26ESC cannot enforce Victorian pricing determination or certain distribution licence conditions

26 ESC cannot enforce Victorian pricing determination or certain distribution licence conditions S. 26(1) amended by No. 41/2021 s. 130. (1) On and from the transitional period commencement date, the ESC cannot make or serve a provisional order or a final order under section 53 of the **Essential Services Commission Act 2001**, as in force immediately before the commencement of section 6 of the **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021**, in respect of a contravention or likely contravention by a relevant distributor of, as the case requires— (a) a Victorian distribution pricing determination; or (b) a condition of a distribution licence that requires compliance with— (i) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by a relevant distributor); or (ii) a code or a guideline published by the ESC that relates to the economic regulation of the provision of distribution services by a distributor. S. 26(2) inserted by No. 11/2013 s. 18. (2) Subsection (1) does not apply to a contravention or likely contravention by a relevant distributor of a condition of the distribution licence held by that distributor that requires compliance with an ESC enforceable regulatory requirement. S. 27 inserted by No. 66/2007 s. 5.