1994: Special Gazette (No. 97) 23 December 1993 page 1.\n\nThe title of this Act was changed from the **Electricity Industry Act 1993** to the **Electricity Industry (Residual Provisions) Act 1993** by section 3 of the **Electricity Industry Legislation (Miscellaneous Amendments) Act 2000**, No. 69/2000.\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 (Residual Provisions) Act 1993** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Borrowing and Investment Powers (Further Amendment) Act 1994, No. 4/1994**\n\n| Assent Date: | 27.4.94 |\n| Commencement Date: | 14.12.93: s. 2 |\n\n**Financial Management Act 1994, No. 18/1994**\n\n| Assent Date: | 10.5.94 |\n| Commencement Date: | S. 66(Sch. 2 item 6) on 1.7.94: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | S. 4(Sch. 2 item 26) on 1.1.95: Government Gazette 28.7.94 p. 2055 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Amendment) Act 1994, No. 53/1994** (as amended by No. 8/1996)\n\n| Assent Date: | 15.6.94 |\n| Commencement Date: | S. 23 on 14.12.93: s. 2(2); ss 4(2), 14(1), 21(1)(3), 22, 24 on 29.6.94: Special Gazette (No. 39) 29.6.94    p. 1—see **Interpretation of Legislation Act 1984**; s. 12 on 3.10.94: Special Gazette (No. 57) 23.8.94 p. 1; ss 4(1)(a)(b)(e)–(g)(3)–(5), 5–7, 10, 11, 13, 14(2),    15–20, 21(2), 25 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1; ss 4(1)(c)(d), 8 on 1.7.97: Government Gazette 5.6.97 p. 1281; s. 9 never proclaimed, repealed by No. 8/1996 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Further Amendment) Act 1994, No. 110/1994** (as amended by Nos 56/1995, 10/1998)\n\n| Assent Date: | 20.12.94 |\n| Commencement Date: | Ss 6, 7, 8(a)(b), 9–33 on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1; s. 8(c) never proclaimed, repealed by No. 56/1995; s. 5(1) on 1.7.99: Government Gazette 1.7.99 p. 1521 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Equal Opportunity Act 1995, No. 42/1995** (as amended by No. 79/1995)\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 items 13.1–13.3 on 1.1.96: Government Gazette 21.12.95 p. 3571 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Amendment) Act 1995, No. 56/1995** (as amended by No. 79/1995)\n\n| Assent Date: | 20.6.95 |\n| Commencement Date: | S. 67(2) on 20.12.94: s. 2(2); ss 4(1)(3), 5–8, 11,    13–36, 44(3) on 20.6.95; s. 12 on 1.7.95: Special Gazette (No. 52) 20.6.95 p. 1; ss 9, 10, 46(2) on 8.8.95: Special Gazette (No. 78) 8.8.95 p. 1; ss 37, 38 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1; s. 4(2) on 20.6.96: s. 2(5); s. 39 on 1.1.01: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Further Amendment) Act 1995, No. 79/1995**\n\n| Assent Date: | 28.11.95 |\n| Commencement Date: | Ss 4–6, 8, 10, 13–17 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1; ss 7, 9, 11, 12 on 28.11.95: s 2(1); Pt 3 (ss 18–21) on 14.12.95: Government Gazette 14.12.95 p. 3488—see **Interpretation of Legislation Act 1984** |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Superannuation Acts (Amendment) Act 1996, No. 4/1996**\n\n| Assent Date: | 18.6.96 |\n| Commencement Date: | S. 134(2) on 30.6.96: s. 2(12) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Amendment) Act 1996, No. 8/1996** (as amended by No. 35/1997)\n\n| Assent Date: | 25.6.96 |\n| Commencement Date: | S. 20 on 20.12.94: s. 2(6); s. 4(1) on 20.6.95: s. 2(2); ss 4(2)–(5), 5, 7–13, 15, 16 on 25.6.96: s. 2(1); s. 6 on 25.6.99: Government Gazette 24.6.99 p. 1465; s. 14 on 1.1.01: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Further Amendment) Act 1996, No. 48/1996**\n\n| Assent Date: | 26.11.96 |\n| Commencement Date: | 26.11.96: s. 2 |\n\n**Electricity Industry (Loy Yang B) Act 1997, No. 14/1997**\n\n| Assent Date: | 6.5.97 |\n| Commencement Date: | S. 11 on 18.4.97: s. 2(2); Pt 1 (ss 1–3) on 6.5.97: s. 2(1); rest of Act on 8.5.97: Special Gazette (No. 50) 6.5.97 p. 1 |\n\n**Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997** (as amended by Nos 55/1997, 10/1998)\n\n| Assent Date: | 3.6.97 |\n| Commencement Date: | Pt 1 (ss 1–3) on 3.6.97: s. 2(1); rest of Act (*except* ss 10–12, 15, 20(1)(2), 21(3)(a)) on 3.6.97: Special Gazette (No. 58) 3.6.97 p. 1; ss 20(1)(2), 21(3)(a) on 27.11.97: Government Gazette 27.11.97 p. 3225; s. 10 never proclaimed, repealed by No. 55/1997; s. 11 on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1; ss 12, 15 on 25.6.99: Government Gazette 24.6.99 p. 1465 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997**\n\n| Assent Date: | 21.10.97 |\n| Commencement Date: | Ss 3, 4(1)(3), 5, 7, 9–15 on 21.10.97: s. 2(1); ss 4(2), 6, 8(b)–(d) on 13.12.98: Special Gazette (No. 148) 11.12.98 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Snowy Hydro Corporatisation Act 1997, No. 105/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 26(2) on 9.8.95: s. 2(2); s. 26(1) on 28.6.02: Special Gazette (No. 110) 25.6.02 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry (Amendment) Act 1998, No. 10/1998**\n\n| Assent Date: | 28.4.98 |\n| Commencement Date: | S. 10(2) on 24.12.94: s. 2(2); s. 6 on 28.4.98: s. 2(1); ss 4, 7, 8, 10(1) on 1.6.98: s. 2(3); s. 5 on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 3 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Safety Act 1998, No. 25/1998**\n\n| Assent Date: | 12.5.98 |\n| Commencement Date: | Ss 164, 165(1)–(4)(6) on 1.7.98: Special Gazette (No. 65) 30.6.98 p. 2; s. 165(5) on 31.12.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 20) on 1.1.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry Acts (Amendment) Act 1998, No. 89/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | Ss 3, 4 on 24.11.98: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | Ss 3–7, 9–15 on 8.6.99: s. 2(1); ss 16, 18, 19 on 25.6.99: Government Gazette 24.6.99 p. 1465; s. 8 on 31.12.99: Government Gazette 16.12.99 p. 2639; s. 17 never proclaimed, repealed by No. 11/2002 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry Acts (Amendment) Act 2000, No. 38/2000**\n\n| Assent Date: | 6.6.00 |\n| Commencement Date: | Ss 5–7, 13, 14 on 29.6.00; ss 3, 4, 9, 10 on 1.9.00: Government Gazette 29.6.00 p. 1455; ss 8, 12 on 31.12.00: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 17 on 22.3.94: s. 2(3); s. 16 on 14.12.95: s. 2(2); s. 13 on 21.11.00: s. 2(1); ss 3–12, 14, 15, 18–20 on 1.1.01: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 35) on 15.7.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Essential Services Commission Act 2001, No. 62/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | S. 74 on 1.1.02: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Building (Amendment) Act 2001, No. 68/2001**\n\n| Assent Date: | 7.11.01 |\n| Commencement Date: | S. 18 on 1.7.02: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\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 20) on 24.4.02: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004**\n\n| Assent Date: | 25.5.04 |\n| Commencement Date: | S. 20 on 26.5.04: s. 2(1); s. 21 on 30.6.05: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 63) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**National Electricity (Victoria) Act 2005, No. 8/2005**\n\n| Assent Date: | 27.4.05 |\n| Commencement Date: | S. 15 on 1.7.05: Special Gazette (No. 120) 28.6.05 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 54(Sch. Pt 1 item 19) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013**\n\n| Assent Date: | 18.6.13 |\n| Commencement Date: | S. 35(Sch. 2 item 3) on 1.7.13: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**Sale of Land Amendment Act 2014, No. 33/2014**\n\n| Assent Date: | 13.5.14 |\n| Commencement Date: | S. 10 on 1.10.14: Special Gazette (No. 282) 26.8.14 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| Commencement Date: | Ss 27−80 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\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: | S. 76 on 1.11.25: Special Gazette (No. 588) 28.10.25 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Electricity Industry (Residual Provisions) Act 1993** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. S. 7 (*repealed*): Section 5(2) of the **Electricity Industry (Further Amendment) Act 1994**, No. 110/1994 reads as follows:\n\n  5 Abolition of Generation Victoria\n\n  (2) On the commencement of subsection (1)—\n\n  (a) Generation Victoria is abolished;\n\n  (b) all directors of Generation Victoria go out of office;\n\n  (c) the chief executive officer of Generation Victoria goes out of office. [↑](#endnote-ref-2)\n\n2. S. 13 (*repealed*): Section 5(3) of the **Electricity Industry (Amendment) Act 1998**, No. 10/1998 reads as follows:\n\n  5 Power Net Victoria dissolved\n\n  (3) On the commencement of subsection (1)—\n\n  (a) Power Net Victoria is abolished;\n\n  (b) all directors of Power Net Victoria go out of office;\n\n  (c) the chief executive officer of Power Net Victoria goes out of office. [↑](#endnote-ref-3)\n\n3. Pt 2 Div. 3 (*repealed*): Section 8(2) of the **Electricity Industry (Amendment) Act 1994**, No. 53/1994 reads as follows:\n\n  8 Abolition of Electricity Services Victoria\n\n  (2) On the commencement of subsection (1)—\n\n  (a) Electricity Services Victoria is abolished;\n\n  (b) all directors of Electricity Services Victoria go out of office;\n\n  (c) the chief executive officer of Electricity Services Victoria goes out of office. [↑](#endnote-ref-4)","sortOrder":195}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act began as an instrument to restructure the electricity supply industry (s.1). Over time it has been expanded well beyond a simple corporate split to include: detailed, parcel‑level land surrenders and Crown grant powers for Latrobe, Loy Yang and Hazelwood (Parts 14–16 and Schedules 3–3C); privatisation facilitation and sale‑transaction mechanics (Part 11B and ss 153U, 153UA); extensive tax and stamp duty exemptions for transfer transactions (s.74 and parallel provisions); targeted exemptions from FOI and Ombudsman oversight for certain documents (ss 91A, 91AB, s.153X); and multiple operational governance controls (Minister/Treasurer directions, corporate plan requirements). Those additions have materially broadened the Act from a structural reorganisation vehicle into a long‑term statutory scaffold for managing asset transfers, land‑title changes, public‑to‑private transactions and ongoing executive oversight. The expansion is visible in the addition of land‑specific Parts and schedules and the insertion of many transfer/privatisation provisions by later amending Acts (see endnotes/Table of Amendments)."},"complexity_factors":["Very long Act with many Parts (at least 17 Parts plus multiple Schedules) and extensive consequential amendments","Large number of defined terms in s.3 and across the Act (dozens, including sector‑specific entities and many cross‑referenced definitions)","Multiple mirrored transfer regimes (former SEC, National Electricity, ESV, Generation Victoria, Loy Yang, nominated transferor companies) each with near‑identical but distinct allocation, transfer, instrument, proceedings and staff provisions (Parts 5, 9–11AC, 11AB, 11AC)","Numerous cross‑references to other Acts (Corporations Act, Transfer of Land Act 1958, Mineral Resources Development Act 1990, Evidence Act 2008, Treasury Corporation Act and others)","Frequent use of allocation statements, certificates and conclusive‑evidence clauses creating legal effects contingent on administrative acts (e.g. ss 63, 63AA, 100, 118, 153C)","Extensive schedules listing hundreds of land titles, leases, caveats and named contracts (Schedules 3, 3A, 3B, 3C) requiring statutory treatment of specific real‑world assets","Layered exemptions, repeals and transitional provisions interacting with later amending Acts (many repeals and re‑enactments noted in the text and endnotes)","Conditional commencement provisions and time‑dependent vesting (appointed day, allocation day, relevant dates) increase temporal complexity and implementation sequencing"],"plain_english_summary":"**What this Act does (mechanically)\n\n- Establishes the legal framework to break up and re‑structure the old State Electricity Commission (SEC) and to allocate its assets, rights and liabilities to new bodies and companies. (See s.1; Parts 5, 9–11AC, 11AB, 11AC.)\n\n- Creates an Administrator with power to implement the restructuring, issue certificates that are conclusive evidence of asset allocations, keep registers and delegate functions. (See Part 4, ss 48–53; s.63; s.63AA.)\n\n- Creates or recognises a set of electricity entities (public distribution, generation and transmission companies, Generation Victoria, National Electricity/VPX and named transferor companies) and prescribes how property, contracts, instruments and staff transfer to them. Transfers operate by allocation statements and certificates so that the transferee steps into the shoes of the SEC (or other transferor) for property, contracts, proceedings and registered land. (See Parts 5, 9, 10, 11, 11A, 11AB and many corresponding sections: e.g. ss 99–106, 119–126, 139–146, 153D–153L.)\n\n- Preserves continuity: substitution of parties in existing contracts, preservation of statutory instruments and evidence rules (books, entries) so transferred parties inherit rights and obligations and pending proceedings continue against transferees. (See ss 104–111; ss 122–129; ss 142–153O.)\n\n- Provides governance controls over the new corporations: duties and liabilities for directors, requirement for corporate plans and statements of corporate intent, Minister/Treasurer directions, and ability to require information. (See ss 30–36A; s.26; s.53; s.84C.)\n\n- Handles certain public finance and credit arrangements: Treasurer may give guarantees and the Act sets out how financial obligations allocated from the former SEC are to be paid or recovered (including interactions with Treasury Corporation of Victoria). (See s.29; s.90.)\n\n- Grants tax and duty exemptions for transactions effected under the Act to reduce transactional friction when property and rights are transferred. (See s.74 and parallel provisions in Parts 9–11 etc.)\n\n- Contains multiple land‑specific provisions that surrender specified SEC land to the Crown, preserve or re‑issue leases and easements where required, permit Crown grants and make consequential title amendments. These are very detailed and listed in Schedules 3, 3A, 3B and 3C (Latrobe Valley, Loy Yang, Hazelwood, and other land). (See Parts 14–16 and Schedules 3–3C.)\n\n- Provides limited exemptions from some transparency regimes for the electricity corporations or specific documents (e.g. FOI and Ombudsman exceptions in ss 91A, 91AB and specific confidentiality provisions for sale transactions). (See s.91A; s.91AB; s.153X.)\n\n\nWho the Act affects\n\n- The State (Treasurer and Minister), the former SEC, Generation Victoria, named transferor companies (e.g. Loy Yang Power Ltd), public transmission/generation/distribution companies, VPX/VENCorp/National Electricity and other transferees (Parts 2, 9–11AB).\n- Employees and officers listed for transfer: the Act treats staff as transferred with continuity of service and accrued entitlements (see ss 113–115, 131–133, 150–152, 153Q–153R, 153TM–153TN, 153TZD–153TZE).\n- Counterparties: existing contractors, lenders, mortgagees, caveators and users of land whose contractual or property positions are preserved, modified or recorded (see the many substitution and preservation provisions: e.g. ss 102, 120, 140, 153E, schedules listing excluded contracts in Schedule 3).\n- Local government and third parties who hold leases, easements or other interests over the specified land parcels listed in the Schedules.\n- Tax and land‑title authorities because the Act requires Registrar of Titles actions and exempts certain acts from stamp duty (see ss 73, 108, 126, 145; s.74 and corresponding sections in Parts 9–11).\n\n\nWhy it matters (practical effects, trade‑offs and incentives)\n\n- Certainty for markets and counterparties: by making allocation certificates conclusive and by providing substitution rules, the Act reduces legal uncertainty when ownership and obligations move from a public utility (SEC/State bodies) to new companies (see s.63, s.100, ss 101–106). That reduces transaction and litigation risk for buyers, lenders and contracting parties.\n\n- Concentration of control with ministers and Treasurer: Minister and Treasurer keep formal powers to direct the Administrator and electricity boards, to require corporate plans and to specify financial arrangements (see s.26, s.35, s.53, s.37). That centralises decision‑making on strategic policy choices, with the effect that corporate autonomy is constrained where the State so requires.\n\n- Shifts of cost and contingent liabilities: the Act re‑allocates assets and liabilities across public and new corporate vehicles and allows the Treasurer to guarantee liabilities (s.90). Where the State retains guarantees or agrees to reimburse non‑commercial directions (s.37(3)), taxpayers may bear contingent costs; where liabilities are allocated to transferees, those companies (and their owners, including private buyers) carry the obligations and financial costs.\n\n- Transactional and regulatory facilitation: tax/duty exemptions (s.74, Pt 9/10/11 equivalents) and preservation of rights under transferred instruments reduce transaction costs and make sale/privatisation processes operationally simpler for sellers, purchasers and financiers.\n\n- Reduced transparency in defined areas: specified exemptions from FOI and the Ombudsman (ss 91A, 91AB, s.153X) lower public scrutiny for some documents—including sale/offer information—affecting public access to information about certain commercial dealings.\n\n- Employee and labour continuity: transferred staff keep continuity of service and accrued entitlements (e.g. ss 114, 132, 151, 153R, 153TN), which limits disruption to workers but locks in legacy employment costs for transferees.\n\n- Local property consequences: detailed land surrender, reservation revocations and Crown grant powers in Parts 14–16 and Schedules change land ownership and the status of leases/easements for many parcels. That can extinguish or convert rights (with compensation mechanisms where specified, e.g. s.187(2)).\n\n\nImplementation and compliance risks, and who decides and who pays\n\n- Who decides: the Treasurer and Minister exercise significant control (directions to boards and Administrator, approval of allocation statements, powers to sign certificates), and the Administrator executes detailed transfers (ss 26, 53, 63, 63AA, 99, 117, 153B). The Registrar of Titles is directed to amend registers on request (ss 73, 108, 126, 145).\n\n- Who pays: where the State guarantees obligations the Consolidated Fund is on the hook (s.90(2)); corporations are required to meet allocated liabilities or to pay consideration shown in allocation statements (e.g. ss 103(2)–(3), 121(2)–(3), 153F). The State may reimburse corporations for non‑commercial functions if directed (s.37(3)).\n\n- Compliance burden: transferees must manage bulk transfers of property and staff, implement corporate plans and reporting obligations, and comply with conditions attached to licences and mining/rehabilitation orders (e.g. s.47A re Mineral Resources Development Act applications). Title amendments and caveat adjustments require administrative coordination with land registries.\n\n\nOfficial stated purpose and testing it against trade‑offs\n\n- The Act’s stated purpose is to restructure the electricity supply industry (s.1). The mechanical effects support that: it dismantles and reallocates the SEC’s assets, establishes new corporates, and sets rules for how contracts, staff and land move.\n\n- Trade‑offs: the Act prioritises legal certainty and transaction efficiency for large transfers (certificate‑driven vesting, tax exemptions) at the price of greater executive control (Minister/Treasurer directions) and targeted reductions in transparency (FOI/Ombudsman exemptions). The distribution of costs shifts between State (guarantees, reimbursements) and transferees depending on how allocation statements and guarantees are structured (see s.29, s.90, s.37). The Act also substitutes statutory mechanisms for negotiated assignment, which reduces bargaining costs but can leave smaller third‑parties with limited leverage.\n\n\nKey provisions to note quickly\n\n- s.1 (purpose); s.26 (Minister/Treasurer may direct boards); ss 30–31 (director duties; Minister may recover profit/loss); Part 4 (Administrator powers and certificates); Parts 5, 9–11A/11AB/11AC (allocation and transfer rules for SEC, National Electricity, ESV, GV, LYP and nominated transferor companies); s.74 and equivalents (tax exemptions); ss 73, 108, 126, 145 (title amendments); ss 91A–91AB, s.153X (information/ombudsman exemptions); Parts 14–16 and Schedules 3–3C (land surrender/Crown grants and detailed local effects).\n\n\nBottom line: the Act is a detailed statutory framework that converts a public monopoly electricity utility into a set of distinct corporate entities by allocating assets, liabilities, contracts and staff, while centralising key political controls (Minister/Treasurer/Administrator), preserving contractual continuity, facilitating transactions through tax exemptions and certificates, and implementing substantial land‑title changes for specified areas. The measure reduces market and legal friction for transfers but increases executive control and, in some respects, reduces transparency in designated commercial processes."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The scope narrowed significantly from its original intent. As the Electricity Industry Act 1993, it was designed as the primary regulatory framework for Victoria's electricity sector. Following restructuring and privatisation, most substantive provisions were transferred to newer legislation, leaving this Act as a residual instrument covering only leftover obligations and historical matters — a much narrower role than originally intended."},"complexity_factors":["Historical context required — must understand Victoria's 1990s electricity privatisation to interpret provisions meaningfully","Renamed and heavily amended over time, requiring version tracking to understand current state","Residual nature means provisions are fragmented and lack a single coherent policy thread","Interaction with multiple successor electricity statutes creates cross-referencing complexity","Limited publicly available explanatory material given its age and niche scope"],"plain_english_summary":"The Electricity Industry (Residual Provisions) Act 1993 is a holding statute preserving leftover legal rights, obligations and administrative mechanisms from Victoria’s 1990s electricity restructuring that weren’t moved into later laws. \n\nIt mainly affects government agencies, legacy state-owned entities and lawyers handling historical industry matters; it ensures legal continuity and prevents gaps or disputes, but doesn’t change everyday consumer electricity services."},"kimi_summary":{"_metrics":{"completionTokens":887},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1993 purpose of restructuring the SEC. It now handles: transfers from multiple successor entities (National Electricity, ESV, Generation Victoria, Loy Yang Power, 'nominated transferor companies'); complex Latrobe Valley land dealings added in 1995-1997; mining licence provisions; and ongoing 'residual' matters after the Electricity Industry Act 2000 took over main regulation. The 2024 amendments (State Electricity Commission Amendment Act) show it's still being used to tidy up historical transfers, suggesting scope creep from temporary restructuring tool to permanent legislative repository for electricity industry transitional matters."},"complexity_factors":["Extensive amendment history with 30+ amending Acts over 30 years, creating layered and sometimes inconsistent provisions","Multiple overlapping transfer schemes in Parts 5, 9, 10, 11, 11A, 11AB, 11AC — each with slightly different rules for property, staff and liabilities","Heavy cross-referencing to other Acts (Former SEC (Residual Provisions) Act 1958, Electricity Industry Act 2000, Mineral Resources Development Act 1990, etc.)","Detailed land title schedules (Schedules 3, 3A, 3B, 3C) with hundreds of specific folio references and complex preservation rules for leases and easements","Conditional and time-bound provisions — many sections only apply before/after specific dates or 'relevant dates' fixed by Ministerial notice","Nested definitions and redefined terms (e.g., 'electricity corporation', 'former SEC', 'transferred property') that shift meaning across Parts","Extensive savings and transitional provisions in Schedule 4 mapping old provisions to new legislation","Ministerial and Treasurer discretion woven throughout — many powers require joint action, creating procedural complexity"],"plain_english_summary":"**What this legislation does**\n\nThis Act is the legal machinery that broke up Victoria's old State Electricity Commission (SEC) and reshaped the electricity industry. Originally passed in 1993, it has been amended dozens of times over 30+ years to handle the messy aftermath of privatisation and restructuring.\n\n**Key things it covers:**\n\n- **Breaking up the SEC**: The Act provides the legal framework for transferring property, staff, debts and contracts from the old SEC to new entities — first to \"Generation Victoria\" and other government bodies, then later to private companies.\n\n- **The Administrator**: Creates a special position (the Administrator) with powers to oversee these transfers, issue certificates about who owns what, and manage the process.\n\n- **Land deals in the Latrobe Valley**: Contains detailed provisions for surrendering Crown land, revoking old reservations, and granting new titles to power companies around Yallourn, Loy Yang and Hazelwood — including complex rules to preserve existing leases and easements.\n\n- **Staff transfers**: Sets up automatic transfer of employees from old entities to new ones, with protections for their existing terms and conditions.\n\n- **Tax exemptions**: Makes sure stamp duty and other taxes don't apply to these government-mandated transfers.\n\n- **Mining rights**: Special rules allowing generation companies to get mining licences for coal in the Latrobe area.\n\n- **Corporate governance**: Rules for how the new \"electricity corporations\" must operate — corporate plans, ministerial directions, director duties, dividend payments.\n\n**Who it affects**\n\n- Former SEC employees and their entitlements\n- Power companies (distribution, transmission, generation)\n- Landholders in the Latrobe Valley\n- Anyone with contracts or legal dealings with the old SEC\n\n**Why it matters**\n\nThis is essentially Victoria's \"electricity industry divorce settlement\" — the legal paperwork that unwound a century-old state monopoly and created the privatised, competitive market that exists today. The \"Residual Provisions\" name tells you it's the leftovers — the bits still needed after most of the industry was restructured under newer laws like the *Electricity Industry Act 2000*."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-industry-residual-provisions-act-1993","history":"/api/acts/electricity-industry-residual-provisions-act-1993/history","analysis":"/api/acts/electricity-industry-residual-provisions-act-1993/analysis","conflicts":"/api/acts/electricity-industry-residual-provisions-act-1993/conflicts","importantCases":"/api/acts/electricity-industry-residual-provisions-act-1993/important-cases","documents":"/api/acts/electricity-industry-residual-provisions-act-1993/documents"}}