93BNotification of owners or occupiers of land on which there is rail infrastructure or rolling stock

93B Notification of owners or occupiers of land on which there is rail infrastructure or rolling stock An electricity corporation must, before exercising a power under section 93 on land on which there is rail infrastructure or rolling stock, notify the owner or occupier of that land of the intended exercise of the power if the exercise of that power will threaten, or is likely to threaten, the safety of that rail infrastructure or rolling stock. 1. 300 penalty units. Pt 5 Div. 3 Subdiv. 3 (Heading and ss 93BA–93BE) inserted by No. 38/2025 s. 65. Subdivision 3—Further statutory power of entry S. 93BA inserted by No. 38/2025 s. 65. 93BA Authorisation by Minister (1) The Minister may, in accordance with this section, authorise by instrument— (a) a public sector employee specified in the instrument; or (b) each public sector employee belonging to a class specified in the instrument— for the purposes of this Subdivision. (3) The Minister may specify in the instrument any conditions that the Minister considers to be appropriate. The authorisation is also subject to conditions set out in the regulations—see paragraph (a) of the definition of ***conditions of authorisation*** in section 92A. (4) Without limiting subsection (3), the Minister may specify a condition that the authorised officer is only to exercise a power under section 93BC for a purpose set out in the condition. S. 93BB inserted by No. 38/2025 s. 65. 93BB Identification cards (1) The Secretary must issue to each authorised officer a card that complies with subsection (2). (2) An identification card issued to an authorised officer must— (a) set out the name of the authorised officer; and (b) contain a photograph of the authorised officer; and (c) indicate that the person is an authorised officer. (3) If a person to whom an identification card is issued ceases to be an authorised officer, the person must return the card to the Secretary. S. 93BC inserted by No. 38/2025 s. 65. 93BC Power to enter land (1) An authorised officer may, in accordance with this Subdivision, enter any land to do either of the following things on that land or on any other land— (a) exercise a power under section 93, if section 93 authorises the officer to do so; or (b) facilitate the exercise of a power under section 93 by another person. Other provisions of this Subdivision set out certain circumstances in which an authorised officer must not enter land under this provision. See sections 93BD(1) and 93BE(1). (2) Subsection (1) does not authorise an authorised officer— (a) to enter land contrary to the conditions of their authorisation; or (b) to enter— (i) residential premises; or (ii) a building; or (c) to exercise a power under section 93. (3) An authorised officer may be accompanied by another person when entering land under subsection (1) if the officer reasonably believes that is necessary to enable the doing of a thing referred to in that subsection. (4) A person who is to accompany an authorised officer in entering land under subsection (3) is authorised to enter that land. (5) An authorised officer who enters land under subsection (1) to do a thing referred to in that subsection may do or cause to be done any other thing that the officer reasonably believes is necessary to enable the thing to be done. S. 93BD inserted by No. 38/2025 s. 65. 93BD Notice of proposed entry must be given in advance (1) A person must not enter land under section 93BC unless a notice setting out the information set out in subsection (2) has been served in accordance with this section in respect of that entry. (2) The information that the notice must contain is— (a) each date on which the entry is to occur; and (b) a statement that an authorised officer may enter on each of those dates; and (c) the purpose for which the entry is to occur; and (d) if the notice is to be served using the publication and affixing method set out in subsection (6), sufficient information to identify at least one entity that either owns or occupies the land; and If the notice is to be served using a method permitted by section 93BU, see subsection (3). (e) if the notice is to be affixed under (6)(b), a statement that it is an offence to obscure, damage or destroy the notice until after the last day specified under paragraph (a); and (f) the prescribed information (if any). (3) A notice that is to be served using a method permitted by section 93BU, the notice— (a) may be addressed by— (i) using the description of "the owner" or "the occupier" (as the case requires); and (ii) identifying the land referred to in subsection (1); and (b) does not need to further name or describe the entity on which it is to be served. (4) A notice is served in accordance with this section if— (a) the notice is served on at least one entity that either owns or occupies the land; and (b) the person who serves the notice, or who causes it to be served, is— (i) an authorised officer; or (ii) if the entry is to facilitate the exercise of a power under section 93 by an electricity corporation (including by its officers or employees), that electricity corporation; and (c) the notice is served on that entity either— (i) by using a method permitted by section 93BU; or (ii) if subsection (5) permits the use of the publication and affixing method set out in subsection (6), by using that method; and (d) the notice is served at least 30 business days before the first date specified under subsection (2)(a); and (e) subject to subsection (9), the notice is served again at least 48 hours before the first date specified under subsection (2)(a). (5) The notice may be served on an entity by using the publication and affixing method set out in subsection (6) if— (b) the person referred to in subsection (4)(b) has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and (c) despite those efforts, the person referred to in subsection (4)(b) still does not know the individual's location. (6) The publication and affixing method of serving the notice is— (i) to an entrance to the land referred to in subsection (1); or (7) A person must not, without reasonable excuse, obscure, damage or destroy a notice affixed under subsection (6)(b) until after the last day specified in the notice under subsection (2)(a). (8) It does not matter whether the entity on whom the notice is served as described in subsection (4)(e) is the entity on whom the notice was served as described in subsection (4)(d). (9) Subsection (4)(e) does not require service of a notice on an individual (by any method) if— (a) the person referred to in subsection (4)(b) has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and (b) despite those efforts, the person referred to in subsection (4)(b) still does not know the individual's location. S. 93BE inserted by No. 38/2025 s. 65. 93BE Entry must be proportionate (1) An authorised officer who enters land under section 93BC must take all reasonable steps to ensure that the entry onto the land is no more disruptive than is reasonably necessary having regard to the purpose of the entry. (2) Without limiting subsection (1), the authorised officer must take all reasonable steps to ensure that they, and any person who accompanies them under section 93BC(3), does not remain on the land for longer than is reasonably necessary having regard to the purpose of the entry. (3) If there is a failure to take the steps referred to in subsection (1), that failure does not affect the lawfulness of the entry. Pt 5 Div. 3 Subdiv. 4 (Heading and ss 93BF–93BM) inserted by No. 38/2025 s. 65. Subdivision 4—Entry in accordance with court order S. 93BF inserted by No. 38/2025 s. 65. 93BF What is an entry order? (1) An entry order is an order that— (a) authorises entry onto land specified in the order by— (i) an authorised officer; and (ii) another person who is specified in the order or who belongs to a class specified in the order; and (b) authorises that entry for the purpose of— (i) the exercise of a power under section 93; or (ii) the facilitation of the exercise of such a power; and (c) authorises a person entering the land to bring with them any equipment or other things reasonably necessary for the purpose of the exercise of a power under section 93; and (d) authorises an authorised officer to use reasonable force to gain entry if it is reasonably necessary to do so, including by using reasonable force to remove any obstruction; and (e) authorises a police officer to accompany an authorised officer or other person in that entry; and (f) prohibits each person who owns or occupies the land, and every other person, from obstructing, hindering or delaying— (i) the entry of the authorised officer and any person referred to in paragraph (a)(ii); and (ii) any other entry to the land that occurs at the same time in accordance with section 93; and (iii) the exercise of a power under section 93 on the land; and (g) requires each person who owns or occupies the land to take all reasonable steps to enable— (i) the entry of the authorised officer and any person referred to in paragraph (a)(ii); and (ii) any other entry to the land that occurs at the same time in accordance with section 93; and (iii) the exercise of a power under section 93 on the land. (2) An authorisation referred to in subsection (1) is subject to any conditions specified in the order. S. 93BG inserted by No. 38/2025 s. 65. 93BG Authorised officer may apply for entry order (1) An authorised officer may apply to the Magistrates' Court for an entry order. (2) Without limiting subsection (1), the authorised officer may apply for an entry order in respect of particular land because— (a) entry to that land in accordance with section 93 or 93BC has previously been hindered, delayed or obstructed; or (b) the exercise of a power under section 93 in respect of that land has previously been hindered, delayed or obstructed; or (c) in connection with any previous entry or attempted entry under section 93BC, it has not been practicable to give a warning or direction under section 93BR. (3) An application under this section must be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the application relies. S. 93BH inserted by No. 38/2025 s. 65. 93BH Authorised officer must serve notice of application for entry order (1) As soon as practicable after an authorised officer applies for an entry order under section 93BG, the authorised officer must— (a) serve a notice of the application; or (b) cause a notice of the application to be served— in accordance with this section. (2) The notice must— (a) specify the land in respect of which the application is made; and (b) state that an application has been made for an entry order authorising entry to that land; and (c) if the authorised officer knows the identity of at least one entity that either owns or occupies the land, identify at least one such entity; and (d) state that a person who either owns or occupies the land may object to the application in accordance with section 93BI; and (e) specify an address at which the authorised officer can be served for the purposes of any such objection; and (f) state that service of the notice is required by this section; and (g) in the case of a notice affixed under subsection (5)(b), state that it is an offence to obscure, damage or destroy the notice until after the day on which the application is finally determined. (3) The notice must be served on at least one entity that either owns or occupies the land in respect of which the application is made— (a) by using a method permitted by section 93BU; and (b) if subsection (4) permits the use of the publication and affixing method set out in subsection (5), by using that method. (4) The notice may be served on an entity by using the publication and affixing method set out in subsection (5) if— (b) the authorised officer has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and (c) despite those efforts, the authorised officer still does not know the individual's location. (5) The publication and affixing method of serving the notice is— (i) to an entrance to the land in respect of which the application is made; or (6) A person must not, without reasonable excuse, obscure, damage or destroy a copy of an application affixed under subsection (5)(b) until after the day on which the application is finally determined. S. 93BI inserted by No. 38/2025 s. 65. 93BI Owner or occupier may object to application for entry order (1) A person may object to an application for an entry order if the person either owns or occupies the land in respect of which the application is made. (2) An objection must— (a) be accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and (b) be filed with the Magistrates' Court at least 7 days before the day on which the application is to be heard; and (c) be personally delivered, or sent by prepaid ordinary post, to the address specified under section 93BH(2)(e) at least 5 days before the day on which the application is to be heard. S. 93BJ inserted by No. 38/2025 s. 65. 93BJ Magistrates' Court may extend or abridge the time within which an objection may be made (1) The Magistrates' Court, by order, may extend or abridge the time within which an objection may be made under section 93BI. (2) The Magistrates' Court may extend time under subsection (1) before or after the time expires. (3) More than one extension of time may be granted under subsection (1). S. 93BK inserted by No. 38/2025 s. 65. 93BK How Magistrates' Court is to determine application for entry order (1) The Magistrates' Court may hear and determine an application for an entry order, or any matter arising on such an application— (a) as expeditiously as possible; and (b) with as much informality as is possible in accordance with the rules of evidence. (2) However, the Magistrates' Court must not hear the matter until 21 days have elapsed since the application was made. (3) In hearing and determining the application or any matter arising on the application, the Magistrates' Court must have regard to— (a) the need for the expeditious development of electricity transmission infrastructure in order for electricity to be provided by means of that infrastructure for the benefit of the Victorian community; and (b) the need for increased cost certainty and increased risk certainty in the development of electricity transmission infrastructure. ***electricity transmission infrastructure*** means infrastructure that is to be constructed, operated or maintained for the purposes of the transmission of electricity. S. 93BL inserted by No. 38/2025 s. 65. 93BL Magistrates' Court may make entry order (1) On an application under section 93BG, the Magistrates' Court may make an entry order if satisfied, by evidence on oath or affirmation, whether oral or by affidavit, that there are reasonable grounds for making the order. S. 93BL(1A) amended by No. 38/2025 s. 75A. (1A) In determining whether there are reasonable grounds for making the order, the Magistrates' Court must have regard to the extent to which an electricity corporation has complied with the relevant obligations described in subsection (1B) in relation to entering— (a) onto the land in respect of which the application is made; and (b) in the circumstances in relation to which entry is sought to be authorised under the entry order; and (c) for the purpose for which entry is sought to be authorised under the entry order. (1B) The relevant obligations for the purposes of subsection (1A) are obligations that— (a) are imposed by the provisions of a Code of Practice referred to in section 93(5)(d); and (b) require things to be done before (and not during or after) entry onto land. (2) The entry order must— (a) specify the land in respect of which the order is made; and (b) state that the order is made for the purpose of enabling entry to the specified land for the purposes of— (i) the exercise of a power under section 93; or (ii) the facilitation of the exercise of a power under section 93; and (c) state that an authorised officer is authorised to enter the specified land; and (d) specify the persons, or the class of persons, who are authorised by the order to accompany the authorised officer in entering the specified land; and (e) state that a police officer is authorised to accompany the authorised officer or other person in entering the specified land; and (f) specify when entry is authorised in accordance with subsection (3); and (g) specify the authorised officer who is to be required to serve a copy of the order under section 93BM; and (h) state that it is an offence to obscure, damage or destroy a copy of the order that is affixed under section 93BM until after the final day on which entry is authorised under the order. (3) In specifying when entry is authorised, the Magistrates' Court— (a) must not specify that entry is authorised on more than 28 days; and (b) must not specify that entry is authorised on a day earlier than 7 days after the day on which the order is made; and Entry is not permitted on a day that is not at least 2 days after the day on which the order is served under section 93BM—see section 93BM(1). (c) may specify when entry is authorised by either— (i) specifying one or more identified days; or (ii) specifying all days within an identified period; and (d) may specify whether, on a day on which entry is authorised— (i) entry is authorised at any time; or (ii) entry is authorised at times specified in the entry order. (4) The Magistrates' Court may specify in the entry order any other condition to which the order is subject. (5) If a person who objects under section 93BI to an application for an entry order does not appear at the hearing of the application, the Magistrates' Court may hear and determine the application if it considers it is in the interests of justice to do so. S. 93BM inserted by No. 38/2025 s. 65. 93BM Authorised officer must serve order (1) Despite anything to the contrary in an entry order, a person must not enter land under the order unless— (a) the authorised officer specified in the order under section 93BL(2)(g) has— (i) served a copy of the order; or (ii) caused a copy of the order to be served— in accordance with this section; and (b) at least 2 days have elapsed since the service of a copy of the order. (2) The copy of the order must be served on at least one entity that either owns or occupies the land specified in the order under section 93BL(2)(a)— (a) by using a method permitted by section 93BU; or (b) if subsection (3) permits the use of the publication and affixing method set out in subsection (4), by using that method. (3) The copy of the order may be served by using the publication and affixing method set out in subsection (4) if— (b) the authorised officer has made reasonable efforts to locate the individual (whether or not the person has made reasonable efforts to locate any other entity that owns or occupies the land); and (c) despite those efforts, the authorised officer still does not know the individual's location. (4) The publication and affixing method of serving the notice is— (i) to an entrance to the land specified in the order under section 93BL(2)(a); or (5) A person must not, without reasonable excuse, obscure, damage or destroy a copy of an entry order affixed under subsection (4) until after the final day on which entry is authorised by the order. Pt 5 Div. 3 Subdiv. 5 (Heading and ss 93BN–93BS) inserted by No. 38/2025 s. 65. Subdivision 5—Provisions applicable to entry under Subdivision 3 or 4 S. 93BN inserted by No. 38/2025 s. 65. 93BN References to relevant authority In this Subdivision, a reference to entry under a relevant authority is a reference to entry under— (a) section 93BC; or (b) an entry order. S. 93BO inserted by No. 38/2025 s. 65. 93BO Notice must be given on entry (1) This section applies if— (a) an authorised officer is to enter land under a relevant authority; and (b) a person who is, or who appears to be, an owner or occupier of that land is present at that time. (2) Immediately on entering the land, the authorised officer must— (a) announce— (i) that they are an authorised officer entering under either section 93BC or an entry order (as the case requires); and (ii) the purpose of the entry; and (b) take all reasonable steps to ensure that at least one person referred to in subsection (1)(b) is given a copy of— (i) if the entry is under section 93BC—the notice under section 93BD; or (ii) if the entry is under an entry order—the entry order. (3) However, the authorised officer is not required to take a step referred to in subsection (2)(b) that the officer reasonably believes would risk the safety of— (a) the authorised officer; or (b) any person accompanying the authorised officer. (4) If there is a failure to give the document referred to in subsection (2)(b) because of an authorised officer's reasonable belief referred to in subsection (3), that failure does not affect the lawfulness of the entry. (5) The document referred to in subsection (2)(b) may be given by the authorised officer or by any other person who is present. S. 93BP inserted by No. 38/2025 s. 65. 93BP Identification card must be carried and produced on request (1) An authorised officer must not enter land under a relevant authority without an identification card. (2) While on that land, the authorised officer must produce their identification card for inspection if asked to do so by any person on that land. (3) However, the authorised officer is not required to produce their identification card if— (a) the authorised officer reasonably believes that producing the identification card would risk the safety of— (i) the authorised officer; or (ii) any person accompanying the authorised officer under the relevant authority; or (b) the request to produce the identification card is unreasonable in the circumstances. (4) If an authorised officer does not produce their identification card when asked to do so, and the failure to do so is permitted by subsection (3), that failure does not affect the lawfulness of the entry. S. 93BQ inserted by No. 38/2025 s. 65. 93BQ Authorised officer may direct person to identify themselves (1) An authorised officer who enters land under a relevant authority, or who is to enter land under that authority, may direct any person who is on that land— (a) to state their name and address; and (b) to provide evidence of their ownership or right of occupation— if the officer believes the person is committing, or has committed, an offence against this Subdivision. (2) A person to whom a direction is given under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the direction. (3) A person to whom a direction is given under subsection (1) must not, in response to the direction— (a) state a name or address that is false in a material detail; or (b) state an address that is not the full address of the person's ordinary place of residence; or (c) provide false evidence of their ownership or right of occupation. (4) If a person states a name or address in response to a direction under subsection (1) and the authorised officer suspects on reasonable grounds that the name or address is false, the authorised officer may direct the person to produce evidence of the person's name or address. (5) A person to whom a direction is given under subsection (4) must not, without reasonable excuse, refuse or fail to comply with the direction. (6) A direction under subsection (1) or (4) may be given orally or in writing. S. 93BR inserted by No. 38/2025 s. 65. 93BR Authorised officer may give warning or direction (1) If an authorised officer reasonably believes that a person is hindering, obstructing or delaying— (a) the authorised officer's entry onto land under a relevant authority; or (b) another person's entry onto land under a relevant authority; or (c) the exercise of a power under section 93 following entry onto land under a relevant authority; or (d) the facilitation of the exercise of such a power— the authorised officer may give the person a warning. (2) The warning is to be a warning that— (a) if the person does not cease hindering, obstructing or delaying, the authorised officer may give the person a direction to cease doing so; and (b) failure to cease hindering, obstructing or delaying is an offence. (3) The warning may be given orally or in writing. (4) If the authorised officer considers that the person has not ceased hindering, obstructing or delaying in response to the warning, the authorised officer may direct the person to cease doing so. Section 93BS makes it an offence to hinder, obstruct or delay an activity referred to in subsection (1). In certain circumstances, the offence is not committed if a direction under subsection (4) has not been given; see section 93BS(2)(b), (5) and (6). (5) The direction may be given orally or in writing. S. 93BS inserted by No. 38/2025 s. 65. 93BS Authorised activities must not be hindered, obstructed or delayed (1) In this section— ***authorised activity*** means— (a) an authorised officer's entry onto land under a relevant authority; or (b) another person's entry onto land under a relevant authority; or (c) the exercise of a power under section 93 following entry onto land under a relevant authority; or (d) the facilitation of the exercise of such a power. (2) A person must not, without reasonable excuse, hinder, obstruct or delay an authorised activity if— (a) whichever notice requirement that applies under subsection (3) or (4) has been complied with; and (b) any direction requirement that applies under subsection (5) has been complied with. (3) If the authorised activity is authorised under section 93BC, the notice requirement is that notice has been served in accordance with section 93BD. (4) If the authorised activity is authorised under an entry order, the notice requirement is that the order has been served under section 93BM. (5) The direction requirement set out in subsection (6) applies if the person referred to in subsection (2) is present on the land referred to in subsection (1) at the time of the authorised activity. (6) The direction requirement is that the person has been directed under section 93BR(4) to cease the hindering, obstructing or delaying. Pt 5 Div. 3 Subdiv. 6 (Heading and ss 93BT–93BX) inserted by No. 38/2025 s. 65. Subdivision 6—Miscellaneous S. 93BT inserted by No. 38/2025 s. 65. 93BT Impersonation of authorised officers A person must not impersonate an authorised officer. S. 93BU inserted by No. 38/2025 s. 65. 93BU Service (1) The following methods of serving a document on an individual are permitted for the purposes of this Division— (a) delivering it personally to the person; (b) leaving it at the usual or last known place of business of the person with a person who is— (i) over 16 years of age; and (ii) apparently in charge of or employed at that place; (c) sending it by prepaid ordinary post, addressed to the person, at the usual or last known place of residence or business of the person; (d) if the person has given the authorised officer an alternative address for the purposes of receiving documents for the purposes of this Division—sending it by prepaid ordinary post to that address; (e) if the person has given the authorised officer an electronic address for the purposes of receiving notices—sending it by electronic communication to that address. (2) The following methods of serving a document on a body corporate are permitted for the purposes of this Division— (a) leaving a copy of the document at the registered office or principal place of business of the body corporate; (b) by sending a copy of the document by prepaid ordinary post to the registered office or principal place of business of the body corporate; (c) if the body corporate has given the authorised officer an electronic address for the purposes of receiving notices, sending it by electronic communication to that address. S. 93BV inserted by No. 38/2025 s. 65. 93BV Power to serve an infringement notice (1) An authorised officer may serve an infringement notice on any person that the officer has reason to believe has committed an offence against— (a) section 93BD(7) (obscuring, damaging or destroying a notice of proposed entry affixed under section 93BD); or (b) section 93BH(6) (obscuring, damaging or destroying a notice of application for entry order affixed under section 93BH); or (c) section 93BM(5) (obscuring, damaging or destroying copy of order affixed under section 93BM); or (d) section 93BQ(2) (failure to provide identification); or (e) section 93BQ(5) (failure to comply with direction to produce evidence of identification); or (f) section 93BS(2) (hindering, obstructing or delaying authorised activity). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**. S. 93BW inserted by No. 38/2025 s. 65. 93BW Infringement penalties The infringement penalties for the offences that are infringement offences under section 93BV(2) are as follows— (a) for an offence against section 93BD(7) (obscuring, damaging or destroying a notice of proposed entry affixed under section 93BD)—4 penalty units; (b) for an offence against section 93BH(6) (obscuring, damaging or destroying a notice of application for entry order affixed under section 93BH)—4 penalty units; (c) for an offence against section 93BM(5) (obscuring, for an offence against damaging or destroying copy of order affixed under section 93BM)—4 penalty units; (d) for an offence against section 93BQ(2) (failure to provide identification)—2 penalty units; (e) for an offence against section 93BQ(5) (failure to comply with direction to produce evidence of identification)—2 penalty units; (f) for an offence against section 93BS(2) (hindering, obstructing or delaying authorised activity)—4 penalty units. S. 93BX inserted by No. 38/2025 s. 65. 93BX No double jeopardy If an act or omission constitutes both an offence against this Act and a contempt of the Magistrates' Court in respect of an entry order, the offender is liable to be proceeded against for the offence or for contempt or both, but is not liable to be punished more than once for the same act or omission. Pt 5 Div. 4 (Heading) inserted by No. 38/2025 s. 61(5). Division 4—Miscellaneous S. 93C (Heading) amended by No. 22/2013 s. 55(1). S. 93C inserted by No. 9/2006 s. 157(2).