76Codes of Practice

76 Codes of Practice (1) On the day on which section 22 of the amending Act comes into operation, the following documents are taken to be a Code of Practice made under section 47(1)— (a) the document entitled "Code of Conduct for Marketing Retail Energy" published by the Commission in October 2004, as amended from time to time and in effect immediately before that day; (b) the document entitled "Electricity Customer Metering Code" published by the Commission on 13 October 2014, as amended from time to time and in effect immediately before that day; (c) the document entitled "Electricity Customer Transfer Code" published by the Commission on 13 October 2014, as amended from time to time and in effect immediately before that day; (d) the document entitled "Electricity Distribution Code" published by the Commission on 1 January 2006, as amended from time to time and in effect immediately before that day; (e) the document entitled "Electricity System Code" published by the Commission in October 2000, as amended from time to time and in effect immediately before that day; (f) the document entitled "Energy Retail Code" published by the Commission in August 2004, as amended from time to time and in effect immediately before that day; (g) the document entitled "Gas Distribution System Code" published by the Commission with effect on 1 July 1997, as amended from time to time and in effect immediately before that day; (h) the document entitled "Public Lighting Code" published by the Commission in December 2015, as amended from time to time and in effect immediately before that day. (2) For the purposes of section 47(4B), a Code of Practice referred to in subsection (1) is taken to have been made on the day on which section 22 of the amending Act comes into operation. (3) Despite section 50, a Code of Practice referred to in subsection (1) is revoked on 31 December 2025, unless it is revoked sooner. (4) Unless the context otherwise requires, on and after the day on which section 22 of the amending Act comes into operation, any reference in any document (however described) to a document referred to in subsection (1) is taken to be a reference to the Code of Practice that the document is taken to be under that subsection. (5) In this section— ***amending Act*** means the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**. New s. 77 inserted by No. 41/2021 s. 39, repealed by No. 62/2001 s. 77(10). New s. 78 inserted by No. 41/2021 s. 39, repealed by No. 62/2001 s. 78(8). New s. 79 inserted by No. 41/2021 s. 39, repealed by No. 62/2001 s. 79(8). New s. 80 inserted by No. 41/2021 s. 39, repealed by No. 62/2001 s. 80(6). Pt 9 (Heading and ss 70–76) amended by No. 11/2002 s. 3(Sch. 1 item 23), repealed by No. 75/2004 s. 5. Pts 10–15 (Headings and ss 77–96) repealed by No. 75/2004 s. 5. Endnotes 1 General information See [www.legislation.vic.gov.au](http://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: 23 August 2001* *Legislative Council: 9 October 2001* The long title for the Bill for this Act was "to establish the Essential Services Commission, to repeal the **Office of the Regulator-General Act 1994** and consequentially amend certain other Acts and for other purposes." **Constitution Act 1975:** *Section 85(5) statement:* *Legislative Assembly: 23 August 2001* *Legislative Council: 9 October 2001* *Absolute majorities:* *Legislative Assembly: 27 September 2001* *Legislative Council: 16 October 2001, 17 October 2001* The **Essential Services Commission Act 2001** was assented to on 23 October 2001 and came into operation on 1 January 2002: section 2. 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 **Essential Services Commission Act 2001** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Essential Services Commission Act 2001, No. 62/2001** | Assent Date: | 23.10.01 | | Commencement Date: | S. 47 on 1.1.02: s. 2; s. 80(6) inserted on 1.12.21 by No. 41/2021 s. 39: Special Gazette (No. 673) 30.11.21 p. 1; s. 77(10) inserted on 1.12.21 by No. 41/2021 s. 39: Special Gazette (No. 673) 30.11.21 p. 1; s. 78(8) inserted on 1.12.21 by No. 41/2021 s. 39: Special Gazette (No. 673) 30.11.21 p. 1; s. 79(8) inserted on 1.12.21 by No. 41/2021 s. 39: Special Gazette (No. 673) 30.11.21 p. 1; s. 66D inserted on 1.12.21 by No. 52/2021 s. 48: s. 2(1); ss 66B, 66C on 1.7.24: s. 66A | | Note: | S. 47 provided that Pt 6 (ss 47–52) expired on 31.12.07; s. 80(6) repealed s. 80 on 1.12.23; s. 66D repealed Pt 7D (ss 66A−66D) on 1.7.25; s. 77(10) repealed s. 77 on 31.12.25; s. 78(8) repealed s. 78 on 31.12.25; s. 79(8) repealed s. 79 on 31.12.25 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Statute Law (Further Revision) Act 2002, No. 11/2002** | Assent Date: | 23.4.02 | | Commencement Date: | S. 3(Sch. 1 item 23) on 23.10.01: s. 2(2)(d) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Transport (Further Miscellaneous Amendments) Act 2002, No. 32/2002** | Assent Date: | 12.6.02 | | Commencement Date: | S. 25 on 13.6.02: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002** | Assent Date: | 22.10.02 | | Commencement Date: | Ss 18–21 on 23.10.02: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003** | Assent Date: | 11.6.03 | | Commencement Date: | S. 23 on 12.6.03: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Water Legislation (Essential Services Commission and Other Amendments) Act 2003, No. 48/2003** | Assent Date: | 11.6.03 | | Commencement Date: | S. 11 on 1.1.04: Government Gazette 11.12.03 p. 3117 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Essential Services Commission (Amendment) Act 2004, No. 75/2004** | Assent Date: | 9.11.04 | | Commencement Date: | Ss 3–5 on 10.11.04: s. 2 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Electricity Industry (Wind Energy Development) Act 2004, No. 86/2004** | Assent Date: | 23.11.04 | | Commencement Date: | S. 5 on 24.11.04: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Energy Legislation (Amendment) Act 2004, No. 91/2004** | Assent Date: | 7.12.04 | | Commencement Date: | S. 26 on 8.12.04: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Public Administration Act 2004, No. 108/2004** | Assent Date: | 21.12.04 | | Commencement Date: | S. 117(1)(Sch. 3 item 70) on 5.4.05: Government Gazette 31.3.05 p. 602 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Victorian Renewable Energy Act 2006, No. 72/2006** | Assent Date: | 19.9.06 | | Commencement Date: | Ss 115–117 on 1.1.07: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006** | Assent Date: | 10.10.06 | | Commencement Date: | S. 26(Sch. item 35) on 11.10.06: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Victorian Energy Efficiency Target Act 2007, No. 70/2007** | Assent Date: | 11.12.07 | | Commencement Date: | Ss 77, 78 on 1.1.09: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Essential Services Commission Amendment Act 2008, No. 15/2008** | Assent Date: | 23.4.08 | | Commencement Date: | Ss 3–26 on 1.7.08: Government Gazette 26.6.08 p. 1388 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010) | Assent Date: | 2.3.10 | | Commencement Date: | S. 203(1)(Sch. 6 item 20) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Accident Towing Services Amendment Act 2011, No. 40/2011** | Assent Date: | 6.9.11 | | Commencement Date: | Ss 23, 24 on 7.9.11: s. 2 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Water Legislation Amendment (Water Infrastructure Charges) Act 2011, No. 63/2011** | Assent Date: | 15.11.11 | | Commencement Date: | Ss 7, 8 on 16.11.11: s. 2 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Fire Services Property Levy Act 2012, No. 58/2012** | Assent Date: | 16.10.12 | | Commencement Date: | Ss 92, 93 on 17.10.12: s. 2(1); ss 134, 135 on 31.12.16: s. 2(8) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Fire Services Levy Monitor Act 2012, No. 81/2012** | Assent Date: | 18.12.12 | | Commencement Date: | S. 113(1) on 19.12.12: s. 2(1); s. 113(2) on 30.12.14: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Transport Legislation Amendment (Foundation Taxi and Hire Car Reforms) Act 2013, No. 43/2013** | Assent Date: | 28.6.13 | | Commencement Date: | S. 31(1)(3)(4) on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1; s. 31(2) on 30.6.14: s. 2(4) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014** | *Assent Date:* | 27.6.14 | | *Commencement Date:* | S. 33(Sch. item 11) on 30.6.14: s. 2(5) | | *Current State:* | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Energy Legislation Amendment (Consumer Protection) Act 2015, No. 49/2015** | Assent Date: | 13.10.15 | | Commencement Date: | Ss 13–17 on 1.1.16: Special Gazette (No. 403) 15.12.15 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Local Government Amendment (Fair Go Rates) Act 2015, No. 65/2015** | Assent Date: | 1.12.15 | | Commencement Date: | Ss 10–12 on 2.12.15: s. 2 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Delivering Victorian Infrastructure (Port of Melbourne Lease Transaction) Act 2016, No. 10/2016** | Assent Date: | 22.3.16 | | Commencement Date: | Ss 168–171 on 7.6.16: Special Gazette (No. 177) 7.6.16 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017** | Assent Date: | 19.12.17 | | Commencement Date: | S. 21(Sch. 1 item 4) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Energy Legislation Amendment (Victorian Default Offer) Act 2019, No. 6/2019** | Assent Date: | 26.3.19 | | Commencement Date: | Ss 6–8 on 27.3.19: s. 2 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019, No. 21/2019** | Assent Date: | 20.8.19 | | Commencement Date: | Ss 4–20 on 6.12.19: Special Gazette (No. 496) 3.12.19 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | Commencement Date: | Ss 387, 390(Sch. 1 item 36) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021** | Assent Date: | 23.3.21 | | Commencement Date: | S. 197 on 26.4.21: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021** (as amended by No. 41/2021) | Assent Date: | 10.8.21 | | Commencement Date: | S. 32 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Energy Legislation Amendment Act 2021, No. 33/2021** (as amended by No. 41/2021) | Assent Date: | 14.9.21 | | Commencement Date: | S. 7 on 1.6.22: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021** | Assent Date: | 19.10.21 | | Commencement Date: | Ss 4–39 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021, No. 52/2021** | Assent Date: | 30.11.21 | | Commencement Date: | S. 48 on 1.12.21: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022** | Assent Date: | 29.3.22 | | *Commencement Date:* | S. 77 on 30.3.22: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **State Taxation and Treasury Legislation Amendment Act 2022, No. 23/2022** | Assent Date: | 15.6.22 | | Commencement Date: | Ss 13–16 on 1.7.22: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022** | Assent Date: | 9.8.22 | | Commencement Date: | S. 42(2) on 10.8.22: s. 2(3); s. 42(1) on 20.6.23: s. 2(5) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Victorian Energy Efficiency Target Amendment Act 2022, No. 34/2022** | Assent Date: | 23.8.22 | | Commencement Date: | S. 68 on 1.7.23: Special Gazette (No. 333) 27.6.23 p. 1 | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023, No. 12/2023** | Assent Date: | 6.6.23 | | Commencement Date: | Ss 11–13 on 7.6.23: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Regulatory Legislation Amendment (Reform) Act 2024, No. 6/2024** | Assent Date: | 5.3.24 | | Commencement Date: | Ss 23−29 on 6.3.24: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | **Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025** | Assent Date: | 20.5.25 | | Commencement Date: | S. 40 on 21.5.25: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Essential Services Commission Act 2001** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.