3Definitions

3 Definitions In this Act— S. 3 def. of *annual turnover* inserted by No. 41/2021 s. 6(1). ***annual turnover*** has the same meaning as in section 2(1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; S. 3 def. of *appeal* repealed by No. 21/2019 s. 4(b). S. 3 def. of *appeal panel* repealed by No. 21/2019 s. 4(b). S. 3 def. of *application* inserted by No. 21/2019 s. 4(a). ***application*** means an application under section 55; ***Chairperson*** means the Commissioner appointed as Chairperson under section 18; S. 3 def. of *civil penalty order* inserted by No. 41/2021 s. 6(1). ***civil penalty order*** means an order made under section 54(1); S. 3 def. of *civil penalty requirement* inserted by No. 41/2021 s. 6(1), amended by No. 6/2024 s. 23(a). ***civil penalty requirement*** means any of the following— (a) a determination made by the Commission under— (i) this Act; or (ii) relevant legislation (other than a determination made under Division 1A or 3 of Part 6 of the **Commercial Passenger Vehicle Industry Act 2017**); (b) a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing under relevant legislation; (c) a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing by reason of an Order made under section 4; (d) a provision of a Code of Practice that is— (i) prescribed as a civil penalty requirement; or (ii) specified in the Code of Practice as a civil penalty requirement; (e) a provision of this Act that is— (i) specified by this Act as a civil penalty requirement; or (ii) prescribed as a civil penalty requirement; (f) a provision of relevant legislation (other than a provision that includes a statutory condition) that is— (i) specified by the relevant legislation as a civil penalty requirement for the purposes of this Act; or (ii) prescribed in regulations made under the relevant legislation as a civil penalty requirement for the purposes of this Act; (g) the following Orders— (i) an Order made under section 13(1), 17, 40D(1) or 40E(1) of the **Electricity Industry Act 2000**; (ii) the Wimmera and Colac Tariff Order within the meaning of section 20 of the **Gas Industry Act 2001**; (iii) an Order made under section 21(1), 24, 48C(1) or 48D(1) of the **Gas Industry Act 2001**; S. 3 def. of *Code of Practice* inserted by No. 49/2015 s. 13. ***Code of Practice*** means a Code of Practice applying under Part 6 or relevant legislation; ***Commission*** means the Essential Services Commission established under section 7; S. 3 def. of *Commission port Pricing Order decision* inserted by No. 10/2016 s. 168(b). ***Commission port Pricing Order decision*** means a decision of the Commission made under a provision of a port Pricing Order that is prescribed; ***Commissioner*** means the Chairperson or an additional Commissioner appointed under section 21; S. 3 def. of *compliance notice* inserted by No. 41/2021 s. 6(1). ***compliance notice*** means a notice under section 54ZG; S. 3 def. of *computer* inserted by No. 41/2021 s. 4. ***computer*** means any electronic device for storing or processing information; S. 3 def. of *conduct* inserted by No. 41/2021 s. 6(1). ***conduct***, in relation to a contravention, includes a refusal or failure to do something; S. 3 def. of *contravention order* inserted by No. 41/2021 s. 6(1). ***contravention order*** means an order made under section 53(1) or (2); S. 3 def. of *Council* inserted by No. 65/2015 s. 10, amended by No. 9/2020 s. 390(Sch. 1 item 36). ***Council*** has the same meaning as in the **Local Government Act 2020**; S. 3 def. of *empowering instrument* amended by Nos 48/2003 s. 11(1), 86/2004 s. 5, 10/2016 s. 168(a), 6/2019 s. 6. ***empowering instrument*** means— (a) the relevant legislation; or (b) an Order made under section 4; or (c) the Tariff Order; or (ca) any Order made under section 21 of the **Gas Industry Act 2001**; or (d) any Order made under Division 2 or 2A of Part 2 of the **Electricity Industry Act 2000**; or (e) a Water Industry Regulatory Order made under Part 1A of the **Water Industry Act 1994**; or (f) a port Pricing Order; S. 3 def. of *energy licence* inserted by No. 49/2015 s. 13. ***energy licence*** means— (a) a licence issued under Part 2 of the **Electricity Industry Act 2000**; or (b) a licence issued under Part 3 of the **Gas Industry Act 2001**; S. 3 def. of *energy licensee* inserted by No. 49/2015 s. 13. ***energy licensee*** means the holder of an energy licence; S. 3 def. of *energy retailer* inserted by No. 49/2015 s. 13. ***energy retailer*** means— (a) a retailer within the meaning of the **Electricity Industry Act 2000**; or (b) a gas retailer within the meaning of the **Gas Industry Act 2001**; S. 3 def. of *enforceable undertaking* inserted by No. 41/2021 s. 6(1). ***enforceable undertaking*** means an undertaking given under section 54ZD; S. 3 def. of *enforcement action* inserted by No. 49/2015 s. 13, repealed by No. 41/2021 s. 6(3). S. 3 def. of *essential service* amended by Nos 43/2013 s. 31(1)(2), 63/2017 s. 21(Sch. 1 item 4.1), 34/2022 s. 68. ***essential service*** means a service (including the supply of goods) provided by— (a) the electricity industry; (b) the gas industry; (c) the ports industry; (d) the grain handling industry; (e) the rail industry; (f) the water industry; (fa) the non-cash payment transaction industry; (fb) the commercial passenger vehicle industry in relation to applicable unbooked services within the meaning of Division 1A of Part 6 of the **Commercial Passenger Vehicle Industry Act 2017**; (fc) the VEET scheme within the meaning of the **Victorian Energy Efficiency Target Act 2007**; (g) any other industry prescribed for the purpose of this definition; S. 3 def. of *Essential Services Commission Enforcement Fund* inserted by No. 41/2021 s. 6(1). ***Essential Services Commission Enforcement Fund*** means the fund established by section 54ZP; S. 3 def. of *Essential Services Commission Operating Fund* inserted by No. 41/2021 s. 6(1). ***Essential Services Commission Operating Fund*** means the fund established by section 54ZT; S. 3 def. of *essential services requirement* inserted by No. 41/2021 s. 4. ***essential services requirement*** means any of the following— (a) a provision of this Act; (b) a provision of relevant legislation (other than a provision that includes a statutory condition) in respect of which the Commission has powers or functions; (c) a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing under relevant legislation; (d) a condition, including a statutory condition, of a licence (other than a condition requiring compliance with a Code of Practice) issued to a regulated entity operating in a regulated industry that the Commission is responsible for licensing by reason of an Order made under section 4; (e) a provision of a Code of Practice; S. 3 def. of *information gathering notice* inserted by No. 41/2021 s. 4. ***information gathering notice*** means a notice under section 36(1) or 37(1); S. 3 def. of *inspector* inserted by No. 41/2021 s. 4. ***inspector*** means a person appointed under section 39M; S. 3 def. of *insurance* inserted by No. 49/2002 s. 19, S. 3 def. of *insurance business* inserted by No. 49/2002 s. 19, S. 3 def. of *insurance industry* inserted by No. 49/2002 s. 19, S. 3 def. of *monetary benefits* inserted by No. 41/2021 s. 6(1). ***monetary benefits*** means monetary, financial or economic benefits, including any monetary, financial or economic benefit a person acquires or accrues by avoiding or delaying the person's compliance with an information gathering notice, an enforceable undertaking or a civil penalty requirement to which the person's offence or contravention relates; S. 3 def. of *monetary benefits order* inserted by No. 41/2021 s. 6(1). ***monetary benefits order*** means an order made under section 54ZF or 61B; S. 3 def. of *non-cash payment transaction industry* inserted by No. 63/2017 s. 21(Sch. 1 item 4.2), amended by No. 21/2019 s. 19. ***non-cash payment transaction industry*** has the same meaning as in Division 3 of Part 6 of the **Commercial Passenger Vehicle Industry Act 2017**; S. 3 def. of *notice penalty* inserted by No. 41/2021 s. 6(1). ***notice penalty*** means a penalty set out in section 54T; S. 3 def. of *officer* inserted by No. 41/2021 s. 6(1). ***officer*** means an officer within the meaning of section 9 of the Corporations Act; ***Order*** means an Order of the Governor in Council published in the Government Gazette; S. 3 def. of *penalty notice* inserted by No. 41/2021 s. 6(1). ***penalty notice*** means a notice served under section 54S; S. 3 def. of *port Pricing Order* inserted by No. 10/2016 s. 168(b). ***port Pricing Order*** means an Order made under section 49A of the **Port Management Act 1995**; ***prescribed agency*** means a person, body or agency which is prescribed for the purposes of section 15; ***prescribed body*** means a person, body or agency which is prescribed for the purposes of section 16; S. 3 def. of *Register of Enforcement Action* inserted by No. 41/2021 s. 6(1). ***Register of Enforcement Action*** means the register established under section 54ZO(1); S. 3 def. of *Registrar* repealed by No. 21/2019 s. 4(b). S. 3 def. of *regulated entity* substituted by No. 41/2021 s. 6(2), amended by No. 33/2021 s. 7(ab) (as amended by No. 41/2021 s. 90). ***regulated entity***— (a) means an entity operating in a regulated industry; and (b) without limiting paragraph (a), includes— (i) a person who is exempt under section 17 of the **Electricity Industry Act 2000** from a requirement to hold a licence and who is required to comply with a Code of Practice as a condition of that exemption; and (ii) a person who is exempt under section 24 of the **Gas Industry Act 2001** from a requirement to hold a licence or obtain registration and who is required to comply with a Code of Practice as a condition of that exemption; and (iia) a person granted a trial waiver; and (iii) any other person or class of person prescribed as a regulated entity for Divisions 1 and 2 of Part 7 and section 54ZN for the purposes of this definition; ***regulated industry*** means an industry which provides an essential service and— (a) is operating under relevant legislation which is specified by the relevant legislation as a regulated industry; or (b) is declared by an Order under section 4 to be a regulated industry; ***relevant legislation*** means legislation which is specified by that legislation as being relevant legislation; S. 3 def. of *statutory condition* inserted by No. 41/2021 s. 6(1). ***statutory condition*** means— (a) a condition that is set out in relevant legislation which the relevant legislation states is included as a condition of a licence; and (b) a condition that is deemed or taken to be included as a condition of a licence under relevant legislation; **Example** For example, section 36A of the **Electricity Industry Act 2000** sets out a number of conditions to which a licence issued under that Act is subject. S. 3 def. of *statutory insurer* inserted by No. 49/2002 s. 19, S. 3 def. of *Tariff Order* amended by Nos 43/2013 s. 31(3), 63/2017 s. 21(Sch. 1 item 4.4), 33/2021 s. 7(a). ***Tariff Order*** has the same meaning as in the **Electricity Industry Act 2000**; S. 3 def. of *taxi non-cash payment transaction industry* inserted by No. 43/2013 s. 31(4), repealed by No. 63/2017 s. 21(Sch. 1 item 4.3). S. 3 def. of *trial waiver* inserted by No. 33/2021 s. 7(b), amended by No. 6/2024 s. 23(b). ***trial waiver*** means an exemption granted under section 54 of the **Electricity Industry Act 2000** or section 55 of the **Gas Industry Act 2001**.