Energy Safe Victoria Act 2005

Version No. 015

Energy Safe Victoria Act 2005

No. 39 of 2005

Version incorporating amendments as at
21 May 2025

table of provisions

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

Part 2—Victorian Energy Safety Commission 3

Division 1—Establishment, powers and functions 3

4 Establishment of the Victorian Energy Safety Commission 3

4A Official seal 3

5 Objectives of Energy Safe Victoria 4

6 Functions 4

7 Powers 4

7A Provision of information and assistance by Energy Safe Victoria to the AER 5

7B Use and disclosure of information by Energy Safe Victoria under Part 4 of the Electricity Safety Act 1998 6

8 Committees 7

9 Appointment of persons to assist Energy Safe Victoria 7

9A Functions, duties and powers of employees of Energy Safe Victoria under Commonwealth laws 8

10 Delegation 8

Division 1A—Constitution 9

10A Constitution of Energy Safe Victoria 9

10B Appointment of Commissioners 9

10C Duration of appointment as Commissioner 10

10D Terms and conditions of appointment as Commissioner 10

10E Appointment of Chairperson 10

10F Appointment of Deputy Chairperson 10

10G Vacancies and removal 11

10H Acting arrangements 12

10I Validity of acts and decisions 13

10J Commissioners protected from liability 13

Division 1B—Procedure 14

10K Meetings 14

10L Resolutions without meetings 15

10M Pecuniary interests of Commissioners 16

Division 2—Chief Executive Officer 17

11 Appointment of Chief Executive Officer 17

12 Function of Chief Executive Officer 17

13 Duration of appointment as Chief Executive Officer 17

14 Terms and conditions of appointment as Chief Executive Officer 18

15 Acting Chief Executive Officer 18

16 Validity of acts and decisions by Chief Executive Officer 19

17 Pecuniary interests of Chief Executive Officer 19

18 Protection from liability—Chief Executive Officer 20

Division 3—Corporate plan 20

19 Corporate plan 20

20 Statement of corporate intent: contents 22

21 Energy Safe Victoria to act in accordance with corporate plan 23

21A Annual updates to corporate plans 23

22 Nothing void merely because of non-compliance 24

Division 3A—Technical Advisory Committee 24

22A Minister must establish Technical Advisory Committee 24

22B Constitution of Technical Advisory Committee 24

22C Function of Technical Advisory Committee 25

22D Appointment of members of Technical Advisory Committee 25

22E Duration of appointment as committee member 26

22F Terms and conditions of appointment as committee member 26

Division 3B—Direction by the Minister 26

22G Minister may give directions to Energy Safe Victoria 26

22H Publication of directions 27

22I Directions to be summarised in annual report 27

Division 4—Financial provisions 27

23 Borrowing and investment by Energy Safe Victoria 27

24 General Account 28

Division 5—Confidentiality 28

25 Improper use of information 28

Division 5A—Other matters 30

25A Energy Safe Victoria must publish Charter 30

25B Memoranda of Understanding 30

Part 3—Inquiries and reports 32

26 Inquiry by Energy Safe Victoria 32

27 Minister may refer matter for inquiry 32

28 Notice of inquiry 33

29 Conduct of inquiry 34

30 Powers relating to inquiries 34

31 Reports 36

32 Special reports 37

Part 4—General 38

33 Regulations 38

Part 5—Transitional provisions 39

Division 1—Introductory 39

34 Definitions 39

Division 2—Office of the Chief Electrical Inspector 39

35 Abolition of OCEI 39

36 Staff 40

37 Superseded references to OCEI 41

38 Superseded references to chief electrical inspector 41

Division 3—Office of Gas Safety 42

39 Abolition of OGS 42

40 Staff 43

41 Superseded references to OGS 44

42 Superseded references to Director of Gas Safety 44

Part 6—Transitional provisions—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020 46

44 Definitions 46

45 Abolition of old body 47

46 Abolition of office of Director of Energy Safe Victoria 47

47 Superseded references 47

48 Staff 48

49 Outstanding statements and reports under Financial Management Act 1994 48

50 First new statements and reports under Financial Management Act 1994 50

Part 7—Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025 51

51 Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025 51

Endnotes 52

1 General information 52

2 Table of Amendments 54

3 Explanatory details 56

Version No. 015

Energy Safe Victoria Act 2005

No. 39 of 2005

Version incorporating amendments as at
21 May 2025

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

S. 1(a) amended by No. 4/2020 s. 20.

(a) to establish the Victorian Energy Safety Commission (which is also to be known as Energy Safe Victoria); and

(b) to abolish the Office of Gas Safety and the Office of the Chief Electrical Inspector; and

(c) to make consequential amendments to the Gas Safety Act 1997 and the Electricity Safety Act 1998 and other Acts.

2 Commencement

(1) Subject to subsection (3), this Act (except section 59) comes into operation on a day to be proclaimed.

(2) Section 59 is deemed to have come into operation on 23 November 2004.

(3) If a provision of this Act does not come into operation before 30 December 2005, it comes into operation on that day.

S. 3 substituted by No. 4/2020 s. 21.

3 Definitions

In this Act—

Chairperson means the Commissioner appointed as Chairperson of Energy Safe Victoria under section 10E;

Chief Executive Officer means the Chief Executive Officer of Energy Safe Victoria appointed under section 11;

Commissioner means a person appointed as a Commissioner of Energy Safe Victoria under section 10B;

Deputy Chairperson means the Commissioner appointed as Deputy Chairperson of Energy Safe Victoria under section 10F;

Energy Safe Victoria means the Victorian Energy Safety Commission established by section 4;

Technical Advisory Committee means the Committee established under section 22A.

Pt 2 (Heading) substituted by No. 4/2020 s. 22.

Part 2—Victorian Energy Safety Commission

Division 1—Establishment, powers and functions

S. 4 substituted by No. 4/2020 s. 23.

4 Establishment of the Victorian Energy Safety Commission

(1) The Victorian Energy Safety Commission is established.

(2) The Victorian Energy Safety Commission—

(a) is a body corporate with perpetual succession; and

(b) has an official seal; and

(c) may sue and be sued; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may by law do and suffer; and

(f) is also to be known as Energy Safe Victoria; and

(g) may be referred to as Energy Safe Victoria for any purpose.

S. 4A inserted by No. 4/2020 s. 23.

4A Official seal

(1) The official seal of Energy Safe Victoria—

(a) must be kept in custody as directed by Energy Safe Victoria; and

(b) must not be used except as authorised by Energy Safe Victoria.

(2) All courts must take judicial notice of the seal of Energy Safe Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

5 Objectives of Energy Safe Victoria

The objectives of Energy Safe Victoria are to perform its functions and exercise its powers in such a manner as it considers best achieves the objectives of Energy Safe Victoria specified in the Electricity Safety Act 1998 and the Gas Safety Act 1997 and any other Act.

6 Functions

The functions of Energy Safe Victoria are those conferred on it by—

(a) this Act and the regulations under this Act; and

(b) the Electricity Safety Act 1998 and the regulations under that Act; and

(c) the Gas Safety Act 1997 and the regulations under that Act; and

(d) any other Act or the regulations made under any other Act.

7 Powers

For the purpose of performing its functions, Energy Safe Victoria—

(a) has such powers as are conferred on it by this Act or any other Act or the regulations under this Act or any other Act; and

(b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its objectives or the performance of its functions.

S. 7A inserted by No. 35/2013 s. 13.

7A Provision of information and assistance by Energy Safe Victoria to the AER

(1) Despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), Energy Safe Victoria is authorised, on its own initiative or at the request of the AER, to provide the AER with such information (including information given in confidence) in the possession or control of Energy Safe Victoria that is reasonably required by the AER to perform a function or duty or exercise a power under the National Electricity (Victoria) Law or the National Gas (Victoria) Law.

(2) Nothing done, or authorised to be done, by Energy Safe Victoria in acting under subsection (1)—

(a) constitutes a breach of, or default under, an Act or other law; or

(b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

(c) constitutes a breach of a duty of confidence (whether arising by contract, in equity, by custom or in any other way); or

(d) constitutes a civil or criminal wrong; or

(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation or gives rise to any other right or remedy; or

(f) releases a surety or any other obligee wholly or in part from an obligation.

(3) In this section, AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth.

S. 7B inserted by No. 43/2018 s. 17.

7B Use and disclosure of information by Energy Safe Victoria under Part 4 of the Electricity Safety Act 1998

(1) Despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), Energy Safe Victoria is authorised, on its own initiative or at the request of a regulatory authority, to disclose information to a regulatory authority obtained in the course of carrying out a function under Part 4 of the Electricity Safety Act 1998 if—

(a) the disclosure is reasonably necessary to enable the regulatory authority to perform a function under a corresponding law; or

(b) the disclosure is authorised by the person to whom the information relates.

(2) Nothing done, or authorised to be done, by Energy Safe Victoria in acting under subsection (1)—

(a) constitutes a contravention of, or default under, an Act or other law; or

(b) constitutes a contravention of, or default under, a contract, agreement, understanding or undertaking; or

(c) constitutes a contravention of a duty of confidence (whether arising by contract, in equity, by custom or in any other way); or

(d) constitutes a civil or criminal wrong; or

(e) terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation or gives rise to any other right or remedy; or

(f) releases a surety or any other obligee wholly or in part from an obligation.

(3) In this section—

corresponding law has the same meaning as in section 50 of the Electricity Safety Act 1998;

regulatory authority has the same meaning as in section 50 of the Electricity Safety Act 1998.

8 Committees

(1) Energy Safe Victoria may establish such committees as it determines.

(2) A committee established under subsection (1) is to consist of—

(a) such employees of Energy Safe Victoria; and

(b) such other persons—

as Energy Safe Victoria determines.

(3) Energy Safe Victoria must appoint one of the members of the committee as chairperson.

(4) Except as otherwise provided by the regulations, the procedure of a committee is in its discretion.

9 Appointment of persons to assist Energy Safe Victoria

(1) Energy Safe Victoria may appoint or engage such employees or other persons as are necessary for the performance of its functions.

(2) The terms and conditions of appointment or engagement are as determined by Energy Safe Victoria.

S. 9A inserted by No. 51/2012 s. 12.

9A Functions, duties and powers of employees of Energy Safe Victoria under Commonwealth laws

Subject to the approval of the Minister and any conditions on that approval, an employee of Energy Safe Victoria may perform a function or duty, or exercise a power, under a law of the Commonwealth—

(a) related to the promotion of the development and adoption of products that—

(i) use less energy; or

(ii) produce fewer greenhouse gases; or

(iii) contribute to reducing the amount of energy used, or greenhouse gases produced, by other products; and

(b) that is specified in the approval.

S. 10 amended by No. 4/2020 s. 24(2) (ILA s. 39B(1)).

10 Delegation

(1) Energy Safe Victoria may, by instrument under its official seal, delegate any function or power of Energy Safe Victoria, other than this power of delegation, to—

S. 10(1)(a) substituted by No. 4/2020 s. 24(1).

(a) a Commissioner;

S. 10(1)(ab) inserted by No. 4/2020 s. 24(1).

(ab) the Chief Executive Officer;

S. 10(1)(ac) inserted by No. 4/2020 s. 24(1).

(ac) an employee of Energy Safe Victoria;

(b) a member of a committee appointed in accordance with this Part;

(c) with the consent of the Minister, another person.

S. 10(2) inserted by No. 4/2020 s. 24(2).

(2) The Chairperson may, by instrument, delegate any function or power of the Chairperson, other than this power of delegation, to—

(a) another Commissioner;

(b) the Chief Executive Officer;

(c) with the consent of the Minister, an employee of Energy Safe Victoria.

Pt 2 Div. 1A (Heading and ss 10A–10J) inserted by No. 4/2020 s. 25.

Division 1A—Constitution

S. 10A inserted by No. 4/2020 s. 25.

10A Constitution of Energy Safe Victoria

Energy Safe Victoria consists of—

(a) a Commissioner appointed as Chairperson; and

(b) a Commissioner appointed as Deputy Chairperson; and

(c) an additional Commissioner.

S. 10B inserted by No. 4/2020 s. 25.

10B Appointment of Commissioners

(1) The Governor in Council, on the recommendation of the Minister, may appoint a person (other than the Chief Executive Officer) as a Commissioner.

(2) In recommending a person for appointment as a Commissioner, the Minister must seek to ensure that collectively the Commissioners have skills, qualifications, knowledge and experience in the fields of—

(a) regulation; and

(b) economics; and

(c) law; and

(d) community safety.

S. 10C inserted by No. 4/2020 s. 25.

10C Duration of appointment as Commissioner

A Commissioner—

(a) holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and

(b) is not eligible to be appointed for more than 2 terms.

S. 10D inserted by No. 4/2020 s. 25.

10D Terms and conditions of appointment as Commissioner

(1) A Commissioner is appointed on the terms and conditions that are specified in the instrument of appointment.

(2) The instrument of appointment must specify—

(a) the remuneration and allowances of the Commissioner; and

(b) whether the Commissioner is appointed on a full-time or part-time basis.

S. 10E inserted by No. 4/2020 s. 25.

S. 10F inserted by No. 4/2020 s. 25.

10E Appointment of Chairperson

The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Chairperson of Energy Safe Victoria.

10F Appointment of Deputy Chairperson

The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Deputy Chairperson of Energy Safe Victoria.

S. 10G inserted by No. 4/2020 s. 25.

10G Vacancies and removal

(1) The office of a Commissioner becomes vacant if the Commissioner—

(a) becomes an insolvent under administration; or

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

(c) is removed from office under subsection (2); or

(d) resigns by notice in writing to the Minister.

(2) The Governor in Council, on the recommendation of the Minister, may remove a Commissioner from office.

(3) The Minister may recommend that the Governor in Council remove a Commissioner from office only if—

(a) the Commissioner is incapable of performing the Commissioner's functions or duties; or

(b) the Commissioner is negligent in performing the Commissioner's functions or duties; or

(c) the Commissioner engages in improper conduct in performing the Commissioner's functions or duties; or

(d) the Commissioner fails to disclose a pecuniary interest as required under section 10M; or

(e) the Commissioner is convicted or found guilty of an offence against—

(i) this Act; or

(ii) the Gas Safety Act 1997; or

(iii) the Electricity Safety Act 1998; or

(iv) the Pipelines Act 2005; or

(f) the Minister considers that the Commissioner is no longer suitable to hold office.

S. 10H inserted by No. 4/2020 s. 25.

10H Acting arrangements

(1) The Deputy Chairperson must act in the office of Chairperson during any period when—

(a) the Chairperson's office is vacant; or

(b) the Chairperson is absent; or

(c) for any other reason, the Chairperson is unable to perform the Chairperson's functions or duties.

(2) The Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of a Commissioner for a period not exceeding 6 months if—

(a) that Commissioner is absent; or

(b) for any other reason, that Commissioner is unable to perform that Commissioner's functions or duties.

(3) A person who is acting in an office under this section has all the functions, powers and duties of that office under this or any other Act.

(4) While the Deputy Chairperson is acting as Chairperson, the Deputy Chairperson is entitled to be paid—

(a) the remuneration and allowances to which the Chairperson would have been entitled under their instrument of appointment under section 10D; and

(b) not the remuneration and allowances to which the Deputy Chairperson would have been entitled under their instrument of appointment under section 10D.

(5) While a person is acting in the office of a Commissioner, the person is entitled to be paid the remuneration and allowances to which that Commissioner would have been entitled under their instrument of appointment under section 10D.

S. 10I inserted by No. 4/2020 s. 25.

10I Validity of acts and decisions

An act or decision of Energy Safe Victoria is not invalid merely because of—

(a) a vacancy in the office of a Commissioner at the time of the decision; or

(b) a defect or irregularity in, or in connection with, the appointment of a Commissioner or an acting Commissioner.

S. 10J inserted by No. 4/2020 s. 25.

10J Commissioners protected from liability

(1) A Commissioner is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function of Energy Safe Victoria; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of Energy Safe Victoria.

(2) Any liability resulting from an act or omission that, without subsection (1), would attach to the Commissioner attaches instead to Energy Safe Victoria.

Pt 2 Div. 1B (Heading and ss 10K–10M) inserted by No. 4/2020 s. 25.

Division 1B—Procedure

S. 10K inserted by No. 4/2020 s. 25.

10K Meetings

(1) The Chairperson must determine when Energy Safe Victoria meets.

(2) A meeting of Energy Safe Victoria may be conducted by—

(a) telephone; or

(b) audio visual link; or

(c) another means of communication that does not require the physical presence of each Commissioner in the same room.

(3) The quorum at a meeting is 2 Commissioners of whom one must be the Chairperson or the Deputy Chairperson.

(4) The Chairperson must preside at a meeting of Energy Safe Victoria in which the Chairperson is included.

(5) The Deputy Chairperson must preside at a meeting of Energy Safe Victoria in which the Chairperson is not included.

(6) A question arising at a meeting is determined by a majority of votes of the Commissioners.

(7) The person presiding at a meeting has a deliberative vote and, in the case of an equality of votes, a second or casting vote.

(8) The person presiding at a meeting must ensure that accurate minutes are kept.

(9) Subject to this Act, Energy Safe Victoria may regulate its own proceedings.

S. 10L inserted by No. 4/2020 s. 25.

10L Resolutions without meetings

(1) Energy Safe Victoria may, in accordance with this section, pass a resolution without a meeting.

(2) The Chairperson may propose a resolution by making reasonable efforts to give each other Commissioner a written notice setting out the proposed resolution.

(3) Energy Safe Victoria is taken to have passed a resolution proposed in a notice under subsection (2) if at least 2 Commissioners sign a document that—

(a) sets out the resolution; and

(b) states that the Commissioners signing the document are in favour of that resolution.

(4) It does not matter whether—

(a) there is only one document that is signed by the Commissioners; or

(b) different Commissioners sign different documents.

(5) The resolution is taken to have been passed on the day on which the second Commissioner signs a document under subsection (3).

(6) A Commissioner who has a pecuniary interest in a resolution proposed in a notice under subsection (2) must not sign a document under subsection (3) in respect of that resolution.

(7) Subsection (6) does not apply in relation to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

(8) If a Commissioner signs a document under subsection (3) in contravention of subsection (6), the Commissioner is taken to have validly signed the document for the purposes of determining whether at least 2 Commissioners have signed a document under subsection (3).

(9) The Chairperson must give each other Commissioner a copy of a resolution passed under this section as soon as practicable after it is passed.

(10) Energy Safe Victoria must keep a record of all resolutions passed under this section.

S. 10M inserted by No. 4/2020 s. 25.

10M Pecuniary interests of Commissioners

(1) If a Commissioner has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Commissioner must disclose the nature of that interest at a meeting of Energy Safe Victoria.

(2) If the Chairperson has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Chairperson must disclose the nature of that interest to the Minister.

(3) The Chairperson must cause a record of a disclosure made under subsection (1) or (2) to be made in the minutes of the meeting at which the disclosure is made or, in the case of a disclosure to the Minister, at the next meeting of Energy Safe Victoria.

(4) A Commissioner who has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria must not be present during any deliberation with respect to, or vote on, that matter.

(5) A failure to comply with this section does not affect the validity of a decision of Energy Safe Victoria.

(6) This section does not apply in relation to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

Pt 2 Div. 2 (Heading and ss 11–18) amended by Nos 80/2006 s. 26 (Sch. item 32), 55/2010 s. 45, substituted by No. 4/2020 s. 26.

Division 2—Chief Executive Officer

S. 11 substituted by No. 4/2020 s. 26.

11 Appointment of Chief Executive Officer

(1) Energy Safe Victoria may appoint a person (other than a Commissioner) as the Chief Executive Officer of Energy Safe Victoria.

(2) Before appointing a person as the Chief Executive Officer, Energy Safe Victoria must consult with the Minister.

(3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive Officer in respect of the office of Chief Executive Officer.

S. 12 substituted by No. 4/2020 s. 26.

12 Function of Chief Executive Officer

The Chief Executive Officer is responsible to Energy Safe Victoria for the day-to-day management and administration of the affairs of Energy Safe Victoria.

S. 13 substituted by No. 4/2020 s. 26.

13 Duration of appointment as Chief Executive Officer

The Chief Executive Officer—

(a) holds office for a term, not exceeding 5 years, specified in the instrument of appointment; and

(b) is eligible to be reappointed.

S. 14 substituted by No. 4/2020 s. 26.

14 Terms and conditions of appointment as Chief Executive Officer

(1) The Chief Executive Officer is appointed on the terms and conditions that are specified in the instrument of appointment.

(2) The instrument of appointment must specify the remuneration and allowances of the Chief Executive Officer.

S. 15 substituted by No. 4/2020 s. 26.

15 Acting Chief Executive Officer

(1) Energy Safe Victoria may appoint a person to act in the office of Chief Executive Officer if—

(a) the office of Chief Executive Officer is vacant; or

(b) the Chief Executive Officer is absent; or

(c) for any other reason, the Chief Executive Officer is unable to perform the Chief Executive Officer's functions or duties.

(2) A person who is acting in the office of Chief Executive Officer under this section has all the functions, powers and duties of that office under this or any other Act.

(3) A person appointed to act in the office of Chief Executive Officer under subsection (1)—

(a) is appointed for the period specified in the instrument of appointment; and

(b) is appointed on the terms and conditions (including remuneration and allowances), specified in the instrument of appointment; and

(c) is eligible to be reappointed.

(4) The period of appointment specified in the instrument of appointment must not exceed 6 months.

S. 16 substituted by No. 4/2020 s. 26.

16 Validity of acts and decisions by Chief Executive Officer

(1) An act or decision of the Chief Executive Officer is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Chief Executive Officer.

(2) Anything done by or in relation to a person purporting to act as Chief Executive Officer is not invalid merely because—

(a) the occasion for the appointment has not arisen; or

(b) there was a defect or irregularity in relation to the appointment; or

(c) the appointment has ceased to have effect; or

(d) the occasion for the person to act had not arisen or had ceased.

S. 17 substituted by No. 4/2020 s. 26.

17 Pecuniary interests of Chief Executive Officer

(1) If the Chief Executive Officer has a pecuniary interest in a matter that they are to consider, the Chief Executive Officer must disclose the nature of that interest to Energy Safe Victoria.

(2) Subsection (1) does not apply to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.

(3) A failure to comply with this section does not affect the validity of a decision of the Chief Executive Officer.

S. 18 substituted by No. 4/2020 s. 26.

18 Protection from liability—Chief Executive Officer

(1) The Chief Executive Officer is not personally liable for anything done or omitted to be done in good faith—

(a) in the exercise of a power or the performance of a function of the Chief Executive Officer; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of the Chief Executive Officer.

(2) Any liability resulting from an act or omission that, without subsection (1), would attach to the Chief Executive Officer attaches instead to Energy Safe Victoria.

Division 3—Corporate plan

19 Corporate plan

S. 19(1) amended by No. 13/2025 s. 92(1).

(1) Energy Safe Victoria must prepare a corporate plan every 3 years.

S. 19(2) substituted by No. 13/2025 s. 92(2).

(2) Energy Safe Victoria must submit a copy of the proposed plan to the Minister and the Treasurer—

(a) on or before 31 May in 2025 or any other day in 2025 specified by the Minister after consulting with Energy Safe Victoria; and

(b) on or before—

(i) 31 May in the year during which the 3‑year period after the lodging of the most recent corporate plan expires; or

(ii) any other day specified by the Minister after consulting with Energy Safe Victoria in the year in which the period described in subparagraph (i) expires.

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

(a) a statement of corporate intent in accordance with section 20;

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

S. 19(3)(c) amended by No. 13/2025 s. 92(3).

(c) financial statements containing such information as the Minister requires;

S. 19(3)(d) inserted by No. 13/2025 s. 92(4).

(d) any additional information required by the Minister.

(4) Energy Safe Victoria must consider any comments on the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.

(5) Energy Safe Victoria must—

(a) consult in good faith with the Minister following communication to it of the comments; and

(b) make such changes to the plan as are agreed between it and the Minister; and

S. 19(5)(c) amended by No. 13/2025 s. 92(5).

(c) deliver the completed plan to the Minister and the Treasurer within 3 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 Division without the prior approval of Energy Safe Victoria and the Minister.

(7) The plan may be modified at any time by Energy Safe Victoria with the agreement of the Minister.

(8) If Energy Safe Victoria, by written notice to the Minister, proposes a modification of the plan, Energy Safe Victoria may, within 14 days, make the modification unless the Minister, by written notice to Energy Safe Victoria, directs Energy Safe Victoria not to make it.

(9) The Minister may, from time to time, by written notice to Energy Safe Victoria, direct it 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 a direction under this section, the Minister must consult with Energy Safe Victoria as to the matters to be referred to in the notice.

(11) Energy Safe Victoria 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 Energy Safe Victoria are the statements and plan last completed, with any modifications or deletions made in accordance with this Division.

S. 20 amended by No. 13/2025 s. 93.

20 Statement of corporate intent: contents

Each statement of corporate intent must specify for Energy Safe Victoria, in respect of the financial years to which it relates, the following information—

(a) the objectives of Energy Safe Victoria;

(b) the nature and scope of the activities to be undertaken by Energy Safe Victoria;

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

(d) the performance targets and other measures by which the performance of Energy Safe Victoria may be judged in relation to its stated objectives;

(e) the kind of information to be provided to the Minister by Energy Safe Victoria during the course of those financial years;

(f) such other matters as may be agreed on by the Minister and Energy Safe Victoria from time to time.

21 Energy Safe Victoria to act in accordance with corporate plan

Energy Safe Victoria 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 Minister to do otherwise.

S. 21A inserted by No. 13/2025 s. 94.

21A Annual updates to corporate plans

(1) Energy Safe Victoria must give an annual update on the corporate plan to the Minister and the Treasurer on or before 31 May of—

(a) the year during which the 12‑month period beginning on the day on which a copy of that proposed plan is first submitted under section 19(2) expires; and

(b) the year during which the 24‑month period beginning on the day that proposed plan is first submitted expires.

(2) The annual update must include—

(a) any revised financial statements containing information that the Minister requires; and

(b) any other information that the Minister requires.

(3) An annual update, or any part of an annual update, must not be published or made available except for the purposes of this Division without the prior approval of Energy Safe Victoria and the Minister.

(4) The Minister may, at any time, by written notice to Energy Safe Victoria, direct Energy Safe Victoria to include in, or omit from, an annual update any specified material.

(5) Energy Safe Victoria may, with the agreement of the Minister, at any time modify an annual update.

22 Nothing void merely because of non-compliance

Nothing done by Energy Safe Victoria is void or unenforceable merely because Energy Safe Victoria has failed to comply with this Division.

Pt 2 Div. 3A (Heading and ss 22A–22F) inserted by No. 4/2020 s. 30.

Division 3A—Technical Advisory Committee

S. 22A inserted by No. 4/2020 s. 30.

22A Minister must establish Technical Advisory Committee

The Minister must—

(a) establish a Technical Advisory Committee; and

(b) determine the procedure of the Committee; and

(c) determine the Committee's terms of reference.

S. 22B inserted by No. 4/2020 s. 30.

22B Constitution of Technical Advisory Committee

The Technical Advisory Committee is to consist of the persons appointed by the Minister under section 22D.

S. 22C inserted by No. 4/2020 s. 30.

22C Function of Technical Advisory Committee

(1) The function of the Technical Advisory Committee is to provide advice to Energy Safe Victoria as described in this section.

(2) Subject to subsection (3), the Technical Advisory Committee—

(a) may provide advice to Energy Safe Victoria on its own initiative; and

(b) must provide advice to Energy Safe Victoria on request.

(3) The Technical Advisory Committee must not provide advice on a matter that—

(a) does not relate to Energy Safe Victoria's functions; and

(b) is not within the scope of the terms of reference determined under section 22A(c).

S. 22D inserted by No. 4/2020 s. 30.

22D Appointment of members of Technical Advisory Committee

(1) The Minister may appoint a person to be a member of the Technical Advisory Committee.

(2) In appointing a person, the Minister must seek to ensure that the membership of the Technical Advisory Committee includes members who are able to represent the interests of—

(a) the electricity industry; and

(b) the gas industry; and

(c) employees in those industries; and

(d) the Victorian community.

S. 22E inserted by No. 4/2020 s. 30.

22E Duration of appointment as committee member

A member of the Technical Advisory Committee—

(a) holds office for a term, not exceeding 3 years, specified in the instrument of appointment; and

(b) is eligible to be reappointed.

S. 22F inserted by No. 4/2020 s. 30.

22F Terms and conditions of appointment as committee member

(1) A member of the Technical Advisory Committee is appointed on the terms and conditions that are specified in the instrument of appointment.

(2) The instrument of appointment must specify—

(a) the remuneration and allowances of the member; and

(b) whether the member is appointed on a full‑time or part-time basis.

Pt 2 Div. 3B (Heading and ss 22G–22I) inserted by No. 4/2020 s. 31.

Division 3B—Direction by the Minister

S. 22G inserted by No. 4/2020 s. 31.

22G Minister may give directions to Energy Safe Victoria

(1) The Minister may notify Energy Safe Victoria that the Minister intends to give Energy Safe Victoria a direction under subsection (2) in respect of the exercise of its powers, or the performance of its functions, under—

(a) this Act; or

(b) the Gas Safety Act 1997; or

(c) the Electricity Safety Act 1998; or

(d) the Pipelines Act 2005.

(2) At least 14 days after notifying Energy Safe Victoria of a proposed direction, the Minister may give that direction to Energy Safe Victoria.

(3) The Minister must not give Energy Safe Victoria a direction under subsection (2) about—

(a) the taking of enforcement action by Energy Safe Victoria for a contravention of—

(i) an Act referred to in subsection (1); or

(ii) regulations made under any of those Acts; or

(b) any decision or action of Energy Safe Victoria in respect of a particular person or product, or particular equipment.

(4) Energy Safe Victoria must comply with a direction under subsection (2).

S. 22H inserted by No. 4/2020 s. 31.

22H Publication of directions

Energy Safe Victoria must publish on the Internet each direction given by the Minister under section 22G(2).

S. 22I inserted by No. 4/2020 s. 31.

22I Directions to be summarised in annual report

Energy Safe Victoria must include in its annual report under section 45 of the Financial Management Act 1994 a summary of each direction given by the Minister under section 22G(2) in the financial year to which that annual report relates.

Division 4—Financial provisions

23 Borrowing and investment by Energy Safe Victoria

Energy Safe Victoria has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

24 General Account

(1) Energy Safe Victoria must keep an account called the General Account.

(2) Energy Safe Victoria must ensure that there is paid into the General Account—

S. 24(2)(a) amended by No. 60/2006 s. 7.

(a) all money paid to it under section 8 of the Electricity Safety Act 1998 or section 11 of the Gas Safety Act 1997 or section 132A of the Pipelines Act 2005; and

(b) all fees and charges received or recovered under the Electricity Safety Act 1998 or the Gas Safety Act 1997; and

(c) all other money received by it or on its behalf.

(3) Energy Safe Victoria may pay money out of the General Account—

(a) to meet any costs or expenses incurred in carrying out its functions or powers;

S. 24(3)(b) substituted by No. 4/2020 s. 27.

(b) for the remuneration, allowances and expenses of—

(i) the Chief Executive Officer; and

(ii) any acting Chief Executive Officer; and

(iii) the employees of Energy Safe Victoria;

(c) for any other purpose authorised by this Act.

Division 5—Confidentiality

S. 25 substituted by No. 4/2020 s. 28.

25 Improper use of information

(1) This section applies to a person who is or has been—

(a) a Commissioner; or

(b) the Chief Executive Officer; or

(c) the chief electrical inspector within the meaning of Part 5; or

(d) the Director of Gas Safety within the meaning of Part 5; or

(e) an employee, agent or contractor of—

(i) Energy Safe Victoria; or

(ii) OCEI within the meaning of Part 5; or

(iii) OGS within the meaning of Part 5; or

(iv) the old body within the meaning of Part 6.

(2) A person specified in subsection (1) must not make improper use of any protected information to obtain, directly or indirectly, any pecuniary or other advantage for any person.

Penalty: 100 penalty units.

(3) In this section—

protected information, in relation to a person specified in subsection (1), means information that the person acquired in the course of the person's duties—

(a) as the holder of an office referred to in that subsection; or

(b) as an employee, agent or contractor referred to in that subsection.

Pt 2 Div. 5A (Heading and ss 19A, 19B) inserted by No. 55/2010 s. 46.

Division 5A—Other matters

S. 19A inserted by No. 55/2010 s. 46, renumbered as s. 25A by No. 29/2011 s. 3(Sch. 1 item 33.1).

25A Energy Safe Victoria must publish Charter

(1) Energy Safe Victoria must develop and publish a Charter of Consultation and Regulatory Practice including guidelines relating to the preparation of its corporate plan and conducting inquiries under Part 3.

(2) The Charter of Consultation and Regulatory Practice—

(a) must include such matters as are prescribed; and

(b) may include any other matters that Energy Safe Victoria considers appropriate.

(3) The Charter of Consultation and Regulatory Practice, or any part of the Charter, must not require or allow the public release of a draft of Energy Safe Victoria's corporate plan or a draft of a part of that plan without the prior approval of Energy Safe Victoria and the Minister.

S. 19B inserted by No. 55/2010 s. 46, renumbered as s. 25B by No. 29/2011 s. 3(Sch. 1 item 33.2).

25B Memoranda of Understanding

(1) In this section prescribed body means a person, body or agency which is prescribed for the purposes of this section.

(2) Energy Safe Victoria and a prescribed body must enter into a Memorandum of Understanding by a date determined by the Minister.

(3) A Memorandum of Understanding entered into under subsection (2)—

(a) must include such matters as are prescribed; and

(b) may include any other matters that the parties consider appropriate.

(4) Energy Safe Victoria must ensure that a Memorandum of Understanding entered into under subsection (2) is published—

(a) in the Government Gazette; and

(b) on the Internet.

Part 3—Inquiries and reports

26 Inquiry by Energy Safe Victoria

Energy Safe Victoria may, after consultation with the Minister, conduct an inquiry if it considers an inquiry is necessary or desirable for the purpose of carrying out its functions.

27 Minister may refer matter for inquiry

(1) Energy Safe Victoria must conduct an inquiry into any matter which the Minister by written notice refers to it under this Part.

(2) The written notice must specify the terms of reference for the inquiry.

(3) The Minister may—

(a) specify a period within which a report is to be submitted to the Minister;

(b) require Energy Safe Victoria to make a draft report publicly available or available to specified persons or bodies during the inquiry;

(c) require Energy Safe Victoria to consider specified matters;

(d) give Energy Safe Victoria specific directions in respect of the conduct of the inquiry.

(4) Energy Safe Victoria must report to the Minister on the results of any inquiry.

(5) The Minister may amend the terms of reference or extend the period within which a report is to be submitted to the Minister.

28 Notice of inquiry

(1) Energy Safe Victoria must, after notifying the Minister, publish notice of an inquiry—

(a) in the Government Gazette; and

(b) in a daily newspaper generally circulating in Victoria; and

(c) on the Internet.

(2) The notice must specify—

(a) the purpose of the inquiry;

(b) the period during which the inquiry is to be held;

(c) the period within which, and the form in which, members of the public may make submissions, including details of public hearings;

(d) the matters that Energy Safe Victoria would like submissions to deal with.

(3) If the inquiry relates to a matter referred to Energy Safe Victoria by the Minister, the notice must include the terms of reference and the matters specified in section 27(3).

(4) Energy Safe Victoria must publish a further notice if the Minister amends the terms of reference or extends the period within which the report is to be submitted to the Minister.

(5) Energy Safe Victoria must send a copy of any notice published under this section to any person or body that it considers should be notified.

29 Conduct of inquiry

(1) Subject to this Act, Energy Safe Victoria may conduct an inquiry in such a manner as it considers appropriate.

(2) In conducting an inquiry, Energy Safe Victoria is not bound by rules or practice as to evidence but may inform itself in relation to any matter in such manner as it considers appropriate.

(3) Energy Safe Victoria may receive written submissions or statements.

(4) Energy Safe Victoria—

(a) must hold at least one public hearing; and

(b) has a discretion as to whether any person may appear before Energy Safe Victoria in person or be represented by another person.

(5) Energy Safe Victoria may determine that a hearing or a part of a hearing be held in private if it is satisfied that—

(a) it would be in the public interest; or

(b) the evidence is of a confidential or commercially-sensitive nature.

(6) In conducting an inquiry Energy Safe Victoria may—

(a) consult with any person that it considers appropriate;

(b) hold public seminars and conduct workshops;

(c) establish working groups and task forces.

30 Powers relating to inquiries

(1) Energy Safe Victoria may serve upon any person a summons to—

(a) provide specified information; or

(b) produce specified documents; or

(c) appear before Energy Safe Victoria to give evidence.

(2) Energy Safe Victoria may make an order for the manner of service, including substituted service, of a summons under subsection (1).

(3) A person who without lawful excuse disobeys a summons of Energy Safe Victoria is guilty of an offence.

1. 60 penalty units.

(4) It is a lawful excuse for the purposes of subsection (3) that compliance may tend to incriminate that person or make that person liable to a penalty for any other offence.

(5) A person must not give information which the person knows is false or misleading to Energy Safe Victoria.

1. 120 penalty units or imprisonment for 6 months.

(6) A person must not—

(a) threaten, intimidate or coerce another person; or

(b) take, threaten to take, incite or be involved in any action that causes another person to suffer any loss, injury or disadvantage—

because that other person assisted, or intends to assist, any inquiry conducted by Energy Safe Victoria.

1. 120 penalty units.

(7) A person who, in good faith, makes a statement or gives a document or information to Energy Safe Victoria in connection with an inquiry under this Part is not liable in respect of loss, damage or injury of any kind suffered by another person because of the making of that statement or the giving of that document or information, whether or not the statement is made, or the document or information is given, in connection with a written submission or a public hearing.

31 Reports

(1) Energy Safe Victoria must submit a copy of its final report on an inquiry to the Minister.

(2) If, in the opinion of Energy Safe Victoria, a final report will contain confidential or commercially-sensitive information, Energy Safe Victoria must divide the report into—

(a) a document containing the confidential or commercially-sensitive information; and

(b) another document containing the rest of the report.

(3) If Energy Safe Victoria submits a final report to the Minister in the form required by subsection (2), a reference to the final report in subsections (4), (5) and (6) is to be read as a reference to the document described in subsection (2)(b).

(4) The Minister must cause a copy of the final report to be laid before each House of the Parliament within 7 sitting days of the House after receiving the final report.

(5) The Minister must, after the final report has been laid before each House of the Parliament, or if the Parliament is not sitting, within 30 days after receiving a final report, ensure that a copy of the final report is available for public inspection.

(6) After the Minister has made a final report publicly available, Energy Safe Victoria must ensure that copies are made publicly available.

32 Special reports

(1) If in the course of an inquiry Energy Safe Victoria considers that there is another matter on which it should report to the Minister, Energy Safe Victoria may do so, in the final report or in a special report.

(2) If Energy Safe Victoria prepares a special report, subsections (4), (5) and (6) of section 31 apply to the special report as if it were a final report.

Part 4—General

33 Regulations

The Governor in Council may make regulations for or with respect to prescribing any matter or thing authorised or required to be prescribed or necessary to be prescribed for the carrying of this Act into effect.

Part 5—Transitional provisions

Division 1—Introductory

34 Definitions

In this Part—

chief electrical inspector means the chief electrical inspector appointed under the Electricity Safety Act 1998;

commencement day means the date of commencement of this Part;

Director of Gas Safety means the Director of Gas Safety appointed under the Gas Safety Act 1997;

OCEI means the Office of the Chief Electrical Inspector established under the Electricity Safety Act 1998;

OGS means the Office of Gas Safety established under the Gas Safety Act 1997.

Division 2—Office of the Chief Electrical Inspector

35 Abolition of OCEI

On the commencement day—

(a) OCEI is abolished; and

(b) the chief electrical inspector goes out of office; and

(c) Energy Safe Victoria is the successor in law of OCEI; and

(d) all rights, assets, liabilities and obligations of OCEI immediately before its abolition become rights, assets, liabilities and obligations of Energy Safe Victoria; and

(e) all money standing to the credit of the General Account of OCEI under the Electricity Safety Act 1998 becomes money standing to the credit of the General Account of Energy Safe Victoria under this Act; and

(f) Energy Safe Victoria is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to OCEI; and

(g) Energy Safe Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to OCEI; and

(h) the Director may continue and complete any continuing matter or thing commenced by or against or in relation to the chief electrical inspector.

36 Staff

(1) On the commencement day the person who holds the office of the chief electrical inspector under the Electricity Safety Act 1998 immediately before that day is deemed to be an employee of Energy Safe Victoria, with the same accrued and accruing entitlements as applied to that person immediately before that day as the chief electrical inspector and on the terms and conditions determined by the Minister, unless that person is appointed as the Director of Energy Safety under Part 2 with effect from that day.

(2) On the commencement day any person who was an employee of OCEI immediately before that day is deemed to be an employee of Energy Safe Victoria on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before that day as an employee of OCEI.

(3) If subsection (2) applies to a person—

(a) the service of the person as an employee with Energy Safe Victoria is to be regarded for all purposes as having been continuous with the service of the employee with OCEI; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of OCEI.

(4) Nothing in this section prevents an employee of OCEI from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of his or her employment.

37 Superseded references to OCEI

On and from the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, a reference to OCEI is deemed to be a reference to Energy Safe Victoria so far as it relates to any period after the commencement day, unless the context otherwise requires.

38 Superseded references to chief electrical inspector

On and from the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, a reference to the chief electrical inspector is deemed to be a reference to the Director so far as it relates to any period after the commencement day, unless the context otherwise requires.

Division 3—Office of Gas Safety

39 Abolition of OGS

On the commencement day—

(a) OGS is abolished; and

(b) the Director of Gas Safety goes out of office; and

(c) Energy Safe Victoria is the successor in law of OGS; and

(d) all rights, assets, liabilities and obligations of OGS immediately before its abolition become rights, assets, liabilities and obligations of Energy Safe Victoria; and

(e) all moneys standing to the credit of the General Account of OGS under the Gas Safety Act 1997 become moneys standing to the credit of the General Account of Energy Safe Victoria under this Act; and

(f) Energy Safe Victoria is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to OGS; and

(g) Energy Safe Victoria may continue and complete any other continuing matter or thing commenced by or against or in relation to OGS; and

(h) the Director may continue and complete any continuing matter or thing commenced by or against or in relation to the Director of Gas Safety.

40 Staff

(1) On the commencement day the person who holds the office of the Director of Gas Safety under the Gas Safety Act 1997 immediately before that day is deemed to be an employee of Energy Safe Victoria, with the same accrued and accruing entitlements as applied to that person immediately before that day as the Director of Gas Safety and on the terms and conditions determined by the Minister, unless that person is appointed as the Director of Energy Safety under Part 2 with effect from that day.

(2) On the commencement day any person who was an employee of OGS immediately before that day is deemed to be an employee of Energy Safe Victoria on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before that day as an employee of OGS.

(3) If subsection (2) applies to a person—

(a) the service of the person as an employee with Energy Safe Victoria is to be regarded for all purposes as having been continuous with the service of the employee with OGS; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of OGS.

(4) Nothing in this section prevents an employee of OGS from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of his or her employment.

41 Superseded references to OGS

On and from the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, a reference to OGS is deemed to be a reference to Energy Safe Victoria so far as it relates to any period after the commencement day, unless the context otherwise requires.

42 Superseded references to Director of Gas Safety

On and from the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, a reference to the Director of Gas Safety is deemed to be a reference to the Director so far as it relates to any period after the commencement day, unless the context otherwise requires.

Pt 5 Div. 4 (Heading) repealed by No. 4/2020 s. 29(2).

---

S. 43 repealed by No. 4/2020 s. 29(1).

---

Pt 6 (Heading and ss 44–59) repealed by No. 28/2007 s. 3(Sch. item 21).

---

Sch. (Heading) repealed by No. 21/2015 s. 3(Sch. 1 item 18).

Schs 1, 2 repealed by No. 28/2007 s. 3(Sch. item 21).

---

Pt 6 (Heading and ss 44–50) inserted by No. 4/2020 s. 32.

Part 6—Transitional provisions—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020

S. 44 inserted by No. 4/2020 s. 32.

44 Definitions

In this Part—

accountable officer has the same meaning as in the Financial Management Act 1994;

commencement day means the date of commencement of this Part;

Director means the person who, immediately before the commencement day, held office as the Director of Energy Safe Victoria appointed under section 12 as in force at that time;

financial statements means financial statements under Part 7 of the Financial Management Act 1994;

new body means the body established by section 4 as substituted by section 23 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020;

old body means the body called Energy Safe Victoria established by section 4 as in force immediately before its substitution by section 23 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020;

report of operations means a report of operations under Part 7 of the Financial Management Act 1994.

S. 45 inserted by No. 4/2020 s. 32.

45 Abolition of old body

On the commencement day—

(a) the old body is abolished; and

(b) the new body is the successor in law to the old body; and

(c) all rights, assets, property, liabilities and obligations of the old body immediately before its abolition become rights, assets, property, liabilities and obligations of the new body; and

(d) the new body is substituted as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the old body; and

(e) the new body may continue and complete any other continuing matter or thing—

(i) commenced by or against or in relation to the old body; and

(ii) commenced by or against or in relation to the Director.

S. 46 inserted by No. 4/2020 s. 32.

46 Abolition of office of Director of Energy Safe Victoria

On the commencement day—

(a) the office of Director of Energy Safe Victoria is abolished; and

(b) the Director goes out of office.

S. 47 inserted by No. 4/2020 s. 32.

47 Superseded references

A reference in any Act (other than this Act), subordinate instrument, agreement, deed or other document to the old body (however described), or to the Director of Energy Safe Victoria (however described), must be construed as a reference to the new body—

(a) so far as the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

S. 48 inserted by No. 4/2020 s. 32.

48 Staff

(1) On the commencement day any person who was an employee of the old body immediately before that day is taken to be an employee of the new body on the same terms and conditions and with the same accrued and accruing entitlements as applied to that person immediately before that day as an employee of the old body.

(2) If subsection (1) applies to a person—

(a) the service of the person as an employee with the new body is to be regarded for all purposes as having been continuous with the service of the employee with the old body; and

(b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old body.

(3) Nothing in this section prevents an employee of the old body from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's employment.

S. 49 inserted by No. 4/2020 s. 32.

49 Outstanding statements and reports under Financial Management Act 1994

(1) The new body must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994, the report of operations for the old body's final financial year if the old body had not prepared that report before the commencement day.

(2) The new body's accountable officer must cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994, the financial statements for the old body's final financial year if the old body's accountable officer had not prepared those statements before the commencement day.

(3) The new body must, in accordance with Part 7 of the Financial Management Act 1994, submit the report of operations for the old body's final financial year if the old body had not submitted that report before the commencement day.

(4) If the new body is required to submit a report under subsection (3), the report must be submitted as soon as practicable after it has been prepared.

(5) The new body's accountable officer must, in accordance with Part 7 of the Financial Management Act 1994, submit the financial statements for the old body's final financial year if the old body's accountable officer had not submitted those statements before the commencement day.

(6) If the new body's accountable officer is required to submit statements under subsection (5), those statements must be submitted—

(a) within 8 weeks after the end of the old body's final financial year; or

(b) if that period has already elapsed, as soon as practicable after the statements have been prepared.

(7) The old body's final financial year is the period of 12 months ending at midnight on 30 June preceding the commencement day.

S. 50 inserted by No. 4/2020 s. 32.

50 First new statements and reports under Financial Management Act 1994

(1) If the commencement day is not 1 July 2020—

(a) the new body must incorporate into the new body's first report of operations the report of operations of the old body during the transitional reporting period; and

(b) the new body's accountable officer must incorporate into the new body's first financial statements the financial statements for the old body during the transitional reporting period.

(2) The transitional reporting period is the period—

(a) beginning 1 July preceding the commencement day; and

(b) ending on the commencement day.

Pt 7 (Heading and s. 51) inserted by No. 13/2025 s. 95.

Part 7—Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025

S. 51 inserted by No. 13/2025 s. 95.

51 Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025

(1) This section applies if Part 5 of the amending Act does not come into operation on or before 31 May 2025.

(2) On and from the commencement day, the corporate plan submitted most recently before the commencement day is taken to be the corporate plan submitted for the purposes of section 19(2)(a).

(3) In this section—

amending Act means the Energy and Land Legislation Amendment (Energy Safety) Act 2025;

commencement day means the day on which Part 5 of the amending Act comes into operation.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 May 2005

Legislative Council: 20 July 2005

The long title for the Bill for this Act was "to establish Energy Safe Victoria, to amend the Gas Safety Act 1997 and the Electricity Safety Act 1998 and other Acts and for other purposes."

The Energy Safe Victoria Act 2005 was assented to on 27 July 2005 and came into operation as follows:

Section 59 on 23 November 2004: section 2(2); rest of Act on 10 August 2005: Special Gazette (No. 147) 9 August 2005 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Energy Safe Victoria Act 2005 by Acts and subordinate instruments.

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Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Statute Law Revision Act 2007, No. 28/2007

Energy and Resources Legislation Amendment Act 2010, No. 55/2010

Statute Law Revision Act 2011, No. 29/2011

Energy Legislation Amendment Act 2012, No. 51/2012

Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013

Statute Law Revision Act 2015, No. 21/2015

Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018, No. 43/2018

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020

Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025

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3 Explanatory details

No entries at date of publication.