128 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011
(1) In this section—
commencement day means the day on which section 37 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation.
(2) In any proceeding commenced on or after the commencement day, section 95(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 94 before that commencement day.
S. 129 inserted by No. 4/2020 s. 50.
129 Transitional provision—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
(1) The amendments made by the amending Act do not affect an appointment under section 86(1) that was in force immediately before the commencement of this section.
(2) An appointment referred to in subsection (1) continues in effect on and after the commencement of this section.".
(3) Section 108 applies in relation to an old direction in the same way that it applies in relation to a direction given under Division 1 of Part 6 by the Chief Executive Officer of Energy Safe Victoria.
(4) In this section—
amending Act means the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020;
old direction means a direction that was given—
(a) under Division 1 of Part 6; and
(b) before the commencement of section 37 of the amending Act; and
(c) by the person who, at that time, was the Director within the meaning of the Energy Safe Victoria Act 2005 as in force at that time.
S. 130 inserted by No. 13/2025 s. 81.
130 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025
(1) On and after the commencement day, a person appointed as an inspector under section 86 of this Act is taken to be appointed as an authorised officer under that section and a reference to an inspector appointed under this Act in any Act, subordinate instrument, agreement or document is taken to be a reference to an authorised officer appointed under this Act.
commencement day means the day on which section 81 of the Energy and Land Legislation Amendment (Energy Safety) Act 2025 comes into operation.
Section 128 - Gas Safety Act 1997 - Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 | Zoe
Sch. 1 amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 24/2002 s. 19.
Schedule 1—Transitional provisions
1 Definitions
In this Schedule—
Board means Gas Appeals Board established under the Gas Safety Act 1997 as in force prior to the commencement day;
commencement day means the day on which section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002 comes into operation;
VCAT Act means the Victorian Civil and Administrative Tribunal Act 1998.
2 Abolition of the Gas Appeals Board
(1) On the commencement day, the Gas Appeals Board is abolished and its members go out of office.
(2) On and from the commencement day, a reference to the Board in any Act or subordinate instrument (other than this Schedule) or in any other document, so far as it relates to any period after that day and unless the context otherwise requires, must be construed as a reference to the Tribunal.
(3) Subclause (1) does not affect any other provision of this Schedule—
(a) dealing with proceedings before the Gas Appeals Board; or
(b) providing for the Gas Appeals Board to continue for certain purposes.
(4) If under this Schedule the Gas Appeals Board continues for certain purposes, the provisions of the Gas Safety Act 1997, as in force immediately before the commencement day relating to membership and procedure, continue to apply for those purposes.
3 Pending proceedings
(1) If, immediately before the commencement day, a proceeding was pending before the Board but the Board had not begun to hear the matter or had not been presented with any evidence on any material question of fact, the proceeding is to be heard and determined by the Tribunal and for that purpose—
(a) the proceeding is to be taken to have been commenced in the Tribunal; and
(b) anything done in relation to the proceeding by the Board before the commencement day is deemed to have been done by the Tribunal; and
(c) the procedure that applies to the proceeding on and after the commencement day is the procedure set out in the VCAT Act and the rules made under it in relation to that class of proceedings; and
(d) anything done or omitted to be done in relation to the proceeding by a party or other person before the commencement day, under or in accordance with the procedure that applied before that day, must be taken, so far as possible, to have been done or omitted under or in accordance with the procedure applying on or after that day; and
(e) the Tribunal has only the powers, functions and duties which the Board would have had in relation to the proceeding under this Act as in force immediately before the commencement day; and
(f) any order made by the Tribunal may only be appealed against in accordance with Part 5 of the VCAT Act.
(2) If immediately before the commencement day a proceeding was pending before the Board and the Board had begun to hear the matter or had been presented with evidence on a material question of fact—
(a) the proceeding is to be heard and determined by the Board in accordance with the provisions of the Gas Safety Act 1997 as in force immediately before the commencement day; and
(b) the Board may make any determination or order in respect of the proceeding that it could have made immediately before the commencement day; and
(c) for the purpose of completing the proceeding and making a determination or order the Board will, despite clause 2(1), continue to exist; and
(d) the procedure that applies to the proceeding on and after the commencement day is the procedure that applied immediately before the commencement day.
4 Determinations or orders made by Board
A determination or order made by the Board in a proceeding finally determined by it before the commencement day may be enforced in accordance with this Act as in force immediately before that day.
5 Power to resolve transitional difficulties
If any difficulty arises because of the operation of this Schedule in relation to a proceeding (including a proceeding pending before the Board) to which clause 3 applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty.
6 Transfer of registers
(1) The Secretary to the Department of Natural Resources and Environment must ensure that—
(a) the register, required to be kept by the Gas Appeals Board under section 93(2) of the Gas Safety Act 1997, as in force immediately before the commencement of section 14 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, is sent to the Director; and
(b) the Register, required to be kept by the Registrar of the Board by clause 15 of Schedule 1 to the Gas Safety Act 1997 as in force immediately before the commencement of section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, and any other documents in the possession of the Board relating to proceedings before the Board, are sent to the principal registrar of the Tribunal.
(2) Despite subclause (1)(b), the Secretary is not required to send to the principal registrar documents relating to a proceeding to which clause 3(2) applies until the conclusion of that proceeding.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 30 October 1997
Legislative Council: 19 November 1997
The long title for the Bill for this Act was "A Bill to provide for the safe conveyance, sale, supply, measurement, control and use of gas, to amend the Gas Industry Act 1994 and other Acts and for other purposes."
The Gas Safety Act 1997 was assented to on 16 December 1997 and came into operation as follows:
Part 1 (sections 1–8) on 16 December 1997: section 2(1); rest of Act on 1 February 1999: Government Gazette 21 January 1999 page 80.
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 Gas Safety Act 1997 by Acts and subordinate instruments.
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
| Assent Date: | 26.5.98 |
| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |
Gas Industry Acts (Amendment) Act 1998, No. 91/1998
| Assent Date: | 24.11.98 |
| Commencement Date: | S. 34 on 24.11.98: s. 2(1); ss 26(1), 28(2)(3), 29, 30, 33 on 1.12.98: s. 2(6); ss 31, 32 on 24.6.99: Government Gazette 24.6.99 p. 1465; ss 26(2)(3), 27, 28(1) on 1.9.99: Government Gazette 5.8.99 p. 1825 |
Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999
| Assent Date: | 8.6.99 |
| Commencement Date: | Ss 32, 33 on 8.6.99: s. 2(1); ss 34, 35 on 24.6.99: Government Gazette 24.6.99 p. 1465 |
Gas Industry Acts (Amendment) Act 2000, No. 91/2000
| Assent Date: | 5.12.00 |
| Commencement Date: | Ss 16–22, 25–28, 30–37 on 12.4.01: Government Gazette 12.4.01 p. 643; ss 23, 24, 29 on 31.12.01: s. 2(4) |
Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001
| Assent Date: | 19.6.01 |
| Commencement Date: | S. 34 on 1.9.01: s. 2(2) |
Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002
| Assent Date: | 12.6.02 |
| Commencement Date: | Ss 12–19 on 29.7.02: Government Gazette 18.7.02 p. 1658 |
Public Administration Act 2004, No. 108/2004
| Assent Date: | 21.12.04 |
| Commencement Date: | S. 117(1)(Sch. 3 item 88) on 5.4.05: Government Gazette 31.3.05 p. 602 |
Energy Safe Victoria Act 2005, No. 39/2005
| Assent Date: | 27.7.05 |
| Commencement Date: | Ss 49–52, Sch. 2 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 |
Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006
| Assent Date: | 13.6.06 |
| Commencement Date: | Ss 6–9 on 14.6.06: s. 2(1) |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
| Assent Date: | 13.6.06 |
| Commencement Date: | S. 94(Sch. item 24) on 1.7.06: Government Gazette 29.6.06 p. 1315 |
Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008
| Assent Date: | 22.10.08 |
| Commencement Date: | S. 40 on 23.10.08: s. 2(1); s. 39 on 18.1.09: Government Gazette 18.12.08 p. 2998 |
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009
| Assent Date: | 17.6.09 |
| Commencement Date: | S. 37 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 |
Energy and Resources Legislation Amendment Act 2009, No. 57/2009
| Assent Date: | 21.10.09 |
| Commencement Date: | Ss 19–22 on 13.12.09: Government Gazette 10.12.09 p. 3215 |
Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011
| Assent Date: | 8.11.11 |
| Commencement Date: | Ss 35–40 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 |
Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013
| Assent Date: | 18.6.13 |
| Commencement Date: | S. 35(Sch. 2 item 4) on 1.7.13: s. 2 |
Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013
| Assent Date: | 18.6.13 |
| Commencement Date: | Ss 14, 15 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 74) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Gas Safety Act 1997 |
Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017
| Assent Date: | 14.2.17 |
| Commencement Date: | Ss 14, 15 on 1.1.18: s. 2(3) |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 61) on 1.3.19: s. 2(2) |
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
| Assent Date: | 2.7.19 |
| Commencement Date: | S. 178 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |
Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020
| Assent Date: | 25.2.20 |
| Commencement Date: | Ss 33–50 on 1.1.21: s. 2(2) |
Energy Legislation Amendment (Energy Safety) Act2023, No. 22/2023
| Assent Date: | 22.8.23 |
| Commencement Date: | Ss 41–58 on 16.5.24: s. 2(2) |
Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025
| Assent Date: | 20.5.25 |
| Commencement Date: | Ss 62–80 on 21.5.25: s. 2(1); ss 54–61, 81, 82(Sch. 2) on 1.4.26: s. 2(4) |