{"id":"national-electricity-victoria-act-2005","name":"National Electricity (Victoria) Act 2005","slug":"national-electricity-victoria-act-2005","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176363,"registerId":"vic-national-electricity-victoria-act-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 2A","sectionType":"division","heading":"Feed-in tariff modifications 28","content":"Division 2A—Feed-in tariff modifications 28\n\n","sortOrder":0},{"sectionNumber":"16A","sectionType":"section","heading":"Solar feed-in credit obligation is a regulatory obligation or requirement 28","content":"16A Solar feed-in credit obligation is a regulatory obligation or requirement 28\n\n16AB Modification of National Electricity Rules for the purpose of transitional feed-in tariff scheme 30\n\n","sortOrder":1},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Metering 31","content":"Division 2B—Metering 31\n\n","sortOrder":2},{"sectionNumber":"16B","sectionType":"section","heading":"Disapplication of national smart meter rollout provisions 31","content":"16B Disapplication of national smart meter rollout provisions 31\n\n16BA Modification of National Electricity Rules to be consistent with advanced metering infrastructure Orders 31\n\nDivision 3—The f-factor scheme 32\n\n16C Order in Council for establishment of f‑factor scheme 32\n\n16D Functions and powers conferred and duties imposed on AER 36\n\n16E Application of NEL provisions after the Victorian distribution pricing determination end date 36\n\n16F Interrelationship between f‑factor determinations and distribution determinations 39\n\n16G Power of AER to request information relating to f‑factor determinations 39\n\nDivision 4—Application of pre-2011 service adjustment scheme and efficiency carryover mechanism 41\n\n16H Definitions 41\n\n16I Application 44\n\n16J Efficiency carryover mechanism is an efficiency benefit sharing scheme 44\n\n16K Modification of definition of regulatory control period for purposes of this Division 44\n\n16L Service adjustment is a service target performance incentive scheme 45\n\n16M Distribution pricing proposals 45\n\n16N Approval of distribution pricing proposals 47\n\n16O AER compliance with Tribunal decisions inconsistent with this Division 48\n\n16P Victorian DNSPs are not required to comply with AER decisions or determinations that are inconsistent with this Division 49\n\n","sortOrder":3},{"sectionNumber":"Div 5","sectionType":"division","heading":"Distribution network connections and retail customer connection arrangements 49","content":"Division 5—Distribution network connections and retail customer connection arrangements 49\n\n16Q Application of certain provisions of the National Electricity (South Australia) Act 1996—distribution network connections etc. 49\n\n","sortOrder":4},{"sectionNumber":"16R","sectionType":"section","heading":"Amendment of the National Electricity Rules 50","content":"16R Amendment of the National Electricity Rules 50\n\n","sortOrder":5},{"sectionNumber":"16S","sectionType":"section","heading":"Further modification of the amended National Electricity Rules 51","content":"16S Further modification of the amended National Electricity Rules 51\n\n16SA Modification relating to negotiated connection offers 52\n\n","sortOrder":6},{"sectionNumber":"16T","sectionType":"section","heading":"Transitional provisions for retail customer connection arrangements 52","content":"16T Transitional provisions for retail customer connection arrangements 52\n\n","sortOrder":7},{"sectionNumber":"Div 6","sectionType":"division","heading":"Wholesale electricity markets and network service providers 53","content":"Division 6—Wholesale electricity markets and network service providers 53\n\n16U Application of certain provisions of the National Electricity (South Australia) Act 1996—wholesale electricity markets and network service providers 53\n\n16V Regulations 53\n\nDivision 6A—Modification of distribution determination arrangements 54\n\nSubdivision 1—Preliminary 54\n\n16VA Definitions and interpretation 54\n\n","sortOrder":8},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Regulatory years for distribution determinations 57","content":"Subdivision 2—Regulatory years for distribution determinations 57\n\n16VB Meaning of regulatory year for the purposes of distribution determinations on and after 1 July 2021 57\n\n","sortOrder":9},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Extension of operation of 2016–2020 distribution determinations 58","content":"Subdivision 3—Extension of operation of 2016–2020 distribution determinations 58\n\n16VC Regulatory control period includes determination extension period 58\n\n16VD Pricing proposals for extended period of applicable 2016‑2020 distribution determinations 58\n\n","sortOrder":10},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Orders in Council relating to applicable distribution determinations 60","content":"Subdivision 4—Orders in Council relating to applicable distribution determinations 60\n\n16VE Order setting requirements for modifications and variations to certain instruments 60\n\n16VF Order modifying the National Electricity (Victoria) Law and Rules 62\n\n16VG General provisions apply to Orders under this Subdivision 62\n\n16VH Functions and powers conferred and duties imposed on AER 63\n\n16VI Effect of Orders under this Subdivision 63\n\n","sortOrder":11},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Application of modified rate of return instrument 64","content":"Subdivision 5—Application of modified rate of return instrument 64\n\n16VJ Application of modified 2018 rate of return instrument 64\n\n","sortOrder":12},{"sectionNumber":"Subdiv 6","sectionType":"subdivision","heading":"AER variations to applicable 2016–2020 distribution determinations 65","content":"Subdivision 6—AER variations to applicable 2016–2020 distribution determinations 65\n\n16VK AER variations to applicable 2016–2020 distribution determinations 65\n\n","sortOrder":13},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Other matters 66","content":"Subdivision 7—Other matters 66\n\n16VL Definitions 66\n\n16VM Failure to make a decision under the Law or Rules within time does not invalidate the decision 67\n\n16VN Failure to meet particular pricing proposal timeframe does not invalidate relevant distribution determinations 68\n\n16VO Failure to meet particular consultation timeframe does not invalidate relevant distribution determinations 68\n\n16VP Modified 2018 rate of return instrument may affect certain pre‑2018 AER economic regulatory decisions 69\n\n16VQ Validation of certain regulatory information notices served on Victorian DNSPs 69\n\nDivision 7—Modification of regulatory arrangements for specified declared transmission system augmentations and related services 70\n\n16W Definitions and interpretation 70\n\n16X Additional VicGrid functions 71\n\n16Y Order modifying regulatory arrangements relating to declared transmission system augmentations and related services 72\n\n16Z Matters that the Minister may have regard to in making an Order 80\n\n16ZA Consultation before the making of an Order 81\n\n16ZB Publication of reasons for the making of an Order 82\n\n16ZC Effect of Order 82\n\n16ZD Non-compliance with an Order enforceable under the Law 83\n\n16ZDA Court order in relation to contraventions of enforceable provisions 84\n\n16ZDB Undertakings as to damages and costs 86\n\n16ZE Recovery of augmentation related costs or non-network services costs specified in an Order 86\n\n16ZF Augmentation related costs or non‑network services costs are a pass through event 86\n\n16ZG Orders are not legislative instruments 87\n\n16ZH Authorisation of things done before commencement day as preparatory steps for making of Order 87\n\n16ZHA Special Orders relating to National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025 87\n\n16ZI Review of operation of Division 88\n\n16ZIA Certain requirements of Environment Effects Act 1978 not to apply to Orders 89\n\n","sortOrder":14},{"sectionNumber":"Div 8","sectionType":"division","heading":"Additional Victorian requirements for Ministerial T‑3 reliability instruments 89","content":"Division 8—Additional Victorian requirements for Ministerial T‑3 reliability instruments 89\n\n16ZJ Application of this Division 89\n\n16ZK Minister must have regard to certain matters in deciding whether to make a T‑3 reliability instrument 90\n\n16ZL Minister to consult the Premier and Treasurer before making a T-3 reliability instrument 91\n\n16ZM Minister must publish T-3 reliability instrument or variation and reasons in Government Gazette 91\n\n","sortOrder":15},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Modification of application of the National Electricity (Victoria) Law—VicGrid 92","content":"Part 3A—Modification of application of the National Electricity (Victoria) Law—VicGrid 92\n\n","sortOrder":16},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary 92","content":"Division 1—Preliminary 92\n\n16ZN Application 92\n\n","sortOrder":17},{"sectionNumber":"Div 2","sectionType":"division","heading":"Modifications conferring VicGrid functions and powers under the Law 92","content":"Division 2—Modifications conferring VicGrid functions and powers under the Law 92\n\n16ZO NEL definitions 92\n\n16ZP Declared network functions 94\n\n16ZQ Fees and charges 97\n\n16ZR Information gathering 97\n\n16ZS Protected information 99\n\n","sortOrder":18},{"sectionNumber":"Div 3","sectionType":"division","heading":"Other modifications related to conferral of VicGrid functions and powers under the Law 103","content":"Division 3—Other modifications related to conferral of VicGrid functions and powers under the Law 103\n\n16ZT Meaning of civil penalty provision and conduct provision 103\n\n16ZU Civil penalty amounts for breaches of civil penalty provisions 104\n\n16ZV Functions and powers of AER under the Law 104\n\n16ZW Manner in which AER performs AER economic regulatory functions or powers 104\n\n16ZX Applications for judicial review 105\n\n16ZY Definitions for the purposes of Division 3A of Part 6 105\n\n16ZZ Determination in the review 105\n\n16ZZA Assistance from AER, AEMO or VicGrid 105\n\n16ZZB Obligations under Rules to make payments 106\n\n16ZZC Definitions for the purposes of Part 7 107\n\n16ZZD Immunity in relation to failure to supply electricity 107\n\n16ZZE Schedule 2—Miscellaneous provisions relating to interpretation 108\n\nPart 4—Economic regulatory distribution functions transitional arrangements 109\n\n17 Definitions 109\n\n18 Meaning of distribution services 111\n\n19 Meaning of relevant regulatory duty 112\n\n20 Meaning of relevant regulatory function or power 112\n\n21 Specified distribution licence conditions 113\n\n22 Specified ESC code or guideline provisions 113\n\n22A Specified regulatory law or instrument provisions are ESC enforceable regulatory requirements 114\n\n23 Certain ESC regulatory functions, powers and duties conferred and imposed on the AER 114\n\n24 ESC ceases to have certain distribution system related regulatory functions, powers and duties 115\n\n25 Enforcement of Victorian distribution pricing determination and distribution licences by AER 116\n\n26 ESC cannot enforce Victorian pricing determination or certain distribution licence conditions 117\n\n27 AER may request amendment of distribution licences and distribution service related code or guideline 118\n\n27A AER determinations under the AMI Order 118\n\n28 Provision of information and assistance by ESC to the AER 120\n\n28A Provision of information and assistance by AER to the ESC 121\n\n29 Appeals against certain decisions or actions of the AER 122\n\n29A Interveners in appeals against decisions or determinations under the AMI Order 125\n\nPart 5—Victorian declared networks 127\n\nDivision 1—Ministerial declarations 127\n\n30 Declaration of declared transmission system 127\n\n31 Declaration of declared transmission system operator 127\n\nDivision 1A—Advisory functions 127\n\n31A Application of advisory functions 127\n\nDivision 2—Declared network functions 128\n\n32 Application of declared network functions 128\n\n33 Certain defined terms for the purposes of the National Electricity (Victoria) Law 128\n\nDivision 2A—Grid impact authorities 129\n\nSubdivision 1—Issue of grid impact authorities 129\n\n33A Application 129\n\n33B Decision on application 133\n\n33C Grid impact authority issued subject to conditions 134\n\nSubdivision 2—Amendment of grid impact authorities 135\n\n33D Application 135\n\n33E Decision on application 136\n\nSubdivision 3—Revocation of grid impact authorities 137\n\n33F Revocation of grid impact authority 137\n\nSubdivision 4—Miscellaneous 138\n\n33G Grid impact assessment guidelines 138\n\n33H Determination of fee for applications for grid impact authorities and amendments 139\n\nDivision 2B—REZ scheme declarations 140\n\n33I REZ scheme declaration 140\n\n33J Public consultation for the making of a REZ scheme declaration 142\n\nDivision 2C—REZ scheme authorities 142\n\nSubdivision 1—Issue of REZ scheme authorities 142\n\n33K Application 142\n\n33L Decision on application 146\n\n33M Content of REZ scheme authority 147\n\n33N REZ scheme authority issued subject to conditions 149\n\nSubdivision 2—Amendment of REZ scheme authorities 149\n\n33O Application 149\n\n33P Decision on application 150\n\nSubdivision 3—Revocation of REZ scheme authorities 151\n\n33Q Revocation of REZ scheme authority 151\n\nSubdivision 4—Miscellaneous 152\n\n33R Surrender of REZ scheme authority 152\n\n33S REZ scheme authority cannot be transferred without VicGrid consent 153\n\n33T VicGrid consent for transfer of REZ scheme authority 153\n\n33U Interest on unpaid REZ scheme fees 154\n\n33V Recovery of REZ scheme fees 154\n\nDivision 3—Regulatory arrangements 154\n\n34 Definitions 154\n\n35 Declaration of current connection agreements and current network agreements 156\n\n36 Ministerial specification of ESC code or guideline or provision under ESC code or guideline 156\n\n37 Current network agreements 157\n\n38 Current connection agreements 157\n\n39 Specified code or guidelines and specified VENCorp provisions 157\n\n40 Current VENCorp transmission determination 158\n\n41 VENCorp's negotiating framework and negotiated transmission service criteria 158\n\nDivision 4—Land access for augmentations 159\n\n42 Definition 159\n\n43 Model lease and licence 159\n\n44 Declared transmission system operator must provide access to land and premises 159\n\n45 Resolution of dispute arising from attempt to negotiate a lease or licence 160\n\n46 Termination of lease or licence 161\n\n47 General principles governing AER determinations 161\n\nDivision 5—Other matters 162\n\n48 Notice of change to declared transmission system operator 162\n\n50 Customer load shedding arrangements 163\n\nPart 6—Electricity transmission infrastructure planning 164\n\nDivision 1—Preliminary 164\n\n51 Definitions 164\n\nDivision 2—VicGrid 166\n\n53 Functions of VicGrid 166\n\n54 Ministerial declarations 168\n\n54A Excluded area Order 169\n\n54B Procedure for making excluded area Order 169\n\n55 Delegation 170\n\n55A Reports to Treasurer 171\n\n55B Half-yearly reports—reports and statements 172\n\n55C Half-yearly reports—inclusion of required information 172\n\n55D Status of VicGrid 173\n\n55E Immunity—general 173\n\n55F Immunity—failure to supply electricity 174\n\n55G Immunity—use of computer software 175\n\n55H Exemption from Freedom of Information Act 1982 175\n\nDivision 3—Victorian transmission planning objective 176\n\n56 What is the Victorian transmission planning objective? 176\n\nDivision 4—Victorian transmission plan guidelines 177\n\n57 Victorian transmission plan guidelines 177\n\n58 Effect of Victorian transmission plan guidelines 179\n\nDivision 5—Victorian transmission plan 179\n\n59 What is a Victorian transmission plan? 179\n\n60 Preparing and publishing Victorian transmission plan 182\n\n61 Updating Victorian transmission plan 183\n\n62 AEMO and service providers to have regard to Victorian transmission plan 183\n\nDivision 6—Renewable energy zones 184\n\n63 Declaration of renewable energy zones 184\n\n64 Procedure for making renewable energy zone Order 185\n\n65 Publication of renewable energy zone Order and statement of reasons 186\n\nDivision 8—General 187\n\n68 Agreements for AEMO to assist VicGrid 187\n\n68A Competition and Consumer Act and Competition Code 187\n\n68B Providing false or misleading information 189\n\nPart 7—Landholder payments 190\n\nDivision 1—Preliminary 190\n\n69 Definitions 190\n\nDivision 2—Land other than public land 192\n\n70 Determination of eligibility 192\n\n71 Initial payment 194\n\n72 Calculation of initial payment 195\n\n73 Subsequent payments 196\n\n74 Calculation of subsequent payments 197\n\nDivision 3—Public land 198\n\n75 Determination of eligibility—public land 198\n\n76 Initial payment—public land 200\n\n77 Subsequent payments—public land 201\n\n78 Calculation of subsequent payments—public land 202\n\nDivision 4—General 202\n\n79 Guidelines 202\n\n80 Transmission company notification requirements 203\n\n81 Waiver of entitlement to payment 204\n\n82 Transfer of interest in land subject to relevant transmission interest 204\n\n83 Overpayments 205\n\n84 Effect on compensation under other Acts 206\n\n85 Administration agreements 207\n\n85A Consolidated Fund appropriated for payments to eligible persons and for VicGrid's costs under this Part 208\n\n86 Review of decisions 208\n\n87 Delegation 208\n\nPart 8—The Funds 209\n\nDivision 1—The VicGrid Fund 209\n\n88 Establishment and structure of VicGrid Fund 209\n\n89 General account of VicGrid 209\n\n90 REZ scheme fee account of VicGrid 210\n\nDivision 2—The REZ Community Energy Fund 211\n\n91 Establishment and purpose of REZ Community Energy Fund 211\n\n92 Payments in and out of the REZ Community Energy Fund 212\n\n93 REZ Community Energy Fund program guidelines 213\n\nDivision 3—The Traditional Owners Fund 213\n\n94 Establishment and purpose of Traditional Owners Fund 213\n\n95 Payments in and out of the Traditional Owners Fund 214\n\nDivision 4—Miscellaneous 216\n\n96 VicGrid may invest funds 216\n\nPart 9—Review of community benefits framework 217\n\n97 Definitions 217\n\n98 Statements of expectations in relation to reviews under this Part 217\n\n99 Minister may direct VicGrid to cause an independent review to be conducted 218\n\n100 Initial review by VicGrid to conduct review of community benefits framework 218\n\n101 Independent reviews commissioned by VicGrid 218\n\n102 Public notification of independent review commissioned by VicGrid 219\n\nPart 10—Transitional and other provisions—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025 221\n\nDivision 1—Preliminary 221\n\n103 Application of Interpretation of Legislation Act 1984 221\n\nDivision 2—CEO VicGrid 221\n\n104 Definitions 221\n\n105 Administrative Office Head of VicGrid (AO) to be CEO of VicGrid 222\n\n106 Proceedings to which the CEO VicGrid was party 222\n\n107 Superseded references to CEO VicGrid 222\n\nDivision 3—AEMO 223\n\n108 Definitions 223\n\n109 Things done by AEMO 223\n\n110 Things commenced but not completed by AEMO 223\n\n111 Superseded references to AEMO that relate to AEMO's Victorian network functions 224\n\nDivision 4—Other provisions 224\n\n112 Consultation requirements for renewable energy zone Orders not to apply for specified Order 224\n\n113 Consultation requirements for REZ scheme declaration not to apply for certain REZ scheme declaration 225\n\n114 Consultation on initial grid impact assessment guidelines 225\n\n115 Victorian transmission plan and guidelines 225\n\n116 Pending determinations of eligibility—CEO VicGrid—landholder payment 226\n\n117 AEMO's revenue methodology to be VicGrid's revenue methodology 226\n\n118 AEMO's current pricing methodology to be VicGrid's pricing methodology 227\n\nDivision 5—Miscellaneous 229\n\n119 Regulations dealing with transitional matters 229\n\nPart 11—Transfer of property, rights and liabilities—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025 230\n\nDivision 1—Preliminary 230\n\n120 Definitions 230\n\nDivision 2—VicGrid (AO) 230\n\n121 Definitions 230\n\n122 Minister may fix relevant date 232\n\n123 Department Head to prepare allocation statement or statements 232\n\n124 Certificate of Department Head 233\n\n125 Property, rights and liabilities allocated in accordance with statement 233\n\n126 Allocation of property etc. subject to encumbrances 234\n\n127 Substitution of party to agreement 234\n\n128 Former Crown instruments 234\n\n129 Proceedings relating to former Crown property 235\n\n130 Proceedings to which VicGrid (AO) was a party 235\n\n131 Taxes 235\n\n132 Evidence 235\n\n133 Superseded references to VicGrid (AO) 236\n\nDivision 3—AEMO 236\n\n134 Definitions 236\n\n135 Application 237\n\n136 Minister may fix relevant date 238\n\n137 AEMO chief executive officer to prepare allocation statement or statements 238\n\n138 Certificate of AEMO chief executive officer 239\n\n139 Property, rights and liabilities allocated in accordance with statement 240\n\n140 Allocation of property etc. subject to encumbrances 240\n\n141 Substitution of party to agreement 240\n\n142 Former AEMO instruments 241\n\n143 Proceedings to which AEMO was a party 241\n\n144 Specific proceedings—former AEMO property 241\n\n145 VicGrid liable to pay AEMO criminal fines 242\n\n146 VicGrid liable to pay AEMO civil penalty amounts 242\n\n147 Taxes 243\n\n148 Evidence 243\n\nDivision 4—Miscellaneous 244\n\n149 Corporations Act displacement 244\n\n150 Validity of things done under this Part 244\n\nSchedule 1––Specified building block amounts applying to applicable Victorian distribution determinations 246\n\nSchedule 2—Amendment of National Electricity Rules 249\n\nSchedule 3—Transitional provisions for retail customer connection arrangements 316\n\nSchedule 4—Modifications for wholesale electricity markets and network service providers 323\n\nEndnotes 341\n\n1 General information 341\n\n2 Table of Amendments 343\n\n3 Explanatory details 348\n\n**Version No.** **038**\n\n**National Electricity (Victoria) Act 2005**\n\n**No. 8 of 2005**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":19},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":20},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe main purpose of this Act is to make provision in relation to the national electricity market.\n\n","sortOrder":21},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\nThis Act comes into operation on a day to be proclaimed.\n\n","sortOrder":22},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act—\n\nS. 3(1) def. of *2006–2010 distribution pricing determination* inserted by No. 66/2007 s. 3(a).\n\n***2006–2010 distribution pricing determination***—\n\n(a) means the determination of the ESC under Part 3 of the **Essential Services Commission Act 2001** made on 18 October 2005 applying to charges for connection to, and the use of, distribution systems in Victoria (as amended in accordance with the decision of the appeal panel (within the meaning of the **Essential Services Commission Act 2001**) on 17 February 2006); and\n\n(b) includes amendments made to that determination before the commencement of section 5 of the **National Electricity (Victoria) Amendment Act 2007**;\n\nS. 3(1) def. of *approved consultation and engagement plan* inserted by No. 38/2025 s. 32.\n\n***approved consultation and engagement plan*** means a consultation and engagement plan approved under section 33B or 33L;\n\nS. 3(1) def. of *CEO VicGrid* inserted by No. 15/2024 s. 4, repealed by No. 38/2025 s. 8(1).\n\nS. 3(1) def. of *Connection Applicant* inserted by No. 38/2025 s. 32.\n\n***Connection Applicant*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *connection point* inserted by No. 38/2025 s. 32.\n\n***connection point*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *consultation and engagement plan* inserted by No. 38/2025 s. 32.\n\n***consultation and engagement plan*** means a plan mentioned in section 33A(2)(b) or 33K(3);\n\nS. 3(1) def. of *Department* inserted by No. 10/2020 s. 3, amended by No. 24/2023 s. 4.\n\n***Department*** means Department of Energy, Environment and Climate Action;\n\nS. 3(1) def. of *Distribution Network Service Provider* inserted by No. 38/2025 s. 8(2).\n\n***Distribution Network Service Provider*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *eligible facility* inserted by No. 38/2025 s. 32.\n\n***eligible facility*** means a facility which includes, as part of the facility, an eligible generating system or eligible integrated resource system;\n\nS. 3(1) def. of *eligible generating system* inserted by No. 38/2025 s. 32.\n\n***eligible generating system*** means a kind of renewable energy generating system declared under a REZ scheme declaration as an eligible generating system;\n\nS. 3(1) def. of *eligible integrated resource system* inserted by No. 38/2025 s. 32.\n\n***eligible integrated resource system*** means a kind of integrated resource system declared under a REZ scheme declaration as an eligible integrated resource system;\n\nS. 3(1) def. of *Essential Services Commission* or *ESC* inserted by No. 66/2007 s. 3(a).\n\n***Essential Services Commission*** or ***ESC*** means the Essential Services Commission established under section 7 of the **Essential Services Commission Act 2001**;\n\nS. 3(1) def. of *facility* inserted by No. 38/2025 s. 32.\n\n***facility*** means a facility under Chapter 5 of the National Electricity Rules;\n\nS. 3(1) def. of *generating system* inserted by No. 38/2025 s. 32.\n\n***generating system*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *Generator* inserted by No. 38/2025 s. 32.\n\n***Generator*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *grid impact assessment guidelines* inserted by No. 38/2025 s. 32.\n\n***grid impact assessment guidelines***—see section 33G;\n\nS. 3(1) def. of *grid impact authority* inserted by No. 38/2025 s. 32.\n\n***grid impact authority*** means an authority issued under section 33B and includes a grid impact authority amended under section 33E;\n\nS. 3(1) def. of *grid impact authority applicant* inserted by No. 38/2025 s. 32, amended by No. 9/2026 s. 17(1).\n\n***grid impact authority applicant*** means a person referred to under section 33A(1) or (1A);\n\nS. 3(1) def. of *grid impact authority holder* inserted by No. 38/2025 s. 32.\n\n***grid impact authority holder*** means a person to whom a grid impact authority has been issued;\n\nS. 3(1) def. of *Integrated Resource Provider* inserted by No. 38/2025 s. 32.\n\n***Integrated Resource Provider*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *integrated resource system* inserted by No. 38/2025 s. 32.\n\n***integrated resource system*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *nameplate rating* inserted by No. 38/2025 s. 32.\n\n***nameplate rating*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *National Electricity Rules* inserted by No. 38/2025 s. 4(c).\n\n***National Electricity Rules*** means the National Electricity Rules within the meaning of the National Electricity (Victoria) Law having the force of law in Victoria subject to this Act and the regulations;\n\nS. 3(1) def. of *National Electricity (Victoria) Law* amended by No. 38/2025 s. 4(a).\n\n***National Electricity (Victoria) Law*** means the provisions applying, subject to this Act and the regulations, because of section 6 of this Act;\n\nS. 3(1) def. of *National Electricity (Victoria) Regulations* amended by Nos 66/2007 s. 3(b), 38/2025 s. 4(b).\n\n***National Electricity (Victoria) Regulations*** means the provisions applying, subject to this Act and the regulations, because of section 7 of this Act;\n\nS. 3(1) def. of *renewable energy zone* inserted by No. 38/2025 s. 32.\n\n***renewable energy zone*** means an area declared in a renewable energy zone Order;\n\nS. 3(1) def. of *renewable energy zone Order* inserted by No. 38/2025 s. 32.\n\n***renewable energy zone Order*** means an Order made under section 63;\n\nS. 3(1) def. of *REZ scheme authority* inserted by No. 38/2025 s. 32.\n\n***REZ scheme authority*** means an authority issued under section 33L and includes a REZ scheme authority amended under section 33P;\n\nS. 3(1) def. of *REZ scheme authority applicant* inserted by No. 38/2025 s. 32.\n\n***REZ scheme authority applicant*** means a person referred to in section 33K(1);\n\nS. 3(1) def. of *REZ scheme authority holder* inserted by No. 38/2025 s. 32.\n\n***REZ scheme authority holder*** means a person to whom a REZ scheme authority has been issued;\n\nS. 3(1) def. of *REZ scheme declaration* inserted by No. 38/2025 s. 32.\n\n***REZ scheme declaration*** means a declaration made under section 33I;\n\nS. 3(1) def. of *REZ scheme fee* inserted by No. 38/2025 s. 32.\n\n***REZ scheme fee*** means the fee determined and published under the regulations that is payable by a REZ scheme authority holder;\n\nS. 3(1) def. of *stand-alone power system* inserted by No. 33/2021 s. 16.\n\n***stand-alone power system*** has the same meaning as in section 6B(6) of the National Electricity (Victoria) Law;\n\nS. 3(1) def. of *system change* inserted by No. 38/2025 s. 32.\n\n***system change***, in relation to a facility, means a change to the facility to increase the capacity of a generating system or integrated resource system forming part of the facility;\n\nS. 3(1) def. of *Tariff Order* inserted by No. 66/2007 s. 3(c).\n\n***Tariff Order***  has the same meaning as in the **Electricity Industry Act 2000**;\n\nS. 3(1) def. of *traditional owner* inserted by No. 38/2025 s. 32.\n\n***traditional owner***  has the same meaning as in the **Aboriginal Heritage Act 2006**;\n\nS. 3(1) def. of *Transmission Network Service Provider* inserted by No. 38/2025 s. 8(2).\n\n***Transmission Network Service Provider*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\nS. 3(1) def. of *VicGrid* inserted by No. 38/2025 s. 8(2).\n\n***VicGrid*** means VicGrid Body Corporate established under an Order in Council under section 14 of the **State Owned Enterprises Act 1992** on 15 April 2025;\n\nS. 3(1) def. of *Victorian distribution pricing determination* inserted by No. 66/2007 s. 3(c).\n\n***Victorian distribution pricing determination*** means—\n\n(a) the 2006–2010 distribution pricing determination as amended from time to time; or\n\n(b) a determination under Part 3 of the **Essential Services Commission Act 2001** or the Tariff Order applying to charges for connection to, and the use of, distribution systems in Victoria that revokes and substitutes—\n\n(i) the 2006–2010 distribution pricing determination; or\n\n(ii) a determination applying to charges for connection to, and the use of, distribution systems in Victoria—\n\nas amended from time to time.\n\n(2) Words and expressions used in the National Electricity (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.\n\n","sortOrder":23},{"sectionNumber":"4","sectionType":"section","heading":"Crown to be bound","content":"\t4 Crown to be bound\n\nThis Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations bind 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":24},{"sectionNumber":"5","sectionType":"section","heading":"Extra-territorial operation","content":"  5 Extra-territorial operation\n\nIt is the intention of the Parliament that the operation of this Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations 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":25},{"sectionNumber":"Part 2","sectionType":"part","heading":"National Electricity (Victoria) Law and National Electricity (Victoria) Regulations","content":"Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations\n\n","sortOrder":26},{"sectionNumber":"6","sectionType":"section","heading":"Application in Victoria of the National Electricity Law","content":"\t6 Application in Victoria of the National Electricity Law\n\nThe National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force for the time being—\n\n(a) applies as a law of Victoria; and\n\n(b) as so applying may be referred to as the National Electricity (Victoria) Law.\n\n","sortOrder":27},{"sectionNumber":"7","sectionType":"section","heading":"Application of Regulations under National Electricity Law","content":"\t7 Application of Regulations under National Electricity Law\n\nThe Regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia—\n\n(a) apply as Regulations in force for the purposes of the National Electricity (Victoria) Law; and\n\n(b) as so applying may be referred to as the National Electricity (Victoria) Regulations.\n\n\t8 Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations\n\n(1) In the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations—\n\n***Legislature of this jurisdiction*** means the Parliament of Victoria;\n\n***the jurisdiction*** or ***this jurisdiction*** means the State of Victoria;\n\n***the National Electricity Law*** or ***this Law*** means the National Electricity (Victoria) Law.\n\n(2) The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—\n\n(a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia in its application as a law of Victoria; or\n\n(b) the regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia in their application as Regulations in force for the purposes of the National Electricity (Victoria) Law.\n\n\t9 Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules\n\nExcept as otherwise provided in section 59(1) of the National Electricity (Victoria) Law, proceedings may not be instituted in a relevant court in respect of a breach of a provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules that is not an offence provision by any person (other than the AER).\n\n","sortOrder":28},{"sectionNumber":"10","sectionType":"section","heading":"National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation","content":"\t10 National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation\n\n(1) The Governor in Council, by Order published in the Government Gazette, may declare the provisions of the National Electricity (Victoria) Law or of the National Electricity Rules, or specified provisions of that Law or those Rules, to be relevant legislation for the purposes of section 10 of the **Essential Services Commission Act 2001**.\n\n(2) On the commencement of an Order under subsection (1) the provisions declared in the Order are, despite anything to the contrary in the **Essential Services Commission Act 2001**, to be taken to be relevant legislation for the purposes of section 10 of that Act.\n\nBy operation of section 7A(b) of the **Electricity Industry Act 2000** the electricity industry is a regulated industry for the purposes of the **Essential Services Commission Act 2001**.\n\nS. 11 amended by No. 66/2007 s. 6, repealed by No. 23/2009 s. 3, new s. 11 inserted by No. 74/2010 s. 29.\n\n","sortOrder":29},{"sectionNumber":"11","sectionType":"section","heading":"Personal Property Securities","content":"\t11 Personal Property Securities\n\nFor the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, registration under the National Electricity (Victoria) Law is declared not to be personal property.\n\nS. 11A inserted by No. 24/2016 s. 3.\n\n","sortOrder":30},{"sectionNumber":"11A","sectionType":"section","heading":"Extension of AER functions and powers","content":"\t11A Extension of AER functions and powers\n\nWithout limiting section 6, the following provisions of the National Electricity (Victoria) Law apply as laws of Victoria as if a reference in any such provision to the Law included a reference to regulations made under this Act—\n\n(a) Parts 3 and 6 and Schedule 2;\n\n(b) any other provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules prescribed by the regulations for the purposes of this section.\n\nS. 11B inserted by No. 24/2016 s. 3.\n\n","sortOrder":31},{"sectionNumber":"11B","sectionType":"section","heading":"Prescription of provisions of the regulations as civil penalty provisions","content":"\t11B Prescription of provisions of the regulations as civil penalty provisions\n\n(1) The regulations may prescribe a provision of the regulations as a civil penalty provision.\n\n(2) A reference in the National Electricity (Victoria) Law or the National Electricity (Victoria) Regulations to a civil penalty provision is taken to include a reference to a provision prescribed under subsection (1).\n\n(3) Subsection (2) applies despite anything to the contrary in the National Electricity (Victoria) Law.\n\n","sortOrder":32},{"sectionNumber":"12","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t12 Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 9 to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 12A inserted by No. 24/2016 s. 4.\n\n","sortOrder":33},{"sectionNumber":"12A","sectionType":"section","heading":"Regulations","content":"\t12A Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act.\n\n(2) Without limiting subsection (1), regulations may be made under that subsection for or with respect to—\n\n(a) the undergrounding, relocation, modification, replacement or removal of distribution systems, including—\n\n(i) proposals for the undergrounding, relocation, modification, replacement or removal of distribution systems; and\n\n(ii) requiring a distribution company which receives a proposal for the undergrounding, relocation, modification, replacement or removal of a distribution system to make an offer to underground, relocate, modify, replace or remove a distribution system;\n\n(b) the content of proposals referred to in paragraph (a)(i) or offers referred to in paragraph (a)(ii), including the price of, or an estimate of costs to be incurred for, the undergrounding, relocation, modification, replacement or removal of a distribution system;\n\n(c) the determination, calculation, allocation or breakdown of a price or costs referred to in paragraph (b) or allocation or apportionment of costs referred to in that paragraph;\n\n(d) requiring a distribution company to call for tenders for the performance of—\n\n(i) works to augment or extend a distribution system for the purpose of connecting generating units or customer premises to the system and associated works;\n\n(ii) works arising out of an offer to underground, relocate, modify, replace or remove a distribution system and associated works;\n\n(e) the development or adoption of tender policies, or compliance with tender policies, by a distribution company, for the performance of works referred to in paragraph (d);\n\n(f) the content of tender policies referred to in paragraph (e) including—\n\n(i) the price, or the estimated costs, of the works; and\n\n(ii) procedures for dealing with and resolving disputes that may arise in relation to the performance of the works;\n\nS. 12A(2)(g) amended by No. 33/2021 s. 17(1)(a).\n\n(g) the public availability of tender policies referred to in paragraph (e);\n\nS. 12A(2)(gaa) inserted by No. 38/2025 s. 54(1).\n\n(gaa) prescribed maximum amounts referred to in section 55E(2);\n\nS. 12A(2)(ga) inserted by No. 15/2024 s. 5.\n\n(ga) prescribing requirements for the purposes of section 57(4)(d);\n\nS. 12A(2)(gab) inserted by No. 38/2025 s. 54(2).\n\n(gab) fees payable by REZ scheme authority holders, including—\n\n(i) the determination of such fees;\n\n(ii) the methodology and variables to be applied to determine such fees;\n\n(iii) the process for determining such fees;\n\n(iv) the publication of such fees;\n\n(v) the reduction, waiver or refund, in whole or in part, of such fees;\n\n(vi) the administration of the collection of such fees;\n\n(vii) the review of such fees;\n\nS. 12A(2)(gb) inserted by No. 15/2024 s. 9.\n\n(gb) applications for eligibility under Part 7;\n\nS. 12A(2)(gc) inserted by No. 15/2024 s. 9.\n\n(gc) processes and requirements for making any payments or giving notice under Part 7;\n\nS. 12A(2)(gd) inserted by No. 15/2024 s. 9.\n\n(gd) processes and requirements for payments between the transferor and transferee of interests in land that are subject to relevant transmission interests for the purposes of Part 7;\n\nS. 12A(2)(ge) inserted by No. 38/2025 s. 54(3).\n\n(ge) the administration of a fund established under Part 8;\n\nS. 12A(2)(gf) inserted by No. 38/2025 s. 54(3).\n\n(gf) the auditing of a fund established under Part 8;\n\nS. 12A(2)(gh) inserted by No. 38/2025 s. 54(3).\n\n(gh) financial reporting in relation to a fund established under Part 8;\n\nS. 12A(2)(h) inserted by No. 33/2021 s. 17(1)(b).\n\n(h) providing that the following form part of the national electricity system (a ***regulated stand-alone power system***)—\n\n(i) a particular stand-alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator;\n\n(ii) a stand-alone power system, which consists of a distribution system owned, controlled or operated, or proposed to be owned, controlled or operated, by a regulated distribution system operator, that belongs to a particular class of stand-alone power systems.\n\nS. 12A(2A) inserted by No. 33/2021 s. 17(2).\n\n(2A) Without limiting subsection (2)(h), regulations made under this section may provide that a particular stand-alone power system, or a class of stand-alone power systems, forms part of the national electricity system by reference to—\n\n(a) the particular geographic area in which the stand-alone power system, or class of stand-alone power systems, is or will be located; or\n\n(b) the regulated distribution system operator that owns, controls or operates, or proposes to own, control or operate, the stand-alone power system or class of stand-alone power systems; or\n\n(c) whether the stand-alone power system, or class of stand-alone power systems, complies with any requirements specified by the Rules.\n\nS. 12A(2B) inserted by No. 38/2025 s. 54(4).\n\n(2B) Without limiting subsection (1), regulations may be made under that subsection that—\n\n(a) modify the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules for the purposes of or to give effect to—\n\n(i) the amendments made to this Act by the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025**;\n\n(ii) the repeal of any provision of this Act by the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025**;\n\n(b) modify the National Electricity Rules for or with respect to—\n\n(i) requirements to be met before a connection to the declared transmission system for a generating system or integrated resource system can be established;\n\n(ii) requirements to be met before a change to a facility with a generating system or integrated resource system that is connected to the declared transmission system may be carried out;\n\n(iii) augmentations of the declared transmission system, including the procurement of augmentations of the declared transmission system;\n\n(iv) preparation and publication of guidelines and procedures relating to augmentations of the declared transmission system, including the procurement of augmentations of the declared transmission system;\n\n(v) the deeming of the performance of specified functions of VicGrid as the provision of prescribed common transmission services by VicGrid;\n\n(vi) the imposition, publication and recovery of fees and charges by VicGrid relating to the performance of specified functions of VicGrid;\n\n(vii) the assets that must be treated as forming part of the regulatory asset base of the declared transmission system for the purposes of a transmission determination for a Transmission Network Service Provider providing prescribed transmission services by means of the declared transmission system, including whether augmentations of the declared transmission system before the commencement of this subparagraph must be treated as forming part of the regulatory asset base;\n\n(viii) the classification, as protected information, of information given to VicGrid in connection with the performance of a function or power under the National Electricity (Victoria) Law or the Rules or the performance of a REZ planning function or landholder payment function;\n\n(ix) the authorisation of disclosure of protected information by VicGrid;\n\n(3) Regulations made under this section may—\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person or body whether—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published or amended from time to time;\n\nS. 12A(3)(d) amended by No. 33/2021 s. 17(3)(a), substituted by No. 38/2025 s. 54(5).\n\n(d) confer a function, power or discretionary authority or impose a duty on any person;\n\nS. 12A(3)(e) amended by No. 33/2021 s. 17(3)(a), substituted by No. 38/2025 s. 54(5).\n\n(e) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any person;\n\nS. 12A(3)(ea) inserted by No. 33/2021 s. 17(3)(b).\n\n(ea) direct the ESC to make amendments to any instrument made by the ESC to give effect to any matter specified in the regulations;\n\nS. 12A(3)(eb) inserted by No. 33/2021 s. 17(3)(b).\n\n(eb) modify the application of a specified provision of the National Electricity (Victoria) Law or the Rules for and with respect to a regulated stand-alone power system or a class of regulated stand-alone power systems;\n\n(f) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(i) whether unconditionally or on specified conditions; or\n\n(ii) either wholly or to such an extent as is specified.\n\n(4) Regulations made for or in relation to the content of proposals for the undergrounding, relocation, modification, replacement or removal of distribution systems, or the content of tenders for the performance of works referred to in subsection (2)(d), have effect according to their tenor despite anything to the contrary in any agreement or contract.\n\n***costs*** includes avoided costs;\n\nS. 12A(5) def. of *distribution company* amended by No. 38/2025 s. 54(6)(a).\n\n***distribution company*** has the same meaning as in the **Electricity Industry Act 2000**;\n\nS. 12A(5) def. of *modify* inserted by No. 38/2025 s. 54(6)(b).\n\n***modify*** includes add, omit or substitute.\n\nNew Pt 3 (Heading and amended by No. 38/2025 s. 5.\n\nPt 3 (Heading and ss 13–16) repealed by No. 28/2007 s. 3(Sch. item 44), new Pt 3 (Heading and ss 13–16) inserted by No. 66/2007 s. 4.\n\n","sortOrder":34},{"sectionNumber":"Part 3","sectionType":"part","heading":"General modification of application of the National Electricity Law","content":"Part 3—General modification of application of the National Electricity Law\n\nPt 3 Div. 1 (Heading) inserted by No. 55/2010 s. 39.\n\nDivision 1—Interpretation\n\nNew s. 13 inserted by No. 66/2007 s. 4.\n\n","sortOrder":35},{"sectionNumber":"13","sectionType":"section","heading":"Definitions","content":"\t13 Definitions\n\nS. 13 def. of *Country Fire Authority* inserted by No. 55/2010 s. 40.\n\n***Country Fire Authority*** means the Country Fire Authority appointed under the **Country Fire Authority Act 1958**;\n\nS. 13 def. of *Distribution Network Service Provider* inserted by No. 55/2010 s. 40.\n\n***Distribution Network Service Provider*** has the same meaning as in the National Electricity Rules;\n\nS. 13 def. of *Energy Safe Victoria* inserted by No. 55/2010 s. 40, substituted byNo. 4/2020 s. 56.\n\n***Energy Safe Victoria*** has the same meaning as it has in the **Energy Safe Victoria Act 2005**;\n\n*f-factor amount determination* inserted by No. 55/2010 s. 40.\n\n***f-factor amount determination*** means a determination made by the AER in accordance with an Order under section 16C(1)(b);\n\n*f-factor scheme* *determination* inserted by No. 55/2010 s. 40.\n\n***f-factor scheme*** ***determination*** means a determination made by the AER in accordance with an Order under section 16C(1)(a);\n\n*Fire Rescue Victoria* inserted by No. 20/2019 s. 185(3).\n\n***Fire Rescue Victoria*** means Fire Rescue Victoria established under the **Fire Rescue Victoria Act 1958**;\n\n*first distribution determination period* inserted by No. 55/2010 s. 40.\n\n***first distribution determination period*** means the period—\n\n(a) commencing on the day after the day that is the Victorian distribution pricing determination end date; and\n\n(b) ending on—\n\n(i) 31 December 2015; or\n\n(ii) for a distribution determination that continues to be in force after that date, the date on which that distribution determination ceases to be in force;\n\n*Metropolitan Fire and Emergency Services Board* inserted by No. 55/2010 s. 40, repealed by No. 20/2019 s. 185(1).\n\n***NEL*** means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force for the time being;\n\n*relevant entity* inserted by No. 55/2010 s. 40, amended by Nos 70/2013 s. 4(Sch. 2 item 33), 20/2019 s. 185(2), 38/2025 s. 55.\n\n***relevant entity*** means—\n\n(a) the Secretary to the Department of Energy, Environment and Climate Action; or\n\n(b) Energy Safe Victoria; or\n\n(c) the Country Fire Authority; or\n\n(d) Fire Rescue Victoria;\n\n*service target performance incentive scheme* inserted by No. 55/2010 s. 40.\n\n***service target performance incentive scheme*** has the same meaning as in the National Electricity Rules;\n\n***Victorian distribution pricing determination end date*** means—\n\n(a) 31 December 2010; or\n\n(b) if a Victorian distribution pricing determination provides that it will cease to have effect on a later date—that date.\n\nPt 3 Div. 2 (Heading) inserted by No. 55/2010 s. 41, amended by No. 38/2025 s. 6.\n\nDivision 2—Initial general modifications\n\nNew s. 14 inserted by No. 66/2007 s. 4.\n\n","sortOrder":36},{"sectionNumber":"14","sectionType":"section","heading":"NEL provisions providing for access to distribution services do not apply during specified period","content":"\t14 NEL provisions providing for access to distribution services do not apply during specified period\n\n(1) Despite section 6, during the specified period—\n\n(a) section 2A, Division 3B of Part 6, Part 10 and section 157 of the NEL (as each of those provisions apply to access to services provided by means of a distribution system, or connection to a distribution system) do not apply as a law of Victoria; and\n\n(b) a Rule made for the purposes of any provision referred to in paragraph (a) does not have the force of law in Victoria.\n\n***specified period*** means the period—\n\n(a) commencing on the day section 46 of the National Electricity (South Australia) (National Electricity  \nLaw—Miscellaneous Amendments) Amendment Act 2007 of South Australia commences operation; and\n\n(b) ending on the  Victorian distribution pricing determination end date.\n\nNew s. 15 inserted by No. 66/2007 s. 4.\n\n","sortOrder":37},{"sectionNumber":"15","sectionType":"section","heading":"Modification of application of National Electricity Law and National Electricity Rules by Order","content":"\t15 Modification of application of National Electricity Law and National Electricity Rules by Order\n\n(1) The Minister, by Order published in the Government Gazette, may declare that, despite section 6—\n\n(a) a provision of the NEL that relates to the economic regulation of the provision of distribution services—\n\n(i) does not apply as a law of Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date);\n\n(ii) ceases to apply as a law of Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date);\n\n(iii) applies as a law of Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date);\n\n(b) a provision of the National Electricity Rules that relates to the economic regulation of the provision of distribution services—\n\n(i) does not have the force of law in Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date);\n\n(ii) ceases to have the force of law in Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date);\n\n(iii) has the force of law in Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date).\n\n(2) Despite section 6—\n\n(a) the NEL applies as a law of Victoria subject to any Order under subsection (1) that is in force;\n\n(b) the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force.\n\nNew s. 16 inserted by No. 66/2007 s. 4.\n\n\t16 Role of National Electricity Law and Rules in relation to distribution determinations and Victorian distribution pricing determinations\n\n(1) To avoid doubt, nothing in this Part is to be taken as preventing the making of a distribution determination under—\n\n(a) the NEL as it applies as a law of Victoria under this Act; and\n\n(b) the National Electricity Rules as they have the force of law in Victoria under this Act—\n\nthat takes effect after the Victorian distribution pricing determination end date.\n\n(2) To avoid doubt, nothing in this Part is to be taken as preventing the AER (before, on or after the Victorian distribution pricing determination end date) performing a function or duty, or exercising a power, for the purposes of making a distribution determination under—\n\n(a) the NEL as it applies as a law of Victoria under this Act; and\n\n(b) the National Electricity Rules as they have the force of law in Victoria under this Act—\n\nthat takes effect after the Victorian distribution pricing determination end date.\n\n(3) Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the provisions of that Law and those Rules that relate to the economic regulation of the provision of distribution services do not apply to a Victorian distribution pricing determination.\n\n(a) the AER cannot perform any function or duty, or exercise any power, under a provision of the National Electricity (Victoria) Law or the National Electricity Rules that relates to the economic regulation of the provision of distribution services under a Victorian distribution pricing determination; and\n\n(b) a Victorian distribution pricing determination is not a distribution determination for the purposes of the National Electricity (Victoria) Law or the National Electricity Rules.\n\n***distribution services*** has the same meaning as in Chapter 10 of the National Electricity Rules.\n\nPt 3 Div. 2A (Heading) inserted by No. 11/2013 s. 11.\n\nDivision 2A—Feed-in tariff modifications\n\nS. 16A inserted by No. 41/2009 s. 15.\n\n\t16A Solar feed-in credit obligation is a regulatory obligation or requirement\n\n(1) During the relevant solar feed-in tariff period for a regulated distribution system operator that is a distribution company—\n\n(a) Division 5A of Part 2 of the **Electricity Industry Act 2000** is deemed to be an Act of this jurisdiction that relates to the protection of the environment referred to in section 2D(1)(b)(iv) of the National Electricity (Victoria) Law; and\n\n(b) the solar feed-in credit obligation  is deemed to be an obligation under the **Electricity Industry Act 2000**.\n\n***distribution company*** has the same meaning as the **Electricity Industry Act 2000**;\n\nS. 16A(2) def. of *distribution obligation period* amended as *distributor obligation period* by No. 64/2011 s. 23(a).\n\n***distributor obligation period*** has the same meaning as in section 40F(1) of the **Electricity Industry Act 2000**;\n\nS. 16A(2) def. of *distributor TFiT obligation period* inserted by No. 64/2011 s. 23(d).\n\n***distributor TFiT obligation period*** has the same meaning as in section 40F(1) of the **Electricity Industry Act 2000**;\n\nS. 16A(2) def. of *relevant solar feed-in tariff period* amended by No. 64/2011 s. 23(b).\n\n***relevant solar feed-in tariff period***, for a regulated distribution system operator that is a distribution company, means the period—\n\n(a) commencing on the day after the Victorian distribution pricing determination end date; and\n\n(b) ending on—\n\n(i) in the case of the solar feed-in credit obligation, the day the distributor obligation period that applies to that operator ends;\n\n(ii) in the case of the TFiT feed-in credit obligation, the day the TFiT distributor obligation period that applies to that operator ends;\n\nS. 16A(2) def. of  \n*solar feed-in credit obligation* amended by No. 64/2011 s. 23(c).\n\n***solar feed-in credit obligation*** means an obligation on a regulated distribution system operator that is a distribution company arising because of section 40FH(2) of the **Electricity Industry Act 2000**;\n\nS. 16A(2) def. of  \n*TFiT feed-in credit obligation* inserted by No. 64/2011 s. 23(d).\n\n***TFiT feed-in credit obligation*** means an obligation on a regulated distribution system operator that is a distribution company arising because of section 40FH(2A) of the **Electricity Industry Act 2000**.\n\nS. 16AB inserted by No. 64/2011 s. 24.\n\n\t16AB Modification of National Electricity Rules for the purpose of transitional feed-in tariff scheme\n\nDespite section 6, the National Electricity Rules have the force of law in Victoria as if after rule 6.18.7A(e)(1)(iv) of the Rules there were inserted—\n\n\"(v) Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011 (Vic);\".\n\nPt 3 Div. 2B (Heading) inserted by No. 11/2013 s. 12.\n\nDivision 2B—Metering\n\nS. 16B inserted by No. 55/2010 s. 38.\n\n\t16B Disapplication of national smart meter rollout provisions\n\nDespite section 6—\n\n(a) Part 8A of the NEL does not apply as a law of Victoria; and\n\n(b) any Rule made for the purposes of that Part does not have the force of law in Victoria.\n\nS. 16BA inserted by No. 11/2013 s. 13.\n\n\t16BA Modification of National Electricity Rules to be consistent with advanced metering infrastructure Orders\n\n(1) The Minister, by Order published in the Government Gazette, may declare that—\n\n(a) a provision of Chapter 7 of the National Electricity Rules—\n\n(i) does not have the force of law in Victoria;\n\n(ii) has the force of law in Victoria subject to modifications, if any, specified in the Order;\n\n(b) Rule 6.18 of the National Electricity Rules has the force of law in Victoria subject to the modifications specified in the Order.\n\n(2) The Minister may make an Order under subsection (1)(a) or (b) for the purpose of any matter necessary or consequential on the making of an Order under Division 6A of Part 2 of the **Electricity Industry Act 2000**.\n\n(3) Despite section 6, the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force.\n\nPt 3 Div. 3 (Heading and ss 16C–16G) inserted by No. 55/2010 s. 42.\n\nDivision 3—The f-factor scheme\n\nS. 16C inserted by No. 55/2010 s. 42.\n\n","sortOrder":38},{"sectionNumber":"16C","sectionType":"section","heading":"Order in Council for establishment of f‑factor scheme","content":"\t16C Order in Council for establishment of f‑factor scheme\n\n(1) The Governor in Council, by Order published in the Government Gazette, for the purpose of reducing the risk of fire starts and reducing the risk of loss or damage caused by fire starts, may confer functions and powers, or impose duties, on the AER to make—\n\n(a) a determination for the purpose of providing incentives for Distribution Network Service Providers to reduce the risk of fire starts and reduce the risk of loss or damage caused by fire starts;\n\n(b) a determination for each year of the first distribution determination period specifying an amount that is to be treated as a positive pass through amount or a negative pass through amount for the purposes of Chapter 6 of the National Electricity Rules.\n\n(2) Without limiting subsection (1), an Order under that subsection may—\n\n(a) specify how the AER is to make, publish, implement and administer an f‑factor scheme determination and an f‑factor amount determination;\n\n(b) specify the kinds of fire starts to be covered by an f‑factor scheme determination or require the AER to determine the kinds of fire starts to be covered by an f‑factor scheme determination;\n\n(c) require the AER, before making an f‑factor scheme determination, to consult with one or more of the following—\n\n(i) the Minister;\n\n(ii) a Distribution Network Service Provider;\n\n(iii) a relevant entity;\n\n(iv) any other person whose interests are affected and who is specified as a person with whom the AER must consult;\n\n(d) require the AER, when consulting with persons referred to in paragraph (c), to comply with specified consultation procedures;\n\n(e) require the AER to include benchmarks or targets for Distribution Network Service Providers as part of an f‑factor scheme determination;\n\n(f) require the AER to assess the performance of Distribution Network Service Providers in relation to any benchmarks or targets included as part of an f‑factor scheme determination and for the purpose of making an f‑factor amount determination;\n\n(g) specify any benchmarks, targets, incentives, rewards or penalties for inclusion in an f‑factor scheme determination that will apply to Distribution Network Service Providers and for the purpose of making f‑factor amount determinations;\n\n(h) require the AER, in making an f‑factor scheme determination, to have regard to specified criteria, including—\n\n(i) the need to ensure that the benefits to consumers likely to result from the making of an f‑factor scheme determination are sufficient to warrant the determination's benchmarks, targets, incentives, rewards or penalties for Distribution Network Service Providers;\n\n(ii) any regulatory obligation or requirement to which Distribution Network Service Providers are subject;\n\n(iii) a distribution system's history of fire starts;\n\n(iv) the willingness of end users to pay for enhanced fire safety;\n\n(v) criteria for determining benchmarks, targets, incentives, rewards or penalties that will apply to Distribution Network Service Providers and for the purpose of making an f‑factor amount determination;\n\n(vi) any interaction between the Order and a service target performance incentive scheme;\n\n(vii) any interaction between the Order and any other incentive scheme, including an incentive scheme in relation to services provided by means of a distribution system (other than a service target performance incentive scheme that applies to a Distribution Network Service Provider);\n\n(i) specify, for a Distribution Network Service Provider, the interaction between an f‑factor scheme determination and a service target performance incentive scheme that apply to that Distribution Network Service Provider.\n\n(3) An Order under subsection (1) may be made so as to apply, adopt or incorporate wholly or partially or as amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(a) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or\n\n(b) as amended from time to time.\n\n(4) An Order under subsection (1) may—\n\n(a) leave any matter to be decided by the AER; and\n\n(b) without limiting paragraph (a), direct the AER to make amendments to any instrument made by the AER to give effect to any matter specified in an Order made under this section.\n\n(5) The provisions of an Order under subsection (1) may—\n\n(b) differ according to differences in time, place and circumstances.\n\n(6) An Order under subsection (1) has effect as from the day specified in the Order and until the day specified in the Order.\n\n(7) An f-factor scheme determination or f-factor amount determination made under an Order under subsection (1) cannot come into effect before the Victorian distribution pricing determination end date.\n\nS. 16D inserted by No. 55/2010 s. 42.\n\n","sortOrder":39},{"sectionNumber":"16D","sectionType":"section","heading":"Functions and powers conferred and duties imposed on AER","content":"\t16D Functions and powers conferred and duties imposed on AER\n\nA function or power conferred or a duty imposed on the AER by an Order under section 16C is taken to be conferred or imposed by this Act.\n\nNote to s. 16D amended by No. 21/2012 s. 239(Sch. 6 item 29.1).\n\nSee sections 44AH and 44AI of the Competition and Consumer Act 2010 of the Commonwealth.\n\nS. 16E inserted by No. 55/2010 s. 42.\n\n","sortOrder":40},{"sectionNumber":"16E","sectionType":"section","heading":"Application of NEL provisions after the Victorian distribution pricing determination end date","content":"\t16E Application of NEL provisions after the Victorian distribution pricing determination end date\n\n(1) Despite section 6, after the Victorian distribution pricing determination end date—\n\n(a) unless the context otherwise requires, a reference in the NEL to \"the Law\" or \"this Law\" is to be read as including a reference to an Order under section 16C;\n\n(b) a reference in the NEL to a function or power of the AER (including, but not limited to, an AER economic regulatory function or power) is to be read as including a reference to a function or power conferred or a duty imposed on the AER under section 16D;\n\n(c) section 14B of the NEL is to be read as if after \"that operator\" there were inserted \"and an f‑factor scheme determination and an f‑factor amount determination that applies to that operator\";\n\n(d) sections 28F(1), 28ZC and 28ZD of the NEL are to be read as if after every reference in those sections to \"or the Rules\" there were inserted \"or an Order under section 16C under the **National Electricity (Victoria) Act 2005**\";\n\n(e) Division 6 of Part 3 of the NEL is to be read as if after every reference in that Division to \"or the Rules\" there were inserted \"or an Order under section 16C under the **National Electricity (Victoria) Act 2005**\";\n\n(f) section 28F(3)(d) of the NEL is to be read as if after \"performance report\" there were inserted \", other than a service provider performance report relating to a Distribution Network Service Provider's compliance with an f‑factor scheme determination or f‑factor amount determination\";\n\n(g) section 28V(2)(a) of the NEL is to be read as if after subparagraph (iii) there were inserted—\n\n\"(iv) complying with an f‑factor scheme determination and an f‑factor amount determination; and\".\n\n(2) Despite section 6, on and after the date the first Order made under section 16C comes into effect, the National Electricity Rules have the force of law in Victoria as if—\n\n(a) after rule 6.13 of the Rules there were inserted—\n\n\"**6.13A Variations to distribution determinations for purpose of f‑factor scheme determinations**\n\n(a) Despite anything to the contrary in these *Rules* and subject to this rule, the *AER* may, as a consequence of the making of an f-factor scheme determination (within the meaning of section 13 of the **National Electricity (Victoria) Act 2005**), vary a distribution determination during the course of the *regulatory control period*.\n\n(b) The *AER* must not vary a distribution determination under this rule unless the *AER* has complied with any consultation procedures specified in an Order under section 16C of the **National Electricity (Victoria) Act 2005**.\n\n(c) Once the *AER* has made a decision under this rule varying a distribution determination, the *AER* cannot make another decision under this rule to vary that distribution determination.\n\n(d) Despite anything to the contrary in these *Rules*, the *AER*, in varying a distribution determination under this rule, is not required to follow any process specified in the *Rules* in relation to the making of a distribution determination.\n\n(e) To avoid doubt—\n\n(1) a decision of the *AER* to vary a distribution determination under this rule is taken not to be a reviewable regulatory decision (within the meaning of section 71A of the *National Electricity Law*); and\n\n(2) a distribution determination (as varied by the AER under this rule) is not by reason only of that variation taken to be a reviewable regulatory decision (within the meaning of section 71A of the *National Electricity Law*).\"; and\n\n(b) after paragraph (d) of the definition of **pass through event** in Chapter 10 of the Rules there were inserted—\n\n\"(e) an f‑factor amount determination (within the meaning of section 13 of the **National Electricity (Victoria) Act** **2005**).\".\n\nS. 16F inserted by No. 55/2010 s. 42.\n\n","sortOrder":41},{"sectionNumber":"16F","sectionType":"section","heading":"Interrelationship between f‑factor determinations and distribution determinations","content":"\t16F Interrelationship between f‑factor determinations and distribution determinations\n\nThe making of an f‑factor scheme determination or an f‑factor amount determination is not to be taken as affecting the process already commenced by the AER for the making of a distribution determination that is to apply during the first distribution determination period.\n\nS. 16G inserted by No. 55/2010 s. 42.\n\n","sortOrder":42},{"sectionNumber":"16G","sectionType":"section","heading":"Power of AER to request information relating to f‑factor determinations","content":"\t16G Power of AER to request information relating to f‑factor determinations\n\n(1) If the AER considers it necessary for the purposes of making an f-factor scheme determination or an f-factor amount determination, the AER may request a relevant entity to provide information relating to fire starts to the AER.\n\n(2) Before making a request under subsection (1), the AER must consult with the relevant entity about its intention to make that request.\n\n(3) A request under subsection (1) must—\n\n(a) be in writing; and\n\n(b) specify the period of time within which the information requested is to be provided.\n\n(4) The period of time referred to in subsection (3)(b) must be reasonable.\n\n(5) A request under subsection (1) may request information in relation to one or more of the following—\n\n(a) the number of fire starts caused by, or believed to be caused by, electric lines or electrical installations during a specified period;\n\n(b) the date, time and location of each of those fire starts;\n\n(c) if known and determinable, the cause of each of those fire starts;\n\n(d) the nature and extent of any loss or damage caused by each of those fire starts.\n\n(6) A relevant entity must comply with a request under subsection (1) to the extent that it is reasonably practicable for the entity to do so.\n\n(7) For the purposes of subsection (6), it is reasonably practicable for a relevant entity not to comply with a request under subsection (1) if the entity is of the view that compliance with the request would impose an unreasonable administrative or financial burden on the entity.\n\nPt 3 Div. 4 (Heading and ss 16H–16P) inserted by No. 51/2012 s. 10.\n\n","sortOrder":43},{"sectionNumber":"Div 4","sectionType":"division","heading":"Application of pre-2011 service adjustment scheme and efficiency carryover mechanism","content":"Division 4—Application of pre-2011 service adjustment scheme and efficiency carryover mechanism\n\nS. 16H inserted by No. 51/2012 s. 10.\n\n","sortOrder":44},{"sectionNumber":"16H","sectionType":"section","heading":"Definitions","content":"\t16H Definitions\n\n***applicable regulatory control period*** means the period commencing 1 January 2011 and ending on 31 December 2015;\n\n***applicable Victorian distribution determination*** means—\n\n(a) in the case of the Victorian DNSP that is Citipower Pty Ltd (ABN 76 064 651 056)—Citipower distribution determination 2011-15;\n\n(b) in the case of the Victorian DNSP that is Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083)—Jemena distribution determination 2011-15;\n\n(c) in the case of the Victorian DNSP that is Powercor Australia Limited (ABN 89 064 651 109)—Powercor distribution determination 2011-15;\n\n(d) in the case of the Victorian DNSP that is SPI Electricity  Pty Limited (ABN 91 164 651 118)—SPI Electricity distribution determination 2011-15;\n\n(e) in the case of the Victorian DNSP that is United Energy Distribution  Pty Ltd (ABN 70 064 651 029)—United Energy distribution determination 2011-15;\n\n***Citipower distribution determination 2011‑15*** means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Citipower Pty Ltd (ABN 76 064 651 056), as varied or remade from time to time;\n\n***efficiency carryover mechanism***, in relation to a Victorian DNSP, means the scheme of that name given effect under the Victorian distribution pricing determination that is applicable to the Victorian DNSP;\n\n***Jemena distribution determination 2011-15*** means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083), as varied or remade from time to time;\n\n***modified Rules*** means the National Electricity Rules as they have the force of law in this jurisdiction subject to this Division;\n\n***Powercor distribution determination 2011‑15*** means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Powercor Australia Limited (ABN 89 064 651 109), as varied or remade from time to time;\n\n***service adjustment***, in relation to a Victorian DNSP, means the adjustment to the distribution price control applicable to that Victorian DNSP determined in accordance with section 2.3.9 of Volume II of the Victorian distribution pricing determination;\n\n***SPI Electricity distribution determination 2011‑15*** means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by SPI Electricity  Pty Limited (ABN 91 164 651 118), as varied or remade from time to time;\n\n***United Energy*** ***distribution determination 2011‑15*** means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by United Energy Distribution  Pty Ltd (ABN 70 064 651 029), as varied or remade from time to time;\n\n***Victorian DNSP*** means—\n\n(a) Citipower Pty Ltd  \n(ABN 76 064 651 056);\n\n(b) Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083);\n\n(c) Powercor Australia Limited  \n(ABN 89 064 651 109);\n\n(d) SPI Electricity  Pty Limited  \n(ABN 91 164 651 118);\n\n(e) United Energy Distribution  Pty Ltd (ABN 70 064 651 029).\n\n(2) Words and expressions used in this Division that are defined in Chapter 10 of the National Electricity Rules—\n\n(b) are to be read subject to any modifications made to those words or expressions by this Division.\n\nS. 16I inserted by No. 51/2012 s. 10.\n\n","sortOrder":45},{"sectionNumber":"16I","sectionType":"section","heading":"Application","content":"\t16I Application\n\n(1) The National Electricity (Victoria) Law applies as a law of this jurisdiction subject to this Division.\n\n(2) The National Electricity Rules have the force of law in this jurisdiction subject to this Division.\n\nS. 16J inserted by No. 51/2012 s. 10.\n\n","sortOrder":46},{"sectionNumber":"16J","sectionType":"section","heading":"Efficiency carryover mechanism is an efficiency benefit sharing scheme","content":"\t16J Efficiency carryover mechanism is an efficiency benefit sharing scheme\n\nDespite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the definition of ***efficiency benefit sharing scheme*** in Chapter 10 of the Rules is to be read as if after \"clause 6.5.8\" there were inserted \", and in the case of a *Distribution Network Service Provider* that is a Victorian DNSP, the efficiency carryover mechanism that applied to that Victorian DNSP\".\n\nS. 16K inserted by No. 51/2012 s. 10.\n\n","sortOrder":47},{"sectionNumber":"16K","sectionType":"section","heading":"Modification of definition of regulatory control period for purposes of this Division","content":"\t16K Modification of definition of regulatory control period for purposes of this Division\n\nDespite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules—\n\n(a) the reference to a control mechanism in paragraph (b) of the definition of ***regulatory control period*** in Chapter 10 of the Rules, as it applies to a Victorian DNSP, is taken to include the efficiency carryover mechanism and service adjustment applicable to that Victorian DNSP;\n\n(b) paragraph (b) of the definition of ***regulatory control period*** in Chapter 10 of the Rules is to be read as if after \"determination\" there were inserted \", and in the case of a *Distribution Network Service Provider* that is a Victorian DNSP, the Victorian distribution pricing determination\".\n\nS. 16L inserted by No. 51/2012 s. 10.\n\n","sortOrder":48},{"sectionNumber":"16L","sectionType":"section","heading":"Service adjustment is a service target performance incentive scheme","content":"\t16L Service adjustment is a service target performance incentive scheme\n\nDespite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the definition of ***service target performance incentive scheme*** in Chapter 10 of the Rules is to be read as if after \"clause 6.6.2\" there were inserted \", and in the case of a *Distribution Network Service Provider* that is a Victorian DNSP, the service adjustment that applied to that Victorian DNSP\".\n\nS. 16M inserted by No. 51/2012 s. 10.\n\n","sortOrder":49},{"sectionNumber":"16M","sectionType":"section","heading":"Distribution pricing proposals","content":"\t16M Distribution pricing proposals\n\n(1) This section applies to a Victorian DNSP that submits a pricing proposal under rule 6.18.2(a)(2) of the National Electricity Rules for the third and each subsequent regulatory year of the applicable regulatory control period.\n\n(2) Despite anything to the contrary in the National Electricity Rules, rule 6.18.2 of the Rules applies to the Victorian DNSP as if a reference to any applicable distribution determination in that rule were a reference to the applicable Victorian distribution determination as modified by operation of subsection (3).\n\n(3) For the purposes of subsection (2), an applicable Victorian distribution determination is taken to include—\n\n(a) in the case of the applicable Victorian distribution determination that is the Citipower distribution determination  \n2011-15—Tables 19 and 20 set out in Part A of Schedule 1 instead of Tables 19 and 20 of that determination;\n\n(b) in the case of the applicable Victorian distribution determination that is the Jemena distribution determination 2011-15—Tables 19 and 20 set out in Part B of Schedule 1 instead of Tables 19 and 20 of that determination;\n\n(c) in the case of the applicable Victorian distribution determination that is the Powercor distribution determination 2011‑15—Tables 19 and 20 set out in Part C of Schedule 1 instead of Tables 19 and 20 of that determination;\n\n(d) in the case of the applicable Victorian distribution determination that is the SPI Electricity distribution determination 2011‑15—Tables 19 and 20 set out in Part D of Schedule 1 instead of Tables 19 and 20 of that determination;\n\n(e) in the case of the applicable Victorian distribution determination that is the United Energy distribution determination 2011-15—Tables 18 and 19 set out in Part E of Schedule 1 instead of Tables 18 and 19 of that determination.\n\n(a) the reference to the applicable Victorian distribution determination in subsections (2) and (3) is not to be read as—\n\n(i) including any variations made to that determination that are inconsistent with the modified Rules or this Division; or\n\n(ii) if that determination is remade, including any part of that remade determination that is inconsistent with the modified Rules or this Division; and\n\n(b) the matters that the Victorian DNSP must set out in the pricing proposal in accordance with rule 6.18.2(b)(1) to (6) and rule 6.18.2(b)(6A) and (6B) must be consistent with subsections (2) and (3).\n\nS. 16N inserted by No. 51/2012 s. 10.\n\n","sortOrder":50},{"sectionNumber":"16N","sectionType":"section","heading":"Approval of distribution pricing proposals","content":"\t16N Approval of distribution pricing proposals\n\n(1) This section applies if a Victorian DNSP submits a pricing proposal to the AER for approval under rule 6.18.8 of the National Electricity Rules that is a pricing proposal to which section 16M applies.\n\n(2) Despite anything to the contrary in the National Electricity Rules, rule 6.18.8 of the Rules is taken to apply to the AER as if a reference to any applicable distribution determination in that rule were a reference to the applicable Victorian distribution determination modified to include the building block amounts set out in the Tables in the Part of Schedule 1 applicable to that determination (the ***modified distribution determination***).\n\n(3) In addition, despite anything to the contrary in the National Electricity Rules, the AER must refuse to approve the pricing proposal or a part of the pricing proposal if the proposal or part does not comply with the modified distribution determination.\n\n(a) the reference to the applicable Victorian distribution determination in subsection (2), or the modified distribution determination in subsection (3), is not to be read as—\n\n(i) including any variations made to that determination that are inconsistent with the modified Rules or this Division; or\n\n(ii) if that determination is remade, including any part of that remade determination that is inconsistent with the modified Rules or this Division; and\n\n(b) subsection (3) is not to be read as preventing the AER from approving any other part of the pricing proposal that is consistent with the modified distribution determination.\n\nS. 16O inserted by No. 51/2012 s. 10.\n\n","sortOrder":51},{"sectionNumber":"16O","sectionType":"section","heading":"AER compliance with Tribunal decisions inconsistent with this Division","content":"\t16O AER compliance with Tribunal decisions inconsistent with this Division\n\n(1) The AER is not required to comply with those parts of—\n\n(a) the decision of the Australian Competition Tribunal in the proceedings known as *Application by United Energy Distribution Pty Limited* [2012] ACompT 1 (file numbers ACT 6 of 2010, ACT 7 of 2010, ACT 8 of 2010, ACT 9 of 2010, ACT 10 of 2010); or\n\n(b) any other decision of the Australian Competition Tribunal that relates to an applicable Victorian distribution determination—\n\nthat are inconsistent with the modified Rules or this Division.\n\n(2) Subsection (1) applies despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules.\n\nS. 16P inserted by No. 51/2012 s. 10.\n\n","sortOrder":52},{"sectionNumber":"16P","sectionType":"section","heading":"Victorian DNSPs are not required to comply with AER decisions or determinations that are inconsistent with this Division","content":"\t16P Victorian DNSPs are not required to comply with AER decisions or determinations that are inconsistent with this Division\n\n(1) A Victorian DNSP is not required to comply with a decision or determination, or any part of a decision or determination, of the AER that is inconsistent with the modified Rules or this Division.\n\n(2) Subsection (1) applies despite anything to the contrary in—\n\n(b) the National Electricity Rules; or\n\n(c) the **Electricity Industry Act 2000**; or\n\n(d) a licence under the **Electricity Industry Act** **2000** held by a Victorian DNSP.\n\nPt 3 Div. 5 (Heading and ss 16Q–16T) inserted by No. 24/2016 s. 5.\n\nDivision 5—Distribution network connections and retail customer connection arrangements\n\nS. 16Q (Heading) amended by No. 1/2017 s. 16.\n\nS. 16Q inserted by No. 24/2016 s. 5.\n\n\t16Q Application of certain provisions of the National Electricity (South Australia) Act 1996—distribution network connections etc.\n\nDespite section 6—\n\n(a) section 34(1)(a)(iv) and (aa) and (3)(fa) of the NEL applies as a law of Victoria as if it were included in the National Electricity (Victoria) Law; and\n\n(b) section 34(3)(h)(i) of the National Electricity (Victoria) Law applies as if for \"or (f)\" there were substituted \", (f) or (fa)\"; and\n\n(c) Schedule 1 to the National Electricity (Victoria) Law applies as if after item 26K there were inserted—\n\n\"**Sale and supply of electricity to retail customers**\n\n","sortOrder":53},{"sectionNumber":"26M","sectionType":"section","heading":"Charges for the provision of connection services.\".","content":"26M Charges for the provision of connection services.\".\n\nUntil the commencement of this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section is to apply some of those amendments as laws of Victoria.\n\nS. 16R inserted by No. 24/2016 s. 5.\n\n\t16R Amendment of the National Electricity Rules\n\n(1) The National Electricity Rules as in force as a law of Victoria are amended as set out in Schedule 2.\n\n(2) To avoid doubt, the amendments made by Schedule 2 (other than punctuation included in those amendments) form part of the National Electricity Rules and may be amended in accordance with the National Electricity (Victoria) Law.\n\nThe National Electricity Rules have the force of law in this jurisdiction: see section 9 of the National Electricity (Victoria) Law. Until the commencement of this section, amendments made to the National Electricity Rules by the National Electricity (National Energy Retail Law) Amendment Rule 2012 did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section and Schedule 2 is that some of those amendments have the force of law in Victoria.\n\nS. 16S inserted by No. 24/2016 s. 5.\n\n\t16S Further modification of the amended National Electricity Rules\n\nDespite section 6, the National Electricity Rules have the force of law in Victoria as if—\n\n(a) in clause 5A.A.1 the definition of ***customer connection contract*** were revoked; and\n\n(b) clause 5A.C.1(c) and (d) were revoked; and\n\n(c) the note to clause 5A.E.4(c) were revoked; and\n\n(d) clause 5A.F.5(b)(2) were revoked; and\n\n(e) for the definition of ***energy laws*** in Chapter 10 there were substituted—\n\n\"***energy laws***\n\nIncludes:\n\n(a) legislation of Victoria that regulates electricity in Victoria, or any instrument made or issued under or for the purposes of that legislation;\n\n(b) national electricity legislation within the meaning of the National Electricity (Victoria) Law;\n\n(c) the Rules;\n\n(d) any instrument made or issued under or for the purposes of the Rules.\"; and\n\n(f) for the definition of ***energy ombudsman*** in Chapter 10 there were substituted—\n\n\"***energy ombudsman***\n\nIs a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 28 of the *Electricity Industry Act 2000* (VIC).\".\n\nS. 16SA inserted by No. 37/2020 s. 20.\n\n\t16SA Modification relating to negotiated connection offers\n\nDespite sections 6 and 16R, the National Electricity Rules have the force of law in Victoria as if—\n\n(a) after clause 5A.F.4(d) there were inserted—\n\n\"(d1) A negotiated *connection offer* must not be inconsistent with any condition to which a distribution licence held by the *Distribution Network Service Provider* is subject.\";\n\n(b) after clause 5A.F.4(e) there were inserted—\n\n\"(f) In this clause—\n\n***distribution licence*** means a licence to distribute or supply electricity issued under the **Electricity Industry Act 2000**.\".\n\nS. 16T inserted by No. 24/2016 s. 5.\n\n\t16T Transitional provisions for retail customer connection arrangements\n\n","sortOrder":54},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"has effect.","content":"Schedule 3 has effect.\n\nPt 3 Div. 6 (Heading and ss 16U, 16V) inserted by No. 1/2017 s. 17.\n\nDivision 6—Wholesale electricity markets and network service providers\n\nS. 16U inserted by No. 1/2017 s. 17.\n\n\t16U Application of certain provisions of the National Electricity (South Australia) Act 1996—wholesale electricity markets and network service providers\n\nDespite section 6, the modifications to the NEL set out in Schedule 4 have effect.\n\nUntil the commencement of section 16Q and this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of section 16Q and this section is to apply some of those amendments as laws of Victoria.\n\nS. 16V inserted by No. 1/2017 s. 17.\n\n","sortOrder":55},{"sectionNumber":"16V","sectionType":"section","heading":"Regulations","content":"\t16V Regulations\n\n(1) The Governor in Council may make regulations prescribing the amount of electricity for the purposes of the definition of ***small customer*** set out in item 34.1 of Schedule 4.\n\n(2) Regulations made under this section may—\n\n(b) differ according to differences in time, place or circumstance.\n\nPt 3 Div. 6A (Headings and ss 16VA–16VQ) inserted by No. 28/2020 s. 3.\n\n","sortOrder":56},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Modification of distribution determination arrangements","content":"Division 6A—Modification of distribution determination arrangements\n\n","sortOrder":57},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Preliminary","content":"Subdivision 1—Preliminary\n\nS. 16VA inserted by No. 28/2020 s. 3.\n\n\t16VA Definitions and interpretation\n\n***2018 rate of return instrument*** means the first rate of return instrument made by the AER under section 18I of the National Electricity (Victoria) Law;\n\n***applicable 2016–2020 distribution determination*** means—\n\n(a) the AusNet 2016–2020 distribution determination; or\n\n(b) the Citipower 2016–2020 distribution determination; or\n\n(c) the Jemena 2016–2020 distribution determination; or\n\n(d) the Powercor 2016–2020 distribution determination; or\n\n(e) the United Energy 2016–2020 distribution determination;\n\n***applicable 2021–2026 distribution determination*** means the distribution determination applying to electricity network services provided by a Victorian DNSP that applies immediately after the applicable  \n2016–2020 distribution determination applying to the services provided by the Victorian DNSP ceases effect;\n\n***AusNet 2016–2020 distribution determination*** means the distribution determination made by the AER on 26 May 2016 under clause 6.11.1 of the Rules that applies to electricity network services provided by AusNet Electricity Services Pty Ltd (ABN 91 064 651 118)—\n\n***Citipower 2016–2020 distribution determination*** means the distribution determination made by the AER on 26 May 2016 under clause 6.11.1 of the Rules that applies to electricity network services provided by Citipower Pty Ltd (ABN 76 064 651 056)—\n\n***constituent decision*** has the meaning given by clause 6.12.1 of the Rules;\n\n***determination extension period***, for an applicable 2016–2020 distribution determination, means the period—\n\n(a) commencing on 1 January 2021; and\n\n(b) ending on 30 June 2021;\n\n***Jemena 2016–2020 distribution determination*** means the distribution determination made by the AER on 26 May 2016 under clause 6.11.1 of the Rules that applies to electricity network services provided by Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083)—\n\n***modify*** includes add, omit or substitute;\n\n***Powercor 2016–2020 distribution determination*** means the distribution determination made by the AER on 26 May 2016 under clause 6.11.1 of the Rules that applies to electricity network services provided by Powercor Australia Limited  \n(ABN 89 064 651 109)—\n\n***publish***, in relation to a modification made by the AER under section 16VJ, or a variation decision, means publish as defined under Chapter 10 of the Rules;\n\n***United Energy 2016–2020 distribution determination*** means the distribution determination made by the AER on 26 May 2016 under clause 6.11.1 of the Rules that applies to electricity network services provided by United Energy Distribution Pty Ltd (ABN 70 064 651 029)—\n\n***variation decision*** means a decision under section 16VK(2);\n\n***Victorian DNSP*** means any of the following entities—\n\n(a) AusNet Electricity Services Pty Ltd (ABN 91 064 651 118);\n\n(b) Citipower Pty Ltd  \n(ABN 76 064 651 056);\n\n(c) Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083);\n\n(d) Powercor Australia Limited  \n(ABN 89 064 651 109);\n\n(e) United Energy Distribution  Pty Ltd (ABN 70 064 651 029).\n\n(2) Words and expressions used in this Division that are defined in Chapter 10 of the Rules—\n\n(b) are to be read subject to any modifications made to those words or expressions under this Division.\n\nSubdivision 2—Regulatory years for distribution determinations\n\nS. 16VB inserted by No. 28/2020 s. 3.\n\n\t16VB Meaning of regulatory year for the purposes of distribution determinations on and after 1 July 2021\n\nDespite anything to the contrary in the National Electricity (Victoria) Law or the Rules, on and after 1 July 2021 a regulatory year for a regulatory control period in respect of a regulated distribution system operator is a consecutive period of 12 months commencing on 1 July every year.\n\nSubdivision 3—Extension of operation of 2016–2020 distribution determinations\n\nS. 16VC inserted by No. 28/2020 s. 3.\n\n\t16VC Regulatory control period includes determination extension period\n\n(2) For the purposes of the National Electricity (Victoria) Law, the Rules, an applicable  \n2016–2020 distribution determination and this Division—\n\n(a) the regulatory control period for which a Victorian DNSP is subject to a control mechanism imposed by the applicable  \n2016–2020 distribution determination is—\n\n(i) the 5 regulatory years which apply since the commencement of the determination; and\n\n(ii) the determination extension period; and\n\n(b) the determination extension period is taken to be a regulatory year.\n\nS. 16VD inserted by No. 28/2020 s. 3.\n\n\t16VD Pricing proposals for extended period of applicable 2016‑2020 distribution determinations\n\n(2) Subject to this Division, a Victorian DNSP must submit a pricing proposal under clause 6.18.2 of the Rules for approval under the Rules, for the determination extension period.\n\nThe determination extension period is taken to be a regulatory year of the regulatory control period for which a Victorian DNSP is subject to a control mechanism imposed by an applicable 2016–2020 distribution determination—see section 16VC.\n\n(3) The pricing proposal mentioned in subsection (2) must comply with the Victorian DNSP's applicable 2016–2020 distribution determination regardless of whether the determination has been varied by the AER under section 16VK.\n\n(4) In addition, the pricing proposal mentioned in subsection (2) may include tariffs that reflect the efficient costs that the Victorian DNSP incurs as a direct result of the enactment of Subdivision 3.\n\n(5) For the purposes of this section—\n\n(a) a Victorian DNSP's tariff structure statement applying to the Victorian DNSP during the initial regulatory control period is taken to be a constituent decision, or constituent component, of the Victorian DNSP's applicable 2016–2020 distribution determination; and\n\n(b) the initial regulatory control period is taken to include the determination extension period for the Victorian DNSP's applicable  \n2016–2020 distribution determination.\n\nInitial regulatory control period is defined in clause 11.75.1 of the Rules.\n\nSubdivision 4—Orders in Council relating to applicable distribution determinations\n\nS. 16VE inserted by No. 28/2020 s. 3.\n\n\t16VE Order setting requirements for modifications and variations to certain instruments\n\n(1) The Governor in Council, by Order published in the Government Gazette, for the purposes of giving effect to Subdivision 3, may do any one or more of the following—\n\n(a) specify particular modifications that must, or must not, be made to the 2018 rate of return instrument under section 16VJ, including modifications relating to—\n\n(i) the formulas or methodologies set out in the 2018 rate of return instrument under which a return on debt trailing average portfolio calculation is determined;\n\n(ii) the methodology or criteria set out in the 2018 rate of return instrument under which a return on debt averaging period is determined;\n\n(b) set out principles with which variations made to an applicable 2016–2020 distribution determination under section 16VK, or an applicable 2021–2026 distribution determination, must conform;\n\n(c) set out objectives which must be met by—\n\n(i) variations made to an applicable  \n2016–2020 distribution determination under section 16VK; or\n\n(ii) an applicable 2021–2026 distribution determination;\n\n(d) specify particular variations which must, or must not, be made to an applicable  \n2016–2020 distribution determination under section 16VK;\n\n(e) specify matters as matters to which an applicable 2016–2020 distribution determination, or an applicable  \n2021–2026 distribution determination, must, or must not, apply.\n\n(2) Without limiting subsection (1), an Order under that subsection may relate to any of the following—\n\n(a) a constituent decision, or component, of an applicable 2016–2020 distribution determination or an applicable  \n2021–2026 distribution determination, including a building block determination that is a constituent decision or constituent component of—\n\n(i) an applicable 2016–2020 distribution determination;\n\n(ii) an applicable 2021–2026 distribution determination;\n\n(b) any efficient costs that the Victorian DNSP incurs as a direct result of the enactment of Subdivision 3 and how those costs may be  recovered under—\n\n(i) an applicable 2016–2020 distribution determination;\n\n(ii) an applicable 2021–2026 distribution determination.\n\nS. 16VF inserted by No. 28/2020 s. 3.\n\n\t16VF Order modifying the National Electricity (Victoria) Law and Rules\n\n(1) The Governor in Council, by Order published in the Government Gazette, for the purposes of giving effect to an Order under section 16VE, may do either or both of the following—\n\n(a) modify the operation of the National Electricity (Victoria) Law as it applies as a law in Victoria;\n\n(b) modify the operation of the Rules (including definitions in Chapter 10 of the Rules) as they have the force of law in Victoria.\n\n(2) Without limiting subsection (1), an Order under that subsection may include a modification that provides that—\n\n(a) a specified provision of the Rules does not have the force of law in Victoria;\n\n(b) a specified definition in the Rules (including Chapter 10 of the Rules) does not have the force of law in Victoria.\n\nS. 16VG inserted by No. 28/2020 s. 3.\n\n\t16VG General provisions apply to Orders under this Subdivision\n\n(1) An Order under section 16VE or 16VF may—\n\n(a) be of limited or general application;\n\n(b) differ according to time, place or circumstances;\n\n(c) confer functions and powers on, or leave any matter or thing to be decided by, the AER, or impose any duty on the AER;\n\n(d) contain provisions of a savings or transitional nature on the making of the Order;\n\n(e) make any modifications in relation to, or provide for, any matter that is—\n\n(i) incidental to a matter set out in the Order; or\n\n(ii) necessary to give effect to a matter set out in the Order.\n\n(2) An Order under section 16VE or 16VF has effect as from the date specified in the Order.\n\nS. 16VH inserted by No. 28/2020 s. 3.\n\n\t16VH Functions and powers conferred and duties imposed on AER\n\nA function or power conferred or a duty imposed on the AER by an Order under this Subdivision is taken to be conferred or imposed by this Act.\n\nSee sections 44AH and 44AI of the Competition and Consumer Act 2010 of the Commonwealth.\n\nS. 16VI inserted by No. 28/2020 s. 3.\n\n\t16VI Effect of Orders under this Subdivision\n\n(1) An Order under this Subdivision has effect according to its tenor in relation to the following despite anything to the contrary in—\n\n(a) this Act;\n\n(b) any agreement or contract.\n\n(2) In addition—\n\n(a) the National Electricity (Victoria) Law applies as a law of Victoria subject to an Order under this Subdivision; and\n\n(b) the Rules have the force of law in Victoria subject to an Order under this Subdivision; and\n\n(c) the 2018 rate of return instrument has the force of law in Victoria subject to any modifications under section 16VJ or any Order under this Subdivision; and\n\n(d) an applicable 2016–2020 distribution determination (whether or not varied under section 16VK) has effect subject to any Order under this Subdivision; and\n\n(e) an applicable 2021–2026 distribution determination has effect subject to any Order under this Subdivision.\n\nSubdivision 5—Application of modified rate of return instrument\n\nS. 16VJ inserted by No. 28/2020 s. 3.\n\n\t16VJ Application of modified 2018 rate of return instrument\n\n(2) The rate of return on capital calculated in accordance with the 2018 rate of return instrument applies, subject to any modifications under subsection (3), to the making of an AER economic regulatory decision in relation to the determination extension period of an applicable 2016–2020 distribution determination.\n\n(3) The AER, for the purposes of giving effect to Subdivision 3, may modify the application of the 2018 rate of return instrument to the making of an AER economic regulatory decision in relation to the determination extension period of an applicable 2016–2020 distribution determination.\n\n(4) Without limiting subsection (3), a modification under that subsection may relate to—\n\n(a) the formulas or methodologies set out in the 2018 rate of return instrument under which a return on debt trailing average portfolio calculation is determined;\n\n(b) the methodology or criteria set out in the 2018 rate of return instrument under which a return on debt averaging period is determined.\n\n(5) The AER must not make a modification under subsection (3) that is inconsistent with any applicable Order under this Division.\n\n(6) The AER must publish any modification under subsection (3).\n\nSubdivision 6—AER variations to applicable  \n2016–2020 distribution determinations\n\nS. 16VK inserted by No. 28/2020 s. 3.\n\n\t16VK AER variations to applicable 2016–2020 distribution determinations\n\n(2) Subject to this Division, the AER may make a variation—\n\n(a) to any constituent decision, or constituent component, of an applicable 2016–2020 distribution determination, including a building block determination, that the AER considers necessary to be made as a consequence of the enactment of Subdivision 3; and\n\n(b) to any other part of an applicable  \n2016–2020 distribution determination that the AER considers necessary to be made as a consequence of—\n\n(i) the enactment of Subdivision 3; or\n\n(ii) the making of a variation under paragraph (a).\n\n(3) Without limiting subsection (2), the AER may, if the AER considers it necessary for a Victorian DNSP to recover the efficient costs it incurs as a direct result of the enactment of Subdivision 3, make any necessary variations under that subsection to an applicable 2016–2020 distribution determination to enable the Victorian DNSP to recover those costs.\n\n(4) The AER must not make a variation decision that includes the matter mentioned under subsection (3) unless the Victorian DNSP submits a pricing proposal under section 16VD that extends to the efficient costs that the Victorian DNSP incurs as a direct result of the enactment of Subdivision 3.\n\n(5) The AER must not make a variation decision that is inconsistent with any applicable Order under this Division.\n\n(6) The AER must publish a variation decision.\n\nSubdivision 7—Other matters\n\nS. 16VL inserted by No. 28/2020 s. 3.\n\n\t16VL Definitions\n\nIn this Subdivision—\n\n***commencement day*** means the day on which section 3 of the **National Energy Legislation Amendment Act 2020** comes into operation;\n\n***relevant distribution determination***, for a Victorian DNSP, means the first distribution determination that is to apply to electricity network services provided by the Victorian DNSP after the applicable 2016–2020 distribution determination ceases effect.\n\nS. 16VM inserted by No. 28/2020 s. 3.\n\n\t16VM Failure to make a decision under the Law or Rules within time does not invalidate the decision\n\n(a) the AER makes a decision (however described) under the National Electricity (Victoria) Law or Rules in relation to the making of a distribution determination that is to apply to electricity network services provided by a Victorian DNSP for the regulatory control period commencing on 1 July 2021; and\n\n(b) the decision is made after the expiry of the period of time specified by the National Electricity (Victoria) Law or the Rules for the making of that decision.\n\n(2) Despite anything to the contrary in the National Electricity (Victoria) Law or the Rules, the decision is not to be taken to be an invalid decision only because the decision is not made within the specified period of time.\n\n(3) A decision to which this section applies takes effect on and after—\n\n(a) the day it is made; or\n\n(b) if it specifies a date for operation or effect that is after the day it is made, that specified date.\n\nS. 16VN inserted by No. 28/2020 s. 3.\n\n\t16VN Failure to meet particular pricing proposal timeframe does not invalidate relevant distribution determinations\n\n(1) This section applies if before the commencement day a Victorian DNSP, in relation to the making of a relevant distribution determination for the Victorian DNSP, submitted a regulatory proposal, a proposed tariff structure statement and an exemption application (if required) to the AER under clause 6.8.2(b) of the Rules on a day that resulted in a period of time that was less than the minimum period of time required under that clause.\n\n(2) Despite anything to the contrary in the National Electricity (Victoria) Law or Rules, on and after the commencement day, the relevant distribution determination is not to be taken to be invalid only because the Victorian DNSP did not comply with clause 6.8.2(b) of the Rules.\n\nS. 16VO inserted by No. 28/2020 s. 3.\n\n\t16VO Failure to meet particular consultation timeframe does not invalidate relevant distribution determinations\n\n(1) This section applies if before the commencement day the AER, in relation to the making of a relevant distribution determination for a Victorian DNSP—\n\n(a) did the thing required by clause 6.9.3(b) or (b2) of the Rules after the time within which the clause requires it to be done; or\n\n(b) specified a time for the purposes of clause 6.9.3(c) of the Rules in an invitation published under clause 6.9.3(b) of the Rules that resulted in a period of time that was less than the minimum period of time required under clause 6.9.3(c) of the Rules.\n\n(2) Despite anything to the contrary in the National Electricity (Victoria) Law or Rules, on and after the commencement day, the relevant distribution determination is not to be taken to be invalid only because the AER, as the case requires—\n\n(a) did the thing required by clause 6.9.3(b) or (b2) of the Rules after the time within which the clause required that thing to be done; and\n\n(b) specified a time for the purposes of clause 6.9.3(c) of the Rules in an invitation published under clause 6.9.3(b) of the Rules that resulted in a period of time that was less than the minimum period of time required under clause 6.9.3(c) of the Rules.\n\nS. 16VP inserted by No. 28/2020 s. 3.\n\n\t16VP Modified 2018 rate of return instrument may affect certain pre‑2018 AER economic regulatory decisions\n\nDespite section 18V of the National Electricity (Victoria) Law, the 2018 rate of return instrument, as modified under section 16VF of this Act, may affect an AER economic regulatory decision made before the commencement of that instrument in relation to an applicable 2016–2020 distribution determination.\n\nS. 16VQ inserted by No. 28/2020 s. 3.\n\n\t16VQ Validation of certain regulatory information notices served on Victorian DNSPs\n\n(1) A relevant regulatory information notice prepared, or purportedly prepared, and served before the commencement day that would have been validly prepared if this Division had been in operation at the time that the relevant regulatory information notice was prepared, or purportedly prepared, is, on and after the commencement day, taken to always had the same force and effect as it would have had if this Division had been in operation at that time.\n\n***relevant regulatory information notice*** means—\n\n(a) a regulatory information notice served on a Victorian DNSP that refers to or states a regulatory control period in respect of that Victorian DNSP that commences on 1 July 2021 and ends on 30 June 2026; or\n\n(b) a regulatory information notice served on a Victorian DNSP on 4 October 2019 or 7 November 2019.\n\nDiv. 7 (Heading and ss 16W–16ZI) inserted by No. 10/2020 s. 4.\n\n","sortOrder":58},{"sectionNumber":"Div 7","sectionType":"division","heading":"Modification of regulatory arrangements for specified declared transmission system augmentations and related services","content":"Division 7—Modification of regulatory arrangements for specified declared transmission system augmentations and related services\n\nS. 16W inserted by No. 10/2020 s. 4.\n\n","sortOrder":59},{"sectionNumber":"16W","sectionType":"section","heading":"Definitions and interpretation","content":"\t16W Definitions and interpretation\n\n***alternative regulatory investment test***—see section 16Y(2)(d);\n\n***augmentation related costs*** means—\n\n(a) costs of a specified augmentation; or\n\n(b) costs incurred in the provision of, or in acquiring or utilising, specified augmentation services;\n\n***modify*** includes add, omit or substitute;\n\nS. 16W(1) def. of *non-network services* amended by No. 38/2025 s. 22.\n\n***non-network services*** means services provided, or to be provided, to a declared transmission system operator or VicGrid for or with respect to the declared transmission system;\n\n***non-network services costs*** means costs incurred in the provision of, or in acquiring or utilising specified non‑network services;\n\n***specified augmentation***—see section 16Y(1)(a)(i);\n\n***specified augmentation services***—see section 16Y(1)(a)(ii);\n\n***specified non-network services***—see section 16Y(1)(a)(iii);\n\n***the Law*** means the National Electricity (Victoria) Law.\n\n(2) Words and expressions used in this Division that are defined in Chapter 10 of the National Electricity Rules—\n\n(b) are to be read subject to any modifications made to those words or expressions under an Order under section 16Y.\n\nS. 16X (Heading) amended by No. 38/2025 s. 23(1).\n\nS. 16X inserted by No. 10/2020 s. 4.\n\n","sortOrder":60},{"sectionNumber":"16X","sectionType":"section","heading":"Additional VicGrid functions","content":"\t16X Additional VicGrid functions\n\nS. 16X(1) amended by No. 38/2025 s. 23(2).\n\n(1) For the purposes of section 50C(1)(f) of the Law, VicGrid is conferred the following functions—\n\n(a) to contract for augmentation related services or specified non-network services;\n\n(b) to conduct competitive tenders in respect of augmentation related services and specified non-network services.\n\nNote to s. 16X(1) repealed by No. 38/2025 s. 23(3).\n\n(2) In addition—\n\nS. 16X(2)(a) amended by No. 38/2025 s. 23(4)(a).\n\n(a) a function conferred on VicGrid under an Order under section 16Y that is related to the declared transmission system, or electricity network services provided by means of or in connection with the declared transmission system, is taken to be conferred by this Act for the purposes of section 50C(1)(f) of the Law; and\n\nNote to s. 16X(2)(a) repealed by No. 38/2025 s. 23(4)(b).\n\nS. 16X(2)(b) amended by No. 38/2025 s. 23(4)(c).\n\n(b) a function conferred on AEMO under an Order under section 16Y, or a power conferred on AEMO under an Order under that section, is taken to be conferred on AEMO by this Act.\n\nSee also section 49(1)(h) of the National Electricity (Victoria) Law.\n\nS. 16Y inserted by No. 10/2020 s. 4.\n\n","sortOrder":61},{"sectionNumber":"16Y","sectionType":"section","heading":"Order modifying regulatory arrangements relating to declared transmission system augmentations and related services","content":"\t16Y Order modifying regulatory arrangements relating to declared transmission system augmentations and related services\n\n(1) Subject to this Division, the Minister, by Order published in the Government Gazette, may do any one or more of the following—\n\n(a) specify, for the purposes of the Order—\n\n(i) the carrying out of, or operation of, an augmentation of the declared transmission system as a specified augmentation;\n\n(ii) services provided or to be provided in relation to or by means of a specified augmentation as specified augmentation services;\n\n(iii) non-network services as specified non‑network services;\n\n(b) provide that Subdivision 3 of Division 2 of Part 5 of the Law, or a specified provision of that Subdivision, does not apply as a law in Victoria in respect of—\n\n(c) modify the application of a specified provision of Subdivision 3 of Division 2 of Part 5 of the Law as it applies as a law in Victoria in respect of—\n\n(d) provide that a specified provision of the Rules does not apply in respect of—\n\n(e) modify the application of a specified provision of the Rules to—\n\n(f) provide that a specified definition in the Rules (including Chapter 10 of the Rules) does not apply in respect of—\n\n(g) modify the application of a specified definition in the Rules (including Chapter 10 of the Rules) to—\n\n(h) deem a service specified in the Order as—\n\n(i) an ancillary service, an inertia network service, a prescribed transmission service, a system strength service or any other service defined under the Law or in the Rules, or any other kind of service for the purposes of the Law or the Rules;\n\n(ii) a service for the provision of reserve under the Rules;\n\n(i) regulate—\n\n(j) specify a provision of the Order, or a provision of the Law or Rules modified by the Order, as a civil penalty provision for the purposes of the Law.\n\n(2) Without limiting subsection (1)(d), (e), (f), (g) or (i), an Order under subsection (1) may do any one or more of the following—\n\n(a) modify the application of standards, procedures or guidelines published under the Rules to—\n\n(b) modify the application of a specified provision of the Rules to the provision of reserve in respect of—\n\n(c) specify matters or things that are to apply in relation to—\n\n(d) specify a test, examination or assessment to apply in relation to a specified augmentation or specified augmentation services in place of the regulatory investment test for transmission (an ***alternative regulatory investment test***);\n\n(e) specify guidelines for the purposes of an alternative regulatory investment test;\n\n(f) provide that augmentation related costs or non-network services costs may be recovered through charges for services specified in the Order;\n\n(g) provide that augmentation related costs or non-network services costs may be recovered as a pass through event subject to, and in accordance with, Chapter 6A of the Rules;\n\nS. 16Y(2)(h) amended by No. 38/2025 s. 24(1)(a).\n\n(h) provide for the recovery by VicGrid of any costs it incurs—\n\n(i) in respect of a specified augmentation;\n\n(ii) in the provision of, or in acquiring or utilising, specified augmentation services or specified non-network services;\n\nS. 16Y(2)(h)(iii) amended by No. 38/2025 s. 24(1)(b).\n\n(iii) as a result of the making of the Order or VicGrid complying with a requirement under the Order;\n\nS. 16Y(2)(i) amended by No. 38/2025 s. 24(2).\n\n(i) require VicGrid to carry out a declared network function or a function referred to in section 16X(2)(b) in relation to—\n\nS. 16Y(2)(j) amended by No. 38/2025 s. 24(3).\n\n(j) require VicGrid to procure or conduct a tender for—\n\nS. 16Y(2)(ja) inserted by No. 15/2024 s. 6(1), amended by No. 38/2025 s. 24.\n\n(ja) require AEMO to assist VicGrid in the performance of any of VicGrid's functions specified in the Order;\n\n(k) require a declared transmission system operator or prospective declared transmission system operator to—\n\n(i) plan the carrying out of a specified augmentation;\n\n(ii) carry out a specified augmentation;\n\n(iii) operate a specified augmentation;\n\n(iv) facilitate the planning, carrying out or operation of a specified augmentation;\n\nS. 16Y(2)(l) amended by No. 38/2025 s. 24(5).\n\n(l) require VicGrid, a declared transmission system operator, a prospective declared transmission system operator or a provider of specified augmentation services or specified non-network services to enter into agreements relating to—\n\nS. 16Y(2)(m) amended by No. 38/2025 s. 24(6).\n\n(m) specify terms and conditions, or the kinds of terms and conditions, that must or may, or must not, be included in an agreement entered into by VicGrid, a declared transmission system operator, a prospective declared transmission system operator or a provider of specified augmentation services or specified non-network services relating to—\n\nS. 16Y(2)(n) amended by No. 38/2025 s. 24(7).\n\n(n) prohibit VicGrid, a declared transmission system operator, a prospective declared transmission system operator or a provider of specified augmentation services or specified non-network services from, other than as specified in the Order, entering into an agreement of a specified kind relating to—\n\n(o) require the ESC to, under section 29(1A) of the **Electricity Industry Act 2000**, vary a licence issued under that Act to a declared transmission system operator, or vary the conditions of the licence, to give effect to any matter specified in the Order.\n\n(3) For the purposes of subsection (2)(m), the terms and conditions, or the kinds of terms and conditions, that must or may be included in an agreement entered into by a party to the agreement may include a term or condition that requires the party to reduce any fees or charges the party imposes on a customer of its services as a result of a breach of a term or condition of the agreement by that party.\n\n(4) Without limiting subsection (1), an Order under that subsection may—\n\n(a) disapply, or modify the application of a provision of, the Law as a consequence of a provision of the Order that disapplies or modifies the application of another provision of the Law in respect of—\n\n(i) a specified augmentation; or\n\n(ii) specified augmentation services; or\n\n(b) disapply, or modify the application of a provision of, the Rules as a consequence of a provision of the Order that disapplies or modifies the application of another provision of the Rules in respect of—\n\n(i) a specified augmentation; or\n\n(ii) specified augmentation services; or\n\n(5) An Order under subsection (1) may—\n\n(a) be of limited or general application;\n\n(b) differ according to time, place or circumstances;\n\nS. 16Y(5)(c) amended by No. 38/2025 s. 24(8).\n\n(c) confer functions and powers on, or leave any matter or thing to be decided by, VicGrid;\n\n(d) apply, adopt or incorporate any matter contained in any document, whether—\n\n(i) wholly or partially or as amended by the Order; or\n\n(ii) as existing at the time the Order is made or at any time before then; or\n\n(iii) as existing from time to time;\n\n(e) contain provisions of a savings or transitional nature on the making of the Order;\n\n(f) provide for any matter that is incidental to a matter set out in the Order or necessary to give effect to a matter set out in the Order.\n\nS. 16Y(6) inserted by No. 15/2024 s. 6(2).\n\n(6) For the purposes of an Order under subsection (1)—\n\nS. 16Y(6)(a) amended by No. 38/2025 s. 24(9)(a).\n\n(a) costs incurred by VicGrid—\n\n(i) in respect of a specified augmentation; or\n\n(ii) in the provision of, or in acquiring or utilising, specified augmentation services or specified non-network services; or\n\nS. 16Y(6)(a)(iii) amended by No. 38/2025 s. 24(9)(a)(i).\n\n(iii) as a result of the making of the Order or VicGrid complying with a requirement of the Order—\n\ninclude costs for the provision of assistance by AEMO in respect of those matters; and\n\nS. 16Y(6)(b) amended by No. 38/2025 s. 24(9)(b).\n\n(b) the amount of those costs is the amount of the costs incurred by AEMO in providing the assistance.\n\nS. 16Z inserted by No. 10/2020 s. 4.\n\n","sortOrder":62},{"sectionNumber":"16Z","sectionType":"section","heading":"Matters that the Minister may have regard to in making an Order","content":"\t16Z Matters that the Minister may have regard to in making an Order\n\n(1) In making an Order under section 16Y, the Minister may have regard to any one or more of the following—\n\n(a) whether there is or may be a crucial national electricity system need in Victoria or in Victoria and another participating jurisdiction;\n\n(b) options available under the Law and the Rules to address any crucial national electricity system need, including alternatives to augmentations of the declared transmission system;\n\n(c) the potential costs to end users of any options referred to in paragraph (b);\n\n(d) the immediate, medium and long-term needs of the national electricity system, including needs relating to the reliability, safety and security of the national electricity system;\n\n(e) the actual or projected amount of generation or reserve in the national electricity system.\n\n(2) In addition, in making an Order under section 16Y, the Minister may have regard to any other matter that the Minister considers relevant.\n\nS. 16ZA inserted by No. 10/2020 s. 4.\n\n\t16ZA Consultation before the making of an Order\n\n(1) Before making an Order under section 16Y, the Minister must consult with—\n\n(a) the Premier; and\n\n(b) the Treasurer; and\n\nS. 16ZA(1)(c) substituted by No. 38/2025 s. 25.\n\n(c) VicGrid; and\n\nS. 16ZA(1)(d) inserted by No. 38/2025 s. 25.\n\n(d) if the Order imposes a duty on AEMO, AEMO.\n\n(2) Subsection (1) does not apply if the Order the Minister proposes to make is a minor Order.\n\n***minor Order*** means an Order under section 16Y which amends another Order made under that section—\n\n(a) to modify the application of standards, procedures or guidelines pursuant to section 16Y(2)(a); or\n\n(b) to specify guidelines pursuant to section 16Y(2)(e); or\n\n(c) to correct a clerical mistake or an error arising from an accidental slip or omission.\n\nS. 16ZB inserted by No. 10/2020 s. 4.\n\n\t16ZB Publication of reasons for the making of an Order\n\n(1) The Minister must publish in the Government Gazette the Minister's reasons for making an Order under section 16Y at the same time as the Order is published in the Government Gazette.\n\n(2) In addition, the Minister must publish the Minister's reasons for making an Order under section 16Y on the Department's internet site as soon as practicable after the reasons are published in the Government Gazette.\n\nS. 16ZC inserted by No. 10/2020 s. 4.\n\n\t16ZC Effect of Order\n\n(1) An Order under section 16Y has effect according to its tenor in relation to the following despite anything to the contrary in this Act or in any agreement or contract—\n\n(a) a specified augmentation;\n\n(b) specified augmentation services;\n\n(c) specified non-network services.\n\n(2) To avoid doubt, section 32 applies subject to an Order under section 16Y.\n\n(3) In addition—\n\n(a) the Law applies as a law of Victoria in relation to—\n\n(i) a specified augmentation subject to the Order under section 16Y specifying that augmentation; and\n\n(ii) specified augmentation services or specified non-network services subject to the Order under section 16Y specifying those services, as the case requires; and\n\n(b) the Rules have the force of law in Victoria in relation to—\n\n(i) a specified augmentation subject to the Order under section 16Y specifying that augmentation; and\n\n(ii) specified augmentation services or specified non-network services subject to the Order under section 16Y specifying those services, as the case requires.\n\nS. 16ZD inserted by No. 10/2020 s. 4.\n\n\t16ZD Non-compliance with an Order enforceable under the Law\n\nDespite section 6, if an Order under section 16Y is in effect—\n\n(a) a reference to \"the Law\" or \"this Law\" in the following provisions of the NEL are to be read as including a reference to the Order under section 16Y, unless the context otherwise requires—\n\n(i) section 15;\n\n(ii) section 17;\n\n(iii) section 18;\n\n(iv) Division 2 of Part 3;\n\n(v) section 28ZE;\n\n(vi) Divisions 1, 1A and 2 of Part 6; and\n\n(b) a reference to a \"civil penalty provision\" in the Law is to be read as including a reference to a provision of an Order under section 16Y, or a provision of the Law or the Rules modified by the Order, which, under the Order, is a civil penalty provision for the purposes of the Law.\n\nS. 16ZDA inserted by No. 33/2021 s. 18.\n\n\t16ZDA Court order in relation to contraventions of enforceable provisions\n\n(1) If, on an application by the Minister, the Supreme Court is satisfied that a person—\n\n(a) has contravened, or is proposing to contravene, an enforceable provision; or\n\n(b) has been in any way, directly or indirectly, knowingly concerned in, or party to, a contravention or proposed contravention of an enforceable provision; or\n\n(c) has aided, abetted, counselled or procured such a contravention; or\n\n(d) has induced, whether by threats or promises or otherwise, such a contravention; or\n\n(e) has been in any way, directly or indirectly, knowingly concerned in, or party to such a contravention; or\n\n(f) has conspired with others to effect such a contravention—\n\nthe Court may make an order restraining a person from engaging in specified conduct or requiring a person to take any specific action, in such terms as the Court determines is appropriate.\n\n(2) If an application for an order under subsection (1) has been made, the Court may, if the Court determines it to be appropriate, make an order by consent of all the parties to the proceeding, whether or not the Court is satisfied that a person has contravened, or is proposing to contravene, the enforceable provision.\n\n(3) If in the opinion of the Court it is desirable to do so, the Court may make an interim order pending determination of an application under subsection (1).\n\n(4) The Court may rescind or vary an order or interim order made under this section.\n\n(5) The power of the Court to grant an order restraining a person from engaging in conduct contravening an enforceable provision may be exercised—\n\n(a) whether or not it appears to the Court that the person intends to contravene again, or to continue to contravene the enforceable provision; and\n\n(b) whether or not the person has previously contravened the enforceable provision; and\n\n(c) whether or not there is an imminent danger of substantial damage to any other person or to property if the person contravenes the enforceable provision.\n\n***enforceable provision*** means—\n\n(a) a provision of the Law applying as a law of Victoria, or a provision of the Rules having the force of law in Victoria, as modified under an Order under section 16Y which—\n\n(i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision, as modified; or\n\n(ii) prohibits a person from doing a thing specified in the provision, as modified; or\n\n(b) a provision of an Order under section 16Y which—\n\n(i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision; or\n\n(ii) prohibits a person from doing a thing specified in the provision.\n\nS. 16ZDB inserted by No. 33/2021 s. 18.\n\n\t16ZDB Undertakings as to damages and costs\n\nIf, in an application under section 16ZDA, the Supreme Court determines to grant an order restraining a person from engaging in specified conduct, the Court must not, as a condition of granting the order, require the Minister to give any undertaking as to damages or costs.\n\nS. 16ZE inserted by No. 10/2020 s. 4.\n\n\t16ZE Recovery of augmentation related costs or non-network services costs specified in an Order\n\n(1) This section applies despite anything to the contrary in the Law or the Rules.\n\n(2) For the purposes of the Law and the Rules, augmentation related costs or non‑network services costs specified in an Order under section 16Y as recoverable through charges in respect of services specified in that Order may be recovered through such charges.\n\nS. 16ZF inserted by No. 10/2020 s. 4.\n\n\t16ZF Augmentation related costs or non‑network services costs are a pass through event\n\n(1) This section applies if an Order under section 16Y provides that augmentation related costs or  \nnon-network services costs specified in the Order may be recovered as a pass through event.\n\n(2) For the purposes of the Law and the Rules, the augmentation related costs or non‑network services costs specified in the Order are taken to be a pass through event.\n\nS. 16ZG inserted by No. 10/2020 s. 4.\n\n\t16ZG Orders are not legislative instruments\n\nAn Order under section 16Y is not a legislative instrument for the purposes of the **Subordinate Legislation Act 1994**.\n\nS. 16ZH inserted by No. 10/2020 s. 4.\n\n\t16ZH Authorisation of things done before commencement day as preparatory steps for making of Order\n\n(1) This section applies if the Minister does a thing before the commencement day that, if that thing were done on or after that day, would be a thing required to be done under this Division before making an Order under section 16Y (a ***preparatory step***).\n\n(2) For the purposes of this Division, on the commencement day the Minister is taken to have complied with the requirement to do the preparatory step.\n\n***commencement day*** means the day on which the **National Electricity (Victoria) Amendment Act 2020** comes into operation.\n\nS. 16ZHA inserted by No. 38/2025 s. 26.\n\n\t16ZHA Special Orders relating to National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025\n\n(1) The Minister, by Order published in the Government Gazette, may amend an Order under section 16Y to give effect to the amendments made by the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** in relation to the functions of AEMO or VicGrid.\n\n(2) Any provision of this Act that applies in relation to an Order under section 16Y applies in the same way in relation to an Order—\n\n(a) that has been made under section 16Y; and\n\n(b) that has been amended by an Order under this section.\n\n(3) However, the Minister is not required—\n\n(a) to have regard to the matters referred to in section 16Z(1) when making an Order under this section; or\n\n(b) to consult with the Premier, the Treasurer, AEMO or VicGrid before making an Order under this section; or\n\n(c) to publish the Minister's reasons for making an Order under this section.\n\n(4) An Order under this section is not a legislative instrument for the purposes of the **Subordinate Legislation Act 1994**.\n\nS. 16ZI inserted by No. 10/2020 s. 4.\n\n\t16ZI Review of operation of Division\n\n(1) The Minister must cause an independent review of the operation of this Division.\n\n(2) The review—\n\n(a) must consider—\n\n(i) whether it is necessary for the Division to continue to be in force; and\n\n(ii) if it is necessary for the Division to continue to be in force, whether the Division should be amended, having regard to—\n\n(A) the demand supply balance for electricity in Victoria; and\n\n(B) the regulatory investment tests applying under the Law or the Rules at the time of the review to augmentations of a transmission system; and\n\n(b) may consider any other matter that the Minister considers relevant.\n\nS. 16ZI(3) amended by No. 15/2024 s. 7.\n\n(3) The review must be conducted and completed before 31 December 2026.\n\n(4) A person who undertakes such a review must give the Minister a written report of the review by the date determined by the Minister.\n\n(5) The Minister must cause to be laid before each House of Parliament a copy of the report of the review.\n\n***independent review*** means review by persons who in the opinion of the Minister have appropriate qualifications to conduct the review.\n\nS. 16ZIA inserted by No. 9/2026 s. 16.\n\n\t16ZIA Certain requirements of Environment Effects Act 1978 not to apply to Orders\n\nNothing in section 8C(1)(b) of the **Environment Effects Act 1978** prevents the Minister from making any Order under section 16Y.\n\nPt 3 Div. 8 (Heading and ss 16ZJ–16ZM) inserted by No. 24/2023 s. 3.\n\nDivision 8—Additional Victorian requirements for Ministerial T‑3 reliability instruments\n\nS. 16ZJ inserted by No. 24/2023 s. 3.\n\n\t16ZJ Application of this Division\n\n(1) This Division applies when the Minister exercises the Minister's power under section 14JA of the National Electricity (Victoria) Law to make a  \nT-3 reliability instrument.\n\n(2) Subject to this Division, the requirements of this Division are in addition to, and do not limit, section 14JA of the National Electricity (Victoria) Law.\n\nS. 16ZK inserted by No. 24/2023 s. 3.\n\n\t16ZK Minister must have regard to certain matters in deciding whether to make a T‑3 reliability instrument\n\n(1) In deciding whether to make a T-3 reliability instrument, the Minister—\n\n(a) must have regard to—\n\n(i) the liquidity of the market for the trading of Victoria region electricity derivatives that could become MLO products if the Minister were to make the instrument; and\n\n(ii) the likelihood and consequence of multiple or critical generating units or transmission systems being available at any relevant time for the generation, or transmission, of electricity, as the case requires; and\n\n(iii) the impact on consumers of electricity if the Minister were to make the instrument; and\n\n(iv) any matter that is prescribed; and\n\n(b) may have regard to any other matter that the Minister considers relevant.\n\n***generating unit*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\n***MLO product*** has the same meaning as in Part G of Chapter 4A of the National Electricity Rules;\n\n***Victoria region*** means the region (within the meaning of section 14C of the National Electricity (Victoria) Law) determined under the Rules as the Victoria region;\n\n***Victoria region electricity derivative*** means a derivative directly related to the purchase or sale, or price for the purchase or sale, of electricity from the wholesale exchange for supply and sale to end users in the Victoria region;\n\n***wholesale exchange*** has the meaning given by section 14C of the National Electricity (Victoria) Law.\n\nS. 16ZL inserted by No. 24/2023 s. 3.\n\n\t16ZL Minister to consult the Premier and Treasurer before making a T-3 reliability instrument\n\nBefore making a T-3 reliability instrument, the Minister must consult the Premier and the Treasurer.\n\nS. 16ZM inserted by No. 24/2023 s. 3.\n\n\t16ZM Minister must publish T-3 reliability instrument or variation and reasons in Government Gazette\n\n(1) On the same day the Minister publishes notice of the making of, or a variation to, a T-3 reliability instrument under section 14JA(6)(b) of the National Electricity (Victoria) Law, the Minister must publish in the Government Gazette the following—\n\n(a) the T-3 reliability instrument or the variation to which the notice relates;\n\n(b) the reasons for the making of the T‑3 reliability instrument or the variation to which the notice relates.\n\n(2) Subsection (1) applies despite section 14JA(6)(a) of the National Electricity (Victoria) Law.\n\nPt 3A (Headings and ss 16ZN–16ZZE) inserted by No. 38/2025 s. 7.\n\nPart 3A—Modification of application of the National Electricity (Victoria) Law—VicGrid\n\nS. 16ZN inserted by No. 38/2025 s. 7.\n\n\t16ZN Application\n\nWithout limiting section 6, the National Electricity (Victoria) Law applies as a law of Victoria subject to this Part.\n\nDivision 2—Modifications conferring VicGrid functions and powers under the Law\n\nS. 16ZO inserted by No. 38/2025 s. 7.\n\n\t16ZO NEL definitions\n\n(1) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in the definition of ***adoptive jurisdiction***, in paragraph (b), for \"AEMO\" there were substituted \"VicGrid\"; and\n\n(b) in the definition of ***AER economic regulatory function or power***, in paragraph (a)(ii), for \"AEMO\" there were substituted \"VicGrid\"; and\n\n(c) in the definition of ***declared network functions***, for \"AEMO's\" there were substituted \"VicGrid's\".\n\n(2) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of ***jurisdictional system security coordinator*** there were inserted the following definition—\n\n\"***landholder payment function***, in relation to VicGrid, means a function or power conferred on VicGrid under Part 7 of the *National Electricity (Victoria) Act 2005*  of Victoria;\".\n\n(3) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of ***revenue and pricing principles*** there were inserted the following definition—\n\n\"***REZ planning function***, in relation to VicGrid, has the meaning given by section 51 of the *National Electricity (Victoria) Act 2005*  of Victoria;\".\n\n(4) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if for the definition of ***statutory functions*** there were substituted—\n\n\"***statutory functions***—\n\n(a) in relation to AEMO, means functions or powers conferred under—\n\n(i) this Law or the Rules; or\n\n(ii) the National Gas Law, the National Gas Rules, or related subordinate legislation; and\n\n(b) in relation to VicGrid, means functions or powers conferred under this Law or the Rules;\".\n\n(5) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of ***VENCorp*** there were inserted the following definition—\n\n\"***VicGrid*** has the same meaning as in section 3(1) of the *National Electricity (Victoria) Act 2005* of Victoria;\".\n\nS. 16ZP inserted by No. 38/2025 s. 7.\n\n\t16ZP Declared network functions\n\n(1) The heading to Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) for \"**Role**\" there were substituted \"**Roles**\"; and\n\n(b) after \"**AEMO**\" there were inserted \"**and VicGrid**\".\n\n(2) Section 49(1)(g) of the National Electricity (Victoria) Law applies as a law of Victoria as if \"or declared network functions (as the case requires)\" were omitted.\n\n(3) Division 1 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if after section 49 there were inserted—\n\n\"49AA AEMO to have qualified exemption for performing statutory functions\n\n(1) For performing statutory functions, AEMO—\n\n(a) is not required to be registered as a Registered participant; and\n\n(b) is not subject to the provisions of the Rules applicable to network service providers.\n\n(2) However—\n\n(a) a Rule applicable to a Registered participant or a network service provider extends (with or without modification) to AEMO if provision is made for its application (or modified application) to AEMO by the Rules; and\n\n(b) provision may be made for extending the application of such a Rule to AEMO even though AEMO does not own, control or operate a declared shared network.\".\n\n(4) Division 2 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in the heading to Division 2, after \"**AEMO's**\" there were inserted \"**and VicGrid's**\"; and\n\n(b) in the heading to Subdivision 3 and the heading to section 50C, for \"**AEMO's**\" there were substituted \"**VicGrid's**\"; and\n\n(c) in section 50C(1), for \"AEMO's declared network functions are as follows\" there were substituted \"The following functions are conferred on VicGrid\"; and\n\n(d) after section 50C(1)(d) there were inserted—\n\n\"(da) to carry out early works (within the meaning of the Rules), including the procurement of such works, for the purposes of augmentations of the declared shared network that will be procured by VicGrid;\n\n(db) to disclose information held by VicGrid to other persons or bodies in accordance with this Law, the Rules and the Regulations;\n\n(dc) REZ planning functions;\n\n(dd) landholder payment functions;\"; and\n\n(e) after section 50C(2) there were inserted—\n\n\"(3) VicGrid must, in carrying out functions referred to in subsection (1) (other than paragraphs (da), (db), (dc) and (dd) of that subsection), have regard to the national electricity objective.\"; and\n\n(f) in section 50D(1), for \"AEMO\" there were substituted \"VicGrid\"; and\n\n(g) in section 50D(1)(a), for \"AEMO's\" there were substituted \"VicGrid's\"; and\n\n(h) in section 50D(2), for \"AEMO\" (where twice occurring) there were substituted \"VicGrid\"; and\n\n(i) in the exception at the foot of section 50D(4), for \"AEMO's\" there were substituted \"VicGrid's\"; and\n\n(j) in section 50E(1)(a) and (3), for \"AEMO\" there were substituted \"VicGrid\"; and\n\n(k) in section 50F(1)(a) and (b), (2), (3) and (4)(b), for \"AEMO\" there were substituted \"VicGrid\"; and\n\n(l) in section 50F(4)(b), for \"AEMO's\" there were substituted \"VicGrid's\"; and\n\n(m) in the heading to section 50G, for \"**AEMO**\" there were substituted \"**VicGrid**\"; and\n\n(n) in section 50G(1), for \"AEMO\" there were substituted \"VicGrid\"; and\n\n(o) in section 50G(2)(a) and (b), for \"AEMO\" (where twice occurring) there were substituted \"VicGrid\"; and\n\n(p) in section 50H(1) and (4)(b), for \"AEMO\" there were substituted \"VicGrid\"; and\n\n(q) in section 50H(6), for \"AEMO's\" there were substituted \"VicGrid's\"; and\n\n(r) in section 50J(1), for \"AEMO's\" there were substituted \"VicGrid's\"; and\n\n(s) in section 50J(2) and (3), for \"AEMO\" there were substituted \"VicGrid\".\n\nS. 16ZQ inserted by No. 38/2025 s. 7.\n\n\t16ZQ Fees and charges\n\nSection 52 of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in the heading to section 52, after \"**AEMO**\" there were inserted \"**and VicGrid**\";\n\n(b) in subsection (1), after \"AEMO\" there were inserted \"or VicGrid\";\n\n(c) in the note at the foot of subsection (3), after \"AEMO\" there were inserted \"or VicGrid\";\n\n(d) in subsection (4) and the note at the foot of that subsection, after \"AEMO's\" there were inserted \"or VicGrid's\";\n\n(e) in subsection (5), after \"AEMO's\" there were inserted \"or VicGrid's\".\n\nS. 16ZR inserted by No. 38/2025 s. 7.\n\n\t16ZR Information gathering\n\nDivision 5 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in section 53(1), (3) and (4)(a)(i), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(b) for section 53(2) there were substituted—\n\n\"(2) A ***relevant function*** is—\n\n(a) for AEMO—\n\n(i) an NTP function; or\n\n(ii) an additional advisory function; or\n\n(iii) any other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument;\n\n(b) for VicGrid—\n\n(i) a declared network function (other than the function conferred under section 50C(1)(db)); or\n\n(ii) a function for which this Law authorises VicGrid to gather information by means of a market information instrument.\"; and\n\n(c) in section 53A(1), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(d) in section 53A(2), after \"AEMO's\" there were inserted \"or VicGrid's\"; and\n\n(e) in section 53B(1) and (2)(a), after \"AEMO\" (where twice occurring) there were inserted \"or VicGrid\"; and\n\n(f) in section 53B(3), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(g) in section 53C(1)(a), after \"AEMO's\" there were inserted \"or VicGrid's\"; and\n\n(h) in section 53C(2)—\n\n(i) after \"AEMO\" there were inserted \"or VicGrid\";\n\n(ii) after \"order\" there were inserted \"that they have issued\"; and\n\n(i) in section 53D—\n\n(ii) for \"its\" there were substituted \"their\".\n\nS. 16ZS inserted by No. 38/2025 s. 7.\n\n\t16ZS Protected information\n\nDivision 6 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in the heading to Subdivision 1, after \"**AEMO's**\" there were inserted \"**and VicGrid's**\"; and\n\n(b) after section 54(1) there were inserted—\n\n\"(1a) VicGrid must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information (***protected information***)—\n\n(a) given to it in confidence; or\n\n(b) given to it in connection with the performance of its declared network functions.\"; and\n\n(c) in section 54(2), (3) and (4), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(d) in the note at the foot of section 54(2), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(e) in the heading to Subdivision 2, after \"**AEMO**\" there were inserted \"**or VicGrid**\"; and\n\n(f) in section 54A(1) and (2), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(g) in section 54B, after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(h) in section 54C(2), after \"information\" there were inserted \"by AEMO\"; and\n\n(i) after section 54C(2)(ed) there were inserted—\n\n\"(ee) VicGrid;\" and\n\n(j) after section 54C(2) there were inserted—\n\n\"(2a) The disclosure of protected information by VicGrid to any of the following is authorised:\n\n(a) the Australian Competition and Consumer Commission;\n\n(b) the Australian Energy Regulator;\n\n(c) the Australian Energy Market Commission;\n\n(d) AEMO;\n\n(e) the Energy Security Board;\n\n(f) a jurisdictional regulator;\n\n(g) the Australian Bureau of Statistics;\n\n(h) the Clean Energy Regulator;\n\n(i) each department responsible for the administration of the application Act of a participating jurisdiction;\n\n(j) the Minister of a participating jurisdiction;\n\n(k) the energy ombudsman;\n\n(l) a prescribed body;\n\n(m) a person or body who—\n\n(i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or\n\n(ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph;\n\n(n) any staff or consultant assisting a body mentioned above in performing its functions or exercising its powers.\"; and\n\n(k) after section 54C(5) there were inserted—\n\n\"(5a) Subject to any conditions imposed under subsection (5b), a person or body to whom protected information is disclosed under subsection (2a) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body.\n\n(5b) VicGrid may impose conditions to be complied with in relation to protected information disclosed under subsection (2a).\n\n(5c) Subject to any conditions imposed under subsection (5b), the disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, a body mentioned in subsection (2b) is authorised.\"; and\n\n(l) in section 54CA(1), (3), (4) and (7)(a), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(m) in the heading to section 54CB, after \"**AEMO**\" there were inserted \"**or VicGrid**\"; and\n\n(n) in section 54CB, after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(o) in section 54D, after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(p) in section 54E(1) and (2), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(q) in section 54F, after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(r) in section 54FA—\n\n(ii) after \"Rules\" there were inserted \", or the *National Electricity (Victoria) Act 2005*  of Victoria or regulations or an Order in Council made under that Act,\"; and\n\n(s) after section 54G(2) there were inserted—\n\n\"(2a) VicGrid is authorised to disclose protected information if—\n\n(a) the disclosure is necessary for—\n\n(i) the safety, reliability or security of the supply of electricity; or\n\n(ii) the safety, reliability or security of the national electricity system; or\n\n(b) the disclosure is necessary for the proper operation of the national electricity market; or\n\n(c) the information is in the public domain.\n\n(2b) VicGrid may impose conditions to be complied with in relation to information disclosed under subsection (2a)(a) or (b).\"; and\n\n(t) in section 54H(1), after \"AEMO\" (where twice occurring) there were inserted \"or VicGrid\"; and\n\n(u) in section 54H(2), (3) and (6), after \"AEMO\" (wherever occurring) there were inserted \"or VicGrid\"; and\n\n(v) in section 54H(2)(b), (3)(b) and (6)(b), after \"AEMO's\" there were inserted \"or VicGrid's\"; and\n\n(w) in section 54H(4) and (7), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(x) in section 54H(7a), after \"AEMO's\" (wherever occurring) there were inserted \"or VicGrid's\".\n\nDivision 3—Other modifications related to conferral of VicGrid functions and powers under the Law\n\nS. 16ZT inserted by No. 38/2025 s. 7.\n\n\t16ZT Meaning of civil penalty provision and conduct provision\n\nSection 2AA(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in paragraph (c), for \"provision.\" there were substituted \"provision; or\"; and\n\n(b) after paragraph (c) there were inserted—\n\n\"(d) a provision of the *National Electricity (Victoria) Act 2005* of Victoria or the National Electricity Rules or a condition to which a grid impact authority or REZ scheme authority is subject that is prescribed by regulations made under the *National Electricity (Victoria) Act 2005* of Victoria.\".\n\nS. 16ZU inserted by No. 38/2025 s. 7.\n\n\t16ZU Civil penalty amounts for breaches of civil penalty provisions\n\nSection 2AB(1)(b) of the National Electricity (Victoria) Law applies as a law of Victoria as if after \"Regulations\" there were inserted \", or a breach of a civil penalty provision mentioned in section 2AA(1)(d) and prescribed by regulations made under the *National Electricity (Victoria) Act 2005* of Victoria,\".\n\nS. 16ZV inserted by No. 38/2025 s. 7.\n\n\t16ZV Functions and powers of AER under the Law\n\n(1) Section 15(1)(a) of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in subparagraph (iii), for \"the Regulations or a transmission determination\" there were substituted \"or the Regulations\"; and\n\n(b) after subparagraph (iii) there were inserted—\n\n\"(iv) VicGrid with this Law, the Rules, the Regulations or a transmission determination; and\".\n\n(2) Section 15(3) of the National Electricity (Victoria) Law applies as a law of Victoria as if after \"AEMO\" (wherever occurring) there were inserted \"or VicGrid\".\n\nS. 16ZW inserted by No. 38/2025 s. 7.\n\n\t16ZW Manner in which AER performs AER economic regulatory functions or powers\n\nSection 16(1)(b) of the National Electricity (Victoria) Law applies as a law of Victoria as if after subparagraph (iii) there were inserted—\n\n\"(iiia) if VicGrid is affected by the determination—VicGrid; and\".\n\nS. 16ZX inserted by No. 38/2025 s. 7.\n\n\t16ZX Applications for judicial review\n\nSection 70(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if in paragraphs (a), (b) and (c), for \"or AEMO\" there were substituted \", AEMO or VicGrid\".\n\nS. 16ZY inserted by No. 38/2025 s. 7.\n\n\t16ZY Definitions for the purposes of Division 3A of Part 6\n\nSection 71A of the National Electricity (Victoria) Law applies as a law of Victoria as if in the definition of ***information disclosure decision***—\n\n(a) in paragraph (b), after \"section 54H;\" there were inserted \"or\"; and\n\n(b) after paragraph (b) there were inserted—\n\n\"(c) a decision to disclose information made by VicGrid under section 54H other than a decision to disclose information given to VicGrid in connection with the performance of—\n\n(i) a REZ planning function; or\n\n(ii) a landholder payment function;\".\n\nS. 16ZZ inserted by No. 38/2025 s. 7.\n\n\t16ZZ Determination in the review\n\nSection 71U(2)(b) and (c), (3) and (4) of the National Electricity (Victoria) Law apply as a law of Victoria as if for \"or AEMO\" there were substituted \", AEMO or VicGrid\".\n\nS. 16ZZA inserted by No. 38/2025 s. 7.\n\n\t16ZZA Assistance from AER, AEMO or VicGrid\n\nSection 71W of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in the heading to section 71W, for \"**or AEMO**\" there were substituted \"**, AEMO or VicGrid**\"; and\n\n(b) for \"or AEMO\" there were substituted \", AEMO or VicGrid\".\n\nS. 16ZZB inserted by No. 38/2025 s. 7.\n\n\t16ZZB Obligations under Rules to make payments\n\nSection 72 of the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in subsection (1)(a), after \"AEMO\" there were inserted \", VicGrid\"; and\n\n(b) in subsection (1)(b)—\n\n(ii) for \"participant,\" there were substituted \"participant; or\"; and\n\n(c) after subsection (1)(b) there were inserted—\n\n\"(c) AEMO is required to pay an amount to VicGrid; or\n\n(d) VicGrid is required to pay an amount to AEMO,\"; and\n\n(d) in subsection (1), for \", or AEMO (as the case requires),\" there were substituted \", AEMO or VicGrid (as the case requires)\"; and\n\n(e) in subsection (2)—\n\n(i) after \"AEMO\" (where first occurring) there were inserted \", VicGrid\"; and\n\n(ii) after \"AEMO\" (where secondly occurring) there were inserted \"or VicGrid\"; and\n\n(iii) after \"participant,\" there were inserted \"or one another,\"; and\n\n(f) in subsection (2)(a), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(g) in subsection (2)(b), for \", or AEMO (as the case requires),\" there were substituted \", AEMO or VicGrid (as the case requires)\"; and\n\n(h) in subsection (3), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(i) in subsection (4), in the definition of ***civil claim Rule dispute***—\n\n(ii) after \"person,\" there were inserted \"or between AEMO and VicGrid,\".\n\nS. 16ZZC inserted by No. 38/2025 s. 7.\n\n\t16ZZC Definitions for the purposes of Part 7\n\nSection 87 of the National Electricity (Victoria) Law applies as a law of Victoria as if in the definition of ***electricity market regulatory body***, after paragraph (b) there were inserted—\n\n\"(ba) VicGrid;\".\n\nS. 16ZZD inserted by No. 38/2025 s. 7.\n\n\t16ZZD Immunity in relation to failure to supply electricity\n\nSection 120 of the National Electricity (Victoria) Law applies as a law of Victoria as if after subsection (3) there were inserted—\n\n\"(3a) A reference in subsection (3)(a) to a function of AEMO under this Law does not include a reference to a function referred to in section 68(1) of the *National Electricity (Victoria) Act 2005* of Victoria.\n\nAEMO functions under section 68(1) of the *National Electricity (Victoria) Act 2005* of Victoria are functions conferred on AEMO for the purposes of section 49(1) of the Law—see section 49(1)(h) of the Law.\".\n\nS. 16ZZE inserted by No. 38/2025 s. 7.\n\n\t16ZZE Schedule 2—Miscellaneous provisions relating to interpretation\n\n(1) The heading to clause 31AF of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if after \"**AEMO**\" there were inserted \"**and VicGrid**\".\n\n(2) Clause 31AF(1) of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if—\n\n(a) in paragraph (a), after \"AEMO\" there were inserted \"or VicGrid\"; and\n\n(b) in paragraph (c), after \"AEMO's\" there were inserted \"or VicGrid's\".\n\n(3) Clause 31AF of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if for subclause (2) there were substituted—\n\n\"(2) For this clause, an ***authorised officer*** is—\n\n(a) AEMO's CEO or a person authorised by AEMO's CEO to issue certificates under this clause; or\n\n(b) VicGrid's CEO or a person authorised by VicGrid's CEO to issue certificates under this clause.\".\n\nPt 4 (Heading and ss 17–29) inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 ss 43, 44).\n\n","sortOrder":63},{"sectionNumber":"Part 4","sectionType":"part","heading":"Economic regulatory distribution functions transitional arrangements","content":"Part 4—Economic regulatory distribution functions transitional arrangements\n\nS. 17 inserted by No. 66/2007 s. 5.\n\n","sortOrder":64},{"sectionNumber":"17","sectionType":"section","heading":"Definitions","content":"\t17 Definitions\n\n***AMI Order*** means—\n\n(a) the initial AMI Order; or\n\n(b) any other Order made by the Governor in Council under section 46D of the **Electricity Industry Act 2000** that is in force immediately before the transitional period commencement date;\n\n***distribution licence*** has the same meaning as in the **Electricity Industry Act 2000**;\n\n***distribution services*** has the meaning given by section 18;\n\nS. 17 def. of *ESC enforceable regulatory requirement* inserted by No. 11/2013 s. 14.\n\n***ESC enforceable regulatory requirement*** means a relevant regulatory law or instrument, or a provision of a relevant regulatory law or instrument, specified under an Order under section 22A;\n\n***initial AMI Order*** means the Order—\n\n(a) made by the Governor in Council under sections 15A and 46D of the **Electricity Industry Act 2000**; and\n\n(b) published in the Government Gazette on 28 August 2007;\n\n***relevant distributor*** means—\n\n(a) a distribution company within the meaning of the **Electricity Industry Act 2000**; or\n\n(b) a person who—\n\n(i) engages in the distribution or supply of electricity; and\n\n(ii) is exempted under an Order under section 17 of the **Electricity Industry Act 2000** from the requirement to obtain a licence under that Act in respect of that activity;\n\n***relevant regulatory duty*** has the meaning given by section 19;\n\n***relevant regulatory function or power*** has the meaning given by section 20;\n\n***relevant regulatory law or instrument*** means—\n\n(a) the **Essential Services Commission Act 2001**; or\n\n(b) the **Electricity Industry Act 2000**; or\n\n(c) any regulation made under the **Essential Services Commission Act 2001** or the **Electricity Industry Act 2000**; or\n\n(d) the Tariff Order; or\n\n(e) an AMI Order; or\n\n(f) an Order made by the Governor in Council (other than the Tariff Order or an AMI Order) under the **Electricity Industry Act 2000**; or\n\n(g) the 2006–2010 distribution pricing determination; or\n\n(h) a distribution licence; or\n\n(i) a code or guideline made by the ESC;\n\n***specified distribution licence condition*** means a condition of a distribution licence specified by Order under section 21;\n\n***specified ESC code*** ***or guideline provision*** means a provision of a code or guideline published by the ESC specified by Order under section 22;\n\n***transitional period commencement date*** means the date on which section 5 of the **National Electricity (Victoria) Amendment Act 2007** comes into operation.\n\nS. 18 inserted by No. 66/2007 s. 5.\n\n","sortOrder":65},{"sectionNumber":"18","sectionType":"section","heading":"Meaning of distribution services","content":"\t18 Meaning of distribution services\n\n(1) Distribution services are services provided by means of, or in connection with, a distribution system.\n\n(2) Without limiting subsection (1), distribution services include—\n\n(a) services provided relating to the connection to, and use of, a distribution system; and\n\n(b) services provided relating to augmentations to a distribution system; and\n\n(c) metering services; and\n\n(d) services to facilitate access to services provided by means of, or in connection with, a distribution system; and\n\n(e) the supply of electricity from a distribution system; and\n\n(f) services to facilitate the distribution of electricity; and\n\n(g) public lighting services.\n\nS. 19 inserted by No. 66/2007 s. 5.\n\n","sortOrder":66},{"sectionNumber":"19","sectionType":"section","heading":"Meaning of relevant regulatory duty","content":"\t19 Meaning of relevant regulatory duty\n\nA relevant regulatory duty is—\n\n(a) a duty the ESC had, immediately before the transitional period commencement date, under a relevant regulatory law or instrument that relates to the economic regulation of the provision of distribution services by a relevant distributor other than a duty—\n\n(i) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence; or\n\n(ii) to make or amend a code or guideline that relates to the provision of distribution services; or\n\n(b) a duty the ESC has under—\n\n(i) a specified distribution licence condition; or\n\n(ii) a specified ESC code or guideline provision.\n\nS. 20 inserted by No. 66/2007 s. 5.\n\n","sortOrder":67},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of relevant regulatory function or power","content":"\t20 Meaning of relevant regulatory function or power\n\nA relevant regulatory function or power is—\n\n(a) a function or power the ESC had, immediately before the transitional period commencement date, under a relevant regulatory law or instrument that relates to the economic regulation of the provision of distribution services by a relevant distributor other than a function or power—\n\n(i) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence; or\n\n(ii) to make or amend a code or guideline that relates to the provision of distribution services; or\n\n(b) a function or power the ESC has under—\n\n(i) a specified distribution licence condition; or\n\n(ii) a specified ESC code or guideline provision.\n\nS. 21 inserted by No. 66/2007 s. 5.\n\n","sortOrder":68},{"sectionNumber":"21","sectionType":"section","heading":"Specified distribution licence conditions","content":"\t21 Specified distribution licence conditions\n\nThe Minister, by Order published in the Government Gazette, may specify a condition of a distribution licence that—\n\n(a) relates to the provision of distribution services and does not relate to the economic regulation of the provision of those services; and\n\n(b) confers a function or power, or imposes a duty, on the ESC—\n\nas a specified distribution licence condition if the Minister considers that the AER must be conferred that function or power, or be subject to that duty, for the purposes of this Part.\n\nS. 22 inserted by No. 66/2007 s. 5.\n\n","sortOrder":69},{"sectionNumber":"22","sectionType":"section","heading":"Specified ESC code or guideline provisions","content":"\t22 Specified ESC code or guideline provisions\n\nThe Minister, by Order published in the Government Gazette, may specify a provision of a code or guideline published by the ESC that—\n\n(a) relates to the provision of distribution services and does not relate to the economic regulation of the provision of those services; and\n\n(b) confers a function or power, or imposes a duty, on the ESC—\n\nas a specified ESC code or guideline provision if the Minister considers that the AER must be conferred that function or power, or be subject to that duty, for the purposes of this Part.\n\nS. 22A inserted by No. 11/2013 s. 15.\n\n","sortOrder":70},{"sectionNumber":"22A","sectionType":"section","heading":"Specified regulatory law or instrument provisions are ESC enforceable regulatory requirements","content":"\t22A Specified regulatory law or instrument provisions are ESC enforceable regulatory requirements\n\nThe Minister, by Order published in the Government Gazette, may specify a relevant regulatory law or instrument, or a provision of a relevant regulatory law or instrument, as an ESC enforceable regulatory requirement.\n\nS. 23 inserted by No. 66/2007 s. 5.\n\n","sortOrder":71},{"sectionNumber":"23","sectionType":"section","heading":"Certain ESC regulatory functions, powers and duties conferred and imposed on the AER","content":"\t23 Certain ESC regulatory functions, powers and duties conferred and imposed on the AER\n\n(1) On and from the transitional period commencement date the AER is, by force of this subsection—\n\n(a) conferred a relevant regulatory function or power; and\n\n(b) subject to a relevant regulatory duty.\n\n(2) In addition, the AER has the functions and powers conferred, and is subject to the duties imposed, on it under this Part.\n\nS. 23(3) amended by No. 11/2013 s. 16.\n\n(3) For the purposes of this Part, on and from the transitional period commencement date, every reference to the Essential Services Commission (by whatever name described) in—\n\n(a) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by a relevant distributor); or\n\n(c) a specified ESC code or guideline provision—\n\nis to be taken to be a reference to the AER or the Essential Services Commission, as the case requires.\n\nS. 24 inserted by No. 66/2007 s. 5, amended by No. 11/2013 s. 17 (ILA s. 39B(1)).\n\n","sortOrder":72},{"sectionNumber":"24","sectionType":"section","heading":"ESC ceases to have certain distribution system related regulatory functions, powers and duties","content":"\t24 ESC ceases to have certain distribution system related regulatory functions, powers and duties\n\n(1) Despite anything to the contrary in any Act or instrument, on the transitional period commencement date the ESC, by force of this section, ceases to have any function or power, or to be subject to any duty, under—\n\n(a) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by a relevant distributor); or\n\n(c) a specified ESC code or guideline provision.\n\nS. 24(2) inserted by No. 11/2013 s. 17.\n\n(2) On and after the commencement of section 17 of the **Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013**, the ESC has every function or power under a specified law, instrument or provision necessary for it to perform a function or duty or exercise a power under the **Essential Services Commission Act 2001**.\n\nS. 24(3) inserted by No. 11/2013 s. 17.\n\n(3) Subsection (2) applies despite anything to the contrary in subsection (1).\n\nS. 24(4) inserted by No. 11/2013 s. 17.\n\n(4) In subsection (2), ***specified law, instrument or provision*** means—\n\n(a) a relevant regulatory law or instrument; or\n\n(c) a specified ESC code or guideline provision.\n\nS. 25 inserted by No. 66/2007 s. 5.\n\n","sortOrder":73},{"sectionNumber":"25","sectionType":"section","heading":"Enforcement of Victorian distribution pricing determination and distribution licences by AER","content":"\t25 Enforcement of Victorian distribution pricing determination and distribution licences by AER\n\n(1) This section applies if a relevant distributor has contravened or is contravening or, in the opinion of the AER, is likely to contravene, as the case requires—\n\n(a) a Victorian distribution pricing determination; or\n\n(b) a condition of a distribution licence that requires compliance with—\n\n(i) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by the relevant distributor); or\n\n(ii) a code or a guideline published by the ESC that relates to the economic regulation of the provision of distribution services by the distributor—\n\nand the AER considers that the contravention or likely contravention is not of a trivial nature.\n\n(2) The AER may serve a provisional order or a final order on the relevant distributor requiring the distributor—\n\n(a) to comply with—\n\n(i) a Victorian distribution pricing determination; or\n\n(ii) the relevant distribution licence condition; and\n\n(b) if a contravention has already occurred, to take such actions as are specified in the order to rectify the contravention.\n\nS. 25(3) amended by No. 41/2021 s. 129.\n\n(3) Section 53(2) to (9) and section 54 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**,  apply as if—\n\n(a) reference in those sections to a provisional order or a final order were a reference to a provisional order or a final order made and served under this section; and\n\n(b) a reference to the Commission were a reference to the AER.\n\nS. 26 inserted by No. 66/2007 s. 5,  \namended by No. 11/2013 s. 18 (ILA s. 39B(1)).\n\n","sortOrder":74},{"sectionNumber":"26","sectionType":"section","heading":"ESC cannot enforce Victorian pricing determination or certain distribution licence conditions","content":"\t26 ESC cannot enforce Victorian pricing determination or certain distribution licence conditions\n\nS. 26(1) amended by No. 41/2021 s. 130.\n\n(1) On and from the transitional period commencement date, the ESC cannot make or serve a provisional order or a final order under section 53 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**, in respect of a contravention or likely contravention by a relevant distributor of, as the case requires—\n\n(a) a Victorian distribution pricing determination; or\n\n(b) a condition of a distribution licence that requires compliance with—\n\n(i) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by a relevant distributor); or\n\n(ii) a code or a guideline published by the ESC that relates to the economic regulation of the provision of distribution services by a distributor.\n\nS. 26(2) inserted by No. 11/2013 s. 18.\n\n(2) Subsection (1) does not apply to a contravention or likely contravention by a relevant distributor of a condition of the distribution licence held by that distributor that requires compliance with an ESC enforceable regulatory requirement.\n\nS. 27 inserted by No. 66/2007 s. 5.\n\n","sortOrder":75},{"sectionNumber":"27","sectionType":"section","heading":"AER may request amendment of distribution licences and distribution service related code or guideline","content":"\t27 AER may request amendment of distribution licences and distribution service related code or guideline\n\n(1) The AER may request the ESC to amend—\n\n(a) a distribution licence; or\n\n(b) a code or guideline published by the ESC that relates to the provision of distribution services.\n\n(2) On receiving a request under subsection (1), the ESC may, after consulting with the AER, amend the distribution licence, code or guideline (as the case may be).\n\nS. 27A inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 s. 43).\n\n","sortOrder":76},{"sectionNumber":"27A","sectionType":"section","heading":"AER determinations under the AMI Order","content":"\t27A AER determinations under the AMI Order\n\n(1) Without limiting this Part, on and from the transitional period commencement date, the AER must take action under the AMI Order as if it were the ESC, including the making of a determination under the AMI Order.\n\n(2) For the purposes of this section—\n\n(a) any Pricing Proposal (as defined in the AMI Order) made before the transitional period commencement date, and any information provided to the ESC by a distributor (as defined in the AMI Order) in connection with, or for the purposes of, a Pricing Proposal must be taken to be provided to the AER; and\n\n(b) any Application (as defined in the AMI Order) made before the transitional period commencement date, and any information provided to the ESC by a distributor in connection with or for the purposes of an Application must be taken to be made or provided to the AER; and\n\n(c) all actions taken, or things done, by the ESC before the transitional period commencement date in respect of a Pricing Proposal or an Application must be taken to be actions taken, or things done, by the AER; and\n\n(d) information provided to the ESC by a distributor before the transitional period commencement date in connection with, or for the purposes of, a Pricing Proposal or an Application may be used and relied on by it and the AER in connection with, or for the purposes of, any determination that the AER must make under the AMI Order (whether or not the determination is a determination with respect to the Pricing Proposal or Application).\n\n(3) Subsection (2)(c) does not limit the actions that the AER may take or the things that the AER may do for the purpose of making a determination under the AMI Order.\n\n(4) Subsection (2)(d) does not limit the information that—\n\n(a) the AER may request from a distributor in accordance with the AMI Order for the purpose of making a determination under the AMI Order; or\n\n(b) a distributor may be required to provide to the AER under the AMI Order for the purpose of enabling the AER to make a determination under the AMI Order.\n\nS. 28 inserted by No. 66/2007 s. 5.\n\n","sortOrder":77},{"sectionNumber":"28","sectionType":"section","heading":"Provision of information and assistance by ESC to the AER","content":"\t28 Provision of information and assistance by ESC to the AER\n\n(1) Despite any other Act or law, the ESC is authorised, on its own initiative or at the request of the AER—\n\n(a) to provide the AER with such information (including information given in confidence) in the possession or control of the ESC that is reasonably required by the AER for the purposes of this Part; and\n\n(b) to provide the AER with such other assistance as is reasonably required by the AER to perform a function or duty, or exercise a power, conferred or imposed under this Part.\n\n(2) Nothing done, or authorised to be done, by the ESC in acting under subsection (1)—\n\n(a) constitutes a breach of, or default under, an Act or other law; or\n\n(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\n(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or\n\n(d) constitutes a civil or criminal wrong; or\n\n(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\n(f) releases a surety or any other obligee wholly or in part from an obligation.\n\nS. 28A inserted by No. 11/2013 s. 19.\n\n","sortOrder":78},{"sectionNumber":"28A","sectionType":"section","heading":"Provision of information and assistance by AER to the ESC","content":"\t28A Provision of information and assistance by AER to the ESC\n\n(1) Despite any other Act or law (other than the **Charter of Human Rights and Responsibilities Act 2006**), the AER is authorised, on its own initiative or at the request of the ESC—\n\n(a) to provide the ESC with relevant regulatory information that is reasonably required by the ESC for the purposes of performing a function or duty or exercising a power under the **Essential Services Commission Act 2001** in relation to a contravention or likely contravention by a relevant distributor of a condition of the distribution licence held by that distributor constituted by a contravention or likely contravention of an ESC enforceable regulatory requirement; and\n\n(b) to provide the ESC with such other assistance as is reasonably required by the ESC to perform a function or duty, or exercise a power referred to in paragraph (a).\n\n(2) Nothing done, or authorised to be done, by the AER in acting under subsection (1)—\n\n(a) constitutes a breach of, or default under, an Act or other law; or\n\n(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or\n\n(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or\n\n(d) constitutes a civil or criminal wrong; or\n\n(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation, or gives rise to any other right or remedy; or\n\n(f) releases a surety or any other obligee wholly or in part from an obligation.\n\n***relevant regulatory information*** means information (including information given in confidence) in the possession or control of the AER that the AER has obtained in performing a function or duty or exercising a power under this Part.\n\nS. 29 inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 s. 44).\n\n","sortOrder":79},{"sectionNumber":"29","sectionType":"section","heading":"Appeals against certain decisions or actions of the AER","content":"\t29 Appeals against certain decisions or actions of the AER\n\n(1) This section applies if the AER, in exercise or performance, or purported exercise or performance, of a relevant regulatory function or power conferred on it under section 23, makes—\n\nS. 29(1)(a) amended by No. 41/2021 s. 131.\n\n(a) a requirement under section 37 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**; or\n\nS. 29(1)(b) amended by No. 41/2021 s. 131.\n\n(b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**; or\n\n(c) a determination that—\n\n(i) revokes and substitutes the 2006–2010 distribution pricing determination or a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or\n\n(ii) amends—\n\n(A) the 2006–2010 distribution pricing determination; or\n\n(B) a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or\n\n(d) a decision or determination under the AMI Order.\n\n(2) A person who is aggrieved by the requirement, decision or determination may appeal to the Tribunal against the making of the requirement, decision or determination.\n\nS. 29(3) amended by No. 21/2019 s. 26(1)(a).\n\n(3) Sections 55 and 56 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of Division 1 of Part 2 of the **Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019**,  apply to an appeal under this section as if—\n\nS. 29(3)(a) substituted by No. 55/2010 s. 43.\n\n(a) section 55(1) were omitted; and\n\nS. 29(3)(ab) inserted by No. 55/2010 s. 43.\n\n(ab) in section 55(1A), the reference to subsection (1) were a reference to subsection (2) of this section; and\n\nS. 29(3)(aba) inserted by No. 21/2019 s. 26(1)(b).\n\n(aba) in section 55(2)(c)(ii), for \"determination\" there were substituted \"decision or determination\"; and\n\nS. 29(3)(ac) inserted by No. 55/2010 s. 43.\n\n(ac) in those sections—\n\n(i) a reference to section 55(1)(a) were a reference to subsection (1)(a) of this section; and\n\n(ii) a reference to section 55(1)(b) were a reference to subsection (1)(b) of this section; and\n\n(iii) a reference to section 55(1)(c) were a reference to subsection (1)(c) or (d) of this section; and\n\n(b) in section 55(3) for \"the Registrar\" there were substituted \"the Tribunal\"; and\n\nS. 29(3)(ba) inserted by No. 21/2019 s. 26(1)(c).\n\n(ba) in section 55(3)(b) and (6), for \"determination\" there were substituted \"decision or determination\"; and\n\n(c) section 56(1) to (3) and (5) were omitted; and\n\nS. 29(3)(ca) inserted by No. 21/2019 s. 26(1)(d).\n\n(ca) in section 56(7)(c)(ii) and (d)(i) or (ii), a reference to a determination of the Commission were a reference to a decision or determination of the Commission; and\n\n(d) a reference in those sections to the Commission were a reference to the AER; and\n\n(e) a reference in those sections to an appeal panel were a reference to the Tribunal.\n\nS. 29(4) amended by Nos 46/2015 s. 3(a), 21/2019, s. 26(2).\n\n(4) Part 3 of the Essential Services Commission Regulations 2011, as in force immediately before the commencement of Division 1 of Part 2 of the **Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019**, applies to an appeal under this section as if—\n\nS. 29(4)(a) amended by No. 46/2015 s. 3(b).\n\n(a) regulations 11 and 12 of that Part were omitted; and\n\n(b) a reference in that Part to the Commission were a reference to the AER; and\n\n(c) a reference in that Part to an appeal panel were a reference to the Tribunal; and\n\n(d) a reference in that Part to the Registrar were a reference to the Tribunal.\n\nS. 29(5) def. of *Tribunal* amended by No. 21/2012 s. 239(Sch. 6 item 29.2).\n\n***Tribunal*** means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal.\n\nS. 29A inserted by No. 46/2015 s. 4.\n\n","sortOrder":80},{"sectionNumber":"29A","sectionType":"section","heading":"Interveners in appeals against decisions or determinations under the AMI Order","content":"\t29A Interveners in appeals against decisions or determinations under the AMI Order\n\n(1) The following persons are entitled to intervene in an appeal under section 29 against a decision or determination under the AMI Order—\n\n(a) the Minister;\n\n(b) a person who represents a consumer or user group.\n\n(2) For the purposes of subsection (1)(b), a person who represents a consumer or user group includes an end user representative.\n\n(3) A person who intervenes under subsection (1) may raise a ground that an appellant may raise in such an appeal even if the ground is not raised by the appellant.\n\n***end user*** means a person who acquires electricity for consumption purposes;\n\n***end user representative*** means any of the following (whether incorporated or unincorporated)—\n\n(a) an association or body—\n\n(i) the members of which include more than one end user; and\n\n(ii) that represents and promotes the interests of those members in relation to the distribution, supply, sale or consumption of electricity;\n\n(b) an association or body—\n\n(i) the members of which may or may not include an end user; and\n\n(ii) that has, as an object or purpose, the object or purpose of representing and promoting the interests of end users in relation to the distribution, supply, sale or consumption of electricity.\n\nPt 5  \n(Heading and ss 30–50) inserted by No. 23/2009 s. 4.\n\n","sortOrder":81},{"sectionNumber":"Part 5","sectionType":"part","heading":"Victorian declared networks","content":"Part 5—Victorian declared networks\n\nDivision 1—Ministerial declarations\n\nS. 30 inserted by No. 23/2009 s. 4.\n\n","sortOrder":82},{"sectionNumber":"30","sectionType":"section","heading":"Declaration of declared transmission system","content":"\t30 Declaration of declared transmission system\n\nThe Minister, by Order published in the Government Gazette, may declare a transmission system, or a part of a transmission system, situated wholly or substantially in Victoria to be the declared transmission system.\n\nS. 31 inserted by No. 23/2009 s. 4.\n\n","sortOrder":83},{"sectionNumber":"31","sectionType":"section","heading":"Declaration of declared transmission system operator","content":"\t31 Declaration of declared transmission system operator\n\nThe Minister, by Order published in the Government Gazette, may declare a person who owns, controls or operates the declared transmission system, or a part of the declared transmission system, to be a declared transmission system operator.\n\nPt 5 Div. 1A (Heading and s. 31A) inserted by No. 38/2025 s. 51.\n\n","sortOrder":84},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Advisory functions","content":"Division 1A—Advisory functions\n\nS. 31A inserted by No. 38/2025 s. 51.\n\n","sortOrder":85},{"sectionNumber":"31A","sectionType":"section","heading":"Application of advisory functions","content":"\t31A Application of advisory functions\n\nThe Minister, by Order published in the Government Gazette, may declare that Subdivision 2 of Division 2 of Part 5 of the National Electricity (Victoria) Law applies in this jurisdiction.\n\nSee section 50(1) of the National Electricity (Victoria) Law.\n\nPt 5 Div. 2 (Heading) amended by No. 38/2025 s. 52.\n\nDivision 2—Declared network functions\n\nS. 32 (Heading) amended by No. 38/2025 s. 53.\n\nS. 32 inserted by No. 23/2009 s. 4.\n\n","sortOrder":86},{"sectionNumber":"32","sectionType":"section","heading":"Application of declared network functions","content":"\t32 Application of declared network functions\n\nSubdivision 3 of Division 2 of Part 5 of the National Electricity (Victoria) Law applies in this jurisdiction.\n\nSee section 50(2) of the National Electricity (Victoria) Law.\n\nS. 33 inserted by No. 23/2009 s. 4.\n\n","sortOrder":87},{"sectionNumber":"33","sectionType":"section","heading":"Certain defined terms for the purposes of the National Electricity (Victoria) Law","content":"\t33 Certain defined terms for the purposes of the National Electricity (Victoria) Law\n\nFor the purposes of the National Electricity (Victoria) Law—\n\n***declared transmission system*** means a transmission system or a part of a transmission system declared by Order under section 30 to be the declared transmission system;\n\n***declared transmission system operator*** means a person declared by Order under section 31 to be a declared transmission system operator, or any successor in law or assignee of that person.\n\nPt 5 Div. 2A (Headings and ss 33A–33H) inserted by No. 38/2025 s. 33.\n\nDivision 2A—Grid impact authorities\n\nSubdivision 1—Issue of grid impact authorities\n\nS. 33A inserted by No. 38/2025 s. 33.\n\n","sortOrder":88},{"sectionNumber":"33A","sectionType":"section","heading":"Application","content":"\t33A Application\n\n(1) Any of the following persons may apply to VicGrid for a grid impact authority—\n\n(a) a Connection Applicant that wishes to establish a connection to the declared transmission system—\n\n(i) outside a renewable energy zone for a generating system or integrated resource system; or\n\n(ii) within a renewable energy zone for a generating system or integrated resource system that is not an eligible generating system or eligible integrated resource system;\n\n(b) a Generator or Integrated Resource Provider that—\n\n(i) owns, operates or controls a generating system or integrated resource system—\n\n(A) connected to the declared transmission system outside a renewable energy zone; and\n\n(B) forming part of a facility; and\n\n(ii) wishes to carry out a system change;\n\n(c) a Generator or Integrated Resource Provider that—\n\n(i) owns, operates or controls a generating system that is not an eligible generating system, or an integrated resource system that is not an eligible integrated resource system, connected to the declared transmission system within a renewable energy zone and forming part of a facility; and\n\n(ii) wishes to carry out a system change.\n\nS. 33A(1A) inserted by No. 9/2026 s. 17(2).\n\n(1A) In addition, during the prescribed period, any of the following persons may apply to VicGrid for a grid impact authority—\n\n(a) a Connection Applicant that wishes to establish a connection to the declared transmission system—\n\n(i) outside a renewable energy zone for a generating system or integrated resource system or a proposed generating system or proposed integrated resource system of a kind that is prescribed; or\n\n(ii) within a renewable energy zone for a generating system or integrated resource system or a proposed generating system or proposed integrated resource system that—\n\n(A) is not or will not be an eligible generating system or eligible integrated resource system; and\n\n(B) is of a kind that is prescribed;\n\n(b) a Generator or Integrated Resource Provider that—\n\n(i) owns, operates or controls a generating system or integrated resource system—\n\n(A) connected to the declared transmission system outside a renewable energy zone; and\n\n(B) forming part of a facility; and\n\n(ii) wishes to carry out a prescribed system change;\n\n(c) a Generator or Integrated Resource Provider that—\n\n(i) owns, operates or controls a generating system that is not an eligible generating system, or an integrated resource system that is not an eligible integrated resource system, connected to the declared transmission system within a renewable energy zone and forming part of a facility; and\n\n(ii) wishes to carry out a prescribed system change;\n\n(d) a person who wishes to establish a connection to the declared transmission system but has yet to make a connection enquiry as described under a prescribed provision of the Rules—\n\n(i) outside a renewable energy zone for a generating system or integrated resource system or a proposed generating system or proposed integrated resource system of a kind that is prescribed; or\n\n(ii) within a renewable energy zone for a generating system or integrated resource system or a proposed generating system or proposed integrated resource system that—\n\n(A) is not or will not be an eligible generating system or eligible integrated resource system; and\n\n(B) is of a kind that is prescribed.\n\nS. 33A(2) amended by No. 9/2026 s. 17(3)(a).\n\n(2) An application under subsection (1) or (1A) must be—\n\n(a) prepared in accordance with the grid impact assessment guidelines; and\n\n(b) accompanied by a plan, prepared in accordance with the grid impact assessment guidelines, under which the grid impact authority applicant, if issued a grid impact authority, will consult, and engage with, communities and traditional owners that will be impacted by—\n\nS. 33A(2)(b)(i) amended by No. 9/2026 s. 17(3)(b).\n\n(i) the planning for the construction of, and the construction and operation of, the generating system or integrated resource system, or the proposed generating system or proposed integrated resource system, in respect of which the applicant wishes to establish a connection to the declared transmission system; or\n\n(ii) the planning for, and the carrying out of, the system change that the applicant wishes to carry out; and\n\n(c) accompanied by the application fee determined by VicGrid under section 33H.\n\nS. 33A(2A) inserted by No. 9/2026 s. 17(4).\n\n(2A) An application under subsection (1) or (1A) must also include any information that is prescribed.\n\n(3) Without limiting subsection (2)(b), a consultation and engagement plan must—\n\n(a) set out a process for consultation and engagement with communities and traditional owners; and\n\n(b) include a complaint handling system and process, and a dispute resolution process, to deal with any complaints received from community members and traditional owners.\n\nS. 33B inserted by No. 38/2025 s. 33.\n\n","sortOrder":89},{"sectionNumber":"33B","sectionType":"section","heading":"Decision on application","content":"\t33B Decision on application\n\n(1) On receiving an application under section 33A, VicGrid must—\n\n(a) if VicGrid is satisfied of the applicable matters, grant the application and issue a grid impact authority; or\n\nS. 33B(2) amended by No. 9/2026 s. 18(1).\n\n(2) For the purposes of subsection (1), the applicable matters are, in the case of an application under section 33A(1)—\n\n(a) that the generating system or integrated resource system in respect of which the applicant is wishing to establish a connection to the declared transmission system (the ***relevant system***), or the system change the applicant is wishing to carry out (the ***relevant system change***), meets the prescribed requirements (if any); and\n\n(b) that the operation of the relevant system, or facility after the relevant system change, will not have the effect of substantially constraining the output of electricity generated, or planned to be generated, by eligible generating systems or eligible integrated resource systems connected to the declared transmission system within a renewable energy zone.\n\nS. 33B(2A) inserted by No. 9/2026 s. 18(2).\n\n(2A) For the purposes of subsection (1), the applicable matters are, in the case of an application under section 33A(1A), the matters set out in the grid impact assessment guidelines.\n\n(3) In granting an application under subsection (1), VicGrid may approve the consultation and engagement plan accompanying the application.\n\n(4) VicGrid may issue a grid impact authority subject to any conditions it determines.\n\n(5) If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the grid impact authority applicant as soon as practicable after making the decision.\n\n(7) VicGrid may conduct appropriate modelling and analysis for the purposes of making a decision under subsection (1).\n\nS. 33C inserted by No. 38/2025 s. 33.\n\n","sortOrder":90},{"sectionNumber":"33C","sectionType":"section","heading":"Grid impact authority issued subject to conditions","content":"\t33C Grid impact authority issued subject to conditions\n\nS. 33C(1) amended by No. 9/2026 s. 19(1).\n\n(1) A grid impact authority issued on the granting of an application made under section 33A(1) has effect subject to the following conditions—\n\n(a) the grid impact authority holder must not operate a generating system, integrated resource system or facility to which the grid impact authority they hold relates in a way that will have the effect of substantially constraining the output of electricity generated, or planned to be generated, by eligible generating systems or eligible integrated resource systems connected to the declared transmission system within a renewable energy zone;\n\n(b) the grid impact authority holder  must comply with any requirement on the holder under an approved consultation and engagement plan.\n\nS. 33C(1A) inserted by No. 9/2026 s. 19(2).\n\n(1A) A grid impact authority issued on the granting of an application made under section 33A(1A) has effect subject to the condition that the grid impact authority holder  must comply with any requirement on the holder under an approved consultation and engagement plan.\n\n(2) A grid impact authority also has effect subject to—\n\n(a) any conditions that are prescribed; and\n\n(b) any conditions determined by VicGrid.\n\n(3) A grid impact authority must set out any conditions determined by VicGrid.\n\nSubdivision 2—Amendment of grid impact authorities\n\nS. 33D inserted by No. 38/2025 s. 33.\n\n","sortOrder":91},{"sectionNumber":"33D","sectionType":"section","heading":"Application","content":"\t33D Application\n\n(1) A grid impact authority holder who—\n\n(a) owns, operates or controls a facility in relation to which the grid impact authority they hold has been issued; and\n\n(b) wishes to carry out a system change to that facility—\n\nmay apply to VicGrid to amend the grid impact authority or any conditions determined by VicGrid to which the authority is subject, or both.\n\n(2) An application under subsection (1) must be—\n\n(a) prepared in accordance with the grid impact assessment guidelines; and\n\n(b) be accompanied by the application fee determined by VicGrid under section 33H.\n\nS. 33E inserted by No. 38/2025 s. 33.\n\n","sortOrder":92},{"sectionNumber":"33E","sectionType":"section","heading":"Decision on application","content":"\t33E Decision on application\n\n(1) On receiving an application under section 33D, VicGrid must—\n\n(a) if VicGrid is satisfied of the applicable matters—\n\n(i) grant the application; and\n\n(ii) amend the grid impact authority or any conditions determined by VicGrid to which the authority is subject, or both; or\n\n(2) For the purposes of subsection (1), the applicable matters are—\n\n(a) that the system change that the grid impact authority holder is wishing to carry out meets the prescribed requirements (if any); and\n\n(b) that the operation of the facility after the system change will not have the effect of substantially constraining the output of electricity generated, or planned to be generated, by eligible generating systems or eligible integrated resource systems connected to the declared transmission system within a renewable energy zone.\n\n(3) If VicGrid grants an application under subsection (1) and amends the grid impact authority, VicGrid must issue a new grid impact authority that includes VicGrid's amendments.\n\n(4) A grid impact authority that includes VicGrid's amendments supersedes the previous grid impact authority held by the grid impact authority holder.\n\n(5) If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the grid impact authority holder as soon as practicable after making the decision.\n\n(7) VicGrid may conduct appropriate modelling and analysis for the purposes of making a decision under subsection (1).\n\nSubdivision 3—Revocation of grid impact authorities\n\nS. 33F inserted by No. 38/2025 s. 33.\n\n","sortOrder":93},{"sectionNumber":"33F","sectionType":"section","heading":"Revocation of grid impact authority","content":"\t33F Revocation of grid impact authority\n\n(1) Subject to this section, VicGrid may revoke a grid impact authority if VicGrid is of the view that the grid impact authority holder has not complied with a condition to which the grid impact authority is subject.\n\n(2) Before making a decision under subsection (1), VicGrid must give the grid impact authority holder a notice (a ***notice of proposed action***) that—\n\n(a) specifies that VicGrid is proposing to revoke the grid impact authority issued to the grid impact authority holder and the grounds for the revocation; and\n\n(b) invites the grid impact authority holder to make written submissions to VicGrid within 28 days after being given the notice as to why VicGrid should not revoke the grid impact authority.\n\n(3) In making a decision under subsection (1), VicGrid must take into account any submission it receives from the grid impact authority holder in accordance with the notice of proposed action.\n\n(4) VicGrid must, as soon as practicable after making a decision under subsection (1), give written notice to the grid impact authority holder of the decision.\n\n(5) If VicGrid decides to revoke a grid impact authority, VicGrid must set out in the notice under subsection (4)—\n\n(a) the reasons for its decision; and\n\n(b) the date on which the revocation takes effect, which must not be earlier than 20 business days after the date of the notice.\n\nSubdivision 4—Miscellaneous\n\nS. 33G inserted by No. 38/2025 s. 33.\n\n","sortOrder":94},{"sectionNumber":"33G","sectionType":"section","heading":"Grid impact assessment guidelines","content":"\t33G Grid impact assessment guidelines\n\n(1) VicGrid must prepare and publish guidelines (called grid impact assessment guidelines) for or with respect to—\n\n(a) the manner and form of applications for grid impact authorities and amendments to grid impact authorities; and\n\n(b) matter to be included in applications for grid impact authorities and amendments to grid impact authorities; and\n\n(c) matter to be included in consultation and engagement plans; and\n\nS. 33G(1)(d) substituted by No. 9/2026 s. 20.\n\n(d) the handling of applications for grid impact authorities and amendments to grid impact authorities by VicGrid; and\n\nS. 33G(1)(e) inserted by No. 9/2026 s. 20.\n\n(e) the consideration of applications for grid impact authorities and amendments to grid impact authorities by VicGrid, including matters that VicGrid must be satisfied of for the purposes of making a decision under section 33B in respect of an application made section 33A(1A).\n\n(2) Before publishing or amending the grid impact assessment guidelines, VicGrid must—\n\n(a) issue a public notice, in accordance with subsection (3), inviting submissions to be made within a period of not less than 30 days specified in the notice; and\n\n(b) cause a draft of the guidelines or amendment to be published on a website for the period specified in the notice under paragraph (a); and\n\n(c) consider any submissions received within that period; and\n\n(d) comply with any prescribed requirements.\n\n(3) A notice under subsection (2)(a)—\n\n(a) must be issued by publishing it—\n\n(i) in the Government Gazette; and\n\n(ii) on a website managed by VicGrid; and\n\n(iii) on an approved alternative publication Internet site declared under section 38N of the **Interpretation of Legislation Act 1984**; and\n\n(b) must give the address of the website on which the draft is published under subsection (2)(b).\n\n(4) VicGrid must publish the grid impact assessment guidelines, as amended from time to time, on a website managed by VicGrid.\n\nS. 33H inserted by No. 38/2025 s. 33.\n\n","sortOrder":95},{"sectionNumber":"33H","sectionType":"section","heading":"Determination of fee for applications for grid impact authorities and amendments","content":"\t33H Determination of fee for applications for grid impact authorities and amendments\n\nVicGrid must determine, and publish on a website managed by VicGrid, the fee for an application under section 33A or 33D.\n\nPt 5 Div. 2B (Heading and ss 33I, 33J) inserted by No. 38/2025 s. 33.\n\nDivision 2B—REZ scheme declarations\n\nS. 33I inserted by No. 38/2025 s. 33.\n\n","sortOrder":96},{"sectionNumber":"33I","sectionType":"section","heading":"REZ scheme declaration","content":"\t33I REZ scheme declaration\n\n(1) The Minister, by notice published in the Government Gazette, may make a declaration for or with respect to a renewable energy zone (the ***applicable REZ***).\n\n(2) A REZ scheme declaration—\n\n(a) must specify the applicable REZ and the renewable energy zone Order declaring the applicable REZ; and\n\n(b) may declare a kind of renewable  energy generating system as an eligible generating system; and\n\n(c) may declare a kind of integrated resource system as an eligible integrated resource system; and\n\n(d) must specify the limits (if any) (measured in megawatts) for each kind of eligible generating system or eligible integrated resource system that may be connected to the declared transmission system within the applicable REZ; and\n\n(e) must set out criteria or matter that must be taken into account by VicGrid in deciding whether to issue a REZ scheme authority to a Connection Applicant wishing to establish a connection to the declared transmission system within the applicable REZ for—\n\n(i) an eligible generating system; or\n\n(ii) an eligible integrated resource system; and\n\n(f) must set out the criteria or matter that must be taken into account by VicGrid in deciding whether to issue a REZ scheme authority to a person owning, operating or controlling an eligible facility connected to the declared transmission system within the applicable REZ to carry out a system change; and\n\nS. 33I(2)(g) substituted by No. 9/2026 s. 21(1).\n\n(g) must specify the process under which VicGrid will issue REZ scheme authorities; and\n\n(h) may specify—\n\n(i) the manner and form of applications for REZ scheme authorities and amendments to REZ scheme authorities; and\n\n(ii) matter to be included in applications for REZ scheme authorities and amendments to REZ scheme authorities; and\n\n(iii) matter to be included in a consultation and engagement plan.\n\nS. 33I(2A) inserted by No. 9/2026 s. 21(2).\n\n(2A) For the purposes of subsection (2)(g), a REZ scheme declaration may specify any one or more of the following processes—\n\n(i) on a first-come, first-served basis;\n\n(ii) a process under which expressions of interest are invited;\n\n(iii) a competitive tender process;\n\n(iv) a staged allocation process;\n\n(v) a process that the Minister considers reasonable and efficient in the circumstances.\n\n(3) A REZ scheme declaration may specify conditions to which a REZ scheme authority must be subject.\n\nS. 33I(4) inserted by No. 9/2026 s. 21(3).\n\n(4) A REZ scheme declaration may—\n\n(b) differ according to differences in time, place or circumstances.\n\nS. 33J inserted by No. 38/2025 s. 33.\n\n","sortOrder":97},{"sectionNumber":"33J","sectionType":"section","heading":"Public consultation for the making of a REZ scheme declaration","content":"\t33J Public consultation for the making of a REZ scheme declaration\n\nBefore making a REZ scheme declaration, the Minister must—\n\n(i) a draft of the declaration; and\n\n(c) consult the Premier and the Treasurer.\n\nPt 5 Div. 2C (Headings and ss 33K–33V) inserted by No. 38/2025 s. 33.\n\n","sortOrder":98},{"sectionNumber":"Div 2C","sectionType":"division","heading":"REZ scheme authorities","content":"Division 2C—REZ scheme authorities\n\nSubdivision 1—Issue of REZ scheme authorities\n\nS. 33K inserted by No. 38/2025 s. 33.\n\n","sortOrder":99},{"sectionNumber":"33K","sectionType":"section","heading":"Application","content":"\t33K Application\n\n(1) Any of the following persons may apply to VicGrid for a REZ scheme authority—\n\n(a) a Connection Applicant that wishes to establish a connection to the declared transmission system within a renewable energy zone for an eligible generating system or eligible integrated resource system;\n\n(b) a Generator or Integrated Resource Provider—\n\n(i) that owns, operates or controls an eligible facility; and\n\n(ii) that wishes to carry out a system change.\n\n(2) An application under subsection (1) must be prepared in accordance with the applicable REZ scheme declaration and include—\n\n(a) in the case where the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system—\n\n(i) a description of the type of generating system or integrated resource system; and\n\n(ii) the nameplate rating of the generating system or integrated resource system; and\n\n(iii) the location for the proposed connection point for the generating system or integrated resource system, if known; and\n\n(iv) any milestone dates applying to the construction of the generating system or integrated resource system; and\n\n(b) in the case where the REZ scheme authority applicant wishes to carry out a system change to an eligible facility—\n\n(i) a description of the system change; and\n\n(ii) the nameplate rating of the generating system or integrated resource system forming part of the facility before and after the carrying out of the system change; and\n\n(iii) any milestone dates applying to the construction of the system change; and\n\n(c) any information required to be included in the application under the REZ scheme declaration made in respect of—\n\n(i) the renewable energy zone within which the REZ scheme authority applicant wishes to establish the connection to the declared transmission system for the eligible generating system or integrated resource system; or\n\n(ii) the renewable energy zone within which the eligible facility (in respect of which the REZ scheme authority applicant is seeking to carry out the system change) is predominantly located; and\n\n(d) any other information that is prescribed.\n\n(3) An application under subsection (1) must be accompanied by a plan, prepared in accordance with the applicable REZ scheme declaration, under which the REZ scheme authority applicant, if issued a REZ scheme authority, will consult, and engage with, communities and traditional owners that will be impacted by—\n\n(a) the planning for the construction of, and the construction and operation of, the generating system or integrated resource system in respect of which the applicant wishes to establish a connection to the declared transmission system; or\n\n(b) the planning for, and the carrying out of, the system change that the applicant wishes to carry out.\n\n(4) Without limiting subsection (2), a consultation and engagement plan must—\n\n(a) set out a process for consultation and engagement with communities and traditional owners; and\n\n(b) include a complaint handling system and process, and a dispute resolution process, to deal with any complaints received from community members and traditional owners.\n\n***applicable eligible facility*** means the eligible facility in respect of which the REZ scheme authority applicant is wishing to carry out the system change;\n\n***applicable REZ scheme declaration*** means the REZ scheme declaration made for or with respect to—\n\n(a) the renewable energy zone within which the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or\n\n(b) the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system.\n\nS. 33L inserted by No. 38/2025 s. 33.\n\n","sortOrder":100},{"sectionNumber":"33L","sectionType":"section","heading":"Decision on application","content":"\t33L Decision on application\n\n(1) Subject to this section, on receiving an application under section 33K, VicGrid may—\n\n(a) grant the application and issue a REZ scheme authority to the REZ scheme authority applicant; or\n\n(b) refuse the application.\n\n(2) In making a decision under subsection (1), VicGrid must comply with—\n\n(a) the applicable renewable energy zone Order; and\n\n(b) the applicable REZ scheme declaration.\n\n(3) In granting an application under subsection (1), VicGrid may approve the consultation and engagement plan accompanying the application.\n\n(4) VicGrid may issue a REZ scheme authority subject to any conditions it determines.\n\n(5) If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the REZ scheme authority applicant as soon as practicable after making the decision.\n\n(6) A notice under subsection (6), must set out VicGrid's reasons for its decision.\n\n(7) In this section—\n\n***applicable eligible facility*** means the eligible facility in respect of which the REZ scheme authority applicant is wishing to carry out the system change;\n\n***applicable renewable energy zone Order*** means the renewable energy zone Order declaring—\n\n(a) the renewable energy zone within which the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or\n\n(b) the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system;\n\n***applicable REZ scheme declaration*** means the REZ scheme declaration made for or with respect to—\n\n(a) the renewable energy zone within which the REZ scheme authority applicant wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or\n\n(b) the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system.\n\nS. 33M inserted by No. 38/2025 s. 33.\n\n","sortOrder":101},{"sectionNumber":"33M","sectionType":"section","heading":"Content of REZ scheme authority","content":"\t33M Content of REZ scheme authority\n\n(1) A REZ scheme authority must—\n\n(a) specify—\n\n(i) the renewable energy zone within which the REZ scheme authority holder wishes to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system; or\n\n(ii) the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the applicable eligible facility, is connected to the declared transmission system; and\n\n(b) if the REZ scheme authority holder is wishing to establish a connection to the declared transmission system for an eligible generating system or eligible integrated resource system, specify—\n\n(i) the kind of generating system or integrated resource system for which the connection is to be established; and\n\n(ii) the nameplate rating of the generating system or integrated resource system; and\n\n(c) if the REZ scheme authority holder is the owner, operator or controller of a facility connected to the declared transmission system—\n\n(i) specify the kind of facility it is; and\n\n(ii) describe the system change the holder wishes to carry out; and\n\n(iii) specify the nameplate rating of the facility before and after the carrying out of the system change; and\n\n(d) set out any conditions determined by VicGrid.\n\n***applicable eligible facility*** means the eligible facility in respect of which the REZ scheme authority holder is wishing to carry out the system change.\n\nS. 33N inserted by No. 38/2025 s. 33.\n\n","sortOrder":102},{"sectionNumber":"33N","sectionType":"section","heading":"REZ scheme authority issued subject to conditions","content":"\t33N REZ scheme authority issued subject to conditions\n\n(1) A REZ scheme authority has effect subject to the following conditions—\n\n(a) the REZ scheme authority holder must pay any REZ scheme fee to VicGrid as required by VicGrid;\n\n(b) the REZ scheme authority holder must comply with any requirement on the holder under an approved consultation and engagement plan.\n\n(2) A REZ scheme authority also has effect subject to—\n\n(a) any conditions that are prescribed; and\n\n(b) any conditions specified under a REZ scheme declaration; and\n\n(c) any conditions determined by VicGrid.\n\n(3) A REZ scheme authority must set out any conditions determined by VicGrid.\n\nSubdivision 2—Amendment of REZ scheme authorities\n\nS. 33O inserted by No. 38/2025 s. 33.\n\n","sortOrder":103},{"sectionNumber":"33O","sectionType":"section","heading":"Application","content":"\t33O Application\n\n(1) A REZ scheme authority holder who—\n\n(a) owns, operates or controls a facility in relation to which the REZ scheme authority they hold has been issued; and\n\n(b) wishes to carry out a system change to that facility—\n\nmay apply to VicGrid to amend the REZ scheme authority or any conditions determined by VicGrid to which the authority is subject, or both.\n\n(a) be prepared in accordance with the REZ scheme declaration made for or with respect to the renewable energy zone within which an eligible generating system or eligible integrated resource system, forming part of the facility, is connected to the declared transmission system; and\n\n(b) contain any information that is prescribed.\n\nS. 33P inserted by No. 38/2025 s. 33.\n\n","sortOrder":104},{"sectionNumber":"33P","sectionType":"section","heading":"Decision on application","content":"\t33P Decision on application\n\n(1) On receiving an application under section 33O, VicGrid must—\n\n(a) if VicGrid is satisfied of the applicable matters—\n\n(i) grant the application; and\n\n(ii) amend the REZ scheme authority or any conditions determined by VicGrid to which the authority is subject, or both; or\n\n(2) For the purposes of subsection (1), the applicable matters are—\n\n(a) that the system change that the REZ scheme authority holder is wishing to carry out meets the prescribed requirements (if any); and\n\n(b) that the system change will not result in the REZ limits applying to an eligible generating system or eligible integrated resource system forming part of the eligible facility being exceeded.\n\n(3) If VicGrid grants an application under subsection (1) and amends the REZ scheme authority, VicGrid must issue a new REZ scheme authority that includes VicGrid's amendments.\n\n(4) A REZ scheme authority that includes VicGrid's amendments supersedes the previous REZ scheme authority held by the REZ scheme authority holder.\n\n(5) If VicGrid refuses an application under subsection (1), VicGrid must give written notice of that decision to the REZ scheme authority holder as soon as practicable after making the decision.\n\n(7) In this section—\n\n***REZ limits*** means the limits (measured in megawatts) specified in the REZ declaration for the kind of eligible generating system or eligible integrated resource system that forms part of the eligible facility.\n\nSubdivision 3—Revocation of REZ scheme authorities\n\nS. 33Q inserted by No. 38/2025 s. 33.\n\n","sortOrder":105},{"sectionNumber":"33Q","sectionType":"section","heading":"Revocation of REZ scheme authority","content":"\t33Q Revocation of REZ scheme authority\n\n(1) Subject to this section, VicGrid may revoke a REZ scheme authority if VicGrid is of the view that the REZ scheme authority holder has not complied with a condition to which the REZ scheme authority is subject.\n\n(2) Before making a decision under subsection (1), VicGrid must give the REZ scheme authority holder a notice (a ***notice of proposed action***) that—\n\n(a) specifies that VicGrid is proposing to revoke the REZ scheme authority issued to the REZ scheme authority holder and the grounds for the revocation; and\n\n(b) invites the REZ scheme authority holder to make written submissions to VicGrid within 28 days after being given the notice as to why VicGrid should not revoke the REZ scheme authority.\n\n(3) In making a decision under subsection (1), VicGrid must take into account any submission it receives from the REZ scheme authority holder in accordance with the notice of proposed action.\n\n(4) VicGrid must, as soon as practicable after making a decision under subsection (1), give written notice to the REZ scheme authority holder of the decision.\n\n(5) If VicGrid decides to revoke a REZ scheme authority, VicGrid must set out in the notice under subsection (4)—\n\n(a) the reasons for its decision; and\n\n(b) the date on which the revocation takes effect, which must not be earlier than 20 business days after the date of the notice.\n\nSubdivision 4—Miscellaneous\n\nS. 33R inserted by No. 38/2025 s. 33.\n\n","sortOrder":106},{"sectionNumber":"33R","sectionType":"section","heading":"Surrender of REZ scheme authority","content":"\t33R Surrender of REZ scheme authority\n\n(1) This section applies if an eligible generating system or eligible integrated resource system to which a REZ scheme authority applies—\n\n(a) has not been connected; or\n\n(b) is no longer connected to the declared transmission system.\n\n(2) A REZ scheme authority holder, by written notice, may surrender the REZ scheme authority they hold to VicGrid.\n\nS. 33S inserted by No. 38/2025 s. 33.\n\n","sortOrder":107},{"sectionNumber":"33S","sectionType":"section","heading":"REZ scheme authority cannot be transferred without VicGrid consent","content":"\t33S REZ scheme authority cannot be transferred without VicGrid consent\n\nA REZ scheme authority holder cannot transfer the REZ scheme authority they hold to another person without the consent of VicGrid under section 33T.\n\nS. 33T inserted by No. 38/2025 s. 33.\n\n","sortOrder":108},{"sectionNumber":"33T","sectionType":"section","heading":"VicGrid consent for transfer of REZ scheme authority","content":"\t33T VicGrid consent for transfer of REZ scheme authority\n\n(1) A REZ scheme authority holder may apply to VicGrid for VicGrid to consent to the transfer of the REZ scheme authority they hold to another person.\n\n(2) On receiving an application under subsection (1), VicGrid may consent, or refuse to consent, to the transfer of the REZ scheme authority held by the REZ scheme authority holder to the other person.\n\n(3) In making a decision under subsection (2), VicGrid must have regard to any matters that are prescribed.\n\n(4) Despite subsection (3), VicGrid must refuse to consent to the transfer of the REZ scheme authority if VicGrid is satisfied that it is not in the public interest for the REZ scheme authority holder to transfer the REZ scheme authority they hold to the other person.\n\n(5) If VicGrid refuses to consent to the transfer of the REZ scheme authority, VicGrid must give written notice of that decision to the REZ scheme authority holder as soon as practicable after making the decision.\n\nS. 33U inserted by No. 38/2025 s. 33.\n\n","sortOrder":109},{"sectionNumber":"33U","sectionType":"section","heading":"Interest on unpaid REZ scheme fees","content":"\t33U Interest on unpaid REZ scheme fees\n\n(1) A REZ scheme authority holder who does not a pay a REZ scheme fee by the date the fee is due to be paid (the ***due date***) is liable to pay interest to VicGrid at the applicable rate, calculated on a daily basis, starting on the day after the due date and ending on the day the REZ scheme fee is paid.\n\n(2) For the purposes of subsection (1), the applicable rate is the rate fixed for the time being under section 2 of the **Penalty Interest Rates Act 1983**.\n\nS. 33V inserted by No. 38/2025 s. 33.\n\n","sortOrder":110},{"sectionNumber":"33V","sectionType":"section","heading":"Recovery of REZ scheme fees","content":"\t33V Recovery of REZ scheme fees\n\nVicGrid may recover a REZ scheme fee payable to it as debt due to it in a court of competent jurisdiction.\n\nDivision 3—Regulatory arrangements\n\nS. 34 inserted by No. 23/2009 s. 4.\n\n","sortOrder":111},{"sectionNumber":"34","sectionType":"section","heading":"Definitions","content":"\t34 Definitions\n\n***approved VENCorp revised pricing methodology*** means the pricing methodology—\n\n(a) for the prices to be charged by VENCorp for prescribed common transmission services and prescribed TUOS services provided by it from 1 July 2008; and\n\n(b) that was approved by the AER under the current VENCorp transmission determination;\n\n***current connection agreement*** means an agreement specified by Order under section 35 to be a current connection agreement;\n\n***current network agreement*** means an agreement specified by Order under section 35 to be a current network agreement;\n\n***current VENCorp transmission determination*** means the transmission determination made by the AER on 11 April 2008 regulating, for the period commencing 1 July 2008 and ending 30 June 2014—\n\n(a) the revenues specified in the determination to be earned by VENCorp in that period; and\n\n(b) the prices to be charged for prescribed common transmission services and prescribed TUOS services provided by VENCorp in that period;\n\n***prescribed common transmission services*** has the same meaning as in the National Electricity Rules;\n\n***prescribed TUOS services*** has the same meaning as in the National Electricity Rules;\n\n***specified code or guideline*** means a code or guideline specified, or specified as modified, under an Order under section 36;\n\n***specified VENCorp provision*** means a provision of a code or guideline specified, or specified as modified, under an Order under section 36;\n\n***transition day*** means the day on which section 34 of the **Energy Legislation Amendment (Australian Energy Market Operator) Act 2009** comes into operation.\n\nS. 35 inserted by No. 23/2009 s. 4.\n\n","sortOrder":112},{"sectionNumber":"35","sectionType":"section","heading":"Declaration of current connection agreements and current network agreements","content":"\t35 Declaration of current connection agreements and current network agreements\n\n(1) The Minister, by Order published in the Government Gazette, may specify an agreement to which VENCorp is a party to be—\n\n(a) a current connection agreement; or\n\n(b) a current network agreement.\n\n(2) To avoid doubt, subsection (1) does not prevent the Minister from specifying an agreement to be both a current connection agreement and a current network agreement.\n\nS. 36 inserted by No. 23/2009 s. 4.\n\n","sortOrder":113},{"sectionNumber":"36","sectionType":"section","heading":"Ministerial specification of ESC code or guideline or provision under ESC code or guideline","content":"\t36 Ministerial specification of ESC code or guideline or provision under ESC code or guideline\n\n(1) The Minister, by Order published in the Government Gazette, may specify a code or guideline published by the ESC, or a provision of such a code or guideline, that—\n\n(a) relates to the provision of electricity network services by a declared transmission system operator or relates to the declared transmission system; and\n\n(b) confers a function or power, or imposes a duty, on VENCorp—\n\nas, as the case requires, a specified code or guideline or a specified VENCorp provision if the Minister considers that AEMO must be conferred that function or power, or be subject to that duty.\n\n(2) The code or guideline published by the ESC, or the provision of such a code or guideline, that is specified by an Order under subsection (1), may be specified as modified by that Order to make any necessary or consequential amendments to the code or guideline, or the provision of the code or guideline, in its application to AEMO.\n\nS. 37 inserted by No. 23/2009 s. 4.\n\n","sortOrder":114},{"sectionNumber":"37","sectionType":"section","heading":"Current network agreements","content":"\t37 Current network agreements\n\nOn the transition day, a current network agreement is to be taken to be a network agreement (within the meaning of section 50D(1) of the National Electricity (Victoria) Law).\n\nBy operation of section 238 of the **Gas Industry Act 2001**, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day.\n\nS. 38 inserted by No. 23/2009 s. 4.\n\n","sortOrder":115},{"sectionNumber":"38","sectionType":"section","heading":"Current connection agreements","content":"\t38 Current connection agreements\n\nOn the transition day, a current connection agreement is to be taken to be a connection agreement under section 50E of the National Electricity (Victoria) Law.\n\nBy operation of section 238 of the **Gas Industry Act 2001**, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day.\n\nS. 39 inserted by No. 23/2009 s. 4.\n\n","sortOrder":116},{"sectionNumber":"39","sectionType":"section","heading":"Specified code or guidelines and specified VENCorp provisions","content":"\t39 Specified code or guidelines and specified VENCorp provisions\n\n(1) On and after the transition day, AEMO is, by force of this subsection—\n\n(a) conferred a function or power VENCorp had under a specified code or guideline or specified VENCorp provision immediately before that day; and\n\n(b) subject to every duty imposed on VENCorp under a specified code or guideline or specified VENCorp provision immediately before that day.\n\n(2) On and after the transition day, every reference to VENCorp in a specified code or guideline or specified VENCorp provision is to be taken to be a reference to AEMO unless the context otherwise requires.\n\nS. 40 inserted by No. 23/2009 s. 4.\n\n","sortOrder":117},{"sectionNumber":"40","sectionType":"section","heading":"Current VENCorp transmission determination","content":"\t40 Current VENCorp transmission determination\n\n(1) On and after the transition day, the approved VENCorp revised pricing methodology is to be taken to—\n\n(a) apply to prices to be charged by AEMO for prescribed common transmission services and prescribed TUOS services provided by AEMO by means of, or in connection with, the declared shared network on and after the transition day; and\n\n(b) is to be regarded as the AEMO pricing methodology.\n\n(2) On and after the transition day, every reference to VENCorp in the approved AEMO pricing methodology is to be taken to be a reference to AEMO unless the context otherwise requires.\n\nS. 41 inserted by No. 23/2009 s. 4.\n\n","sortOrder":118},{"sectionNumber":"41","sectionType":"section","heading":"VENCorp's negotiating framework and negotiated transmission service criteria","content":"\t41 VENCorp's negotiating framework and negotiated transmission service criteria\n\n(1) In this section—\n\n***VENCorp negotiating framework*** means the negotiating framework (as defined in Chapter 10 of the National Electricity Rules) approved by the AER under the current VENCorp transmission determination;\n\nS. 41(1) def. of *VENCorp negotiated transmission service criteria* amended by No. 55/2010 s. 44.\n\n***VENCorp negotiated transmission service criteria*** means the negotiated transmission service criteria (as defined in Chapter 10 of the National Electricity Rules) specified under the current VENCorp transmission determination.\n\n(2) On and after the transition day, the VENCorp negotiating framework is to be taken to apply to AEMO and every reference in that framework to VENCorp is to be taken to be a reference to AEMO unless the context otherwise requires.\n\n(3) On and after the transition day, the VENCorp negotiated transmission service criteria are to be taken to apply to AEMO and every reference in those criteria to VENCorp is to be taken to be a reference to AEMO unless the context otherwise requires.\n\nDivision 4—Land access for augmentations\n\nS. 42 inserted by No. 23/2009 s. 4.\n\n","sortOrder":119},{"sectionNumber":"42","sectionType":"section","heading":"Definition","content":"\t42 Definition\n\n***prospective declared transmission system operator*** means a person who is authorised or required under the National Electricity (Victoria) Law to augment the declared transmission system and who may therefore become a declared transmission system operator on completion of the augmentation.\n\nS. 43 inserted by No. 23/2009 s. 4.\n\n","sortOrder":120},{"sectionNumber":"43","sectionType":"section","heading":"Model lease and licence","content":"\t43 Model lease and licence\n\nThe Minister, by Order published in the Government Gazette, may—\n\n(a) specify a lease for land to be a model lease for the purpose of this Division; or\n\n(b) specify a licence over land to be a model licence for the purpose of this Division.\n\nS. 44 inserted by No. 23/2009 s. 4.\n\n","sortOrder":121},{"sectionNumber":"44","sectionType":"section","heading":"Declared transmission system operator must provide access to land and premises","content":"\t44 Declared transmission system operator must provide access to land and premises\n\n(1) A declared transmission system operator must—\n\n(a) allow a prospective declared transmission system operator, and any agents and contractors of the prospective declared transmission system operator, such access to the land and premises of the declared transmission system operator on which the declared transmission system is situated as may be reasonably necessary for the construction and operation of the augmentation of the declared transmission system; and\n\n(b) grant to the prospective declared transmission system operator any lease or licence the prospective declared transmission system operator reasonably requires for the purposes of constructing and operating the augmentation.\n\nS. 44(2) amended by No. 38/2025 s. 27.\n\n(2) A declared transmission system operator must allow VicGrid, and any agents and contractors of VicGrid, such access to the land and premises of the declared transmission system operator on which the declared transmission system is situated as may be reasonably required by VicGrid to facilitate the planning of an augmentation of the declared transmission system.\n\nS. 45 inserted by No. 23/2009 s. 4.\n\n","sortOrder":122},{"sectionNumber":"45","sectionType":"section","heading":"Resolution of dispute arising from attempt to negotiate a lease or licence","content":"\t45 Resolution of dispute arising from attempt to negotiate a lease or licence\n\n(1) The AER, on application by a declared transmission system operator or prospective declared transmission system operator, may make a determination to resolve a dispute arising from an attempt to negotiate the granting of a lease or licence referred to in section 44(1)(b).\n\n(2) The determination may determine the terms and conditions of the lease or licence.\n\n(3) In making a determination, the AER must have regard to the model lease or model licence (as the case requires).\n\n(4) If the AER determines the terms and conditions of a lease or licence, a lease or licence is taken to arise between the interested parties in accordance with the AER's determination.\n\n(5) A determination may only be made under this section if—\n\n(a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the lease or licence; and\n\n(b) the AER has given the declared transmission system operator and prospective declared transmission system operator an opportunity to make representations about the terms of the proposed determination.\n\n(6) A determination under this section takes effect on a date specified in the determination.\n\n(7) A determination under this section must be published on the website of—\n\n(a) the AER; and\n\nS. 45(7)(b) amended by No. 38/2025 s. 28.\n\n(b) VicGrid.\n\nS. 46 inserted by No. 23/2009 s. 4.\n\n","sortOrder":123},{"sectionNumber":"46","sectionType":"section","heading":"Termination of lease or licence","content":"\t46 Termination of lease or licence\n\nA lease or licence granted or taken to have arisen under this Division may not be terminated or revoked during the period of construction or operation of the augmentation unless agreed by both parties or as expressly provided for in the lease or licence.\n\nS. 47 inserted by No. 23/2009 s. 4.\n\n","sortOrder":124},{"sectionNumber":"47","sectionType":"section","heading":"General principles governing AER determinations","content":"\t47 General principles governing AER determinations\n\nThe provisions applicable to the determination of an access dispute in the National Electricity (Victoria) Law apply to a determination by the AER of a dispute under this Division with the following changes—\n\n(a) section 131(1)(c), section 131(2), section 132 and section 133 do not apply;\n\n(b) any further changes necessary to adapt those provisions to the determination of a dispute under this Division.\n\nDivision 5—Other matters\n\nS. 48 inserted by No. 23/2009 s. 4.\n\n","sortOrder":125},{"sectionNumber":"48","sectionType":"section","heading":"Notice of change to declared transmission system operator","content":"\t48 Notice of change to declared transmission system operator\n\n(1) If a declared transmission system operator enters into any agreement that transfers or assigns the ownership, control or operation of the declared transmission system or a part of the declared transmission system, the operator must provide, as soon as practicable after entering into the agreement, the required details to—\n\n(a) the Minister; and\n\nS. 48(1)(b) substituted by No. 9/2026 s. 22(1).\n\n(b) AEMO; and\n\nS. 48(1)(c) inserted by No. 9/2026 s. 22(1).\n\n(c) VicGrid.\n\nS. 48(2) amended by No. 9/2026 s. 22(2).\n\n(2) On receipt of the required details under subsection (1), VicGrid must publish those details on its website.\n\nS. 48(3) amended by No. 9/2026 s. 22(2).\n\n(3) VicGrid, by publishing the required details on its website, incurs no liability for breach of contract, breach of confidence or any other civil wrong.\n\n***required details*** means the following details of the person to whom a declared transmission system operator transfers or assigns the ownership, control or operation of the declared transmission system or a part of the declared transmission system—\n\n(a) name;\n\n(b) Australian Company Number or Australian Business Number;\n\n(c) principal place of business;\n\n(d) any other information specified by the Minister by notice published in the Government Gazette.\n\nS. 49 inserted by No. 23/2009 s. 4, repealed by No. 9/2026 s. 23.\n\nS. 50 inserted by No. 23/2009 s. 4.\n\n","sortOrder":126},{"sectionNumber":"50","sectionType":"section","heading":"Customer load shedding arrangements","content":"\t50 Customer load shedding arrangements\n\nOn the commencement of section 12 of the **Energy Legislation Amendment (Australian Energy Market Operator) Act 2009**, an agreement, arrangement or determination made under section 80 of the **Electricity Industry Act 2000**, and in force immediately before that commencement, is deemed to be an agreement, arrangement or determination under section 115A of the National Electricity (Victoria) Law.\n\nPt 6 (Headings and ss 51–68) inserted by No. 15/2024 s. 8.\n\n","sortOrder":127},{"sectionNumber":"Part 6","sectionType":"part","heading":"Electricity transmission infrastructure planning","content":"Part 6—Electricity transmission infrastructure planning\n\nS. 51 inserted by No. 15/2024 s. 8.\n\n","sortOrder":128},{"sectionNumber":"51","sectionType":"section","heading":"Definitions","content":"\t51 Definitions\n\nS. 51 def. of *excluded area* substituted by No. 38/2025 s. 29(1).\n\n***excluded area*** means an area declared in an excluded area Order;\n\nS. 51 def. of *excluded area Order* inserted by No. 38/2025 s. 29(2).\n\n***excluded area Order*** means a declaration under section 54A;\n\n***major electricity transmission infrastructure*** means infrastructure forming or intended to form part of the declared transmission system—\n\n(a) operating or intended to operate at nominal voltages of 220kV or above; or\n\n(b) operating or intended to operate at nominal voltages between 66kV and 220kV that is declared to be major electricity transmission infrastructure under section 54;\n\n***multi-criteria analysis*** means a methodology for evaluating qualitative economic, social, cultural and environmental factors as part of a process for determining where, when and how Victoria's electricity transmission network should develop;\n\nS. 51 def. of *renewable energy zone* repealed by No. 38/2025 s. 34.\n\nS. 51 def. of *renewable energy zone Order* repealed by No. 38/2025 s. 34.\n\n***REZ planning function*** means a function specified in section 53(1)(a);\n\n***robustness analysis*** means an application of a range of plausible, high-impact scenarios and development pathways and the selection of the pathway that performs best across multiple system scenarios;\n\n***strategic land use assessment*** means an assessment that identifies suitable areas for siting infrastructure based on a range of technical, environmental, cultural, social and economic factors;\n\nS. 51 def. of *VicGrid fees and charges* repealed by No. 38/2025 s. 10.\n\n***Victorian transmission plan***—see section 59(1);\n\n***Victorian transmission plan guidelines*** means guidelines made under section 57;\n\n***Victorian transmission planning objective***—see section 56(1).\n\nPt 6 Div. 2 (Heading) amended by No. 38/2025 s. 9.\n\nDivision 2—VicGrid\n\nS. 52 inserted by No. 15/2024 s. 8, repealed by No. 38/2025 s. 11.\n\nS. 53 (Heading) amended by No. 38/2025 s. 12(1).\n\nS. 53 inserted by No. 15/2024 s. 8.\n\n","sortOrder":129},{"sectionNumber":"53","sectionType":"section","heading":"Functions of VicGrid","content":"\t53 Functions of VicGrid\n\nS. 53(1)  amended by No. 38/2025 s. 12(2).\n\n(1) The functions of VicGrid are—\n\n(a) REZ planning functions, being—\n\n(i) recommending to the Minister areas to be considered for declaration as renewable energy zones;\n\n(ii) planning the development of major electricity transmission infrastructure within current or potential renewable energy zones to augment the declared shared network;\n\n(iii) planning for the connection of major electricity transmission infrastructure to the declared shared network;\n\n(iv) planning for the connection of generation and storage plant to major electricity transmission infrastructure within current or potential renewable energy zones—\n\nthrough the preparation and publishing of a Victorian transmission plan and Victorian transmission plan guidelines; and\n\nS. 53(1)(b)  amended by No. 38/2025 s. 12(2).\n\n(b) any functions conferred on VicGrid by an Order under section 16Y; and\n\n(c) to provide advice and information to the Minister; and\n\nS. 53(1)(d)  amended by No. 38/2025 s. 12(2).\n\n(d) any other functions conferred on VicGrid by or under this Act.\n\nS. 53(1A)  inserted by No. 38/2025 s. 12(3).\n\n(1A) In addition, VicGrid has the functions and powers conferred on it under the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and the National Electricity Rules.\n\nS. 53(1B)  inserted by No. 38/2025 s. 12(3).\n\n(1B) VicGrid has the power to do all things necessary or convenient for or in connection with a function or power referred to in subsection (1A).\n\nS. 53(2)  amended by No. 38/2025 s. 12(4).\n\n(2) In performing REZ planning functions, VicGrid—\n\n(a) must have regard to the most recent—\n\n(i) Integrated System Plan published by AEMO under clause 5.22.1 of the Rules; and\n\nS. 53(2)(a)(ii)  repealed by No. 38/2025 s. 12(5).\n\n(iii) statement of opportunities published by AEMO under clause 3.13.3A of the Rules; and\n\n(iv) gas statement of opportunities published by AEMO under section 91DA of the National Gas (Victoria) Law; and\n\n(v) Victorian Gas Planning Report published by AEMO under rule 323 of the National Gas Rules; and\n\nS. 53(2)(b)  amended by No. 38/2025 s. 12(4).\n\n(b) may have regard to any other information that VicGrid considers relevant.\n\nNote to s. 53  inserted by No. 38/2025 s. 12(6).\n\nSection 20 of the **State Owned Enterprises Act 1992** gives VicGrid power in relation to its functions.\n\nS. 54 inserted by No. 15/2024 s. 8.\n\n","sortOrder":130},{"sectionNumber":"54","sectionType":"section","heading":"Ministerial declarations","content":"\t54 Ministerial declarations\n\nThe Minister may, by notice published in the Government Gazette, declare—\n\n(a) infrastructure operating or intended to operate at nominal voltages between 66kV and 220kV to be major electricity transmission infrastructure; and\n\n(b) whether proposed major electricity transmission infrastructure is within a renewable energy zone; and\n\nS. 54(c) amended by No. 38/2025 s. 30(a).\n\n(c) whether proposed major electricity transmission infrastructure is necessary to facilitate connection of a renewable energy zone to the declared shared network.\n\nS. 54(d) repealed by No. 38/2025 s. 30(b).\n\nS. 54A inserted by No. 38/2025 s. 31.\n\n","sortOrder":131},{"sectionNumber":"54A","sectionType":"section","heading":"Excluded area Order","content":"\t54A Excluded area Order\n\n(1) The Minister may, by notice published in the Government Gazette, declare an area of Victoria as an excluded area.\n\n(2) An excluded area Order must set out the boundaries of the excluded area, including a map of the area.\n\n(3) An excluded area Order may contain any other matters the Minister considers appropriate.\n\n(4) The Minister must publish in the Government Gazette the Minister's reasons for making the excluded area Order at the same time as the Order is published in the Government Gazette.\n\nS. 54B inserted by No. 38/2025 s. 31.\n\n","sortOrder":132},{"sectionNumber":"54B","sectionType":"section","heading":"Procedure for making excluded area Order","content":"\t54B Procedure for making excluded area Order\n\nBefore making an excluded area Order, the Minister must—\n\n(i) a draft of the Order; and\n\n(c) consult with—\n\n(i) the Premier; and\n\n(ii) the Treasurer; and\n\n(d) consider any advice provided by VicGrid.\n\nS. 55 inserted by No. 15/2024 s. 8, substituted by No. 38/2025 s. 13.\n\n","sortOrder":133},{"sectionNumber":"55","sectionType":"section","heading":"Delegation","content":"\t55 Delegation\n\n(1) Section 22 of the **State Owned Enterprises Act 1992** does not apply to VicGrid.\n\n(2) Subject to subsection (3), VicGrid may, by instrument, delegate any of its powers or functions to—\n\n(a) a director of VicGrid; or\n\n(b) an officer of VicGrid; or\n\n(c) an employee of VicGrid; or\n\n(d) a member of a committee established by VicGrid.\n\n(3) VicGrid must not delegate a power or function prescribed for the purposes of this subsection.\n\n(4) A person to whom VicGrid delegates a power or function may, subject to a direction given by VicGrid under subsection (5),  \nsub-delegate that power or function to another person referred to in subsection (2)(a), (b), (c) or (d).\n\n(5) VicGrid may give a person to whom it delegates a power or function a direction in relation to the exercise or sub-delegation of that power or function under subsection (4).\n\n(6) VicGrid may give a person to whom a power or function is sub-delegated a direction in relation to the exercise of the power or the performance of the function.\n\n(7) A person to whom a power or function is delegated or sub-delegated must comply with a direction given by VicGrid under subsection (5) or (6).\n\n(8) Sections 42 and 42A of the **Interpretation of Legislation Act 1984** apply to a  \nsub-delegation under subsection (4) in the same way as they apply to a delegation under subsection (2).\n\n(9) This section has effect despite anything to the contrary in section 5 of the **State Owned Enterprises Act 1992**.\n\nS. 55A inserted by No. 38/2025 s. 14.\n\n","sortOrder":134},{"sectionNumber":"55A","sectionType":"section","heading":"Reports to Treasurer","content":"\t55A Reports to Treasurer\n\n(1) A requirement under section 53 of the **State Owned Enterprises Act 1992** does not require the board of VicGrid to give protected information to the Treasurer.\n\n(a) but for subsection (1), a requirement under section 53 of the **State Owned Enterprises Act 1992** would require the board of VicGrid to give protected information to the Treasurer; and\n\n(b) the National Electricity (Victoria) Law authorises the board of VicGrid to give that information to the Treasurer—\n\nthe board of VicGrid may give that information to the Treasurer in response to the requirement, but is not required to do so.\n\nS. 55B inserted by No. 38/2025 s. 14.\n\n","sortOrder":135},{"sectionNumber":"55B","sectionType":"section","heading":"Half-yearly reports—reports and statements","content":"\t55B Half-yearly reports—reports and statements\n\n(1) Section 55(1) of the **State Owned Enterprises Act 1992** does not require the board of VicGrid to include protected information in—\n\n(a) a report under that provision; or\n\n(b) prescribed financial statements referred to in that provision.\n\n(a) but for subsection (1), section 55(1) of the **State Owned Enterprises Act 1992** would require the board of VicGrid to include protected information in a report or statement referred to in subsection (1); and\n\n(b) the National Electricity (Victoria) Law authorises the board of VicGrid to include that information in that report or statement—\n\nthe board of VicGrid may include that information in the report or statement, but is not required to do so.\n\nS. 55C inserted by No. 38/2025 s. 14.\n\n","sortOrder":136},{"sectionNumber":"55C","sectionType":"section","heading":"Half-yearly reports—inclusion of required information","content":"\t55C Half-yearly reports—inclusion of required information\n\n(1) A requirement under section 55(2) of the **State Owned Enterprises Act 1992** does not require the board of VicGrid to include protected information in a report referred to in that provision.\n\n(a) but for subsection (1), a requirement under section 55(2) of the **State Owned Enterprises Act 1992** would require the board of VicGrid to include protected information in a report referred to in subsection (1); and\n\n(b) the National Electricity (Victoria) Law authorises the board of VicGrid to include that information in that report—\n\nthe board of VicGrid may include that information in the report in response to the requirement, but is not required to do so.\n\nS. 55D inserted by No. 38/2025 s. 14.\n\n","sortOrder":137},{"sectionNumber":"55D","sectionType":"section","heading":"Status of VicGrid","content":"\t55D Status of VicGrid\n\n(1) Section 70 of the **State Owned Enterprises Act 1992** applies to VicGrid as if it were a State owned company within the meaning of that Act.\n\n(2) This section has effect despite anything to the contrary in section 5 of the **State Owned Enterprises Act 1992**.\n\nS. 55E inserted by No. 38/2025 s. 14.\n\n","sortOrder":138},{"sectionNumber":"55E","sectionType":"section","heading":"Immunity—general","content":"\t55E Immunity—general\n\n(1) VicGrid or an officer or employee of VicGrid does not incur any civil monetary liability for an act or omission in the performance or exercise, or purported performance or exercise, of a function or power of VicGrid under this Act, the National Electricity (Victoria) Law or the National Electricity Rules unless the act or omission is done or made in bad faith or through negligence.\n\n(2) The civil monetary liability for an act or omission referred to in subsection (1) done or made through negligence may not exceed the prescribed maximum amount.\n\n(3) VicGrid may enter into an agreement with a person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.\n\n(4) This section does not apply to any liability of an officer or employee of VicGrid to VicGrid.\n\nS. 55F inserted by No. 38/2025 s. 14.\n\n","sortOrder":139},{"sectionNumber":"55F","sectionType":"section","heading":"Immunity—failure to supply electricity","content":"\t55F Immunity—failure to supply electricity\n\n(1) VicGrid or an officer or employee of VicGrid does not incur any civil monetary liability for any partial or total failure to supply electricity unless the failure is due to an act or omission done or made by VicGrid or the officer or employee in bad faith or through negligence.\n\n(2) VicGrid may enter into an agreement with a person varying or excluding the operation of subsection (1) and, to the extent of that agreement, that subsection does not apply.\n\n(3) Subsection (2) does not apply in relation to an agreement between VicGrid and a person who is a small customer within the meaning of the National Energy Retail Law (Victoria).\n\n(4) This section does not apply—\n\n(a) to VicGrid or an officer or employee of VicGrid in relation to an act or omission in the performance or exercise, or purported performance or exercise, of a function or power of VicGrid under this Act, the National Electricity (Victoria) Law or the National Electricity Rules; or\n\n(b) to any liability of an officer or employee of VicGrid to VicGrid.\n\nS. 55G inserted by No. 38/2025 s. 14.\n\n","sortOrder":140},{"sectionNumber":"55G","sectionType":"section","heading":"Immunity—use of computer software","content":"\t55G Immunity—use of computer software\n\n(1) VicGrid or an officer, employee or agent of VicGrid does not incur any civil monetary liability for loss or damage suffered by a Registered participant or other person in consequence of the use of computer software to operate the national electricity market.\n\n***Registered participant*** has the same meaning as it has in the National Electricity (Victoria) Law.\n\nS. 55H inserted by No. 38/2025 s. 14.\n\n","sortOrder":141},{"sectionNumber":"55H","sectionType":"section","heading":"Exemption from Freedom of Information Act 1982","content":"\t55H Exemption from Freedom of Information Act 1982\n\n(1) A document which contains—\n\n(a) protected information within the meaning of the National Electricity (Victoria) Law; or\n\n(b) information acquired in the course of, or otherwise in connection with, VicGrid's performance of its declared network functions or its REZ planning functions—\n\nis an exempt document within the meaning of the **Freedom of Information Act 1982**.\n\n(2) Subsection (1) does not limit the operation of section 38 of the **Freedom of Information Act 1982**.\n\nDivision 3—Victorian transmission planning objective\n\nS. 56 inserted by No. 15/2024 s. 8.\n\n","sortOrder":142},{"sectionNumber":"56","sectionType":"section","heading":"What is the Victorian transmission planning objective?","content":"\t56 What is the Victorian transmission planning objective?\n\n(1) The Victorian transmission planning objective is, in relation to Victoria—\n\n(a) to promote efficient investment in, and efficient operation and use of, electricity services for the long term interests of consumers of electricity with respect to—\n\n(i) price, quality, safety, reliability and security of supply of electricity; and\n\n(ii) the reliability, safety and security of the national electricity system; and\n\n(b) the delivery of transmission services consistent with a least-regrets development pathway; and\n\n(c) the achievement of targets set by Victorian legislation—\n\n(i) for reducing Victoria's greenhouse gas emissions; or\n\n(ii) that are likely to contribute to reducing Victoria's greenhouse gas emissions.\n\n(2) In subsection (1)(b), a ***least-regrets development pathway*** means a process of selecting development pathways having regard to the risks associated with underinvestment or overinvestment in light of the uncertainties reflected across a range of scenarios.\n\nDivision 4—Victorian transmission plan guidelines\n\nS. 57 inserted by No. 15/2024 s. 8.\n\n","sortOrder":143},{"sectionNumber":"57","sectionType":"section","heading":"Victorian transmission plan guidelines","content":"\t57 Victorian transmission plan guidelines\n\nS. 57(1) amended by No. 38/2025 s. 15(1)(a).\n\n(1) VicGrid must prepare and publish guidelines called Victorian transmission plan guidelines that—\n\n(a) define a set of plausible, high-impact scenarios that establish the electricity system's 25-year investment needs consistent with Victorian energy policy objectives and market outlook; and\n\n(b) include key inputs, sensitivities, methodologies and assumptions that will be considered as part of the making of the Victorian transmission plan, including the geographical area that will be analysed in the plan; and\n\nS. 57(1)(c) amended by No. 38/2025 s. 15(1)(b).\n\n(c) describe how VicGrid will consult stakeholders in the preparation of the Victorian transmission plan; and\n\n(d) specify a transmission planning standard that will provide for certain detailed aspects of the Victorian transmission plan.\n\nS. 57(2) amended by No. 38/2025 s. 15(2)(a).\n\n(2) VicGrid must—\n\n(a) publish the Victorian transmission plan guidelines no later than 30 September 2024; and\n\nS. 57(2)(b) amended by No. 38/2025 s. 15(2)(b).\n\n(b) review the Victorian transmission plan guidelines, amend them if necessary, and publish the guidelines as amended no later than 31 August in the calendar year preceding the calendar year in which VicGrid is required to publish a Victorian transmission plan.\n\nS. 57(3) amended by No. 38/2025 s. 15(3).\n\n(3) In preparing or reviewing the Victorian transmission plan guidelines, VicGrid—\n\n(a) must have regard to the Victorian transmission planning objective; and\n\n(b) may undertake a strategic land use assessment; and\n\nS. 57(3)(c) amended by No. 38/2025 s. 15(3).\n\n(c) may have regard to any other information that VicGrid considers relevant.\n\nS. 57(4) amended by No. 38/2025 s. 15(4).\n\n(4) Before publishing or amending the Victorian transmission plan guidelines, VicGrid must—\n\n(a) issue a public notice, in accordance with subsection (5), inviting submissions to be made within a period of not less than 30 days specified in the notice; and\n\n(b) cause a draft of the guidelines or amendment to be published on a website for the period specified in the notice under paragraph (a); and\n\n(c) consider any submissions received within that period; and\n\n(d) comply with any prescribed requirements.\n\n(5) A notice under subsection (4)(a)—\n\n(a) must be issued by publishing it—\n\n(i) in the Government Gazette; and\n\nS. 57(5)(a)(ii) amended by No. 38/2025 s. 15(5).\n\n(ii) on a website managed by VicGrid; and\n\n(iii) on an approved alternative publication Internet site declared under section 38N of the **Interpretation of Legislation Act 1984**; and\n\n(b) must give the address of the website on which the draft is published under subsection (4)(b).\n\nS. 57(6) amended by No. 38/2025 s. 15(6).\n\n(6) VicGrid must publish the Victorian transmission plan guidelines, as amended from time to time, on a website managed by VicGrid.\n\nS. 58 inserted by No. 15/2024 s. 8.\n\n","sortOrder":144},{"sectionNumber":"58","sectionType":"section","heading":"Effect of Victorian transmission plan guidelines","content":"\t58 Effect of Victorian transmission plan guidelines\n\nS. 58(1) amended by No. 38/2025 s. 16(1).\n\n(1) VicGrid must perform VicGrid's REZ planning functions in accordance with Victorian transmission plan guidelines unless VicGrid determines that the guidelines should not apply in any particular case.\n\nS. 58(2) amended by No. 38/2025 s. 16(2).\n\n(2) If VicGrid determines that the guidelines should not apply in any particular case, VicGrid must publish a statement of the reasons for so determining on a website managed by VicGrid.\n\nDivision 5—Victorian transmission plan\n\nS. 59 inserted by No. 15/2024 s. 8.\n\n","sortOrder":145},{"sectionNumber":"59","sectionType":"section","heading":"What is a Victorian transmission plan?","content":"\t59 What is a Victorian transmission plan?\n\n(1) A Victorian transmission plan is a document setting out an optimal set of projects that address the planning and development needs over the following periods related to new major electricity transmission infrastructure to facilitate connection of renewable energy zones to the declared shared network—\n\n(a) 15 years for the first Victorian transmission plan;\n\n(b) 25 years for each subsequent Victorian transmission plan.\n\n(2) A Victorian transmission plan must—\n\nS. 59(2)(a) substituted by No. 38/2025 s. 35(a).\n\n(a) include a map for every renewable energy zone that—\n\n(i) sets out the boundaries of the renewable energy zone; and\n\nS. 59(2)(a)(ii) repealed by No. 9/2026 s. 24(1).\n\nS. 59(2)(ab) inserted by No. 38/2025 s. 35(a).\n\n(ab) include a map for every proposed renewable energy zone that—\n\n(i) sets out the boundaries of the proposed renewable energy zone; and\n\nS. 59(2)(ab)(ii) repealed by No. 9/2026 s. 24(1).\n\nS. 59(2)(ac) inserted by No. 38/2025 s. 35(a).\n\n(ac) set out, for every renewable energy zone—\n\n(i) the proposed mix of different kinds of eligible generating systems and eligible integrated resource systems that may be connected to the declared transmission system within the renewable energy zone; and\n\n(ii) the limits (if any) (measured in megawatts) for each kind of eligible generating system or eligible integrated resource system that may be connected to the declared transmission system within the renewable energy zone; and\n\nS. 59(2)(ad) inserted by No. 38/2025 s. 35(a).\n\n(ad) include a map identifying every excluded area and any areas that VicGrid has recommended be declared as excluded areas; and\n\n(b) apply the scenarios defined in the Victorian transmission plan guidelines together with the relevant sensitivities to determine the need for generation and transmission development in the areas identified under paragraph (a); and\n\n(c) include a viable 25-year plan for each scenario that integrates economic, social and environmental factors including least-cost system design, technical system requirements, strategic land use assessment and wider factors considered through a multi-criteria analysis to meet the need determined under paragraph (b); and\n\n(d) identify a renewable energy pathway that will perform best under the relevant system scenario or multiple system scenarios; and\n\n(e) include the specified projects, including non-network solutions, for the pathway identified under paragraph (d); and\n\nS. 59(2)(f) amended by No. 38/2025 s. 35(b).\n\n(f) identify preferred transmission project areas of interest for renewable energy zone transmission projects to be developed in the first 10 years of the Victorian transmission plan.\n\nS. 59(2A) inserted by No. 9/2026 s. 24(2).\n\n(2A) A map for every renewable energy zone and proposed renewable energy zone included in a Victorian transmission plan may identify preferred transmission project areas of interest—\n\n(a) within the renewable energy zone for the development of major electricity transmission infrastructure; and\n\n(b) between the renewable energy zone and the location of the declared transmission system, or a part of that system, for the development of major electricity transmission infrastructure.\n\nS. 59(3) amended by No. 9/2026 s. 24(3).\n\n(3) Subsection (2) or (2A) does not apply to the first Victorian transmission plan.\n\nS. 60 inserted by No. 15/2024 s. 8.\n\n","sortOrder":146},{"sectionNumber":"60","sectionType":"section","heading":"Preparing and publishing Victorian transmission plan","content":"\t60 Preparing and publishing Victorian transmission plan\n\nS. 60(1) amended by No. 38/2025 s. 17(1).\n\n(1) VicGrid must prepare and publish a Victorian transmission plan as follows—\n\n(a) the first plan must be published no later than 31 July 2025;\n\n(b) the second plan must be published no later than 31 July 2027;\n\n(c) a subsequent plan must be published no later than 31 July in the fourth calendar year following the publication of the previous plan.\n\nS. 60(2) amended by No. 38/2025 s. 17(2).\n\n(2) In preparing a Victorian transmission plan, VicGrid—\n\n(a) must have regard to the Victorian transmission planning objective; and\n\n(b) must undertake the following—\n\n(i) a strategic land use assessment;\n\n(ii) a multi-criteria analysis;\n\n(iii) a robustness analysis;\n\n(iv) a cost-benefit analysis; and\n\n(c) must have regard to the results of the assessment and analyses undertaken under paragraph (b); and\n\n(d) must undertake any consultation required by the Victorian transmission plan guidelines and consider the results of that consultation; and\n\nS. 60(2)(e) amended by No. 38/2025 s. 17(2).\n\n(e) may have regard to any other information that VicGrid considers relevant.\n\nS. 60(3) amended by No. 38/2025 s. 17(3).\n\n(3) VicGrid must publish a Victorian transmission plan on a website managed by VicGrid.\n\nS. 61 inserted by No. 15/2024 s. 8.\n\n","sortOrder":147},{"sectionNumber":"61","sectionType":"section","heading":"Updating Victorian transmission plan","content":"\t61 Updating Victorian transmission plan\n\nS. 61(1) amended by No. 38/2025 s. 18.\n\n(1) VicGrid may review and update the current Victorian transmission plan if VicGrid considers there has been a material change to the key assumptions and forecasts underlying the plan.\n\n(2) An update must include any new information or revised assumptions and the impact of those on the plan.\n\nS. 61(3) amended by No. 38/2025 s. 18.\n\n(3) VicGrid must publish an update on a website managed by VicGrid.\n\nS. 62 inserted by No. 15/2024 s. 8.\n\n","sortOrder":148},{"sectionNumber":"62","sectionType":"section","heading":"AEMO and service providers to have regard to Victorian transmission plan","content":"\t62 AEMO and service providers to have regard to Victorian transmission plan\n\n(1) In preparing each of the following, AEMO must have regard to the current Victorian transmission plan—\n\n(a) an Integrated System Plan under clause 5.22.1 of the Rules;\n\n(b) a Victorian Annual Planning Report under AEMO's declared network functions in Victoria;\n\n(c) a statement of opportunities under clause 3.13.3A of the Rules;\n\n(d) a gas statement of opportunities under section 91DA of the National Gas (Victoria) Law.\n\nS. 62(2) amended by No. 38/2025 s. 56.\n\n(2) A Transmission Network Service Provider must have regard to the current Victorian transmission plan in performing functions under clause 5.12 of the Rules.\n\nS. 62(3) amended by No. 38/2025 s. 56.\n\n(3) A Distribution Network Service Provider must have regard to the current Victorian transmission plan in performing functions under clause 5.13 of the Rules.\n\nDivision 6—Renewable energy zones\n\nS. 63 inserted by No. 15/2024 s. 8.\n\n","sortOrder":149},{"sectionNumber":"63","sectionType":"section","heading":"Declaration of renewable energy zones","content":"\t63 Declaration of renewable energy zones\n\n(1) The Minister, by Order published in the Government Gazette, may declare an area of Victoria as a renewable energy zone.\n\n(2) A renewable energy zone Order must set out—\n\n(a) the boundaries of the renewable energy zone, including a map of the zone; and\n\nS. 63(2)(b) substituted by No. 38/2025 s. 36(1), repealed by No. 9/2026 s. 25(1).\n\n(c) intended transmission hosting capacity within the renewable energy zone; and\n\n(d) engagement requirements and expectations of project proponents during project development.\n\nS. 63(3) substituted by No. 9/2026 s. 25(2).\n\n(3) A renewable energy zone Order may—\n\n(a) set out preferred transmission project areas of interest—\n\n(i) within the renewable energy zone for the development of major electricity transmission infrastructure; and\n\n(ii) between the renewable energy zone and the location of the declared transmission system, or a part of that system, for the development of major electricity transmission infrastructure; and\n\n(b) contain any other matters the Minister considers appropriate.\n\n(4) The Minister must publish in the Government Gazette the Minister's reasons for making a renewable energy zone Order at the same time as the Order is published in the Government Gazette.\n\nS. 64 inserted by No. 15/2024 s. 8.\n\n","sortOrder":150},{"sectionNumber":"64","sectionType":"section","heading":"Procedure for making renewable energy zone Order","content":"\t64 Procedure for making renewable energy zone Order\n\n(1) Before making a renewable energy zone Order, the Minister must—\n\n(i) a draft of the Order; and\n\n(c) consult the Premier and the Treasurer.\n\n(2) In making a renewable energy zone Order, the Minister—\n\n(a) must have regard to—\n\n(i) the Victorian transmission planning objective; and\n\n(ii) the current Victorian Transmission Plan; and\n\n(b) may have regard to any other information that the Minister considers relevant.\n\nS. 65 inserted by No. 15/2024 s. 8.\n\n","sortOrder":151},{"sectionNumber":"65","sectionType":"section","heading":"Publication of renewable energy zone Order and statement of reasons","content":"\t65 Publication of renewable energy zone Order and statement of reasons\n\nAs soon as practicable after a renewable energy zone Order is published in the Government Gazette, the Minister must cause to be published on a website managed by the Department—\n\n(a) the Order; and\n\n(b) the Minister's reasons for making the Order; and\n\n(c) a summary of submissions received within the period specified under section 64(1)(a)(ii).\n\nPt 6 Div. 7 (Heading and ss 66, 67) inserted by No. 15/2024 s. 8, repealed by No. 38/2025 s. 19.\n\nDivision 8—General\n\nS. 68 inserted by No. 15/2024 s. 8, substituted by No. 38/2025 s. 20.\n\n","sortOrder":152},{"sectionNumber":"68","sectionType":"section","heading":"Agreements for AEMO to assist VicGrid","content":"\t68 Agreements for AEMO to assist VicGrid\n\n(1) AEMO has the function of providing services and other support to VicGrid to assist VicGrid in relation to the performance of a function or exercise of a power by VicGrid under—\n\n(a) this Act; or\n\n(b) the National Electricity (Victoria) Law; or\n\n(c) the National Electricity (Victoria) Regulations; or\n\n(d) the National Electricity Rules.\n\nSee section 49(1)(h) of the National Electricity (Victoria) Law.\n\n(2) AEMO and VicGrid may enter into an agreement, arrangement or understanding under which AEMO provides a service or other support referred to in subsection (1).\n\n(3) Nothing in this section requires AEMO to provide a service or another support to VicGrid if AEMO and VicGrid have not entered into an agreement, arrangement or understanding for the provision of that service or support.\n\nS. 68A inserted by No. 38/2025 s. 21.\n\n","sortOrder":153},{"sectionNumber":"68A","sectionType":"section","heading":"Competition and Consumer Act and Competition Code","content":"\t68A Competition and Consumer Act and Competition Code\n\n(1) For the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code, the following things are authorised by this Act—\n\n(a) the entering into an agreement by specified persons under which they disclose confidential information to one another for the purposes of being issued a specified authority or complying with conditions to which a specified authority is subject;\n\n(b) the entering into an agreement by VicGrid and a grid impact authority holder or a REZ scheme authority holder under which the operation of a facility connected to the declared transmission system is restricted;\n\n(c) the amendment of an agreement referred to in paragraph (a) or (b);\n\n(d) the giving effect to an agreement referred to in paragraph (a) or (b);\n\n(e) the conduct by VicGrid of a process (including a process under which expressions of interest are invited or a competitive tender process) for the purposes of issuing a REZ scheme authority;\n\n(f) the carrying out of early works (within the meaning of the Rules) by VicGrid, including the procurement by VicGrid of such works, for the purposes of augmentations of the declared shared network that will be procured by VicGrid;\n\n(g) the procurement of augmentations of the declared transmission system by VicGrid.\n\n***agreement*** includes a contract, arrangement or understanding;\n\n***giving effect to***, in relation to an agreement, includes—\n\n(a) complying with any obligation under the agreement; and\n\n(b) exercising or enforcing any right or power under the agreement;\n\n***specified authority***, in relation to a specified person, means—\n\n(a) if the specified person is a grid impact authority applicant, the grid impact authority that may be issued to them under section 33B or 33E; or\n\n(b) if the specified person is a grid impact authority holder, the grid impact authority that they hold; or\n\n(c) if the specified person is a REZ scheme authority applicant, the REZ scheme authority that may be issued to them under section 33L or 33P; or\n\n(d) if the specified person is a REZ scheme authority holder—a REZ scheme authority that they hold;\n\n***specified person*** means a grid impact authority applicant, a grid impact authority holder, a REZ scheme authority applicant or a REZ scheme authority holder.\n\nS. 68B inserted by No. 38/2025 s. 21.\n\n","sortOrder":154},{"sectionNumber":"68B","sectionType":"section","heading":"Providing false or misleading information","content":"\t68B Providing false or misleading information\n\nA person must not, in purported compliance with a market information instrument, provide information to VicGrid that the person knows is false or misleading in a material particular.\n\nPenalty: In the case of a natural person, 60 penalty units;\n\nIn the case of a body corporate, 240 penalty units.\n\nPt 7 (Headings and ss 69–87) inserted by No. 15/2024 s. 10.\n\n","sortOrder":155},{"sectionNumber":"Part 7","sectionType":"part","heading":"Landholder payments","content":"Part 7—Landholder payments\n\nS. 69 inserted by No. 15/2024 s. 10.\n\n","sortOrder":156},{"sectionNumber":"69","sectionType":"section","heading":"Definitions","content":"\t69 Definitions\n\nS. 69 def. of *eligible person* amended by No. 38/2025 s. 39.\n\n***eligible person*** means a person that—\n\n(a) VicGrid determines under section 70(3)(a) is eligible to receive payments under Division 2; or\n\n(b) the Minister determines under section 75(3)(a) is eligible to receive payments under Division 3;\n\n***initial payment*** means a payment under section 71 or 76;\n\n***public land*** means the following—\n\n(a) land under the **Crown Land (Reserves) Act 1978**, other than land under the **Alpine Resorts Act 1983**;\n\n(b) land in any park within the meaning of the **National Parks Act 1975**;\n\n(c) reserved forest within the meaning of the **Forests Act 1958**;\n\n(d) unreserved Crown land under the **Land Act 1958**;\n\n(e) land in any Nature Reserve or State Wildlife Reserve, within the meaning of the **Wildlife Act 1975**, other than land in a State Game Reserve (within the meaning of that Act);\n\n***Register of land*** has the same meaning as ***Register*** in the **Transfer of Land Act 1958**;\n\n***registration*** in relation to a relevant transmission interest subsisting in land other than public land, means the making of a recording on a folio of the Register of land to the effect that land described in that folio is subject to the relevant transmission interest;\n\nS. 69 def. of *relevant transmission interest* substituted by No. 9/2026 s. 26.\n\n***relevant transmission interest*** means a prescribed interest in land, or a prescribed right with respect to land, that is held by a transmission company for the purposes of accessing or operating infrastructure or equipment that forms part of, or is necessary for the operation of—\n\n(a) any major electricity transmission infrastructure, within the meaning of Part 6, the construction of which begins on or after 1 January 2025; or\n\n(b) any prescribed electricity infrastructure, the construction of which begins on or after 1 January 2025;\n\n***subsequent payment*** means a payment under section 73 or 77;\n\n***transmission company*** means—\n\n(a) a transmission company within the meaning of the **Electricity Industry Act 2000**; or\n\n(b) a person that—\n\n(i) owns, controls or operates a transmission system within the meaning of the Rules; and\n\n(ii) is exempted by Order under section 17 of the **Electricity Industry Act 2000** from the requirement to obtain a licence under Part 2 of that Act in respect of that ownership, control or operation.\n\nDivision 2—Land other than public land\n\nS. 70 inserted by No. 15/2024 s. 10.\n\n","sortOrder":157},{"sectionNumber":"70","sectionType":"section","heading":"Determination of eligibility","content":"\t70 Determination of eligibility\n\nS. 70(1) amended by No. 38/2025 s. 40(1).\n\n(1) A person may apply to VicGrid for a determination that the person is eligible to receive payments under this Division in relation to a relevant transmission interest if—\n\n(a) the person holds a prescribed interest in land other than public land; and\n\n(b) that land is subject to the relevant transmission interest.\n\n(a) be in the prescribed form; and\n\n(b) contain any prescribed information.\n\nS. 70(3) amended by No. 38/2025 s. 40(1).\n\n(3) On receiving an application under subsection (1), VicGrid must either—\n\n(a) determine that the person is eligible to receive payments under this Division in relation to the relevant transmission interest; or\n\n(b) determine that the person is not eligible to receive payments under this Division in relation to the relevant transmission interest.\n\nS. 70(4) amended by No. 38/2025 s. 40(2).\n\n(4) In making a determination under subsection (3), VicGrid—\n\n(a) must consider any prescribed matters; and\n\nS. 70(4)(b) amended by No. 38/2025 s. 40(2).\n\n(5) A determination under subsection (3) must—\n\n(a) be made—\n\n(i) within the prescribed period; or\n\nS. 70(5)(a)(ii) amended by No. 38/2025 s. 40(1).\n\n(ii) if no period is prescribed, within 3 months after VicGrid receives the application; and\n\n(b) set out any prescribed information.\n\n(6) Unless circumstances prescribed for the purposes of this subsection apply, a person ceases to be an eligible person in relation to a relevant transmission interest if—\n\n(a) the land in which the person's interest subsists ceases to be subject to the relevant transmission interest; or\n\n(b) the person ceases to hold the interest in land.\n\n(7) Without limiting subsection (6)(a), land does not cease to be subject to a relevant transmission interest solely because the relevant transmission interest to which the land is subject is assigned or transferred to another transmission company.\n\nS. 70(8) amended by No. 38/2025 s. 40(2).\n\n(8) If a person ceases to be an eligible person in relation to a relevant transmission interest under subsection (6), the person must notify VicGrid, or any person nominated by VicGrid—\n\n(a) in writing within 15 business days after the person ceases to be an eligible person; and\n\n(b) in accordance with any guidelines under section 79(2).\n\n(9) Nothing in this section prevents a person applying under subsection (1) in relation to a prescribed interest in land created by a subdivision of that land.\n\nS. 71 inserted by No. 15/2024 s. 10.\n\n","sortOrder":158},{"sectionNumber":"71","sectionType":"section","heading":"Initial payment","content":"\t71 Initial payment\n\nS. 71(1) amended by No. 38/2025 s. 41(1).\n\n(1) Subject to sections 81 and 82, VicGrid must ensure that an initial payment is made, in accordance with the regulations, to an eligible person in relation to the relevant transmission interest of either—\n\n(a) an amount calculated in accordance with section 72; or\n\nS. 71(1)(b) amended by No. 38/2025 s. 41(1).\n\n(b) if VicGrid considers that exceptional circumstances exist, an amount greater than the amount described in paragraph (a) calculated in accordance with any guidelines made under section 79(1)(b).\n\nS. 71(2) amended by No. 38/2025 s. 41(1).\n\n(2) In determining whether exceptional circumstances exist for the purposes of subsection (1)(b), VicGrid—\n\nS. 71(2)(b) amended by No. 38/2025 s. 41(1).\n\nS. 71(3) amended by No. 38/2025 s. 41(2).\n\n(3) VicGrid must ensure that a payment to an eligible person under subsection (1) is made—\n\n(a) if a day is prescribed for the purposes of this subsection, on or before that day; or\n\n(b) if no day is prescribed for the purposes of this subsection, on or before the day that is 3 months after the day on which the determination of the person's eligibility is made under section 70(3)(a).\n\nS. 72 inserted by No. 15/2024 s. 10.\n\n","sortOrder":159},{"sectionNumber":"72","sectionType":"section","heading":"Calculation of initial payment","content":"\t72 Calculation of initial payment\n\nS. 72(1) substituted by No. 38/2025 s. 37.\n\n(1) An initial payment under section 71 must be calculated in accordance with the formula—\n\n **I** is the amount in dollars to be paid to the eligible person;\n\n **CPIi** is the all groups consumer price index for Melbourne in original terms for the most recent reference period published by the Australian Bureau of Statistics;\n\n **CPIii** is the all groups consumer price index for Melbourne in original terms for the reference period in the calendar year 2024 that corresponds to the reference period referred to in CPIi most recently published by the Australian Bureau of Statistics;\n\n **W** is—\n\n(a) in the case of a relevant transmission interest that has a width of 100 metres or less—8000; or\n\n(b) in the case of a relevant transmission interest that has a width of more than 100 metres—16 000;\n\n **L** is the length in kilometres of the relevant transmission interest.\n\n(2) For the purposes of subsection (1)—\n\n(a) the width of the relevant transmission interest must be measured at the widest part of that interest; and\n\n(b) if the length of the relevant transmission interest is less than 0∙1 kilometres, L is taken to be 0∙1 kilometres.\n\nS. 73 inserted by No. 15/2024 s. 10.\n\n","sortOrder":160},{"sectionNumber":"73","sectionType":"section","heading":"Subsequent payments","content":"\t73 Subsequent payments\n\nS. 73(1) amended by No. 38/2025 s. 42(1).\n\n(1) Subject to sections 81 and 82, VicGrid, for each relevant year, must ensure that a payment is made, in accordance with the regulations, to an eligible person in relation to the relevant transmission interest of either—\n\n(a) an amount calculated in accordance with section 74; or\n\nS. 73(1)(b) amended by No. 38/2025 s. 42(1).\n\n(b) if VicGrid considers that exceptional circumstances exist, an amount greater than the amount described in paragraph (a) calculated in accordance with any guidelines made under section 79(1)(b).\n\nS. 73(2) amended by No. 38/2025 s. 42(1).\n\n(2) In determining whether exceptional circumstances exist for the purposes of subsection (1)(b), VicGrid—\n\nS. 73(2)(b) amended by No. 38/2025 s. 42(1).\n\nS. 73(3) amended by No. 38/2025 s. 42(2).\n\n(3) VicGrid must ensure that a payment to an eligible person under subsection (1) is made—\n\n(a) if a day is prescribed for the purposes of this subsection, on or before that day; or\n\n(b) if no day is prescribed for the purposes of this subsection, on or before the day of the relevant year that is the anniversary of the registration of the relevant transmission interest.\n\n***relevant year*** means—\n\n(a) the year beginning on the first anniversary of the registration of the relevant transmission interest; and\n\n(b) each subsequent year for a period of 23 years.\n\nS. 74 inserted by No. 15/2024 s. 10.\n\n","sortOrder":161},{"sectionNumber":"74","sectionType":"section","heading":"Calculation of subsequent payments","content":"\t74 Calculation of subsequent payments\n\nA payment under section 73 for a relevant year must be calculated in accordance with the formula—\n\n **S** is the amount in dollars to be paid to the eligible person;\n\n **CPIi** is the all groups consumer price index for Melbourne in original terms for the last reference period in the preceding relevant year most recently published by the Australian Bureau of Statistics;\n\n **CPIii** is the all groups consumer price index in original terms for Melbourne for the corresponding reference period one year earlier than the reference period referred to in CPIi most recently published by the Australian Bureau of Statistics;\n\n **P** is the amount paid to the eligible person under section 71 or 73 (as appropriate) for the previous relevant year.\n\nDivision 3—Public land\n\nS. 75 inserted by No. 15/2024 s. 10.\n\n","sortOrder":162},{"sectionNumber":"75","sectionType":"section","heading":"Determination of eligibility—public land","content":"\t75 Determination of eligibility—public land\n\n(1) A person may apply to the Minister for a determination that the person is eligible to receive payments under this Division in relation to a relevant transmission interest if—\n\n(a) the person holds a prescribed interest in public land; and\n\n(b) either—\n\n(i) that land is subject to the relevant transmission interest; or\n\n(ii) prescribed circumstances exist.\n\n(a) be in the prescribed form; and\n\n(b) contain any prescribed information.\n\n(3) On receiving an application under subsection (1), the Minister must either—\n\n(a) determine that the person is eligible to receive payments under this Division in relation to the relevant transmission interest; or\n\n(b) determine that the person is not eligible to receive payments under this Division in relation to the relevant transmission interest.\n\n(4) In making a determination under subsection (3), the Minister—\n\n(a) must consider any prescribed matters; and\n\n(5) A determination under subsection (3) must—\n\n(a) be made—\n\n(i) within the prescribed period; or\n\n(ii) if no period is prescribed, within 4 months after the Minister receives the application; and\n\n(b) set out any prescribed information.\n\n(6) Unless circumstances prescribed for the purposes of this subsection apply, a person ceases to be an eligible person in relation to a relevant transmission interest if—\n\n(a) the land in which the person's interest subsists ceases to be subject to the relevant transmission interest; or\n\n(b) the person ceases to hold the interest in land; or\n\n(c) the prescribed circumstances referred to in subsection (1)(b)(ii) cease to exist.\n\n(7) Without limiting subsection (6)(a), land does not cease to be subject to a relevant transmission interest solely because the relevant transmission interest to which the land is subject is assigned or transferred to another transmission company.\n\n(8) If a person ceases to be an eligible person in relation to a relevant transmission interest under subsection (6), the person must notify the Minister, or any person nominated by the Minister—\n\n(a) in writing within 15 business days after the person ceases to be an eligible person; and\n\n(b) in accordance with any guidelines under section 79(2).\n\n(9) Nothing in this section prevents a person applying under subsection (1) in relation to a prescribed interest in land created by a subdivision of that land.\n\nS. 76 inserted by No. 15/2024 s. 10.\n\n","sortOrder":163},{"sectionNumber":"76","sectionType":"section","heading":"Initial payment—public land","content":"\t76 Initial payment—public land\n\n(1) Subject to sections 81 and 82, the Minister must ensure that an initial payment is made, in accordance with the regulations, to an eligible person in relation to the relevant transmission interest of—\n\n(a) an amount calculated in accordance with the prescribed method; or\n\n(b) if the Minister considers that exceptional circumstances exist, an amount greater than the amount described in paragraph (a) calculated in accordance with any guidelines made under section 79(1)(b).\n\n(2) In determining whether exceptional circumstances exist for the purposes of subsection (1)(b), the Minister—\n\n(3) The Minister must ensure that a payment to an eligible person under subsection (1) is made on or before the prescribed day.\n\nS. 77 inserted by No. 15/2024 s. 10.\n\n","sortOrder":164},{"sectionNumber":"77","sectionType":"section","heading":"Subsequent payments—public land","content":"\t77 Subsequent payments—public land\n\n(1) Subject to sections 81 and 82, the Minister, for each relevant year, must make, in accordance with the regulations, a payment to an eligible person in relation to the relevant transmission interest of either—\n\n(a) an amount calculated in accordance with section 78; or\n\n(b) if the Minister considers that exceptional circumstances exist, an amount greater than the amount described in paragraph (a) calculated in accordance with any guidelines made under section 79(1)(b).\n\n(2) In determining whether exceptional circumstances exist for the purposes of subsection (1)(b), the Minister—\n\n(3) The Minister must ensure that a payment to an eligible person under subsection (1) is made on or before the prescribed day.\n\n***relevant year*** means—\n\n(a) the year beginning on the prescribed day; and\n\n(b) each subsequent year for the prescribed period or, if no period is prescribed, for a period of 23 years.\n\nS. 78 inserted by No. 15/2024 s. 10.\n\n","sortOrder":165},{"sectionNumber":"78","sectionType":"section","heading":"Calculation of subsequent payments—public land","content":"\t78 Calculation of subsequent payments—public land\n\nA payment under section 77 for a relevant year must be calculated in accordance with the formula—\n\n **S** is the amount in dollars to be paid to the eligible person;\n\n **CPIi** is the all groups consumer price index for Melbourne in original terms for the last reference period in the preceding relevant year most recently published by the Australian Bureau of Statistics;\n\n **CPIii** is the all groups consumer price index in original terms for Melbourne for the corresponding reference period one year earlier than the reference period referred to in CPIi most recently published by the Australian Bureau of Statistics;\n\n **P** is the amount paid to the eligible person under section 76 or 77 (as appropriate) for the previous relevant year.\n\nDivision 4—General\n\nS. 79 inserted by No. 15/2024 s. 10.\n\n","sortOrder":166},{"sectionNumber":"79","sectionType":"section","heading":"Guidelines","content":"\t79 Guidelines\n\nS. 79(1) amended by No. 38/2025 s. 43.\n\n(1) VicGrid may issue guidelines in respect of—\n\n(a) determining when exceptional circumstances exist for the purposes of sections 71(1)(b), 73(1)(b), 76(1)(b) and 77(1)(b); and\n\n(b) the method by which an amount under section 71(1)(b), 73(1)(b), 76(1)(b) or 77(1)(b) is to be calculated.\n\nS. 79(2) amended by No. 38/2025 s. 43.\n\n(2) VicGrid may issue guidelines in respect of—\n\n(a) the manner in which a notice under section 70(8), 75(8) or 80 is to be given; and\n\n(b) the nature of the information that a notice under section 70(8), 75(8) or 80 is to contain.\n\nS. 80 inserted by No. 15/2024 s. 10.\n\n","sortOrder":167},{"sectionNumber":"80","sectionType":"section","heading":"Transmission company notification requirements","content":"\t80 Transmission company notification requirements\n\n(1) If a transmission company ceases to hold a relevant transmission interest, the transmission company must notify—\n\nS. 80(1)(a) amended by No. 38/2025 s. 44.\n\n(a) in the case of a relevant transmission interest subsisting in land other than public land, VicGrid; and\n\n(b) in the case of a relevant transmission interest subsisting in public land, the Minister.\n\n(2) A transmission company must notify the following of any prescribed matter—\n\nS. 80(2)(a) amended by No. 38/2025 s. 44.\n\n(a) if the transmission company holds an interest in land other than public land, VicGrid;\n\n(b) if the transmission company holds an interest in public land, the Minister.\n\n(3) A notice under subsection (1) or (2) must—\n\n(a) be made in writing within 15 business days after the transmission company ceases to hold the relevant transmission interest; and\n\n(b) be made in accordance with any guidelines under section 79(2).\n\nS. 81 inserted by No. 15/2024 s. 10.\n\n","sortOrder":168},{"sectionNumber":"81","sectionType":"section","heading":"Waiver of entitlement to payment","content":"\t81 Waiver of entitlement to payment\n\nS. 81(1) amended by No. 38/2025 s. 45.\n\n(1) An eligible person, by notice in writing to VicGrid or the transmission company that holds the relevant transmission interest, may waive the eligible person's entitlement to a specified payment under section 71, 73, 76 or 77.\n\n(2) If an eligible person waives an entitlement under subsection (1)—\n\n(a) section 71, 73, 76 or 77 (as appropriate) does not apply in relation to that payment; and\n\n(b) the transfer of the interest in land that is subject to the relevant transmission interest does not revive any entitlement to the payment.\n\nS. 82 inserted by No. 15/2024 s. 10.\n\n","sortOrder":169},{"sectionNumber":"82","sectionType":"section","heading":"Transfer of interest in land subject to relevant transmission interest","content":"\t82 Transfer of interest in land subject to relevant transmission interest\n\n(a) an interest (the ***transferred interest***) in land that is subject to a relevant transmission interest is transferred—\n\n(i) by an eligible person to another person (the ***transferee***); and\n\n(ii) before the day that is 25 years after the registration of the relevant transmission interest; and\n\nS. 82(1)(b) amended by No. 38/2025 s. 46.\n\n(b) on application by the transferee under section 70(1) or 75(1), the Minister or VicGrid determines under section 70(3)(a) or 75(3)(a) (as appropriate) that the transferee is eligible to receive payments under this Part in relation to the relevant transmission interest.\n\n(2) The transferee is entitled to an initial payment in relation to the relevant transmission interest only if no initial payment under section 71 or 76 for the transferred interest has previously been made to any other person in relation to the relevant transmission interest.\n\n(3) The transferee is entitled to a subsequent payment for a relevant year in relation to the relevant transmission interest only if no payment under section 73 or 77 (as appropriate) has been made for that year to any previous holder of the transferred interest in relation to the relevant transmission interest.\n\n***relevant year***—\n\n(a) in the case of an interest in land other than public land, has the same meaning as in section 73; or\n\n(b) in the case of an interest in public land, has the same meaning as in section 77.\n\n***transfer***, in relation to an interest in land that is subject to a relevant transmission interest, includes transferring an interest in land created by the subdivision of that land.\n\nS. 83 inserted by No. 15/2024 s. 10.\n\n","sortOrder":170},{"sectionNumber":"83","sectionType":"section","heading":"Overpayments","content":"\t83 Overpayments\n\n(1) Subject to subsection (2), a payment made or purportedly made under this Part to a person who is not an eligible person, or in relation to any period during which the person is not an eligible person—\n\n(a) is a debt due to the Crown; and\n\n(b) may be recovered by—\n\nS. 83(1)(b)(i) amended by No. 38/2025 s. 47.\n\n(i) in the case of a payment made or purportedly made under Division 2, VicGrid; or\n\n(ii) in the case of a payment made or purportedly made under Division 3, the Minister.\n\nS. 83(2) amended by No. 38/2025 s. 47.\n\n(2) If a payment described in subsection (1) is made or purportedly made as the result of the failure by a transmission company to notify the Minister or VicGrid under section 80, the debt—\n\n(a) may be recovered from the transmission company; and\n\n(b) must not be recovered from the person to whom the payment was made or purportedly made.\n\n(3) An overpayment made to an eligible person under this Part as the result of the miscalculation of an initial payment or a subsequent payment—\n\n(a) is a debt due to the Crown; and\n\n(b) may be recovered by—\n\nS. 83(3)(b)(i) amended by No. 38/2025 s. 47.\n\n(i) in the case of a payment made under Division 2, VicGrid; or\n\n(ii) in the case of a payment made under Division 3, the Minister.\n\nS. 84 inserted by No. 15/2024 s. 10.\n\n","sortOrder":171},{"sectionNumber":"84","sectionType":"section","heading":"Effect on compensation under other Acts","content":"\t84 Effect on compensation under other Acts\n\nA payment made to an eligible person under this Part—\n\n(a) must not be taken into account when calculating any compensation to be paid to that person under another Act; and\n\n(b) does not affect the entitlement of that person to any compensation under another Act.\n\nS. 85 inserted by No. 15/2024 s. 10.\n\n","sortOrder":172},{"sectionNumber":"85","sectionType":"section","heading":"Administration agreements","content":"\t85 Administration agreements\n\nS. 85(1) amended by No. 38/2025 s. 48(1).\n\n(1) Subject to subsection (2), the Minister or VicGrid may enter into a written agreement with a person to enable that person to make payments under this Part on behalf of the Minister or VicGrid (as appropriate).\n\n(2) An agreement under subsection (1) must not enable or require the person—\n\n(a) to determine whether any other person is eligible to receive any payments under this Part; or\n\n(b) to determine the amount of any payment under this Part.\n\nS. 85(3) amended by No. 38/2025 s. 48(2).\n\n(3) Subject to subsection (2), an agreement under subsection (1) may include any provisions that the Minister or VicGrid considers necessary for the administration of payments under this Part in accordance with any prescribed requirements.\n\nS. 85(4) amended by No. 38/2025 s. 48(2).\n\n(4) Without limiting subsection (3), an agreement under subsection (1) may include provisions relating to the sharing of information between the Minister or VicGrid and the person that are necessary for the administration of payments under this Part.\n\nS. 85(5) amended by No. 38/2025 s. 48(2).\n\n(5) Except as expressly provided, this section does not limit the ability of the Minister or VicGrid to enter into an agreement with any person for the purposes of administering this Part.\n\nS. 85A inserted by No. 38/2025 s. 38.\n\n","sortOrder":173},{"sectionNumber":"85A","sectionType":"section","heading":"Consolidated Fund appropriated for payments to eligible persons and for VicGrid's costs under this Part","content":"\t85A Consolidated Fund appropriated for payments to eligible persons and for VicGrid's costs under this Part\n\n(1) The Consolidated Fund is appropriated to the extent necessary for every payment made to an eligible person under this Part.\n\n(2) In addition, the Consolidated Fund is appropriated to the extent necessary to pay VicGrid amounts to cover the costs that VicGrid incurs in performing functions and exercising powers under this Part.\n\nS. 86 inserted by No. 15/2024 s. 10.\n\n","sortOrder":174},{"sectionNumber":"86","sectionType":"section","heading":"Review of decisions","content":"\t86 Review of decisions\n\nS. 86(1) amended by No. 38/2025 s. 49.\n\n(1) A person whose interests are affected by a decision of the Minister or VicGrid under section 70, 71, 73, 75, 76 or 77 may apply to VCAT for a review of the decision.\n\n(2) An application for review must be made within 28 days after the later of—\n\n(a) the day on which the decision is made; or\n\n(b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 87 inserted by No. 15/2024 s. 10.\n\n","sortOrder":175},{"sectionNumber":"87","sectionType":"section","heading":"Delegation","content":"\t87 Delegation\n\nThe Minister, by instrument, may delegate to a person employed under Part 3 of the **Public Administration Act 2004** in the administration of this Part any function or power of the Minister under this Part, other than this power of delegation.\n\nPt 8 (Headings and ss 88–96) inserted by No. 38/2025 s. 50.\n\n","sortOrder":176},{"sectionNumber":"Part 8","sectionType":"part","heading":"The Funds","content":"Part 8—The Funds\n\nDivision 1—The VicGrid Fund\n\nS. 88 inserted by No. 38/2025 s. 50.\n\n","sortOrder":177},{"sectionNumber":"88","sectionType":"section","heading":"Establishment and structure of VicGrid Fund","content":"\t88 Establishment and structure of VicGrid Fund\n\n(1) VicGrid must establish and maintain a fund to be called the VicGrid Fund.\n\n(2) The VicGrid Fund is to be divided into—\n\n(a) the general account; and\n\n(b) the REZ scheme fee account.\n\nS. 89 inserted by No. 38/2025 s. 50.\n\n","sortOrder":178},{"sectionNumber":"89","sectionType":"section","heading":"General account of VicGrid","content":"\t89 General account of VicGrid\n\n(1) There must be paid into the general account any money VicGrid receives except money required to be paid into—\n\n(a) the REZ scheme fee account; or\n\n(b) the REZ Community Energy Fund; or\n\n(c) the Traditional Owners Fund.\n\n(2) Money in the general account may only be applied by VicGrid for the following purposes—\n\n(a) to cover the costs incurred by VicGrid in performing its functions or exercising its powers under this Act or another Act other than—\n\n(i) costs that are to be covered by payments out of the REZ scheme fee account; and\n\n(ii) costs of administering the REZ Community Energy Fund and Traditional Owners Fund;\n\n(b) to cover the costs incurred by VicGrid in performing its functions or exercising its powers under—\n\n(i) the National Electricity (Victoria) Law (as modified under this Act); or\n\n(ii) the National Electricity Rules (as modified under the regulations);\n\n(c) to cover the costs of administering the account;\n\n(d) if the money received by VicGrid and paid into the general account was to be used for a particular purpose—that purpose.\n\nS. 90 inserted by No. 38/2025 s. 50.\n\n","sortOrder":179},{"sectionNumber":"90","sectionType":"section","heading":"REZ scheme fee account of VicGrid","content":"\t90 REZ scheme fee account of VicGrid\n\n(1) There must be paid into the REZ scheme fee account—\n\n(a) all REZ scheme fees paid to VicGrid; and\n\n(b) all money that is received from the investment of money in the account.\n\n(2) There must be paid out of the REZ scheme fee account—\n\n(a) amounts to cover the costs incurred by VicGrid in performing a function or exercising a power under Division 2C of Part 5 or under regulations made for the purposes of that Division; or\n\n(b) amounts to cover the costs of reviews conducted under Part 9; or\n\n(c) if an entity other than VicGrid incurs costs in calculating REZ scheme fees, amounts to cover those costs; or\n\n(d) amounts to cover the costs of administering the account.\n\n(3) In addition, all money standing to the credit of the REZ scheme fee account at the end of a prescribed period must be paid out as follows—\n\n(a) 50% of the money standing to the credit of the account must be paid into the REZ Community Energy Fund;\n\n(b) 50% of the money standing to the credit of the account must be paid into the Traditional Owners Fund.\n\nDivision 2—The REZ Community Energy Fund\n\nS. 91 inserted by No. 38/2025 s. 50.\n\n","sortOrder":180},{"sectionNumber":"91","sectionType":"section","heading":"Establishment and purpose of REZ Community Energy Fund","content":"\t91 Establishment and purpose of REZ Community Energy Fund\n\n(1) VicGrid must establish and maintain a fund to be called the REZ Community Energy Fund.\n\n(2) The purposes of the REZ Community Energy Fund are—\n\n(a) to, through the payment of grants of money from the Fund, improve the reliability, efficiency or affordability of electricity supplied to the Victorian community; and\n\n(b) to support, through the payment of grants of money from the Fund, Victorian regional economic development projects that will—\n\n(i) assist in Victoria's transition to having an electricity system operating in Victoria in respect of which net zero greenhouse gas emissions are attributable to the electricity system's operation; or\n\n(ii) allow regional areas of Victoria to benefit from the transition referred to in subparagraph (i); and\n\n(c) to, through the payment of grants of money from the Fund, support biodiversity outcomes in Victoria, including support for the implementation of biodiversity programs, and the carrying out of biodiversity research, in Victoria.\n\n***electricity system*** means an interconnected transmission and distribution system used to convey and control the conveyance of electricity to which are connected—\n\n(a) generating systems and other facilities; and\n\n(b) loads.\n\nS. 92 inserted by No. 38/2025 s. 50.\n\n","sortOrder":181},{"sectionNumber":"92","sectionType":"section","heading":"Payments in and out of the REZ Community Energy Fund","content":"\t92 Payments in and out of the REZ Community Energy Fund\n\n(1) There must be paid into the REZ Community Energy Fund—\n\n(a) money that is appropriated by the Parliament for the purposes of the Fund; and\n\n(b) money paid to VicGrid for a purpose of the Fund; and\n\n(c) all money that is received from the investment of money in the Fund; and\n\n(d) an amount of money determined by the Treasurer, after consultation with the Minister; and\n\n(e) money directed or authorised to be paid into the Fund by or under this or any other Act.\n\n(2) Money in the REZ Community Energy Fund may only be paid out of the Fund as follows—\n\n(a) subject to subsection (3), for the purposes of the Fund;\n\n(b) for the purpose of covering the costs of administering the Fund.\n\n(3) Money paid out of the REZ Community Energy Fund, as a grant, for a purpose of the Fund must be in accordance with the REZ Community Energy Fund program guidelines.\n\nS. 93 inserted by No. 38/2025 s. 50.\n\n","sortOrder":182},{"sectionNumber":"93","sectionType":"section","heading":"REZ Community Energy Fund program guidelines","content":"\t93 REZ Community Energy Fund program guidelines\n\n(1) VicGrid must—\n\n(a) prepare guidelines called the REZ Community Energy Fund program guidelines; and\n\n(b) subject to this section, publish the REZ Community Energy Fund program guidelines on a website managed by VicGrid.\n\n(2) The REZ Community Energy Fund program guidelines must set out how VicGrid will administer the payment of money out of the REZ Community Energy Fund, as grants, for the purposes of the Fund, including—\n\n(a) the application procedure for the payment of grants; and\n\n(b) the eligibility criteria for the payment of grants.\n\n(3) VicGrid must not publish the REZ Community Energy Fund program guidelines unless they have been approved by the Minister.\n\nDivision 3—The Traditional Owners Fund\n\nS. 94 inserted by No. 38/2025 s. 50.\n\n","sortOrder":183},{"sectionNumber":"94","sectionType":"section","heading":"Establishment and purpose of Traditional Owners Fund","content":"\t94 Establishment and purpose of Traditional Owners Fund\n\n(1) VicGrid must establish and maintain a fund to be called the Traditional Owners Fund.\n\n(2) The purpose of the Traditional Owners Fund is to confer benefits, derived from the development and operation of system infrastructure (within the meaning of section 95(6)), on traditional owners impacted by that development and operation.\n\nS. 95 inserted by No. 38/2025 s. 50.\n\n","sortOrder":184},{"sectionNumber":"95","sectionType":"section","heading":"Payments in and out of the Traditional Owners Fund","content":"\t95 Payments in and out of the Traditional Owners Fund\n\n(1) There must be paid into the Traditional Owners Fund—\n\n(a) all money that is appropriated by the Parliament for the purposes of the Fund; and\n\n(b) money paid to VicGrid for the purpose of the Fund; and\n\n(c) all money that is received from the investment of money in the Fund; and\n\n(d) an amount of money determined by the Treasurer, after consultation with the Minister; and\n\n(e) money directed or authorised to be paid into the Fund by or under this or any other Act.\n\n(2) Money in the Traditional Owners Fund may be paid out of the Fund for the purpose of covering the costs of administering the Fund.\n\n(3) On an agreed date every year, all money standing to the credit of the Traditional Owners Fund, less any money paid out of the Fund under subsection (2), must be paid into the self-determination fund.\n\n(4) VicGrid may, on the agreed date or as soon as practicable after that date, notify, in writing, the administrator of the self-determination fund of the details of the system infrastructure in respect of which money or a specified portion of money was paid into the Traditional Owners Fund that is to be used to benefit traditional owners impacted by the system infrastructure.\n\n(5) For the purposes of subsection (4), the details of the system infrastructure are—\n\n(a) the kind of system infrastructure; and\n\n(b) the location of the system infrastructure.\n\n***administrator***, of the self-determination fund, means—\n\n(a) the Aboriginal Representative Body within the meaning of the **Advancing the Treaty Process with Aboriginal Victorians Act 2018**; or\n\n(b) if the Aboriginal Representative Body has appointed a company, wholly owned by the Aboriginal Representative Body, to hold the self-determination fund on trust under section 37(2) of the **Advancing the Treaty Process with Aboriginal Victorians Act 2018**, that company;\n\n***agreed date*** means the date agreed by the administrator of the self-determination fund and VicGrid;\n\nS. 95(6) def. of *self-determination fund* amended by No. 9/2026 s. 27.\n\n***self-determination fund*** means the self-determination fund referred to in section 35 of the **Advancing the Treaty Process with Aboriginal Victorians Act 2018**;\n\n***system infrastructure*** means—\n\n(a) infrastructure forming part of the declared transmission system; or\n\n(b) infrastructure that is planned to be constructed and to form part of the declared transmission system; or\n\n(c) generating systems or integrated resource systems connected to the declared transmission system; or\n\n(d) generating systems or integrated resource systems planned to be constructed and connected to the declared transmission system.\n\nDivision 4—Miscellaneous\n\nS. 96 inserted by No. 38/2025 s. 50.\n\n","sortOrder":185},{"sectionNumber":"96","sectionType":"section","heading":"VicGrid may invest funds","content":"\t96 VicGrid may invest funds\n\nVicGrid may invest any part of the REZ Community Energy Fund or Traditional Owners Fund not immediately required to be paid out of either Fund.\n\nPt 9 (Heading and ss 97–102) inserted by No. 38/2025 s. 50.\n\n","sortOrder":186},{"sectionNumber":"Part 9","sectionType":"part","heading":"Review of community benefits framework","content":"Part 9—Review of community benefits framework\n\nS. 97 inserted by No. 38/2025 s. 50.\n\n","sortOrder":187},{"sectionNumber":"97","sectionType":"section","heading":"Definitions","content":"\t97 Definitions\n\n***benefits*** includes payments;\n\n***community benefits framework*** means—\n\n(a) Part 7; and\n\n(b) the REZ Community Energy Fund; and\n\n(c) the Traditional Owners Fund; and\n\n(d) any guidelines prepared and published by VicGrid applying to the  benefits conferred on or provided to communities and traditional owners impacted by the development and operation of system infrastructure;\n\n***statement of expectations***—see section 98;\n\n***submission period*** means the period specified in a notice published under section 102;\n\n***system infrastructure*** has the meaning given by section 95(6).\n\nS. 98 inserted by No. 38/2025 s. 50.\n\n","sortOrder":188},{"sectionNumber":"98","sectionType":"section","heading":"Statements of expectations in relation to reviews under this Part","content":"\t98 Statements of expectations in relation to reviews under this Part\n\n(1) The Minister may give VicGrid a statement of expectations in relation to the conduct of a review under section 100 or 101.\n\n(2) Without limiting subsection (1), a statement of expectations may require a review to focus on a specified part or aspect of the community benefits framework.\n\nS. 99 inserted by No. 38/2025 s. 50.\n\n","sortOrder":189},{"sectionNumber":"99","sectionType":"section","heading":"Minister may direct VicGrid to cause an independent review to be conducted","content":"\t99 Minister may direct VicGrid to cause an independent review to be conducted\n\n(1) The Minister may, in writing, direct VicGrid to cause a review to be conducted under section 101(2).\n\n(2) A direction under subsection (1) must specify the date by which the review must be completed.\n\nS. 100 inserted by No. 38/2025 s. 50.\n\n","sortOrder":190},{"sectionNumber":"100","sectionType":"section","heading":"Initial review by VicGrid to conduct review of community benefits framework","content":"\t100 Initial review by VicGrid to conduct review of community benefits framework\n\n(1) VicGrid must conduct and complete a review of the operation of the community benefits framework before the second anniversary of the commencement of this Part.\n\n(2) VicGrid must conduct the review consistently with any applicable statement of expectations.\n\n(3) VicGrid must give the Minister a written report of the review within 30 business days after the review is completed. The report must set out the findings of the review and any recommendations of the review.\n\nS. 101 inserted by No. 38/2025 s. 50.\n\n","sortOrder":191},{"sectionNumber":"101","sectionType":"section","heading":"Independent reviews commissioned by VicGrid","content":"\t101 Independent reviews commissioned by VicGrid\n\n(1) Subject to this section and section 102, VicGrid must cause an independent review of the operation of the community benefits framework to be conducted and completed before the applicable day.\n\n(2) In addition, subject to this section and section 102, VicGrid must cause an independent review of the operation of the community benefits framework to be conducted and completed if directed to do so by Minister.\n\nSee also section 99.\n\n(3) For the purposes of subsection (1), the applicable day is—\n\n(a) the fourth anniversary of the day on which the review under section 100 was completed; and\n\n(b) the fourth anniversary of the day on which every review under subsection (1) is completed.\n\n(4) VicGrid must ensure that a review under subsection (1) or (2) is conducted consistently with any applicable statement of expectations.\n\n(5) The entity that conducts a review under subsection (1) or (2) must consider, as part of the review, any written submissions received under a notice under section 103 within the submission period in respect of the review.\n\n(6) The entity that conducts a review under subsection (1) or (2) must give a written report of the review to VicGrid within 30 business days after the review is completed. The report must set out the findings of the review and any recommendations of the review.\n\n(7) VicGrid must give the report to the Minister and Treasurer as soon as practicable after VicGrid receives the report.\n\n(8) VicGrid must publish a report given to it under subsection (6) on a website managed by it within 3 months after it gives the report to the Minister and Treasurer.\n\nS. 102 inserted by No. 38/2025 s. 50.\n\n","sortOrder":192},{"sectionNumber":"102","sectionType":"section","heading":"Public notification of independent review commissioned by VicGrid","content":"\t102 Public notification of independent review commissioned by VicGrid\n\n(1) VicGrid must publish notice of a review under section 102 on a website managed by it.\n\n(2) Before VicGrid publishes notice of a review, VicGrid must consult the entity conducting the review as to the date on which VicGrid must publish the notice.\n\n(3) A notice published under subsection (1) must—\n\n(a) set out the purpose of the review; and\n\n(b) invite written submissions from the public; and\n\n(c) specify the period within which the public may make written submissions, which must not be less than 30 days.\n\nPt 10 (Headings and ss 103–119) inserted by No. 38/2025 s. 57.\n\n","sortOrder":193},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional and other provisions—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025","content":"Part 10—Transitional and other provisions—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025\n\nS. 103 inserted by No. 38/2025 s. 57.\n\n","sortOrder":194},{"sectionNumber":"103","sectionType":"section","heading":"Application of Interpretation of Legislation Act 1984","content":"\t103 Application of Interpretation of Legislation Act 1984\n\nExcept where the contrary intention appears, this Part does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\nDivision 2—CEO VicGrid\n\nS. 104 inserted by No. 38/2025 s. 57.\n\n","sortOrder":195},{"sectionNumber":"104","sectionType":"section","heading":"Definitions","content":"\t104 Definitions\n\n***Administrative Office*** has the same meaning as in the **Public Administration Act 2004**;\n\n***Administrative Office Head*** has the same meaning as in the **Public Administration Act 2004**;\n\n***CEO VicGrid*** means the person employed as the CEO VicGrid under section 52 (as in force immediately before the commencement day);\n\n***commencement day*** means the day on which Division 2 of Part 2 of the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** comes into operation;\n\n***VicGrid (AO)*** means the Administrative Office established by Order in Council under section 11 of the **Public Administration Act 2004** and published in the Government Gazette on 15 February 2024.\n\nS. 105 inserted by No. 38/2025 s. 57.\n\n","sortOrder":196},{"sectionNumber":"105","sectionType":"section","heading":"Administrative Office Head of VicGrid (AO) to be CEO of VicGrid","content":"\t105 Administrative Office Head of VicGrid (AO) to be CEO of VicGrid\n\n(1) The person who, immediately before the commencement day, was the Administrative Office Head of VicGrid (AO)  is taken—\n\n(a) on the commencement day, to cease to be employed as that Administrative Office Head; and\n\n(b) on and after the commencement day, to hold office as the chief executive officer of VicGrid subject to the terms and conditions of appointment determined by the Board of VicGrid.\n\n(2) The terms and conditions determined by the Board of VicGrid for the purposes of subsection (1) must be no less favourable overall than the terms and conditions of employment of that person as the Administrative Office Head of VicGrid (AO)  immediately before the commencement day.\n\nS. 106 inserted by No. 38/2025 s. 57.\n\n","sortOrder":197},{"sectionNumber":"106","sectionType":"section","heading":"Proceedings to which the CEO VicGrid was party","content":"\t106 Proceedings to which the CEO VicGrid was party\n\nIf, immediately before the commencement day, proceedings to which the CEO VicGrid was a party were pending or existing in any court or tribunal (including proceedings in which the CEO VicGrid is acting for and behalf of the Crown), then, on and after the commencement day, VicGrid is substituted for the CEO VicGrid as a party to the proceedings and has the same rights in the proceedings as the CEO VicGrid had.\n\nS. 107 inserted by No. 38/2025 s. 57.\n\n","sortOrder":198},{"sectionNumber":"107","sectionType":"section","heading":"Superseded references to CEO VicGrid","content":"\t107 Superseded references to CEO VicGrid\n\nA reference to the CEO VicGrid in any Act or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the VicGrid—\n\n(b) if not inconsistent with the subject matter.\n\nDivision 3—AEMO\n\nS. 108 inserted by No. 38/2025 s. 57.\n\n","sortOrder":199},{"sectionNumber":"108","sectionType":"section","heading":"Definitions","content":"\t108 Definitions\n\n***commencement day*** means the day on which Division 1 of Part 2 of the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** comes into operation;\n\n***Victorian network functions***, of AEMO, means—\n\n(a) AEMO's declared network functions; and\n\n(b) AEMO's functions under an Order under section 16Y.\n\nS. 109 inserted by No. 38/2025 s. 57.\n\n","sortOrder":200},{"sectionNumber":"109","sectionType":"section","heading":"Things done by AEMO","content":"\t109 Things done by AEMO\n\nAnything done by AEMO in the performance of a Victorian network function before the commencement day is taken, on that day, to have been done by VicGrid.\n\nS. 110 inserted by No. 38/2025 s. 57.\n\n","sortOrder":201},{"sectionNumber":"110","sectionType":"section","heading":"Things commenced but not completed by AEMO","content":"\t110 Things commenced but not completed by AEMO\n\n(1) This section applies if, before the commencement day, AEMO in the performance of a Victorian network function has commenced a matter or thing and has not completed that matter or thing before that day.\n\n(2) On and after the commencement day, VicGrid must, if required to do so under an Act or the Law or the Rules, continue and complete that matter or thing and, for the purposes of that Act, the Law or the Rules, anything done by AEMO before that day is taken to have been done by VicGrid.\n\nS. 111 inserted by No. 38/2025 s. 57.\n\n","sortOrder":202},{"sectionNumber":"111","sectionType":"section","heading":"Superseded references to AEMO that relate to AEMO's Victorian network functions","content":"\t111 Superseded references to AEMO that relate to AEMO's Victorian network functions\n\nA reference to AEMO in any Act or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to VicGrid—\n\n(b) to the extent that the reference relates to a Victorian network function conferred on AEMO; and\n\n(c) if not inconsistent with the subject matter or any modifications under this Act or regulations.\n\nDivision 4—Other provisions\n\nS. 112 inserted by No. 38/2025 s. 57.\n\n","sortOrder":203},{"sectionNumber":"112","sectionType":"section","heading":"Consultation requirements for renewable energy zone Orders not to apply for specified Order","content":"\t112 Consultation requirements for renewable energy zone Orders not to apply for specified Order\n\n(1) This section applies if the Minister has—\n\n(a) completed consultation under section 64(1) in respect of a renewable energy zone Order before the commencement day; but\n\n(b) the Minister has not made the renewable energy zone Order before that day.\n\n(2) On or after the commencement day, the Minister is not required to comply with section 64(2)(a) when making the renewable energy zone Order.\n\nS. 113 inserted by No. 38/2025 s. 57.\n\n","sortOrder":204},{"sectionNumber":"113","sectionType":"section","heading":"Consultation requirements for REZ scheme declaration not to apply for certain REZ scheme declaration","content":"\t113 Consultation requirements for REZ scheme declaration not to apply for certain REZ scheme declaration\n\n(1) This section applies if on or after the commencement day—\n\n(a) the Minister makes the renewable energy zone Order to which section 112 applies; and\n\n(b) the Minister proposes to make REZ scheme declaration for or with respect to the renewable energy zone the boundaries of which are set out in the renewable energy zone Order to which section 112 applies.\n\n(2) On or after the commencement day, the Minister is not required to comply with section 33J when making the REZ scheme declaration.\n\nS. 114 inserted by No. 38/2025 s. 57.\n\n","sortOrder":205},{"sectionNumber":"114","sectionType":"section","heading":"Consultation on initial grid impact assessment guidelines","content":"\t114 Consultation on initial grid impact assessment guidelines\n\n(1) This section applies if VicGrid conducts consultation for guidelines before the commencement day that would, if section 33G were in force when that consultation was conducted, meet the requirements for consultation for guidelines under that section.\n\n(2) On the commencement day—\n\n(a) the guidelines in respect of which the consultation was conducted are taken to be guidelines for the purposes of section 33G; and\n\n(b) the consultation is taken to be consultation conducted for the purposes of section 33G.\n\nS. 115 inserted by No. 38/2025 s. 57.\n\n","sortOrder":206},{"sectionNumber":"115","sectionType":"section","heading":"Victorian transmission plan and guidelines","content":"\t115 Victorian transmission plan and guidelines\n\n(1) Victorian transmission plan guidelines that are in effect immediately before the commencement day have effect, on and after that day, as if those guidelines were prepared, published or amended by VicGrid instead of by the CEO VicGrid.\n\n(2) The Victorian transmission plan that is in effect immediately before the commencement day has effect, on and after that day, as if it were prepared, published or updated by VicGrid instead of by the CEO VicGrid.\n\nS. 116 inserted by No. 38/2025 s. 57.\n\n","sortOrder":207},{"sectionNumber":"116","sectionType":"section","heading":"Pending determinations of eligibility—CEO VicGrid—landholder payment","content":"\t116 Pending determinations of eligibility—CEO VicGrid—landholder payment\n\n(1) This section applies if an eligible person has made an application under section 70 before the commencement day and the CEO VicGrid has not made determination under that section in respect of that application before that day.\n\n(2) On and after the commencement day, VicGrid is to continue to determine the application in accordance with section 70.\n\n(3) To avoid doubt, section 70(5)(a) continues to apply to the application as if the application had been made to VicGrid.\n\n***eligible person*** has the meaning given by section 69.\n\nS. 117 inserted by No. 38/2025 s. 57.\n\n","sortOrder":208},{"sectionNumber":"117","sectionType":"section","heading":"AEMO's revenue methodology to be VicGrid's revenue methodology","content":"\t117 AEMO's revenue methodology to be VicGrid's revenue methodology\n\n(1) This section applies if AEMO has published a revenue methodology under clause S6A.4.2(c)(8) of the Rules which is in effect immediately before the commencement day.\n\n(2) On the commencement day, the revenue methodology is taken to have been published by VicGrid and is taken to be the revenue methodology that VicGrid must have for the purposes of clause S6A.4.2(c)(2) of the Rules.\n\n(3) In addition—\n\n(a) on and after the commencement day, AEMO must pay to VicGrid any VicGrid fees and charges that AEMO has, before the commencement day, collected in accordance with the revenue methodology and section 67 (as in force from time to time before that day); and\n\n(b) any VicGrid fees and charges that AEMO has not, before the commencement day, collected in accordance with the revenue methodology and section 67 (as in force from time to time before that day) and may be collected by VicGrid on and after that day.\n\n***VicGrid fees and charges*** means VicGrid fees and charges as defined under section 51 immediately before the commencement day.\n\nS. 118 inserted by No. 38/2025 s. 57.\n\n","sortOrder":209},{"sectionNumber":"118","sectionType":"section","heading":"AEMO's current pricing methodology to be VicGrid's pricing methodology","content":"\t118 AEMO's current pricing methodology to be VicGrid's pricing methodology\n\n(1) On and after the commencement day, the approved amended AEMO pricing methodology is to be taken to—\n\n(a) apply to prices to be charged by VicGrid for prescribed common transmission services and prescribed TUOS services provided by VicGrid by means of, or in connection with, the declared shared network on and after the commencement day; and\n\n(b) is to be regarded as the VicGrid pricing methodology.\n\n(2) On and after the commencement day, every reference to AEMO in the approved amended AEMO pricing methodology is to be taken to be a reference to VicGrid unless the context otherwise requires.\n\n***approved amended AEMO pricing methodology*** means the pricing methodology—\n\n(a) for the prices to be charged by AEMO for prescribed common transmission services and prescribed TUOS services provided by it from 1 July 2022; and\n\n(b) that was approved by the AER on 31 January 2023 for the purposes of the current AEMO transmission determination;\n\n***current AEMO transmission determination*** means the transmission determination made by the AER on 29 April 2022 regulating, for the period commencing on 1 July 2022 and ending on 30 June 2027—\n\n(a) the revenues specified in the determination to be earned by AEMO in that period; and\n\n(b) the prices to be charged for prescribed common transmission services and AEMO in that period;\n\n***prescribed common transmission services*** has the meaning given by Chapter 10 of the National Electricity Rules;\n\n***prescribed TUOS services*** has the meaning given by Chapter 10 of the National Electricity Rules.\n\nDivision 5—Miscellaneous\n\nS. 119 inserted by No. 38/2025 s. 57.\n\n","sortOrder":210},{"sectionNumber":"119","sectionType":"section","heading":"Regulations dealing with transitional matters","content":"\t119 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025**, including any repeals, modifications and amendments made by or as a result of the enactment of that Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or after a date not earlier than the day on which the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** receives the Royal Assent;\n\n(b) be of limited or general application;\n\n(c) differ according to time, place or circumstances;\n\n(d) leave any matter or thing to be decided by a specified person or class of person.\n\n(3) Regulations under this section have effect despite anything to the contrary in—\n\n(a) this Act or any other Act (other than the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** or the **Charter of Human Rights and Responsibilities Act 2006**);\n\n(b) any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of the day on which it comes into operation.\n\nPt 11 (Headings and ss 120–150) inserted by No. 38/2025 s. 57.\n\n","sortOrder":211},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transfer of property, rights and liabilities—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025","content":"Part 11—Transfer of property, rights and liabilities—National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025\n\nS. 120 inserted by No. 38/2025 s. 57.\n\n","sortOrder":212},{"sectionNumber":"120","sectionType":"section","heading":"Definitions","content":"\t120 Definitions\n\n***Administrative Office*** has the same meaning as in the **Public Administration Act 2004**;\n\n***instrument*** includes a document and an oral agreement;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\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\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\n\n***VicGrid (AO)*** means the Administrative Office established by Order in Council under section 11 of the **Public Administration Act 2004** and published in the Government Gazette on 15 February 2024.\n\nDivision 2—VicGrid (AO)\n\nS. 121 inserted by No. 38/2025 s. 57.\n\n","sortOrder":213},{"sectionNumber":"121","sectionType":"section","heading":"Definitions","content":"\t121 Definitions\n\n***allocation statement*** means an allocation statement made under section 123;\n\n***commencement day*** means the day on which Division 2 of Part 2 of the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** comes into operation;\n\n***Crown instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—\n\n(a) to which the Crown was a party; or\n\n(b) that was given to or in favour of the Crown; or\n\n(c) that refers to the Crown; or\n\n(d) under which—\n\n(i) money is, or may become, payable to or by the Crown; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by the Crown;\n\n***Department Head*** means the public service body Head (within the meaning of the **Public Administration Act 2004**) of the Department;\n\n***former Crown property*** means property, rights or liabilities of the Crown that, under this Division, have vested in or become liabilities of VicGrid;\n\n***relevant date*** means a date fixed by the Minister under section 122 as the relevant date for an allocation statement.\n\nS. 122 inserted by No. 38/2025 s. 57.\n\n","sortOrder":214},{"sectionNumber":"122","sectionType":"section","heading":"Minister may fix relevant date","content":"\t122 Minister may fix relevant date\n\nThe Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 123.\n\nS. 123 inserted by No. 38/2025 s. 57.\n\n","sortOrder":215},{"sectionNumber":"123","sectionType":"section","heading":"Department Head to prepare allocation statement or statements","content":"\t123 Department Head to prepare allocation statement or statements\n\n(1) The Department Head must give the Minister, within the period approved by the Minister, a statement or statements relating only to the property, rights and liabilities of the Crown that relate to the activities of the VicGrid (AO) as at the relevant date.\n\n(2) A statement under this section—\n\n(a) must allocate to VicGrid only the property, rights and liabilities of the Crown that relate to the activities of VicGrid (AO); and\n\n(b) must be signed by the Department Head.\n\n(3) If a statement under this section is approved by the Minister—\n\n(b) the statement is an allocation statement for the purposes of this Division.\n\n(4) The Minister may at any time direct the Department Head to amend a statement given to the Minister under this section as specified in the direction.\n\n(5) An allocation statement under this section may be amended by writing signed by the Minister.\n\n(6) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 124 inserted by No. 38/2025 s. 57.\n\n","sortOrder":216},{"sectionNumber":"124","sectionType":"section","heading":"Certificate of Department Head","content":"\t124 Certificate of Department Head\n\n(1) A certificate signed by the Department Head certifying that property, rights and liabilities of the Crown that relate to the activities of VicGrid (AO) specified in the certificate have been allocated under an allocation statement to VicGrid is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so allocated; and\n\n(b) that the property, rights or liabilities have vested in, or have become, the property, rights or liabilities of, VicGrid on the relevant date.\n\n(2) If the Minister so directs the Department Head in writing, the Department Head must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.\n\n(3) The Department Head—\n\n(a) must keep a register of certificates issued under this section; and\n\n(b) must make the register reasonably available for inspection by interested persons.\n\nS. 125 inserted by No. 38/2025 s. 57.\n\n","sortOrder":217},{"sectionNumber":"125","sectionType":"section","heading":"Property, rights and liabilities allocated in accordance with statement","content":"\t125 Property, rights and liabilities allocated in accordance with statement\n\nOn the relevant date—\n\n(a) all property and rights of the Crown, wherever located, that are allocated under an allocation statement, vest in VicGrid in accordance with the statement; and\n\n(b) all liabilities of the Crown, wherever located, that are allocated under an allocation statement, become liabilities of VicGrid in accordance with the statement.\n\nS. 126 inserted by No. 38/2025 s. 57.\n\n","sortOrder":218},{"sectionNumber":"126","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t126 Allocation of property etc. subject to encumbrances\n\nUnless an allocation statement otherwise provides, if, under this Division, property and rights vest in VicGrid or liabilities become liabilities of VicGrid—\n\n(a) 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(b) the rights to which the Crown was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Crown vest in VicGrid.\n\nS. 127 inserted by No. 38/2025 s. 57.\n\n","sortOrder":219},{"sectionNumber":"127","sectionType":"section","heading":"Substitution of party to agreement","content":"\t127 Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of the Crown under an agreement are allocated to VicGrid—\n\n(a) VicGrid becomes, on the relevant date, a party to the agreement in place of the Crown; and\n\n(b) on and after the relevant date, the agreement has effect as if VicGrid had always been a party to the agreement.\n\nS. 128 inserted by No. 38/2025 s. 57.\n\n","sortOrder":220},{"sectionNumber":"128","sectionType":"section","heading":"Former Crown instruments","content":"\t128 Former Crown instruments\n\nEach Crown instrument relating to former Crown property allocated to VicGrid under an allocation statement continues to have effect according to its terms on and after the relevant date as if a reference in the instrument to the Crown were a reference to VicGrid.\n\nS. 129 inserted by No. 38/2025 s. 57.\n\n","sortOrder":221},{"sectionNumber":"129","sectionType":"section","heading":"Proceedings relating to former Crown property","content":"\t129 Proceedings relating to former Crown property\n\nIf, immediately before the relevant date for an allocation statement, proceedings relating to former Crown property (including arbitration proceedings) allocated to VicGrid under the allocation statement, to which the Crown was a party were pending or existing in any court or tribunal, or being conducted by an arbitrator or arbitration panel, then, on and after that relevant date, VicGrid is substituted for the Crown as a party to the proceedings and has the same rights in the proceedings as the Crown had.\n\nS. 130 inserted by No. 38/2025 s. 57.\n\n","sortOrder":222},{"sectionNumber":"130","sectionType":"section","heading":"Proceedings to which VicGrid (AO) was a party","content":"\t130 Proceedings to which VicGrid (AO) was a party\n\nIf, immediately before the commencement day, proceedings to which VicGrid (AO) was a party were pending or existing in any court or tribunal, then, on and after the commencement day, VicGrid is substituted for VicGrid (AO) as a party to the proceedings and has the same rights in the proceedings as VicGrid (AO) had.\n\nS. 131 inserted by No. 38/2025 s. 57.\n\n","sortOrder":223},{"sectionNumber":"131","sectionType":"section","heading":"Taxes","content":"\t131 Taxes\n\nNo duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, 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 the Crown.\n\nS. 132 inserted by No. 38/2025 s. 57.\n\n","sortOrder":224},{"sectionNumber":"132","sectionType":"section","heading":"Evidence","content":"\t132 Evidence\n\n(1) Documentary or other evidence that would have been admissible for or against the interests of the Crown in relation to former Crown property if this Division had not been enacted, is admissible for or against the interests of VicGrid, if the former Crown property is allocated to VicGrid under an allocation statement.\n\n(2) The **Evidence Act 2008** applies with respect to the books of account of the Department relating to VicGrid (AO) and to entries made in those books of account before the relevant date, whether or not they relate to former Crown property, as if those books of account and entries were business records of VicGrid.\n\nS. 133 inserted by No. 38/2025 s. 57.\n\n","sortOrder":225},{"sectionNumber":"133","sectionType":"section","heading":"Superseded references to VicGrid (AO)","content":"\t133 Superseded references to VicGrid (AO)\n\nA reference to VicGrid (AO) in any Act or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to VicGrid—\n\n(b) if not inconsistent with the subject matter.\n\nDivision 3—AEMO\n\nS. 134 inserted by No. 38/2025 s. 57.\n\n","sortOrder":226},{"sectionNumber":"134","sectionType":"section","heading":"Definitions","content":"\t134 Definitions\n\n***AEMO instrument*** means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—\n\n(a) to which AEMO was a party; or\n\n(b) that was given to or in favour of AEMO; or\n\n(c) that refers to AEMO; or\n\n(d) under which—\n\n(i) money is, or may become, payable to or by AEMO; or\n\n(ii) other property is to be, or may become liable to be, transferred to or by AEMO;\n\n***allocation statement*** means an allocation statement made under section 137;\n\n***commencement day*** means the day on which Division 1 of Part 2 of the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** comes into operation;\n\n***dispute resolution panel*** has the meaning given by Chapter 10 of the Rules;\n\n***former AEMO property*** means property, rights or liabilities of AEMO that, under this Division, have vested in or become liabilities of VicGrid;\n\n***relevant date*** means a date fixed by the Minister under section 136 as the relevant date for an allocation statement;\n\n***Victorian network functions***, of AEMO, means—\n\n(a) AEMO's declared network functions; and\n\n(b) AEMO's functions under an Order under section 16Y.\n\nS. 135 inserted by No. 38/2025 s. 57.\n\n","sortOrder":227},{"sectionNumber":"135","sectionType":"section","heading":"Application","content":"\t135 Application\n\nThis Division applies despite clause 8.4 of AEMO's constitution.\n\nS. 136 inserted by No. 38/2025 s. 57.\n\n","sortOrder":228},{"sectionNumber":"136","sectionType":"section","heading":"Minister may fix relevant date","content":"\t136 Minister may fix relevant date\n\nThe Minister, by notice published in the Government Gazette, may fix the relevant date for the purposes of an allocation statement under section 137.\n\nS. 137 inserted by No. 38/2025 s. 57.\n\n","sortOrder":229},{"sectionNumber":"137","sectionType":"section","heading":"AEMO chief executive officer to prepare allocation statement or statements","content":"\t137 AEMO chief executive officer to prepare allocation statement or statements\n\n(1) The chief executive officer of AEMO must give the Minister, within the period approved by the Minister, a statement or statements relating to the property, rights and liabilities of AEMO that relate to AEMO's Victorian network functions as at the relevant date.\n\n(2) A statement under this section—\n\n(a) must allocate to VicGrid all property, rights and liabilities of AEMO that relate solely to AEMO's Victorian network functions; and\n\n(b) may allocate other property, rights and liabilities of AEMO but only to the extent that that property and those rights and liabilities relate to AEMO's Victorian network functions.\n\n(3) A statement under this section must be signed by the chief executive officer of AEMO.\n\n(4) If a statement under this section is approved by the Minister—\n\n(b) the statement is an allocation statement for the purposes of this Division.\n\n(5) The Minister may at any time direct the chief executive officer of AEMO to amend a statement given to the Minister 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 Minister.\n\n(7) An amendment under this section to an allocation statement made after the relevant date in relation to that statement may be made with effect from that relevant date if the Minister is satisfied that the amendment does not adversely affect any property, rights or liabilities of AEMO in relation to that statement.\n\n(8) In this section, ***statement*** and ***allocation statement*** include a statement or allocation statement amended in accordance with this section.\n\nS. 138 inserted by No. 38/2025 s. 57.\n\n","sortOrder":230},{"sectionNumber":"138","sectionType":"section","heading":"Certificate of AEMO chief executive officer","content":"\t138 Certificate of AEMO chief executive officer\n\n(1) A certificate signed by the chief executive officer of AEMO certifying that property, rights and liabilities of AEMO that relate to AEMO's Victorian network functions specified in the certificate have been allocated under an allocation statement to VicGrid is, unless revoked under subsection (2), conclusive evidence—\n\n(a) that the property, rights or liabilities have been so allocated; and\n\n(b) that the property, rights or liabilities have vested in, or have become, the property, rights or liabilities of, VicGrid on the relevant date.\n\n(2) If the Minister so directs the chief executive officer of AEMO 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 of AEMO—\n\n(a) must keep a register of certificates issued under this section; and\n\n(b) must make the register reasonably available for inspection by interested persons.\n\nS. 139 inserted by No. 38/2025 s. 57.\n\n","sortOrder":231},{"sectionNumber":"139","sectionType":"section","heading":"Property, rights and liabilities allocated in accordance with statement","content":"\t139 Property, rights and liabilities allocated in accordance with statement\n\nOn the relevant date—\n\n(a) all property and rights of AEMO, wherever located, that are allocated under an allocation statement, vest in VicGrid in accordance with the statement; and\n\n(b) all liabilities of AEMO, wherever located, that are allocated under an allocation statement, become liabilities of VicGrid in accordance with the statement.\n\nS. 140 inserted by No. 38/2025 s. 57.\n\n","sortOrder":232},{"sectionNumber":"140","sectionType":"section","heading":"Allocation of property etc. subject to encumbrances","content":"\t140 Allocation of property etc. subject to encumbrances\n\nUnless an allocation statement otherwise provides, if, under this Division, property and rights vest in VicGrid or liabilities become liabilities of VicGrid—\n\n(a) 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(b) the rights to which AEMO was entitled in respect of those liabilities immediately before they ceased to be liabilities of AEMO vest in VicGrid.\n\nS. 141 inserted by No. 38/2025 s. 57.\n\n","sortOrder":233},{"sectionNumber":"141","sectionType":"section","heading":"Substitution of party to agreement","content":"\t141 Substitution of party to agreement\n\nIf, under an allocation statement, the rights and liabilities of AEMO under an agreement are allocated to VicGrid—\n\n(a) VicGrid becomes, on the relevant date, a party to the agreement in place of AEMO; and\n\n(b) on and after the relevant date, the agreement has effect as if VicGrid had always been a party to the agreement.\n\nS. 142 inserted by No. 38/2025 s. 57.\n\n","sortOrder":234},{"sectionNumber":"142","sectionType":"section","heading":"Former AEMO instruments","content":"\t142 Former AEMO instruments\n\nEach AEMO instrument relating to former AEMO property allocated to VicGrid under an allocation statement continues to have effect according to its terms on and after the relevant date as if a reference in the instrument to AEMO were a reference to VicGrid.\n\nS. 143 inserted by No. 38/2025 s. 57.\n\n","sortOrder":235},{"sectionNumber":"143","sectionType":"section","heading":"Proceedings to which AEMO was a party","content":"\t143 Proceedings to which AEMO was a party\n\nIf, immediately before the commencement day, proceedings to which AEMO was a party and relating to the performance of a Victorian network function were pending or existing in any court or tribunal or being conducted by a dispute resolution panel, then, on and after the commencement day, VicGrid is substituted for AEMO as a party to the proceedings and has the same rights in the proceedings as AEMO had.\n\nS. 144 inserted by No. 38/2025 s. 57.\n\n","sortOrder":236},{"sectionNumber":"144","sectionType":"section","heading":"Specific proceedings—former AEMO property","content":"\t144 Specific proceedings—former AEMO property\n\nWithout limiting section 143, if, immediately before the relevant date for an allocation statement, proceedings relating to former AEMO property (including arbitration proceedings) allocated to VicGrid under the allocation statement, to which AEMO was a party were pending or existing in any court or tribunal, or being conducted by an arbitrator, arbitration panel or dispute resolution panel, then, on and after that relevant date, VicGrid is substituted for AEMO as a party to the proceedings and has the same rights in the proceedings as AEMO had.\n\nS. 145 inserted by No. 38/2025 s. 57.\n\n","sortOrder":237},{"sectionNumber":"145","sectionType":"section","heading":"VicGrid liable to pay AEMO criminal fines","content":"\t145 VicGrid liable to pay AEMO criminal fines\n\n(a) AEMO is convicted (whether before, on or after the commencement day) of an offence it has committed performing a Victorian network function before the commencement day; and\n\n(b) a fine is payable in respect of the offence.\n\n(2) The chief executive officer of AEMO may prepare a statement allocating liability to pay the fine to VicGrid.\n\n(3) If the statement is approved by the Minister—\n\n(b) the statement allocates liability to pay the fine to VicGrid; and\n\n(c) VicGrid is liable to pay the fine as if it had committed and been convicted of the offence.\n\nS. 146 inserted by No. 38/2025 s. 57.\n\n","sortOrder":238},{"sectionNumber":"146","sectionType":"section","heading":"VicGrid liable to pay AEMO civil penalty amounts","content":"\t146 VicGrid liable to pay AEMO civil penalty amounts\n\n(a) AEMO is declared by a court (whether before, on or after the commencement day) to have, in performing a Victorian network function, breached or contravened a civil penalty provision before the commencement day; and\n\n(b) a civil penalty is payable in respect of the breach or contravention.\n\n(2) The chief executive officer of AEMO may prepare a statement allocating liability to pay the civil penalty to VicGrid.\n\n(3) If the statement is approved by the Minister—\n\n(b) the statement allocates liability to pay the civil penalty to VicGrid; and\n\n(c) VicGrid is liable to pay the civil penalty as if it had breached or contravened the civil penalty provision.\n\n***civil penalty provision*** means—\n\n(a) a provision of an Act, regulation or instrument, or condition of an instrument, defined, specified or prescribed as a civil penalty provision or civil penalty requirement under an Act or regulations made under an Act; or\n\n(b) a civil penalty provision within the meaning of the National Electricity (Victoria) Law.\n\nS. 147 inserted by No. 38/2025 s. 57.\n\n","sortOrder":239},{"sectionNumber":"147","sectionType":"section","heading":"Taxes","content":"\t147 Taxes\n\nNo duty or other tax is chargeable under any Act in respect of anything done under this Division or in respect of any act or transaction connected with or necessary to be done by reason of this Division, 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 AEMO.\n\nS. 148 inserted by No. 38/2025 s. 57.\n\n","sortOrder":240},{"sectionNumber":"148","sectionType":"section","heading":"Evidence","content":"\t148 Evidence\n\nDocumentary or other evidence that would have been admissible for or against the interests of AEMO in relation to former AEMO property if this Division had not been enacted, is admissible for or against the interests of VicGrid, if the former AEMO property is allocated to VicGrid under an allocation statement.\n\nDivision 4—Miscellaneous\n\nS. 149 inserted by No. 38/2025 s. 57.\n\n","sortOrder":241},{"sectionNumber":"149","sectionType":"section","heading":"Corporations Act displacement","content":"\t149 Corporations Act displacement\n\nDivisions 1 and 3 are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation.\n\nSection 5G of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n\nS. 150 inserted by No. 38/2025 s. 57.\n\n","sortOrder":242},{"sectionNumber":"150","sectionType":"section","heading":"Validity of things done under this Part","content":"\t150 Validity of things done under this Part\n\nNothing effected by, or done or suffered under, this Part—\n\n(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or\n\n(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) 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(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or\n\n(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or\n\n(f) is to be regarded as frustrating any contract; or\n\n(g) releases any surety or other obligor wholly or in part from any obligation.\n\nSch. 1 inserted by No. 51/2012 s. 11.\n\nSchedule 1––Specified building block amounts applying to applicable Victorian distribution determinations\n\nSections 16M and 16N\n\nPart A\n\nCitipower distribution determination 2011-15\n\n**Building block amounts resulting from ESCV ECM carryover for CitiPower ($ million, 2010)**\n\n| 4.38 | –8.01 | –5.74 | –4.93 | –14.30 |\n\n| –2.19 | –4.50 | –3.33 | –0.33 | –3.53 |\n\nPart B\n\nJemena distribution determination 2011-15\n\n**Building block amounts resulting from ESCV ECM carryover for Jemena ($ million, 2010)**\n\n| 17.75 | 11.73 | 13.99 | –1.90 | 41.57 |\n\n| 5.46 | 0.92 | –0.20 | –0.19 | –9.63 |\n\nPart C\n\nPowercor distribution determination 2011-15\n\n**Building block amounts resulting from ESCV ECM carryover for Powercor ($ million, 2010)**\n\n| 0.0 | 11.18 | –4.66 | –9.72 | –3.20 |\n\n| –5.95 | –20.94 | –5.22 | –0.31 | 0.67 |\n\nPart D\n\nSPI Electricity distribution determination 2011‑15\n\n**Building block amounts resulting from ESCV ECM carryover for SPI Electricity ($ million, 2010)**\n\n| 11.11 | –23.64 | –8.64 | 1.78 | –19.39 |\n\n| 40.22 | 20.21 | –7.04 | –1.59 | –78.38 |\n\nPart E\n\nUnited Energy distribution determination 2011-15\n\n**Table 18**\n\n**Building block amounts resulting from ESCV ECM carryover for United Energy ($ million, 2010)**\n\n| – | – | – | – | – |\n\n| –4.80 | –4.80 | –6.21 | –6.15 | –10.76 |\n\nSch. 2 inserted by No. 24/2016 s. 6.\n\n","sortOrder":243},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Amendment of National Electricity Rules","content":"Schedule 2—Amendment of National Electricity Rules\n\n\t1 Clause 5.1.3—Principles\n\n1.1 In clause 5.1.3(d)(2) of the National Electricity Rules, after \"*Network Users*;\" **insert** \"and\".\n\n1.2 For clause 5.1.3(e) and (f) of the National Electricity Rules **substitute**—\n\n\"(e) the operation of the *Rules* should result in the achievement of:\n\n(1) long term benefits to *Registered Participants* in terms of cost and *reliability* of the *national grid*; and\n\n(2) open communication and information flows relating to *connections* between *Registered Participants* themselves, and between *Registered Participants* and *AEMO*, while ensuring the security of *confidential information* belonging to competitors in the *market*.\".\n\n\t2 Clause 5.3.1—Process and procedures\n\n2.1 For clause 5.3.1 of the National Electricity Rules **substitute**—\n\n\"**5.3.1 Process and procedures**\n\n(a) For the purposes of this rule 5.3:\n\n**establish a connection** includes modify an existing *connection* or alter *plant* but does not include alterations to *generating plant* in the circumstances set out in clause 5.3.9.\n\n(b) A *Registered Participant* or person intending to become a *Registered Participant* who wishes to establish a *connection* to a *network* must follow the procedures in this rule 5.3.\n\n(c) A *Generator* wishing to alter *connected* *generating plant* must comply with clause 5.3.9.\n\n(d) *AEMO* must comply with clause 5.3.11 in relation to requests to change *normal voltage*.\".\n\n\t3 Clause 5.3.2—Connection enquiry\n\n3.1 In clause 5.3.2(a) of the National Electricity Rules omit \"or (c)\".\n\n\t4 Insertion of new Chapter 5A\n\n4.1 After Chapter 5 of the National Electricity Rules **insert**—\n\n\"Chapter 5A—Electricity connection for retail customers\n\nPart A—Preliminary\n\n **5A.A.1 Definitions**\n\nIn this Chapter:\n\n**basic connection service**\n\nmeans a *connection service* related to a *connection* (or a proposed *connection*) between a *distribution system* and a *retail customer's* premises (excluding a non-registered *embedded generator's* premises) in the following circumstances:\n\n(a) either:\n\n(1) the *retail customer* is typical of a significant class of *retail customers* who have sought, or are likely to seek, the service; or\n\n(2) the *retail customer* is, or proposes to become, a *micro-embedded generator*; and\n\n(b) the provision of the service involves minimal or no *augmentation* of the *distribution network*; and\n\n(c) a *model standing offer* has been approved by the *AER* for providing that service as a *basic connection service*.\n\n**basic micro EG connection service**\n\nmeans a *basic connection service* for a *retail customer* who is a *micro embedded generato*r.\n\n**confidential information**\n\nmeans, in relation to a *Registered Participant*, *AEMO* or a *connection applicant*, information which is or has been provided to that *Registered Participant*, *AEMO* or *connection applicant* under or in connection with the *Rules* and which is stated under the *Rules*, or by *AEMO*, the *AER* or the *AEMC*, to be *confidential information* or is otherwise confidential or commercially sensitive. It also includes any information which is derived from such information.\n\n**connection**\n\nmeans a physical link between a *distribution system* and a *retail customer's* premises to allow the flow of electricity.\n\n**connection alteration**\n\nmeans an alteration to an existing *connection* including an addition, upgrade, *extension*, expansion, *augmentation* or any other kind of alteration.\n\n**connection applicant**\n\nmeans an applicant for a *connection service* of 1 of the following categories:\n\n(a) *retail customer*;\n\n(b) *retailer* or other person acting on behalf of a *retail customer*;\n\n(c) *real estate developer*.\n\n**connection application**\n\nmeans an application under clause 5A.D.3.\n\n**connection charge**\n\nmeans a charge imposed by a *Distribution Network Service Provider* for a *connection service*.\n\n**connection charge guidelines**\n\n– see clause 5A.E.3.\n\n**connection charge principles**\n\n– see clause 5A.E.1.\n\n**connection contract**\n\nmeans a contract formed by the making and acceptance of a *connection offer*.\n\n**connection offer**\n\nmeans an offer by a *Distribution Network Service Provider* to enter into a *connection contract* with:\n\n(a) a *retail customer*; or\n\n(b) a *real estate developer*.\n\n**connection policy**\n\nmeans a document, approved as a *connection policy* by the *AER* under Chapter 6, Part E, setting out the circumstances in which *connection charges* are payable and the basis for determining the amount of such charges.\n\n**connection service**\n\nmeans either or both of the following:\n\n(a) a service relating to a *new connection* for premises;\n\n(b) a service relating to a *connection alteration* for premises.\n\n**contestable**\n\n– a service is *contestable* if the laws of the *participating jurisdiction* in which the service is to be provided permit the service to be provided by more than one supplier as a *contestable* service or on a competitive basis.\n\n**customer connection contract**\n\n– see section 67 of the *NERL*.\n\n**embedded generator**\n\nmeans a person that owns, controls or operates an *embedded generating unit*.\n\n**enquiry**\n\nmeans a preliminary *enquiry* under clause 5A.D.2.\n\n**micro EG connection**\n\nmeans a *connection* between an *embedded generating unit* and a *distribution network* of the kind contemplated by Australian Standard AS 4777 (Grid connection of energy systems via inverters).\n\n**micro embedded generator**\n\nmeans a *retail customer* who operates, or proposes to operate, an *embedded generating unit* for which a *micro EG connection* is appropriate.\n\n**model standing offer**\n\nmeans a document approved by the *AER* as a *model standing offer* to provide *basic connection services* (see clause 5A.B.3) or as a *model standing offer* to provide *standard connection services* (see clause 5A.B.5).\n\n**negotiated connection contract**\n\n– see clause 5A.C.1.\n\n**new connection**\n\nmeans a *connection* established or to be established, in accordance with this Chapter and applicable *energy laws*, where there is no existing *connection*.\n\n**non-registered embedded generator**\n\nmeans an *embedded generator* that is neither *a micro embedded generator* nor a *Registered Participant*.\n\n**premises connection assets**\n\nmeans the components of a *distribution system* used to provide *connection services*.\n\n**real estate developer**\n\nmeans a person who carries out a *real estate development*.\n\n**real estate development**\n\nmeans the commercial development of land including its development in 1 or more of the following ways:\n\n(a) subdivision;\n\n(b) the construction of commercial or industrial premises (or both);\n\n(c) the construction of multiple new residential premises.\n\n**retail customer**\n\nincludes a non-registered *embedded generator* and a *micro embedded generator*.\n\n**standard connection service**\n\nmeans a *connection service* (other than a *basic connection service*) for a particular class (or sub-class) of *connection applicant* and for which a *model standing offer* has been approved by the *AER*.\n\n**supply service**\n\nmeans a service (other than a *connection service*) relating to the *supply* of electricity.\n\n **5A.A.2 Application of this Chapter**\n\n(a) This Chapter does not apply to, or in relation to, a *connection applicant* that is a *Registered Participant* or an *Intending Participant* unless the *Registered Participant* or *Intending Participant* is acting as the agent of a *retail customer*.\n\n(b) Where a non-registered embedded generator wishing to *connect* an *embedded generating unit* to a *Distribution Network Service Provider's network*:\n\n(1) falls within a particular class (or subclass) of *connection applicant* for which that *Distribution Network Service Provider* provides a *standard connection service*, this Chapter will apply;\n\n(2) does not fall within a particular class (or subclass) of *connection applicant* for which that *Distribution Network Service Provider* provides a *standard connection service*, paragraph (c) will apply.\n\n(c) A non-registered embedded generator that meets the requirements in paragraph (b)(2) may elect to seek *connection* of the relevant *embedded generating unit* under rule 5.3A instead of this Chapter.\n\n(d) Any election made by a non-registered embedded generator under paragraph (c) must be:\n\n(1) made before an *enquiry* is made or if no *enquiry* is made, before a *connection application* is lodged with the relevant *Distribution Network Service Provider*;\n\n(2) in writing; and\n\n(3) delivered to the relevant *Distribution Network Service Provider* at the same time as lodging an *enquiry* under clause 5.3A.5.\n\n(e) For the avoidance of doubt, clause 5A.C.1(a)(2) is still applicable when a non-registered embedded generator meets the requirements in paragraph (b)(1).\n\n **5A.A.3 Small Generation Aggregator deemed to be agent of a retail customer**\n\nA *Market Small Generation Aggregator* is deemed to be the agent of a retail customer, where there is an agreement between the *Market Small Generation Aggregator* and the retail customer relating to the retail customer's *small generating unit* under which the *Market Small Generation Aggregator* is *financially responsible* for the *market connection point* at which the *small generating unit* is connected to the *national grid*.\n\nPart B—Standardised offers to provide basic and standard connection services\n\nDivision 1—Basic connection services\n\n **5A.B.1 Obligation to have model standing offer to provide basic connection services**\n\n(a) Subject to paragraph (b), a *Distribution Network Service Provider* must have a *model standing offer* to provide *basic connection services* to *retail customers*.\n\n(b) *Basic connection services* are of 2 classes:\n\n(1) *basic connection services* for *retail customers* who are not *embedded generators*; and\n\n(2) *basic connection services* for *retail customers* who are micro embedded *generators*.\n\n*Basic connection services* are not available to non-registered *embedded generators*.\n\n(c) A *model standing offer* may relate to each class of *basic connection services* (or a subclass for which there is significant demand) within the area served by the relevant *distribution network*.\n\n **5A.B.2 Proposed model standing offer for basic connection services**\n\n(a) A *Distribution Network Service Provider* must submit for the *AER's* approval a proposed *model standing offer* to provide *basic connection services* for each class (or subclass) of *basic connection services* on specified terms and conditions.\n\n(b) The terms and conditions of the proposed *model standing offer* must cover:\n\n(1) a description of the *connection* (and the *premises connection assets* of which it is to be comprised) including a statement of its maximum capacity; and\n\n(2) timeframes for commencing and completing the work; and\n\n(3) the qualifications required for carrying out the work involved in providing a *contestable* service (including reference to the jurisdictional or other legislation and statutory instruments under which the qualifications are required); and\n\n(4) the safety and technical requirements (including reference to the jurisdictional or other legislation and statutory instruments under which the requirements are imposed) to be complied with by the provider of a *contestable* service or the *retail customer* (or both); and\n\n(5) details of the *connection charges* (or the basis on which they will be calculated) including details of the following (so far as applicable):\n\n(i) the cost of any necessary *extension* to the *distribution system* for which provision has not already been made through existing *distribution use of system* charges or a tariff applicable to the *connection*;\n\n(ii) *meter* type and cost;\n\n(iii) the cost of any other relevant *premises connection assets*;\n\n(iv) the costs of common components of minor variations from the standard specifications;\n\n(v) any other incidental costs; and\n\n(6) the manner in which *connection charges* are to be paid by the *retail customer*; and\n\n(7) if the service is a *basic micro EG connection service*, the particular requirements with regard to the export of electricity into the *distribution system* including:\n\n(i) the special requirements for *metering* and other equipment for the export of electricity; and\n\n(ii) the required qualification for installers of relevant equipment (including reference to the jurisdictional or other legislation and statutory instruments under which the qualifications are required); and\n\n(iii) the special safety and technical requirements (including reference to the jurisdictional or other legislation and statutory instruments under which they are imposed) to be complied with by the provider of a *contestable* service or the *retail customer* (or both).\n\n **5A.B.3 Approval of terms and conditions of model standing offer to provide basic connection services**\n\n(a) The *AER* may approve a proposed *model standing offer* to provide *basic connection services* of a particular class (or subclass) on specified terms and conditions if satisfied that:\n\n(1) the services are likely to be sought by:\n\n(i) a significant number of *retail customers* in the area served by the *distribution network* (excluding *embedded generators*); or\n\n(ii) micro-embedded *generators*; and\n\n(2) the *connection charges* are consistent with the *Distribution Network Service Provider's* *distribution determination* including the *connection policy*; and\n\n(3) the terms and conditions are fair and reasonable; and\n\n(4) the terms and conditions comply with applicable requirements of the *energy laws*.\n\n(b) In deciding whether to approve a proposed *model standing offer* to provide *basic connection services* on specified terms and conditions, the *AER* must have regard to:\n\n(1) the *national electricity objective*; and\n\n(2) the basis on which the *Distribution Network Service Provider* has provided the relevant services in the past; and\n\n(3) the geographical characteristics of the area served by the relevant *distribution network*.\n\n(c) If the *AER* does not approve a proposed *model standing offer* to provide *basic connection services* of a particular class on specified terms and conditions:\n\n(2) the *Distribution Network Service Provider* must re-submit the proposed *model standing offer* with appropriate amendments as soon as reasonably practicable.\n\n(d) The *AER* must deal expeditiously with a proposed *model standing offer* to provide *basic connection services*.\n\n**Division 2—Standard connection services**\n\n **5A.B.4 Standard connection services**\n\n(a) A *Distribution Network Service Provider* may submit for the *AER's* approval a proposed *model standing offer* to provide *standard connection services* on specified terms and conditions.\n\n(b) Different sets of terms and conditions may be submitted under this *rule* for different classes of *connection services* or different classes of *retail customer*.\n\n(c) The terms and conditions must cover:\n\n(1) a description of the *connection* (and the *premises connection assets* of which it is to be comprised) including a statement of its maximum capacity; and\n\n(2) timeframes for commencing and completing the work; and\n\n(3) the qualifications required for carrying out the work involved in providing a *contestable* service (including reference to the jurisdictional or other legislation and statutory instruments under which the qualifications are required); and\n\n(4) the safety and technical requirements (including reference to the jurisdictional or other legislation and statutory instruments under which the requirements are imposed) to be complied with by the provider of a *contestable* service or the *retail customer* (or both); and\n\n(5) details of the *connection charges* (or the basis on which they will be calculated) including details of the following (so far as applicable):\n\n(i) the cost of *premises connection assets* to which the *connection charges* relate;\n\n(ii) the cost of any necessary *augmentation* of the *distribution system* for which provision has not already been made through existing *distribution use of system* charges or a tariff applicable to the *connection*;\n\n(iii) the costs of common components of minor variations from the standard specifications;\n\n(iv) any other incidental costs; and\n\n(6) the manner in which *connection charges* are to be paid by the *retail customer*.\n\n **5A.B.5 Approval of model standing offer to provide standard connection services**\n\n(a) The *AER* may approve a proposed *model standing offer* to provide a particular class of *standard connection services* on specified terms and conditions if satisfied that:\n\n(1) the terms and conditions are fair and reasonable; and\n\n(2) the *connection charges* are consistent with the *Distribution Network Service Provider's distribution determination* including the *connection policy*; and\n\n(3) the terms and conditions comply with applicable requirements of the *energy laws*.\n\n(b) In deciding whether to approve the proposed *model standing offer*, the *AER* must have regard to the *national electricity objective*.\n\n(c) If the *AER* does not approve a proposed *model standing offer* to provide *standard connection services*:\n\n(2) the *Distribution Network Service Provider* may re-submit the proposed *model standing offer* with appropriate amendments.\n\n(d) The *AER* must deal expeditiously with a proposed *model standing offer* to provide *standard connection services*.\n\n**Division 3—Miscellaneous**\n\n **5A.B.6 Amendment etc of model standing offer**\n\n(a) A *Distribution Network Service Provider* may submit, for the *AER's* approval, a proposal:\n\n(1) for the amendment or substitution of a *model standing offer* to provide *basic connection services*; or\n\n(2) for the amendment, substitution or revocation of a *model standing offer* to provide *standard connection services*.\n\n(b) In deciding whether to approve a proposal submitted for its approval under this clause, the *AER* must, so far as relevant, apply the same principles and have regard to the same matters as are relevant to the approval of a proposed *model standing offer* to provide *basic connection services* or *standard connection services*.\n\n(c) The amendment, substitution or revocation of a *model standing offer* takes effect on the date of the *AER's* approval or a later date fixed by the *AER* in its approval.\n\n(d) If the *AER* does not approve a proposal submitted under paragraph (a):\n\n(2) the *Distribution Network Service Provider* may re-submit the proposal with appropriate amendments.\n\n(e) The amendment, substitution or revocation of a *model standing offer* does not affect the validity or effect of:\n\n(1) a *connection offer* made before the amendment, substitution or revocation takes effect; or\n\n(2) a *connection contract* formed on the basis of such an offer.\n\n(f) The *AER* must deal expeditiously with a proposal for the amendment, substitution or revocation of a *model standing offer*.\n\n(g) If the *AER*, after making a *distribution* determination, considers that an existing *model standing offer* to provide *basic connection services* or *standard connection services* may be inconsistent with the *Distribution Network Service Provider's distribution determination* (including the *connection policy*), the *AER* may require the *Distribution Network Service Provider* to submit a proposal under paragraph (a) to bring the *model standing offer* into consistency with the *distribution determination*.\n\n **5A.B.7 Publication of model standing offers**\n\nA *Distribution Network Service Provider* must publish, on its website, each of its *model standing offers* to provide *basic connection services* or *standard connection services*.\n\n**Part C—Negotiated connection**\n\n **5A.C.1 Negotiation of connection**\n\n(a) A *connection applicant* and a *Distribution Network Service Provider* may negotiate a *connection contract* (a **negotiated *connection contract***):\n\n(1) where the *connection service* sought by the *connection applicant* is neither a *basic connection service* nor a *standard connection service*; or\n\n(2) where the *connection service* sought by the *connection applicant* is a *basic connection service* or a *standard connection service* but the *connection applicant* elects to negotiate the terms and conditions on which the *connection service* is to be provided.\n\n(b) The negotiations may, if the *connection applicant* elects, extend to *supply services* available from the *Distribution Network Service Provider*.\n\n(c) This Part sets out the requirements for negotiation referred to in the *NERL*.\n\n(d) When reading this Part in the context of the *NERL*:\n\n(1) a reference to a *connection applicant* in this Part corresponds to a reference to a *customer* in the *NERL*; and\n\n(2) a reference to a *Distribution Network Service Provider* in this Part corresponds to a reference to a distributor in the *NERL*; and\n\n(3) this Part will be read subject to any further adaptations and modifications necessary to give effect to the intendment of the *NERL*.\n\n(e) If, but for this paragraph, a contract negotiable under this Part, or parts or aspects of such a contract, would also be negotiable under Chapter 6, this Part applies to the exclusion of the relevant provisions of Chapter 6.\n\n **5A.C.2 Process of negotiation**\n\nA *Distribution Network Service Provider* and a *connection applican*t for a negotiated *connection contract* must negotiate in accordance with the negotiation framework set out in clause 5A.C.3.\n\n **5A.C.3 Negotiation framework**\n\n(a) The following rules (collectively described as the **negotiation framework**) govern negotiations between a *Distribution Network Service Provider* and a *connection applicant*:\n\n(1) each party must negotiate in good faith.\n\n(2) the *connection applicant* must, at the request of the *Distribution Network Service Provider*, provide the *Distribution Network Service Provider* with information it reasonably requires in order to negotiate on an informed basis.\n\nThe information might (for example) include estimates of average and *maximum demand* for electricity to be *supplied* through the *connection*.\n\n(3) the *Distribution Network Service Provider* must provide the *connection applicant* with information the *connection applicant* reasonably requires in order to negotiate on an informed basis including;\n\n(i) an estimate of the amount to be charged by the *Distribution Network Service Provider* for assessment of the application and the making of a *connection offer* for a negotiated *connection contract*; and\n\n(ii) an estimate of *connection charges*; and\n\n(iii) a statement of the basis on which *connection charges* are calculated; and\n\n(iv) if the *connection applicant* has elected to extend the negotiations to *supply services*— an estimate of any applicable charges for *supply services* and a statement of the basis of their calculation.\n\nThe *Distribution Network Service Provider* might, according to the circumstances of a particular case, need to provide further information to ensure the *connection applicant* is properly informed – for example, information about:\n\n• technical and safety requirements;\n\n• the types of *connection* that are technically feasible;\n\n• *network* capacity at the proposed *connection point*;\n\n• possible strategies to reduce the cost of the *connection*.\n\n(4) the *Distribution Network Service Provider* may consult with other users of the *distribution network* who may be adversely affected by the proposed *new connection* or *connection alteration*.\n\n(5) in assessing the application, the *Distribution Network Service Provider* must determine:\n\n(i) the technical requirements for the proposed *new connection* or *connection alteration*; and\n\n(ii) the extent and costs of any necessary *augmentation* of the *distribution system*; and\n\n(iii) any consequent *change* in charges for *distribution use of system* services; and\n\n(iv) any possible material effect of the proposed *new connection* or *connection alteration* on the *network power transfer capability* of the *distribution network* to which the *new connection* or *connection alteration* is proposed to be made and any other *distribution network* that might be affected by the proposed *new connection* or *connection alteration*.\n\n(6) the *Distribution Network Service Provider* must make reasonable endeavours to make a *connection offer* that complies with the *connection applicant's* reasonable requirements.\n\nReasonable requirements as to the location of the proposed *connection point* or the level and standard of the *distribution network's* *power transfer capability*.\n\n(7) the *Distribution Network Service Provider* must comply with its *connection policy*.\n\n(b) The following supplementary rules apply:\n\n(1) if a *Distribution Network Service Provider* requires information from a *connection applicant* in addition to the information provided in the application, a request for the additional information under paragraph (a)(2) must (if practicable) be made within 20 *business days* after the *Distribution Network Service Provider* receives the relevant application;\n\n(2) the *Distribution Network Service Provider* must provide the information required under paragraph (a)(3) as soon as practicable after the *Distribution Network Service Provider* receives the *connection applicant's* application or, if the *Distribution Network Service Provider* requests additional information under paragraph (a)(2), as soon as practicable after the *Distribution Network Service Provider* receives the relevant information.\n\n(c) Each party to the negotiations must maintain the confidentiality of *confidential information* disclosed by the other party in the course of the negotiations unless disclosure of the information is authorised:\n\n(1) by the party to whom the duty of confidentiality is owed; or\n\n(2) under:\n\n(i) the Law or the Rules; or\n\n(ii) any other law.\n\n **5A.C.4 Fee to cover cost of negotiation**\n\n(a) A *Distribution Network Service Provider* may charge a *connection applicant* for a negotiated *connection contract* a reasonable fee to cover expenses directly and reasonably incurred by the *Distribution Network Service Provider* in assessing the applicant's application and making a *connection offer*.\n\n(b) A fee charged under paragraph (a) is recoverable as a debt (whether or not the *connection applicant* accepts the *connection offer*).\n\n**Part D—Application for connection service**\n\n**Division 1—Information**\n\n **5A.D.1 Publication of information**\n\n(a) A *Distribution Network Service Provider* must publish on its website the following:\n\n(1) an application form for a *new connection* or a *connection alteration*; and\n\n(2) a description of how an application for a *new connection* or a *connection alteration* is to be made (including a statement of the information required for the application); and\n\n(3) a description of the *Distribution Network Service Provider's* *basic connection services* and *standard connection services* and the classes (or subclasses) of *retail customer* to which they apply. If the *Distribution Network Service Provider* does not provide *standard connection services* for all or some non-registered embedded generators, a clear statement to this effect must also be included in the description; and\n\n(4) an explanation of the *connection applicant's* right to negotiate with the *Distribution Network Service Provider* for a negotiated *connection contract* and a description of the negotiation process; and\n\n(5) the requirements for an expedited *connection*; and\n\n(6) the basis for calculation of *connection charges*; and\n\n(7) information set out in clause 5.3A.3(b)(1)(vii), (2)-(7) as such information relates to the *connection* of *embedded generating units* by a non‑registered embedded generator.\n\n(b) To the extent a *Distribution Network Service Provider* has provided the information required under paragraph (a)(7) by including that information in its information pack *published* under clause 5.3A.3(a)(3), it will be taken to have complied with paragraph (a)(7).\n\n **5A.D.1A Register of completed embedded generation projects**\n\n(a) For the purposes of this clause 5A.D.1A:\n\n**completed non-registered embedded generation projects** means all *embedded generating units*, operated or controlled by a non-registered embedded generator that are *connected* to the *Distribution Network Service Provider's network*.\n\n**DAPR date** has the same meaning as in clause 5.13.2.\n\n(b) In relation to completed non-registered embedded generation projects, a *Distribution Network Service Provider* must establish and *publish*, on its website, a register of the *plant*, including but not limited to:\n\n(1) technology of *generating unit* (e.g. *synchronous generating unit*, induction generator, photovoltaic array, etc) and its make and model;\n\n(2) maximum power *generation* capacity of all *embedded generating units* comprised in the relevant *generating system*;\n\n(3) contribution to fault levels;\n\n(4) the size and rating of the relevant *transformer*;\n\n(5) a single line diagram of the *connection* arrangement;\n\n(6) *protection systems* and communication systems;\n\n(7) *voltage* control, *power factor* control and/or *reactive power capability* (where relevant); and\n\n(8) details specific to the location of a *facility connected* to the *network* that are relevant to any of the details in subparagraphs (1)-(7).\n\n(c) The *Distribution Network Service Provider* must not *publish* *confidential information* as part of, or in connection with, the register, unless disclosure of the information is authorised:\n\n(1) by the party to whom the duty of confidentiality is owed; or\n\n(2) under:\n\n(i) the *National Electricity Law* or the *Rules*; or\n\n(ii) any other law.\n\n(d) The *Distribution Network Service Provider* must:\n\n(1) by the DAPR date each year, include in the register the details contained in paragraph (b) for all completed non-registered embedded generation projects since the date the register referred to in paragraph (b) is established; and\n\n(2) in the fifth year after the establishment of the register, and in each year thereafter, update the register by the DAPR date with details of all completed non‑registered embedded generation projects in the 5 year period preceding the DAPR date.\n\n(e) To the extent a *Distribution Network Service Provider* includes the information required under paragraphs (b) and (d) in its register established under clause 5.4.5, it will be taken to have complied with paragraphs (b) and (d).\n\n**Division 2—Preliminary enquiry**\n\n **5A.D.2 Preliminary enquiry**\n\n(a) A *Distribution Network Service Provider* must, within 5 *business days* after receiving an *enquiry* about a *connection service* (or some other period agreed between the *Distribution Network Service Provider* and the enquirer), provide the enquirer with the information required to make an informed application.\n\n(b) The information must include:\n\n(1) a description of the *Distribution Network Service Provider's* basic and *standard connection services* and the terms and conditions of the *model standing offers* to provide such services (including possible costs); and\n\n(2) a description of the process, including a statement of the information required, for submission of a *connection application* including an application for an expedited *connection*; and\n\n(3) a statement of possible site inspection charges; and\n\n(4) a statement of a *connection applicant's* right to negotiate the terms of a *connection contract* and a description of the relevant process (including the types of possible costs and expenses); and\n\n(5) an indication of whether any aspects of the proposed *connection* are likely to be *contestable*; and\n\n(6) any additional information reasonably required by the enquirer.\n\n(c) A *Distribution Network Service Provider* that publishes any of the above information on its website complies with its obligation to disclose information under this clause if it refers the enquirer to the relevant part of the website.\n\nException:\n\nIf the enquirer asks for a written reply to the *enquiry* or asks for specific advice about the enquirer's particular situation, the *Distribution Network Service Provider* must reply to the *enquiry* as soon as reasonably practicable and in writing if requested.\n\n(d) If an *enquiry* is made to a *Distribution Network Service Provider* about a *connection* within the area of another *Distribution Network Service Provider*, the *Distribution Network Service Provider*:\n\n(1) must inform the enquirer of the identity, and contact details, of the responsible *Distribution Network Service Provider*; and\n\n(2) on doing so, is released from further obligations in relation to the *enquiry*.\n\n**Division 3—Applications**\n\n **5A.D.3 Application process**\n\n(a) An application for a *connection service* must be in the appropriate form determined by the *Distribution Network Service Provider*.\n\n(b) An application for a *connection service* may be made by:\n\n(1) a *retail customer* for whom the *connection service* is sought; or\n\n(2) a *retailer* or other person acting on behalf of a *retail customer*; or\n\n(3) a *real estate developer* who seeks *connection services* for premises comprised in a *real estate development*.\n\n(c) If an application for a *connection service* has been made in error to the wrong *Distribution Network Service Provider*, that *Distribution Network Service Provider*:\n\n(1) must inform the *connection applicant* of the identity, and contact details, of the responsible *Distribution Network Service Provider*; and\n\n(2) on doing so, is released from further obligations in relation to the application.\n\n(d) If an application is incomplete in a *material* respect, the *Distribution Network Service Provider* must *advise* the applicant of the deficiency and may require the *connection applicant* to complete the application and re-submit it.\n\n(e) If the *Distribution Network Service Provider* reasonably requires additional information to assess the application, it may require the *connection applicant* to provide the necessary information.\n\n(f) The *Distribution Network Service Provider* must, within 10 *business days* after receipt of a complete application for a *connection service* or if the *connection applicant* is required to provide additional information under paragraph (e), within 10 *business days* after receipt of the information, (or some other period agreed between the *Distribution Network Service Provider* and the *connection applicant*):\n\n(1) subject to any statements made on its website under clause 5A.D.1(a)(3), *advise* the *connection applicant* whether the proposed *connection service* is a *basic connection service*, a *standard connection service* or neither; and\n\n(2) if;\n\n(i) the *connection service* is neither a *basic connection service* nor a *standard connection service*; or\n\n(ii) the *connection applicant* elects to have a negotiated *connection contract* even though the proposed *connection service* is a basic or *standard connection service*;\n\nadvise the *connection applicant* of the negotiated *connection* process and of possible costs and expenses related to the negotiations.\n\n(g) A single application may relate to multiple *connection services* of the same or different kinds.\n\n **5A.D.4 Site inspection**\n\nIf a *Distribution Network Service Provider* reasonably needs to make a site inspection in order to determine the nature of a *connection service* sought by a *connection applicant*, the *Distribution Network Service Provider* may charge its reasonable expenses to the *connection applicant* and recover those expenses as a debt.\n\n**Part E—Connection charges**\n\n **5A.E.1 Connection charge principles**\n\n(a) This clause states the ***connection charge principles***.\n\n(b) A *retail customer* (other than a non‑registered *embedded generator* or a *real estate developer*) who applies for a *connection service* for which an *augmentation* is required cannot be required to make a capital contribution towards the cost of the *augmentation* (insofar as it involves more than an *extension*) if:\n\n(1) the application is for a *basic connection service*; or\n\n(2) a relevant threshold set in the *Distribution Network Service Provider's* *connection policy* is not exceeded.\n\nIn general, the intention is to exclude deep system *augmentation* charges for *retail customers*.\n\n(c) Subject to paragraph (b), in determining *connection charges* in accordance with its *connection policy*, a *Distribution Network Service Provider* must apply the following principles:\n\n(1) if an *extension* to the *distribution network* is necessary in order to provide a *connection service*, *connection charges* for the service may include a reasonable capital contribution towards the cost of the *extension* necessary to provide the service;\n\n(2) if *augmentation* of *premises connection assets* at the *retail customer'*s *connection* point is necessary in order to provide a *connection service*, *connection charges* for the service may include a reasonable capital contribution towards the cost of the *augmentation* of *premises connection assets* at the *connection point* necessary to provide the service;\n\n(3) if *augmentation* of the *distribution system* is necessary in order to provide a *standard connection service*, *connection charges* for the service may include a reasonable capital contribution towards the cost of the *augmentation* necessary to provide the service;\n\n(4) if *augmentation* of the *distribution system* is necessary in order to provide a *connection service* under a negotiated *connection contract*, *connection charges* for the service may, subject to any agreement to the contrary, include a reasonable capital contribution towards the cost of *augmentation* of the *distribution system* to the extent necessary to provide the service and to any further extent that a prudent service provider would consider necessary to provide efficiently for forecast *load* growth;\n\n(5) despite subparagraphs (1) to (4) if *augmentation* of the *distribution system* is necessary in order to provide, on the application of a *real estate developer*, *connection services* for premises comprised in a *real estate development*, *connection charges* for the services may, subject to any agreement to the contrary, include a reasonable capital contribution towards the cost of *augmentation* of the *distribution system* to the extent necessary to provide the services and to any further extent that a prudent service provider would consider necessary to provide efficiently for forecast *load* growth;\n\n(6) however, a capital contribution may only be required in the circumstances described in subparagraphs (1) to (5) if provision for the costs has not already been made through existing *distribution use of system* charges or a tariff applicable to the *connection*.\n\n(d) If:\n\n(1) a *connection asset* ceases, within 7 years after its construction or installation, to be dedicated to the exclusive use of the *retail customer* occupying particular premises; and\n\n(2) the *retail customer* is entitled, in accordance with the *connection charge guidelines*, to a refund of *connection charges*;\n\nthe *Distribution Network Service Provider* must make the refund, and may recover the amount of the refund, by way of a *connection charge*, from the new users of the asset.\n\n(e) For the purposes of paragraph (d), a person is taken to be a new user of a *connection asset* if the asset comes to be used to provide a *connection* to that person's premises\n\n(f) For the purposes of this clause capital contribution includes a prepayment or financial guarantee.\n\n **5A.E.2 Itemised statement of connection charges**\n\nA *connection offer* must be accompanied by a schedule containing an itemised statement of *connection* costs including (so far as relevant) the following:\n\n(a) applicable *connection charges*;\n\n(b) cost of *network extension*;\n\n(c) details of upstream *augmentation* required to provide the *connection service* and associated cost;\n\n(d) any other incidental costs and the basis of their calculation including, if relevant, costs of minor deviation from the standard specification for a *basic connection service* or a *standard connection service* (as the case may require).\n\n **5A.E.3 Connection charge guidelines**\n\n(a) The *AER* must develop and *publish* guidelines (***connection charge guidelines***) for the development of *connection policies* by *Distribution Network Service Providers*.\n\n(b) The purpose of the guidelines is to ensure that *connection charges*:\n\n(1) are reasonable, taking into account the efficient costs of providing the *connection services* arising from the *new connection* or *connection alteration* and the revenue a prudent operator in the circumstances of the relevant *Distribution Network Service Provider* would require to provide those *connection services*; and\n\n(2) provide, without undue administrative cost, a user-pays signal to reflect the efficient cost of providing the *connection services*; and\n\n(3) limit cross-subsidisation of *connection* costs between different classes (or subclasses) of *retail customer*; and\n\n(4) if the *connection services* are *contestable* – are competitively neutral.\n\n(c) The guidelines must:\n\n(1) describe the method for determining charges for *premises connection assets*; and\n\n(2) describe the circumstances (or how to determine the circumstances) under which a *Distribution Network Service Provider* may receive a capital contribution, prepayment or financial guarantee from a *retail customer* or *real estate developer* for the provision of a *connection service*; and\n\n(3) describe how the amount of any such capital contribution, prepayment or financial guarantee is to be determined; and\n\n(4) establish principles for fixing a threshold (based on capacity or any other measure the *AER* thinks fit) below which *retail customers* (not being a non-registered *embedded generator* or a *real estate developer*) are exempt from any requirement to pay *connection charges* (or to give consideration in the form of a capital contribution, prepayment or financial guarantee) for an *augmentation* (other than an *extension*) to the *distribution network* necessary to make the *connection*; and\n\n(5) describe the methods for calculating the *augmentation* component for the *connection assets* and, if the *augmentation* consists of or includes an *extension*, the *extension* component of a *connection charge*; and\n\n(6) describe the method for calculating:\n\n(i) the amount of a refund of *connection charges* for a *connection asset* when an *extension* asset originally installed to *connect* the premises of a single *retail customer* is used, within 7 years of its installation, to *connect* other premises and thus comes to be used for the benefit of 2 or more *retail customers*; and\n\n(ii) the threshold below which the refund is not payable; and\n\n(7) describe the treatment of *augmentation* assets.\n\n(d) The principles for establishing an exemption under paragraph (c)(4) must ensure that the exemption only operates in the following circumstances:\n\n(1) the *connection* is a low *voltage* *connection*; and\n\n(2) the *connection* would not normally require *augmentation* of the *network* beyond the *extension* to the *distribution network* necessary to make the *connection*; and\n\n(3) the *connection* is not expected to increase the *load* on the *distribution network* beyond a level the *Distribution Network Service Provider* could reasonably be expected to cope with in the ordinary course of managing the *distribution network*.\n\n(e) In developing the guidelines, the *AER* must have regard to:\n\n(1) historical and geographical differences between *networks*; and\n\n(2) inter-jurisdictional differences related to regulatory control mechanisms, classification of services and other relevant matters; and\n\n(3) the circumstances in which *connection services* may be provided by persons other than *Distribution Network Service Providers* (and are therefore *contestable*).\n\n(f) In developing guidelines dealing with the method for calculating the amount of a refund of *connection charges* paid before a *connection asset* becomes a shared asset, the *AER* must have regard to:\n\n(1) the *Distribution Network Service Provider's* obligation to make the refund; and\n\n(2) future projections of *distribution network* expansion and usage and any consequent effect on the *Distribution Network Service Provider's* capacity to finance the acquisition of *augmentation* assets out of increased revenue; and\n\n(3) the fact that the *Distribution Network Service Provider's* obligation to make the refund will expire after 7 years.\n\n(g) In developing guidelines under this clause, the *AER* must act in accordance with the *distribution consultation procedures*.\n\n **5A.E.4 Payment of connection charges**\n\n(a) *Connection charges* payable in respect of a *connection service* must be paid to the *Distribution Network Service Provider* by the *retail customer's* retailer unless:\n\n(1) the *retailer* did not apply for the *connection service* and the *Distribution Network Service Provider* has notified the *retail customer* that the *customer* must pay the *connection charge* directly; or\n\n(2) the *retail customer* asks to pay the *connection charge* directly and the *Distribution Network Service Provider* agrees; or\n\n(3) the *Distribution Network Service Provider* and the *retailer* agree that the *Distribution Network Service Provider* is to recover the *connection charge* from the *retail customer*.\n\n(b) If the *retail customer* pays, or is required to pay, a *connection charge* directly to a *Distribution Network Service Provider* under paragraph (a), the *Distribution Network Service Provider* must not recover that charge from the *retail customer's retailer*.\n\n(c) The *Distribution Network Service Provider* must separately identify each *connection charge* on the statement or invoice to the *retailer*.\n\nRule 25 of the *National Energy Retail Rules* requires the listing of *connection charges* that are passed through by a *retailer* to a retail customer in the customer's bill.\n\n**Part F—Formation and integration of connection contracts**\n\n**Division 1—Offer and acceptance – basic and standard connection services**\n\n **5A.F.1 Distribution Network Service Provider's response to application**\n\n(a) If the *connection service* sought by a *connection applicant* is a *basic connection service* or a *standard connection service* (and the applicant does not elect to apply for a negotiated *connection contract*), the *Distribution Network Service Provider* must make a *connection offer* to the applicant within:\n\n(1) 10 *business days* after receiving a properly completed application for the service and the additional information (if any) reasonably required under clause 5A.D.3(e); or\n\n(2) some other period agreed between the *Distribution Network Service Provider* and the *connection applicant*.\n\n(b) The *connection offer* must be in accordance with the relevant *model standing offer* and must include:\n\n(1) the date of the offer; and\n\n(2) details of the *connection service* to be provided; and\n\n(3) a statement of the *connection charges* payable by the *connection applicant*.\n\n **5A.F.2 Acceptance of connection offer**\n\n(a) A *connection offer* to provide a *basic connection service* or *standard connection service* remains open for acceptance for 45 *business days* from the date of the offer and, if not accepted within that period, lapses unless the period for acceptance is extended by agreement between the *connection applicant* and the *Distribution Network Service Provider*.\n\n(b) This clause does not apply if the *connection application* is for an expedited *connection*.\n\n **5A.F.3 Offer and acceptance—application for expedited connection**\n\n(a) If:\n\n(1) a *connection applicant* requests an expedited *connection* in the *connection application*; and\n\n(2) the *Distribution Network Service Provider* is satisfied that the *connection application* is for a *basic connection service* or *standard connection service* that falls within the terms of the relevant *model standing offer*; and\n\n(3) the *connection applicant* indicates in the *connection application* that a *connection offer* in terms of the relevant *model standing offer* would be acceptable to the applicant,\n\nthe *Distribution Network Service Provider* is taken to have made, and the *connection* applicant is taken to have accepted, a *connection offer* in terms of the relevant *model standing offer* on the date the *Distribution Network Service Provider* receives the application.\n\n(b) If a *connection applicant* applies  \nfor an expedited *connection* but the *Distribution Network Service Provider* does not agree that an offer in terms of any *model standing offer* is appropriate, the *Distribution Network Service Provider* must notify the *connection applicant* accordingly and draw the applicant's attention to the provisions of these *Rules* dealing with negotiated *connection*.\n\n**Division 2—Offer and acceptance – negotiated connection**\n\n **5A.F.4 Negotiated connection offer**\n\n(a) A *Distribution Network Service Provider* must use its best endeavours to make a negotiated *connection offer* to the *connection applicant* within 65 *business days* after the date of the application for *connection* (but the *time* taken by the applicant to provide information reasonably sought by the *Distribution Network Service Provider* under clause 5A.C.3(a)(2) will not be counted).\n\n(b) A negotiated *connection offer*:\n\n(1) must be in the form of an offer to enter into a contract in specified terms; and\n\n(2) must comply with the minimum requirements set out in Schedule 5A.1.\n\n(c) If the *connection applicant* elected to extend the negotiations to *supply services*, the *connection offer* must contain terms and conditions relating to the *supply services*.\n\n(d) A negotiated *connection offer* must not include a *connection charge* that is inconsistent with the *Distribution Network Service Provider's* *connection policy*.\n\n(e) A negotiated *connection offer* remains open for acceptance for 20 *business days* from the date of the offer and then lapses unless the period for acceptance is extended by agreement between the *Distribution Network Service Provider* and the *connection applicant*.\n\n**Division 3—Formation of contract**\n\n **5A.F.5 Acceptance of connection offer**\n\n(a) If a *connection offer* to provide a *connection service* is accepted, the terms and conditions of the *connection offer*:\n\n(1) become terms and conditions  \nof a *connection contract* formed between the *Distribution Network Service Provider* and the *connection applicant*; and\n\n(2) subject to rule 5A.F.6, are enforceable accordingly.\n\n(b) The *Distribution Network Service Provider* must, at the request of a *connection applicant*, provide a copy of:\n\n(1) the contract formed under paragraph (a); or\n\n(2) if that contract has been integrated with, and forms part of, a *customer connection* contract arising under the *NERL*—the integrated contract.\n\n**Division 4—Contractual performance**\n\n **5A.F.6 Carrying out connection work**\n\n(a) A *Distribution Network Service Provider* must use its best endeavours to ensure that *connection* work is carried out within the applicable *time* limits fixed by the relevant provisions of the *connection contract*.\n\n(b) However, a *Distribution Network Service Provider* is not obliged to commence or continue with *connection* work if the *connection applicant* fails to comply with conditions that are to be complied with by the *connection applicant*.\n\n**Examples**\n\nThe *connection applicant* fails to pay *connection charges*.\n\nThe *connection applicant* fails to comply with technical or safety requirements.\n\nThe *connection applicant* fails to complete work that is to be carried out on the *connection applicant's* premises.\n\nThe *connection applicant* fails to comply with the *Distribution Network Service Provider's* reasonable request to allow the *Distribution Network Service Provider* safe and unhindered access to the applicant's premises.\n\n **5A.F.7 Retailer required for energisation where new connection**\n\nA *Distribution Network Service Provider* is not required to *energise* a *new connection* unless a request to *energise* the *new connection* is submitted by a *retailer*, or the *Distribution Network Service Provider* is otherwise satisfied that there is a relevant contract with a *retailer* in relation to the premises.\n\n**Part G—Dispute resolution between Distribution Network Service Providers and customers**\n\n **5A.G.1 Relevant disputes**\n\n(a) In this Part:\n\n**customer** means:\n\n(a) a *retail customer*; or\n\n(b) a *real estate developer*.\n\n**relevant dispute** means:\n\n(1) a dispute between a Distribution Network Service Provider and a customer about:\n\n(i) the terms and conditions on which a *basic connection service* or a *standard connection service* is to be provided; or\n\n(ii) the proposed or actual terms and conditions of a negotiated *connection contract*; or\n\n(2) a dispute between a *Distribution Network* *Service Provider* and a *customer* about *connection charges*.\n\n(b) A relevant dispute is an access dispute for the purposes of section 2A of the Law.\n\n **5A.G.2 Determination of dispute**\n\n(a) In determining a relevant dispute, the *AER* must (so far as applicable) give effect to:\n\n(1) the relevant *connection policy*; and\n\n(2) a relevant *model standing offer* to provide a basic or *standard connection service*; and\n\n(3) this Chapter and any other *applicable regulatory instrument*.\n\n(b) In determining a relevant dispute, the *AER* may also:\n\n(1) have regard to other matters the *AER* considers relevant; and\n\n(2) hear evidence or receive submissions from the *Distribution Network Service Provider* and the *customer*; and\n\n(3) if the dispute relates to a negotiated *connection contract* – have regard to the negotiation framework set out in clause 5A.C.3.\n\n **5A.G.3 Termination of proceedings**\n\n(a) If the *AER* considers that a relevant dispute could be effectively resolved by some means other than an access determination, the *AER* may give the parties to the *dispute notice* of the alternative means of resolving the dispute.\n\nThe *AER* might give such a notice if of the opinion that a particular dispute could be dealt with more efficiently, and with less expense, by a jurisdictional ombudsman.\n\n(b) The giving of such a notice is a specified dispute termination circumstance for the purposes of section 131(3) of the Law.\n\nIt follows that the *AER* may exercise its power to terminate the dispute without making an access determination (See section 131(1)(d) of the Law).\n\n**SCHEDULE 5A.1—Minimum content requirements for connection contract**\n\n**Part A—Connection offer not involving embedded generation**\n\n(a) A *connection offer* must contain:\n\n(1) a provision stating that a *connection contract* will be formed, and will come into operation, on acceptance of the *connection offer*; and\n\n(2) details of the *connection point*, the maximum capacity of the *connection*, and the *connection assets* required at the *connection point*; and\n\n(3) details of the *premises connection assets* and additional equipment to be installed on the premises and responsibility for undertaking the work; and\n\n(4) details of any *distribution network* *extension* or other *augmentation* required for the purposes of the *connection*; and\n\n(5) an undertaking to complete the work required to establish the *connection* within a specified *time* frame; and\n\n(6) a requirement that the *retail customer* have appropriate *metering installed*; and\n\n(7) the relevant technical and safety obligations to be met by the *retail customer* relating to the installation; and\n\n(8) the *retail customer's* obligation to allow access to the premises by the *Distribution Network Service Provider's* agents, contractors and employees; and\n\n(9) the *retail customer's* obligation to accommodate on its premises, and protect from harm, any equipment necessary for the *connection*; and\n\n(10) details of the *retail customer's* monetary obligations including billing arrangements and any security to be provided by the *customer*; and\n\n(11) details of the *Distribution Network Service Provider's* monetary obligations (if any) to the *retail customer*; and\n\n(12) a provision requiring the *Distribution Network Service Provider* to provide information about the *connection* to the *retail customer*; and\n\n(13) provision for amendment of the *connection contract* by agreement between the *Distribution Network Service Provider* and the *retail customer*.\n\n(b) A *connection offer* that relates to *supply services* must also deal with:\n\n(1) the *Distribution Network Service Provider's* power to interrupt or reduce the *supply* of electricity to the *connection point*; and\n\n(2) warranties and limitations on the *Distribution Network Service Provider's* liability; and\n\n(3) *disconnection* and reconnection; and\n\n(4) reporting and correction of faults; and\n\n(5) dispute resolution; and\n\n(6) ongoing *customer* obligations; and\n\n(7) termination of the *connection contract*.\n\n**Part B—Connection offer involving embedded generation**\n\n(a) A *connection offer* to a person who operates, or proposes to operate, an *embedded generating unit* (the **embedded generator**) must contain:\n\n(1) a provision stating that a *connection contract* will be formed, and will come into operation, on acceptance of the *connection offer*; and\n\n(2) details of the *connection point*, the maximum capacity of the *connection* to import and export electricity, and the *embedded generator's* installation required at the *connection point*; and\n\n(3) details of the *premises connection assets* and additional equipment to be installed on the premises and responsibility for undertaking the work; and\n\n(4) details of any *distribution network* *extension* or other *augmentation* required for the purposes of the *connection*; and\n\n(5) an undertaking to complete the work required to establish the *connection* within a specified *time* frame; and\n\n(6) a requirement that the *embedded generator* have appropriate *metering installed*; and\n\n(7) the relevant technical and safety obligations to be met by the *embedded generator* relating to the installation; and\n\n(8) the *embedded generator's* obligation to allow access to the premises by the *Distribution Network Service Provider's* agents, contractors and employees; and\n\n(9) the *embedded generator's* obligation to accommodate on its premises, and protect from harm, any equipment necessary for the *connection*; and\n\n(10) details of the *embedded generator's* monetary obligations including billing arrangements and any security to be provided by the *embedded generator*; and\n\n(11) details of the *Distribution Network Service Provider's* monetary obligations (if any) to the *embedded generator*; and\n\n(12) a provision requiring the *Distribution Network Service Provider* to provide information about the *connection* to the *embedded generator*; and\n\n(13) provision for amendment of the *connection contract* by agreement between the *Distribution Network Service Provider* and the *embedded generator*.\n\n(b) A *connection contract* that relates to *supply services* must also deal with:\n\n(1) the *Distribution Network Service Provider's* power to interrupt or reduce the *supply* of electricity to the *connection point*; and\n\n(2) warranties and limitations on the *Distribution Network Service Provider's* liability; and\n\n(3) *disconnection* and reconnection; and\n\n(4) reporting and correction of faults; and\n\n(5) dispute resolution; and\n\n(6) ongoing obligations of the *Distribution Network Service Provider* and the *embedded generator*; and\n\n(7) termination of the *connection contract*.\".\n\n\t5 Clause 6.1.2—Structure of Chapter 6\n\n5.1 After clause 6.1.2(b)(4) of the National Electricity Rules **insert**—\n\n\"(4A) Part DA deals with the preparation of, requirements for and approval of, *connection policies*;\".\n\n\t6 Clause 6.2.1—Classification of distribution services\n\n\t6.1 At the foot of clause 6.2.1(a) of the National Electricity Rules insert—\n\n\"**Note**\n\nIf the *AER* decides against classifying a *distribution service*, the service is, subject to Chapter 5A, not regulated under the *Rules*.\".\n\n\t7 Clause 6.2.2—Classification of direct control services as standard control services or alternative control services\n\n7.1 In clause 6.2.2(c)(5) of the National Electricity Rules, for \"customer\" **substitute** \"person\".\n\n","sortOrder":244},{"sectionNumber":"8","sectionType":"section","heading":"New Part DA inserted in Chapter 6","content":"\t8 New Part DA inserted in Chapter 6\n\n8.1 After Part D of Chapter 6 of the National Electricity Rules **insert**—\n\n\"**Part DA—Connection policies**\n\n **6.7A Connection policy requirements**\n\nThis *Rule* deals with the preparation of, requirements for and approval of *connection policies*.\n\n **6.7A.1 Preparation of, and requirements for, connection policy**\n\n(a) A *Distribution Network Service Provider* must prepare a document (its proposed *connection policy*) setting out the circumstances in which it may require a *retail customer* or *real estate developer* to pay a *connection charge*, for the provision of a *connection service* under Chapter 5A.\n\n(b) The proposed *connection policy*:\n\n(1) must be consistent with:\n\n(i) the *connection charge principles*; and\n\n(ii) the *connection charge guidelines*; and\n\n(2) must specify:\n\n(i) the categories of persons that may be required to pay a *connection charge* and the circumstances in which such a requirement may be imposed; and\n\n(ii) the aspects of a *connection service* for which a *connection charge* may be made; and\n\nThe *Distribution Network Service Provider* might (for example) make separate *connection charges* for the provision of a *connection asset* and for making a necessary *extension* to, or other *augmentation* of, the *distribution network*.\n\n(iii) the basis on which *connection charges* are determined; and\n\n(iv) the manner in which *connection charges* are to be paid (or equivalent consideration is to be given); and\n\n**Examples**\n\nThe payment (or equivalent consideration) might take the form of a capital contribution, prepayment or financial guarantee.\n\n(v) a threshold (based on capacity or any other measure identified in the *connection charge guidelines*) below which a *retail customer* (not being a non-registered *embedded generator* or a *real estate developer*) will not be liable for a *connection charge* for an *augmentation* other than an *extension*.\".\n\n","sortOrder":245},{"sectionNumber":"9","sectionType":"section","heading":"Clause 6.8.2—Submission of regulatory proposal","content":"\t9 Clause 6.8.2—Submission of regulatory proposal\n\n9.1 After clause 6.8.2(c)(5) of the National Electricity Rules **insert**—\n\n\"(5A) the proposed *connection policy*;\".\n\n\t10 Clause 6.12.1—Constituent decisions\n\n10.1 For clause 6.12.1(17) of the National Electricity Rules **substitute**—\n\n\"(17) a decision on the policies and procedures for assigning *retail customers* to *tariff classes*, or reassigning *retail customers* from one *tariff class* to another (including any applicable restrictions);\".\n\n10.2 After clause 6.12.1(20) of the National Electricity Rules **insert**—\n\n\"(21) a decision on the *connection policy* that is to apply to the *Distribution Network Service Provider* for the *regulatory control period* (which may be the *connection policy* as proposed by the *Distribution Network Service Provider*, some variant of it, or a policy substituted by the *AER*).\".\n\n\t11 Clause 6.12.3—Extent of AER's discretion in making distribution determinations\n\n11.1 After clause 6.12.3(h) of the National Electricity Rules **insert**—\n\n\"(i) The *AER* must approve the proposed *connection policy* if the *AER* is satisfied that it adequately complies with the requirements of Part DA.\n\n(j) If the *AER* refuses to approve the proposed *connection policy*, the approved amended *connection policy* must be:\n\n(1) determined on the basis of the current proposed *connection policy*; and\n\n(2) amended from that basis only to the extent necessary to *enable* it to be approved in accordance with the *Rules*.\n\n(k) The *AER* must approve a *Distribution Network Service Provider's* proposed *tariff structure statement* unless the *AER* is reasonably satisfied that the proposed *tariff structure statement* does not comply with the *pricing principles* *for direct control services* or other applicable requirements of the *Rules*.\n\n(l) If, in making a distribution determination in relation to a *Distribution Network Service Provider*, the *AER* refuses to approve the *Distribution Network Service Provider's* proposed *tariff structure statement*, the *AER* must include in that distribution determination an amended *tariff structure statement* which is:\n\n(1) determined on the basis of the *Distribution Network Service Provider's* proposed *tariff structure statement*; and\n\n(2) amended from that basis only to the extent necessary to enable it to be approved in accordance with the *Rules*.\".\n\n\t12 Clause 6.18.3—Tariff classes\n\n12.1 In clause 6.18.3(c) of the National Electricity Rules, for \"customers\" (where twice occurring) **substitute** \"*retail customers*\".\n\n12.2 In clause 6.18.3(d)(1) of the National Electricity Rules, for \"customers\" **substitute** \"*retail customers*\".\n\n\t13 Clause 6.18.4—Principles governing assignment or re-assignment of retail customers to tariff classes and assessment and review of basis of charging\n\n13.1 In the heading to clause 6.18.4 of the National Electricity Rules, for \"**customers**\" substitute \"**retail** **customers**\".\n\n13.2 In clause 6.18.4(a) of the National Electricity Rules, for \"customers\" (wherever occurring) **substitute** \"*retail customers*\".\n\n\t14 Clause 6.18.6—Side constraints on tariffs for standard control services\n\n14.1 In clause 6.18.6(d)(2) of the National Electricity Rules, for \"customers\" **substitute** \"*retail customers*\".\n\n\t15 Clause 6.18.7—Recovery of designated pricing proposal charges\n\n15.1 In clause 6.18.7(a) of the National Electricity Rules, for \"customers\" **substitute** \"*retail customers*\".\n\n15.2 In clause 6.18.7(b) of the National Electricity Rules, for \"customers\" **substitute** \"*retail customers*\".\n\n15.3 In clause 6.18.7(c)(2) of the National Electricity Rules, for \"customers\" **substitute** \"*retail customers*\".\n\n","sortOrder":246},{"sectionNumber":"16","sectionType":"section","heading":"Clause 6.19.2—Confidentiality of distribution network pricing information","content":"\t16 Clause 6.19.2—Confidentiality of distribution network pricing information\n\n16.1 In clause 6.19.2(b) of the National Electricity Rules, for \"customer\" **substitute** \"*retail customer*\".\n\n\t17 Insertion of definitions in Chapter 10\n\n17.1 Insert the following definitions in alphabetical order in Chapter 10 of the National Electricity Rules—\n\n\"***basic connection service***\n\n***basic micro EG connection service***\n\n***connection alteration***\n\n***connection application***\n\n***connection charge***\n\n***connection charge guidelines***\n\nHas the meaning given in clause 5A.D.3.\n\n***connection charge principles***\n\nHas the meaning given in clause 5A.E.1.\n\n***connection contract***\n\n***connection offer***\n\n***connection policy***\n\n***customer connection service***\n\nHas (in the context of Chapter 6B) the meaning given in clause 6B.A1.2.\n\n***energy laws***\n\nHas the meaning given in section 2(1) of the NERL\n\n***energy ombudsman***\n\nHas the same meaning as in the NERL.\n\n***enquiry***\n\n***micro EG connection***\n\n***micro embedded generator***\n\n***model standing offer***\n\n***new connection***\n\n***premises connection assets***\n\n***real estate developer***\n\n***real estate development***\n\n***retail customer***\n\nHas the same meaning as in the *National Electricity Law*.\n\nOtherwise, a person to whom electricity is sold by a *retailer*, and supplied in respect of *connection points*, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by these *Rules* for the purposes of this definition.\n\n**Note:**\n\nIn the context of Chapter 5A, the above definition has been supplemented by a definition specifically applicable to that Chapter. See clause 5A.A.1.\n\n***retailer***\n\nHas the same meaning as in the *National Electricity Law*.\n\nOtherwise, a *Customer* who engages in the activity of selling electricity to end users.\n\n***standard connection service***\n\n***supply service***\n\nHas (in the context of Chapter 5A) the meaning given in clause 5A.A.1\".\n\n17.2 In Chapter 10 of the National Electricity Rules, at the foot of the definition of ***confidential information***, **insert**—\n\nIn the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.\".\n\n17.3 In Chapter 10 of the National Electricity Rules, at the foot of the definition of ***connect, connected, connection***, **insert**—\n\nIn the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.\".\n\n17.4 In Chapter 10 of the National Electricity Rules, at the foot of the definition of ***connection service***, **insert**—\n\nIn the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.\".\n\n17.5 In Chapter 10 of the National Electricity Rules, at the foot of the definition of ***contestable***, **insert**—\n\nIn the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.\".\n\n17.6 In Chapter 10 of the National Electricity Rules, at the foot of the definition of ***Embedded Generator***, **insert**—\n\nIn the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.\".\n\nSch. 3 inserted by No. 24/2016 s. 6.\n\nSchedule 3—Transitional provisions for retail customer connection arrangements\n\nPart 1—Preliminary\n\n\t1 Definitions\n\n(1) In this Schedule—\n\n***applicable regulatory control period***, for a distribution company, means the regulatory control period imposed under the next distribution determination which applies to the distribution company;\n\n***distribution company*** means any of the following companies—\n\n(a) Citipower Pty Ltd (ACN 064 651 056);\n\n(b) Jemena Electricity Networks (Vic) Ltd (ACN 064 651 083);\n\n(c) Powercor Australia Ltd (ACN 064 651 109);\n\n(d) AusNet Electricity Services Pty Ltd (ACN 064 651 118);\n\n(e) United Energy Distribution Pty Limited (ACN 064 651 029);\n\n***next distribution determination***, for a distribution company, means the first distribution determination made after the relevant distribution determination which applies to the distribution company;\n\n***relevant distribution determination*, for a distribution company,** means the 2016‑2020 distribution determination made by the AER under the National Electricity Rules that applies to the distribution company (as amended or substituted from time to time);\n\n***relevant provisions*** means Chapter 5A and Part DA of Chapter 6 of the National Electricity Rules;\n\n***specified date*** means a date specified by the Minister under clause 2(1);\n\n***transition period***, for a distribution company, means the period—\n\n(a) beginning on the day on which section 6 of the **National Electricity (Victoria) Further Amendment Act 2016** comes into operation; and\n\n(b) ending on the day on which the applicable regulatory control period for that distribution company commences.\n\n(2) Words and expressions used in the National Electricity Rules have the same respective meanings in this Schedule as they have in those Rules.\n\n\t2 Minister may specify date for purposes of certain clauses\n\n(1) The Minister, by notice published in the Government Gazette, may specify a date for the purposes of clause 4, 6, 7 or 8.\n\n(2) To avoid doubt, the Minister may specify more than one date under subclause (1) for the purposes of clause 4, 6, 7 or 8, including a date that replaces an earlier specified date.\n\n\t3 Transitional operation of relevant provisions\n\n(1) During the transition period, the relevant provisions operate subject to the exclusions, qualifications and modifications prescribed by this Schedule.\n\n(2) However, the relevant provisions operate without the exclusions, qualifications and modifications prescribed by this Schedule insofar as they relate to a period beyond the transition period.\n\nA distribution company which submits a regulatory proposal for the regulatory control period that follows the distribution company's transition period is bound by the relevant provisions (without exclusion, qualification or modification) in relation to the regulatory proposal even though the proposal is submitted during the transition period.\n\n(3) A transaction commenced by or with a distribution company during the transition period may be continued and completed after the transition period without regard to changes to the rules governing the transaction that take effect at the end of the transition period.\n\n\t4 Extended meaning of some terms\n\nDuring the transition period—\n\n(a) a basic connection service includes not only a connection service for which a model standing offer has been approved by the AER (see paragraph (c) of the definition in clause 5A.A.1 of the National Electricity Rules) but also one for which the AER's approval of a model standing offer is not required; and\n\n(b) a standard connection service includes not only a connection service for which a model standing offer has been approved by the AER (see the definition in clause 5A.A.1 of the National Electricity Rules) but also one for which the AER's approval of a model standing offer is not required; and\n\n(c) a model standing offer includes a document prepared and published by a distribution company, without the AER's approval, as a model standing offer to have effect during the transition period (but not beyond the specified date).\n\nPart 2—Exclusions, qualifications and modifications\n\n\t5 Connection policy\n\nA document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be taken to be the distribution company's connection policy if—\n\n(a) it sets out the circumstances in which connection charges are payable and the basis for determining the amount of such charges; and\n\n(b) it is consistent with—\n\n(i) the connection charge principles and the connection charge guidelines; and\n\n(ii) legislation of Victoria that regulates electricity in Victoria, or any instrument made or issued under or for the purposes of that legislation; and\n\n(iii) the relevant distribution determination for the distribution company (if applicable).\n\n\t6 Model standing offer (basic connection services)\n\n(1) A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be regarded as a model standing offer to provide basic connection services until the specified date if it complies with the requirements of clause 5A.B.2(b) of the National Electricity Rules as to its terms and conditions.\n\n(2) If, before the specified date, the AER approves a model standing offer for the same basic connection services, the approved model standing offer supersedes the former model standing offer.\n\n(3) A distribution company's obligation to have a model standing offer to provide basic connection services (clause 5A.B.1 of the National Electricity Rules) operates during the transition period but the AER's approval of the standing offer is not required until the specified date.\n\n\t7 Model standing offer (standard connection services)\n\n(1) A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be regarded as a model standing offer to provide standard connection services until the specified date if it complies with the requirements of clause 5A.B.4(c) of the National Electricity Rules as to its terms and conditions.\n\n(2) If, before the specified date, the AER approves a model standing offer for the same standard connection services, the approved model standing offer supersedes the former model standing offer.\n\n(3) A distribution company may submit for the AER's approval a proposed model standing offer to provide standard connection services (clause 5A.B.4 of the National Electricity Rules) before the specified date, but the AER's approval of the model standing offer is not required until the specified date.\n\n\t8 Amendment of standing offers\n\nUntil the specified date, a distribution company may amend a standing offer to provide basic connection services or standard connection services by publishing the amendments and the amended text on its Internet site. (This clause applies until the specified date to the exclusion of clause 5A.B.6 of the National Electricity Rules).\n\nPart 3—General provisions\n\n\t9 Connection charges\n\nA distribution company must comply with its connection policy and any other applicable regulatory obligation or requirement when calculating or imposing a connection charge for the transition period.\n\n\t10 References\n\nA reference to any of the relevant provisions in a legislative or other instrument will be construed, during the transition period, as a reference to the provision as modified by this Schedule.\n\n\t11 Authorisation of certain relevant distribution determinations\n\n(1) This clause applies if—\n\n(a) the AER made a relevant distribution determination under the Rules on or after section 6 of the **National Electricity (Victoria) Further Amendment Act 2016** was enacted, but before the commencement of that section; and\n\n(b) the AER made that determination as if the Rules had been amended by Schedule 2.\n\n(2) For the purposes of the National Electricity (Victoria) Law and the Rules, the relevant distribution determination (to the extent it has been made as if the Rules under which the determination was made were the Rules as amended by Schedule 2)—\n\n(a) is taken to be authorised to have been made under the Rules; and\n\n(b) has effect from that commencement subject to that Law or Rules so applying.\n\nSch. 4 inserted by No. 1/2017 s. 18.\n\n","sortOrder":247},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Modifications for wholesale electricity markets and network service providers","content":"Schedule 4—Modifications for wholesale electricity markets and network service providers\n\n **1 Definitions**\n\n1.1 Section 2 of the NEL applies as a law of Victoria as if—\n\n(a) before \"In this Law\" there were inserted \"(1)\"; and\n\nSch. 4 cl. 1.1(b) amended by No. 33/2021 s. 19(1)(2).\n\n(b) the following definitions were inserted in it (in the appropriate alphabetical place)—\n\n\"***civil penalty provision***—see section 2AA(1);\n\n***conduct provision***—see section 2AA(2);\n\n***connection service*** means a connection service within the meaning of the Rules;\n\n***energy ombudsman*** means a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 28 of the *Electricity Industry Act 2000* of Victoria;\n\n***National Gas Law*** means the National Gas Law set out in the Schedule to the *National Gas (South Australia) Act 2008* of South Australia;\n\n***National Gas Rules*** has the same meaning as in the National Gas Law;\n\n***retail customer*** means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition;\n\n***retailer*** has the same meaning as in the *Electricity Industry Act 2000* of Victoria;\n\n***Rule dispute*** means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules;\"; and\n\n(c) for the definition of ***end user*** there were substituted—\n\n\"***end user*** means a person who acquires electricity for consumption purposes, and includes a retail customer;\"; and\n\n(d) the definitions of ***recognised energy industry ombudsman*** and ***relevant participant*** were omitted; and\n\n(e) at the end of the section there were inserted—\n\n\"(2) A reference in this Law to an end user includes a reference to a prospective end user.\".\n\nSch. 4 cl. 2 substituted by No. 33/2021 s. 19(3).\n\n **2 Section 2A substituted and new section 2AA inserted**\n\n2.1 The NEL applies as a law of Victoria as if for section 2A there were substituted—\n\n\"**2A—Meaning of access dispute**\n\nAn access dispute is—\n\n(a) a dispute between a network service user (or prospective network service user) and a network service provider about an aspect of access to an electricity network service specified by the Rules to be an aspect to which Part 10 applies; or\n\n(b) without limiting [paragraph (a)](#id7d17d1f9_aa43_494a_ac1d_9aecdf5b287d_2)—a dispute between a retail customer (or other person specified by the Rules) and a regulated distribution system operator about an aspect of access to a connection service specified by the Rules to be an aspect to which Part 10 applies.\n\n**2AA—Meaning of civil penalty provision and conduct provision**\n\n(1) A civil penalty provision is—\n\n(a) a provision of this Law specified in the Table at the foot of this subsection; or\n\n(ba) a reliability obligation civil penalty provision; or\n\n(c) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision.\n\n**Table**\n\n| **Provision** | **Section heading** |\n| Section 11(1), (2), (3) and (4) | Electricity market activities in this jurisdiction |\n| Section 14A | Regulated transmission system operator must comply with transmission determination |\n| Section 14B | Regulated distribution system operator must comply with distribution determination |\n| Section 14P(1) and (3) | Obligation to report net contract position |\n| Section 18ZC(1) and (2) | Obligation of regulated entities to keep records |\n| Section 18ZD | Obligation of regulated entities to provide information and data about compliance |\n| Section 18ZF(1) and (3) | Compliance audits by regulated entities |\n| Section 28N | Compliance with regulatory information notice that is served |\n| Section 28O | Compliance with general regulatory information order |\n| Section 50D(1) | Network agreement |\n| Section 50F(1), (4) and (5) | Augmentation |\n| Section 53C(3) and (4) | Compliance with market information instrument |\n|  |  |\n|  |  |\n| Section 136 | Compliance with access determination |\n| Section 157(1) | Preventing or hindering access |\n\n(1a) A reliability obligation civil penalty provision is section 14R(2).\n\n(2) A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision.\".\n\n\t3 New section 10A inserted\n\n3.1 The NEL applies as a law of Victoria as if after section 10 there were inserted—\n\n\"**10A—Corporations Act displacement**\n\n(1) The National Electricity (Victoria) Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the *Corporations Act 2001* of the Commonwealth in relation to the provisions of Chapter 5 of that Act.\n\n***relevant provision*** means a provision of the Rules that relates to any of the following:\n\n(a) the application by AEMO of money in any security deposit fund;\n\n(b) the functions of AEMO under procedures relating to defaults by retailers.\".\n\n **4 Electricity market activities in this jurisdiction**\n\n4.1 Section 11 of the NEL applies as a law of Victoria as if—\n\n(a) for the reference to \"section 58\" in the note at the foot of section 11(1) there were substituted \"section 2AA(1)\"; and\n\n(b) for the reference to \"section 58\" in the note at the foot of section 11(2) there were substituted \"section 2AA(1)\"; and\n\n(c) for the reference to \"section 58\" in the note at the foot of section 11(3) there were substituted \"section 2AA(1)\"; and\n\n(d) for the reference to \"section 58\" in the note at the foot of section 11(4) there were substituted \"section 2AA(1)\".\n\n **5 Regulated transmission system operator must comply with transmission determination**\n\n5.1 Section 14A of the NEL applies as a law of Victoria as if for the reference to \"section 58\" in the note at the foot of that section there were substituted  \"section 2AA(1)\".\n\n **6 Regulated distribution system operator must comply with distribution determination**\n\n6.1 Section 14B of the NEL applies as a law of Victoria as if for the reference to \"section 58\" in the note at the foot of that section there were substituted \"section 2AA(1)\".\n\n **7 Functions and powers of AER**\n\n7.1 Section 15(1)(c)(i) of the NEL applies as a law of Victoria as if for the words \"relevant participants\" in that paragraph there were substituted \"persons\".\n\n **8 Manner in which AER performs AER economic regulatory functions or powers**\n\n8.1 Section 16(2)(b) of the NEL applies as a law of Victoria as if after the word \"economic\" in that paragraph there were inserted  \"regulatory\".\n\n **9 Compliance with regulatory information notice that is served**\n\n9.1 Section 28N of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—\n\n **10 Compliance with general regulatory information order**\n\n10.1 Section 28O of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—\n\n **11 Section 28ZD substituted**\n\n11.1 The NEL applies as a law of Victoria as if for section 28ZD there were substituted—\n\n\"**28ZD—Use of information provided under a notice under section 28 or a regulatory information instrument**\n\nThe AER may use information provided to it by a person in compliance with a notice under section 28 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under—\n\n(a) this Law or the Rules; or\n\n(b) the National Gas Law or the National Gas Rules.\".\n\n **12 AER enforcement guidelines**\n\n12.1 Section 28ZF(1) of the NEL applies as a law of Victoria as if—\n\n(a) in paragraph (b), for the reference to \"section 74.\" in that paragraph there were substituted \"section 74; or\"; and\n\n(b) after paragraph (b) there were inserted—\n\n\"(c) accepting an enforceable undertaking under section 59A.\".\n\n **13 New sections 28ZH and 28ZI inserted**\n\n13.1 The NEL applies as a law of Victoria as if after section 28ZG there were inserted—\n\n\"**28ZH—Single documentation**\n\n(1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a document or documents under any of the following:\n\n(a) the National Gas Law;\n\n(b) the National Gas Rules,\n\nfor the same or a similar, related or corresponding purpose.\n\n(2) The AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document.\n\n**Note—**\n\nSee also section 68A of the National Gas Law.\n\n**28ZI—Use of information**\n\n(1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following:\n\n(a) the National Gas Law;\n\n(b) the National Gas Rules.\n\n(2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules.\n\n(3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules.\n\n**Note—**\n\nSee also section 68B of the National Gas Law.\".\n\n **14 Network agreement**\n\n14.1 Section 50D(1) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—\n\nSubsection (1) is a civil penalty provision.\".\n\n **15 Augmentation**\n\n15.1 Section 50F of the NEL applies as a law of Victoria as if for the reference to \"section 58\" in the note at the foot of that section there were substituted \"section 2AA(1)\".\n\n **16 Compliance with market information instrument**\n\n16.1 Section 53C(3) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—\n\nSubsection (3) is a civil penalty provision.\".\n\n16.2 Section 53C(4) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—\n\nSubsection (4) is a civil penalty provision.\".\n\n **17 Disclosure required or permitted by law etc.**\n\n17.1 Section 54C(2) of the NEL applies as a law of Victoria as if for paragraph (f) there were substituted—\n\n\"(f) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end-use consumer information—the energy ombudsman;\".\n\n **18 Omission of section 58**\n\n18.1 The NEL applies as a law of Victoria as if section 58 were omitted.\n\n **19 New Division 1A of Part 6 inserted**\n\n19.1 The NEL applies as a law of Victoria as if after Division 1 of Part 6 there were inserted—\n\n\"**Division 1A—Enforceable undertakings**\n\n**59A—Enforceable undertakings**\n\n(1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules.\n\n(2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER.\n\n(3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under [subsection (4)](#idef1144e4_78de_496b_aad0_779426fe11).\n\n(4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders:\n\n(a) an order directing the person to comply with that term of the undertaking;\n\n(b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach;\n\n(c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;\n\n(d) any other order that the Court considers appropriate.\".\n\n **20 Time limit within which AER may institute proceedings**\n\n20.1 Section 60 of the NEL applies as a law of Victoria as if—\n\n(a) before \"A proceeding\" there were inserted \"(1)\"; and\n\n(b) for the words \"relevant participant\" in that section there were substituted \"person\"; and\n\n(c) at the end of that section there were inserted—\n\n\"(2) A person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.\".\n\n **21 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences**\n\n21.1 Section 61(1), (2), (3) and (4) of the NEL applies as a law of Victoria as if for the words \"relevant participant\" (wherever occurring in those subsections) there were substituted \"person\".\n\n **22 New sections 61A and 61B inserted**\n\nSch. 4 cl. 22.1 amended by No. 33/2021 s. 19(4).\n\n22.1 The NEL applies as a law of Victoria as if after section 61 there were inserted—\n\n\"**61A—Proceedings for declaration that a person has breached a conduct provision**\n\n(1) The Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision.\n\n(2) If the order declares a person has breached a conduct provision, the order may include one or more of the following:\n\n(a) an order that the person cease, within a specified period, the act, activity or practice constituting the breach;\n\n(b) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach;\n\n(c) an order that the person implement a specified program for compliance with this Law, the Regulations and the Rules;\n\n(d) an order of a kind prescribed by the Regulations.\n\n(3) If a person has engaged, or is engaging or proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction—\n\n(a) restraining the first mentioned person from engaging in the conduct; and\n\n(b) if, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something.\n\n(4) The power of the Court under [subsection (3)](#id3812e4d1_e9ed_4587_9667_78d0ae4dfd) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised—\n\n(a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or\n\n(b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.\n\n**61B—Actions for damages by persons for breach of conduct provisions**\n\nA person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.\".\n\n **23 Matters for which there must be regard in determining amount of civil penalty**\n\n23.1 Section 64 of the NEL applies as a law of Victoria as if for the words \"relevant participant\" (wherever occurring in that section) there were substituted \"person\".\n\n **24 Conduct in breach of more than one civil penalty provision**\n\n24.1 Section 67(1) and (2) of the NEL applies as  \na law of Victoria as if for the words \"relevant participant\" (wherever occurring in those subsections) there were substituted \"person\".\n\n **25 Section 68 substituted and new section 68A inserted**\n\n25.1 The NEL applies as a law of Victoria as if for section 68 there were substituted—\n\n\"**68—Persons involved in breach of civil penalty provision or conduct provision**\n\n(1) A person must not—\n\n(a) aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or\n\n(b) be in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil penalty provision or conduct provision by another person.\n\n(2) This Law applies to a person who breaches [subsection (1)](#id78b65db2_9ea6_486a_b765_071e148f31) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision.\n\n**68A—Attempt to breach civil penalty provision**\n\nA person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.\".\n\n **26 Civil penalties payable to the Commonwealth**\n\n26.1 Section 69 of the NEL applies as a law of Victoria as if for the words \"relevant participant\" in that section there were substituted \"person\".\n\n **27 Power to serve a notice**\n\n27.1 Section 74(1) and (2) of the NEL applies as  \na law of Victoria as if for the words \"relevant participant\" (wherever occurring in those subsections) there were substituted \"person\".\n\n **28 Form of notice**\n\n28.1 Section 75(i) of the NEL applies as a law of Victoria as if for the words \"relevant participant\" in that paragraph there were substituted \"person\".\n\n **29 Withdrawal of notice**\n\n29.1 Section 79(1) and (2) of the NEL applies as  \na law of Victoria as if for the words \"relevant participant\" (wherever occurring in those subsections) there were substituted \"person\".\n\n **30 Payment expiates breach of civil penalty provision**\n\n30.1 Section 81 of the NEL applies as a law of Victoria as if for the words \"relevant participant\" in that section there were substituted \"person\".\n\n **31 Conduct in breach of more than one civil penalty provision**\n\n31.1 Section 83(1) and (2) of the NEL applies as  \na law of Victoria as if for the words \"relevant participant\" (wherever occurring in those subsections) there were substituted \"person\".\n\n **32 Section 86 substituted**\n\nSch. 4 cl. 32.1 amended by No. 33/2021 s. 19(5).\n\n32.1 The NEL applies as a law of Victoria as if for section 86 there were substituted—\n\n\"**86—Corporations also in breach if officers and employees are in breach**\n\nIf an officer or employee of a corporation commits an act, which is within the scope of the actual or apparent authority of the officer or employee, that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the Regulations or the Rules, the corporation is taken to have contravened that provision.\".\n\n **33 AEMC may make Rules that are consequential to a Rule request**\n\n33.1 Section 91B of the NEL applies as a law of Victoria as if for subsection (1) of that section there were substituted—\n\n\"(1) Despite section 91(2), the AEMC may, having regard to a request to make a Rule under section 91(1), make a Rule under this Law or the National Gas Law that is necessary or consequential, or corresponds, to the Rule.\".\n\n **34 Immunity in relation to failure to supply electricity**\n\n34.1 Section 120 of the NEL applies as a law of Victoria as if—\n\n(a) after subsection (2) of that section there were inserted—\n\n\"(2A) Subsection (2) does not apply in relation to an agreement between a retailer, or a regulated distribution system operator, and a person who  \nis a small customer.\"; and\n\n(b) in subsection (4) of that section the following definitions were inserted (in the appropriate alphabetical place)—\n\n\"***business customer*** means a customer who is not a residential customer;\n\n***business premises*** means premises of a business customer, other than premises used solely or principally for personal, household or domestic use;\n\n***customer*** means a person—\n\n(a) to whom electricity is sold for premises by a retailer; or\n\n(b) who proposes to purchase electricity for premises from a retailer;\n\n***residential customer*** means a customer who purchases electricity principally for personal, household or domestic use at premises;\n\n***small customer*** means a customer—\n\n(a) who is a residential customer; or\n\n(b) who is a business customer who consumes less than the prescribed amount of electricity at business premises;\".\n\n **35 Compliance with access determination**\n\n35.1 Section 136 of the NEL applies as a law of Victoria as if at the foot of that section there were inserted—\n\n **36 Preventing or hindering access**\n\n36.1 Section 157(1) of the NEL applies as a law of Victoria as if at the foot of that subsection there were inserted—\n\nSubsection (1) is a civil penalty provision.\".\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: 24 February 2005*\n\n*Legislative Council: 24 March 2005*\n\nThe long title for the Bill for this Act was \"to make provision for the operation of the national electricity market, to repeal the **National Electricity (Victoria) Act 1997**, to amend the **Electricity Industry Act 2000**, the **Electricity Industry (Residual Provisions) Act 1993** and the **Interpretation of Legislation Act 1984** and for other purposes.\"\n\n**Constitution Act 1975:**\n\n*Section 85(5) statement:*\n\n*Legislative Assembly: 24 February 2005*\n\n*Legislative Council: 24 March 2005*\n\n*Absolute majorities:*\n\n*Legislative Assembly: 23 March 2005*\n\n*Legislative Council: 20 April 2005*\n\nThe **National Electricity (Victoria) Act 2005** was assented to on 27 April 2005 and came into operation on 1 July 2005: Special Gazette (No. 120) 28 June 2005 page 2.\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 **National Electricity (Victoria) Act 2005** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 2007, No. 28/2007**\n\n| Assent Date: | 26.6.07 |\n| Commencement Date: | S. 3(Sch. item 44) on 27.6.07: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**National Electricity (Victoria) Amendment Act 2007, No. 66/2007** (as amended by No. 59/2008)\n\n| Assent Date: | 11.12.07 |\n| Commencement Date: | S. 6 on 12.12.07: s. 2(2); ss 3–4 on 1.1.08: Government Gazette 20.12.07 p. 3118; s. 5 on 1.1.09: s. 2(3) |\n\n**Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009**\n\n| Assent Date: | 17.6.09 |\n| Commencement Date: | Ss 3, 4 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009, No. 41/2009**\n\n| Assent Date: | 5.8.09 |\n| Commencement Date: | S. 15 on 1.11.09: Government Gazette 29.10.09 p. 2729 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Energy and Resources Legislation Amendment Act 2010, No. 55/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | Ss 38–44 on 14.10.10: Government Gazette 14.10.10 p. 2404 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | S. 29 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011, No. 64/2011**\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | Ss 23, 24 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Australian Consumer Law and Fair Trading Act 2012, No. 21/2012**\n\n| Assent Date: | 8.5.12 |\n| Commencement Date: | S. 239(Sch. 6 item 29) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Energy Legislation Amendment Act 2012, No. 51/2012**\n\n| Assent Date: | 18.9.12 |\n| Commencement Date: | Ss 10, 11 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, No. 11/2013**\n\n| Assent Date: | 13.3.13 |\n| Commencement Date: | Ss 11–19 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2 |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 33) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**National Electricity (Victoria) Amendment Act 2015, No. 46/2015**\n\n| Assent Date: | 22.9.15 |\n| Commencement Date: | Ss 3, 4 on 1.11.15: Special Gazette (No. 317)   27.10.15 p. 1 |\n\n**National Electricity (Victoria) Further Amendment Act 2016, No. 24/2016**\n\n| Assent Date: | 10.5.16 |\n| Commencement Date: | Ss 3–6 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 |\n\n**Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017**\n\n| *Assent Date:* | 14.2.17 |\n| *Commencement Date:* | Ss 16–18 on 1.1.18: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019**\n\n| *Assent Date:* | 2.7.19 |\n| *Commencement Date:* | S. 185 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019**\n\n| *Assent Date:* | 20.8.19 |\n| *Commencement Date:* | S. 26 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020**\n\n| *Assent Date:* | 25.2.20 |\n| *Commencement Date:* | S. 56 on 1.1.21: s. 2(2) |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**National Electricity (Victoria) Amendment Act 2020, No. 10/2020**\n\n| *Assent Date:* | 24.3.20 |\n| *Commencement Date:* | Ss 3, 4 on 25.3.20: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**National Energy Legislation Amendment Act 2020, No. 28/2020**\n\n| *Assent Date:* | 20.10.20 |\n| *Commencement Date:* | S. 3 on 27.10.20: Special Gazette (No. 546) 27.10.20 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Energy Legislation Amendment (Licence Conditions) Act 2020, No. 37/2020**\n\n| *Assent Date:* | 1.12.20 |\n| *Commencement Date:* | S. 20 on 2.12.20: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Energy Legislation Amendment Act 2021, No. 33/2021**\n\n| Assent Date: | 14.9.21 |\n| Commencement Date: | Ss 18, 19 on 15.9.21: s. 2(1); ss 16, 17 on 1.6.22: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021**\n\n| *Assent Date:* | 19.10.21 |\n| *Commencement Date:* | Ss 129–131 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**Energy Legislation Amendment Act 2023, No. 24/2023**\n\n| *Assent Date:* | 5.9.23 |\n| *Commencement Date:* | Ss 3, 4 on 6.9.23: s. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**National Electricity (Victoria) Amendment (VicGrid) Act 2024, No. 15/2024**\n\n| *Assent Date:* | 14.5.24 |\n| *Commencement Date:* | Ss 4–8 on 15.5.24: s. 2(1); ss 9, 10 on 5.3.25: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n**National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025, No. 38/2025**\n\n| *Assent Date:* | 16.9.25 |\n| *Commencement Date:* | Ss 4–36(1), 37–57 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 **National Electricity (Victoria) Act 2005** |\n\n**Energy and Other Legislation Amendment (Resilience Reforms and Other Matters) Act 2026, No. 9/2026**\n\n| *Assent Date:* | 11.3.26 |\n| *Commencement Date:* | Ss 16–27 on 12.3.26: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **National Electricity (Victoria) Act 2005** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":248}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":741},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially beyond its original 2005 purpose of simply adopting the national electricity law in Victoria. Major expansions include: the 2024-2025 VicGrid reforms creating an entirely new state-owned transmission planner and operator; the renewable energy zone and grid impact authority schemes; comprehensive landholder payment and community benefits frameworks; and multiple dedicated funds. The Act now functions as Victoria's integrated electricity transition legislation, combining grid planning, connection management, economic regulation, and community benefit distribution."},"complexity_factors":["Extensive cross-referencing with the National Electricity Law and National Electricity Rules (adopted from South Australia)","Multiple layers of modification — the Act modifies national rules, which are themselves modified by Victorian-specific provisions","Numerous defined terms (over 100 in section 3 alone) with complex interdependencies","Nested conditional logic throughout, especially in Parts 5-7 with multiple eligibility criteria and exceptions","Extensive transitional provisions dealing with transfers from AEMO to VicGrid and from former administrative arrangements","Multiple ministerial and VicGrid discretions with consultation requirements and procedural steps","Technical regulatory concepts (distribution determinations, regulatory control periods, pass-through events, building block amounts)","Schedules containing detailed tabular data and formulas for calculations","Recent substantial amendments (2024-2025) layered on existing complex structure","Interaction with multiple other Acts including State Owned Enterprises Act, Essential Services Commission Act, and Commonwealth competition law"],"plain_english_summary":"**What this legislation does:**\n\nThis is Victoria's main law for electricity, which adopts the national electricity rules but with significant Victorian-specific modifications. It establishes **VicGrid** as a new state-owned body corporate that takes over key functions previously performed by AEMO (the Australian Energy Market Operator) for Victoria's transmission network.\n\n**Key things the Act covers:**\n\n- **VicGrid's role**: Planning and building major transmission infrastructure, managing connections to the grid, running the \"renewable energy zone\" (REZ) scheme, and paying landholders whose property is used for transmission lines\n\n- **Renewable Energy Zones**: Declaring areas where large-scale solar, wind and storage projects can connect to the grid, with a new \"REZ scheme authority\" system to manage connections\n\n- **Grid impact authorities**: A new permit system for generators wanting to connect outside REZs or make changes to their facilities\n\n- **Landholder payments**: Compulsory annual payments to landowners (and traditional owners) whose property hosts transmission infrastructure\n\n- **Community benefits funds**: Two dedicated funds — the REZ Community Energy Fund and the Traditional Owners Fund — financed by fees from REZ scheme participants\n\n- **Economic regulation**: How the Australian Energy Regulator (AER) sets prices for distribution networks, with various Victorian-specific modifications and transitional arrangements\n\n**Who it affects:**\n\n- Electricity generators and storage projects wanting to connect to the grid\n- Landholders with transmission infrastructure on their property\n- Distribution network businesses (the \"poles and wires\" companies)\n- Energy retailers and large electricity users\n- Traditional owners and regional communities\n\n**Why it matters:**\n\nThis is the legal framework for Victoria's transition to renewable energy. It creates the institutional structure (VicGrid) and planning processes needed to build the transmission infrastructure required to connect new solar and wind farms, while ensuring affected communities and landholders receive compensation and benefits."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have maintained its original purpose as a jurisdictional adoption mechanism for the national electricity framework. Version history shows it has been updated (consolidated version exists) but the core scope — applying national electricity law in Victoria — does not appear to have materially changed from its original intent as enacted in 2005."},"complexity_factors":["Incorporates external legislative instruments by reference (the National Electricity Law and National Electricity Rules), meaning the full legal picture requires reading multiple documents","Part of a complex multi-jurisdictional framework involving Commonwealth, state, and territory cooperation","The underlying National Electricity Rules are extremely technical and frequently amended, adding indirect complexity","The provided text appears to be a version history/metadata excerpt rather than the full Act, limiting full analysis","Regulatory scope intersects with multiple bodies including the Australian Energy Market Operator (AEMO) and the Australian Energy Regulator (AER)"],"plain_english_summary":"## National Electricity (Victoria) Act 2005\n\nThis Victorian law connects Victoria to the **national electricity framework** that governs how electricity is generated, transmitted, and sold across Australia's eastern and southern states.\n\n### What it does\n- It gives legal force in Victoria to the **National Electricity Law** and the **National Electricity Rules** — the rulebook that governs Australia's electricity market (known as the National Electricity Market, or NEM).\n- It ensures that electricity companies, network operators, and market participants operating in Victoria must follow the same national rules as those in NSW, Queensland, South Australia, and other participating states.\n\n### Who it affects\n- **Electricity retailers and generators** operating in Victoria\n- **Network operators** (the companies that own and run power poles and wires)\n- **Large energy users** (businesses with significant electricity needs)\n- **Ordinary consumers** — indirectly, because the rules governing the market affect electricity prices and reliability\n\n### Why it matters\nWithout this Act, Victoria could not legally participate in the national electricity grid framework. It is essentially the legal 'connector plug' that makes Victoria part of the unified Australian electricity market. This affects the price you pay for power, how reliably electricity is delivered, and how disputes in the sector are handled."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Originally a short Act (5 pages) to adopt the national electricity law, it has expanded to over 350 pages with detailed rules for transmission planning, renewable energy zones, grid connection authorities, landholder compensation, and community benefit funds, giving the Victorian government extensive control over electricity infrastructure."},"complexity_factors":["Over 200 sections and multiple schedules","Extensive use of defined terms (more than 50 in definitions section alone)","Heavy cross-referencing to the National Electricity Law (South Australia) and Rules","Multiple layers of modifications (Parts 3, 3A, schedules)","Conditional logic: many provisions apply 'despite anything to the contrary' in other laws","Exceptions to exceptions (e.g., Division 2A feed-in tariff modifications)","Transitional provisions for multiple amendment acts","Incorporation by reference of external documents"],"plain_english_summary":"This Act is the main Victorian law that brings the national electricity market rules into force in Victoria. It sets up how electricity generators, transmission networks, and distribution networks operate here. It creates a government body called VicGrid to plan transmission infrastructure (like big power lines) and manage connections to the grid, especially for renewable energy zones. It also introduces new systems for paying landholders who have transmission lines on their property, and creates funds to benefit communities and traditional owners. The Act gives the Minister and VicGrid powers to modify how the national rules apply in Victoria, for example to set up special schemes for fire prevention (f-factor) or to manage the roll-out of smart meters. It affects electricity companies (transmission and distribution), generators, developers wanting to connect to the grid, landholders, and energy consumers. It matters because it shapes how Victoria's electricity grid is upgraded to accommodate renewable energy, how costs are shared, and how communities are compensated."}},"importantCases":[],"_links":{"self":"/api/acts/national-electricity-victoria-act-2005","history":"/api/acts/national-electricity-victoria-act-2005/history","analysis":"/api/acts/national-electricity-victoria-act-2005/analysis","conflicts":"/api/acts/national-electricity-victoria-act-2005/conflicts","importantCases":"/api/acts/national-electricity-victoria-act-2005/important-cases","documents":"/api/acts/national-electricity-victoria-act-2005/documents"}}