Electricity Industry Act 2000

Division 5A—Terms and conditions for the purchase of small renewable energy generation electricity 100

40F Definitions 100

40FA Meaning of premium solar feed-in tariff terms and conditions 111

40FAB Meaning of transitional feed-in scheme tariff terms and conditions 113

40FB Meaning of general renewable energy feed-in terms and conditions 115

40FBA Rates for purchases of small renewable energy generation electricity 116

40FC Meaning of premium solar feed-in tariff period 117

40FCA Meaning of TFiT scheme period 118

40FD Application of premium solar feed-in tariff and TFiT scheme terms and conditions obligations 119

40FE Minister may declare the declared scheme capacity day 119

40FEA Minister may declare TFiT scheme end day 120

40FF Relevant licensee condition relating to premium solar feed-in tariff and TFiT scheme tariff 121

40FG Small retail licensees may offer to purchase qualifying solar energy generation electricity or TFiT scheme electricity 121

40FH Distribution company licences to require credits for qualifying solar energy generation electricity and TFiT scheme electricity 123

40FI Pass through of costs associated with credits for qualifying solar energy generation electricity 124

40FJ Distribution companies to report annually on connected qualifying solar energy generating facilities 124

40G Retailer licence condition relating to purchase of small renewable energy generation electricity 126

40GA Unilateral variation of general renewable energy feed-in terms and conditions prohibited 127

40H When do published feed-in offers take effect? 128

40I Reference of small renewable energy generation electricity feed‑in offers to Commission 129

40J Commission assessment of small renewable energy generation feed-in terms or conditions 131

40K Certain Commission assessment reports to be made publicly available 134

40L Commission determination of small renewable energy generation prices, terms and conditions 134

40M Declaration of small renewable energy generation electricity general feed-in terms and conditions 135

40MAA Relevant licensee must input declared general feed-in terms and conditions into Minister nominated Internet site 136

40MA Declaration of qualifying solar energy generation electricity premium solar feed‑in terms and conditions 137

40MAB Declaration of TFiT scheme terms and conditions 137

40MB When do declared ESC recommended feed-in terms or conditions take effect? 138

40MC When do declared ESC determined feed‑in terms or conditions take effect? 139

40MD Licence condition applying to relevant licensee named in Ministerial declaration 140

40ME Licence condition applying to small retail licensee named in Ministerial declaration 141

40N Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers 141

40NA Retailer Internet site must be up to date for premium solar feed-in tariff offers 142

40NB Retailer Internet site must be up to date for transitional feed‑in tariff offers 143

Division 5B—Condition relating to greenhouse gas emissions and energy efficiency benchmarking information 145

40O Definitions 145

40P Meaning of bill benchmarking information 145

40Q Declaration of residential customers 146

40R Condition relating to greenhouse gas emissions and energy efficiency benchmarking information 146

40S Commission guidelines relating to greenhouse gas emissions information condition 147

Division 5BA—Offshore wind energy generation companies 147

40SAA Minister may declare an offshore wind energy generation company 147

Division 5C—Disconnection of supply of electricity 148

Subdivision 1—Preliminary 148

40SA Definitions 148

40SB Meaning of relevant customer 153

40SC Objects 154

Subdivision 2—Offences 154

40SD Knowingly or recklessly disconnecting supply of electricity at premises 154

40SE Disconnection of supply of electricity at premises 155

40SF Knowingly or recklessly disconnecting supply of electricity at premises of life support customer 155

40SG Life support customers and residents—retailer obligations when advised or notified 157

40SH Life support customers and residents—retailer obligations when advised by distribution company or gas distribution company 160

40SI Life support customers and residents—retailer obligations when advised by exempt electricity sellers 161

40SJ Life support customers and residents—exempt electricity seller obligations when advised by relevant customer 162

40SK Life support customers and residents—exempt electricity seller obligations when advised by exempt distributor 164

Subdivision 3—Permitted grounds for disconnection 165

40SL Supply of electricity may be disconnected by agreement or on notice from relevant customer 165

40SM Supply of electricity may be disconnected for non‑payment of bill or failure to comply with terms of relevant assistance 166

40SN Supply of electricity may be disconnected for failure to pay security deposit 167

40SO Supply of electricity may be disconnected for refusal to provide acceptable identification 168

40SP Supply of electricity may be disconnected if access to meter denied 169

40SQ Supply of electricity may be disconnected if there is taking of electricity without notification by customer 171

40SR Supply of electricity may be disconnected in the prescribed circumstances 172

40SS Restrictions on retailer or exempt electricity seller disconnecting supply of electricity 172

Subdivision 4—Disconnection for fraudulent or illegal taking of electricity 173

40ST Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—retailers 173

40SU Supply of electricity may be disconnected if electricity taken by fraudulent or illegal means—exempt electricity sellers 175

Subdivision 5—Register of life support customers and residents 177

40SV Register of life support customers and residents 177

Subdivision 6—Miscellaneous 178

40SW Alternative verdict for charge of knowingly or recklessly disconnecting supply of electricity at premises 178

Division 6—Hardship policies 178

41 Definitions 178

42 Objects 179

43 Financial hardship policies 180

43A Review of financial hardship policy at the direction of Commission 180

43B Licensee may submit variation to, or replacement of, financial hardship policy for approval 181

43C Content of financial hardship policies 181

44 Commission may develop guidelines 182

45 Commission approval 183

Division 6A—Advanced metering infrastructure 185

46B Definitions 185

46C Licence condition requiring compliance with Order 186

46CA Exempt seller condition requiring compliance with Order 187

46D Orders in relation to advanced metering infrastructure 187

46DA Interrelationship of Orders and other provisions relating to tariffs 197

46E General powers in relation to Orders 197

Division 7—Community services agreements 199

47 Community services 199

48 Transitional provision relating to community services 199

49 Commission may decide certain matters 200

Division 8—Victorian specific retailer of last resort processes 201

49A Definitions 202

49B Effect of issue of RoLR event on licence held by a failed national retailer 202

49C Certain information to be provided to AER and AEMO by the Commission 203

Division 9—Trial waivers 203

Subdivision 1—Interpretation 203

51 Definitions 203

52 Innovative trial principles 205

Subdivision 2—Trial waiver orders 206

53 Order in Council in relation to trial waivers 206

Subdivision 3—Grant of trial waivers 207

54 Trial waiver 207

55 Conditions of trial waiver 208

56 Consultation on trial waiver 209

57 Publication of trial waiver 209

58 Duration of trial waiver 209

Subdivision 4—Extension of trial waivers 209

59 Extension of trial waiver 209

Subdivision 5—Variation and revocation of trial waivers 210

60 Variation of trial waiver, or conditions of trial waiver, by Commission 210

61 Variation of trial waiver, or conditions of trial waiver, by agreement 213

62 Revocation of trial waiver 213

Subdivision 5A—Compliance 213

62A Compliance with conditions of trial waiver 213

Subdivision 6—Trial project guidelines 214

63 Preparation and issue of trial project guidelines 214

64 Amendment of trial project guidelines 215

65 Consideration of AER trial project guidelines 215

Subdivision 7—Information sharing with the AER 216

66 Information disclosure 216

Subdivision 8—Miscellaneous 216

67 Register of trial waivers 216

68 Trial waiver not personal property 217

Part 4—Protection of critical electricity infrastructure 218

79 Being on premises or land or in enclosure where there is critical electricity infrastructure prohibited 218

80 Unauthorised interference with critical electricity infrastructure plant or equipment or vehicles 218

Part 5—Powers of electricity corporations 220

Division 1—Preliminary 220

85 Definitions 220

Division 2—Easements and acquisition of certain land 222

86 Power to acquire easements with approval of Governor in Council 222

86A Acquisition of easement—easement in gross 223

87 Acquisition of land within Latrobe area 223

88 Making of easements in subdivisions 224

89 Certain easements may be used for carriage service 224

90 Easements over lands held by Crown licensees or lessees 225

91 Arrangements for joint use of easements 225

92 Cancellation of easements 226

Division 3—Works 227

Subdivision 1—Preliminary 227

92A Definitions 227

Subdivision 2—General powers and duties relating to works 228

93 Powers as to works etc. 228

93A Safety duties in relation to works on or in immediate vicinity of rail infrastructure or rolling stock 231

93B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock 232

Subdivision 3—Further statutory power of entry 233

93BA Authorisation by Minister 233

93BB Identification cards 233

93BC Power to enter land 234

93BD Notice of proposed entry must be given in advance 235

93BE Entry must be proportionate 238

Subdivision 4—Entry in accordance with court order 239

93BF What is an entry order? 239

93BG Authorised officer may apply for entry order 240

93BH Authorised officer must serve notice of application for entry order 241

93BI Owner or occupier may object to application for entry order 243

93BJ Magistrates' Court may extend or abridge the time within which an objection may be made 243

93BK How Magistrates' Court is to determine application for entry order 244

93BL Magistrates' Court may make entry order 245

93BM Authorised officer must serve order 247

Subdivision 5—Provisions applicable to entry under Subdivision 3 or 4 249

93BN References to relevant authority 249

93BO Notice must be given on entry 249

93BP Identification card must be carried and produced on request 250

93BQ Authorised officer may direct person to identify themselves 251

93BR Authorised officer may give warning or direction 252

93BS Authorised activities must not be hindered, obstructed or delayed 253

Subdivision 6—Miscellaneous 254

93BT Impersonation of authorised officers 254

93BU Service 255

93BV Power to serve an infringement notice 256

93BW Infringement penalties 256

93BX No double jeopardy 257

Division 4—Miscellaneous 258

93C Notification of electricity corporations before railway operations carried out 258

94 Rateability of certain property 259

Part 6—Electricity supply emergency provisions 263

Division 1—Emergency provisions 263

95 Proclamation that this Part applies 263

96 Powers of Minister 263

97 Offences 267

98 Judicial notice 270

99 Immunity from suit 270

99A Corporations Act displacement 270

Division 2—Enforcement 271

100 Powers of entry—enforcement 271

101 Occupier to be given copy of consent 271

102 Search warrant 271

103 Announcement before entry 273

104 Copy of warrant to be given to occupier 273

105 Person authorised by Energy Safe Victoria can bring proceedings 274

Division 3—Infringement notices 274

106 Definition 274

107 Power to serve a notice 275

109 Infringement penalties 275

Part 6A—Compliance and enforcement reporting 276

109A Compliance and enforcement report—retailers 276

109B Performance indicators for compliance and enforcement reports 278

109C Reporting of systemic issues referred to Commission 279

Part 6AB—Electricity outage emergency directions 282

109D Definitions 282

109E Power to give emergency direction 283

109F Matters to be considered and things to be done before the giving of emergency direction 286

109G Period of effect of emergency direction 287

109H Extension of effect of emergency direction 287

109I Compliance with emergency direction 287

109J Direction of Minister under section 96 prevails over emergency direction 287

109K Register of emergency directions 288

109L Disclosure of information related to affected customers to certain public sector entities 288

109M Delegation 289

Part 7—General 290

Division 1—General enforcement 290

116AA Offence to give false or misleading information or documents 290

116AAB Monetary benefits orders 291

116AAC Determining amount to be paid under monetary benefits order 291

116AAD Recovery of amounts ordered to be paid 293

116AAE Adverse publicity orders 293

Division 2—Miscellaneous 294

116 Delegation by Minister 294

118 Supreme Court—limitation of jurisdiction 294

119 Regulations 294

Part 8—Savings and transitionals 296

120 Transitional provision—Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013 296

121 Savings provision—Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017 296

122 Savings and transitional provisions—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 297

123 Savings and transitional provisions—Regulatory Legislation Amendment (Reform) Act 2025 297

124 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025 298

Schedule 299

Endnotes 301

1 General information 301

2 Table of Amendments 303

3 Explanatory details 314

Version No. 105

Electricity Industry Act 2000

No. 68 of 2000

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to regulate the electricity supply industry.

2 Commencement

(1) Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 19(5) comes into operation on a day to be proclaimed.

(3) Section 83 comes into operation on a day to be proclaimed.

(4) The remaining provisions of this Act come into operation on 1 January 2001.

(5) If section 83 does not come into operation before 31 December 2001, it comes into operation on that day.

3 Definitions

In this Act—

S. 3 def. of ACCC amended by Nos 32/2001 s. 28(1)(a), 21/2012 s. 239(Sch. 6 item 15.1).

ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Commission or a Division of the Commission performing functions of the Commission;

S. 3 def. of Adminis–trative Office inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.

S. 3 def. of AEMC inserted by No. 59/2008 s. 3(1).

AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;

S. 3 def. of AEMO inserted by No. 23/2009 s. 5(1).

AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);

S. 3 def. of AER inserted by No. 33/2021 s. 3(1).

AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;

S. 3 def. of affected licensee inserted by No. 37/2020 s. 3.

affected licensee means—

(a) a licensee whose licence in relation to which the Minister proposes to make an Order under section 33AB(1) specifying a condition to which the licence is to be subject; or

(b) a licensee whose licence is subject to a Ministerial licence condition which the Minister proposes to vary or revoke under an Order under section 33AB(1);

S. 3 def. of associate inserted by No. 18/2024 s. 19(a).

associate, in relation to a failed retailer, has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act if sections 13, 16(2) and 17 did not form part of that Act;

S. 3 def. of CEO VicGrid inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.

S. 3 def. of CEO VicGrid authorised representative inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.

S. 3 def. of Code of Practice inserted by No. 49/2015 s. 3.

Code of Practice means a Code of Practice applying to the electricity industry under Part 6 of the Essential Services Commission Act 2001 or under this Act;

S. 3 def. of Commission inserted by No. 62/2001 s. 70(a).

Commission means the Essential Services Commission established under the Essential Services Commission Act 2001;

S. 3 def. of company substituted by No. 44/2001 s. 3(Sch. item 34.1(a)).

company means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;

S. 3 def. of corporation amended by No. 44/2001 s. 3(Sch. item 34.1(b)).

corporation has the same meaning as in the Corporations Act;

S. 3 def. of critical electricity infrastructure inserted by No. 72/2009 s. 4.

critical electricity infrastructure means—

(a) a critical generation facility; or

(b) a related coal mine; or

(c) a substation, terminal station or distribution system or transmission system switchyard;

Electricity is converted, transformed and controlled at a substation, terminal station, or distribution system or transmission system switchyard.

S. 3 def. of critical generation facility inserted by No. 72/2009 s. 4.

critical generation facility—

(a) means a generation facility that—

(i) generates electricity; and

(ii) has an installed or name plate generation capacity of 1000 kVA or greater; and

(b) includes a water storage facility associated with a generation facility referred to in paragraph (a);

S. 3 def. of declared transmission system operator inserted by No. 10/2020 s. 5.

declared transmission system operator has the meaning given by section 33 of the National Electricity (Victoria) Act 2005;

S. 3 def. of deemed Ministerial licence condition inserted by No. 37/2020 s. 3.

deemed Ministerial licence condition means a Ministerial licence condition to which section 33AI(1) or (2) applies;

distribution company means a person who is the holder of a licence to distribute electricity;

S. 3 def. of domestic or small business customer inserted by No. 59/2008 s. 3(1).

domestic or small business customer means a person, or a member of a class of persons, to whom an Order under section 35(5) applies;

S. 3 def. of electricity bill inserted by No. 91/2004 s. 3, substituted by No. 28/2021 s. 6.

electricity bill means—

(a) in this Act (except Division 5C of Part 2), a bill or an account issued by a licensee to a customer for the supply or sale of electricity; and

(b) in Division 5C of Part 2, a bill or an account issued by a retailer or an exempt electricity seller (within the meaning of that Division) to a relevant customer (within the meaning of that Division) for the supply or sale of electricity;

S. 3 def. of Energy Safe Victoria inserted by No. 12/2023 s. 4(1).

Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;

S. 3 def. of enforcement officer amended by No. 13/2025 s. 96(Sch. 3 item 3).

enforcement officer means a person appointed as an authorised officer under Part 11 of the Electricity Safety Act 1998;

S. 3 def. of failed retailer inserted by No. 18/2024 s. 19(a).

failed retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

generation company means a person who is the holder of a licence to generate electricity for supply or sale;

S. 3 def. of industry code inserted by No. 41/2021 s. 40.

industry code does not include a Code of Practice;

S. 3 def. of insolvency official inserted by No. 18/2024 s. 19(a).

insolvency official has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

licence means a licence issued under Part 2;

S. 3 def. of licensee amended by No. 3/2014 s. 3.

licensee means the holder of a licence issued under Part 2;

S. 3 def. of licensee standing offer inserted by No. 59/2008 s. 3(1), amended by No. 28/2021 s. 13.

licensee standing offer means—

(a) the tariffs fixed under an Order in force under section 13 or determined under a price determination in force under such an Order or, if there are no such tariffs, the tariffs determined by a licensee under section 35(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee as provided for under section 35(3); and

(b) the terms and conditions determined by a licensee and approved by the Commission under section 35(1) and published in the Government Gazette in accordance with that subsection, as varied from time to time by the licensee and approved by the Commission as provided for under section 35(4);

S. 3 def. of MCE inserted by No. 59/2008 s. 3(1), substituted by No. 13/2022 s. 66.

MCE means the group of Ministers, constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described) responsible for energy matters at a national level that is comprised of the following 9 Ministers—

(a) one Minister from the Commonwealth;

(b) one Minister from each State;

(c) one Minister from each Territory—

which acts in accordance with its own procedures;

S. 3 def. of Ministerial licence condition inserted by No. 37/2020 s. 3.

Ministerial licence condition—

(a) means a condition specified under an Order under section 33AB(1) to which a licence, or a specified class of licence, is to be subject; and

(b) includes a condition referred to in paragraph (a) as varied under an Order under section 33AB(1);

S. 3 def. of National Electricity Code substituted as National Electricity Rules by No. 8/2005 s. 14(1).

National Electricity Rules has the same meaning as in the National Electricity (Victoria) Law;

S. 3 def. of national retailer inserted by No. 18/2024 s. 19(a).

national retailer has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

S. 3 def. of negotiated connection contract inserted by No. 37/2020 s. 3.

negotiated connection contract has the meaning given by clause 5A.C.1 of the National Electricity Rules;

S. 3 def. of NEMMCO repealed by No. 23/2009 s. 5(2).

S. 3 def. of Office repealed by No. 62/2001 s. 70(b).

S. 3 def. of offshore wind energy generation company inserted by No. 14/2024 s. 19.

offshore wind energy generation company means a person declared to be an offshore wind energy generation company under section 40SAA;

S. 3 def. of public sector employee inserted by No. 38/2025 s. 62A.

public sector employee has the same meaning as in the Public Administration Act 2004;

S. 3 def. of Register of Exempt Persons inserted by No. 1/2017 s. 7.

Register of Exempt Persons means the register established and maintained under section 33C;

S. 3 def. of regulated tariff standing offer inserted by No. 59/2008 s. 3(1).

regulated tariff standing offer means a licensee standing offer that is subject to an Order under section 13 that is in force;

S. 3 def. of related coal mine inserted by No. 72/2009 s. 4.

related coal mine—

(a) means a coal mine from which coal is extracted for use in a critical generation facility; and

(b) includes a water storage facility associated with a coal mine referred to in paragraph (a);

S. 3 def. of relevant published offer inserted by No. 59/2008 s. 3(1).

relevant published offer means the tariffs and terms and conditions on which a specified retailer sells electricity to small retail customers that are published in accordance with section 36A;

S. 3 def. of retail licence inserted by No. 18/2024 s. 19(a).

retail licence means a licence to sell electricity otherwise than through a wholesale electricity market;

retailer means the holder of a licence to sell electricity otherwise than through the wholesale electricity market;

S. 3 def. of RoLR event inserted by No. 18/2024 s. 19(a).

RoLR event has the same meaning as in section 122 of the National Energy Retail Law (Victoria);

S. 3 def. of SEC repealed by No. 11/2024 s. 82.

S. 3 def. of small retail customer inserted by No. 91/2004 s. 3, amended by No. 59/2008 s. 3(2).

small retail customer in section 36A, 40C, 40D or 40E means a person in a class of persons declared to be small retail customers for the purposes of that section by Order under section 7AA(1)(a);

S. 3 def. of specified circum-stances inserted by No. 59/2008 s. 3(1).

specified circumstances, in section 36A, means circumstances declared to be specified circumstances by Order under section 7AA(1)(c);

S. 3 def. of specified retailer inserted by No. 59/2008 s. 3(1).

specified retailer means a retailer declared to be a specified retailer by Order under section 7AA(1)(b);

S. 3 def. of stand-alone power system inserted by No. 33/2021 s. 3(2).

stand-alone power system has the same meaning as in section 6B(6) of the National Electricity (Victoria) Law;

S. 3 def. of standing offer inserted by No. 59/2008 s. 3(1).

standing offer means—

(a) a licensee standing offer; or

(b) a regulated tariff standing offer;

S. 3 def. of supply and sale contract inserted by No. 28/2021 s. 3.

supply and sale contract means a contract for the sale or supply of electricity, whether oral or in writing, or partly oral and partly in writing;

S. 3 def. of Tariff Order substituted by No. 25/2004 s. 3.

Tariff Order means an Order made under section 15A as that Order is amended and in force from time to time;

transmission company means a person who is the holder of a licence to transmit electricity;

S. 3 def. of trial waiver inserted by No. 33/2021 s. 3(1).

trial waiver—see section 54;

S. 3 def. of VENCorp amended by No. 32/2001 s. 28(1)(b), repealed by No. 23/2009 s. 5(2).

S. 3 def. of VicGrid inserted by No. 38/2025 s. 58.

VicGrid has the same meaning as in the National Electricity (Victoria) Act 2005;

S. 3 def. of VicGrid Adminis–trative Office inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.

S. 3 def. of wholesale electricity market amended by No. 23/2009 s. 5(3), substituted by No. 18/2024 s. 19(b).

wholesale electricity market has the same meaning as in the National Electricity (Victoria) Law.

4 Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5 Extra-territorial operation

It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—

(a) land situated outside Victoria, whether in or outside Australia;

(b) things situated outside Victoria, whether in or outside Australia;

(c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;

(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.

6 Construction of Act

This Act must be read and construed as one with the Electricity Industry (Residual Provisions) Act 1993.

7 Application of Act to certain distribution, transmission and generation companies

(1) The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions in Part 5 of this Act or specified provisions in another Act to a distribution company, transmission company or generation company does not include a reference to a specified distribution company, transmission company or generation company.

(2) A copy of an Order under subsection (1) must be laid before each House of the Parliament on or before the sixth sitting day after it is made.

(3) An Order under subsection (1) is subject to disallowance by a House of the Parliament, and section 23 of the Subordinate Legislation Act 1994 applies as if the Order were a statutory rule.

S. 7A
inserted by No. 85/2001 s. 3, amended by No. 85/2001 s. 9.

7A Application of the Essential Services Commission Act 2001

For the purposes of the Essential Services Commission Act 2001—

(a) this Act is relevant legislation; and

(b) the electricity industry is a regulated industry.

S. 7AA inserted by No. 91/2004 s. 4.

7AA Declaration of classes of customers and retailers

(1) The Governor in Council may by Order published in the Government Gazette—

(a) declare a class or classes of persons to be small retail customers for the purposes of section 36A, 40C, 40D or 40E;

S. 7AA(1)(b) amended by No. 59/2008 s. 4(1).

(b) declare a licensee to be a specified retailer for the purposes of section 36A;

S. 7AA(1)(c) inserted by No. 59/2008 s. 4(2).

(c) declare circumstances to be specified circumstances for the purposes of section 36A.

(2) An Order under subsection (1)(a) may declare a different class or classes of persons to be small retail customers for the purposes of each section specified in that paragraph.

S. 7AA(3) amended by No. 59/2008 s. 4(3).

(3) An Order under subsection (1)(a) may specify a class of persons by reference to all or any of the following—

(f) the nature of the contract for supply of electricity;

(g) financial circumstances;

(h) any other specified factor of any kind.

S. 7AA(3A) inserted by No. 59/2008 s. 4(4).

(3A) An Order under subsection (1)(b) may declare a licensee to be a specified retailer by reference to all or any of the following—

(a) the number of small retail customers of the licensee;

(b) the tariffs at, and terms and conditions on, which the licensee sells electricity to its small retail customers;

(c) the distribution area of a distribution company provided for in the company's licence;

(d) any other specified factor relevant to the sale of electricity.

S. 7AA(3B) inserted by No. 59/2008 s. 4(4).

(3B) An Order under subsection (1)(c) may declare circumstances to be specified circumstances by reference to all or any of the following—

(a) the number of small retail customers of a specified retailer;

(b) the tariffs at, and terms and conditions on, which a specified retailer sells electricity to its small retail customers;

(c) the distribution area of a distribution company provided for in the company's licence;

(d) any other specified factor relevant to the sale of electricity.

(4) An Order under this section may confer powers and functions on, and leave any matter to be decided by, the Commission.

Part 2—Regulation of electricity industry

Division 1—Introductory

S. 8
amended by Nos 23/2009 s. 6, 11/2024 s. 83.

8 Application of Part

This Part applies to any person, including any distribution company, transmission company, retailer and generation company.

S. 9
repealed by No. 85/2001 s. 4(1).

S. 10 substituted by No. 62/2001 s. 71.

10 Objectives of the Commission

The objectives of the Commission under this Act are—

(a) to the extent that it is efficient and practicable to do so, to promote a consistent regulatory approach between the electricity industry and the gas industry; and

S. 10(b) amended by No. 49/2015 s. 4(a).

(b) to promote the development of full retail competition; and

S. 10(c) inserted by No. 49/2015 s. 4(b).

(c) to promote protections for customers, including in relation to assisting customers who are facing payment difficulties.

S. 11 amended by Nos 62/2001 s. 70(d)(e), 25/2004 s. 4(1), repealed by No. 31/2006 s. 3.

Division 2—Price regulation

12 Powers in relation to price regulation

S. 12(1) amended by No. 62/2001 s. 70(c).

(1) For the purposes of Part 3 of the Essential Services Commission Act 2001—

S. 12(1)(a) repealed by No. 85/2001 s. 4(2).

S. 12(1)(b) amended by No. 62/2001 s. 70(d).

(b) the power to regulate prescribed prices in respect of prescribed goods and services is conferred on the Commission in respect of the following—

(i) charges for connection to, and the use of, any distribution system;

S. 12(1)(b)(ii) repealed by No. 31/2006 s. 3.

(iii) tariffs for the sale of electricity regulated by Order under section 13, to the extent specified in such an Order.

S. 12(2) amended by No. 62/2001 s. 70(d), repealed by No. 31/2006 s. 3.

13 Regulation of tariffs for prescribed customers

S. 13(1) amended by No. 6/2019 s. 3(1).

(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of electricity to prescribed customers or a class of prescribed customers.

S. 13(1A) inserted by No. 59/2008 s. 5(1), substituted by No. 6/2019 s. 3(2).

(1A) The Minister may make a recommendation under subsection (1)—

(a) if, under an MCE directed retail competition review, the AEMC—

(i) concludes that competition in a market for electricity is not effective; and

(ii) recommends, in accordance with the MCE's written direction for that review, that price controls on prices for retail electricity services be (as the case requires) retained or reintroduced; or

(b) if the Commission makes a recommendation in a report under section 10AAB of the Essential Services Commission Act 2001 that price controls on prices for retail electricity services be (as the case requires) retained or reintroduced.

S. 13(1B) inserted by No. 6/2019 s. 3(2).

(1B) In addition, the Minister may make a recommendation under subsection (1) on the basis of any other information available to the Minister, including information made available to the Minister before the commencement of this subsection.

S. 13(1C) inserted by No. 6/2019 s. 3(2).

(1C) Before making a recommendation under subsection (1), the Minister must consult the Premier and the Treasurer.

(2) Without limiting the generality of subsection (1), the manner may include—

(a) fixing the tariff or the rate of increase or decrease in a tariff;

(b) fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff;

(c) fixing an average tariff or an average rate of increase or decrease in the average tariff;

(d) specifying policies or principles for fixing tariffs;

(e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor;

(f) specifying a tariff determined by reference to any one or more of the following—

(i) a prescribed customer or a class of prescribed customers;

(ii) a person or a class of persons authorised to sell electricity;

(iii) the purpose for which the electricity is used;

(iv) the quantity of electricity used;

(v) the period of use;

(vi) the place of supply;

(vii) any other specified factor relevant to the sale of electricity.

S. 13(2AA) inserted by No. 6/2019 s. 3(3).

(2AA) Without limiting the generality of subsection (1), an Order under that subsection may—

(a) prohibit or exclude any specified cost, matter or thing from being had regard to by the Commission in making a decision, including a price determination, in respect of any tariff for the sale of electricity to prescribed customers or a class of prescribed customers; and

(b) regulate the offer, or the giving, of a discount or other benefit to prescribed customers or a class of prescribed customers, including—

(i) the maximum amount or value of a discount or other benefit that may be offered or given to prescribed customers or a class of prescribed customers; and

(ii) the periods when a discount or other benefit may be offered or given to prescribed customers or a class of prescribed customers.

S. 13(2A) inserted by No. 59/2008 s. 5(2), amended by No. 6/2019 s. 3(4).

(2A) Without limiting the generality of subsection (1), in determining the manner tariffs for the sale of electricity to prescribed customers or a class of prescribed customers are to be regulated, the Governor in Council may have regard to the tariffs paid or payable by the prescribed customers or a class of prescribed customers.

S. 13(3) amended by Nos 62/2001 s. 70(c)(d), 75/2004 s. 6(1), substituted by No. 6/2019 s. 3(5).

(3) An Order under subsection (1) may—

(a) direct the Commission to make a decision, including a price determination, in respect of any factors and matters, or in accordance with any procedures, matters or bases, that are specified in the Order; and

(b) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(c) confer powers and functions on, and leave any matter to be decided by, the Commission; and

(d) include saving and transitional provisions.

S. 13(3A) inserted by No. 6/2019 s. 3(5).

(3A) An Order under subsection (1) may—

(b) differ according to differences in time, place and circumstances.

S. 13(3B) inserted by No. 6/2019 s. 3(5).

(3B) An Order under subsection (1) has effect according to its tenor despite anything to the contrary in any agreement or contract.

S. 13(4) amended by No. 62/2001 s. 70(d), substituted by No. 75/2004 s. 6(2).

(4) An Order under subsection (1) has effect as from the date specified in the Order.

S. 13(4A) inserted by No. 75/2004 s. 6(2), amended by No. 6/2019 s. 3(6), repealed by No. 41/2021 s. 41.

(5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of prescribed customers.

S. 13(6) def. of MCE directed retail competition review inserted by No. 59/2008 s. 5(3).

MCE directed retail competition review means an MCE directed review (within the meaning of the National Electricity (Victoria) Law) under section 41(1)(d) of that Law;

S. 13(6) def. of prescribed customer amended by No 6/2019 s. 3(7)(a).

prescribed customer means a person, or a member of a class of persons, to whom an Order under subsection (5) applies;

S. 13(6) def. of price determination inserted by No. 6/2019 s. 3(7)(b).

price determination means a determination under section 33 of the Essential Services Commission Act 2001.

S. 13(6) def. of review period inserted by No. 59/2008 s. 5(3), repealed by No. 6/2019 s. 3(7)(c).

S. 13(7) amended by Nos 40/2003 s. 12, 91/2004 s. 5, 55/2007 s. 5, repealed by No. 59/2008 s. 5(4).

S. 14 amended by Nos 62/2001 s. 70(c)(d), 24/2002 s. 20, repealed by No. 25/2004 s. 4(2).

15 Continuation of charges relating to distribution system

(1) This section applies if—

S. 15(1)(a) amended by No. 62/2001 s. 70(c)(d).

(a) the Commission has made a determination under the Essential Services Commission Act 2001 regulating charges for connection to, and the use of, any distribution system; and

(b) proceedings are commenced in respect of the determination; and

(c) the determination is stayed or set aside.

S. 15(2) amended by No. 62/2001 s. 70(d), repealed by No. 25/2004 s. 4(3).

S. 15(3) amended by No. 62/2001 s. 70(d).

(3) If the decision to stay or set aside the determination is made on or after 1 January 2001, then despite the determination being stayed or set aside and despite anything to the contrary in the Tariff Order, the provisions of the determination regulating charges for connection to, and the use of, a distribution system will apply to that distribution system on and after the date of the decision to stay or set aside the determination until a determination of the Commission is in effect regulating those charges.

S. 15(4) amended by Nos 62/2001 s. 70(c), 25/2004 s. 4(4), 21/2019 s. 23(1).

(4) Subsection (3) is subject to any order of the Court or VCAT under the Essential Services Commission Act 2001 to the contrary.

S. 15(5) amended by Nos 62/2001 s. 70(d), 25/2004 s. 4(5).

(5) The Governor in Council may, by Order published in the Government Gazette, provide for transitional arrangements between the operation of subsection (3) and the operation of any determination of the Commission that takes effect following the determination of the proceedings.

S. 15(6) amended by Nos 62/2001 s. 70(c)(d), 75/2004 s. 7.

(6) An Order under subsection (5) may direct the Commission to make a decision in respect of such factors and matters or in accordance with such procedures, matters or bases as are specified in the Order, or both.

(7) In this section proceedings, in relation to a determination, means—

S. 15(7)(a) amended by Nos 62/2001 s. 70(f), 21/2019 s. 23(2).

(a) proceedings on an application for review under section 55 of the Essential Services Commission Act 2001 against the determination; or

S. 15(7)(b) amended by No. 62/2001 s. 70(g).

(b) proceedings before a Court of a kind permitted by section 62 of the Essential Services Commission Act 2001 in respect of the determination.

S. 15A inserted by No. 25/2004 s. 5 (as amended by Nos 75/2004 s. 32, 86/2004 s. 6 (as amended by No. 39/2005 s. 59)).

15A New Tariff Order

(1) The Governor in Council may, by Order published in the Government Gazette—

(a) specify pricing principles to apply to the making of any determination under the Essential Services Commission Act 2001 regulating charges (other than charges for excluded services) for connection to, and the use of, any distribution system;

(b) determine or authorise the Commission to determine under the Essential Services Commission Act 2001 the distribution services that are to be excluded services for the purposes of a determination under the Essential Services Commission Act 2001 regulating charges for connection to, and the use of, a distribution system;

(c) specify the criteria to be complied with by the Commission in determining under the Essential Services Commission Act 2001 the distribution services that are to be excluded services for the purposes of a determination under the Essential Services Commission Act 2001 regulating charges for connection to, and the use of, a distribution system;

(d) make provision for any matter ancillary to any matter referred to in paragraphs (a) to (c).

(1A) The Commission must not determine distribution services provided through the use of a part of a distribution system that is a relevant augmentation to be excluded services if there is in force an Order under section 15E that applies to that augmentation.

(1B) In subsection (1A) relevant augmentation has the same meaning as in section 15B.

(2) The Governor in Council may, by Order published in the Government Gazette, amend or revoke an Order under this section.

Pt 2 Div. 2A (Heading) amended by No. 55/2010 s. 3.

Pt 2 Div. 2A (Heading and ss 15B–15E) inserted by No. 86/2004 s. 3.

Division 2A—Pricing for the facilitation of the development of generation facilities

S. 15B inserted by No. 86/2004 s. 3.

15B Definitions

relevant augmentation means an augmentation or proposed augmentation to a distribution system declared under section 15C to be a relevant augmentation;

relevant distribution system means a distribution system to which there is or is proposed to be a relevant augmentation;

S. 15B def. of relevant generator amended by No. 55/2010 s. 4(1).

relevant generator means—

(a) a generation company; or

(b) a person engaging in the generation of electricity for supply or sale that has been exempted under section 17 from the requirement to hold a licence in respect of that activity.

S. 15B def. of wind energy generation facility repealed by No. 55/2010 s. 4(2).

S. 15C inserted by No. 86/2004 s. 3.

15C Relevant augmentations

(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, declare an augmentation or proposed augmentation to a distribution system to be a relevant augmentation.

S. 15C(2) amended by No. 55/2010 s. 5.

(2) Before making a recommendation under subsection (1) the Minister must be satisfied the augmentation or proposed augmentation facilitates the development and construction of a generation facility.

S. 15D (Heading) amended by No. 55/2010 s. 6(1).

S. 15D inserted by No. 86/2004 s. 3.

15D Charging principles applicable to the connection of generation facilities to distribution systems

(1) The Governor in Council may, by Order published in the Government Gazette—

S. 15D(1)(a) amended by No. 55/2010 s. 6(2).

(a) specify the principles to be applied by an operator of a relevant distribution system in determining connection charges for connection to, and use of, the relevant distribution system by a relevant generator in relation to electricity supplied from a generation facility operated by that generator so as to enable that operator to recover the capital costs that operator has incurred or may incur in respect of a relevant augmentation; and

(b) specify the procedure for resolving disputes between an operator of a relevant distribution system and a relevant generator in relation to the application of the principles referred to in paragraph (a).

(2) An Order under subsection (1) may confer powers and functions on the Commission to resolve a dispute referred to in subsection (1)(b), including the power to resolve a dispute by determining the application of the principles referred to in subsection (1)(a).

(3) Section 35 of the Essential Services Commission Act 2001 applies to the making of a determination by the Commission under an Order under subsection (1).

(4) An Order under subsection (1), and a determination of the Commission made under that Order, apply despite anything to the contrary in—

(a) the Tariff Order; or

(b) a licence to distribute or supply electricity; or

(c) a determination of the Commission made under the Essential Services Commission Act 2001.

S. 15E inserted by No. 86/2004 s. 3.

15E Pricing principles in relation to relevant distribution systems

(1) The Governor in Council may, by Order published in the Government Gazette, specify the pricing principles to apply to the making of a determination under the Essential Services Commission Act 2001 regulating the charges (other than charges for excluded services) for connection to, and the use of, a relevant distribution system.

(2) If there is an inconsistency between an Order under subsection (1) and the Tariff Order, the Order under subsection (1) prevails to the extent of the inconsistency.

Division 3—Licences

16 Prohibition

S. 16(1) amended by Nos 62/2001 s. 70(d), 41/2021 s. 42(1), 18/2024 s. 37.

(1) A person must not engage in the generation of electricity for supply or sale or the transmission or distribution of electricity or supply or sale of electricity by retail unless the person—

(a) is the holder of a licence authorising the relevant activity; or

S. 16(1)(b) amended by No. 33/2021 s. 4(a).

(b) is exempted from the requirement to obtain a licence in respect of the relevant activity; or

S. 16(1)(c) inserted by No. 33/2021 s. 4(b).

(c) is the holder of a trial waiver in respect of the relevant activity.

S. 16(1A) inserted by No. 41/2021 s. 42(2).

(1A) A person who contravenes subsection (1) commits an offence against that subsection and is liable to a penalty not exceeding 1000 penalty units and 100 penalty units for each day after the day on which a notice of contravention of that subsection is served on the person by the Commission.

S. 16(1B) inserted by No. 41/2021 s. 42(2).

(1B) Subsection (1) is a civil penalty requirement for the purposes of the Essential Services Commission Act 2001.

S. 16(2) amended by Nos 25/2008 s. 19, 6/2010 s. 203(1)(Sch. 6 item 15) (as amended by No. 45/2010 s. 22).

(2) This section does not prohibit the transmission, distribution or supply of electricity by and for the use of a passenger transport company within the meaning of the Transport (Compliance and Miscellaneous) Act 1983.

S. 16(3) inserted by No. 23/2009 s. 7.

(3) Subsection (1) does not apply to AEMO when it is performing a function or exercising a power under the National Electricity (Victoria) Law.

S. 16(4) inserted by No. 38/2025 s. 59.

(4) Subsection (1) does not apply to VicGrid when it is performing a function or exercising a power under the National Electricity (Victoria) Law as modified by or under the National Electricity (Victoria) Act 2005.

Note to s. 16 inserted by No. 41/2021 s. 42(3).

For matters relating to contraventions of provisions that are offences and civil penalty requirements, see Subdivision 4 of Division 1 of Part 7 of the Essential Services Commission Act 2001.

17 Exemptions

(1) The Governor in Council may by Order in Council published in the Government Gazette exempt a person from the requirement to obtain a licence in respect of the activity specified in the Order in Council.

S. 17(2) substituted by No. 3/2014 s. 4.

(2) An Order under subsection (1) may—

(a) be of general or specific application; and

(b) differ according to differences in time, place and circumstances; and

(c) apply, adopt or incorporate wholly or partially or as published or amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or

(ii) as amended from time to time; and

(d) include terms, conditions and limitations that are the same as some or all of the conditions that apply to a licence; and

(e) be subject to such terms, conditions and limitations as are specified in the Order; and

S. 17(2)(ea) inserted by No. 1/2017 s. 8.

(ea) provide that an exemption is effective in respect of a person if the person is registered under Division 3A; and

(f) direct the Commission to make amendments to any instrument made by the Commission to give effect to any matter specified in the Order; and

(g) include saving and transitional provisions; and

(h) have effect according to its tenor despite anything to the contrary in any agreement or contract; and

(i) have effect despite anything to the contrary in section 13; and

(j) confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 17(3) repealed by No. 3/2014 s. 4.

S. 17(4) amended by Nos 62/2001 s. 70(d), 75/2004 s. 8, repealed by No. 3/2014 s. 4.

18 Application for licence

S. 18(1) amended by No. 62/2001 s. 70(d).

(1) A person may apply to the Commission for the issue of a licence authorising one or more of the following activities—

(a) to generate electricity for supply or sale;

(b) to transmit electricity;

(c) to distribute or supply electricity;

(d) to sell electricity.

S. 18(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 9.

(2) An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

S. 18(3) amended by No. 62/2001 s. 70(d).

(3) An application must be accompanied by the application fee (if any) fixed by the Commission.

S. 19 (Heading) inserted by No. 75/2004 s. 10(1).

19 Grant or refusal of application

S. 19(1) amended by Nos 62/2001 ss 70(d), 72, 18/2024 s. 20(1).

(1) Subject to subsection (2) the Commission may grant or refuse an application for the issue of a licence for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

S. 19(2) amended by No. 62/2001 s. 70(d).

(2) The Commission must not grant an application for the issue of a licence unless the Commission is satisfied that—

(a) subject to subsection (3), in the case of an application for a licence to sell electricity, the applicant is financially viable; and

(b) subject to subsection (4), the applicant has the technical capacity to comply with the conditions of the licence.

S. 19(3) amended by Nos 62/2001 s. 70(d), 8/2005 s. 14(2), 35/2007 s. 6.

(3) The Commission does not have to be satisfied as to the applicant's financial viability, if the applicant is applying for a licence which includes a condition requiring compliance with the National Electricity Rules and the Rules include prudential requirements.

S. 19(4) amended by No. 62/2001 s. 70(d).

(4) The Commission does not have to be satisfied as to the applicant's technical capacity to comply with the conditions of the licence at the time it is issued if—

(a) the activities specified in the licence are not likely to be commenced to be carried out within the next following 12 months; and

S. 19(4)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 10(2).

(b) the application is granted subject to such conditions as are decided by the Commission relating to further approval of the applicant's technical capacity or approval of future facilities necessary for the carrying out of the activities.

S. 19(5) amended by No. 62/2001 s. 70(d), repealed by No. 35/2007 s. 4, new s. 19(5) inserted by No. 18/2024 s. 20(2).

(5) The Commission may refuse to grant an application for the issue of a licence if the applicant is a failed retailer or an associate of a failed retailer.

S. 19(5A) inserted by No. 18/2024 s. 20(2).

(5A) Without limiting subsection (5), the Commission may refuse to grant an application for the issue of a licence until the applicant pays a proportion or the whole of the costs of a prior RoLR event as determined by the AER under section 170 of the National Energy Retail Law (Victoria).

S. 19(6) amended by No. 62/2001 s. 70(d).

(6) The Commission must publish a notice in a daily newspaper generally circulating in Victoria—

S. 19(6)(a) amended by No. 62/2001 s. 70(d).

(a) specifying that an application for a licence in respect of the relevant activity has been lodged with the Commission by the person specified in the notice; and

S. 19(6)(b) amended by No. 62/2001 s. 70(d).

(b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

S. 19(7) amended by Nos 62/2001 s. 70(d), 75/2004 s. 10(3).

(7) Subject to this section and any requirements specified in regulations made for the purposes of this section under section 119, the Commission may decide the procedures that are to apply in respect of the issue of licences.

S. 19(8) amended by No. 62/2001 s. 70(d).

(8) The Commission must notify an applicant in writing of its decision to grant or refuse to grant the application and, in the case of a decision to refuse to grant the application, of the reasons for its decision.

20 Provisions relating to licences

S. 20(1) amended by Nos 62/2001 s. 70(d), 75/2004 s. 11.

(1) A licence is to be issued for such term (if any) as is decided by the Commission and is specified in the licence.

S. 20(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 11.

(2) A licence is subject to such conditions as are decided by the Commission.

Note to s. 20(2) inserted by No. 37/2020 s. 4.

A licence is also subject to conditions deemed under this Act to be licence conditions of the licence or to which the licence is subject, including conditions specified by the Minister by Order under section 33AB(1).

(3) If a licence is issued to 2 or more persons for the purpose of the carrying on by those persons of the activities authorised by the licence in partnership or as an unincorporated joint venture, the licence may include conditions relating to the carrying on of those activities in that manner.

S. 20(4) inserted by No. 74/2010 s. 23.

(4) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.

21 Specific licence conditions

Without limiting the generality of section 20, the conditions on a licence may include provisions—

S. 21(a) amended by No. 62/2001 s. 70(d).

(a) requiring the licensee to pay specified fees and charges in respect of the licence to the Commission;

(b) requiring the licensee to enter into agreements on specified terms or on terms of a specified type;

(c) requiring a retailer to have such agreements with one or more distribution companies as are necessary to ensure that, subject this Act, electricity is distributed or supplied to the extent necessary to enable the retailer to sell electricity to its customers;

(d) requiring a distribution company to have such agreements with retailers as are necessary to ensure that, subject to this Act, electricity is distributed or supplied to the extent necessary to enable the retailers to sell electricity to their customers;

(e) requiring a distribution company—

(i) to prepare standard agreements for the purposes of paragraphs (c) and (d); and

S. 21(e)(ii) amended by No. 62/2001 s. 70(d).

(ii) to submit those standard agreements to the Commission for approval; and

S. 21(e)(iii) amended by No. 62/2001 s. 70(d).

(iii) to offer a standard agreement approved by the Commission to a retailer for the purposes of paragraphs (c) and (d);

(f) subject to section 47, requiring a retailer to enter into an agreement with the State for the provision of community services;

(g) requiring a distribution company to comply with requirements relating to the provision of public lighting;

S. 21(h) repealed by No. 23/2009 s. 8.

S. 21(i) repealed by No. 23/2009 s. 8.

(j) requiring the licensee to inform customers from time to time of the arrangements in place or proposed to be in place to allow them to elect to become a customer of another licensee;

S. 21(k) amended by Nos 62/2001 s. 70(d), 85/2001 s. 5.

(k) requiring a licensee to give notice to customers of the existence of deemed contracts under section 39 and the methods by which those contracts may be terminated and requiring the licensee to provide for cooling-off periods approved by the Commission for the termination of those contracts;

S. 21(l) amended by Nos 62/2001 s. 70(d), 75/2004 s. 12(a).

(l) requiring the licensee to observe specified Orders in Council, industry codes, standards, rules and guidelines, with such modifications or exemptions as may be specified by the Commission;

(m) requiring the licensee to maintain specified accounting records and to prepare accounts according to specified principles;

(n) specifying requirements about the ownership of real or personal property used in or in connection with the carrying on of the activities authorised by the licence;

(o) preventing the licensee from engaging in or undertaking specified business activities;

(p) specifying methods or principles to be applied by the licensee in determining prices or charges;

(q) specifying methods or principles to be applied in the conduct of activities authorised by the licence;

(r) specifying procedures for variation or revocation of the licence;

(s) specifying the procedures to apply if an administrator is appointed under section 34;

S. 21(t) amended by Nos 62/2001 s. 70(d), 75/2004 s. 12(b).

(t) requiring the licensee to provide, in the manner and form specified by the Commission, such information as the Commission may from time to time require;

(u) requiring the licensee to develop, issue and comply with customer-related standards, procedures, policies and practices (including with respect to the payment of compensation to customers);

S. 21(ua) inserted by No. 33/2021 s. 5.

(ua) relating to—

(i) the generation for supply or sale of electricity by means of a stand-alone power system; or

(ii) the distribution of electricity by means of a stand-alone power system; or

(iii) the supply or sale of electricity generated or distributed by means of a stand-alone power system;

S. 21(ub) inserted by No. 33/2021 s. 5.

(ub) regulating or prohibiting where a stand-alone power system may be installed or electricity generated by means of a stand-alone power system may be distributed or supplied or sold;

S. 21(v) inserted by No. 40/2003 s. 13, repealed by No. 23/2009 s. 8, new s. 21(v) inserted by No. 37/2020 s. 5.

(v) specifying requirements relating to the connection of supply of electricity to premises, including timeframes for the completion of—

(i) connections or classes of connections of the supply of electricity under negotiated connection contracts—

(A) to premises or classes of premises; or

(B) to premises or classes of premises occupied, or to be occupied, by specified customers or classes of specified customers; and

(ii) specified steps for the completion of connections or classes of connections referred to in subparagraph (i) under negotiated connection contracts;

S. 21(w) inserted by No. 37/2020 s. 5, amended by No. 18/2024 s. 21(1).

(w) specifying requirements relating to timeframes for the completion of connections of supply of electricity to premises, including timeframes referred to in paragraph (v);

S. 21(x) inserted by No. 18/2024 s. 21(2).

(x) requiring a licensee who was a failed retailer or was or is an associate of a failed retailer to pay a proportion or the whole of the costs of a prior RoLR event as determined by the AER in accordance with section 170 of the National Energy Retail Law (Victoria).

S. 22 amended by Nos 32/2001 s. 28(2), 62/2001 s. 70(d), substituted by Nos 62/2001 s. 73, 41/2021 s. 43.

22 Determination of fees and charges

(1) For the purposes of section 21(a), the Minister, after consultation with the Minister administering the Essential Services Commission Act 2001, may determine, by notice published in the Government Gazette, the fees and charges specified in respect of a licence.

(2) A determination of fees and charges under this section may provide for any of the following matters—

(a) specific fees and charges;

(b) maximum fees and charges;

(c) minimum fees and charges;

(d) scales of fees and charges according to the value of the services provided for the fees and charges;

(e) fees and charges that vary according to different persons or classes of persons;

(f) the manner of payment of fees and charges;

(g) the reduction, waiver or refund, in whole or part, of the fees and charges;

(h) the time or times at which fees and charges are to be paid.

(3) If under subsection (2)(g) provision is made for a reduction, waiver or refund, in whole or in part, of a fee or charge, the reduction, waiver or refund may be expressed to apply—

(a) either generally or specifically—

(i) in respect of certain matters or transactions or classes of matters or transactions; or

(ii) in respect of certain documents or classes of documents; or

(iii) when an event happens; or

(iv) in respect of certain persons or classes of persons; or

(v) in respect of any combination of matters, transactions, documents, events or persons; and

(b) subject to specified conditions or at the discretion of any specified person or body.

(4) A determination under this section takes effect on the day that the notice is published in the Government Gazette under subsection (1) or on a later day specified in that notice.

(5) A determination under this section ceases to have effect on whichever of the following days occurs first—

(a) the day the determination is revoked;

(b) the day (if any) that the notice published in the Government Gazette under subsection (1) specifies as the day on which the determination ceases to have effect;

(c) the day that is 10 years after the day on which the determination took effect.

23 Condition restricting sale to certain customers

(1) A licence to sell electricity is deemed to include a condition prohibiting the licensee from selling electricity to persons or classes of persons specified by Order under this section for the period or periods specified in the Order in respect of those persons.

(2) The Governor in Council may by Order published in the Government Gazette specify persons or classes or persons and periods for the purposes of this section.

(3) An Order under subsection (2) may specify a class of persons by reference to all or any of the following—

S. 23(4) amended by Nos 40/2003 s. 14, 91/2004 s. 6, 55/2007 s. 6, repealed by No. 59/2008 s. 6.

S. 23A inserted by No. 10/2002 s. 3, amended by No. 65/2005 s. 26, repealed by No. 59/2008 s. 7, new s. 23A inserted by No. 49/2015 s. 5.

23A Condition to give information to Commission

(1) A licence to sell electricity is taken to include a condition requiring the licensee to comply with this section.

S. 23A(2) amended by No. 41/2021 s. 44.

(2) The licensee must give to the Commission, for the purpose of enabling the Commission to perform its functions under Part 6A, the information specified by the Commission in the guidelines issued under subsection (4).

(3) The licensee must give to the Commission the information referred to in subsection (2) in the manner and form (including by the date or dates) specified in the guidelines issued under subsection (4).

(4) The Commission must prepare and issue guidelines for the purposes of this section.

Note to s. 23A inserted by No. 28/2021 s. 11.

Section 116AA contains offences in relation to licensees giving information or producing documents to the Commission that are misleading in any material particular.

S. 23B inserted by No. 86/2004 s. 4, repealed by No. 35/2007 s. 5, new s. 23B inserted by No. 49/2015 s. 5.

23B Condition relating to advertising of enforcement action taken against licensee

(1) A licence is taken to include a condition requiring the licensee, at the direction of the Commission, to publish a notice, approved by the Commission, containing the things set out in subsection (2) in a daily newspaper generally circulating in Victoria within the period specified by the Commission.

(2) A notice published under subsection (1) must contain the following things—

(a) a statement that enforcement action has been taken in respect of the licensee;

(b) an explanation of the nature of the enforcement action;

(c) the reason for the enforcement action;

(d) the status of any proceeding commenced, or action taken, in relation to the enforcement action.

S. 23B(3) def. of enforcement action amended by No. 41/2021 s. 45.

enforcement action has the same meaning as in section 109A(4).

S. 23C inserted by No. 49/2015 s. 5.

23C Condition relating to renewable energy customers

(1) A licence to sell electricity is taken to include a condition requiring the licensee to offer to sell electricity to a renewable energy customer at the same tariffs and on the same terms and conditions that it would offer to the customer if the customer was not a renewable energy customer.

(2) Nothing in subsection (1) prevents a licensee from also offering to sell renewable energy customers electricity at tariffs and on terms and conditions that the licensee only makes available to renewable energy customers.

(3) This section applies despite anything to the contrary in an Order made under section 13(1).

renewable energy customer means—

(a) a qualifying customer within the meaning of section 40F(1); or

(b) a TFiT scheme customer within the meaning of section 40F(1); or

(c) a relevant generator within the meaning of section 40F(1) engaging in the generation of electricity from a small renewable energy generation facility within the meaning of section 40F(1).

S. 24 amended by No. 62/2001 s. 70(d), repealed by No. 11/2013 s. 3.

25 Condition specifying industry codes, standards, rules or guidelines

S. 25(1) amended by No. 62/2001 s. 70(d).

(1) If a licence is subject to a condition of a kind referred to in section 21(l), the Commission—

S. 25(1)(a) amended by No. 62/2001 s. 70(d).

(a) may, in accordance with procedures specified by the Commission, amend the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, for the purposes of their application under the licence;

(b) may resolve, or seek to resolve, disputes between the licensee and any other person relating to the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, as they apply under the licence.

S. 25(2) amended by No. 62/2001 s. 70(d).

(2) If the Commission amends an industry code, standard, rule or guideline or a document under subsection (1), the Commission may at the same time, in accordance with procedures specified by the Commission, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the licence.

26 Condition relating to customer-related standards, procedures, policies and practices

(1) If a licence is subject to a condition of a kind referred to in section 21(u)—

S. 26(1)(a) amended by No. 62/2001 s. 70(d).

(a) the Commission must monitor the licensee's compliance with the customer-related standards, procedures, policies and practices developed by the licensee in accordance with the condition; and

S. 26(1)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 13(a).

(b) if the Commission considers that any of the customer-related standards, procedures, policies and practices, or compliance by the licensee with any of them, disadvantages, or may disadvantage, any class of its customers, or all of its customers, the Commission may require the licensee to modify or revoke any part of the standards, procedures, policies or practices that causes the disadvantage or possible disadvantage.

S. 26(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 13(b).

(2) The Commission, in making a requirement under subsection (1)(b), must have regard to the prices, risks and costs associated with or resulting from the modification or revocation which is the subject of the requirement.

S. 26(3) amended by Nos 62/2001 s. 70(d), 75/2004 s. 13(b).

(3) The Commission must not make a requirement under subsection (1)(b) unless the Commission has given the licensee an opportunity to make representations on the matter.

S. 26(4) amended by Nos 62/2001 s. 70(h), 75/2004 s. 13(b)(c).

(4) Section 35 of the Essential Services Commission Act 2001 applies to the making of a requirement under subsection (1) as if it were a determination made by the Commission under the Essential Services Commission Act 2001.

S. 26A inserted by No. 40/2003 s. 15, repealed by No. 23/2009 s. 9.

S. 26B inserted by No. 40/2003 s. 15, repealed by No. 23/2009 s. 10.

S. 27 amended by Nos 13/2001 s. 3, 62/2001 s. 70(d), 85/2001 s. 6, 25/2004 s. 6, 75/2004 s. 14, 31/2006 s. 4, repealed by No. 55/2007 s. 4.

28 Customer dispute resolution

S. 28(1) amended by No. 62/2001 s. 70(d).

(1) A licence to—

(a) distribute or supply electricity; or

(b) sell electricity—

must be issued subject to a condition requiring the licensee to enter into a customer dispute resolution scheme approved by the Commission.

S. 28(2) amended by No. 62/2001 s. 70(d).

(2) In approving a customer dispute resolution scheme, the Commission must have regard to—

S. 28(2)(a) amended by No. 62/2001 s. 70(c)(d).

(a) the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; and

(b) the need to ensure that the scheme is accessible to the licensee's customers and that there are no cost barriers to those customers using the scheme; and

(c) the need to ensure that the scheme is independent of the members of the scheme; and

(d) the need for the scheme to be fair and be seen to be fair; and

(e) the need to ensure that the scheme will publish decisions and information about complaints received by the scheme so as to be accountable to the members of the scheme and the customers of the scheme members; and

(f) the need for the scheme to undertake regular reviews of its performance to ensure that its operation is efficient and effective.

S. 28(3) amended by No. 62/2001 s. 70(d).

(3) The Commission may, in accordance with this Part, vary any existing licence to—

(a) distribute or supply electricity; or

(b) sell electricity—

to include a condition of a kind referred to in subsection (1).

29 Variation or revocation of licence

S. 29(1) amended by No. 37/2020 s. 6(1)(a).

(1) A licence or the Commission licence conditions may be varied—

S. 29(1)(a) amended by No. 37/2020 s. 6(1)(b).

(a) in accordance with the procedures specified in the Commission licence conditions; or

S. 29(b) amended by No. 62/2001 s. 70(d).

(b) by agreement between the Commission and the licensee; or

(c) by a notice in accordance with subsection (2) served on the licensee.

S. 29(1A) inserted by No. 10/2020 s. 6, amended by No. 37/2020 s. 6(2).

(1A) A licence issued to a person who is a declared transmission system operator, or the Commission licence conditions of that licence, may be varied by the Commission in accordance with an Order under section 16Y of the National Electricity (Victoria) Act 2005.

S. 29(2) amended by Nos 62/2001 s. 70(d), 37/2020 s. 6(3).

(2) The Commission must not vary a licence or the Commission licence conditions by a notice unless—

S. 29(2)(a) amended by No. 62/2001 s. 70(d).

(a) the Commission is satisfied that the variation is necessary—

S. 29(2)(a)(i) amended by No. 62/2001 s. 72.

(i) having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001; or

(ii) to give effect to Division 7; and

S. 29(2)(b) amended by No. 62/2001 s. 70(d).

(b) the Commission has given the licensee an opportunity to make representations on the matter.

S. 29(2A) inserted by No. 37/2020 s. 6(4).

(2A) The Commission may vary a licence or a Commission licence condition so that the licence or condition is not inconsistent with a deemed Ministerial licence condition to which the licence is subject.

S. 29(2B) inserted by No. 37/2020 s. 6(4).

(2B) Subsections (1) and (2) do not apply to a variation of a licence or Commission licence condition under subsection (2A).

S. 29(3) amended by Nos 62/2001 s. 70(d), 37/2020 s. 6(5), 18/2024 s. 22.

(3) Subject to sections 29AA and 29AB and Division 8, the Commission may revoke a licence in accordance with the procedures specified in Commission licence conditions.

S. 29(4) inserted by No. 55/2010 s. 7.

(4) In deciding whether to revoke a licence the Commission must have regard to any direction of the Minister under section 96 that is in force.

S. 29(5) inserted by No. 55/2010 s. 7.

(5) Anything in the procedures specified in the licence's conditions for the revocation of the licence that is inconsistent with subsection (4) is of no effect.

S. 29(6) inserted by No. 37/2020 s. 6(6).

Commission licence condition means a condition which has been decided by the Commission under section 20 as a condition to which a licence is subject.

S. 29AA inserted by No. 18/2024 s. 23.

29AA Commission to consult AER before revoking a retail licence

(1) The Commission must consult the AER before the Commission revokes a retail licence.

(2) Consultation under subsection (1) must be in accordance with the regulations (if any).

(3) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with this section.

S. 29AB inserted by No. 18/2024 s. 23.

29AB Commission to notify AER and AEMO of revocation of retail licence

(1) If the Commission revokes a retail licence, the Commission must notify the AER and AEMO of that revocation within the prescribed period (if any).

(2) The revocation of a retail licence by the Commission is not invalidated by reason only of a failure to comply with subsection (1).

S. 29A inserted by No. 49/2015 s. 6.

29A Variation to licence condition—contravention of licence or Code of Practice

(1) The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice.

(2) A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take—

(a) to rectify the contravention; and

(b) to prevent any future contravention of the licence condition or provision of the Code of Practice.

(3) The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter.

S. 30 amended by No. 62/2001 s. 70(d).

30 Gazettal requirement

The Commission must ensure that—

(a) notice of the grant of a licence including—

(i) the name of the licensee;

(ii) the term of the licence;

(iii) the place where a copy of the licence may be inspected;

(b) notice of a variation or revocation under section 29—

is published in the Government Gazette as soon as possible after the grant of a licence or the variation or revocation, as the case requires.

31 Transfer of licence

S. 31(1) amended by No. 62/2001 s. 70(d).

(1) The holder of a licence may apply to the Commission for approval to transfer the licence.

S. 31(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 15(1).

(2) An application must be in a form approved by the Commission and accompanied by such documents as may be required by the Commission.

S. 31(3) amended by No. 62/2001 s. 70(d).

(3) An application must be accompanied by the application fee (if any) fixed by the Commission.

S. 31(4) amended by No. 62/2001 s. 70(d).

(4) The Commission must publish in a daily newspaper generally circulating in Victoria a notice—

S. 31(4)(a) amended by No. 62/2001 s. 70(d).

(a) specifying that an application for the transfer of the licence has been lodged with the Commission for the transfer by the holder to a proposed transferee specified in the notice; and

S. 31(4)(b) amended by No. 62/2001 s. 70(d).

(b) inviting interested persons to make submissions to the Commission in respect of the application within the period and in the manner specified in the notice.

S. 31(5) amended by No. 62/2001 ss 70(d), 72.

(5) Subject to this section, the Commission may approve, or refuse to approve, the application for any reason it considers appropriate, having regard to the objectives of the Commission under this Act and under the Essential Services Commission Act 2001.

S. 31(6) amended by No. 62/2001 s. 70(d).

(6) The Commission must not approve the application unless the Commission is satisfied that—

S. 31(6)(a) amended by No. 62/2001 s. 70(d).

(a) the proposed transferee has the technical capacity to comply with the conditions of the licence or the conditions as varied by the Commission under this section; and

(b) subject to subsection (7), in the case of an application for the transfer of a licence to sell electricity, the proposed transferee is financially viable.

S. 31(7) amended by Nos 62/2001 s. 70(d), 8/2005 s. 14(2), 35/2007 s. 6.

(7) The Commission does not have to be satisfied as to the applicant's financial viability if the licence includes a condition requiring compliance with the National Electricity Rules and the Rules include prudential requirements.

S. 31(8) amended by Nos 62/2001 s. 70(d), 75/2004 s. 15(2)(3).

(8) The Commission may decide that, upon the transfer of the licence under this section, the conditions to which the licence is subject are varied as decided by the Commission.

S. 31(9) amended by Nos 62/2001 s. 70(d), 75/2004 s. 15(2).

(9) Subject to this section and any requirements specified in regulations made for the purposes of this section under section 119, the Commission may decide the procedures that are to apply in respect of the transfer of the licences.

S. 31(10) amended by No. 62/2001 s. 70(d).

(10) The Commission must notify an applicant in writing of its decision to approve or refuse to approve the application and, in the case of a decision to refuse to approve the application, of the reasons for its decision.

S. 31(11) inserted by No. 32/2001 s. 28(3), amended by No. 62/2001 s. 70(d).

(11) The Commission must ensure that notice of the approval for the transfer of a licence is published in the Government Gazette as soon as possible after the decision to approve the transfer is made.

S. 32 amended by No. 62/2001 s. 70(d), repealed by No. 3/2014 s. 5.

S. 33 amended by Nos 62/2001 s. 70(d), 75/2004 s. 16, 21/2012 s. 239(Sch. 6 items 15.2, 15.3), repealed by No. 3/2014 s. 5.

S. 33A inserted by No. 23/2009 s. 11.

33A Ministerial powers in relation to transmission company licences

(1) Despite anything to the contrary in this Division, the Minister, by Order published in the Government Gazette, may—

(a) revoke a condition to which a licence to transmit electricity is subject; or

(b) amend a condition to which a licence to transmit electricity is subject; or

(c) revoke a licence.

(2) The Minister, as soon as practicable after making an Order under subsection (1), must notify the Commission of the making of an Order.

S. 33AB inserted by No. 37/2020 s. 7.

33AB Ministerial licence conditions

(1) Despite anything to the contrary in this Division but subject to sections 33AC to 33AG, the Minister, by Order published in the Government Gazette, may do any one or more of the following—

(a) specify, as the Minister thinks fit, a condition to which a particular licence, or a specified class of licence, is to be subject;

(b) vary, as the Minister thinks fit, a condition specified under paragraph (a);

(c) revoke, as the Minister thinks fit, a condition specified under paragraph (a), including a condition that has been varied under paragraph (b).

(2) In making an Order under subsection (1), the Minister—

(a) must have regard to—

(i) any significant costs and benefits for an affected licensee or any other person that the Minister considers are likely to arise out of the making of the Order; and

(ii) any written representations made to the Minister by an affected licensee in accordance with a notice given to the affected licensee under section 33AE; and

(b) may have regard to any other matter that the Minister considers relevant.

S. 33AC inserted by No. 37/2020 s. 7.

33AC Contents of Ministerial licence conditions

(1) Without limiting section 33AB(1), a Ministerial licence condition may include provisions in relation to any of the following—

(a) specifying requirements relating to the connection of supply of electricity to premises, including timeframes for the completion of—

(i) connections or classes of connections under negotiated connection contracts of the supply of electricity—

(A) to premises or classes of premises; or

(B) to premises or classes of premises occupied, or to be occupied, by specified customers or classes of specified customers; and

(ii) specified steps for the completion of connections or classes of connections referred to in subparagraph (i) under negotiated connection contracts;

(b) specifying requirements relating to timeframes for the completion of connections of supply of electricity to premises, including timeframes referred to in paragraph (a);

(c) a matter for which a licence condition may include provisions under section 21 (except section 21(a), (r) and (s)) (the applied provisions).

(2) For the purposes of subsection (1)(c), a reference in the applied provisions to the Commission is to be read as a reference to the Commission or the Minister.

(3) In addition, a Ministerial licence condition may—

(b) differ according to differences in time, place and circumstances;

(c) apply, adopt or incorporate wholly or partially or as amended by the Ministerial licence condition, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i) as formulated, issued, prescribed or published at the time the Ministerial licence condition takes effect or at any time before the Ministerial licence condition takes effect; or

(ii) as amended from time to time;

(d) confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 33AD inserted by No. 37/2020 s. 7.

33AD Consultation with Ministers

Before making an Order under section 33AB(1), the Minister must consult—

(a) the Premier; and

(b) the Treasurer; and

(c) the Minister administering the Essential Services Commission Act 2001, if the Minister is not the Premier or Treasurer.

S. 33AE inserted by No. 37/2020 s. 7.

33AE Consultation with affected licensees in certain cases

(1) Before making an Order pursuant to section 33AB(1)(a) or (b), the Minister must give an affected licensee notice of the Minister's intention to make the Order.

(2) For the purposes of subsection (1), a notice under that subsection must, as the case requires—

(a) set out the condition which is proposed to be specified under the Order as the condition to which the licence held by the affected licensee is to be subject; or

(b) set out the variation proposed under the Order to the Ministerial licence condition to which the licence held by the affected licensee is subject.

(3) In addition, a notice under subsection (1) must state that the affected licensee may make written representations on the matter within—

(a) the period specified in the notice (which must not be less than 14 days after the affected licensee is given notice in accordance with this section); or

(b) any other period that the Minister and the affected licensee agree on.

(4) For the purposes of this section, notice is to be given to an affected licensee as follows—

(a) by notice published in the Government Gazette or in writing to the affected licensee, if the Minister is proposing to make an Order under section 33AB(1) that—

(i) specifies a condition to which a specified class of licence is to be subject and the affected licensee is a holder of a licence of that class; or

(ii) varies a Ministerial licence condition to which a specified class of licence is subject and the affected licensee is a holder of a licence of that class;

(b) in writing to the affected licensee, if the Minister is proposing to make an Order under section 33AB(1) that—

(i) specifies a condition to which only the licence held by the affected licensee is to be subject; or

(ii) varies a Ministerial licence condition to which only the licence held by the affected licensee is subject.

S. 33AF inserted by No. 37/2020 s. 7.

33AF Notification of the Commission

The Minister must give the Commission a copy of a notice under section 33AE as soon as practicable after the notice is given to an affected licensee under that section.

S. 33AG inserted by No. 37/2020 s. 7.

33AG No consultation for proposed Order in certain cases

Sections 33AD and 33AE do not apply if the Order that the Minister proposes under section 33AB(1) is an Order—

(a) to vary a Ministerial licence condition to correct a clerical mistake or an error arising from an accidental slip or omission; or

(b) to revoke a Ministerial licence condition.

S. 33AH inserted by No. 37/2020 s. 7.

33AH Minister to notify Commission of making of Order under section 33AB(1)

The Minister, as soon as practicable after making an Order under section 33AB(1), must notify the Commission of the making of the Order.

S. 33AI inserted by No. 37/2020 s. 7.

33AI Licences are taken to be subject to Ministerial licence conditions

(1) A licence is taken to be subject to an applicable Ministerial licence condition on—

(a) the day on which the Order under which the applicable Ministerial licence condition is specified (the applicable Order) is published in the Government Gazette; or

(b) if the applicable Order specifies a day after the day on which the applicable Order is published in the Government Gazette as the day on which the licence is to be subject to the condition—that day.

(2) A licence is taken to be subject to an applicable Ministerial licence condition as varied under an Order under section 33AB(1) on—

(a) the day on which the Order under which the applicable Ministerial licence condition is varied (the applicable Order) is published in the Government Gazette; or

(b) if the applicable Order specifies a day after the day on which the Order is published in the Government Gazette as the day on which the applicable Ministerial licence condition is varied—that day.

S. 33AJ inserted by No. 37/2020 s. 7.

33AJ Inconsistency between Ministerial licence conditions and Commission licence conditions

A condition decided by the Commission under section 20 as a condition to which a licence is subject, or a provision of an instrument made by the Commission that applies to a licensee under a condition to which the licensee's licence is subject, is of no effect to the extent that the condition or instrument is inconsistent with a deemed Ministerial licence condition.

Pt 2 Div. 3A (Heading and ss 33B–33F) inserted by No. 1/2017 s. 9.

Division 3A—Register of Exempt Persons

S. 33B inserted by No. 1/2017 s. 9.

33B Definitions

exemption means an exemption under an Order made under section 17;

relevant exempt person means a person who, because of an Order made under section 17, will be exempt from a requirement to obtain a licence to undertake any of the following activities when the person is registered in the Register of Exempt Persons—

(a) the generation of electricity for supply or sale;

(b) the transmission of electricity;

(c) the distribution or supply of electricity;

(d) the sale of electricity;

required details means the details required under section 33C(2).

An Order made under section 17 may also exempt a person from a requirement to obtain a licence to undertake the generation of electricity for supply or sale, the transmission of electricity, the distribution or supply of electricity, or the sale of electricity without requiring the person to be registered in the Register of Exempt Persons.

S. 33C inserted by No. 1/2017 s. 9.

33C Register of Exempt Persons

(1) The Commission must establish and maintain a register of relevant exempt persons (the Register of Exempt Persons).

(2) The Commission must enter the following details in the Register of Exempt Persons in respect of every relevant exempt person registered under section 33E (a registered person)—

(a) the name of the registered person;

(b) the activity the registered person undertakes under an exemption;

(c) the date from which the exemption applying to the registered person is in force;

(d) whether the exemption applying to the registered person is in force;

(e) the prescribed particulars (if any).

(3) The Register of Exempt Persons may contain any other information the Commission considers appropriate.

(4) The Register of Exempt Persons is to be kept in the form and manner determined by the Commission.

S. 33D inserted by No. 1/2017 s. 9.

33D Application for registration in Register of Exempt Persons

(1) A relevant exempt person may apply to the Commission to be registered in the Register of Exempt Persons.

(2) An application must—

(a) be in writing in the form approved by the Commission; and

(b) contain the information required by the Commission.

S. 33E inserted by No. 1/2017 s. 9.

33E Registration

(1) On receiving an application under section 33D, the Commission must—

(a) register the relevant exempt person in the Register of Exempt Persons; and

(b) enter the required details in the Register of Exempt Persons.

(2) Registration of a relevant exempt person under this section takes effect when the Commission enters the required details in the Register of Exempt Persons.

S. 33F inserted by No. 1/2017 s. 9.

33F Public availability of Register of Exempt Persons

The Commission must make the required details kept in the Register of Exempt Persons publicly available on its Internet site, free of charge.

Division 4—Appointment of administrator

34 Appointment of administrator

S. 34(1) amended by No. 62/2001 s. 70(d).

(1) This section applies if the Commission considers that—

(a) the contravention by a licensee of the licence conditions threatens the security of electricity supply; and

(b) any other remedies to enforce compliance are not adequate.

S. 34(2) amended by No. 62/2001 s. 70(d).

(2) The Commission may appoint an administrator to the business in respect of which the licence is issued.

(3) The administrator has such functions and powers in relation to the business in respect of which the licence is issued as are specified in the appointment of the administrator.

S. 34(4) amended by No. 62/2001 s. 70(d).

(4) Unless sooner revoked by the Commission, the appointment of an administrator has effect for a period of 28 days but the appointment may be renewed for a further period or periods, each period not exceeding 28 days.

S. 34(5) amended by Nos 62/2001 s. 70(d), 75/2004 s. 17.

(5) The terms and conditions (including remuneration) of appointment of the administrator are to be decided by the Commission.

S. 34A inserted by No. 51/2012 s. 3.

34A Corporations Act displacement

This Division is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Chapter 2D and Chapter 5 of that Act.

Section 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.

Division 5—Terms and conditions
of sale and supply of electricity

S. 35 (Heading) inserted by No. 59/2008 s. 8(1).

35 Offer to domestic or small business customers (licensee standing offers)

S. 35(1) amended by No. 6/2019 s. 4(1).

(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to offer to supply and sell electricity to domestic or small business customers, subject to this section and to any Order in force under section 13 or a price determination in force under such an Order and to the conditions of its licence—

S. 35(1)(a) amended by No. 55/2007 s. 12, substituted by No. 28/2021 s. 14.

(a) at tariffs fixed under an Order in force under section 13 or determined under a price determination in force under such an Order or, if there are no such tariffs, at tariffs determined by the licensee and published by the licensee in the Government Gazette at least one month before they take effect; and

S. 35(1)(b) amended by Nos 62/2001 s. 70(d), 55/2007 s. 12.

(b) on terms and conditions determined by the licensee and approved by the Commission and published by the licensee in the Government Gazette at least one month before they take effect.

S. 35(2) amended by Nos 62/2001 s. 70(d), 75/2004 s. 18, substituted by No. 39/2005 s. 55(1), amended by No. 41/2021 s. 46.

(2) The terms and conditions determined by the licensee for the purposes of subsection (1) must not be inconsistent with the terms and conditions decided by the Commission under section 36(1) or a provision of a Code of Practice.

S. 35(3) amended by Nos 55/2007 s. 12, 59/2008 s. 8(2), 49/2015 s. 7(1), 6/2019 s. 4(2).

(3) Subject to subsections (3A) and (3E) to (3G) and to any Order in force under section 13 or a price determination in force under such an Order, the tariffs determined by a licensee and published in the Government Gazette under subsection (1) may be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.

S. 35(3A) inserted by No. 59/2008 s. 8(3), substituted by No. 6/2019 s. 4(3).

(3A) Subject to subsection (3AB), a licensee must not vary tariffs under subsection (3) that have been in effect for less than—

(a) the period (not exceeding 12 months) determined by the Commission; or

(b) if no period is determined under paragraph (a)—6 months.

S. 35(3AB) inserted by No. 6/2019 s. 4(3).

(3AB) Subsection (3A) does not apply if—

(a) the variation is necessary to comply with an Order in force under section 13 or a price determination in force under such an Order; or

S. 35(3AB)(ab) inserted by No. 28/2020 s. 7(1).

(ab) the variation is necessary to comply with an Order in force under subsection (3AC); or

(b) the Commission, being satisfied that there are special circumstances, exempts the licensee from compliance with that subsection.

S. 35(3AC) inserted by No. 28/2020 s. 7(2).

(3AC) The Minister, by Order published in the Government Gazette, may, as a consequence of the enactment of Division 6A of Part 3 of the National Electricity (Victoria) Act 2005 and any variations made to an applicable 2016–2020 distribution determination under that Division—

(a) direct a licensee to vary tariffs under subsection (3) as specified under the Order; and

(b) specify the period within which the tariffs must be varied.

S. 35(3AD) inserted by No. 28/2020 s. 7(2).

(3AD) Without limiting subsection (3AC)(a), a direction under an Order under subsection (3AC) may specify principles, a formula or methodology in accordance with which tariffs must be varied.

S. 35(3B) inserted by No. 49/2015 s. 7(2).

(3B) The Minister, by Order published in the Government Gazette, may specify either or both of the following—

(a) a date on which, or period within which, licensees may publish a notice referred to in subsection (3);

(b) a date on which, or period within which, tariffs varied in accordance with subsection (3) must take effect.

S. 35(3C) inserted by No. 49/2015 s. 7(2).

(3C) A date specified in an Order made in the exercise of the power under subsection (3B)(b) may be a date that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.

S. 35(3D) inserted by No. 49/2015 s. 7(2).

(3D) A period specified in an Order made in the exercise of the power under subsection (3B)(b) may end on a day that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.

S. 35(3E) inserted by No. 49/2015 s. 7(2).

(3E) If an Order made in the exercise of the power under subsection (3B)(a) is in effect, a licensee must not vary the tariffs under subsection (3) unless the notice referred to in subsection (3) is published on the date or within the period specified in the Order (as the case requires).

S. 35(3F) inserted by No. 49/2015 s. 7(2).

(3F) If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a date on which tariffs varied in accordance with subsection (3) must take effect, the tariffs take effect on the date specified in the Order.

S. 35(3G) inserted by No. 49/2015 s. 7(2).

(3G) If an Order made in the exercise of the power under subsection (3B)(b) is in effect and the Order specifies a period within which tariffs varied in accordance with subsection (3) must take effect and the date specified in a notice under subsection (3) is within that period, the tariffs take effect on that date.

S. 35(4) amended by Nos 62/2001 s. 70(d), 59/2008 s. 8(4).

(4) The terms and conditions determined by a licensee and published in the Government Gazette under subsection (1) may, with the approval of the Commission, be varied by notice published by the licensee in the Government Gazette not less than one month before the variation is to take effect.

S. 35(4A) inserted by No. 91/2004 s. 7(1).

(4A) A person who is a domestic or small business customer may accept an offer by a licensee under this section even if the person was previously a party to a contract for the supply or sale of electricity on different terms and conditions with the same licensee or another licensee.

(5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a domestic or small business customer or class of domestic or small business customers.

(6) An Order under subsection (5) may specify a class of persons by reference to all or any of the following—

S. 35(7) amended by Nos 62/2001 s. 70(d), 75/2004 s. 18.

(7) An Order under subsection (5) may confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 35(7A) inserted by No. 30/2003 s. 85, substituted by Nos 106/2003 s. 22(1), 72/2010 s. 48(Sch. item 8(1)).

(7A) Section 81 of the Australian Consumer Law (Victoria) does not apply to the amendment of an agreement for the sale and supply of electricity that is the result of a variation under subsection (3) or (4) if the agreement is an unsolicited consumer agreement.

S. 35(7B) inserted by No. 106/2003 s. 22(1), amended by No. 72/2010 s. 48(Sch. item 8(3)).

(7B) Sections 78(2), 83, 84 and 85 of the Australian Consumer Law (Victoria) do not apply to a contract for the supply or sale of electricity to a domestic or small business customer.

S. 35(7C) inserted by No. 106/2003 s. 22(1), amended by No. 72/2010 s. 48(Sch. item 8(4)).

(7C) Section 82 of the Australian Consumer Law (Victoria) does not apply to a contract for the supply or sale of electricity to a domestic or small business customer unless the terms and conditions determined for the purpose of subsection (1) (in compliance with subsection (2)) require the inclusion of a cooling-off period in that contract.

S. 35(7D) inserted by No. 106/2003 s. 22(1), amended by No. 72/2010 s. 48(Sch. item 8(5)).

(7D) If section 82(3)(b) of the Australian Consumer Law (Victoria) applies to a contract for the supply or sale of electricity to a domestic or small business customer then, for the purposes of that subsection, the domestic or small business customer is deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer.

(8) In this section—

S. 35(8) def. of applicable 2016–2020 distribution determination inserted by No. 28/2020 s. 7(3).

applicable 2016–2020 distribution determination has the same meaning as in section 16VA(1) of the National Electricity (Victoria) Act 2005;

S. 35(8) def. of cooling-off period inserted by No. 106/2003 s. 22(2), amended by Nos 59/2008 s. 8(5)(a), 72/2010 s. 48(Sch. item 8(2)(a)).

cooling-off period means a period within which a person is entitled under a contract to cancel the contract;

S. 35(8) def. of domestic or small business customer repealed by No. 59/2008 s. 8(5)(b).

S. 35(8) def. of price determination inserted by No. 6/2019 s. 4(4).

price determination means a determination under section 33 of the Essential Services Commission Act 2001;

S. 35(8) def. of unsolicited consumer agreement inserted by No. 72/2010 s. 48(Sch. item 8(2)(b)).

unsolicited consumer agreement has the same meaning as in section 69 of the Australian Consumer Law (Victoria).

S. 35(9) amended by Nos 40/2003 s. 16, 91/2004 s. 7(2), 55/2007 s. 7, repealed by No. 59/2008 s. 8(6).

S. 35A inserted by No. 59/2008 s. 9, amended by No. 3/2014 s. 6(a).

35A Licensee standing offer tariffs to be given to Commission

Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee—

S. 35A(a) substituted by No. 3/2014 s. 6(b).

(a) to, as soon as practicable after the licensee publishes tariffs in accordance with section 35, input those tariffs into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and

S. 35A(b) substituted by No. 3/2014 s. 6(b).

(b) if an Internet site has not been nominated by the Minister for the purposes of paragraph (a), to, on the same day the licensee publishes tariffs in accordance with section 35—

(i) give a copy of those tariffs to the Commission; and

(ii) inform the Commission, in writing, of the day those tariffs take effect.

S. 35B inserted by No. 59/2008 s. 9, substituted by No. 3/2014 s. 7.

35B Commission must publish on Internet licensee standing offer tariffs

The Commission must publish on its Internet site tariffs it is given under section 35A(b) on the day those tariffs take effect.

S. 35C inserted by No. 59/2008 s. 9.

35C Internet publication and bill notification of licensee standing offers

(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to—

(a) publish, in accordance with guidelines issued under subsection (2), on the licensee's Internet site details of licensee standing offers that are in effect; and

S. 35C(1)(b) amended by No. 57/2009 s. 3.

(b) notify, in writing, a domestic or small business customer of the licensee standing offer that is in effect and that applies to electricity sold to that customer at any time before or in or with the customer's first electricity bill after that licensee standing offer has taken effect.

(2) The Commission must prepare and issue guidelines for the purposes of this section specifying—

(a) the manner of publication of details of licensee standing offers that are in effect, including the accessibility of those licensee standing offers on a licensee's Internet site; and

(b) the nature of the details to be published; and

(c) any other matters that the Commission considers relevant.

S. 35D (Heading) amended by No. 49/2015 s. 8(1).

S. 35D inserted by No. 59/2008 s. 9.

35D Required tariff information and licensee contact information to be published in newspaper and Government Gazette

S. 35D(1) amended by No. 49/2015 s. 8(2).

(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity, being a licence under which electricity may be sold to domestic or small business customers, is subject, include a condition requiring the licensee to, on the required day, publish in a newspaper circulating generally throughout Victoria and in the Government Gazette—

(a) required tariff information; and

(b) the licensee's contact information.

licensee's contact information means all of the following information—

(a) the licensee's telephone number;

(b) the licensee's fax number;

(c) the licensee's postal address;

(d) the Internet address of the licensee's Internet site;

required day means the day the licensee varies a tariff or tariffs for the supply and sale of electricity by notice published in the Government Gazette in accordance with section 35(3);

required tariff information means—

(a) tariff variation information; and

(b) the date a tariff or tariffs varied in accordance with section 35(3) takes or take effect; and

(c) a description of the tariff or tariffs referred to in paragraph (b); and

(d) the main reasons for the variation of a tariff or tariffs referred to in paragraph (b);

S. 35D def. of tariff variation information amended by No. 28/2021 s. 15.

tariff variation information means—

(a) in the case of a single tariff for the supply and sale of electricity determined by a licensee under section 35(1)(a) that is varied in accordance with section 35(3), the weighted tariff variation relating to that tariff determined in accordance with an Order under section 35E;

(b) in the case where more than one tariff for the supply and sale of electricity determined by a licensee under section 35(1)(a) is varied in accordance with section 35(3) at the same time in accordance with section 35, the weighted tariff variation relating to those tariffs determined in accordance with an Order under section 35E.

S. 35E inserted by No. 59/2008 s. 9.

35E Order specifying method and variables to be used to determine weighted tariff variation

The Governor in Council, by Order published in the Government Gazette, may specify the method and variables to be used to determine the weighted tariff variation for the purposes of paragraphs (a) and (b) of the definition of tariff variation information in section 35D(2).

36 Terms and conditions of contracts for sale of electricity to certain customers

S. 36(1) amended by No. 37/2020 s. 8(1).

(1) Subject to subsection (1B), a term or condition in a contract for the supply or sale of electricity by a licensee to a relevant customer (whether entered into before or after the commencement of this section) is void to the extent that it is inconsistent with—

S. 36(1)(a) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19.

(a) terms and conditions decided by the Commission that—

(i) specify the circumstances in which the supply of electricity to premises may be disconnected; and

S. 36(1)(a)(ii) amended by No. 62/2001 s. 70(d).

(ii) require the licensee to provide information specified by the Commission about the rights and entitlements of customers; and

(iii) specify the circumstances in which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and

S. 36(1)(a)(iiia) inserted by No. 6/2019 s. 5.

(iiia) specify the circumstances in which the licensee may, or must not, offer or give a discount or other benefit to a relevant customer, including—

(A) the maximum amount or value of a discount or other benefit that may be offered or given to a relevant customer; and

(B) the periods when a discount or other benefit may be offered or given to a relevant customer; and

S. 36(1)(a)(iiib) inserted by No. 6/2019 s. 5.

(iiib) specify a period during which the licensee must not vary the tariffs applying under the contract unless exempted to do so by the Commission; and

(iv) make provision for confidentiality of customer information; and

S. 36(1)(b) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19, 41/2021 s. 47(1)(a).

(b) any other terms and conditions decided by the Commission and provided for in the licence of the licensee; and

S. 36(1)(c) inserted by No. 41/2021 s. 47(1)(b).

(c) a provision of a Code of Practice.

S. 36(1A) inserted by No. 91/2004 s. 8(1).

(1A) In deciding terms and conditions that specify the circumstances in which the supply of electricity to premises may be disconnected, the Commission must have regard to—

(a) the essential nature of the electricity supply; and

(b) community expectations that ongoing access to electricity supply will be available; and

(c) the principle that the electricity supply to premises should only be disconnected as a last resort.

S. 36(1AB) inserted by No. 41/2021 s. 47(2).

(1AB) The Commission must not decide a term or condition under subsection (1)(a) or (b) that is inconsistent with—

(a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or

(b) a provision of a Code of Practice.

S. 36(1B) inserted by No. 37/2020 s. 8(2), substituted by No. 41/2021 s. 47(3).

(1B) A term or condition referred to in subsection (1)(a) or (b) is of no effect to the extent that it is inconsistent with—

(a) a deemed Ministerial licence condition to which the licence held by the licensee is subject; or

(b) a provision of a Code of Practice.

(2) If a term or condition of a contract is void pursuant to subsection (1) because of an inconsistency with a term or condition referred to in subsection (1)(a) or (b), that term or condition referred to in subsection (1)(a) or (b) is deemed to form part of that contract in place of the void term or condition.

(3) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers.

(4) An Order under subsection (3) may specify a class of persons by reference to all or any of the following—

S. 36(5) amended by Nos 62/2001 s. 70(d), 75/2004 s. 19.

(5) An Order under subsection (3) may confer powers and functions on, and leave any matter to be decided by, the Commission.

S. 36(5A) inserted by No. 106/2003 s. 22(3), amended by No. 72/2010 s. 48(Sch. item 8(6)).

(5A) Sections 78(2), 83, 84 and 85 of the Australian Consumer Law (Victoria) do not apply to a contract for the supply or sale of electricity to a relevant customer.

S. 36(5B) inserted by No. 106/2003 s. 22(3), amended by Nos 75/2004 s. 19, 72/2010 s. 48(Sch. item 8(7)).

(5B) Section 82 of the Australian Consumer Law (Victoria) does not apply to a contract for the supply or sale of electricity to a relevant customer unless the terms and conditions decided for the purpose of subsection (1) require the inclusion of a cooling-off period in that contract.

S. 36(5C) inserted by No. 106/2003 s. 22(3), amended by No. 72/2010 s. 48(Sch. item 8(8)).

(5C) If section 82(3)(b) of the Australian Consumer Law (Victoria) applies to a contract for the supply or sale of electricity to a relevant customer then, for the purposes of that subsection, the relevant customer is deemed to have received the document evidencing the contract and the notice on the day on which the licensee is taken under that contract to have given the document and notice to the customer.

S. 36(6) def. of cooling-off period inserted by No. 106/2003 s. 22(4).

cooling-off period means a period within which a person is entitled under a contract to cancel the contract;

relevant customer means a person, or a member of a class of persons, to whom an Order under subsection (3) applies.

S. 36(7) amended by Nos 40/2003 s. 17, 91/2004 s. 8(2), 55/2007 s. 8, repealed by No. 59/2008 s. 10.

S. 36A (Heading) amended by No. 59/2008 s. 11(1).

S. 36A inserted by No. 91/2004 s. 9.

36A Publication of tariffs, terms and conditions of sale of electricity (relevant published offers)

S. 36A(1) substituted by No. 59/2008 s. 11(2).

(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity issued to a specified retailer is subject include a condition requiring the specified retailer in specified circumstances—

(a) to publish on its Internet site, in accordance with this section, details of the tariffs and terms and conditions on which that retailer sells electricity to small retail customers; and

S. 36A(1)(b) substituted by No. 3/2014 s. 8(1).

(b) to, as soon as practicable after details of the tariffs, terms and conditions are published in accordance with paragraph (a), input those details into an Internet site nominated by the Minister so that the tariffs are able to be published on the Internet; and

S. 36A(1)(c) inserted by No. 3/2014 s. 8(1).

(c) if an Internet site has not been nominated by the Minister for the purposes of paragraph (b), to, on the same day the retailer publishes the details of the tariffs, terms and conditions in accordance with paragraph (a), give a copy of those details to the Commission.

S. 36A(1A) inserted by No. 59/2008 s. 11(2), amended by No. 3/2014 s. 8(2).

(1A) The Commission must publish on its Internet site the details of the tariffs, terms and conditions it receives under subsection (1)(c) as soon as practicable after receiving those details.

(2) The Commission must prepare and issue guidelines for the purposes of this section specifying—

S. 36A(2)(a) amended by No. 59/2008 s. 11(3).

(a) the manner of publication of the tariffs and terms and conditions, including the accessibility of the details of those tariffs and terms and conditions on a specified retailer's Internet site; and

(b) the nature of the details to be published; and

(c) any other matters that the Commission considers relevant.

(3) A specified retailer must comply with the guidelines issued under subsection (2) when complying with the licence condition in subsection (1).

(4) This section does not apply to tariffs and terms and conditions published under section 35.

S. 36A(5) repealed by No. 59/2008 s. 11(4).

S. 36A(6) amended by No. 55/2007 s. 9, repealed by No. 59/2008 s. 11(4).

S. 37 amended by No. 40/2003 s. 18, substituted by No. 91/2004 s. 10.

37 Deemed contracts with former franchise customers

(1) If a person—

(a) was a franchise customer within the meaning of the Electricity Industry Act 1993 immediately before 1 January 2001; and

(b) has not entered into a new contract with a licensee which takes effect on or after that date—

there is deemed to be a contract between that person and the licensee of which the person was a customer immediately before that date for the supply and sale of electricity at the tariffs and on the terms and conditions determined and published by that licensee under section 35.

(2) The deemed contract continues until—

(a) the contract is terminated; or

(b) if the customer enters into a new contract for the purchase of electricity from the licensee in respect of the same premises, on the date of taking effect of that new contract—

S. 37(3) amended by No. 55/2007 s. 10, repealed by No. 59/2008 s. 12.

S. 38 amended by Nos 62/2001 s. 70(d), 75/2004 s. 20, repealed by No. 91/2004 s. 11.

S. 39 amended by No. 13/2001 s. 4(1), substituted by No. 85/2001 s. 7.

39 Deemed contracts for supply and sale for relevant customers

(1) If a relevant customer commences to take supply of electricity at premises from the relevant licensee without having entered into a supply and sale contract with that licensee, there is deemed, on the commencement of that supply, to be a contract between that licensee and that customer for the supply and sale of electricity—

S. 39(1)(a) substituted by No. 91/2004 s. 12(1).

(a) at the tariffs and on the terms and conditions determined and published by that licensee under section 35; and

S. 39(1)(b) amended by No. 75/2004 s. 21(1).

(b) on the conditions decided and provided for by the Commission under subsection (5).

(2) If a relevant customer—

(a) commences to take supply of electricity at premises under a supply and sale contract with the relevant licensee; and

(b) that customer cancels the supply and sale contract within the cooling-off period relating to the contract; and

(c) that customer continues to take electricity from that licensee without entering into a further supply and sale contract with that licensee—

there is deemed, on the cancellation of the supply and sale contract, to be a contract between that licensee and that customer for the supply and sale of electricity—

S. 39(2)(d) substituted by No. 91/2004 s. 12(2).

(d) at the tariffs and on the terms and conditions determined and published by that licensee under section 35; and

S. 39(2)(e) amended by No. 75/2004 s. 21(1).

(e) on the conditions decided and provided for by the Commission under subsection (5).

(3) A deemed contract under subsection (2) is deemed to commence on the commencement of supply referred to in subsection (2)(a).

S. 39(4) substituted by No. 72/2010 s. 48(Sch. item 8(9)).

(4) If a supply and sale contract referred to in subsection (2)(a) is an unsolicited consumer agreement, sections 84 and 85 of the Australian Consumer Law (Victoria) do not apply on the cancellation of that contract.

S. 39(5) amended by No. 75/2004 s. 21(2).

(5) Without limiting the generality of section 20, the Commission may decide, and provide for in the licence of a licensee, conditions setting out—

(a) circumstances in which a licensee must continue to supply or sell electricity to a customer to whom the licensee supplies or sells electricity under a deemed contract under this section after that contract comes to an end in accordance with subsection (7)(d) or (e); and

(b) events on the happening of which a deemed contract under this section may come to an end.

(6) A condition referred to in subsection (5)(a) must provide for the tariff or tariffs and the terms and conditions for the continued supply or sale of electricity to be determined by the licensee.

S. 39(6A) inserted by No. 91/2004 s. 12(3).

(6A) A person who is a relevant customer may be a party to a deemed contract under this section even if the person has previously been a party to a contract for the supply or sale of electricity to different premises on different terms and conditions with the same licensee or another licensee.

(7) A deemed contract under this section comes to an end—

(a) if the contract is terminated; or

(b) if the customer enters into a new contract for the purchase of electricity from the licensee in respect of the same premises, on the date of taking effect of that new contract; or

(c) if the customer transfers to become the customer of another licensee; or

(d) at the end of 180 days after the day on which the deemed contract commences; or

S. 39(7)(da) inserted by No. 28/2021 s. 7.

(da) if the supply of electricity at the premises is disconnected in accordance with section 40SQ; or

S. 39(7)(e) amended by No. 75/2004 s. 21(1).

(e) on the happening of an event decided and provided for by the Commission under subsection (5)(b)—

(8) Subsection (1) does not apply where the relevant customer referred to in that subsection commences to take the supply of electricity by fraudulent or illegal means.

(9) Subsection (2) does not apply where the relevant customer referred to in that subsection takes the supply of electricity by fraudulent or illegal means after the cancellation of the supply and sale contract referred to in subsection (2)(a).

(10) In this section—

S. 39(10) def. of cooling-off period amended by Nos 106/2003 s. 22(5), 72/2010 s. 48(Sch. item 8(10)(a)).

cooling-off period means the period within which a relevant customer is entitled under a supply and sale contract or section 82 of the Australian Consumer Law (Victoria) to cancel the contract;

relevant customer has the same meaning as in section 36;

relevant licensee, in relation to premises, means the licensee who is responsible for the electricity supplied at those premises for the purposes of settlement of the wholesale electricity market;

S. 39(10) def. of
supply and sale contract amended by No. 72/2010 s. 48(Sch. item 8(10)(b)), repealed by No. 28/2021 s. 4.

S. 39(10) def. of unsolicited consumer agreement inserted by No. 72/2010 s. 48(Sch. item 8(10)(c)).

unsolicited consumer agreement has the same meaning as in section 69 of the Australian Consumer Law (Victoria).

S. 39(11) amended by Nos 40/2003 s. 19, 91/2004 s. 12(4), 55/2007 s. 11, repealed by No. 59/2008 s. 13.

S. 39A inserted by No. 59/2008 s. 14.

39A Commission must report to Minister on electricity supply offers

(1) The Commission must by the end of every calendar year, and at other times the Minister directs in writing, prepare and give to the Minister a report that, for the reporting period, compares and assesses—

(a) licensee standing offers, deemed standing offers in effect during the reporting period, and relevant published offers and other offers of retailers to supply and sell electricity that were available during the reporting period;

(b) variations to licensee standing offers, deemed standing offers, relevant published offers and other offers to supply and sell electricity during the reporting period.

(2) A report under subsection (1)—

(a) may include information about any trends in relation to variations to licensee standing offers, deemed standing offers, relevant published offers and other offers of retailers to supply and sell electricity over a period; and

(b) must also include any other information that the Minister, in writing, requires to be included.

(3) A period referred to in subsection (2)(a) may be greater than the reporting period.

(4) The Commission must publish a report under subsection (1) on its Internet site as soon as practicable after giving it to the Minister.

(5) In this section—

deemed standing offer means the tariffs and terms and conditions constituting a deemed contract for the supply and sale of electricity under section 37 or section 39;

reporting period means the financial year ending in the calendar year in which the Commission must give its report to the Minister.

S. 40 amended by No. 13/2001 s. 4(2), repealed by No. 85/2001 s. 7.

S. 40A inserted by No. 13/2001 s. 5.

40A Deemed distribution contracts

(1) A distribution company may from time to time, subject to the conditions of its licence, give notice of terms and conditions applying in respect of the distribution or supply of electricity by the distribution company to retail customers or a class of retail customers.

S. 40A(2) amended by No. 62/2001 s. 70(i)(i) (as amended by No. 11/2002 s. 3(Sch. 1 item 23)).

(2) The terms and conditions must be approved by the Commission before a notice is given under subsection (1).

S. 40A(3) amended by Nos 62/2001 s. 70(i)(i)(ii) (as amended by No. 11/2002 s. 3(Sch. 1 item 23)), 46/2014 s. 3(1), substituted by No. 37/2020 s. 9(1), amended by No. 41/2021 s. 48(1).

(3) Subject to subsection (3A), unless the Commission approves otherwise in a particular case, the terms and conditions must not be inconsistent with the applicable Code of Practice.

S. 40A(3AA) inserted by No. 37/2020 s. 9(1), amended by No. 41/2021 s. 48(2).

(3AA) If the applicable Code of Practice is inconsistent with a deemed Ministerial licence condition to which the licence held by the distribution company is subject, that Code of Practice is of no effect to the extent of the inconsistency, and unless the Commission approves otherwise in a particular case, the terms and conditions must not be inconsistent with that deemed Ministerial licence condition.

S. 40A(3A) inserted by No. 46/2014 s. 3(2).

(3A) The Commission must approve terms and conditions that give effect to or are necessary to comply with an Order made under section 46D.

(4) The approved terms and conditions of which notice is given under this section—

(a) take effect on the day on which they are published in the Government Gazette; and

(b) are binding on the distribution company and the retail customers to which they are expressed to apply.

(5) A distribution company and a retail customer are deemed to have entered into a contract on the terms and conditions published under subsection (4) on a date determined in accordance with those terms and conditions.

(6) A distribution company may from time to time vary any terms and conditions of which notice is given under this section.

(7) This section applies to a variation under subsection (6) in the same manner as it applies to the making, approval and notification of the terms and conditions.

(8) A distribution company, subject to the conditions of its licence, and a retail customer may by agreement in writing vary any of the terms and conditions of a deemed contract under subsection (5).

(9) A deemed contract under subsection (5) may be terminated in accordance with its terms and conditions.

(10) Nothing in this section affects any contract existing immediately before the commencement of section 5 of the Electricity Industry Acts (Further Amendment) Act 2001 between a distribution company and a retail customer.

S. 40A(11) substituted by No. 37/2020 s. 9(2).

(11) In this section—

S. 40A(11) def. of applicable Code of Practice inserted by No. 41/2021 s. 48(3)(a).

applicable Code of Practice means—

(a) the document entitled "Electricity Distribution Code" that is taken under section 76(1) of the Essential Services Commission Act 2001 to be a Code of Practice made under section 47(1) of that Act; or

(b) if the Code of Practice referred to in paragraph (a) is revoked, another Code of Practice that applies for the purposes of subsections (3) and (3AA);

S. 40A(11) def. of Electricity Distribution Code repealed by No. 41/2021 s. 48(3)(b).

retail customer, in relation to a distribution company, means a customer of a retailer to which the distribution company distributes or supplies electricity.

S. 40B inserted by No. 91/2004 s. 13.

40B Compensation for wrongful disconnection

S. 40B(1) amended by No. 28/2021 s. 8(1)(a)(b).

(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity is subject include a condition requiring the retailer to make a payment of the prescribed amount to a relevant customer in accordance with this section if the retailer arranges for the supply of electricity at the premises of that customer to be disconnected and—

S. 40B(1)(a) substituted by No. 28/2021 s. 8(1)(c).

(a) the retailer does so otherwise than in accordance with Subdivision 3 of Division 5C; or

S. 40B(1)(b) substituted by No. 28/2021 s. 8(1)(c).

(b) the retailer fails to comply with the terms and conditions of the supply and sale contract specifying the circumstances in which the supply of electricity at those premises may be disconnected.

S. 40B(1A) inserted by No. 59/2011 s. 34(1), amended by No. 28/2021 s. 8(2).

(1A) Despite subsection (1), if the relevant customer does not notify the retailer of the disconnection within 14 days after the disconnection, the maximum payment under a condition under subsection (1) is the prescribed capped amount.

(2) A payment under a condition under subsection (1) may be made directly to the customer or by way of rebate on the customer's electricity bill.

S. 40B(3) substituted by No. 28/2021 s. 8(3).

(3) A payment under a condition under subsection (1) must be made as soon as practicable after—

(a) the reconnection of the supply of electricity at the premises of the relevant customer arranged by a retailer under this Act; or

(b) a relevant event occurs.

(4) Nothing in this section affects any other right any person or body may have to take action against a licensee in relation to a disconnection of a supply of electricity.

(5) In this section—

S. 40B(5) def. of prescribed amount amended by No. 49/2015 s. 9, substituted by No. 28/2021 s. 8(4)(a).

prescribed amount means—

(a) the amount prescribed by the regulations for the purposes of this section; or

(b) if no amount is prescribed by the regulations—

(i) if a relevant event occurs—$500 for each whole day that the supply of electricity is disconnected and a pro rata amount for any part of a day that the supply of electricity is disconnected, ending on the occurrence of the relevant event; or

(ii) in any other case—$500 for each whole day that the supply of electricity is disconnected and a pro rata amount for any part of a day that the supply of electricity is disconnected;

S. 40B(5) def. of prescribed capped amount inserted by No. 59/2011 s. 34(2).

prescribed capped amount means—

(a) the amount prescribed by the regulations for the purposes of subsection (1A); or

(b) if no amount is prescribed, $3,500.00;

S. 40B(5) def. of relevant customer amended by No. 28/2021 s. 8(4)(b).

relevant customer has the same meaning as in section 36;

S. 40B(5) def. of relevant event inserted by No. 28/2021 s. 8(4)(c).

relevant event means—

(a) a relevant customer's refusal of an offer from a retailer to arrange for the reconnection of the supply of electricity at the relevant customer's premises; or

(b) an event the result of which means it is not reasonably practicable for the retailer to arrange for the reconnection of the supply of electricity at the relevant customer's premises; or

(c) a prescribed event.

S. 40B(6) inserted by No. 28/2021 s. 8(5).

(6) For the purposes of the definition of relevant event in subsection (5), an offer from a retailer must not include any condition or requirement for reconnection other than any condition or requirement permitted under the supply and sale contract or any Act or law.

S. 40C inserted by No. 91/2004 s. 13.

40C Prohibition on fees for late payment

(1) A term or condition in a contract for the supply or sale of electricity by a licensee to a small retail customer (whether entered into before or after the commencement of this section) is void to the extent that it permits the licensee to charge the customer a fee or charge for late payment of an electricity bill.

(2) Nothing in this section prevents a licensee from offering an incentive or rebate to a small retail customer for paying an electricity bill on or before the due date for payment.

(3) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.

S. 40D inserted by No. 91/2004 s. 13.

40D Regulation of exit fees

S. 40D(1AA) inserted by No. 49/2015 s. 10(1).

(1AA) Without limiting the generality of sections 20(2) or (3) or 21, the conditions to which a licence to sell electricity is subject include a condition prohibiting, on and after the commencement of section 10 of the Energy Legislation Amendment (Consumer Protection) Act 2015, the licensee from entering into a contract for the supply or sale of electricity between the licensee and a small retail customer that imposes an exit fee on the termination of the contract unless—

(a) the contract is a fixed-term retail contract; and

(b) the following will not change during the term of the contract—

(i) any tariffs, charges and fees for electricity supplied under that contract;

(ii) any discount which applies to tariffs, charges and fees for electricity supplied under that contract;

(iii) any terms and conditions that apply to electricity supplied under that contract.

S. 40D(1) amended by No. 49/2015 s. 10(2).

(1) The Governor in Council may by Order published in the Government Gazette regulate the imposition by a licensee under a fixed-term retail contract of an exit fee that is not otherwise prohibited under subsection (1AA) on the termination of that contract.

(2) An Order under subsection (1) may specify terms and conditions applying to the imposition of exit fees.

S. 40D(3) substituted by No. 49/2015 s. 10(3).

(3) An Order under subsection (1) may also provide that a fixed-term retail contract must include a condition providing that the small retail customer may terminate the contract by giving the required period of notice to the licensee.

S. 40D(4) amended by No. 49/2015 s. 10(4).

(4) If an Order under subsection (1) requires the inclusion of a condition referred to in subsection (3) in a fixed-term retail contract, that condition is deemed to form part of that contract.

(5) Nothing in this section or an Order under this section prevents a licensee from offering an incentive or rebate to a small retail customer to remain a customer of the licensee.

(6) An Order under subsection (1) has effect from the date specified in the Order.

S. 40D(7) repealed by No. 41/2021 s. 49.

(8) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.

exit fee means a fee or charge payable on the termination of a contract but does not include any fee or charge for electricity supplied under the contract;

S. 40D(9) def. of
fixed-term retail contract inserted by No. 49/2015 s. 10(5).

fixed-term retail contract means a contract for the supply or sale of electricity between a licensee and a small retail customer that contains a term or condition that specifies—

(a) the date on which the contract will end; or

(b) a method for calculating the date on which the contract will end and which is ascertainable at the time the contract is entered;

required period of notice means the longer of—

(a) the period of notice agreed between the licensee and the small retail customer; and

(b) the period of notice specified in an Order under subsection (1).

S. 40E inserted by No. 91/2004 s. 13.