16ZMatters that the Minister may have regard to in making an Order

16Z Matters that the Minister may have regard to in making an Order (1) In making an Order under section 16Y, the Minister may have regard to any one or more of the following— (a) whether there is or may be a crucial national electricity system need in Victoria or in Victoria and another participating jurisdiction; (b) options available under the Law and the Rules to address any crucial national electricity system need, including alternatives to augmentations of the declared transmission system; (c) the potential costs to end users of any options referred to in paragraph (b); (d) the immediate, medium and long-term needs of the national electricity system, including needs relating to the reliability, safety and security of the national electricity system; (e) the actual or projected amount of generation or reserve in the national electricity system. (2) In addition, in making an Order under section 16Y, the Minister may have regard to any other matter that the Minister considers relevant. S. 16ZA inserted by No. 10/2020 s. 4. 16ZA Consultation before the making of an Order (1) Before making an Order under section 16Y, the Minister must consult with— (a) the Premier; and (b) the Treasurer; and S. 16ZA(1)(c) substituted by No. 38/2025 s. 25. (c) VicGrid; and S. 16ZA(1)(d) inserted by No. 38/2025 s. 25. (d) if the Order imposes a duty on AEMO, AEMO. (2) Subsection (1) does not apply if the Order the Minister proposes to make is a minor Order. ***minor Order*** means an Order under section 16Y which amends another Order made under that section— (a) to modify the application of standards, procedures or guidelines pursuant to section 16Y(2)(a); or (b) to specify guidelines pursuant to section 16Y(2)(e); or (c) to correct a clerical mistake or an error arising from an accidental slip or omission. S. 16ZB inserted by No. 10/2020 s. 4. 16ZB Publication of reasons for the making of an Order (1) The Minister must publish in the Government Gazette the Minister's reasons for making an Order under section 16Y at the same time as the Order is published in the Government Gazette. (2) In addition, the Minister must publish the Minister's reasons for making an Order under section 16Y on the Department's internet site as soon as practicable after the reasons are published in the Government Gazette. S. 16ZC inserted by No. 10/2020 s. 4. 16ZC Effect of Order (1) An Order under section 16Y has effect according to its tenor in relation to the following despite anything to the contrary in this Act or in any agreement or contract— (a) a specified augmentation; (b) specified augmentation services; (c) specified non-network services. (2) To avoid doubt, section 32 applies subject to an Order under section 16Y. (3) In addition— (a) the Law applies as a law of Victoria in relation to— (i) a specified augmentation subject to the Order under section 16Y specifying that augmentation; and (ii) specified augmentation services or specified non-network services subject to the Order under section 16Y specifying those services, as the case requires; and (b) the Rules have the force of law in Victoria in relation to— (i) a specified augmentation subject to the Order under section 16Y specifying that augmentation; and (ii) specified augmentation services or specified non-network services subject to the Order under section 16Y specifying those services, as the case requires. S. 16ZD inserted by No. 10/2020 s. 4. 16ZD Non-compliance with an Order enforceable under the Law Despite section 6, if an Order under section 16Y is in effect— (a) a reference to "the Law" or "this Law" in the following provisions of the NEL are to be read as including a reference to the Order under section 16Y, unless the context otherwise requires— (i) section 15; (ii) section 17; (iii) section 18; (iv) Division 2 of Part 3; (v) section 28ZE; (vi) Divisions 1, 1A and 2 of Part 6; and (b) a reference to a "civil penalty provision" in the Law is to be read as including a reference to a provision of an Order under section 16Y, or a provision of the Law or the Rules modified by the Order, which, under the Order, is a civil penalty provision for the purposes of the Law. S. 16ZDA inserted by No. 33/2021 s. 18. 16ZDA Court order in relation to contraventions of enforceable provisions (1) If, on an application by the Minister, the Supreme Court is satisfied that a person— (a) has contravened, or is proposing to contravene, an enforceable provision; or (b) has been in any way, directly or indirectly, knowingly concerned in, or party to, a contravention or proposed contravention of an enforceable provision; or (c) has aided, abetted, counselled or procured such a contravention; or (d) has induced, whether by threats or promises or otherwise, such a contravention; or (e) has been in any way, directly or indirectly, knowingly concerned in, or party to such a contravention; or (f) has conspired with others to effect such a contravention— the Court may make an order restraining a person from engaging in specified conduct or requiring a person to take any specific action, in such terms as the Court determines is appropriate. (2) If an application for an order under subsection (1) has been made, the Court may, if the Court determines it to be appropriate, make an order by consent of all the parties to the proceeding, whether or not the Court is satisfied that a person has contravened, or is proposing to contravene, the enforceable provision. (3) If in the opinion of the Court it is desirable to do so, the Court may make an interim order pending determination of an application under subsection (1). (4) The Court may rescind or vary an order or interim order made under this section. (5) The power of the Court to grant an order restraining a person from engaging in conduct contravening an enforceable provision may be exercised— (a) whether or not it appears to the Court that the person intends to contravene again, or to continue to contravene the enforceable provision; and (b) whether or not the person has previously contravened the enforceable provision; and (c) whether or not there is an imminent danger of substantial damage to any other person or to property if the person contravenes the enforceable provision. ***enforceable provision*** means— (a) a provision of the Law applying as a law of Victoria, or a provision of the Rules having the force of law in Victoria, as modified under an Order under section 16Y which— (i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision, as modified; or (ii) prohibits a person from doing a thing specified in the provision, as modified; or (b) a provision of an Order under section 16Y which— (i) imposes an obligation, duty or requirement on a person to do a thing specified in the provision; or (ii) prohibits a person from doing a thing specified in the provision. S. 16ZDB inserted by No. 33/2021 s. 18. 16ZDB Undertakings as to damages and costs If, in an application under section 16ZDA, the Supreme Court determines to grant an order restraining a person from engaging in specified conduct, the Court must not, as a condition of granting the order, require the Minister to give any undertaking as to damages or costs. S. 16ZE inserted by No. 10/2020 s. 4. 16ZE Recovery of augmentation related costs or non-network services costs specified in an Order (1) This section applies despite anything to the contrary in the Law or the Rules. (2) For the purposes of the Law and the Rules, augmentation related costs or non‑network services costs specified in an Order under section 16Y as recoverable through charges in respect of services specified in that Order may be recovered through such charges. S. 16ZF inserted by No. 10/2020 s. 4. 16ZF Augmentation related costs or non‑network services costs are a pass through event (1) This section applies if an Order under section 16Y provides that augmentation related costs or non-network services costs specified in the Order may be recovered as a pass through event. (2) For the purposes of the Law and the Rules, the augmentation related costs or non‑network services costs specified in the Order are taken to be a pass through event. S. 16ZG inserted by No. 10/2020 s. 4. 16ZG Orders are not legislative instruments An Order under section 16Y is not a legislative instrument for the purposes of the **Subordinate Legislation Act 1994**. S. 16ZH inserted by No. 10/2020 s. 4. 16ZH Authorisation of things done before commencement day as preparatory steps for making of Order (1) This section applies if the Minister does a thing before the commencement day that, if that thing were done on or after that day, would be a thing required to be done under this Division before making an Order under section 16Y (a ***preparatory step***). (2) For the purposes of this Division, on the commencement day the Minister is taken to have complied with the requirement to do the preparatory step. ***commencement day*** means the day on which the **National Electricity (Victoria) Amendment Act 2020** comes into operation. S. 16ZHA inserted by No. 38/2025 s. 26. 16ZHA Special Orders relating to National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025 (1) The Minister, by Order published in the Government Gazette, may amend an Order under section 16Y to give effect to the amendments made by the **National Electricity (Victoria) Amendment (VicGrid Stage 2 Reform) Act 2025** in relation to the functions of AEMO or VicGrid. (2) Any provision of this Act that applies in relation to an Order under section 16Y applies in the same way in relation to an Order— (a) that has been made under section 16Y; and (b) that has been amended by an Order under this section. (3) However, the Minister is not required— (a) to have regard to the matters referred to in section 16Z(1) when making an Order under this section; or (b) to consult with the Premier, the Treasurer, AEMO or VicGrid before making an Order under this section; or (c) to publish the Minister's reasons for making an Order under this section. (4) An Order under this section is not a legislative instrument for the purposes of the **Subordinate Legislation Act 1994**. S. 16ZI inserted by No. 10/2020 s. 4. 16ZI Review of operation of Division (1) The Minister must cause an independent review of the operation of this Division. (2) The review— (a) must consider— (i) whether it is necessary for the Division to continue to be in force; and (ii) if it is necessary for the Division to continue to be in force, whether the Division should be amended, having regard to— (A) the demand supply balance for electricity in Victoria; and (B) the regulatory investment tests applying under the Law or the Rules at the time of the review to augmentations of a transmission system; and (b) may consider any other matter that the Minister considers relevant. S. 16ZI(3) amended by No. 15/2024 s. 7. (3) The review must be conducted and completed before 31 December 2026. (4) A person who undertakes such a review must give the Minister a written report of the review by the date determined by the Minister. (5) The Minister must cause to be laid before each House of Parliament a copy of the report of the review. ***independent review*** means review by persons who in the opinion of the Minister have appropriate qualifications to conduct the review. S. 16ZIA inserted by No. 9/2026 s. 16. 16ZIA Certain requirements of Environment Effects Act 1978 not to apply to Orders Nothing in section 8C(1)(b) of the **Environment Effects Act 1978** prevents the Minister from making any Order under section 16Y. Pt 3 Div. 8 (Heading and ss 16ZJ–16ZM) inserted by No. 24/2023 s. 3. Division 8—Additional Victorian requirements for Ministerial T‑3 reliability instruments S. 16ZJ inserted by No. 24/2023 s. 3. 16ZJ Application of this Division (1) This Division applies when the Minister exercises the Minister's power under section 14JA of the National Electricity (Victoria) Law to make a T-3 reliability instrument. (2) Subject to this Division, the requirements of this Division are in addition to, and do not limit, section 14JA of the National Electricity (Victoria) Law. S. 16ZK inserted by No. 24/2023 s. 3. 16ZK Minister must have regard to certain matters in deciding whether to make a T‑3 reliability instrument (1) In deciding whether to make a T-3 reliability instrument, the Minister— (a) must have regard to— (i) the liquidity of the market for the trading of Victoria region electricity derivatives that could become MLO products if the Minister were to make the instrument; and (ii) the likelihood and consequence of multiple or critical generating units or transmission systems being available at any relevant time for the generation, or transmission, of electricity, as the case requires; and (iii) the impact on consumers of electricity if the Minister were to make the instrument; and (iv) any matter that is prescribed; and (b) may have regard to any other matter that the Minister considers relevant. ***generating unit*** has the meaning given by Chapter 10 of the National Electricity Rules; ***MLO product*** has the same meaning as in Part G of Chapter 4A of the National Electricity Rules; ***Victoria region*** means the region (within the meaning of section 14C of the National Electricity (Victoria) Law) determined under the Rules as the Victoria region; ***Victoria region electricity derivative*** means a derivative directly related to the purchase or sale, or price for the purchase or sale, of electricity from the wholesale exchange for supply and sale to end users in the Victoria region; ***wholesale exchange*** has the meaning given by section 14C of the National Electricity (Victoria) Law. S. 16ZL inserted by No. 24/2023 s. 3. 16ZL Minister to consult the Premier and Treasurer before making a T-3 reliability instrument Before making a T-3 reliability instrument, the Minister must consult the Premier and the Treasurer. S. 16ZM inserted by No. 24/2023 s. 3. 16ZM Minister must publish T-3 reliability instrument or variation and reasons in Government Gazette (1) On the same day the Minister publishes notice of the making of, or a variation to, a T-3 reliability instrument under section 14JA(6)(b) of the National Electricity (Victoria) Law, the Minister must publish in the Government Gazette the following— (a) the T-3 reliability instrument or the variation to which the notice relates; (b) the reasons for the making of the T‑3 reliability instrument or the variation to which the notice relates. (2) Subsection (1) applies despite section 14JA(6)(a) of the National Electricity (Victoria) Law. Pt 3A (Headings and ss 16ZN–16ZZE) inserted by No. 38/2025 s. 7. Part 3A—Modification of application of the National Electricity (Victoria) Law—VicGrid S. 16ZN inserted by No. 38/2025 s. 7. 16ZN Application Without limiting section 6, the National Electricity (Victoria) Law applies as a law of Victoria subject to this Part. Division 2—Modifications conferring VicGrid functions and powers under the Law S. 16ZO inserted by No. 38/2025 s. 7. 16ZO NEL definitions (1) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in the definition of ***adoptive jurisdiction***, in paragraph (b), for "AEMO" there were substituted "VicGrid"; and (b) in the definition of ***AER economic regulatory function or power***, in paragraph (a)(ii), for "AEMO" there were substituted "VicGrid"; and (c) in the definition of ***declared network functions***, for "AEMO's" there were substituted "VicGrid's". (2) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of ***jurisdictional system security coordinator*** there were inserted the following definition— "***landholder payment function***, in relation to VicGrid, means a function or power conferred on VicGrid under Part 7 of the *National Electricity (Victoria) Act 2005* of Victoria;". (3) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of ***revenue and pricing principles*** there were inserted the following definition— "***REZ planning function***, in relation to VicGrid, has the meaning given by section 51 of the *National Electricity (Victoria) Act 2005* of Victoria;". (4) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if for the definition of ***statutory functions*** there were substituted— "***statutory functions***— (a) in relation to AEMO, means functions or powers conferred under— (i) this Law or the Rules; or (ii) the National Gas Law, the National Gas Rules, or related subordinate legislation; and (b) in relation to VicGrid, means functions or powers conferred under this Law or the Rules;". (5) Section 2(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if after the definition of ***VENCorp*** there were inserted the following definition— "***VicGrid*** has the same meaning as in section 3(1) of the *National Electricity (Victoria) Act 2005* of Victoria;". S. 16ZP inserted by No. 38/2025 s. 7. 16ZP Declared network functions (1) The heading to Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) for "**Role**" there were substituted "**Roles**"; and (b) after "**AEMO**" there were inserted "**and VicGrid**". (2) Section 49(1)(g) of the National Electricity (Victoria) Law applies as a law of Victoria as if "or declared network functions (as the case requires)" were omitted. (3) Division 1 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if after section 49 there were inserted— "49AA AEMO to have qualified exemption for performing statutory functions (1) For performing statutory functions, AEMO— (a) is not required to be registered as a Registered participant; and (b) is not subject to the provisions of the Rules applicable to network service providers. (2) However— (a) a Rule applicable to a Registered participant or a network service provider extends (with or without modification) to AEMO if provision is made for its application (or modified application) to AEMO by the Rules; and (b) provision may be made for extending the application of such a Rule to AEMO even though AEMO does not own, control or operate a declared shared network.". (4) Division 2 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in the heading to Division 2, after "**AEMO's**" there were inserted "**and VicGrid's**"; and (b) in the heading to Subdivision 3 and the heading to section 50C, for "**AEMO's**" there were substituted "**VicGrid's**"; and (c) in section 50C(1), for "AEMO's declared network functions are as follows" there were substituted "The following functions are conferred on VicGrid"; and (d) after section 50C(1)(d) there were inserted— "(da) to carry out early works (within the meaning of the Rules), including the procurement of such works, for the purposes of augmentations of the declared shared network that will be procured by VicGrid; (db) to disclose information held by VicGrid to other persons or bodies in accordance with this Law, the Rules and the Regulations; (dc) REZ planning functions; (dd) landholder payment functions;"; and (e) after section 50C(2) there were inserted— "(3) VicGrid must, in carrying out functions referred to in subsection (1) (other than paragraphs (da), (db), (dc) and (dd) of that subsection), have regard to the national electricity objective."; and (f) in section 50D(1), for "AEMO" there were substituted "VicGrid"; and (g) in section 50D(1)(a), for "AEMO's" there were substituted "VicGrid's"; and (h) in section 50D(2), for "AEMO" (where twice occurring) there were substituted "VicGrid"; and (i) in the exception at the foot of section 50D(4), for "AEMO's" there were substituted "VicGrid's"; and (j) in section 50E(1)(a) and (3), for "AEMO" there were substituted "VicGrid"; and (k) in section 50F(1)(a) and (b), (2), (3) and (4)(b), for "AEMO" there were substituted "VicGrid"; and (l) in section 50F(4)(b), for "AEMO's" there were substituted "VicGrid's"; and (m) in the heading to section 50G, for "**AEMO**" there were substituted "**VicGrid**"; and (n) in section 50G(1), for "AEMO" there were substituted "VicGrid"; and (o) in section 50G(2)(a) and (b), for "AEMO" (where twice occurring) there were substituted "VicGrid"; and (p) in section 50H(1) and (4)(b), for "AEMO" there were substituted "VicGrid"; and (q) in section 50H(6), for "AEMO's" there were substituted "VicGrid's"; and (r) in section 50J(1), for "AEMO's" there were substituted "VicGrid's"; and (s) in section 50J(2) and (3), for "AEMO" there were substituted "VicGrid". S. 16ZQ inserted by No. 38/2025 s. 7. 16ZQ Fees and charges Section 52 of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in the heading to section 52, after "**AEMO**" there were inserted "**and VicGrid**"; (b) in subsection (1), after "AEMO" there were inserted "or VicGrid"; (c) in the note at the foot of subsection (3), after "AEMO" there were inserted "or VicGrid"; (d) in subsection (4) and the note at the foot of that subsection, after "AEMO's" there were inserted "or VicGrid's"; (e) in subsection (5), after "AEMO's" there were inserted "or VicGrid's". S. 16ZR inserted by No. 38/2025 s. 7. 16ZR Information gathering Division 5 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in section 53(1), (3) and (4)(a)(i), after "AEMO" there were inserted "or VicGrid"; and (b) for section 53(2) there were substituted— "(2) A ***relevant function*** is— (a) for AEMO— (i) an NTP function; or (ii) an additional advisory function; or (iii) any other statutory function for which this Law authorises AEMO to gather information by means of a market information instrument; (b) for VicGrid— (i) a declared network function (other than the function conferred under section 50C(1)(db)); or (ii) a function for which this Law authorises VicGrid to gather information by means of a market information instrument."; and (c) in section 53A(1), after "AEMO" there were inserted "or VicGrid"; and (d) in section 53A(2), after "AEMO's" there were inserted "or VicGrid's"; and (e) in section 53B(1) and (2)(a), after "AEMO" (where twice occurring) there were inserted "or VicGrid"; and (f) in section 53B(3), after "AEMO" there were inserted "or VicGrid"; and (g) in section 53C(1)(a), after "AEMO's" there were inserted "or VicGrid's"; and (h) in section 53C(2)— (i) after "AEMO" there were inserted "or VicGrid"; (ii) after "order" there were inserted "that they have issued"; and (i) in section 53D— (ii) for "its" there were substituted "their". S. 16ZS inserted by No. 38/2025 s. 7. 16ZS Protected information Division 6 of Part 5 of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in the heading to Subdivision 1, after "**AEMO's**" there were inserted "**and VicGrid's**"; and (b) after section 54(1) there were inserted— "(1a) VicGrid must take all reasonable measures to ensure it does not make unauthorised use, or an unauthorised disclosure, of information (***protected information***)— (a) given to it in confidence; or (b) given to it in connection with the performance of its declared network functions."; and (c) in section 54(2), (3) and (4), after "AEMO" there were inserted "or VicGrid"; and (d) in the note at the foot of section 54(2), after "AEMO" there were inserted "or VicGrid"; and (e) in the heading to Subdivision 2, after "**AEMO**" there were inserted "**or VicGrid**"; and (f) in section 54A(1) and (2), after "AEMO" there were inserted "or VicGrid"; and (g) in section 54B, after "AEMO" there were inserted "or VicGrid"; and (h) in section 54C(2), after "information" there were inserted "by AEMO"; and (i) after section 54C(2)(ed) there were inserted— "(ee) VicGrid;" and (j) after section 54C(2) there were inserted— "(2a) The disclosure of protected information by VicGrid to any of the following is authorised: (a) the Australian Competition and Consumer Commission; (b) the Australian Energy Regulator; (c) the Australian Energy Market Commission; (d) AEMO; (e) the Energy Security Board; (f) a jurisdictional regulator; (g) the Australian Bureau of Statistics; (h) the Clean Energy Regulator; (i) each department responsible for the administration of the application Act of a participating jurisdiction; (j) the Minister of a participating jurisdiction; (k) the energy ombudsman; (l) a prescribed body; (m) a person or body who— (i) satisfies any requirements or criteria prescribed for the purposes of this paragraph; or (ii) is a member of a class of persons or bodies prescribed for the purposes of this paragraph; (n) any staff or consultant assisting a body mentioned above in performing its functions or exercising its powers."; and (k) after section 54C(5) there were inserted— "(5a) Subject to any conditions imposed under subsection (5b), a person or body to whom protected information is disclosed under subsection (2a) may use the information for any purpose connected with the performance of the functions, or the exercise of the powers, of the person or body. (5b) VicGrid may impose conditions to be complied with in relation to protected information disclosed under subsection (2a). (5c) Subject to any conditions imposed under subsection (5b), the disclosure of protected information by a person in the ordinary course of carrying out functions as an officer or employee of, or consultant to, a body mentioned in subsection (2b) is authorised."; and (l) in section 54CA(1), (3), (4) and (7)(a), after "AEMO" there were inserted "or VicGrid"; and (m) in the heading to section 54CB, after "**AEMO**" there were inserted "**or VicGrid**"; and (n) in section 54CB, after "AEMO" there were inserted "or VicGrid"; and (o) in section 54D, after "AEMO" there were inserted "or VicGrid"; and (p) in section 54E(1) and (2), after "AEMO" there were inserted "or VicGrid"; and (q) in section 54F, after "AEMO" there were inserted "or VicGrid"; and (r) in section 54FA— (ii) after "Rules" there were inserted ", or the *National Electricity (Victoria) Act 2005* of Victoria or regulations or an Order in Council made under that Act,"; and (s) after section 54G(2) there were inserted— "(2a) VicGrid is authorised to disclose protected information if— (a) the disclosure is necessary for— (i) the safety, reliability or security of the supply of electricity; or (ii) the safety, reliability or security of the national electricity system; or (b) the disclosure is necessary for the proper operation of the national electricity market; or (c) the information is in the public domain. (2b) VicGrid may impose conditions to be complied with in relation to information disclosed under subsection (2a)(a) or (b)."; and (t) in section 54H(1), after "AEMO" (where twice occurring) there were inserted "or VicGrid"; and (u) in section 54H(2), (3) and (6), after "AEMO" (wherever occurring) there were inserted "or VicGrid"; and (v) in section 54H(2)(b), (3)(b) and (6)(b), after "AEMO's" there were inserted "or VicGrid's"; and (w) in section 54H(4) and (7), after "AEMO" there were inserted "or VicGrid"; and (x) in section 54H(7a), after "AEMO's" (wherever occurring) there were inserted "or VicGrid's". Division 3—Other modifications related to conferral of VicGrid functions and powers under the Law S. 16ZT inserted by No. 38/2025 s. 7. 16ZT Meaning of civil penalty provision and conduct provision Section 2AA(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in paragraph (c), for "provision." there were substituted "provision; or"; and (b) after paragraph (c) there were inserted— "(d) a provision of the *National Electricity (Victoria) Act 2005* of Victoria or the National Electricity Rules or a condition to which a grid impact authority or REZ scheme authority is subject that is prescribed by regulations made under the *National Electricity (Victoria) Act 2005* of Victoria.". S. 16ZU inserted by No. 38/2025 s. 7. 16ZU Civil penalty amounts for breaches of civil penalty provisions Section 2AB(1)(b) of the National Electricity (Victoria) Law applies as a law of Victoria as if after "Regulations" there were inserted ", or a breach of a civil penalty provision mentioned in section 2AA(1)(d) and prescribed by regulations made under the *National Electricity (Victoria) Act 2005* of Victoria,". S. 16ZV inserted by No. 38/2025 s. 7. 16ZV Functions and powers of AER under the Law (1) Section 15(1)(a) of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in subparagraph (iii), for "the Regulations or a transmission determination" there were substituted "or the Regulations"; and (b) after subparagraph (iii) there were inserted— "(iv) VicGrid with this Law, the Rules, the Regulations or a transmission determination; and". (2) Section 15(3) of the National Electricity (Victoria) Law applies as a law of Victoria as if after "AEMO" (wherever occurring) there were inserted "or VicGrid". S. 16ZW inserted by No. 38/2025 s. 7. 16ZW Manner in which AER performs AER economic regulatory functions or powers Section 16(1)(b) of the National Electricity (Victoria) Law applies as a law of Victoria as if after subparagraph (iii) there were inserted— "(iiia) if VicGrid is affected by the determination—VicGrid; and". S. 16ZX inserted by No. 38/2025 s. 7. 16ZX Applications for judicial review Section 70(1) of the National Electricity (Victoria) Law applies as a law of Victoria as if in paragraphs (a), (b) and (c), for "or AEMO" there were substituted ", AEMO or VicGrid". S. 16ZY inserted by No. 38/2025 s. 7. 16ZY Definitions for the purposes of Division 3A of Part 6 Section 71A of the National Electricity (Victoria) Law applies as a law of Victoria as if in the definition of ***information disclosure decision***— (a) in paragraph (b), after "section 54H;" there were inserted "or"; and (b) after paragraph (b) there were inserted— "(c) a decision to disclose information made by VicGrid under section 54H other than a decision to disclose information given to VicGrid in connection with the performance of— (i) a REZ planning function; or (ii) a landholder payment function;". S. 16ZZ inserted by No. 38/2025 s. 7. 16ZZ Determination in the review Section 71U(2)(b) and (c), (3) and (4) of the National Electricity (Victoria) Law apply as a law of Victoria as if for "or AEMO" there were substituted ", AEMO or VicGrid". S. 16ZZA inserted by No. 38/2025 s. 7. 16ZZA Assistance from AER, AEMO or VicGrid Section 71W of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in the heading to section 71W, for "**or AEMO**" there were substituted "**, AEMO or VicGrid**"; and (b) for "or AEMO" there were substituted ", AEMO or VicGrid". S. 16ZZB inserted by No. 38/2025 s. 7. 16ZZB Obligations under Rules to make payments Section 72 of the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in subsection (1)(a), after "AEMO" there were inserted ", VicGrid"; and (b) in subsection (1)(b)— (ii) for "participant," there were substituted "participant; or"; and (c) after subsection (1)(b) there were inserted— "(c) AEMO is required to pay an amount to VicGrid; or (d) VicGrid is required to pay an amount to AEMO,"; and (d) in subsection (1), for ", or AEMO (as the case requires)," there were substituted ", AEMO or VicGrid (as the case requires)"; and (e) in subsection (2)— (i) after "AEMO" (where first occurring) there were inserted ", VicGrid"; and (ii) after "AEMO" (where secondly occurring) there were inserted "or VicGrid"; and (iii) after "participant," there were inserted "or one another,"; and (f) in subsection (2)(a), after "AEMO" there were inserted "or VicGrid"; and (g) in subsection (2)(b), for ", or AEMO (as the case requires)," there were substituted ", AEMO or VicGrid (as the case requires)"; and (h) in subsection (3), after "AEMO" there were inserted "or VicGrid"; and (i) in subsection (4), in the definition of ***civil claim Rule dispute***— (ii) after "person," there were inserted "or between AEMO and VicGrid,". S. 16ZZC inserted by No. 38/2025 s. 7. 16ZZC Definitions for the purposes of Part 7 Section 87 of the National Electricity (Victoria) Law applies as a law of Victoria as if in the definition of ***electricity market regulatory body***, after paragraph (b) there were inserted— "(ba) VicGrid;". S. 16ZZD inserted by No. 38/2025 s. 7. 16ZZD Immunity in relation to failure to supply electricity Section 120 of the National Electricity (Victoria) Law applies as a law of Victoria as if after subsection (3) there were inserted— "(3a) A reference in subsection (3)(a) to a function of AEMO under this Law does not include a reference to a function referred to in section 68(1) of the *National Electricity (Victoria) Act 2005* of Victoria. AEMO functions under section 68(1) of the *National Electricity (Victoria) Act 2005* of Victoria are functions conferred on AEMO for the purposes of section 49(1) of the Law—see section 49(1)(h) of the Law.". S. 16ZZE inserted by No. 38/2025 s. 7. 16ZZE Schedule 2—Miscellaneous provisions relating to interpretation (1) The heading to clause 31AF of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if after "**AEMO**" there were inserted "**and VicGrid**". (2) Clause 31AF(1) of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if— (a) in paragraph (a), after "AEMO" there were inserted "or VicGrid"; and (b) in paragraph (c), after "AEMO's" there were inserted "or VicGrid's". (3) Clause 31AF of Schedule 2 to the National Electricity (Victoria) Law applies as a law of Victoria as if for subclause (2) there were substituted— "(2) For this clause, an ***authorised officer*** is— (a) AEMO's CEO or a person authorised by AEMO's CEO to issue certificates under this clause; or (b) VicGrid's CEO or a person authorised by VicGrid's CEO to issue certificates under this clause.". Pt 4 (Heading and ss 17–29) inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 ss 43, 44).