16Prohibition

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**.