3Definitions

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 of *Adminis–trative Office* inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.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 of *CEO VicGrid* inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.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 of *CEO VicGrid authorised representative* inserted by No. 38/2025 s. 66, repealed by No. 38/2025 s. 71.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.