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Essential Services Commission Act 2001
10Functions of the Commission
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10 Functions of the Commission
The functions of the Commission are—
(a) to perform such functions as are conferred by this Act and the relevant legislation under which a regulated industry operates;
(b) to advise the Minister on matters relating to the economic regulation of regulated industries, including reliability issues;
(c) when requested by the Minister to do so, to conduct an inquiry into any systemic reliability of supply issues related to a regulated industry or other essential service specified by the Minister in the request;
(d) to conduct inquiries and report under Part 5 on matters relating to regulated industries;
S. 10(da) inserted by No. 41/2021 s. 11.
(da) to make, amend and revoke Codes of Practice under Part 6;
(e) to make recommendations to the Minister as to whether an industry which provides an essential service should become a regulated industry or whether a regulated industry should continue to be a regulated industry;
(f) to conduct public education programs—
(i) for the purpose of promoting its objectives under this Act and the relevant legislation; and
(ii) in relation to significant changes in the regulation of a regulated industry;
(g) to advise the Minister in relation to any other matter referred to the Commission by the Minister;
S. 10(h) amended by No. 32/2002 s. 25(a).
(h) to administer this Act;
S. 10(i) inserted by No. 32/2002 s. 25(b), amended by Nos 72/2006 s. 115(a), 6/2010 s. 203(1)(Sch. 6 item 20) (as amended by No. 45/2010 s. 22), 21/2019 s. 15.
(i) to perform the functions conferred on the Commission by the **Commercial Passenger Vehicle Industry Act 2017**;
S. 10(j) inserted by No. 72/2006 s. 115(b), amended by No. 70/2007 s. 77(a).
(j) to perform the functions conferred on the Commission by the **Victorian Renewable Energy Act 2006**;
S. 10(k) inserted by No. 70/2007 s. 77(b), amended by No. 40/2011 s. 23(1).
(k) to perform the functions conferred on the Commission by the **Victorian Energy Efficiency Target Act 2007**;
S. 10(ka) inserted by No. 65/2015 s. 11, amended by No. 30/2022 s. 42(1).
(ka) to perform the functions conferred on the Commission by Part 8 or 8A of the **Local Government Act 1989**;
S. 10(kb) inserted by No. 9/2020 s. 387, repealed by No. 30/2022 s. 42(2).
S. 10(l) inserted by No. 40/2011 s. 23(2), amended by Nos 62/2001 s. 66B(a), 63/2011 s. 7(a).
(l) to perform the functions conferred on the Commission by the **Accident Towing Services Act 2007**.
S. 10(la) inserted by No. 58/2012 s. 92,
repealed by No. 58/2012 s. 134.
S. 10(lb) inserted by No. 81/2012 s. 113(1), repealed by No. 81/2012 s. 113(2).
S. 10(m) inserted by No. 63/2011 s. 7(b), repealed by No. 62/2001 s. 66B(b).
S. 10AAA inserted by No. 21/2019 s. 14.
10AAA Reporting on regulated industry market structure and performance
Without limiting section 10 but subject to this Act and any empowering instrument, the Commission may publicly report on the market structure and performance of a regulated industry.
S. 10AA inserted by No. 49/2015 s. 14, substituted by No. 41/2021 s. 7.
10AA Commission's functions in relation to compliance and enforcement
Without limiting section 10 or relevant legislation, the functions of the Commission include—
(a) to monitor and report on compliance by persons with this Act, relevant legislation in respect of which the Commission has powers or functions and civil penalty requirements; and
(b) to investigate contraventions or possible contraventions by persons of this Act, relevant legislation in respect of which the Commission has powers or functions and civil penalty requirements; and
(c) to commence and conduct proceedings in relation to contraventions by persons of this Act, relevant legislation in respect of which the Commission has powers or functions and civil penalty requirements.
S. 10AAB inserted by No. 6/2019 s. 7.
10AAB Commission's functions in relation to the retail energy market
Without limiting section 10(a), the **Electricity Industry Act 2000** or the **Gas Industry Act 2001**, the functions oftheCommission under this Act includetomonitor and report on the competitiveness and efficiency of the Victorian retail markets for electricity andgas.
S. 10A inserted by No. 49/2002 s. 20, repealed by No. 15/2008 s. 6(1), new s. 10A inserted by No. 63/2011 s. 8, amended by No. 41/2021 s. 12, repealed by No. 62/2001 s. 66C.
S. 10B inserted by No. 49/2002 s. 20, repealed by No. 15/2008 s. 6(1).
S. 10C inserted by No. 72/2006 s. 116, amended by No. 41/2021 s. 13.