Electricity Industry (Residual Provisions) Act 1993

Division 1—Definitions and application 115

153TA Definitions and application 115

Division 2—Allocation of property 117

153TB LYP to prepare allocation statement 117

153TC Certificate of Administrator 118

Division 3—Transfer of property 119

153TD Property transferred 119

153TE Allocation of property etc. subject to encumbrances 119

153TF Substitution of party to agreement 119

153TG LYP instruments 120

153TH Proceedings 120

153TI Interests in land 120

153TJ Amendment of Register 121

153TK Evidence 121

153TL Validity of things done under this Part 122

Division 4—Staff 122

153TM List of LYP staff 122

153TN Transfer of LYP staff 123

153TO Future terms and conditions of transferred employees 124

Part 11AC—Transfer of certain property and staff of nominated transferor companies 125

Division 1—Definitions and applications 125

153TQ Definitions 125

153TR Nomination of transferor company 127

Division 2—Allocation of property 127

153TS TCO to prepare allocation statement 127

153TT Certificate of Administrator 128

Division 3—Transfer of property 129

153TU Property transferred 129

153TUA Value to TCO of transferred property 129

153TV Allocation of property etc. subject to encumbrances 130

153TW Substitution of party to agreement 130

153TX TCO instruments 130

153TY Proceedings 131

153TZ Interests in land 131

153TZA Amendment of Register 131

153TZB Evidence 132

153TZC Validity of things done under this Part 132

Division 4—Staff 133

153TZD List of TCO staff 133

153TZE Transfer of TCO staff 134

153TZF Future terms and conditions of transferred employees 135

Part 11B—Provisions relating to privatisation 136

153U Treasurer may be party to agreement for sale 136

153UA Loy Yang B transaction 136

153X Freedom of Information Act 1982 137

Part 12—Regulation of electricity industry 138

154 Definitions 138

155 Construction of Part 139

156 Application of Part 139

157 Objectives of the Commission 139

Part 14—Latrobe Valley land 147

Division 1AA—Definition 147

183AA Definition 147

Division 1—Surrender of land 147

183 Surrender of land to Crown 147

184 Preservation of leases 148

186 PTC land to be surrendered 150

187 Certain residual lands to be surrendered to the Crown 151

Division 2—Revocation of reservations and closure of roads 152

188 Revocation of reservations—Morwell West land 152

189 Revocation of reservations—Hernes Oak land 152

190 Revocation of reservation—La Trobe river 152

191 Revocation of reservation—Morwell river 153

192 Consequences of revoking a reservation 153

193 Rights to cease 153

194 Powers to lease in relation to certain Latrobe River land 154

Division 3—General 154

195 Issue of Crown grant 154

196 Registrar-General and Registrar of Titles to make necessary amendments to records 155

197 Exemption from stamp duty and other taxes 155

Part 15—Loy Yang land 156

Division 1AA—Definition 156

198AA Definition 156

Division 1—Surrender of land 156

198 Surrender of land to Crown 156

199 Preservation of leases 157

200 Certain interests not affected by surrender and grant of land 159

201 La Trobe Shire Council land to be surrendered 161

Division 2—Revocation of reservation and closure of roads 161

202 Revocation of reservation—mechanics institute 161

203 Rights in roads to cease 162

Division 3—General 162

204 Issue of Crown grant 162

205 Registrar-General and Registrar of Titles to make necessary amendments to records 163

206 Exemption from stamp duty and other taxes 163

Part 16—Hazelwood land 164

Division 1AA—Definition 164

207AA Definition 164

Division 1—Surrender of land 164

207 Surrender of land to Crown 164

208 Preservation of leases 165

209A Preservation of appurtenant National Electricity easements 167

210 Preservation of other easements 168

211 Gippsland Water land to be surrendered 168

212 La Trobe Shire Council land to be surrendered 169

213 Roads Corporation land to be surrendered 169

Division 2—Revocation of reservation and closure of roads 171

214 Revocation of river reservation 171

215 Rights in roads to cease 171

Division 3—General 172

216 Issue of Crown grant 172

217 Registrar-General and Registrar of Titles to make necessary amendments to records 173

218 Exemption from stamp duty and other taxes 173

Part 17—Other land 174

219 Revocation of river reservation—Goulburn River 174

220 Revocation of river reservation—Mitta Mitta River 174

221 Consequences of revoking reservations 174

222 Rights in roads to cease 175

223 Certain rights deemed to be easements appurtenant to all lands of National Electricity 175

224 Savings and transitional provisions 176

Schedules 177

Schedule 1—Provisions applying to the electricity corporations 177

Schedule 3—Excluded property: agreements, contracts, documents and other property referred to 184

Schedule 3A 193

Schedule 3B—Loy Yang land 211

Schedule 3C—Hazelwood land 223

Schedule 4—Savings and transitional provisions 236

Endnotes 240

1 General information 240

2 Table of Amendments 242

3 Explanatory details 248

Version No. 074

Electricity Industry (Residual Provisions) Act 1993

No. 130 of 1993

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

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

2 Commencement

(1) Parts 1, 6 and 8, Division 1 of Part 5, and sections 7, 8, 9, 10, 13, 14, 15, 16, 20, 21, 22, 23, 30, 76, 86, 110, 111, 119 and 121 come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

S. 3
amended by No. 53/1994 s. 4(1)(a).

3 Definitions

(1) In this Act—

Administrator means the Administrator for the restructuring of the electricity industry appointed under Part 4;

S. 3(1) def. of allocation day inserted by No. 14/1997 s. 4(1), amended by Nos 36/1999 s. 11(a), 11/2024 s. 27(a).

allocation day means the day specified in a statement under section 62A(1) as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 or specified by the Minister for the purposes of section 62AA as in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024;

appointed day means the day on which Division 2 of Part 5 comes into operation;

S. 3(1) def. of chief electrical inspector repealed by No. 8/1996 s. 4(2).

S. 3(1) def. of chief executive officer amended by No. 53/1994 s. 4(1)(b).

chief executive officer, in relation to an electricity corporation or VPX, means the principal executive officer (by whatever name called) of the corporation or VPX;

S. 3(1) def. of Commission inserted by No. 62/2001 s. 74(a).

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

S. 3(1) def. of company inserted by No. 53/1994 s. 4(2), substituted by 44/2001 s. 3(Sch. item 35.1(a)).

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

S. 3(1) def. of corporation inserted by No. 56/1995 s. 4(3), amended by No. 44/2001 s. 3(Sch. item 35.1(b)).

corporation has the same meaning as in the Corporations Act;

S. 3(1) def. of distribution company inserted by No. 53/1994 s. 4(2), amended by No. 110/1994 s. 4(2)(a), substituted by Nos 56/1995 s. 4(1)(a), 69/2000 s. 4(a), 11/2024 s. 27(b).

distribution company means a distribution company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;

S. 3(1) def. of electricity corporation amended by Nos 53/1994 s. 4(1)(c), 10/1998
s. 5(1)(b), substituted by No. 11/2024 s. 27(c).

electricity corporation, other than in Parts 3 and 5, means—

(a) a public distribution company; or

(b) a public generation company; or

(c) a public transmission company;

S. 3(1) def. of Electricity Services Victoria repealed by No. 53/1994 s. 4(1)(d).

S. 3(1) def. of enforcement officer inserted by No. 36/1999 s. 3, repealed by No. 69/2000 s. 4(b).

S. 3(1) def. of excluded property amended by Nos 105/1997 s. 26(1), 11/2024 s. 27(d).

excluded property, in relation to the former SEC, means—

(a) the rights and liabilities of the former SEC under—

(i) an agreement, contract or document referred to in Schedule 3;

(iii) an employment agreement; and

(b) the property of the former SEC referred to in Schedule 3;

S. 3(1) def. of financial accommo-dation amended by No. 11/2024 s. 27(e).

financial accommodation means a financial benefit or assistance to obtain a financial benefit arising from or as a result of—

(a) a loan;

(b) issuing, endorsing or otherwise dealing in promissory notes;

(c) drawing, accepting, endorsing or otherwise dealing in bills of exchange;

(d) issuing, purchasing or otherwise dealing in securities;

(e) granting or taking a lease of any real or personal property for financing but not for operating purposes;

(f) in relation to the former SEC, any other arrangement that the Governor in Council on the recommendation of the Treasurer has approved as financial accommodation in relation to the former SEC under the Borrowing and Investment Powers Act 1987;

financial arrangement means an arrangement entered into for the purpose of managing, lessening, hedging or protecting against movements in currency exchange, interest or discount rates or other costs of obtaining financial accommodation;

S. 3(1) def. of financial obligation amended by No. 11/2024 s. 27(f).

financial obligation, in relation to the former SEC, means the liability of the former SEC in respect of—

(a) financial accommodation obtained by the former SEC; or

(b) a financial arrangement entered into by the former SEC—

and includes the liability of the former SEC in respect of inscribed stock issued by the former SEC;

S. 3(1) def. of former SEC inserted by No. 11/2024 s. 27(g).

former SEC has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958;

S. 3(1) def. of former SEC company inserted by No. 11/2024 s. 27(g).

former SEC company means SECV Superannuation Pty Ltd, Energy Information Technology Company Pty Ltd, Utilities Insurance Company Pty Ltd or SECV International Pty Ltd;

S. 3(1) def. of generation company inserted by No. 110/1994 s. 4(1), substituted by Nos 56/1995 s. 4(1)(b), 69/2000 s. 4(c), 11/2024 s. 27(h).

generation company means a generation company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;

Generation Victoria means the body established under Division 1 of Part 2;

instrument includes a document and an oral agreement;

S. 3(1) def. of LaTrobe area substituted by No. 56/1995 s. 4(2)(a).

LaTrobe area means the municipal district of the Shire of LaTrobe;

S. 3(1) def. of liabilities amended by No. 11/2024 s. 27(i).

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective but, in relation to the former SEC, does not include financial obligations;

S. 3(1) def. of licence inserted by No. 55/1997
s. 4(1), substituted by No. 69/2000 s. 4(d).

licence has the same meaning as in the Electricity Industry Act 2000;

S. 3(1) def. of licensee inserted by No. 55/1997
s. 4(1), substituted by No. 69/2000 s. 4(d).

licensee has the same meaning as in the Electricity Industry Act 2000;

S. 3(1) def. of Loy Yang B land inserted by No. 14/1997 s. 4(1).

Loy Yang B land means the land shown hatched on the plan in Schedule 2 to the Loy Yang B Act 1992;

S. 3(1) def. of LYB Transaction Implement-ation Agreement inserted by No. 14/1997 s. 4(1), amended by No. 11/2024 s. 27(j).

LYB Transaction Implementation Agreement means the transaction implementation agreement dated 29 March 1997 entered into between the former SEC, Edison Mission Energy Australia Limited, Loy Yang B Power Station Pty Ltd, Loy Yang Power Ltd, the Treasurer, Leanne Power Pty Ltd and Edison Mission Energy;

S. 3(1) def. of National Electricity amended by No. 53/1994 s. 4(1)(e).

National Electricity means Power Net Victoria established under Division 2 of Part 2;

S. 3(1) def. of National Electricity Code inserted by No. 55/1997 s. 4(2), repealed by No. 8/2005 s. 15(1).

S. 3(1) def. of NEMMCO inserted by No. 55/1997 s. 4(2).

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

S. 3(1) def. of Office inserted by No. 56/1995 s. 4(3), substituted by No. 8/1996 s. 4(3), amended by No. 48/1996
s. 19, substituted by No. 25/1998
s. 165(1), repealed by No. 62/2001 s. 74(b).

S. 3(1) def. of PoolCo inserted by No. 53/1994 s. 4(2), repealed by No. 36/1999 s. 16(a).

S. 3(1) def. of Power Net Victoria inserted by No. 8/1996 s. 4(1)(a), repealed by No. 10/1998
s. 5(1)(a).

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

S. 3(1) def. of public distribution company inserted by No. 56/1995 s. 4(3), amended by Nos 8/1996 s. 4(1)(b), 11/2024 s. 27(k).

public distribution company means a distribution company all the shares in which are held by, or on behalf of, the State or a statutory authority;

See the definition of distribution company which excludes distribution companies that were not licensed to perform electricity distribution activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.

S. 3(1) def. of public generation company inserted by No. 56/1995 s. 4(3), amended by Nos 8/1996 s. 4(1)(c), 11/2024 s. 27(l).

public generation company means a generation company all the shares in which are held by, or on behalf of, the State or a statutory authority;

See the definition of generation company which excludes generation companies that were not licensed to perform electricity generation activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.

S. 3(1) def. of public transmission company inserted by No. 35/1997 s. 18(a), amended by No. 11/2024 s. 27(m).

public transmission company means a transmission company which is—

(a) a statutory authority; or

(b) a company all the shares in which are held by, or on behalf of, the State or a statutory authority;

See the definition of transmission company which excludes transmission companies that were not licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024.

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

S. 3(1) def. of SEC repealed by No. 11/2024 s. 27(s).

S. 3(1) def. of SEC company amended by No. 110/1994 s. 4(2)(b), repealed by No. 11/2024 s. 27(s).

S. 3(1) def. of SEC instrument repealed by No. 11/2024 s. 27(s).

security includes inscribed stock and debenture, bond, debenture stock, notes or any other document creating, evidencing or acknowledging indebtedness in respect of financial accommodation, whether or not constituting a charge on property;

TCV means the Treasury Corporation of Victoria;

S. 3(1) def. of transferred property amended by Nos 14/1997 s. 4(2)(a), 36/1999 s. 11(b), 11/2024 s. 27(n).

transferred property means property, rights or liabilities of the former SEC that, under Part 5, have vested in, or become liabilities of, an electricity corporation, former SEC company, a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 or the State;

S. 3(1) def. of transferee amended by Nos 14/1997 s. 4(2)(b), 36/1999 s. 11(c), 11/2024 s. 27(o).

transferee, in relation to transferred property, means the electricity corporation or former SEC company or a person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 to which the property has been transferred or, if the property has been transferred to the State, the State;

S. 3(1) def. of transmission company inserted by No. 35/1997 s. 18(b), amended by No. 10/1998
s. 5(1)(c), substituted by Nos 69/2000 s. 4(e), 11/2024 s. 27(p).

transmission company means a transmission company within the meaning of the Electricity Industry Act 2000 that was licensed to perform electricity transmission activities before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;

S. 3(1) def. of undertaking amended by Nos 53/1994 s. 4(1)(f), 110/1994 ss 4(2)(c), 33(1)(a), 35/1997 s. 18(d).

undertaking in relation to an electricity corporation, VPX, a distribution company, transmission company or a generation company, means—

(a) an electrical undertaking approved by the Governor in Council (whether before or after the commencement of this section)—

(i) for the erection, construction and provision of works, appliances and conveniences for the generation of electricity (whether by the use of coal, water-power or otherwise, but not by the use of a nuclear power reactor); or

(ii) for the reception, storage, distribution, transmission, use, supply and sale of such electricity; and

(b) all buildings, works, mines, open-cuts, quarries, water, land, machinery, plant, towers, electric lines, cables and appliances used for or in connection with the electrical undertaking;

S. 3(1) def. of undertaker amended by Nos 53/1994 s. 4(1)(g), 110/1994 ss 4(2)(d), 33(1)(a), 35/1997 s. 18(c), 11/2024 s. 27(r).

undertaker means—

(a) the former SEC or an electricity corporation or VPX, a distribution company, transmission company or a generation company;

(b) a municipal council, corporation or person who, by an Order in Council under the Electric Light and Power Act 1958 or a corresponding previous enactment is authorised to supply electricity within any area;

(c) with respect to electric tramways, a person or body of persons, corporate or unincorporate, having the control and management of the tramways;

S. 3(1) def. of VENCorp inserted by No. 36/1999 s. 16(b), amended by No. 11/2002 s. 3(Sch. 1 item 20).

VENCorp means Victorian Energy Networks Corporation established under Part 8 of the Gas Industry Act 2001;

S. 3(1) def. of Victorian Power Exchange inserted by No. 110/1994 s. 33(1)(b), repealed by No. 36/1999 s. 16(c).

S. 3(1) def. of VPX inserted by No. 110/1994 s. 33(1)(b), repealed by No. 36/1999 s. 16(c).

S. 3(1) def. of Victorian Power Exchange or VPX inserted by No. 36/1999 s. 16(c).

Victorian Power Exchange or VPX means VENCorp;

S. 3(1) def. of wholesale electricity market inserted by No. 55/1997 s. 4(2).

wholesale electricity market means the market for wholesale trading in electricity operated by NEMMCO;

S. 3(1) def. of Yallourn works area repealed by No. 56/1995
s. 4(2)(b).

S. 3(2) inserted by No. 53/1994 s. 4(3).

(2) In any Act other than this Act and in all subordinate instruments (within the meaning of the Interpretation of Legislation Act 1984) made under any such Act and in all other instruments, unless the contrary intention appears—

(a) a reference to PoolCo must be construed as a reference to Victorian Power Exchange; and

S. 3(2)(b) repealed by No. 10/1998
s. 5(1)(d).

S. 3(3) inserted by No. 8/1996 s. 4(4), repealed by No. 25/1998
s. 165(2).

S. 4
amended by Nos 53/1994 s. 4(4)(a)(b), 110/1994 s. 33(2), 79/1995 s. 4(1)(a)(b).

4 Subsidiary

S. 4(1) amended by Nos 8/1996 s. 4(5), 36/1999 s. 19(a), 44/2001 s. 3(Sch. item 35.2(a)
(b)), 11/2024 s. 28(1).

(1) For the purposes of this Act, the question whether a body corporate is a subsidiary of an electricity corporation or any other body shall be determined in the same manner as the question would be determined under the Corporations Act if the corporation or any other body and the body corporate were corporations within the meaning of that Act.

S. 4(2) inserted by No. 79/1995 s. 4(2), repealed by No. 11/2024 s. 28(2).

S. 4A
inserted by No. 56/1995 s. 5, amended by No. 35/1997 s. 19(a)(i)(ii).

4A Application of Act to certain distribution, transmission and generation companies

S. 4A(1) amended by No. 69/2000 s. 5.

(1) The Governor in Council, by Order published in the Government Gazette, may declare that a reference in specified provisions of this Act, except Part 12, to a distribution company, transmission company or generation company does not include a reference to a person in respect of whom an Order under paragraph (b) of the definition of distribution company or paragraph (b) of the definition of transmission company or paragraph (b) of the definition of generation company, as the case requires, is in force.

(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.

5 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.

6 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.

Part 2—The electricity corporations

Pt 2 Div. 1 (Heading) substituted by No. 110/1994 s. 5(1)(a) (as amended by No. 56/1995 s. 67(1)), repealed by No. 38/2000 s. 14.

S. 7
repealed by No. 110/1994 s. 5(1)(b) (as amended by No. 56/1995 s. 67(1)).[1]

S. 8
amended by No. 53/1994 s. 4(5), repealed by No. 110/1994 s. 5(1)(b) (as amended by No. 56/1995 s. 67(1)).

S. 9
amended by Nos 53/1994 s. 5, 55/1997 s. 6,

S. 10

S. 11 amended by No. 14/1997 s. 5(1)(a), repealed by No. 110/1994 s. 5(1)(b) (as amended by No. 56/1995 s. 67(1)).

S. 12

S. 12A inserted by No. 110/1994 s. 6, amended by Nos 56/1995 s. 6, 14/1997 s. 5(1)(b)(c)(2), repealed by No. 10/1998
s. 4.

S. 12B inserted by No. 110/1994 s. 6, amended by No. 56/1995 s. 7, repealed by No. 10/1998
s. 4.

Pt 2 Div. 2 (Heading) amended by No. 53/1994 s. 6(1), substituted by No. 10/1998
s. 5(1)(e).

Division 2—Directions as to electricity supply system

S. 13 amended by Nos 53/1994 s. 6(2), 48/1996 s. 4(1), repealed by No. 10/1998
s. 5(1)(f).[2]

S. 14 amended by Nos 53/1994 s. 6(3), 48/1996 s. 4(1), repealed by No. 10/1998

S. 15 amended by Nos 53/1994 ss 6(5)(6), 23(1)(a), 110/1994 s. 33(2), 48/1996 s. 4, repealed by No. 10/1998

S. 16 amended by No. 48/1996 s. 4(1), repealed by No. 10/1998

S. 17 amended by Nos 53/1994 s. 7(1)–(3), 110/1994 s. 33(2), 8/1996 s. 5, 35/1997 s. 4(1)(a)(b)(2), repealed by No. 8/1996 s. 6.

S. 18
repealed by No. 53/1994 s. 7(4).

19 Regulations may provide for compensation for certain loss

(1) The regulations may provide for the payment of compensation to a person who suffers detriment as a result of complying with a direction under section 17, or as a result of another person complying, or failing to comply, with such a direction.

(2) Regulations for the purposes of subsection (1) may provide—

(a) the circumstances in which compensation may be payable;

(b) the method of calculating compensation;

(c) the person or persons liable to pay the compensation.

Pt 2 Div. 3 (Heading and ss 20–25) amended by No. 53/1994 s. 7(5), repealed by No. 53/1994 s. 8(1).[3]

Division 4—General provisions applying to electricity corporations

S. 26 substituted by No. 110/1994 s. 7.

26 Directions

(1) The Treasurer and the Minister, acting jointly, may, from time to time, by written notice to the board of an electricity corporation, give such directions to the board as the Treasurer or Minister think fit.

(2) The board of an electricity corporation must comply with a direction given under this section but an act or decision of the board is not invalid merely because of a failure to comply with such a direction.

(3) Each electricity corporation must include in its annual report under Part 7 of the Financial Management Act 1994 a copy of each direction given to it under this section together with a statement of its response to the direction.

S. 26(4) substituted by No. 56/1995 s. 8(1), amended by Nos 35/1997 s. 19(b), 36/1999 s. 19(b), repealed by No. 11/2024 s. 29.

S. 27 amended by Nos 53/1994 s. 10(1)(2), 110/1994 ss 8(a), 33(2), 35/1997 s. 19(c), repealed by No. 69/2000 s. 6.

Division 5—Financial

28 Borrowing and investment by electricity corporation

S. 28(1) amended by Nos 53/1994 s. 11(1)(a), 110/1994 s. 33(2), 36/1999 s. 19(c).

(1) An electricity corporation may obtain financial accommodation subject to and in accordance with the Borrowing and Investment Powers Act 1987.

S. 28(2) amended by Nos 53/1994 s. 11(1)(a)(b), 110/1994 s. 33(2), 36/1999 s. 19(c).

(2) An electricity corporation may invest money of the corporation in accordance with the powers conferred on it by the Borrowing and Investment Powers Act 1987.

29 Payments in respect of financial obligations

(1) If—

S. 29(1)(a) amended by No. 11/2024 s. 30(1)(a).

(a) an Order has been made under section 36D(1) or 36E(1) of the Treasury Corporation of Victoria Act 1992 relating to financial obligations of the former SEC; and

S. 29(1)(b) amended by No. 11/2024 s. 30(1)(b).

(b) responsibility for those financial obligations has been allocated under an allocation statement under Division 3 of Part 5 as in force immediately before the commencement of section 52 of the State Electricity Commission Amendment Act 2024 to an electricity corporation—

then—

S. 29(1)(c) amended by No. 11/2024 s. 30(1)(c).

(c) the electricity corporation must pay to TCV such amounts, and at such times, as the former SEC would have been liable to pay in respect of those financial obligations if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree; and

S. 29(1)(d) amended by No. 11/2024 s. 30(1)(d).

(d) TCV must pay to the electricity corporation such amounts, and at such times, as the former SEC would have been entitled to receive in respect of the financial accommodation or financial arrangements to which the financial obligations relate if the Order had not been made, except in so far as TCV and the electricity corporation otherwise agree.

(2) An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to TCV or the electricity corporation, as the case requires.

S. 29(3) inserted by No. 53/1994 s. 11(2), amended by No. 110/1994 ss 8(b), 33(2), substituted by No. 56/1995 s. 8(2), amended by Nos 35/1997 s. 19(d), 36/1999 s. 19(d), repealed by No. 11/2024 s. 30(2).

Division 6—General

30 Duties of directors

S. 30(1) amended by Nos 53/1994 s. 11(3)(a), 110/1994 s. 33(2), 36/1999 s. 19(e).

(1) A director of an electricity corporation must at all times act honestly in the performance of the functions of his or her office.

S. 30(2) amended by Nos 53/1994 s. 11(3)(b), 110/1994 s. 33(2), 36/1999 s. 19(e).

(2) A director of an electricity corporation must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.

S. 30(3) amended by Nos 53/1994 s. 11(3)(a)(c), 110/1994 s. 33(2), 36/1999 s. 19(e).

(3) A director, or former director of an electricity corporation, must not make improper use of information acquired by virtue of his or her position as a director to gain directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation.

S. 30(4) amended by Nos 53/1994 s. 11(3)(a)(d), 110/1994 s. 33(2), 36/1999 s. 19(e).

(4) A director of an electricity corporation must not make improper use of his or her position as a director to gain, directly or indirectly, an advantage for himself or herself or for any other person or to cause detriment to the electricity corporation.

(5) This section has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of a member of the governing body of a corporation and does not prevent the institution of any criminal or civil proceedings in respect of such a liability.

S. 31 amended by Nos 53/1994 s. 11(4)(a), 110/1994 s. 33(2), 36/1999 s. 19(e).

31 Minister may bring proceedings

If a person contravenes section 30 in relation to an electricity corporation, the Minister, in the name of the corporation, may recover from the person as a debt due to the corporation by action in a court of competent jurisdiction either or both of the following—

(a) if that person, or any other person, made a profit as a result of the contravention, an amount equal to that profit;

S. 31(b) amended by Nos 53/1994 s. 11(4)(a), 110/1994 s. 33(2), 36/1999 s. 19(e).

(b) if the corporation has suffered loss or damage as a result of the contravention, an amount equal to that loss or damage.

32 Electricity corporation not to make loans to directors

S. 32(1) amended by Nos 53/1994 s. 11(4)(b), 110/1994 s. 33(2), 36/1999 s. 19(e).

(1) The powers of an electricity corporation do not include a power, whether directly or indirectly—

S. 32(1)(a) amended by Nos 53/1994 s. 11(4)(b), 110/1994 s. 33(2), 36/1999 s. 19(e), 44/2001 s. 3(Sch. item 35.3).

(a) to make a loan to a director of the corporation, a spouse of such a director, or a relative (as defined in the Corporations Act) of such a director or spouse; or

(b) to give a guarantee or provide security in connection with a loan made or to be made by another person to a director, spouse or relative referred to in paragraph (a).

S. 32(2) amended by Nos 53/1994 s. 11(4)(b), 110/1994 s. 33(2), 36/1999 s. 19(e).

(2) Nothing in subsection (1) prohibits an electricity corporation entering into an agreement or arrangement with a person referred to in subsection (1) if similar agreements or arrangements are entered into by the corporation with members of the public on the same terms and conditions.

S. 33 amended by Nos 53/1994 s. 11(4)(c), 110/1994 s. 33(2), 56/1995 s. 8(3)(a)(b), 36/1999 s. 19(e).

33 Indemnity

The powers of an electricity corporation do not include a power to exempt, whether directly or indirectly, a director of the corporation from, or to indemnify (whether by paying a premium in respect of a contract of insurance or otherwise) a director of the corporation against, any liability that by law would otherwise attach to the director in respect of a wilful breach of duty or breach of trust of which the director may be guilty in relation to the corporation.

S. 34 amended by Nos 53/1994 s. 11(4)(d)(i)–(iii), 110/1994 s. 33(2), repealed by No. 8/1996 s. 7.

35 Corporate plan

(1) The board of an electricity corporation must prepare a corporate plan each year.

S. 35(2) amended by No. 53/1994 s. 11(5).

(2) The board must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year or such later date as is determined by the Treasurer.

(3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include—

(a) a statement of corporate intent in accordance with section 36;

S. 35(3)(b) substituted by No. 56/1995 s. 8(4).

(b) a business plan containing such information as the Treasurer or the Minister requires;

S. 35(3)(c) substituted by No. 56/1995 s. 8(4).

(c) financial statements containing such information as the Treasurer requires.

S. 35(3A) inserted by No. 110/1994 s. 9.

(3A) In addition to the matters referred to in subsection (3), the proposed corporate plan of a distribution company must include a statement of the company's bushfire mitigation programs.

(4) The board must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and Minister.

(5) The board must consult in good faith with the Treasurer and the Minister following communication to it of the comments, must make such changes to the plan as are agreed between the Treasurer, the Minister and the board and must deliver the completed plan to the Treasurer and Minister within 2 months after the commencement of the financial year.

(6) The plan, or any part of the plan, must not be published or made available except for the purposes of this Part without the prior approval of the board, the Treasurer and the Minister.

(7) The plan may be modified at any time by the board with the agreement of the Treasurer and the Minister.

(8) If the board, by written notice to the Treasurer and Minister, proposes a modification of the plan, the board may, within 14 days, make the modification unless the Treasurer or Minister, by written notice to the board, directs the board not to make it.

(9) The Treasurer or Minister may, from time to time, by written notice to the board, direct the board to include in, or omit from, a statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters.

(10) Before giving the direction under this section, the Treasurer and Minister must consult with the board as to the matters to be referred to in the notice.

(11) The board must comply with a direction under this section.

(12) At any particular time, the statement of corporate intent, the business plan or the financial statements for an electricity corporation are the statements and plan last completed, with any modifications or deletions made in accordance with this Part.

S. 35(13) inserted by No. 53/1994 s. 11(6), amended by No. 110/1994 ss 10(a), 33(2), substituted by No. 56/1995 s. 8(5), amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 31.

S. 36 amended by No. 53/1994 s. 11(7).

36 Statement of corporate intent: contents

(1) Each statement of corporate intent must specify for an electricity corporation and its subsidiaries, in respect of the financial year to which it relates and each of the 2 following financial years, the following information—

(a) the objectives of the corporation and of its subsidiaries;

(b) the main undertakings of the corporation and of its subsidiaries;

(c) the nature and scope of the activities to be undertaken by the corporation;

(d) the accounting policies to be applied in the accounts;

(e) the performance targets and other measures by which the performance of the corporation and of its subsidiaries may be judged in relation to their stated objectives;

(f) the kind of information to be provided to the Treasurer and the Minister by the corporation during the course of those financial years, including the information to be included in each half-yearly report;

(g) such other matters as may be agreed on by the Treasurer, the Minister and the board from time to time.

S. 36(2) inserted by No. 53/1994 s. 11(8), amended by No. 110/1994 ss 10(a), 33(2), substituted by No. 56/1995 s. 8(6), amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 32.

S. 36A inserted by No. 8/1996 s. 8.

36A Electricity corporations to act in accordance with corporate plan

(1) Each electricity corporation must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Treasurer and the Minister to do otherwise.

(2) Nothing done by an electricity corporation is void or unenforceable merely because the electricity corporation has failed to comply with section 35, 36 or this section.

S. 36A(3) amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 33.

37 Non-commercial functions

(1) The Minister, with the approval of the Treasurer, may in writing direct the board of an electricity corporation—

(a) to perform certain functions that the Minister considers to be in the public interest but that may cause the corporation to suffer financial detriment; or

(b) to cease to perform functions of a kind referred to in paragraph (a); or

(c) to cease to perform certain functions that the Minister or Treasurer considers not to be in the public interest.

(2) The board must comply with a direction given under subsection (1).

S. 37(3) amended by No. 18/1994 s. 66(Sch. 2 item 6).

(3) If an electricity corporation satisfies the Minister that it has suffered financial detriment as a result of complying with a direction given by the Minister under subsection (1), the corporation, if the Minister so directs, may be reimbursed by the State the amount that the Minister determines, with the approval of the Minister administering Part 2 of the Financial Management Act 1994 and after consultation with the board of the corporation, to be the amount of the financial detriment.

(4) The reference in this section to suffering financial detriment includes a reference to incurring net costs that are greater than would have been incurred if the direction were not complied with.

S. 37(5) inserted by No. 53/1994 s. 11(9).

(5) Each electricity corporation must include in its annual report under Part 7 of the Financial Management Act 1994 a copy of each direction given to it by the Minister under this section.

S. 37(6) inserted by No. 53/1994 s. 11(9), amended by No. 110/1994 ss 10(a), 33(2), substituted by No. 56/1995 s. 8(7), amended by Nos 35/1997 s. 19(e), 36/1999 s. 19(f), repealed by No. 11/2024 s. 34.

S. 38 amended by Nos 53/1994 s. 11(10)(a)–(c), 110/1994 s. 33(2), 36/1999 s. 19(g)(i)(ii).

38 Dividends

S. 38(1) repealed by No. 11/2024 s. 35(1).

S. 38(2) inserted by No. 53/1994 s. 11(11), amended by Nos 110/1994 s. 10(b), 56/1995 s. 8(8)(a)(b), 35/1997 s. 19(f).

(2) Each public distribution company, public transmission company and public generation company must pay out of profits such amounts, at such times and in such manner, as are determined by the Treasurer after consultation with the board of the company and the Minister.

S. 38(3) inserted by No. 56/1995 s. 8(9), amended by No. 35/1997 s. 19(f).

(3) A public distribution company, public transmission company or public generation company must pay the amount referred to in subsection (2)—

(a) to the State; or

S. 38(3)(b) amended by No. 11/2024 s. 35(2).

(b) if a statutory authority holds shares in the company, to the authority—

in accordance with the direction of the Treasurer.

Ss 39–41 repealed by No. 31/1994 s. 4(Sch. 2 item 26).

Pt 2A (Heading and ss 41A–41M) inserted by No. 53/1994 s. 12, amended by Nos 110/1994 ss 10(c), 33(2), 42/1995 s. 224(Sch. 2 items 13.1, 13.2) (as amended by No. 79/1995 s. 37), 56/1995 s. 8(10), 35/1997 ss 5, 6, 10/1998 s. 5(1)(g), 46/1998 s. 7(Sch. 1), substituted as Pt 2A (Heading and s. 41A) by No. 36/1999 s. 18, repealed by No. 69/2000 s. 7.

Part 3—Property and works

S. 42AA inserted by No. 53/1994 s. 13, amended by Nos 110/1994 ss 10(a), 33(2), 35/1997 s. 19(g), 69/2000 s. 8, substituted by No. 11/2024 s. 36.

42AA Definition

electricity corporation means—

(a) VPX; or

(b) a distribution company; or

(c) a transmission company; or

(d) a generation company.

S. 42 amended by Nos 56/1995 s. 9(1)(2), 35/1997 s. 20(1)(2), repealed by No. 69/2000 s. 9.

S. 42A inserted by No. 56/1995 s. 10, amended by No. 35/1997 s. 20(3), repealed by No. 69/2000 s. 9.

S. 42B inserted by No. 56/1995 s. 10, amended by No. 8/1996 s. 9(1)(2), repealed by No. 69/2000 s. 9.

S. 43 amended by Nos 53/1994 s. 14(1), 69/2000 s. 10, 11/2024 s. 37, repealed by No. 38/2025 s. 76.

S. 44
repealed by No. 69/2000 s. 9.

S. 44A inserted by No. 48/1996 s. 5, amended by Nos 35/1997 s. 21(1), 55/1997 s. 5(a)(b), repealed by No. 69/2000 s. 9.

S. 45
amended by No. 46/1998
s. 7(Sch. 1), repealed by No. 69/2000 s. 9.

S. 45A inserted by No. 110/1994 s. 11, amended by No. 35/1997 s. 21(2), repealed by No. 69/2000 s. 9.

S. 45B inserted by No. 56/1995 s. 11, repealed by No. 69/2000 s. 9.

S. 46 substituted by No. 56/1995 s. 12, amended by Nos 79/1995 s. 5, 8/1996 s. 9(3)(4), 14/1997 s. 6(1)(2), 35/1997 s. 21(3)(a)(b), repealed by No. 69/2000 s. 9.

S. 47 amended by Nos 53/1994 s. 14(2), 56/1995 s. 13, 79/1995 s. 6(1)(2), 35/1997 s. 22(a), repealed by No. 69/2000 s. 9.

S. 47A (Heading) inserted by No. 11/2024 s. 38(1).

S. 47A inserted by No. 56/1995 s. 14.

47A Application of Mineral Resources Development Act 1990 to generation companies

(1) This section applies despite anything to the contrary in the Mineral Resources Development Act 1990 or in any exemption granted under section 7 of that Act and any such exemption is of no effect to the extent that it relates to any land covered by a current mining licence granted in accordance with this section.

(2) Words and expressions used in this section that are also used in the Mineral Resources Development Act 1990 have the same meanings as in that Act.

S. 47A(3) amended by Nos 14/1997 s. 5(3), 11/2024 s. 38(2).

(3) The Governor in Council may, by Order published in the Government Gazette on the recommendation of the Minister administering the Mineral Resources Development Act 1990, grant a mining licence over land within the Latrobe area to a generation company.

(4) A licence granted in accordance with this section—

(a) is current for the time specified in the licence; and

(b) applies to the land described in the licence; and

(c) is subject to such conditions as are determined by the Governor in Council on the recommendation of the Minister administering the Mineral Resources Development Act 1990 (including, but not limited to, conditions about payment of royalties and any other matter referred to in section 26(2) of that Act and the condition referred to in section 26(4) of that Act) and specified in the licence; and

(d) is deemed for all purposes to be registered during the period from the commencement of the Order granting the licence until the licence is registered under subsection (19).

(5) The Mineral Resources Development Act 1990 and any other Act applies to a licence granted in accordance with this section as if it had been granted by the Minister administering that Act under Part 2 of that Act.

(6) Without limiting subsection (5), a licence granted in accordance with this section may be renewed, transferred, varied surrendered or cancelled, or a condition of such a licence may be varied, suspended, revoked or added, under Part 2 of the Mineral Resources Development Act 1990.

(7) An Order in Council under this section must—

(a) include an authority to commence work and a work plan (including a rehabilitation plan for the land);

(b) specify the amount of the rehabilitation bond required to be entered into by the licensee, the form of that bond and the time at which or the event on the happening of which it must be entered into.

(8) The Mineral Resources Development Act 1990 and any other Act applies to an authority to commence work and a work plan included in an Order in Council under this section as if the authority to commence work had been granted by the chief administrator under section 42 of that Act and the work plan had been approved by the chief administrator under section 40(4) of that Act.

(9) An authority to commence work and a work plan included in an Order in Council under this section are deemed for all purposes to be registered during the period from the commencement of the Order until the authority or plan (as the case requires) are registered under subsection (19).

(10) Without limiting subsection (8), a plan having effect as an approved work plan by virtue of this section may be varied under section 41 of the Mineral Resources Development Act 1990.

(11) Despite subsections (7) to (10), an authority to commence work included in an Order in Council under this section does not authorise the doing of work on private land unless—

(a) the licensee has obtained the consent of the owners and occupiers of the land affected; or

(b) the licensee has made compensation agreements with those owners and occupiers; or

(c) the amount of compensation payable to those owners and occupiers has been determined under Part 8 of the Mineral Resources Development Act 1990; or

(d) the licensee has purchased the land affected.

(12) The Mineral Resources Development Act 1990 and any other Act applies to a rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section as if it had been entered into by the licensee in accordance with section 80 of that Act.

(13) A rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section is deemed for all purposes to be registered during the period from the date on which it was entered into until it is registered under subsection (19).

(14) Without limiting subsection (12), the Minister administering the Mineral Resources Development Act 1990 may serve a notice on the licensee under section 80(4) or (5) of that Act.

S. 47A(15) repealed by No. 14/1997 s. 5(1)(d).

S. 47A(16) amended by No. 79/1995 s. 7, repealed by No. 14/1997 s. 5(1)(d).

S. 47A(17)(18) repealed by No. 14/1997 s. 5(1)(d).

(19) Without limiting subsection (4)(d), (9) or (13), the registrar must, in accordance with section 69 of the Mineral Resources Development Act 1990, register—

(a) any licence granted in accordance with this section;

(b) any authority to commence work or work plan included in an Order in Council under this section;

(c) any rehabilitation bond entered into by a licensee in accordance with an Order in Council under this section.

Pt 3A (Heading and ss 47B–47G) inserted by No. 25/1998
s. 164, amended by No. 36/1999 ss 4–8, repealed by No. 69/2000 s. 11.

Pt 3AA (Heading and ss 47N–47W) inserted by No. 36/1999 s. 9, repealed by No. 69/2000 s. 11.

Pt 4 (Heading) amended by No. 25/1998
s. 165(3).

Part 4—The Administrator

Division 1—The Administrator

48 Appointment of Administrator

(1) There shall be an Administrator for the restructuring of the electricity supply industry.

(2) The Administrator shall be appointed by the Treasurer after consultation with the Minister.

(3) The term of office of the Administrator is the term (not exceeding 2 years) specified in the instrument of appointment, and the Administrator is eligible for re-appointment.

(4) Subject to this section, the terms and conditions of appointment of the Administrator shall be set by the Treasurer after consultation with the Minister.

S. 48(5) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 63.1).

(5) The Administrator is not subject to the Public Administration Act 2004 by reason only of the appointment as Administrator.

49 Vacancy etc. in office of Administrator

(1) The office of the Administrator becomes vacant if the Administrator—

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

(b) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence.

(2) The Administrator may resign by writing delivered to the Minister.

(3) The Treasurer after consultation with the Minister may remove the Administrator from office.

S. 49A inserted by No. 79/1995 s. 8.

49A Deputy Administrator

(1) There shall be a Deputy Administrator appointed by the Treasurer after consultation with the Minister.

(2) The term of office of the Deputy Administrator is the term, not exceeding 2 years, specified in the instrument of appointment and the Deputy Administrator is eligible for re-appointment.

(3) Subject to this section, the terms and conditions of appointment of the Deputy Administrator shall be set by the Treasurer after consultation with the Minister.

S. 49A(4) amended by Nos 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 63.1).

(4) The Deputy Administrator is not subject to the Public Administration Act 2004 by reason only of appointment as Deputy Administrator.

S. 49B inserted by No. 79/1995 s. 8.

49B Resignation and removal

(1) The Deputy Administrator may resign by writing delivered to the Minister.

(2) The Treasurer, after consultation with the Minister, may remove the Deputy Administrator from office.

S. 49C inserted by No. 79/1995 s. 8.

49C Functions and powers

(1) The Deputy Administrator shall act as Administrator—

(a) during a vacancy in the office of Administrator; and

(b) during any period when the Administrator is absent or, for any other reason, unable to perform the functions of Administrator—

but must not continue so to act for more than 6 months.

(2) The Deputy Administrator—

(a) when acting as Administrator, has and may exercise all the powers of the Administrator under this or any other Act;

(b) at any other time, has such powers of the Administrator under this or any other Act as are specified in the instrument of appointment or as are delegated to the Deputy Administrator by the Administrator under section 52.

50 Staff of Administrator

The Administrator may engage such officers and employees as are necessary for the performance of the Administrator's functions, on such terms and conditions of appointment or employment as are determined by the Administrator.

S. 51 amended by No. 11/2024 s. 39.

51 Functions and powers

The Administrator has the functions and powers conferred on the Administrator under this Act or any other Act (other than the Former SEC (Residual Provisions) Act 1958).

S. 52 amended by No. 11/2024 s. 40.

52 Delegation

The Administrator may, in writing, delegate to a person approved by the Minister any function or power of the Administrator under this Act or any other Act (other than the Former SEC (Residual Provisions) Act 1958), other than this power of delegation.

S. 53 amended by Nos 53/1994 s. 15(1), 110/1994 s. 12(a), substituted by No. 8/1996 s. 10.

53 Directions

(1) The Treasurer and the Minister, acting jointly, may from time to time, by written notice to the Administrator, give such directions to the Administrator as the Treasurer or Minister think fit.

(2) The Administrator must comply with a direction given under this section but an act or decision of the Administrator is not invalid merely because of a failure to comply with such a direction.

(3) The Administrator must keep a copy of each direction given under this section available for inspection at the office of the Administrator during business hours, other than any direction, or part of a direction, that the Treasurer and the Minister have declared to be confidential.

S. 53(4) repealed by No. 11/2024 s. 41.

(5) A notice containing a direction given under this section is an exempt document for the purposes of the Freedom of Information Act 1982.

S. 54 amended by Nos 53/1994 s. 15(2), 110/1994 ss 12(b), 33(2), repealed by No. 79/1995 s. 9.

Pt 4 Div. 2 (Heading and ss 55–61) amended by Nos 53/1994 s. 15(3), 110/1994 ss 12(c), 33(2), substituted as Pt 4 Div. 2 (Heading and ss 55–61M) by No. 8/1996 s. 11, amended by No. 46/1998
s. 7(Sch. 1), repealed by No. 25/1998
s. 165(4).

Part 5—Transfer of property of SEC

Division 1—Allocation of property

S. 62 repealed by No. 11/2024 s. 42.

S. 62A inserted by No. 14/1997 s. 7, repealed by No. 11/2024 s. 42.

S. 62AA inserted by No. 36/1999 s. 10, repealed by No. 11/2024 s. 42.

63 Certificate of Administrator

S. 63(1) amended by Nos 14/1997 s. 8(a), 11/2024 s. 43(1)(a)(b).

(1) A certificate signed by the Administrator certifying that property, rights or liabilities of the former SEC specified in the certificate have been allocated under the allocation statement to a former SEC company so specified or person or persons is, unless revoked under subsection (2), conclusive evidence—

S. 63(1)(b) amended by Nos 14/1997 s. 8(b)(c), 11/2024 s. 43(1)(c).

(b) if the certificate is given on or after the appointed day or allocation day, as the case requires, that the property, rights or liabilities vested in or became the property, rights or liabilities of the company or person or persons on the appointed day or allocation day, as the case requires.

(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

S. 63(3)(b) amended by Nos 14/1997 s. 8(d), 11/2024 s. 43(2).

(b) must make the register reasonably available for inspection by a person or persons specified in an allocation statement or other interested person.

S. 63AA inserted by No. 11/2024 s. 44.

63AA Certificate of Minister

(1) On and after the commencement of section 42 of the State Electricity Commission Amendment Act 2024, the Minister may sign a certificate certifying that property, rights or liabilities of the former SEC specified in the certificate, have been allocated under an allocation statement made under this Part as in force immediately before that commencement, to a former SEC company so specified or person or persons.

(2) A certificate signed under subsection (1) is conclusive evidence that the property, rights or liabilities have been allocated as specified in the certificate.

(3) A certificate signed by the Minister under subsection (1) does not affect the validity of a certificate that has been issued under section 63.

Pt 5 Div. 1A (Heading and ss 63A–63D) inserted by No. 110/1994 s. 13, amended by No. 56/1995 s. 15(a), repealed by No. 11/2024 s. 45.

Division 2—Transfer of property

Ss 64–66 repealed by No. 11/2024 s. 46.

S. 66A inserted by No. 14/1997 s. 9, amended by No. 36/1999 s. 11(d), repealed by No. 11/2024 s. 46.

S. 67 amended by No. 14/1997 s. 10(1)(a)(b), repealed by No. 11/2024 s. 46.

S. 68 amended by Nos 14/1997 s. 10(1)(c), 36/1999 s. 11(e), repealed by No. 11/2024 s. 46.

S. 69 amended by No. 14/1997 s. 10(1)(d)(e), repealed by No. 11/2024 s. 46.

S. 70 amended by No. 14/1997 s. 10(1)(f), repealed by No. 11/2024 s. 46.

S. 71 amended by No. 14/1997 s. 10(1)(g), repealed by No. 11/2024 s. 46.

S. 71A inserted by No. 110/1994 s. 14 (as amended by No. 10/1998
s. 10(2)), amended by No. 56/1995 s. 15(b), repealed by No. 11/2024 s. 46.

S. 72 amended by Nos 14/1997 s. 10(1)(h), 11/2024 s. 47(1).

72 Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the appointed day or allocation day, as the case requires, the former SEC is, in relation to transferred property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after the appointed day or allocation day, as the case requires—

(a) the transferee of the transferred property is to be taken to be the registered proprietor of that interest in land; and

S. 72(b) amended by No. 11/2024 s. 47(2).

(b) the transferee has the same rights and remedies in respect of that interest as the former SEC had.

73 Amendment of Register

S. 73(1) amended by No. 11/2024 s. 48.

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Minister or Administrator, must make any amendments in the Register that are necessary because of the operation of this Act.

S. 73(1A) inserted by No. 10/1998
s. 7(1).

(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

S. 73(2) repealed by No. 85/1998 s. 24(Sch. item 20.1).

S. 73(3) amended by No. 14/1997 s. 10(1)(i), repealed by No. 85/1998 s. 24(Sch. item 20.1).

S. 74 amended by No. 11/2024 s. 49(3) (ILA s. 39B(1)).

74 Taxes

(1) No stamp duty or other tax is chargeable under any Act in respect of anything done under this Act or in respect of any act or transaction connected with or necessary to be done by reason of this Act, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with—

S. 74(1)(a) amended by Nos 14/1997 s. 10(1)(j), 36/1999 s. 11(f), 11/2024 s. 49(1).

(a) the transfer of property, rights or liabilities of the former SEC to a former SEC company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024.

S. 74(1)(b) amended by Nos 14/1997 s. 10(1)(j), 36/1999 s. 11(f), repealed by No. 11/2024 s. 49(2).

S. 74(2) inserted by No. 11/2024 s. 49(3).

(2) This section applies to an act or transaction referred to in subsection (1) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the State Electricity Commission Amendment Act 2024.

S. 75 amended by No. 69/2009 s. 54(Sch. Pt 1 items 19.1, 19.8), repealed by No. 11/2024 s. 50.

76 Validity of things done under this Act

S. 76(1) amended by Nos 14/1997 s. 10(1)(k)(i), 36/1999 s. 11(g), 11/2024 s. 51(1)(a)–(c).

(1) Nothing effected by this Act or done or suffered by the former SEC, the State, a Minister, a former SEC company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 under this Act—

S. 76(1)(a) amended by Nos 14/1997 s. 10(1)(k)(ii), 36/1999 s. 11(g), 11/2024 s. 51(1)(d).

(a) is to be regarded as placing the former SEC, the State, a Minister, the company or person or persons nominated by the Minister under section 62A or 62AA as those sections were in force immediately before the commencement of section 42 of the State Electricity Commission Amendment Act 2024 in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

S. 76(2) amended by No. 11/2024 s. 51(2).

(2) The validity of any act or transaction of the former SEC or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the Former SEC (Residual Provisions) Act 1958 had not been complied with.

S. 76(3) inserted by No. 11/2024 s. 51(3).

(3) This section applies to an act or transaction referred to in subsection (1) or (2) regardless of whether the act or transaction occurred before, on or after the commencement of section 42 of the State Electricity Commission Amendment Act 2024.

Pt 5 Div. 3 (Heading and ss 77, 78) amended by Nos 53/1994 s. 16, 110/1994 ss 15, 33(2), 56/1995 s. 16, 35/1997 s. 7, repealed by No. 11/2024 s. 52.

Pt 5 Div. 4 (Heading and s. 79) amended by No. 53/1994
s. 17, repealed by No. 10/1998 s. 8(b).

Pt 6 (Heading and ss 80–84) amended by Nos 53/1994 s. 23(1)(b), 4/1996 s. 134(2), repealed by No. 11/2024 s. 53.

Pt 6A (Heading and s. 84AA) inserted by No. 110/1994 s. 16, repealed by No. 56/1995 s. 17.

Part 7—General

S. 84A inserted by No. 53/1994 s. 18, substituted by Nos 110/1994 s. 17, 56/1995 s. 18, amended by No. 35/1997 s. 22(b).

84A Public distribution company, public transmission company and public generation company

A public distribution company, public transmission company or public generation company is a public authority but does not represent the Crown.

S. 84AAA inserted by No. 55/1997
s. 7.

84AAA Certain assets not to be fixtures

(1) The Minister may, by written notice, declare that specified assets that are affixed to land and that are disposed of by VPX, a public transmission company or a public generation company are taken, for all purposes, to be separate assets being chattels personal and not fixtures.

(2) The declaration has effect accordingly.

New s. 84AA inserted by No. 79/1995 s. 10.

84AA Financial benefits given on arm's length terms

(1) A financial benefit given before 1 July 1995 by a distribution company or generation company under a relevant contract to a recipient is deemed for the purposes of Part 3.2A of the Corporations Law of Victoria (despite anything to the contrary in that Law) to have been given on terms and conditions no more favourable to the recipient than those on which it is reasonable to expect that the first-mentioned distribution company or generation company would have given the benefit directly if dealing with the recipient at arm's length in the same circumstances.

(2) In subsection (1)—

recipient means Power Net Victoria, VPX, SEC, Generation Victoria, a distribution company or a generation company;

relevant contract means use of system agreement, connection agreement, distribution system agreement, tariffs and charges deed or vesting hedging contract.

S. 84AB inserted by No. 79/1995 s. 10, amended by No. 35/1997 s. 22(c), repealed by No. 33/2014 s. 10.

S. 84AC inserted by No. 79/1995 s. 10, amended by Nos 68/2001 s. 18, 34/2013 s. 35(Sch. 2 item 3).

84AC Building Act 1993

The Victorian Building Authority under the Building Act 1993, by notice published in the Government Gazette, may determine that building work, or a building, on land of a generation company is exempt from the provisions of the Building Act 1993 and regulations under that Act specified in the notice, subject to such conditions (if any) as are so specified.

S. 84B inserted by No. 53/1994 s. 18, amended by No. 110/1994 s. 33(2).

84B Persons dealing with electricity corporations or VPX

A certificate issued by the chief executive officer of an electricity corporation or VPX to a person having dealings with the corporation or VPX certifying that an act or transaction is an act or transaction that the corporation or VPX is authorised to do or enter into under its licence and the licence conditions under Part 12 is conclusive evidence, as between that person and the corporation or VPX, that the corporation or VPX is so authorised.

S. 84C inserted by No. 53/1994 s. 18, amended by Nos 110/1994 ss 18(a), 33(2), 56/1995 s. 19(a), 35/1997 s. 22(d), 11/2024 s. 54.

84C Reports to Treasurer

The Treasurer may, in writing, require the board of directors of an electricity corporation or VPX to give to the Treasurer such information as the Treasurer considers necessary.

S. 84D inserted by No. 53/1994 s. 18, repealed by No. 130/1993 s. 84D(2).

S. 84E inserted by No. 53/1994 s. 18, amended by No. 110/1994 ss 18(b), 33(2), repealed by No. 10/1998

85 Delegation by Minister and Treasurer

The Minister or the Treasurer may, in writing, delegate to any person any function or power of the Minister or Treasurer under this Act, other than this power of delegation.

S. 86 amended by Nos 53/1994 s. 19(1)(a), 110/1994 ss 18(c), 33(2), 35/1997 s. 22(e), repealed by No. 11/2024 s. 55.

S. 87 amended by Nos 53/1994 s. 19(1)(b), 110/1994 s. 33(2).

87 Service of documents on electricity corporation

A document required or authorised to be served on an electricity corporation or VPX may be served—

(a) personally on a person—

S. 87(a)(i) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2).

(i) apparently concerned in the management of the corporation or VPX; or

S. 87(a)(ii) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2).

(ii) apparently authorised to accept service of documents on behalf of the corporation or VPX; or

S. 87(b) amended by Nos 53/1994 s. 19(1)(c), 110/1994 s. 33(2).

(b) by post to the corporation or VPX at its principal office.

88 Evidence of documents

S. 88(1) amended by Nos 53/1994 s. 19(1)(b)(c), 110/1994 s. 33(2).

(1) A document issued or purporting to have been issued by an electricity corporation or VPX and purporting to have been signed by the chief executive officer of the corporation or VPX is evidence that the document was issued by the corporation or VPX.

S. 88(2) repealed by No. 25/1998 s. 165(5).

S. 89
repealed by No. 53/1994 s. 19(1)(d).

90 Treasurer may give guarantee

S. 90(1) amended by Nos 53/1994 s. 19(1)(e)(f), 110/1994 ss 18(d), 33(2), 56/1995 s. 19(b)(c), 35/1997 s. 22(f), 11/2024 s. 56(1).

(1) The Treasurer may, on behalf of the Government of Victoria, execute a guarantee on such terms and conditions as the Treasurer determines in favour of any person guaranteeing the due satisfaction of amounts that become payable by an electricity corporation or VPX under section 29(1) or of amounts that become payable and of other actions required to be performed as a result of or in connection with the provision to an electricity corporation or VPX of financial accommodation including without limiting the generality of the foregoing, the payment of expenses of enforcing or obtaining or endeavouring to obtain such satisfaction.

(2) Any sums required by the Treasurer in fulfilling any liability arising under a guarantee given under this section shall be paid out of the Consolidated Fund, which is to the necessary extent appropriated accordingly.

S. 90(3) amended by Nos 53/1994 s. 19(1)(e), 110/1994 ss 18(d), 33(2), 56/1995 s. 19(d), 35/1997 s. 22(f), 11/2024 s. 56(2).

(3) Any sums received or recovered by the Treasurer from an electricity corporation or VPX or otherwise in respect of any sum paid by the Treasurer under a guarantee shall be paid into the Consolidated Fund.

S. 91 amended by Nos 53/1994 s. 19(2), 8/1996 s. 12, repealed by No. 11/2024 s. 57.

S. 91AA inserted by No. 8/1996 s. 13, amended by Nos 35/1997 ss 8(1)(2), 9, 10/1998 s. 5(1)(h), repealed by No. 8/1996 s. 14.

S. 91A inserted by No. 53/1994 s. 20, amended by Nos 110/1994 ss 18(d), 33(2), 35/1997 s. 22(g).

91A Exemption from Freedom of Information Act

An electricity corporation, VPX, a distribution company, a transmission company or a generation company is not, and is not eligible to be declared to be, an agency or prescribed authority within the meaning of the Freedom of Information Act 1982.

S. 91AB inserted by No. 110/1994 s. 19, amended by No. 35/1997 s. 22(h).

91AB Ombudsman Act 1973 not to apply

An electricity corporation, VPX, a distribution company, a transmission company or a generation company is not a public statutory body to which the Ombudsman Act 1973 applies.

S. 91AC inserted by No. 110/1994 s. 19, repealed by No. 11/2024 s. 58.

S. 91B inserted by No. 53/1994 s. 20.

91B Debt proceedings

In a proceeding in the Magistrates' Court for a debt owing to a distribution company any person authorised by the distribution company in writing for that purpose may file a complaint in that person's own name or in the name of the distribution company and may represent the distribution company in all respects as though that person was the party concerned.

S. 91C inserted by No. 36/1999 s. 12, repealed by No. 69/2000 s. 12.

S. 92 amended by No. 56/1995 s. 20(1).

92 Regulations

(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

S. 92(2) inserted by No. 56/1995 s. 20(2).

(2) The regulations are subject to disallowance by a House of the Parliament.

Part 8—Transitional

S. 93
repealed by No. 10/1998

94 Generation Victoria successor of State Body

(1) On the day on which this Act receives the Royal Assent—

(a) all property and rights of the body known as Generation Victoria established under the State Owned Enterprises (State Body—Generation Victoria) Order 1993 published in the Government Gazette No. S74 dated 7 October 1993 (the State Body) vest in Generation Victoria;

(b) all liabilities of the State Body become liabilities of Generation Victoria;

(c) Generation Victoria becomes the successor in law of the State Body;

(d) the State Body is dissolved.

(2) A person holding office, immediately before the commencement of this section as a director (including chief executive officer, if any) of the state Body referred to in subsection (1) is deemed to have been appointed, on that commencement, as director or chief executive officer of Generation Victoria for a term equivalent to the remainder of the term for which, and on the same terms and conditions as those in which, he or she was appointed to the State Body.

S. 95
repealed by No. 10/1998

S. 96 amended by Nos 53/1994 s. 21(1)(a)–(e)(2), 110/1994 ss 20(1)(a)(b) (2), 33(2), repealed by No. 10/1998

S. 97 amended by Nos 53/1994 s. 21(3)(a)–(c), 110/1994 s. 20(3), repealed by No. 10/1998

Pt 9 (Heading and ss 98–113) substituted as Pt 9 (Headings and ss 98–115A) by
No. 53/1994 s. 24.

Part 9—Transfer of property and staff of National Electricity

S. 98 substituted by No. 53/1994 s. 24.

98 Definitions

chief executive officer means chief executive officer of National Electricity;

former National Electricity property means property, rights or liabilities of National Electricity that, under this Part, have vested in, or become liabilities of, another person;

National Electricity instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which National Electricity was a party; or

(b) that was given to or in favour of National Electricity; or

(c) that refers to National Electricity; or

(i) money is, or may become, payable to or by National Electricity; or

(ii) other property is to be, or may become liable to be, transferred to or by National Electricity;

new employer, in relation to a transferred National Electricity employee, means the body by which, by virtue of section 114, the transferred National Electricity employee is regarded as being employed with effect from the relevant date;

(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

(b) in relation to a document referred to in section 113(1), means the date fixed by the Minister under subsection (2) for the purposes of that document;

transferred National Electricity employee means a person who, by virtue of section 114, is regarded as being employed by a new employer with effect from the relevant date;

transferee, in relation to former National Electricity property, means the person to whom the property has been transferred under this Part.

(a) fix the relevant date for the purposes of an allocation statement under section 99;

(b) fix the relevant date for the purposes of a document referred to in section 113(1).

S. 99 substituted by No. 53/1994 s. 24.

99 Minister may direct National Electricity to transfer property

(1) The Minister may, in writing, direct National Electricity to transfer property, rights and liabilities of a specified kind to a person or persons nominated by the Minister.

(2) Within 3 months after receiving a direction under subsection (1), National Electricity must give to the Minister a statement approved by the Minister relating to the property, rights and liabilities of National Electricity to which the direction relates, as at a date specified by the Minister for the purposes of the statement.

(3) A statement under this section—

(a) must allocate the property, rights and liabilities of National Electricity shown in the statement to, or between, the person or persons nominated by the Minister; and

(b) must be signed by the chief executive officer.

(4) If a statement under this section is approved by the Treasurer and the Minister—

(5) The Treasurer and the Minister may at any time direct National Electricity to amend a statement given to them under this section as specified in the direction.

(6) An allocation statement under this section may be amended by writing signed by the Treasurer and the Minister.

S. 99(6A) inserted by No. 56/1995 s. 21, amended by No. 35/1997 s. 22(i).

(6A) A direction under subsection (1) or (5) or an amendment under subsection (6) that would affect a distribution company, a transmission company or a generation company must not be given or made unless all the shares in the company are held by, or on behalf of, the State or a statutory authority.

(7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

S. 100 substituted by No. 53/1994 s. 24.

100 Certificate of chief executive officer

(1) A certificate signed by the chief executive officer certifying that property, rights or liabilities of National Electricity specified in the certificate have been allocated under the allocation statement to a person so specified is, unless revoked under subsection (2), conclusive evidence—

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the transferee on the relevant date.

(2) If the Treasurer and the Minister so direct the chief executive officer in writing, the chief executive officer must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(3) The chief executive officer—

(b) must make the register reasonably available for inspection by a transferee or other interested person.

S. 100(4) inserted by No. 10/1998
s. 5(2).

(4) In this section, chief executive officer means the Administrator.

S. 101 substituted by No. 53/1994 s. 24.

101 Property transferred to nominee

(a) all property and rights of National Electricity, wherever located, that are allocated under an allocation statement to a person nominated by the Minister in a direction under section 99, vest in that person; and

(b) all liabilities of National Electricity, wherever located, that are allocated under an allocation statement to that person, become liabilities of that person.

S. 102 substituted by No. 53/1994 s. 24.

102 Allocation of property etc. subject to encumbrances

a person nominated by the Minister in a direction under section 99—

(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which National Electricity was entitled in respect of those liabilities immediately before they ceased to be liabilities of National Electricity vest in the transferee.

S. 103 substituted by No. 53/1994 s. 24.

103 Value of former National Electricity property

(1) The value to a person nominated by the Minister in a direction under section 99 of former National Electricity property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.

S. 103(2) amended by No. 35/1997 s. 22(j).

(2) If a person nominated by the Minister in a direction under section 99 is a distribution company or transmission company, the consideration payable by the distribution company or transmission company in respect of former National Electricity property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.

S. 103(3) amended by No. 35/1997 s. 22(k)(i)(ii).

(3) On the date notified in writing to the distribution company or transmission company by the Treasurer for the purposes of this subsection, a distribution company or transmission company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the value of the liabilities that, before that date, have become liabilities of the distribution company or transmission company, as the case requires, under an allocation statement under this Part.

S. 104 substituted by No. 53/1994 s. 24.

104 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of National Electricity under an agreement are allocated to a person nominated by the Minister in a direction under section 99—

(a) the person becomes, on the relevant date, a party to the agreement in place of National Electricity; and

S. 105 substituted by No. 53/1994 s. 24.

105 National Electricity instruments

Each National Electricity instrument relating to former National Electricity property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to National Electricity were a reference to the transferee.

S. 106 substituted by No. 53/1994 s. 24.

106 Proceedings

If, immediately before the relevant date, proceedings relating to former National Electricity property (including arbitration proceedings) to which National Electricity was a party were pending or existing in any court or tribunal, then, on and after that date, the transferee is substituted for National Electricity as a party to the proceedings and has the same rights in the proceedings as National Electricity had.

S. 106A inserted by No. 110/1994 s. 21.

106A Criminal proceedings

S. 106A(1) amended by No. 56/1995 s. 22(a).

(1) If National Electricity is convicted (whether before or after the commencement of section 21 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority nominated by the Minister.

(b) the statement allocates liability to pay the fine to the person specified in it; and

(c) the person is liable to pay the fine as if it had committed and been convicted of the offence.

S. 107 substituted by No. 53/1994 s. 24.

107 Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, National Electricity is, in relation to former National Electricity property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(a) the transferee is to be taken to be the registered proprietor of that interest in land; and

(b) the transferee has the same rights and remedies in respect of that interest as National Electricity had.

S. 108 substituted by No. 53/1994 s. 24.

108 Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the chief executive officer, must make any amendments in the Register that are necessary because of the operation of this Act.

S. 108(1A) inserted by No. 10/1998
s. 7(2).

(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

S. 108(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.2).

S. 109 substituted by No. 53/1994 s. 24.

109 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of National Electricity.

S. 110 substituted by No. 53/1994 s. 24.

110 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of National Electricity in relation to former National Electricity property if this Part had not been enacted, is admissible for or against the interests of the transferee.

S. 110(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.2).

(2) The Evidence Act 2008 applies with respect to the books of account of National Electricity and to entries made in those books of account before the relevant date, whether or not they relate to former National Electricity property, as if those books of account and entries were business records.

S. 110(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).

S. 111 substituted by No. 53/1994 s. 24.

111 Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered by National Electricity, the State, a Minister or a transferee of former National Electricity property under this Part—

(a) is to be regarded as placing National Electricity, the State, a Minister or the transferee in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(2) The validity of any act or transaction of National Electricity or the chief executive officer must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.

Pt 9 Div. 4 (Heading and s. 112) amended by No. 53/1994 s. 24, repealed by No. 10/1998 s. 8(b).

S. 113 substituted by No. 53/1994 s. 24.

113 List of National Electricity staff

(1) Before the relevant date, National Electricity must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of National Electricity and specifying in respect of each such officer or employee, the body by which he or she is to be regarded as having been employed by virtue of section 114 with effect from the relevant date.

(2) The document may be amended, before or after the relevant date, by instrument signed by the chief executive officer and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.

(3) Nothing in this section prevents a person listed in the document as an officer or employee of National Electricity from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.

S. 114 substituted by No. 53/1994 s. 24.

114 Transfer of National Electricity staff

(1) A person listed as an officer or employee of National Electricity in a document under section 113 who was such an officer or employee immediately before the relevant date is to be regarded as—

(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of National Electricity; and

(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of National Electricity, immediately before the relevant date.

(2) The service of a transferred National Electricity employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of National Electricity.

(3) A transferred National Electricity employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of National Electricity because of this Act.

(4) A certificate purporting to be signed by the chief executive officer certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a body named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

S. 115 substituted by No. 53/1994 s. 24, amended by No. 110/1994 s. 33(2), repealed by No. 11/2024 s. 59.

S. 115A inserted by No. 53/1994 s. 24, repealed by No. 4/1996 s. 134(2).

Pt 10 (Heading and ss 114–118) substituted as Pt 10 (Headings and ss 116–134) by No. 53/1994 s. 24.

Part 10—Transfer of property and staff of ESV to distribution companies

S. 116 substituted by No. 53/1994 s. 24.

116 Definitions

chief executive officer means chief executive officer of ESV;

company transferee, in relation to former ESV property, means the distribution company or other person to which the property has been transferred under this Part;

ESV means Electricity Services Victoria;

ESV instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which ESV was a party; or

(b) that was given to or in favour of ESV; or

(c) that refers to ESV; or

(i) money is, or may become, payable to or by ESV; or

(ii) other property is to be, or may become liable to be, transferred to or by ESV;

former ESV property means property, rights or liabilities of ESV that, under this Part, have vested in, or become liabilities of, a distribution company or other person;

new employer, in relation to a transferred ESV employee, means the distribution company or other person by which, by virtue of section 132, the transferred ESV employee is regarded as being employed with effect from the relevant date;

(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

(b) in relation to a document referred to in section 131(1), means the date fixed by the Minister under subsection (2) for the purposes of that document;

transferred ESV employee means a person who, by virtue of section 132, is regarded as being employed by a new employer with effect from the relevant date.

(a) fix the relevant date for the purposes of an allocation statement under section 117;

(b) fix the relevant date for the purposes of a document referred to in section 131(1).

S. 117 substituted by No. 53/1994 s. 24.

117 ESV to prepare allocation statement

(1) ESV must give to the Treasurer and the Minister, within the period of 3 months after the date on which the Electricity Industry (Amendment) Act 1994 receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of ESV as at a date specified by the Minister for the purposes of the relevant statement.

(a) must allocate the property, rights and liabilities of ESV shown in the statement to, or between, the distribution companies and any other person or persons nominated in writing by the Minister;

(b) must be signed by the chief executive officer or, after the commencement of section 8 of the Electricity Industry (Amendment) Act 1994, by the Administrator.

(4) The Treasurer and the Minister may at any time direct ESV or, after the commencement of section 8 of the Electricity Industry (Amendment) Act 1994, the Administrator to amend a statement given to them under this section as specified in the direction.

S. 117(5A) inserted by No. 110/1994 s. 22.

(5A) A direction under subsection (4) or an amendment under subsection (5) that would affect a distribution company must not be given or made unless all the shares in the distribution company are held by or on behalf of the State or a statutory authority.

(6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

S. 118 substituted by No. 53/1994 s. 24.

118 Certificate of Administrator

(1) A certificate signed by the Administrator certifying that property, rights or liabilities of ESV specified in the certificate have been allocated under the allocation statement to a distribution company or any other person so specified is, unless revoked under subsection (2), conclusive evidence—

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the distribution company or other person on the relevant date.

(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(b) must make the register reasonably available for inspection by a distribution company or other interested person.

S. 119 substituted by No. 53/1994 s. 24.

119 Property transferred to distribution company

(a) all property and rights of ESV, wherever located, that are allocated under an allocation statement to a distribution company or another person, vest in that company or person; and

(b) all liabilities of ESV, wherever located, that are allocated under an allocation statement to a distribution company or another person, become liabilities of that company or person.

S. 120 substituted by No. 53/1994 s. 24.

120 Allocation of property etc. subject to encumbrances

a distribution company or other person—

(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which ESV was entitled in respect of those liabilities immediately before they ceased to be liabilities of ESV vest in the distribution company or other person.

S. 121 substituted by No. 53/1994 s. 24.

121 Value of former ESV property

(1) The value to a distribution company or another person of former ESV property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.

(2) The consideration payable by a distribution company in respect of the property and rights of ESV vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.

(3) On the date notified in writing to the distribution company by the Treasurer for the purposes of this subsection, a distribution company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the sum of the value of—

(a) the liabilities that, before that date, have become liabilities of the distribution company under an allocation statement under this Part; and

(b) the financial obligations for which the distribution company is responsible as at that date in accordance with an allocation statement under section 77.

S. 122 substituted by No. 53/1994 s. 24.

122 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of ESV under an agreement are allocated to a distribution company or another person—

(a) the company or person becomes, on the relevant date, a party to the agreement in place of ESV; and

(b) on and after the relevant date, the agreement has effect as if the company or person had always been a party to the agreement.

S. 123

123 ESV instruments

Each ESV instrument relating to former ESV property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to ESV were a reference to the company transferee.

S. 124

124 Proceedings

If, immediately before the relevant date, proceedings relating to former ESV property (including arbitration proceedings) to which ESV was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for ESV as a party to the proceedings and has the same rights in the proceedings as ESV had.

S. 124A inserted by No. 110/1994 s. 23.

124A Criminal proceedings

S. 124A(1) amended by No. 56/1995 s. 22(b).

(1) If ESV is convicted (whether before or after the commencement of section 23 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a distribution company or a statutory authority or company all the shares in which are held by, or on behalf of, the State or a statutory authority.

(b) the statement allocates liability to pay the fine to the distribution company or other person specified in it; and

(c) the distribution company or other person is liable to pay the fine as if it had committed and been convicted of the offence.

S. 125

125 Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, ESV is, in relation to former ESV property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(b) the company transferee has the same rights and remedies in respect of that interest as ESV had.

S. 126

126 Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.

S. 126(1A) inserted by No. 10/1998
s. 7(3).

(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

S. 126(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.3).

S. 127

127 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of ESV to a company transferee.

S. 128

128 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of ESV in relation to former ESV property if this Part had not been enacted, is admissible for or against the interests of the company transferee.

S. 128(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.3).

(2) The Evidence Act 2008 applies with respect to the books of account of ESV and to entries made in those books of account—before the relevant date, whether or not they relate to former ESV property, as if those books of account and entries were business records.

S. 128(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).

S. 129

129 Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered by ESV, the State, a Minister, a distribution company or another person under this Part—

(a) is to be regarded as placing ESV, the State, a Minister, the company or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

S. 129(2) amended by No. 11/2024 s. 60.

(2) The validity of any act or transaction of ESV or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the Former SEC (Residual Provisions) Act 1958 had not been complied with.

Pt 10 Div. 4 (Heading and s. 130) inserted by No. 53/1994 s. 24, repealed by No. 10/1998 s. 8(b).

S. 131

131 List of ESV staff

(1) Before the relevant date, ESV must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of ESV and specifying, in respect of each such officer or employee, the distribution company or other person by which he or she is to be regarded as having been employed by virtue of section 132 with effect from the relevant date.

(2) The document may be amended—

(a) before the commencement of section 8 of the Electricity Industry (Amendment) Act 1994, by instrument signed by the chief executive officer and given to the Minister and Treasurer;

(b) on or after that commencement, by instrument signed by the Administrator and given to the Minister and Treasurer—

and the amendment is to be regarded as having effect, or having had effect, from the relevant date.

(3) Nothing in this section prevents a person listed in the document as an officer or employee of ESV from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.

S. 132

132 Transfer of ESV staff

(1) A person listed as an officer or employee of ESV in a document under section 131 who was such an officer or employee immediately before the relevant date is to be regarded as—

(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of ESV; and

(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of ESV, immediately before the relevant date.

(2) The service of a transferred ESV employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of ESV.

(3) A transferred ESV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of ESV because of this Act.

(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a distribution company or other person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

S. 133
inserted by No. 53/1994 s. 24, amended by No. 110/1994 ss 24, 33(2), repealed by No. 11/2024 s. 61.

S. 134
inserted by No. 53/1994 s. 24, repealed by No. 4/1996 s. 134(2).

Pt 11 (Heading and ss 119–122) amended by No. 4/1994 s. 4(2), substituted as Pt 11 (Headings and ss 135–153) by No. 53/1994 s. 24.

Part 11—Transfer of municipal electrical undertakings to distribution companies

S. 135

135 Definitions

allocator means the person who is nominated by the Minister for the purposes of Division 3;

company transferee, in relation to former MEU property, means the distribution company to which the property has been transferred under this Part;

former MEU property means MEU property that, under this Part, has vested in, or become a liability of, a distribution company;

MEU means an electrical undertaking conducted immediately before the commencement of section 24 of the Electricity Industry (Amendment) Act 1994 by a municipal council under the authority of an Order in Council made under the Electric Light and Power Act 1958 or a corresponding previous enactment;

MEU instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which a municipal council was a party; or

(b) that was given to or in favour of a municipal council; or

(c) that refers to a municipal council; or

(i) money is, or may become, payable to or by a municipal council; or

(ii) other property is to be, or may become liable to be, transferred to or by a municipal council;

MEU property means the property, rights or liabilities of a municipal council in respect of a MEU to which an agreement under section 136 applies;

new employer, in relation to a transferred MEU staff member, means the distribution company by which, by virtue of section 151, the transferred MEU staff member is regarded as being employed with effect from the relevant date;

relevant date means the date fixed by the Minister under subsection (2);

transferred MEU staff member means a person who, by virtue of section 151, is regarded as being employed by a new employer with effect from the relevant date.

(2) The Minister may, by notice published in the Government Gazette, fix the relevant date for the purposes of this Part.

Division 2—Agreement

S. 136

136 Agreement with respect to transfer of property and staff of MEUs

(1) The Treasurer, on behalf of the Government of Victoria, may enter into an agreement in writing with one or more than one municipal council with respect to the transfer in accordance with the provisions of this Part, for the consideration expressed in the agreement, of MEU property to one or more than one distribution company.

(2) An agreement made under subsection (1) may be amended or varied at any time before the relevant date in accordance with the terms of that agreement.

Division 3—Allocation of property

S. 137

137 Allocator to prepare allocation statement

(1) The allocator must give to the Treasurer and the Minister, within the period of 3 months after the date on which an agreement is entered into under section 136 or such longer period as the Treasurer and the Minister approve, a statement approved by the Minister relating to the MEU property as at a date specified by the Minister for the purposes of this section.

(a) must allocate the MEU property shown in the statement between the distribution companies;

(b) must be signed by the allocator.

(4) The Treasurer and the Minister may at any time direct the allocator to amend a statement given to them under this section as specified in the direction.

S. 137(5A) inserted by No. 56/1995 s. 23.

(5A) A direction under subsection (4) or an amendment under subsection (5) that would affect a distribution company must not be given or made unless all the shares in the distribution company are held by, or on behalf of, the State or a statutory authority.

(6) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

S. 138

138 Certificate of Administrator

(1) A certificate signed by the Administrator certifying that MEU property specified in the certificate has been allocated under the allocation statement to a distribution company so specified is, unless revoked under subsection (2), conclusive evidence—

(a) that the MEU property has been so allocated; and

(b) that the property, rights or liabilities specified in the certificate vested in or became the property, rights or liabilities of the distribution company on the relevant date so specified.

(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(b) must make the register reasonably available for inspection by a distribution company or other interested person.

Division 4—Transfer of property

S. 139

139 Property transferred to distribution company

(a) all property and rights of a municipal council, wherever located, that are allocated under an allocation statement to a distribution company, vest in that company; and

(b) all liabilities of a municipal council, wherever located, that are allocated under an allocation statement to a distribution company, become liabilities of that company.

S. 140

140 Allocation of property etc. subject to encumbrances

a distribution company—

(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which a municipal council was entitled in respect of those liabilities immediately before they ceased to be liabilities of the municipal council vest in the distribution company.

S. 141

141 Value of former MEU property

(1) The value to a distribution company of former MEU property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.

(2) The consideration payable by a distribution company in respect of former MEU property vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.

(3) On the date notified in writing to the distribution company by the Treasurer for the purposes of this subsection, a distribution company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the value of the liabilities that, before that date, have become liabilities of the distribution company under an allocation statement under this Part.

S. 142

142 Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of a municipal council under an agreement are allocated to a distribution company—

(a) the company becomes, on the relevant date, a party to the agreement in place of the municipal council; and

(b) on and after the relevant date, the agreement has effect as if the company had always been a party to the agreement.

S. 143

143 MEU instruments

Each MEU instrument relating to former MEU property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the municipal council were a reference to the company transferee.

S. 143A inserted by No. 56/1995 s. 24.

143A Proceedings

If, immediately before the relevant date, proceedings relating to property transferred to a company transferee under an allocation statement under this Part (including arbitration proceedings) to which a municipal council was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for the municipal council as a party to the proceedings and has the same rights in the proceedings as the municipal council had.

S. 144

144 Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, a municipal council is, in relation to former MEU property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(b) the company transferee has the same rights and remedies in respect of that interest as the municipal council had.

S. 145

145 Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.

S. 145(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.4).

S. 146

146 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of a municipal council to a distribution company.

S. 147

147 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of a municipal council in relation to former MEU property if this Part had not been enacted, is admissible for or against the interests of the company transferee.

S. 147(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.4).

(2) The Evidence Act 2008 applies with respect to the books of account of a municipal council and to entries made in those books of account before the relevant date, whether or not they relate to former MEU property, as if those books of account and entries were business records.

S. 147(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).

S. 148

148 Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered by a municipal council, the State, a Minister or a distribution company under this Part—

(a) is to be regarded as placing the municipal council, the State, a Minister or the company in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

(2) The validity of any act or transaction of a municipal council, the allocator or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act, the Electric Light and Power Act 1958, the State Electricity Commission Act 1958 or the Local Government Act 1989 had not been complied with.

Pt 11 Div. 5 (Heading and s. 149) inserted by No. 53/1994 s. 24, repealed by No. 10/1998 s. 8(b).

Division 6—Staff

S. 150

150 List of MEU staff

(1) Before the relevant date, the allocator must prepare and submit to the Minister and Treasurer a document signed by the allocator listing all the members of Council staff of a municipal council who have accepted an offer of employment made by a distribution company in accordance with an agreement made under section 136(1) and specifying, in respect of each such member of Council staff, the distribution company by which he or she is to be regarded as having been employed by virtue of section 151 with effect from the relevant date or such later date as is specified.

(2) The document may be amended, before or after the relevant date, by instrument signed by the allocator and given to the Minister and Treasurer and the amendment is to be regarded as having effect, or having had effect, from the relevant date.

(3) Nothing in this section prevents a person listed in the document as a member of Council staff from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her employment.

S. 151

151 Transfer of MEU staff

(1) A person listed as a member of Council staff in a document under section 150 who was a member of Council staff immediately before the relevant date is to be regarded as—

(a) having had his or her employment transferred to the new employer with effect from the relevant date by force of this section and having been employed by that employer on and from the relevant date; and

(b) having been so employed on the terms and conditions agreed to by him or her and the new employer; and

(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as a member of Council staff, immediately before the relevant date.

(2) The service of a transferred MEU staff member as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as a member of Council staff.

(3) A transferred MEU staff member is not entitled to receive any payment or other benefit by reason only of having ceased to be a member of Council staff because of this Act.

(4) A certificate purporting to be signed by the allocator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a distribution company named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

S. 152

152 Future terms and conditions of transferred MEU staff members

(1) Nothing in section 151 prevents—

(a) any of the terms and conditions of employment of a transferred MEU staff member from being altered by or under any law, award or agreement with effect from any time after the relevant date; or

(b) a transferred MEU staff member from transferring to the employment of another distribution company at any time within 6 months after the relevant date on terms and conditions agreed to by the employee and that other distribution company; or

(c) a transferred MEU staff member from resigning or being dismissed at any time after the relevant date in accordance with the then existing terms and conditions of his or her employment by the new employer.

(2) The service of a transferred MEU staff member as an employee of another distribution company to which he or she transfers as mentioned in subsection (1)(b) is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as a member of Council staff and with his or her service on or after that date as an employee of a distribution company.

S. 153
inserted by No. 53/1994 s. 24, repealed by No. 4/1996 s. 134(2).

Pt 11A (Headings and ss 153A–153T) inserted by No. 110/1994 s. 25.

Part 11A—Transfer of property and staff of Generation Victoria

S. 153A inserted by No. 110/1994 s. 25.

153A Definitions

chief executive officer means chief executive officer of GV;

company transferee, in relation to former GV property, means the generation company, SEC or other person to which the property has been transferred under this Part;

GV means Generation Victoria;

GV instrument means an instrument (including a legislative instrument other than this Act) subsisting immediately before the relevant date—

(a) to which GV was a party; or

(b) that was given to or in favour of GV; or

(c) that refers to GV; or

(i) money is, or may become, payable to or by GV; or

(ii) other property is to be, or may become liable to be, transferred to or by GV;

former GV property means property, rights or liabilities of GV that, under this Part, have vested in, or become liabilities of, a generation company, SEC or another person;

new employer, in relation to a transferred GV employee, means the generation company, SEC or other person by which, by virtue of section 153R, the transferred GV employee is regarded as being employed with effect from the relevant date;

(a) in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Minister under subsection (2) for the purposes of that statement;

(b) in relation to a document referred to in section 153Q(1), means a date fixed by the Minister under subsection (2) for the purposes of that document;

S. 153A(1) def. of SEC inserted by No. 11/2024 s. 62.

SEC means the former SEC;

transferred GV employee means a person who, by virtue of section 153R, is regarded as being employed by a new employer with effect from the relevant date.

(a) fix the relevant date for the purposes of an allocation statement under section 153B;

(b) fix the relevant date for the purposes of a document referred to in section 153Q(1).

S. 153B inserted by No. 110/1994 s. 25.

153B GV to prepare allocation statement

(1) GV must give to the Treasurer and the Minister, within the period of 3 months after the date on which the Electricity Industry (Further Amendment) Act 1994 receives the Royal Assent or such longer period as the Treasurer and the Minister approve, a statement or statements approved by the Minister relating to the property, rights and liabilities of GV as at a date specified by the Minister for the purposes of the relevant statement.

(a) must allocate the property, rights and liabilities of GV shown in the statement to, or between, the generation companies, SEC and any other person or persons nominated in writing by the Minister;

(b) must be signed by the chief executive officer or, after the commencement of section 5 of the Electricity Industry (Further Amendment) Act 1994, by the Administrator.

(4) The Treasurer and the Minister may at any time direct GV or, after the commencement of section 5 of the Electricity Industry (Further Amendment) Act 1994, the Administrator to amend a statement given to them under this section as specified in the direction.

(6) A direction under subsection (4) or an amendment under subsection (5) that would affect a generation company must not be given or made unless all the shares in the generation company are held by or on behalf of the State or a statutory authority.

(7) In this section, statement and allocation statement include a statement or allocation statement amended in accordance with this section.

S. 153C inserted by No. 110/1994 s. 25.

153C Certificate of Administrator

(1) A certificate signed by the Administrator certifying that property, rights or liabilities of GV specified in the certificate have been allocated under the allocation statement to a generation company, SEC or any other person so specified is, unless revoked under subsection (2), conclusive evidence—

(b) that the property, rights or liabilities vested in or became the property, rights or liabilities of the generation company, SEC or other person on the relevant date.

(2) If the Treasurer and the Minister so direct the Administrator in writing, the Administrator must revoke a certificate given under subsection (1) by issuing another certificate or certificates in place of the first certificate.

(b) must make the register reasonably available for inspection by a generation company or other interested person.

S. 153D inserted by No. 110/1994 s. 25.

153D Property transferred to generation company

(a) all property and rights of GV, wherever located, that are allocated under an allocation statement to a generation company, SEC or another person, or any 2 or more of the generation companies, SEC or other persons, vest in that company, SEC or person or any 2 or more of them; and

(b) all liabilities of GV, wherever located, that are allocated under an allocation statement to a generation company, SEC or another person, or to any 2 or more of the generation companies, SEC or other persons, become liabilities of that company, SEC or person or any 2 or more of them.

S. 153E inserted by No. 110/1994 s. 25.

153E Allocation of property etc. subject to encumbrances

a generation company, SEC or other person or any 2 or more of the generation companies, SEC and other persons—

(c) the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and

(d) the rights to which GV was entitled in respect of those liabilities immediately before they ceased to be liabilities of GV vest in the generation company, SEC or other person or any 2 or more of them.

S. 153F inserted by No. 110/1994 s. 25.

153F Value of former GV property

(1) The value to a generation company, SEC or another person of former GV property as at the relevant date is the value shown in, or calculated in accordance with, the relevant allocation statement.

(2) The consideration payable by a generation company in respect of the property and rights of GV vested in it under an allocation statement under this Part is an amount equal to the value shown in, or calculated in accordance with, the statement.

(3) On the date notified in writing to the generation company by the Treasurer for the purposes of this subsection, a generation company becomes liable to pay to the Treasurer, at the time and in the manner specified by the Treasurer, an amount equal to the sum of the considerations referred to in subsection (2), less the sum of the value of—

(a) the liabilities that, before that date, have become liabilities of the generation company under an allocation statement under this Part; and

(b) the financial obligations for which the generation company is responsible as at that date in accordance with an allocation statement under section 77.

S. 153G inserted by No. 110/1994 s. 25.

153G Substitution of party to agreement

If, under an allocation statement, the rights and liabilities of GV under an agreement are allocated to a generation company, SEC or another person—

(a) the company, SEC or person becomes, on the relevant date, a party to the agreement in place of GV; and

(b) on and after the relevant date, the agreement has effect as if the company, SEC or person had always been a party to the agreement.

S. 153H inserted by No. 110/1994 s. 25.

153H Criminal proceedings

S. 153H(1) amended by No. 56/1995 s. 25(a).

(1) If GV is convicted (whether before or after the commencement of section 25 of the Electricity Industry (Further Amendment) Act 1994) of an offence in respect of which a fine is payable, the Administrator may prepare a statement allocating liability to pay the fine to a public generation company.

S. 153H(2)(b) amended by No. 56/1995 s. 25(a).

(b) the statement allocates liability to pay the fine to the public generation company specified in it; and

S. 153H(2)(c) amended by No. 56/1995 s. 25(a).

(c) the public generation company is liable to pay the fine as if it had committed and been convicted of the offence.

S. 153I inserted by No. 110/1994 s. 25.

153I GV instruments

Each GV instrument relating to former GV property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to GV were a reference to the company transferee.

S. 153J inserted by No. 110/1994 s. 25.

153J Proceedings

If, immediately before the relevant date, proceedings relating to former GV property (including arbitration proceedings) to which GV was a party were pending or existing in any court or tribunal, then, on and after that date, the company transferee is substituted for GV as a party to the proceedings and has the same rights in the proceedings as GV had.

S. 153K inserted by No. 110/1994 s. 25.

153K Interests in land

Without prejudice to the generality of this Act and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, GV is, in relation to former GV property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—

(b) the company transferee has the same rights and remedies in respect of that interest as GV had.

S. 153L inserted by No. 110/1994 s. 25.

153L Amendment of Register

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument and certificate of the Administrator, must make any amendments in the Register that are necessary because of the operation of this Part.

S. 153L(1A) inserted by No. 10/1998
s. 7(4).

(1A) Despite subsection (1), it is not necessary to produce a certificate of title in the case of a request for amendment to the Register in relation to transferred property that is an easement registered under the Transfer of Land Act 1958.

S. 153L(2)(3) repealed by No. 85/1998 s. 24(Sch. item 20.5).

S. 153M inserted by No. 110/1994 s. 25.

153M Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of GV to a company transferee.

S. 153N inserted by No. 110/1994 s. 25.

153N Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of GV in relation to former GV property if this Part had not been enacted, is admissible for or against the interests of the company transferee.

S. 153N(2) amended by No. 69/2009 s. 54(Sch. Pt 1 item 19.5).

(2) The Evidence Act 2008 applies with respect to the books of account of GV and to entries made in those books of account—before the relevant date, whether or not they relate to former GV property, as if those books of account and entries were business records.

S. 153N(3) repealed by No. 69/2009 s. 54(Sch. Pt 1 item 19.8).

S. 153O inserted by No. 110/1994 s. 25.

153O Validity of things done under this Part

(1) Nothing effected by this Part or done or suffered under this Part—

(a) is to be regarded as placing GV, the State, a Minister, a generation company, SEC or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b) is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any provision in any agreement, arrangement or understanding including, without limiting the generality of the foregoing, any provision prohibiting, restricting or regulating the assignment or transfer of any property or the disclosure of any information; or

(c) is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or

S. 153O(2) amended by No. 11/2024 s. 63.

(2) The validity of any act or transaction of GV or the Administrator must not be called in question in any proceedings on the ground that any provision of this Act or the Former SEC (Residual Provisions) Act 1958 had not been complied with.

Pt 11A Div. 4 (Heading and s. 153P) inserted by No. 110/1994 s. 25, repealed by No. 10/1998 s. 8(b).

S. 153Q inserted by No. 110/1994 s. 25.

153Q List of GV staff

(1) Before the relevant date, GV must prepare and submit to the Minister and Treasurer a document signed by the chief executive officer listing officers and employees of GV and specifying, in respect of each such officer or employee, the generation company, SEC or other person by which he or she is to be regarded as having been employed by virtue of section 153R with effect from the relevant date.

(2) The document may be amended—

(a) before the commencement of section 5 of the Electricity Industry (Further Amendment) Act 1994, by instrument signed by the chief executive officer and given to the Minister and Treasurer;

(b) on or after that commencement, by instrument signed by the Administrator and given to the Minister and Treasurer—

and the amendment is to be regarded as having effect, or having had effect, from the relevant date.

(3) Nothing in this section prevents a person listed in the document as an officer or employee of GV from resigning or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.

S. 153R inserted by No. 110/1994 s. 25.

153R Transfer of GV staff

(1) A person listed as an officer or employee of GV in a document under section 153Q who was such an officer or employee immediately before the relevant date is to be regarded as—

(b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of GV; and

(c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the person had accrued, as an officer or employee of GV, immediately before the relevant date.

(2) The service of a transferred GV employee as an employee of the new employer is to be regarded for all purposes as having been continuous with the service of the employee, immediately before the relevant date, as an officer or employee of GV.

(3) A transferred GV employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an officer or employee of GV because of this Act.

(4) A certificate purporting to be signed by the Administrator certifying that a person named in the certificate was with effect from the relevant date employed, by virtue of this section, by a generation company, SEC or other person named in the certificate is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.

S. 153S inserted by No. 110/1994 s. 25.