Former SEC (Residual Provisions) Act 1958

Version No. 107

Former SEC (Residual Provisions) Act 1958

No. 6377 of 1958

Version incorporating amendments as at
1 July 2024

table of provisions

Section Page

1 Short title and commencement 1

3 Definitions 2

3A Delegation by Minister 7

Part II—Functions and principal undertakings of the Minister 9

12A General functions and powers 9

12B Functions and powers in relation to gas 11

12C Functions and powers in relation to ports 12

24 Power to amend, vary or cancel encumbrances on Crown grant issued to former SEC 17

25 Leases and licences under Land Act 1958 18

Part VII—General financial provisions 23

85 Electricity, gas and port property of former SEC 25

Part IX—Supplementary 29

109 Schedule 6 incorporated 32

109A Uniform practice manuals 32

Part X—Transfer of property, rights and liabilities etc. of State Electricity Commission of Victoria to the State 35

112 Definitions 35

113 State Electricity Commission of Victoria abolished 35

114 Superseded references 36

115 Title to Act 37

116 Transfer subject to encumbrances 37

117 Interests in land 37

118 Easements 38

119 Action by Registrar of Titles 38

120 Money standing to the credit of certain funds transferred to the Consolidated Fund 38

121 Taxes 38

122 Evidence 39

Schedules 40

Sixth schedule––Business and rules 41

Endnotes 50

1 General information 50

2 Table of Amendments 52

3 Explanatory details 67

Version No. 107

Former SEC (Residual Provisions) Act 1958

No. 6377 of 1958

Version incorporating amendments as at
1 July 2024

An Act to consolidate and amend the Law relating to the State Electricity Commission of Victoria and the Powers and Duties thereof.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1
amended by Nos 8807 s. 3(1), 10001 s. 5, 10145 s. 10(a), 41/1987 s. 103(Sch. 4 item 61.1), 11/2024 s. 5.

1 Short title and commencement

This Act may be cited as the Former SEC (Residual Provisions) Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 2 repealed by No. 11/2024 s. 6.

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No. 3776 s. 3.

3 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of Administrator inserted by No. 130/1993 s. 99(a), amended by Nos 79/1995 s. 23(1), 69/2000 s. 39(a), repealed by No. 11/2024 s. 7(1)(c).

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S. 3(1) def. of Chairman repealed by No. 130/1993 s. 99(a).

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S. 3(1) def. of Commission repealed by No. 11/2024 s. 7(1)(c).

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S. 3(1) def. of Commiss-ioner substituted by No. 9853 s. 2, repealed by No. 130/1993 s. 99(a).

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S. 3(1) def. of chief electrical inspector inserted by No. 130/1993 s. 99(a), amended by Nos 48/1996
s. 21(a), 69/2000 s. 39(b), repealed by No. 39/2005 s. 58.

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S. 3(1) def. of council inserted by No. 12/1989 s. 4(1)(Sch. 2 item 112.1), amended by No. 9/2020 s. 390(Sch. 1 item 96).

council has the same meaning as in the Local Government Act 2020;

S. 3(1) def. of distribution company inserted by No. 53/1994 s. 26(1)(a), amended by No. 69/2000 s. 39(c).

distribution company has the same meaning as in the Electricity Industry Act 2000;

S. 3(1) def. of electricity corporation inserted by No. 130/1993 s. 99(b), amended by No. 53/1994 s. 26(1)(b)(i)(ii), substituted by No. 110/1994 s. 39(1), amended by No. 35/1997
s. 26(1), substituted by No. 69/2000 s. 39(d).

electricity corporation means VENCorp, a generation company, a transmission company or a distribution company within the meaning of the Electricity Industry Act 2000;

S. 3(1) def. of Electricity Fund inserted by No. 31/1995 s. 45.

Electricity Fund means the Fund established under section 83;

S. 3(1) def. of former SEC inserted by No. 11/2024 s. 7(1)(a).

former SEC means the State Electricity Commission of Victoria in existence immediately before the commencement of section 8 of the State Electricity Commission Amendment Act 2024;

S. 3(1) def. of gas company inserted by No. 31/1995 s. 45, substituted by No. 91/1997
s. 50, repealed by No. 32/2001 s. 39.

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S. 3(1) def. of Gas Fund inserted by No. 31/1995 s. 45.

Gas Fund means the Fund established under section 84;

S. 3(1) def. of generation company inserted by No. 110/1994 s. 39(1), amended by No. 69/2000 s. 39(e).

generation company has the same meaning as in the Electricity Industry Act 2000;

S. 3(1) def. of government department amended by Nos 7228 s. 7(Sch. 4 Pt 39(a)), 8353 s. 19, 9921 s. 255, 10081 s. 5(1), 41/1987 s. 103(Sch. 4 item 61.2), 44/1989 s. 41(Sch. 2 item 39.1(a)(b)), 50/1992 s. 10(Sch. item 10.1), 49/2019 s. 186(Sch. 4 item 38).

government department includes the Rural Water Corporation the Closer Settlement Board the Head, Transport for Victoria and the Director-General of Conservation, Forests and Lands;

land includes land and any easement right or privilege in over or affecting any land;

order means order within the meaning of the Electric Light and Power Act 1958 or any corresponding previous enactment;

Part means Part of this Act;

S. 3(1) def. of Ports Fund inserted by No. 63/1997
s. 11.

Ports Fund means the Fund established under section 84A;

prescribed means prescribed by this Act or any regulations or rules made under this Act;

S. 3(1) def of public generation company inserted by No. 35/1997
s. 26(2), amended by No. 69/2000 s. 39(f).

public generation company has the same meaning as in the Electricity Industry (Residual Provisions) Act 1993;

S. 3(1) def. of public transmission company inserted by No. 35/1997
s. 26(2), amended by No. 69/2000 s. 39(g).

public transmission company has the same meaning as in the Electricity Industry (Residual Provisions) Act 1993;

regulations means regulations made under this Act;

rules means rules made under this Act;

S. 3(1) def. of Rural Water Commission inserted by No. 10081 s. 5(1), repealed by No. 81/1989 s. 3(Sch. item 49.1) (as amended by No. 25/1991 s. 5(2)(b)).

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S. 3(1) def. of secretary repealed by No. 130/1993 s. 99(c).

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S. 3(1) def. of transmission company inserted by No. 35/1997
s. 26(2), amended by No. 69/2000 s. 39(h).

transmission company has the same meaning as in the Electricity Industry Act 2000;

S. 3(1) def. of undertaking amended by Nos 9923 s. 12(a), 53/1994 s. 26(1)(c), 11/2024 s. 7(1)(b).

undertaking of the former SEC or an electricity corporation means (with respect to an electrical undertaking) an undertaking approved by the Governor in Council for the erection construction and provision of works appliances and conveniences for the generation of electricity (whether by the use of coal water-power or otherwise, but not by the use of a nuclear power reactor) and for the reception storage distribution transmission use supply and sale of such electricity; and includes all buildings works mines open-cuts quarries water land machinery plant towers electric lines cables and appliances used for or in connexion with the undertaking;

undertaker means an undertaker within the meaning of the Electric Light and Power Act 1958 and, with respect to electric tramways, includes any person or body of persons corporate or unincorporate having the control and management of such tramways.

S. 3(2) amended by No. 11/2024 s. 7(2).

(2) The works and undertakings of the former SEC shall be deemed to include any works and undertakings from time to time constructed erected provided or maintained managed operated or carried on by the former SEC or vested in the former SEC, and, without affecting the generality of the foregoing, shall be deemed to include any works or undertakings declared to be vested or merged in or to form part of the works and undertakings of the former SEC by any Act repealed by this Act.

S. 3(3) repealed by No. 25/1998
s. 163(1)(a).

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S. 3(4) amended by No. 11/2024 s. 7(3).

(4) Any reference in any Act Order in Council regulation by-law deed contract instrument or document to the Electricity Commissioners or any like expression shall unless the context otherwise requires be deemed and taken to mean the former SEC.

S. 3A
inserted by No. 130/1993 s. 100.

3A Delegation by Minister

The Minister may, in writing, delegate to any person any function or power of the Minister under this Act, other than this power of delegation.

Pt 1 (Headings and ss 4–11) amended by Nos 6624 s. 11, 7054 s. 9, 7303 s. 2, 7356 s. 9(1), 7581 s. 12, 7954 s. 10, 8082 s. 3(7), 9427 s. 3(Sch. 2 item 14), 9853 s. 3, 10145
ss 11–13, 33/1986 ss 5, 6, 50/1988 s. 93(2)(Sch. 2 Pt 2 item 51), 130/1993 s. 101(1)(2)
(a)–(d), 53/1994 s. 27, 56/1995 s. 53(1)(a), repealed by No. 11/2024 s. 8.

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Pt 2 (Heading) amended by No. 11/2024 s. 9.

Part II—Functions and principal undertakings of the Minister

S. 12 substituted by No. 9853 s. 4, repealed by No. 130/1993 s. 101(2)(e).

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S. 12A inserted by No. 9853 s. 4, amended by Nos 9923 s. 12(b)(i)(ii), 33/1986 s. 7(a), 35/1992 s. 39, 130/1993 s. 101(2)
(f)–(h), 53/1994
ss 26(2), 28(1)(a), 110/1994 s. 39(2)(a), substituted by No. 31/1995 s. 46.

12A General functions and powers

S. 12A(1) amended by No. 11/2024 s. 10(1)(a).

(1) The general functions of the Minister are—

S. 12A(1)(a) amended by No. 11/2024 s. 10(1)(b).

(a) to carry out the functions conferred on the former SEC by the Loy Yang B Act 1992;

S. 12A(1)(b) amended by Nos 69/2000 s. 40(a), 11/2024 s. 10(1)(c).

(b) to carry out the functions conferred on the former SEC by an agreement, contract or document referred to in Schedule 3 of the Electricity Industry (Residual Provisions) Act 1993;

S. 12A(1)(c) amended by Nos 69/2000 s. 40(b), 11/2024 s. 10(1)(d).

(c) to administer and deal with excluded property within the meaning of the Electricity Industry (Residual Provisions) Act 1993 and property and rights vested in, or liabilities acquired by, the former SEC under that Act;

S. 12A(1)(d) repealed by No. 11/2024 s. 10(2).

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S. 12A(1)(e) amended by Nos 63/1997 s. 12, 11/2024 s. 10(1)(e).

(e) to acquire or dispose of real or personal property, other than property forming part of the gas property referred to in section 85(2) or the port property referred to in section 85(3), whether or not for purposes connected with other functions referred to in this subsection;

S. 12A(1)(ea) inserted by No. 79/1995 s. 23(2), amended by No. 69/2000 s. 40(c), repealed by No. 11/2024 s. 10(2).

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S. 12A(1)(f) amended by No. 11/2024 s. 10(3).

(f) to carry out such other functions as are conferred on the former SEC by this or any other Act.

S. 12A(2) amended by No. 11/2024 s. 10(4).

(2) The Minister may do all things necessary or convenient to be done for, or in connection with, the performance of the Minister's functions under subsection (1).

S. 12A(3) amended by No. 11/2024 s. 10(5)(a).

(3) The Minister—

(a) may promote, form or participate in partnerships, trusts, unincorporated joint ventures and other arrangements for the carrying out of its functions and powers under this section; and

S. 12A(3)(b) amended by No. 11/2024 s. 10(5)(b).

(b) may facilitate and assist any person, joint venture, partnership, trust or body to perform any act that is consistent with, or conducive to, the fulfilment of the Minister's functions under subsection (1).

S. 12B inserted by No. 35/1992 s. 40, substituted by No. 31/1995 s. 46.

12B Functions and powers in relation to gas

S. 12B(1) amended by No. 11/2024 s. 11(1)(a).

(1) The functions of the Minister in relation to gas are—

S. 12B(1)(a) amended by No. 11/2024 s. 11(1)(b).

(a) to carry out the functions conferred on the former SEC by the Gas and Fuel Corporation (Repeal) Act 1995;

S. 12B(1)(b) amended by No. 11/2024 s. 11(1)(c).

(b) to administer and deal with property and rights vested in, or liabilities acquired by, the former SEC under the Gas and Fuel Corporation (Repeal) Act 1995;

S. 12B(1)(c) amended by No. 11/2024 s. 11(1)(d).

(c) to acquire and dispose of real or personal property relating to the Minister's functions under this section;

S. 12B(1)(d) amended by No. 11/2024 s. 11(1)(e).

(d) to carry out such other functions in relation to gas as are conferred on the former SEC by this or any other Act.

S. 12B(1)(e) inserted by No. 36/1997 s. 18, repealed by No. 11/2024 s. 11(1)(f).

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S. 12B(2) amended by No. 11/2024 s. 11(2).

(2) The Minister may do all things necessary or convenient to be done for, or in connection with, the performance of the Minister's functions under subsection (1).

S. 12B(3) amended by No. 11/2024 s. 11(3)(a).

(3) The Minister—

S. 12B(3)(a) amended by No. 11/2024 s. 11(3)(b).

(a) may promote, form or participate in partnerships, trusts, unincorporated joint ventures and other arrangements for the carrying out of the Minister's functions and powers under this section; and

S. 12B(3)(b) amended by No. 11/2024 s. 11(3)(c).

(b) may facilitate and assist any person, joint venture, partnership, trust or body to perform any act that is consistent with, or conducive to, the fulfilment of the Minister's functions under subsection (1).

S. 12C inserted by No. 63/1997
s. 13.

12C Functions and powers in relation to ports

S. 12C(1) amended by No. 11/2024 s. 12(1)(a).

(1) The functions of the Minister in relation to ports are—

S. 12C(1)(a) amended by Nos 45/2010 s. 55, 11/2024 s. 12(1)(b).

(a) to carry out the functions conferred on the former SEC by the Port Management Act 1995;

S. 12C(1)(b) amended by Nos 45/2010 s. 55, 11/2024 s. 12(1)(c).

(b) to administer and deal with property and rights vested in, or liabilities acquired by, the former SEC under the Port Management Act 1995;

S. 12C(1)(c) amended by No. 11/2024 s. 12(1)(d).

(c) to acquire and dispose of real or personal property relating to the Minister's functions under this section;

S. 12C(1)(d) amended by No. 11/2024 s. 12(1)(e).

(d) to carry out such other functions in relation to ports as are conferred on the former SEC by this or any other Act.

S. 12C(2) amended by No. 11/2024 s. 12(2).

(2) The Minister may do all things necessary or convenient to be done for, or in connection with, the performance of the Minister's functions under subsection (1).

S. 12C(3) amended by No. 11/2024 s. 12(3)(a).

(3) The Minister—

S. 12C(3)(a) amended by No. 11/2024 s. 12(3)(b).

(a) may promote, form or participate in partnerships, trusts, unincorporated joint ventures and other arrangements for the carrying out of the Minister's functions and powers under this section; and

S. 12C(3)(b) amended by No. 11/2024 s. 12(3)(c).

(b) may facilitate and assist any person, joint venture, partnership, trust or body to perform any act that is consistent with, or conducive to, the fulfilment of the Minister's functions under subsection (1).

S. 13 amended by No. 130/1993 s. 101(2)(i)(i)
(ii), repealed by No. 25/1998
s. 163(1)(b).

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S. 14
repealed by No. 130/1993 s. 101(2)(j).

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S. 15 amended by Nos 6549 s. 2, 8182 s. 2, 8329 s. 2, 8894 s. 2, 9011 s. 2, 130/1993 s. 101(2)(k), 48/1996 s. 20, repealed by No. 89/1998 s. 31.

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S. 15A inserted by No. 8328 s. 2, amended by Nos 130/1993 s. 101(2)(l)(i)
(ii), 53/1994 s. 28(1)(b)(c), repealed by No. 89/1998 s. 31.

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S. 16 amended by Nos 7207 s. 2(2), 9270 s. 2, 9921 s. 255, repealed by No. 89/1998 s. 31.

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S. 17
amended by Nos 8353 s. 19, 9427 s. 6(1)(Sch. 5 item 177), 9921 s. 255, 44/1989 s. 41(Sch. 2 item 39.2), repealed by No. 130/1993 s. 101(2)(m).

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S. 18 amended by Nos 8353 s. 19, 9921 s. 255, 44/1989 s. 41(Sch. 2 item 39.3), repealed by No. 11/2024 s. 13.

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S. 19 amended by Nos 10081 s. 5(1)(Sch.), 50/1992 s. 10 (Sch. items 10.2−10.4), 49/1994 s. 9(4), repealed by No. 11/2024 s. 13.

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S. 20
repealed by No. 9853 s. 5, new s. 20 inserted by No. 10145 s. 14, amended by No. 33/1986 s. 7(b), repealed by No. 11/2024 s. 13.

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S. 21 amended by Nos 9853 s. 6, 35/1992 s. 41, 53/1994 s. 28(1)(d), 25/2023 s. 7(Sch. 1 item 26.1), repealed by No. 11/2024 s. 13.

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S. 22 amended by Nos 7686 s. 2(a)(b), 33/1986 s. 7(c)(i)–(iii), 130/1993 s. 101(2)(n), repealed by No. 53/1994 s. 28(1)(e).

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S. 23 amended by No. 8377 s. 2, S.R. No. 189/1973 reg. 3, amended by Nos 8797 s. 3, 9270 s. 3, 9531 s. 2, 98/1986 s. 4(1), 121/1986 s. 112, 18/1989 s. 13(Sch. 2 item 86(a)), 130/1993 s. 101(2)(o), repealed by No. 11/2024 s. 14.

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No. 3776 s. 16(2).

S. 24 (Heading) inserted by No. 11/2024 s. 15(1).

S. 24 substituted by No. 8797 s. 4.

24 Power to amend, vary or cancel encumbrances on Crown grant issued to former SEC

(1) For any of the purposes of this Act the Governor in Council—

S. 24(1)(a) amended by Nos 9212 s. 2(2), 98/1986 s. 4(2)(a), 130/1993 s. 101(2)(p), 25/2023 s. 7(Sch. 1 item 26.2), repealed by No. 11/2024 s. 15(2)(a).

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S. 24(1)(b) amended by Nos 98/1986 s. 4(2)(b), 41/1987 s. 103(Sch. 4 item 61.3), 18/1989 s. 13(Sch. 2 item 86(b)(i)(ii)), 130/1993 s. 101(2)(p), 11/2024 s. 15(2)(b).

(b) may (notwithstanding anything in any Act) on the recommendation of the Minister for the time being administering the Conservation, Forests and Lands Act 1987 by Order amend vary or cancel any term covenant condition reservation restriction exception or power to which a Crown grant issued to the former SEC or an electricity corporation pursuant to this section or any corresponding previous enactment is subject or may amend, vary or cancel any term, covenant, condition, reservation, restriction, exception or power to which any land, in respect of which a folio of the Register is created, being a folio in which the former SEC or an electricity corporation is recorded as registered proprietor, is subject or may insert therein other terms covenants conditions reservations restrictions exceptions or powers in addition to or in substitution for any such terms covenants conditions reservations restrictions exceptions or powers as the Governor in Council thinks fit;

S. 24(2) substituted by No. 18/1989 s. 13(Sch. 2 item 86(c)).

(2) The Registrar of Titles must make any recordings in the Register that are necessary by reason of the operation of this section.

No. 3776 s. 17.

25 Leases and licences under Land Act 1958

S. 25(1) repealed by No. 81/1989 s. 3(Sch. item 49.2) (as amended by No. 25/1991 s. 5(2)(b)).

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S. 25(2) amended by Nos 130/1993 s. 101(2)(q), 11/2024 s. 16.

(2) Every lease or licence granted under Part VIII of the Land Act 1958 may contain such further covenants terms conditions and restrictions as the Governor in Council on the recommendation of the Minister or an electricity corporation thinks fit; and every such lease or licence and the lessee or licensee and the executors administrators and assigns of every such lessee or licensee shall be subject to any regulations made under this Act so far as the same are applicable.

S. 26 amended by Nos 6505 s. 2, 7228 s. 7(Sch. 4 Pt 39(b)), 121/1986 s. 112, 130/1993 s. 101(2)(r), repealed by No. 53/1994 s. 28(1)(f).

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S. 26A inserted by No. 130/1993 s. 102, amended by No. 56/1995 s. 53(1)(b), repealed by No. 89/1998 s. 31.

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Pt 3 (Heading and ss 27–40) amended by Nos 6505 s. 2, 6886 s. 3, 8377 s. 3(1)(a)(b), 8390 s. 2, 9121 s. 2, 9296
s. 3(a)(b), 45/1988
s. 7(a)(b), 12/1989
s. 4(1)(Sch. 2 items 112.2–112.5), 130/1993
s. 103(a)
(i)–(iv)(b)(i)(ii), repealed by No. 56/1995
s. 53(2).

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Pt 4
(Heading) amended by No. 12/1989
s. 4(1)(Sch. 2 item 112.6), repealed by No. 48/1996
s. 21(b).

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Ss 41, 42 repealed by No. 130/1993 s. 103(c).

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S. 43 amended by Nos 45/1988 s. 7(c), 12/1989 s. 4(1)(Sch. 2 items 112.7, 112.8), repealed by No. 130/1993 s. 103(c).

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S. 44
amended by Nos 9923 s. 12(c), 130/1993 s. 103(d), repealed by No. 53/1994 s. 28(1)(g).

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S. 45 amended by No. 6505 s. 2, S.R. No. 189/1973
reg. 4, Nos 12/1989 s. 4(1)(Sch. 2 items 112.9–112.16), 3/1992 s. 7(a)(b), repealed by No. 130/1993 s. 103(e).

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Pt 4A (Heading and ss 45A–45F) inserted by No. 45/1988 s. 4, amended by Nos 130/1993 s. 103(f)-(h), 53/1994 s. 28(1)(h)(i), 56/1995 s. 53(3)(a)(b), repealed by No. 25/1998 s. 163(1)(c).

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Pt 5
(Heading and ss 46–57) amended by Nos 6983 s. 2, 7686
s. 3(a)–(d), 7741 s. 2, 8377 s. 4(1)(2), 8797 s. 5(a)(b), 9121 ss 3–8, 9296 s. 4, 9531 s. 3, 33/1986 ss 4(a)–(c),
8–11, 98/1986 s. 6(a)(b), 45/1988 ss 5, 6, 7(d), 45/1990 s. 117, 3/1992 ss 3–6, 130/1993 ss 103(i)–(q), 104–106, 53/1994 s. 28(1)(j)–(l), 48/1996 s. 21(c), 35/1997 s. 26(4)(5)(a)(i) (ii), 46/1998 s. 7(Sch. 1), repealed by No. 25/1998 s. 163(1)(d).[1]

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Pt 5A (Heading and ss 57A–57I) inserted by No. 79/1995 s. 24, amended by Nos 48/1996 s. 21(d), 35/1997 s. 26(5)(b), repealed by No. 25/1998 s. 163(1)(e).

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Pt 6
(Heading and ss 58–78) repealed.[2],[3]

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Pt 6A (Heading and ss 66–79A) inserted by No. 10145 s. 4, amended by Nos 33/1986 ss 13, 14(1)(2), 15, 121/1986 s. 112, 12/1989 s. 4(1)(Sch. 2 items 112.21 (as amended by No. 13/1990 s. 38(2)(w)), 112.22 (as amended by No. 13/1990 s. 38(2)(x)), 112.23), 92/1990 s. 128(Sch. 1 item 27.1(a)–(e)), 35/1992 s. 42(1)(2), 130/1993 s. 109(a)–(n), 16/1995 s. 4(i), repealed by No. 56/1995 s. 54(1).

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Part VII—General financial provisions

S. 79
repealed by No. 9853 s. 7.

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S. 79B inserted by No. 13/1987 s. 25, repealed by No. 11/2024 s. 17.

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S. 80
repealed by No. 31/1994 s. 3(Sch. 1 item 52).

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S. 81 substituted by No. 9853 s. 8, amended by Nos 45/1988 s. 7(e)(i)(ii), 130/1993 s. 109(o)(p), repealed by No. 31/1994 s. 4(Sch. 2 item 79).

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S. 82 substituted by No. 9853 s. 8, amended by Nos 33/1986 s. 16, 45/1988 s. 7(f), repealed by No. 130/1993 s. 109(q).

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S. 82A inserted by No. 7207 s. 2(1), amended by No. 7315 s. 3(Sch. 1 Pt A), S.R. No. 189/1973 reg. 6, Nos 9809 s. 2, 9902 s. 2(1)(Sch. item 223), 10021 s. 4, 130/1993 s. 109(r), 53/1994 s. 26(3), 110/1994 s. 39(2)(b), 31/1995 s. 47, 69/2000 s. 41, 44/2014 s. 33(Sch. item 25), repealed by No. 11/2024 s. 17.

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S. 83 amended by No. 9853 s. 9(a)(b), repealed by No. 130/1993 s. 109(s), new s. 83 inserted by No. 31/1995 s. 48, repealed by No. 11/2024 s. 17.

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S. 83A inserted by No. 9853 s. 10, repealed by No. 130/1993 s. 109(s).

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S. 84 repealed by No. 130/1993 s. 109(s),
new s. 84 inserted by No. 31/1995 s. 48, amended by No. 48/1996 s. 21(h), repealed by No. 11/2024 s. 17.

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S. 84A inserted by No. 63/1997 s. 14, repealed by No. 11/2024 s. 17.

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S. 85
repealed by No. 130/1993 s. 109(s),
new s. 85 inserted by No. 31/1995 s. 48, amended by No. 63/1997 s. 15(1), substituted by No. 11/2024 s. 18.

85 Electricity, gas and port property of former SEC

(1) The property, rights and liabilities of the former SEC relating to its functions, other than its functions under sections 12B and 12C, are the electricity property of the State.

(2) The property, rights and liabilities of the former SEC relating to its functions under section 12B are the gas property of the State.

(3) The property, rights and liabilities of the former SEC relating to its functions under section 12C are the port property of the State.

S. 85A inserted by No. 10145 s. 15,
repealed by No. 130/1993 s. 109(s),
new s. 85A inserted by No. 31/1995 s. 48, amended by No. 63/1997 s. 15(2)−(4), repealed by No. 11/2024 s. 19.

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S. 85B inserted by No. 130/1993 s. 110, amended by Nos 31/1995 s. 49(1), 48/1996 s. 21(i), 63/1997 s. 16, repealed by No. 11/2024 s. 19.

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S. 85C inserted by No. 130/1993 s. 110, amended by Nos 31/1995 s. 49(2), 56/1995 s. 55, 35/1997
s. 26(3), repealed by No. 11/2024 s. 19.

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S. 85CA inserted by No. 31/1995 s. 50, repealed by No. 91/1998 s. 37.

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S. 85D inserted by No. 130/1993 s. 110, amended by Nos 110/1994 s. 39(3), 31/1995 s. 51(a), 69/2000 s. 42, repealed by No. 11/2024 s. 19.

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Pt 8 (Headings and ss 86–99) amended by Nos 6724 s. 2, 7087 s. 2(a)−(c), 7421 s. 2, 7838 s. 2, 8308 s. 2, 8797 ss 6, 7, 8971 s. 2, 9121 ss 9−11, 9204 s. 3, 9427 s. 2(Sch. 1 item 5), 9531 ss 4−6, 9576 s. 11(1), 9746 s. 3(5), 9809 ss 3−9, 9853 ss 11−13, 9902 s. 2(1)(Sch. item 224), 10213 s. 4, 33/1986 s. 17, 98/1986 ss 7, 8, 110/1986 s. 140(2), 13/1987 s. 23, 29/1988 s. 57(17), 45/1988 s. 7(g), 78/1988 s. 9(2), 94/1990 s. 40(13), 130/1993 s. 112(a), 53/1994 s. 28(1)(u), repealed by No. 11/2024 s. 20.

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Part IX—Supplementary

S. 100 repealed by No. 7715 s. 3(1).

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S. 101 repealed by No. 7715 s. 3(1), new s. 101
inserted by No. 130/1993 s. 111, amended by Nos 31/1995 s. 51(b), 69/2000 s. 43, repealed by No. 11/2024 s. 21.

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S. 101A inserted by No. 130/1993 s. 111, repealed by No. 25/1998 s. 163(1)(g).

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S. 102 amended by Nos 7838 s. 3, 9296 s. 6, 9853 s. 14, 33/1986 s. 18, 35/1992 s. 43, 130/1993 s. 112(b), repealed by No. 11/2024 s. 21.

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S. 103 amended by Nos 7228 s. 7(Sch. 4 Pt 39(c)), 7686 s. 4(a)(b), 121/1986 s. 112, repealed by No. 130/1993 s. 112(c),
new s. 103 inserted by No. 56/1995 s. 56, repealed by No. 11/2024 s. 21.

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S. 103A inserted by No. 8377 s. 5, amended by Nos 9296 s. 7, 9531 s. 7, 9853 s. 15, 53/1988 s. 45(Sch. 2 item 75), 18/1989 s. 13(Sch. 2 item 86(d)(e)), 69/2000 s. 44, repealed by No. 11/2024 s. 21.

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S. 103B inserted by No. 9853 s. 16, substituted by No. 53/1988 s. 45(Sch. 2 item 76) (as amended by No. 47/1989 s. 19(zj)), amended by Nos 12/1989 s. 4(Sch. 2 item 112.25), 48/1991 s. 75, repealed by No. 11/2024 s. 21.

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S. 104 repealed by No. 9853 s. 17.

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S. 105 amended by Nos 121/1986 s. 112, 46/1998 s. 7(Sch. 1), 76/1998 s. 28, repealed by No. 11/2024 s. 21.

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S. 105A inserted by No. 7741 s. 3, amended by Nos 12/1989 s. 4(1)(Sch. 2 items 112.26 (as amended by No. 13/1990 s. 38(2)(x)), 112.27, 112.28), 130/1993 s. 112(d), 25/2023 s. 7(Sch. 1 item 26.3), repealed by No. 11/2024 s. 21.

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S. 106 amended by No. 81/1989 s. 3(Sch. items 49.3, 49.4) (as amended by No. 25/1991 s. 5(2)(b)), 121/1986 s. 112, 130/1993 s. 112(e), repealed by No. 11/2024 s. 21.

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S. 107 amended by Nos 130/1993 s. 112(f), 53/1994 s. 28(2)(v), 25/1998
s. 163(2), 69/2000 s. 45, repealed by No. 11/2024 s. 21.

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S. 108 amended by Nos 21/1986 s. 4, 12/1989 s. 4(1)(Sch. 2 item 112.29), repealed by No. 11/2024 s. 21.

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S. 108A inserted by No. 92/1990 s. 128(Sch. 1 item 27.2), amended by No. 35/1992
s. 44,
repealed by No. 14/1997
s. 18.

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No. 3776 s. 50.

109 Schedule 6 incorporated

The provisions of the Sixth Schedule to this Act shall be deemed and taken to have the same force and effect as if contained herein.

S. 109A inserted by No. 9296 s. 8.

109A Uniform practice manuals

S. 109A(1) amended by Nos 33/1986 s. 19(1)(a)(c), 130/1993 s. 112(g).

(1) The Minister may cause to be compiled and may publish, or with the approval of the Minister, an electricity corporation may cause to be compiled and, may publish uniform practice manuals relating to works, safety or electrical installations which—

(a) when relating to works shall set out the practices to be complied with in respect of the construction and maintenance of the works of an undertaker; and

S. 109A(1)(b) amended by No. 33/1986 s. 19(1)(b).

(b) when relating to safety shall set out the practices to be complied with in order to secure the safety and welfare of persons engaged in the construction and maintenance of electrical supply systems or electrical installations; or

S. 109A(1)(c) inserted by No. 33/1986 s. 19(1)(c).

(c) when relating to electrical installations shall set out the requirements to be complied with in respect of the construction and maintenance of electrical installations.

S. 109A(2) amended by No. 130/1993 s. 112(h).

(2) The Minister or, with the approval of the Governor in Council, an electricity corporation, may amend or revoke any manual published pursuant to this section.

(3) A manual published pursuant to this section shall with any amendments currently in force be deemed and taken to have the same force and effect as if contained in this Act.

S. 109A(4) inserted by No. 33/1986 s. 19(2).

(4) In this section electrical installation has the meaning given to it under section 46.

S. 110 amended by Nos 6497 s. 2(1), 7741 s. 4, 45/1988 s. 6(4), 130/1993 s. 112(i)(j), 53/1994 s. 28(1)(w), 8/1996 s. 19, 25/1998 s. 163(1)(h), repealed by No. 11/2024 s. 22.

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S. 111 amended by Nos 6497 s. 2(2), 6886 s. 3, 9296 s. 10(a), 33/1986 s. 20, 45/1988 s. 6(5)−(8), 130/1993 s. 112(k)−(n), 53/1994 s. 28(1)(x), 25/1998 s. 163(1)(i), 78/2010 s. 24(Sch. 1 item 27), repealed by No. 11/2024 s. 22.

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Pt 10 (Heading and ss 112–122) inserted by No. 11/2024 s. 23.

Part X—Transfer of property, rights and liabilities etc. of State Electricity Commission of Victoria to the State

S. 112 inserted by No. 11/2024 s. 23.

112 Definitions

In this Part—

amending Act means the State Electricity Commission Amendment Act 2024;

commencement day means the day on which section 8 of the amending Act comes into operation;

former SEC property means property, rights or liabilities of the former SEC that, under this Part, have become property, rights or liabilities of the State;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.

S. 113 inserted by No. 11/2024 s. 23.

113 State Electricity Commission of Victoria abolished

On the commencement day—

(a) the State Electricity Commission of Victoria is abolished and the person appointed to the office of the Interim Chief Executive Officer of the State Electricity Commission, by Order in Council dated 19 December 2022 and published in the Government Gazette on 19 December 2022, goes out of office; and

(b) subject to this Part—

(i) all property of the former SEC immediately before its abolition becomes the property of the State; and

(ii) all rights and liabilities of the former SEC immediately before its abolition become rights and liabilities of the State; and

(iii) the State is substituted for the former SEC as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the former SEC; and

(iv) the State must continue and complete any other continuing matter or thing commenced by or against or in relation to the former SEC.

S. 114 inserted by No. 11/2024 s. 23.

114 Superseded references

A reference to the State Electricity Commission of Victoria (established under this Act) in any Act (other than this Act) or in any instrument (including a subordinate instrument) made under or for the purposes of any Act, or any other document (by whatever name) prepared or made under or for the purposes of any Act, must be construed as a reference to the State—

(a) so far as the reference relates to any period on or after the commencement of section 8 of the amending Act; and

(b) if not inconsistent with the subject matter.

S. 115 inserted by No. 11/2024 s. 23.

115 Title to Act

On and after the commencement of this section, any reference in any Act (other than this Act), regulation, subordinate instrument or other document to the State Electricity Commission Act 1958 is to be construed as a reference to the Former SEC (Residual Provisions) Act 1958, unless the contrary intention appears.

S. 116 inserted by No. 11/2024 s. 23.

116 Transfer subject to encumbrances

If, under this Part, property, rights and liabilities of the former SEC become property, rights or liabilities of the State—

(a) the property and rights become property and rights of the State subject to the encumbrances (if any) to which they were subject immediately before the operation of this Part; and

(b) the rights to which the former SEC was entitled in respect of those liabilities immediately before they ceased to be its liabilities become rights in respect of liabilities of the State.

S. 117 inserted by No. 11/2024 s. 23.

117 Interests in land

Without affecting the generality of this Part and despite anything to the contrary in any other Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law, if, immediately before the commencement day, the former SEC is, in relation to property, rights or liabilities that become, under this Part, the property, rights or liabilities of the State, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that day—

(a) the State is taken to be the registered proprietor of that interest in land; and

(b) the State has the same rights and remedies in respect of that interest as the former SEC had.

S. 118 inserted by No. 11/2024 s. 23.

118 Easements

If the State acquires any right in the nature of an easement (whether as a result of the operation of this Part or otherwise), that right must be taken to be an easement even though there is no land vested in the State which is benefited or capable of being benefited by that right.

S. 119 inserted by No. 11/2024 s. 23.

119 Action by Registrar of Titles

On being requested to do so and on delivery of any relevant instrument, the Registrar of Titles must make any recordings in the Register that are necessary because of the operation of this Part.

S. 120 inserted by No. 11/2024 s. 23.

120 Money standing to the credit of certain funds transferred to the Consolidated Fund

(1) On the repeal of section 83, any amounts standing to the credit of the Electricity Fund are transferred to, and form part of, the Consolidated Fund.

(2) On the repeal of section 84, any amounts standing to the credit of the Gas Fund are transferred to, and form part of, the Consolidated Fund.

(3) On the repeal of section 84A, any amounts standing to the credit of the Ports Fund are transferred to, and form part of, the Consolidated Fund.

S. 121 inserted by No. 11/2024 s. 23.

121 Taxes

No stamp duty or other tax is chargeable under any Act in respect of anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part, including a transaction entered into or an instrument made, executed, lodged or given for the purpose of or connected with the transfer of property, rights or liabilities of the former SEC.

S. 122 inserted by No. 11/2024 s. 23.

122 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the former SEC in relation to former SEC property, if this Part had not been enacted, is admissible for or against the interests of the State, if that property becomes property, rights or liabilities of the State.

(2) The Evidence Act 2008 applies with respect to the books of account of the former SEC and to entries made in those books of account before the commencement day, whether or not they relate to former SEC property, as if those books of account and entries were business records of the State.

S. 2.

Schedules

Sch. 1 amended by No. 6505 s. 2, repealed by No. 130/1993 s. 113(1).

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Sch. 2 repealed by No. 130/1993 s. 113(2).

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Schs 3, 4 repealed by No. 9296 s. 10(b)(c).

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Sch. 5 amended by Nos 7315 s. 3(Sch. 1), 7421 s. 3, 7686 s. 5, 9296 s. 5, 9853 s. 18, 33/1986 s. 21, 110/1986 s. 140(2), 57/1989 s. 3(Sch. item 185.1), 130/1993 s. 113(3), 57/2014 s. 160, repealed by No. 11/2024 s. 24.

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S. 109.

Sixth schedule––Business and rules

Nos 3776
Sch. 3, 5466 s. 2, 6001 s. 3.

Sch. 6 "Business and Rules" cls 1–4 amended by No. 33/1986 s. 22(1)(a)(b), repealed by No. 130/1993 s. 113(4)(a).

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Sch. 6 "Business and Rules" cl. 5 amended by Nos 10145 s. 16, 130/1993 s. 113(4)(a), repealed by No. 11/2024 s. 25(a).

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Sch. 6
"Tariffs and Conditions of Supply" (Heading and cls 1–5) amended by Nos 9296 s. 9(1), 33/1986 s. 22(2), repealed by No. 130/1993 s. 113(4)(b).

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Sch. 6 "Contracts" (Heading and cls 1–5) amended by Nos 7547 s. 3, 7686 s. 6, 8797 s. 8, 9853 s. 19(a), 33/1986 s. 22(3)(a)(b) (i)(ii),
repealed by No. 130/1993 s. 113(4)(c).

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Legal Proceedings, Evidence

Judicial notice of common seal

Sch. 6 "Legal Proceedings, Evidence" cl. 1 amended by No. 11/2024 s. 25(b).

1. All courts judges and persons acting judicially shall take judicial notice of the common seal of the former SEC affixed to any deed and shall presume that such seal was properly affixed thereto.

Service of notices and legal proceedings on owners or occupiers

Sch. 6 "Legal Proceedings, Evidence"
cl. 2(1) amended by Nos 33/1986 s. 22(4)(a), 130/1993 s. 113(4)(d)(i), 11/2024 s. 25(c).

2. (1) Any notice summons writ or other proceeding required to be served upon the former SEC may be served by being given personally to or being sent to the Minister.

Sch. 6 "Legal Proceedings, Evidence" cl. 2(2) repealed by No. 11/2024 s. 25(d).

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Documents how authenticated

Sch. 6 "Legal Proceedings, Evidence"
cl. 3
amended by Nos 7421 s. 4, 33/1986 s. 22(4)(b), 130/1993 s. 113(4)(d)(ii), 11/2024 s. 25(e).

3. Every notice order summons certificate deed or other document requiring authentication by the former SEC may be sufficiently authenticated without the seal of the former SEC if signed by the Minister.

Sch. 6 "Legal Proceedings, Evidence" cl. 4 repealed by No. 11/2024 s. 25(f).

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Sch. 6 "Legal Proceedings, Evidence"
cl. 5
amended by Nos 7876 s. 2(3), 33/1986 s. 22(4)(c), 57/1989
s. 3(Sch. item 185.2(a)(b)), 130/1993 s. 113(4)(d)
(iii)–(v), 68/2009 s. 97(Sch. item 114), repealed by No. 11/2024 s. 25(g).

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Proof of certain matters not required

Sch. 6 "Legal Proceedings, Evidence" cl. 6(1) amended by No. 11/2024 s. 25(h)(i).

6. (1) In any prosecution or legal proceedings under the provisions of this Act or the regulations or rules instituted by or under the direction of the former SEC no proof shall be required (until evidence is given to the contrary) of—

Sch. 6 "Legal Proceedings, Evidence" cl. 6(1)(a) amended by No. 11/2024 s. 25(h)(i).

(a) the constitution of the former SEC;

Sch. 6 "Legal Proceedings, Evidence" cl. 6(1)(b) amended by No. 11/2024 s. 25(h)(i).

(b) any order of the former SEC to prosecute;

Sch. 6 "Legal Proceedings, Evidence" cl. 6(1)(c) amended by No. 11/2024 s. 25(h)(i).

(c) the particular or general appointment of the secretary or any other officer of the former SEC to take proceedings against any person;

(d) the powers of the said secretary or other officer to prosecute;

Sch. 6 "Legal Proceedings, Evidence" cl. 6(1)(e) amended by No. 11/2024 s. 25(h)(i).

(e) the appointment of the chairman or of any commissioner or of the secretary or other officer of the former SEC; or

Sch. 6 "Legal Proceedings, Evidence" cl. 6(1)(f) amended by No. 11/2024 s. 25(h)(i).

(f) the presence of a quorum at any meeting at which any order is made or any act is done by the former SEC.

Evidence of regulations etc.

Sch. 6 "Legal Proceedings, Evidence" cl. 6(2) amended by No. 11/2024 s. 25(h)(ii).

(2) The production of—

a copy of the Government Gazette containing any regulation rule order or notice purporting to have been made or given under any of the provisions of this Act; or

a copy purporting to be a true copy of any such regulation rule order or notice certified as such under the hand of the secretary of the former SEC—

shall be evidence until the contrary is proved of the due making existence confirmation approval and giving of such regulation rule order or notice and of all preliminary steps necessary to give full force and effect to the same.

Evidentiary provisions

Sch. 6 "Legal Proceedings, Evidence"
cl. 6A
inserted by No. 9296 s. 9(3), amended by No. 9853 s. 19(b).

Sch. 6 "Legal Proceedings, Evidence" cl. 6A(1) amended by No. 11/2024 s. 25(i)(i).

6A. (1) In proceedings for the recovery of charges for the supply of electricity by the former SEC a certificate by the secretary as to the value and quantity of electricity supplied by the former SEC to the person and premises specified in the certificate during the period specified in the certificate shall be evidence until the contrary is proved of the matters so certified.

Sch. 6 "Legal Proceedings, Evidence" cl. 6A(2) amended by No. 11/2024 s. 25(i)(ii).

(2) A consumer shall be deemed to have undertaken to pay for the supply of electricity in accordance with the relevant scale of charges determined by the former SEC as applicable from time to time.

Sch. 6 "Legal Proceedings, Evidence" cl. 6A(3) amended by No. 11/2024 s. 25(i)(iii).

(3) Unless it is otherwise expressly provided a notice, order or demand required to be given by the former SEC to a consumer in respect of a supply of electricity shall be addressed to the consumer and shall—

Sch. 6 "Legal Proceedings, Evidence" cl. 6A(3)(a) amended by No. 11/2024 s. 25(i)(iii).

(a) if the address of the consumer is known to the former SEC—be served on the consumer or left with some adult inmate of his abode;

Sch. 6 "Legal Proceedings, Evidence" cl. 6A(3)(b) amended by No. 11/2024 s. 25(i)(iii).

(b) if the address of the consumer is not known to the former SEC—be served on the occupier (if any) of the premises in respect of which the notice, order or demand is given or left with some adult inmate thereof or if there is no occupier be put upon some conspicuous part of the premises; or

(c) be served by pre-paid letter addressed to the consumer at his last known place of business or residence.

(4) In this Schedule unless the contrary intention appears—

Sch. 6 "Legal Proceedings, Evidence" cl. 6A(4) def. of Supply of electricity amended by No. 11/2024 s. 25(i)(ii).

Supply of electricity means the supply of electricity made available by the former SEC, and includes—

(a) the electricity so supplied;

(b) the supplying or providing of meters or other equipment used or associated with supplying electricity;

(c) the depositing of moneys or the payment of charges required in respect of the supplying of electricity;

(d) the making of inspections, re-inspections or re-connexions in respect of premises and the charges required to be paid therefore; and

(e) any other matters ancillary to the supplying of electricity.

Sch. 6 Heading preceding "Legal Proceedings, Evidence" cl. 7 inserted by No. 11/2024 s. 25(j).

Evidence of documents issued by former SEC

Sch. 6 "Legal Proceedings, Evidence" cl. 7 amended by No. 11/2024 s. 25(k).

7. All documents whatever purporting to be issued or written by or under the direction of the former SEC and purporting to be signed by the secretary shall be received as evidence in all courts and before all persons acting judicially within Victoria and shall without proof be deemed to have been issued or written by or under the direction of the former SEC until the contrary is shown.

Sch. 6 Heading preceding "Legal Proceedings, Evidence" cl. 8 inserted by No. 11/2024 s. 25(l).

Protection of officers etc.

Sch. 6 "Legal Proceedings, Evidence"
cl. 8
amended by Nos 130/1993 s. 113(4)(d)(vi)
(vii), 53/1994 s. 28(1)(y), 11/2024 s. 25(m).

8. No matter or thing done by the Minister or by any officer or other person appointed or employed by the Minister if done bona fide in the exercise of his powers or in the performance of his duties under this or any other Act shall subject such Minister officer or other person to any personal liability in respect thereof.

Sch. 6 Heading preceding "Legal Proceedings, Evidence" cl. 9 inserted by No. 11/2024 s. 25(n).

Powers of the former SEC in conducting investigations

Sch. 6 "Legal Proceedings, Evidence"
cl. 9
amended by Nos 130/1993 s. 113(4)
(d)(viii), 69/2009 s. 54(Sch. Pt 2 item 47), 67/2014 s. 147(Sch. 2 item 33), 11/2024 s. 25(o).

9. The Minister for the purposes of any appeal or proceedings for the settlement of questions differences or disputes under this Act or of conducting any investigation or inquiry authorized to be made by or under this Act shall have all the powers conferred by sections fourteen to sixteen of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, upon a Board appointed by the Governor in Council.

Sch. 6 "Offences and Penalties" (Heading) repealed by No. 11/2024 s. 25(p).

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Sch. 6 "Offences and Penalties" cl. 1 amended by Nos 7087 s. 2(d)(i), 33/1986 s. 4(d), 130/1993 s. 113(4) (e)(i)(ii), repealed by No. 11/2024 s. 25(q).

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Sch. 6 "Offences and Penalties" cl. 2 substituted by Nos 7087 s. 2(d)(ii), 33/1986 s. 4(d), amended by No. 130/1993 s. 113(4)(e)(iii), repealed by No. 11/2024 s. 25(q).

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Sch. 6 "Offences and Penalties" cl. 3 repealed by No. 9228 s. 4(e).

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Sch. 7 inserted by No. 9853 s. 20, repealed by No. 11/2024 s. 26.

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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.

The State Electricity Commission Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

The title of this Act was changed from the State Electricity Commission Act 1958 to the Former SEC (Residual Provisions) Act 1958 by section 4 of the State Electricity Commission Amendment Act 2024, No. 11/2024.

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 Former SEC (Residual Provisions) Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

State Electricity Commission (Tourist Area) Act 1959, No. 6497/1959

Statute Law Revision Act 1959, No. 6505/1959

State Electricity Commission (Hazelwood Power Station) Act 1959, No. 6549/1959

Public Officers Salaries and Allowances Act 1960, No. 6624/1960

State Electricity Commission (Borrowing) Act 1960, No. 6724/1960

Subordinate Legislation Act 1962, No. 6886/1962

State Electricity Commission (Licensing of Electrical Mechanics) Act 1963, No. 6983/1963

Public Officers Salaries and Allowances Act 1963, No. 7054/1963

Electrical Undertakings Act 1963, No. 7087/1963

State Electricity Commission (Contributions) Act 1964, No. 7207/1964

Public Lands and Works Act 1964, No. 7228/1964

State Electricity Commission (Chairman) Act 1965, No. 7303/1965

Decimal Currency Act 1965, No. 7315/1965

Public Officers Salaries and Allowances Act 1965, No. 7356/1965

State Electricity Commission (Amendment) Act 1965, No. 7421/1965

Instruments (Corporate Bodies Contracts) Act 1967, No. 7547/1967

Judges and Public Officers Salaries Act 1967, No. 7581/1967

State Electricity Commission (Amendment) Act 1968, No. 7686/1968

State Coal Mines (Winding Up) Act 1968, No. 7715/1968

State Electricity Commission Act 1968, No. 7741/1968

State Electricity Commission (Borrowing and Investing Powers) Act 1969, No. 7838/1969

Justices (Amendment) Act 1969, No. 7876/1969

Public Officers Salaries and Allowances Act 1970, No. 7954/1970

Statutory Salaries Act 1970, No. 8082/1970

Statute Law Revision Act 1971, No. 8181/1971

State Electricity Commission (Newport Power Station) Act 1971, No. 8182/1971

State Electricity Commission (Borrowing Powers) Act 1972, No. 8303/1972

State Electricity Commission (Dartmouth Hydro-Electric Power Station) Act 1972, No. 8328/1972

State Electricity Commission (Yallourn W Power Station) Act 1972, No. 8329/1972

Railways (Amendment) Act 1972, No. 8353/1972

State Electricity Commission (Amendment) Act 1972, No. 8377/1972

State Electricity Commission (Yallourn Council) Act 1973, No. 8390/1973

State Electricity Commission (Amendment) Act 1975, No. 8797/1975

State Electricity Commission (Tramways) Act 1975, No. 8807/1975

State Electricity Commission (Loy Yang Power Station) Act 1976, No. 8894/1976

State Electricity Commission (Financial Accommodation) Act 1977, No. 8971/1977

State Electricity Commission (Newport Power Station) Act 1977, No. 9011/1977

State Electricity Commission (Amendment) Act 1978, No. 9121/1978

Trustee (Authorized Investments) Act 1978, No. 9204/1978

Crown Land (Reserves) Act 1978, No. 9212/1978

Crimes (Criminal Damage) Act 1978, No. 9228/1978

State Electricity Commission (Morwell Land Compensation) Act 1979, No. 9270/1979

State Electricity Commission (Amendment) Act 1979, No. 9296/1979

Statute Law Revision Act 1980, No. 9427/1980

State Electricity Commission (Amendment) Act 1981, No. 9531/1981

Crimes (Classification of Offences) Act 1981, No. 9576/1981

Public Authorities (Sinking Funds) Act 1982, No. 9746/1982

State Electricity Commission (Financial Arrangements) Act 1982, No. 9809/1982

State Electricity Commission (Amendment) Act 1982, No. 9853/1982

Statute Law Revision Act 1983, No. 9902/1983

Transport Act 1983, No. 9921/1983

Nuclear Activities (Prohibitions) Act 1983, No. 9923/1983

State Electricity Commission (Clearance of Lines) Act 1983, No. 10001/1983

State Electricity Commission (Brown Coal Royalty) Act 1983, No. 10021/1983 (Affected by Government Gazette 27.1.84 p. 171)

Water (Central Management Restructuring) Act 1984, No. 10081/1984

Statute Law Revision Act 1984, No. 10087/1984

State Electricity Commission (Coal Corporation of Victoria) Act 1984, No. 10145/1984

State Electricity Commission (Amendment) Act 1985, No. 10213/1985

Public Contracts (Repeal) Act 1986, No. 21/1986

State Electricity Commission (Amendment) Act 1986, No. 33/1986

State Electricity Commission (Further Amendment) Act 1986, No. 98/1986

Supreme Court Act 1986, No. 110/1986

Land Acquisition and Compensation Act 1986, No. 121/1986

Borrowing and Investment Powers Act 1987, No. 13/1987

Conservation, Forests and Lands Act 1987, No. 41/1987

Planning and Environment Act 1987, No. 45/1987

State Bank Act 1988, No. 29/1988

State Electricity Commission (Amendment) Act 1988, No. 45/1988

State Superannuation Act 1988, No. 50/1988

Subdivision Act 1988, No. 53/1988 (as amended by No. 47/1989)

Borrowing and Investment Powers (Amendment) Act 1988, No. 78/1988

Local Government (Consequential Provisions) Act 1989, No. 12/1989[4] (as amended by No. 13/1990)

Transport (Amendment) Act 1989, No. 44/1989

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Water (Consequential Amendments) Act 1989, No. 81/1989 (as amended by No. 25/1991)

Planning and Environment (Amendment) Act 1989, No. 86/1989 (as amended by No. 48/1991)

Vocational Education and Training Act 1990, No. 45/1990

Mineral Resources Development Act 1990, No. 92/1990

State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990

Subdivision (Miscellaneous Amendments) Act 1991, No. 48/1991

State Electricity Commission (Amendment) Act 1992, No. 3/1992

Loy Yang B Act 1992, No. 35/1992

Water (Rural Water Corporation) Act 1992, No. 50/1992

Electricity Industry Act 1993, No. 130/1993

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Water (Further Amendment) Act 1994, No. 49/1994

Electricity Industry (Amendment) Act 1994, No. 53/1994 (as amended by No. 110/1994)

Electricity Industry (Further Amendment) Act 1994, No. 110/1994

Latrobe Regional Commission (Repeal) Act 1995, No. 16/1995

Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995

Electricity Industry (Amendment) Act 1995, No. 56/1995

Electricity Industry (Further Amendment) Act 1995, No. 79/1995

Electricity Industry (Amendment) Act 1996, No. 8/1996

Electricity Industry (Further Amendment) Act 1996, No. 48/1996

Electricity Industry (Loy Yang B) Act 1997, No. 14/1997

Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997

Gas Industry (Amendment) Act 1997, No. 36/1997

Port Services (Amendment) Act 1997, No. 63/1997

Gas Industry (Further Amendment) Act 1997, No. 91/1997

Electricity Safety Act 1998, No. 25/1998

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Electricity Industry Acts (Amendment) Act 1998, No. 89/1998

Gas Industry Acts (Amendment) Act 1998, No. 91/1998

Public Sector Reform (Further Amendments) Act 1999, No. 12/1999[5]

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001

Energy Safe Victoria Act 2005, No. 39/2005

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010

Subordinate Legislation Amendment Act 2010, No. 78/2010

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Powers of Attorney Act 2014, No. 57/2014

Inquiries Act 2014, No. 67/2014

Transport Legislation Amendment Act 2019, No. 49/2019

Local Government Act 2020, No. 9/2020

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

State Electricity Commission Amendment Act 2024, No. 11/2024

–––––––––––––––––––––––––––––––––––––––––––––––––––

Metric Conversion (State Electricity Commission Act) Regulations 1973, S.R. No. 189/1973

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

1. Pt 5 (repealed): Sections 160, 161 of the Electricity Safety Act 1998, No. 25/1998 read as follows:

   160 Transitional provisions—electrical contractors and mechanics

(1) Any person who was registered as an electrical contractor under Part V of the State Electricity Commission Act 1958 immediately before the commencement of this section is deemed on that commencement to be registered as an electrical contractor under Division 1 of Part 3 of this Act for the remainder of the registration period.

(2) Any person who was licensed as an electrical mechanic in respect of a grade of electrical wiring work under Part V of the State Electricity Commission Act 1958 immediately before the commencement of this section is deemed on that commencement to be licensed under Division 2 of Part 3 of this Act as an electrical worker in respect of an equivalent class of electrical work for the remainder of the licence period.

161 Transitional provision—electrical equipment

(1) Electrical equipment in respect of which an approval was in force under section 51 of the State Electricity Commission Act 1958 immediately before the commencement of this section is deemed on that commencement to be approved under section 58 of this Act.

(2) An Order under section 57(1) of the State Electricity Commission Act 1958 in force immediately before the commencement of this section and declaring any class, description or type of electrical appliance to be a proclaimed electrical appliance has effect as an Order under section 67 of this Act declaring any class, description or type of appliance to which the Order applies to be proclaimed electrical equipment for the purposes of Part 5 of this Act and may be amended or revoked accordingly. ↑

2. Pt 6 (repealed):

Pt 6 (Heading and ss 58–78) amended by Nos 6886 s. 3, 8181 s. 2(1)(Sch. item 177), S.R. No. 189/1973 reg. 5, repealed by No. 8807 s. 3(2), new Pt 6 (Heading and ss 58–65) inserted by No. 10001 s. 4, amended by Nos 10087 s. 3(1)(Sch. 1 item 236), 33/1986 s. 12(a)(b), 98/1986 s. 5(1)–(4), 41/1987 s. 103(Sch. 4 items 61.4, 61.5), 45/1987 s. 205(Sch. items 127, 128), 53/1988 s. 45(Sch. 3 item 72) (as amended by No. 47/1989 s. 23(2)), 12/1989 s. 4(1)(Sch. 2 items 112.16A–112.20) (as amended by No. 13/1990 s. 38(2)(t)–(v)), 44/1989 s. 41(Sch. 2 items 39.4–39.6), 86/1989 s. 29(10), 130/1993 ss 107(a)–(p), 108(1)(a)–(l), 53/1994 s. 28(1)(m)–(t), 56/1995 s. 53(3)(c)(4), 79/1995 ss 25–27, 48/1996 s. 21(e)–(g), 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 26)), repealed by No. 25/1998 s. 163(1)(f). ↑

3. Pt 6 (repealed): Section 162 of the Electricity Safety Act 1998, No. 25/1998 reads as follows:

   162 Transitional provision—urban area

(1) A notice under section 58(1A) of the State Electricity Commission Act 1958 specifying an area of land as an urban area that was in force immediately before the commencement of this section has effect as a notice under section 79 of this Act and may be amended or revoked accordingly.

(2) A declaration under section 65(3) of the State Electricity Commission Act 1958 of an area in an urban area for the purposes of section 60(3) of that Act that was in force immediately before the commencement of this section has effect as a declaration under section 81(1) of this Act and may be amended or revoked accordingly. ↑

4. Table of Amendments (Local Government (Consequential Provisions) Act 1989): The amendment proposed by section 4(Schedule 2 item 112.25) of the Local Government (Consequential Provisions) Act 1989, No. 12/1989 is not included in this publication due to the earlier substitution of section 103B by section 45(Schedule 2 item 76) (as amended by No. 47/1989 s. 19(zj)) of the Subdivision Act 1988, No. 53/1988. ↑

5. Table of Amendments (Public Sector Reform (Further Amendments) Act 1999): The amendments proposed by section 4(Sch. 2 item 11) of the Public Sector Reform (Further Amendments) Act 1999, No. 12/1999 are not included in this publication due to the earlier repeal of section 56 by section 163(1)(d) of the Electricity Safety Act 1998, No. 25/1998. ↑