78 Reviewable decisions—Victorian Energy Efficiency Target Amendment Act 2022
(1) Despite the amendment of Division 1 of Part 8 by Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022, that Division, as in force immediately before the commencement date, continues to apply to the review by the ESC of a reviewable decision that is on foot on the commencement date.
(2) Subject to subsection (1), section 56, as amended by Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022, applies to a decision of the ESC made before, on or after the commencement date.
(3) Section 56B, as inserted by Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022, applies to a reviewable decision for which the ESC has made a decision under section 56(4) on or after the commencement date.
commencement date means the date of commencement of Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022.
S. 78AA inserted by No. 34/2022 s. 55.
78AA References to revoke or revocation—Victorian Energy Efficiency Target Amendment Act 2022
A reference in regulations made under this Act or any instrument made under or in relation to this Act—
(a) to "revoke" is taken to be a refence to "cancel"; and
(b) to "cancellation" is taken to be a reference to "revocation".
S. 78AB inserted by No. 34/2022 s. 55.
78AB Assurance audit schedule—Victorian Energy Efficiency Target Amendment Act 2022
The ESC must prepare an assurance audit schedule in accordance with section 55K before the first anniversary of the commencement of section 52 of the Victorian Energy Efficiency Target Amendment Act 2022.
New s. 79 inserted by No. 15/2025 s. 54.
79 Savings provision—Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025
(1) If, immediately before the commencement date, a relevant entity may lodge an energy acquisition statement on a day allowed by the ESC for the purposes of section 33(1)(b), on and after the commencement date that allowed day is taken to be approved by the ESC in accordance with section 33(1B).
(2) Subsection (1) does not apply to a day allowed for the purposes of section 33(1)(b) that is later than 30 June 2025.
(3) In this section—
amending Act means the Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025;
Section 78 - Victorian Energy Efficiency Target Act 2007 - Reviewable decisions—Victorian Energy Efficiency Target Amendment Act 2022 | Zoe
commencement date means the day on which Part 11 of the amending Act comes into operation.
Pt 9 (Heading and ss 77–79) repealed by No. 70/2007 s. 79.
Sch. 1 inserted by No. 34/2022 s. 47.
Sch. 1 (Table) amended by Nos 34/2022 ss 29, 37, 44, 15/2025 ss 23, 30, 33, 36, 59, 60(5).
Schedule 1—Table of civil penalty requirements and civil penalty amounts
Table of civil penalty requirements and civil penalty amounts
1
2
3
4
5
Item
Description of civil penalty requirement
Provision of this Act that is a civil penalty requirement
Regulated entity
Civil penalty amount
1AA
Undertaking a prescribed activity without complying with training and competency requirements and providing evidence of compliance
section 14FA(1)
scheme participant
60 penalty units for natural person;<br>240 penalty units for body corporate
1AAB
Undertaking a regulated action without complying with training and competency requirements and providing evidence of compliance
section 14FA(2)
scheme participant
60 penalty units for natural person;<br>240 penalty units for body corporate
1AAC
Providing information to an accredited person that purports to be evidence of compliance and that is false or misleading in a material particular
section 14FA(4)
scheme participant
30 penalty units for natural person;<br>120 penalty units for body corporate
1
Breach of prescribed code of conduct requirement
section 14H
accredited person or scheme participant
60 penalty units for natural person;<br>240 penalty units for body corporate
2
Undertaking a prescribed activity without accreditation or outside of scope of accreditation
section 15A
accredited person or person who is not accredited to undertake the prescribed activity
60 penalty units for natural person;<br>240 penalty units for body corporate
3
Undertaking a prescribed activity on behalf of person who does not have accreditation or outside of scope of their accreditation
section 15B
scheme participant
60 penalty units for natural person;<br>240 penalty units for body corporate
4
Creation of more than one certificate in respect of reduction of greenhouse gas emissions
section 20(5)(a)
accredited person
60 penalty units for natural person;<br>240 penalty units for body corporate
5
Creation of certificate in respect of a prescribed activity for which a benefit has already been obtained
section 20(6)
accredited person
60 penalty units for natural person;<br>240 penalty units for body corporate
5A
Creation of certificate that contains incorrect information or does not comply with requirements of this Act or the regulations
section 20(8)
accredited person
60 penalty units for natural person;<br>240 penalty units for body corporate
6
Creation of certificate in breach of a condition or restriction on accreditation
section 20A
accredited person
60 penalty units for natural person;<br>240 penalty units for body corporate
7
Holding a certificate without a VEET scheme registry account
section 26O
any person
60 penalty units for natural person;<br>240 penalty units for body corporate
8
Transferring or surrendering a certificate while VEET scheme registry account is cancelled or suspended without authority to do so
section 26P
account holder
60 penalty units for natural person;<br>240 penalty units for body corporate
9
Failure to pay shortfall penalty in accordance with shortfall statement
section 37A
relevant entity
240 penalty units for body corporate
10
Failure to comply with a certificate surrender order issued under section 38(1)
section 38(2)
accredited person to whom the ESC has issued a certificate surrender notice in accordance with section 38(1)
600 penalty units and an additional penalty unit for each certificate not surrendered
11
Failure to comply with a certificate surrender notice issued under section 40(1)
section 40(2)
person to whom the ESC has issued a certificate surrender notice in accordance with section 40(1)
600 penalty units and an additional penalty unit for each certificate not surrendered
12
Failure to comply with an improvement notice
section 40AB(5)
person to whom the ESC has issued an improvement notice
60 penalty units for natural person;<br>240 penalty units for body corporate
13
Failure to comply with a prohibition notice
section 40AC(4)
person to whom the ESC has issued a prohibition notice
60 penalty units for natural person;<br>240 penalty units for body corporate
14
Giving false or misleading information or producing a false or misleading document
section 68(2)
any person
60 penalty units for natural person;<br>240 penalty units for body corporate
15
Contravention of record keeping requirements
section 72(7)
accredited person or relevant entity
60 penalty units for natural person;<br>240 penalty units for body corporate
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: 1 November 2007
Legislative Council: 21 November 2007
The long title for the Bill for this Act was "A Bill for an Act to promote the reduction of greenhouse gas emissions by establishing the Victorian Energy Efficiency Target scheme and to amend the Essential Services Commission Act 2001 to confer functions on the Essential Services Commission and for other purposes."
The Victorian Energy Efficiency Target Act 2007 was assented to on 11 December 2007 and came into operation on 1 January 2009: section 2(2).
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 Victorian Energy Efficiency Target Act 2007 by Acts and subordinate instruments.
Victorian Energy Efficiency Target Act 2007, No. 70/2007
| Assent Date: | 11.12.07 |
| Commencement Date: | S. 79 on 1.1.10: s. 79; s. 75A(6) inserted on 1.7.23 by No. 34/2022 s. 67: Special Gazette (No. 333) 27.6.23 p. 1 |
| Note: | S. 75A(6) repealed s. 75A on 1.7.25 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009
| Assent Date: | 17.6.09 |
| Commencement Date: | S. 35 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
| Assent Date: | 14.9.10 |
| Commencement Date: | S. 85 on 15.9.10: s. 2(2); s. 84 on 14.10.10: Government Gazette 14.10.10 p. 2404 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Mineral Resources Amendment (Sustainable Development) Act 2010, No. 59/2010
| Assent Date: | 14.9.10 |
| Commencement Date: | Ss 52, 53 on 14.10.10: Government Gazette 14.10.10 p. 2405 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011
| Assent Date: | 8.11.11 |
| Commencement Date: | Ss 24–33 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013
| Assent Date: | 18.6.13 |
| Commencement Date: | Ss 16–21 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 178) 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 Victorian Energy Efficiency Target Act 2007 |
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
| Assent Date: | 27.6.14 |
| Commencement Date: | S. 33(Sch. item 32) on 30.6.14: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
| Assent Date: | 18.11.15 |
| Commencement Date: | Ss 3–5 on 1.1.16: s. 2 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017
| Assent Date: | 14.2.17 |
| Commencement Date: | Ss 21, 22 on 1.1.18: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 134) on 1.3.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Energy Legislation Amendment Act 2021, No. 33/2021
| Assent Date: | 14.9.21 |
| Commencement Date: | Ss 21, 22 on 15.9.21: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
| Assent Date: | 19.10.21 |
| Commencement Date: | Ss 73–77 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Victorian Energy Efficiency Target Amendment Act 2022, No. 34/2022
| Assent Date: | 23.8.22 |
| Commencement Date: | Ss 4−19, 30−58, 67 on 1.7.23: Special Gazette (No. 333) 27.6.23 p. 1; ss 20–29, 59–66 on 1.11.23: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023, No. 12/2023
| Assent Date: | 6.6.23 |
| Commencement Date: | Ss 6–10 on 1.11.23: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 \ |
Statute Law Revision Act 2024, No. 13/2024
| Assent Date: | 23.4.24 |
| Commencement Date: | S. 3(Sch. 1 item 13) on 24.4.24: s. 2 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |
Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025, No. 15/2025
| Assent Date: | 20.5.25 |
| Commencement Date: | Ss 8–11, 37–48, 54 on 21.5.25: s. 2(1); ss 4–7, 17–36, 49–53, 55–60 on 1.7.25: Special Gazette (No. 322) 24.6.25 p. 1 |
| Current State: | This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 |