141AAdditional powers in emergencies

141A Additional powers in emergencies

S. 141A(1) amended by Nos 39/2005 s. 48(Sch. 1 item 16), 4/2020 s. 14(1).

(1) In addition to the powers under section 141, the Chairperson of Energy Safe Victoria may do anything or give any direction that the Chairperson considers necessary to make an electricity emergency situation safe.

(2) A person must comply with a direction under this section that applies to the person.

1. In the case of a natural person, 500 penalty units or 5 years imprisonment or both;

In the case of a body corporate, 10 000 penalty units.

(3) An offence under subsection (2) is an indictable offence.

S. 141A(4) amended by Nos 39/2005 s. 48(Sch. 1 items 1, 16), 4/2020 s. 14(2).

(4) Energy Safe Victoria must include in its annual report for a financial year under Part 7 of the Financial Management Act 1994, a statement setting out details of each direction given by the Chairperson under this section during that financial year.

S. 141AB inserted by No. 55/2010 s. 33.

141AB Information notices

S. 141AB(1) amended by No. 18/2017 s. 5, substituted by No. 22/2023 s. 36.

(1) Energy Safe Victoria, by written notice, may require a person to give Energy Safe Victoria information in the person's possession or control that Energy Safe Victoria reasonably requires for the purpose of verifying—

(a) the performance of distribution companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10; or

(b) the performance of transmission companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10; or

(c) the performance of declared owners or operators in complying with Part 10.

(2) A notice under subsection (1) must—

(a) specify or describe the information that is required by Energy Safe Victoria; and

(b) specify the format in which that information is to be given to Energy Safe Victoria; and

(c) specify the date by which the information must be given to Energy Safe Victoria.

(3) A person who is given a notice under subsection (1) must comply with the notice unless the person has a lawful excuse.

In the case of a body corporate, 200 penalty units.

S. 141AB(4) amended by No. 4/2020 s. 19.

(4) A natural person cannot be compelled, by the giving of a notice under subsection (1), to give information if the information might tend to incriminate the person of an offence.

(5) This section does not require a person to give information that is the subject of legal professional privilege or client legal privilege.