3Definitions

3 Definitions (1) In this Act— ***accredited person*** means a person accredited under Division 1 of Part 3; S. 3(1) def. of *AEMO* inserted by No. 23/2009 s. 35(1). ***AEMO*** means Australian Energy Market Operator Limited (ACN 072 010 327); ***approved interstate energy efficiency regime*** means a law of another State or a Territory approved under section 8; S. 3(1) def. of *assurance audit* inserted by No. 34/2022 s. 49. ***assurance audit*** means an audit conducted under Division 2 of Part 7A; S. 3(1) def. of *assurance audit schedule* inserted by No. 34/2022 s. 49. ***assurance audit schedule*** means a schedule published in accordance with section 55K; ***business day*** means a day other than a Saturday or Sunday or a public holiday appointed under the **Public Holidays Act 1993**; ***carried forward surplus*** has the meaning given by section 29(2)(c); ***certificate*** means an energy efficiency certificate created under Division 3 of Part 3; S. 3(1) def. of *code of conduct* inserted by No. 34/2022 s. 33. ***code of conduct*** means a code of conduct prescribed in accordance with section 14G; S. 3(1) def. of *competent and capable person* inserted by No. 34/2022 s. 4. ***competent and capable person*** means a person who is competent and capable for the purposes of this Act, having regard to the matters specified in section 10C; S. 3(1) def. of *compliance audit* inserted by No. 34/2022 s. 49. ***compliance audit*** means an audit conducted under Division 1 of Part 7A; S. 3(1) def. of *contractor* inserted by No. 34/2022 s. 33. ***contractor*** includes a subcontractor; S. 3(1) def. of *CPD obligations* inserted by No. 34/2022 s. 4. ***CPD obligations*** means continuing professional development obligations specified in the ESC guidelines for the purposes of section 14F; ***energy acquisition statement*** means an energy acquisition statement under section 33; ***energy efficiency certificate shortfall*** has the meaning given by section 29(2)(a); ***energy efficiency shortfall penalty*** has the meaning given by section 28; ***ESC*** means the Essential Services Commission established under section 7 of the **Essential Services Commission Act 2001**; ***ESC guidelines*** means the guidelines made by the ESC under section 74; S. 3(1) def. of *Essential Services Commission Enforcement Fund* inserted by No. 41/2021 s. 73. ***Essential Services Commission Enforcement Fund*** means the fund established by section 54ZP of the **Essential Services Commission Act 2001**; S. 3(1) def. of *finding of guilt* inserted by No. 34/2022 s. 4. ***finding of guilt*** has the meaning given by section 4 of the **Worker Screening Act 2020**; S. 3(1) def. of *fit and proper person* inserted by No. 34/2022 s. 4. ***fit and proper person*** means— (a) a natural person who is fit and proper for the purposes of this Act, having regard to the matters specified in section 10B; or (b) a body corporate that is fit and proper for the purposes of this Act, having regard to the matters specified in section 10B in relation to the body corporate and any officer of the body corporate; ***gas*** has the same meaning as it has under section 3 of the **Gas Industry Act 2001**; ***GJ*** means a gigajoule of energy from the combustion of gas; ***greenhouse gas*** means— (a) carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons and perfluorocarbons; and (b) any other gas prescribed to be a greenhouse gas; ***greenhouse gas reduction rate*** means a rate fixed by Order under section 32(2) or in accordance with section 32(3); S. 3(1) def. of *human health* inserted by No. 15/2025 s. 17. ***human health*** includes psychological health; S. 3(1) def. of *improvement notice* inserted by No. 15/2025 s. 17. ***improvement notice***—see section 40AB(1); S. 3(1) def. of *independent auditor* inserted by No. 34/2022 s. 49. ***independent auditor*** means an auditor included in the list of independent auditors; S. 3(1) def. of *list of independent auditors* inserted by No. 34/2022 s. 49. ***list of independent auditors*** means the list published by the ESC in accordance with section 55L; ***monitoring warrant*** means a warrant issued under section 55; ***MWh*** means megawatt hour; S. 3(1) def. of *NEMMCO* repealed by No. 23/2009 s. 35(2). ***occupier*** in relation to premises, includes a person present at the premises who is in apparent control of the premises; S. 3(1) def. of *pending charge* inserted by No. 34/2022 s. 4. ***pending charge*** has the meaning given by section 6 of the **Worker Screening Act 2020**; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 178.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; ***premises*** includes the following— (a) a structure, building or vehicle; (b) a place (whether enclosed or built on or not); (c) a part of a thing referred to in paragraph (a) or (b); ***prescribed*** means prescribed by the regulations; ***prescribed activity*** means an activity which is prescribed to be a prescribed activity in accordance with section 15; ***prescribed greenhouse gas scheme*** means— (a) a voluntary offset scheme; or (b) a mandatory greenhouse gas scheme; or (c) any other arrangement— which promotes the reduction of greenhouse gas emissions and which is prescribed for the purposes of this Act; ***produce*** includes permit access to; S. 3(1) def. of *prohibition notice* inserted by No. 15/2025 s. 24. ***prohibition notice***—see section 40AC(1); ***register of accredited persons*** has the meaning given by section 58; ***register of energy efficiency certificates*** has the meaning given by section 59; ***registration number*** has the meaning given by section 13; S. 3(1) def. of *regulated action* inserted by No. 34/2022 s. 33. ***regulated action***, in relation to a prescribed activity, means any of the following— (a) lead generation for the prescribed activity; (b) marketing of the prescribed activity; (c) entering into a contract for the sale or supply of the prescribed activity; (d) undertaking the prescribed activity or any part of the prescribed activity; (e) undertaking any follow-up activity that relates to a prescribed activity; S. 3(1) def. of *relevant entity* substituted by No. 35/2013 s. 16. ***relevant entity*** means a person— (a) who sells either electricity or gas, or both electricity and gas, to customers; and (b) who makes a scheme acquisition in connection with the sale of either electricity or gas, or the sale of both electricity and gas, to customers; and (c) who— (i) has 5000 or more customers to whom either electricity or gas is, or both electricity and gas are, sold to in Victoria; or (ii) makes a scheme acquisition of 30 000 MWh or more of electricity; or (iii) makes a scheme acquisition of 350 000 GJ or more of gas— but does not include a person prescribed not to be a relevant entity for the purposes of this Act; S. 3(1) def. of *scheme acquisition* amended by No. 23/2009 s. 35(3). ***scheme acquisition*** means the purchase for on‑sale to a prescribed customer or prescribed class of customers in Victoria of— (a) electricity from AEMO or a person or body prescribed for the purposes of this paragraph but does not include any acquisition of electricity by AEMO; (b) gas from a producer, storage provider or interconnected pipeline operator (within the meaning of the National Gas Rules) or from AEMO or a person or body prescribed for the purposes of this paragraph but does not include any acquisition of gas by AEMO; S. 3(1) def. of *scheme participant* inserted by No. 34/2022 s. 33. ***scheme participant*** has the meaning given by section 3A; ***VEET scheme*** means the scheme established by this Act; S. 3(1) def. of *VEET scheme registry account* inserted by No. 34/2022 s. 20. ***VEET scheme registry account*** means an account maintained by the ESC for the holding, transfer and surrender of energy efficiency certificates; ***VEET scheme target*** means the VEET scheme target under section 30; S. 3(1) def. of *VENCorp* repealed by No. 23/2009 s. 35(2). ***warrant premises***, in relation to a monitoring warrant, means the premises to which the warrant relates; ***year*** means calendar year. (2) For the purposes of this Act, electricity or gas is taken to be a good that can be acquired. (3) For the purposes of this Act, the ***carbon dioxide equivalent of a greenhouse gas*** means the tonnes of carbon dioxide that have the same global warming potential as a tonne of the greenhouse gas. S. 3A inserted by No. 34/2022 s. 34.