78Reviewable decisions—Victorian Energy Efficiency Target Amendment Act 2022

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**; ***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](http://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** | **Victorian Energy Efficiency Target Amendment (Saving Energy, Growing Jobs) Act 2015, No. 61/2015** | *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** | **Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021** | 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** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.