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This is a Bill, not an Act. For current law, see the Acts databases.


Energy Legislation Amendment Bill 2023

          Energy Legislation Amendment Act 2023
                               No.         of 2023


                       TABLE OF PROVISIONS
Clause                                                           Page

Part 1--Preliminary                                                 1
 1       Purposes                                                  1
 2       Commencement                                              2
Part 2--Amendment of National Electricity (Victoria) Act 2005       3
 3       New Division 8 of Part 3 inserted                         3
 4       Statute law revision                                      5
Part 3--Amendment of National Gas (Victoria) Act 2008               6
 5  Section 16A substituted                                        6
 6  Declared metering requirement                                  7
 7  Certain defined terms for the purposes of the National Gas
    (Victoria) Law and National Gas Rules                           8
 8 New Division 3 of Part 7 inserted                                8
 9 New Schedule 2 inserted                                          9
 10 Statute law revision                                           10
Part 4--Repeal of this Act                                          11
 11 Repeal of this Act                                             11
                               ═════════════
Endnotes                                                           12
 1       General information                                       12




                                       i
      Energy Legislation Amendment
                Act 2023 
                    No.           of 2023

                           [Assented to                       ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The main purposes of this Act are--
              (a) to amend the National Electricity (Victoria)
                  Act 2005 to incorporate decision making
                  requirements that will apply to the Minister
                  when deciding whether to make a
                  T-3 reliability instrument under the National
                  Electricity (Victoria) Law; and




                              1
      Energy Legislation Amendment Act 2023
                 No.      of 2023
               Part 1--Preliminary


      (b) to amend the National Gas (Victoria)
          Act 2008--
            (i) to enable regulations to be made that
                prescribe a civil penalty for a breach of
                a declared system provision that is
                prescribed to be a civil penalty
                provision; and
           (ii) to make further modifications to the
                National Gas (Victoria) Law as it
                applies as a law of Victoria to enable
                the Supreme Court to make an order
                that a person pay a civil penalty for a
                breach of a declared system provision
                that is prescribed to be a civil penalty
                provision; and
           (iii) to update references to the ESC Gas
                 Distribution System Code in Part 6 of
                 that Act.
2 Commencement
     This Act comes into operation on the day after the
     day on which it receives the Royal Assent.




                       2
            Energy Legislation Amendment Act 2023
                       No.      of 2023
  Part 2--Amendment of National Electricity (Victoria) Act 2005



Part 2--Amendment of National Electricity
         (Victoria) Act 2005
  3 New Division 8 of Part 3 inserted
           After Division 7 of Part 3 of the National
           Electricity (Victoria) Act 2005 insert--

                "Division 8--Additional Victorian
                  requirements for Ministerial
                   T-3 reliability instruments
         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.
        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




                               3
          Energy Legislation Amendment Act 2023
                     No.      of 2023
Part 2--Amendment of National Electricity (Victoria) Act 2005


                      (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.
          (2) In this section--
               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.




                             4
          Energy Legislation Amendment Act 2023
                     No.      of 2023
Part 2--Amendment of National Electricity (Victoria) Act 2005


      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.
      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.".
4 Statute law revision
         In section 3(1) of the National Electricity
         (Victoria) Act 2005, in the definition of
         Department, for "Environment, Land, Water and
         Planning" substitute "Energy, Environment and
         Climate Action".




                             5
         Energy Legislation Amendment Act 2023
                    No.      of 2023
  Part 3--Amendment of National Gas (Victoria) Act 2008



Part 3--Amendment of National Gas
       (Victoria) Act 2008
5 Section 16A substituted
        For section 16A of the National Gas (Victoria)
        Act 2008 substitute--
      "16A Regulations
        (1) The Governor in Council may make
            regulations for or with respect to the
            following--
               (a) prescribing a provision of the declared
                   system provisions to be--
                     (i) a civil penalty provision; or
                    (ii) a conduct provision;
               (b) prescribing a civil penalty for a breach
                   of a declared system provision that is
                   prescribed to be a civil penalty
                   provision.
             Note
             The terms declared system provisions, civil penalty
             provision and conduct provision are defined in the
             National Gas (Victoria) Law.
        (2) The regulations may--
               (a) be of general or limited application;
               (b) differ according to differences in time,
                   place or circumstances;
               (c) confer a discretionary authority or
                   impose a duty on a specified person or
                   a specified class of person.".




                           6
         Energy Legislation Amendment Act 2023
                    No.      of 2023
  Part 3--Amendment of National Gas (Victoria) Act 2008


6 Declared metering requirement
   (1) In section 42(1) of the National Gas (Victoria)
       Act 2008--
         (a) for "ESC Gas Distribution System Code"
             substitute "ESC Gas Distribution System
             Code of Practice";
         (b) for "that Code" substitute "that Code of
             Practice".
   (2) In section 42(2) of the National Gas (Victoria)
       Act 2008--
         (a) for "ESC Gas Distribution System Code"
             substitute "ESC Gas Distribution System
             Code of Practice";
         (b) for "that Code" substitute "that Code of
             Practice";
         (c) for "the Code" substitute (where twice
             occurring) "the Code of Practice".
   (3) For section 42(3) of the National Gas (Victoria)
       Act 2008 substitute--
       "(3) In this section--
             ESC Gas Distribution System Code of
                 Practice means the ESC Gas
                 Distribution System Code of Practice
                 made by the ESC under Part 6 of the
                 Essential Services Commission
                 Act 2001 as amended from time to
                 time.".




                           7
         Energy Legislation Amendment Act 2023
                    No.      of 2023
  Part 3--Amendment of National Gas (Victoria) Act 2008


7 Certain defined terms for the purposes of the
  National Gas (Victoria) Law and National Gas
  Rules
        In section 45 of the National Gas (Victoria)
        Act 2008, in the definition of declared metering
        requirement--
         (a) for "ESC Gas Distribution System Code"
             substitute "ESC Gas Distribution System
             Code of Practice";
         (b) for "that Code" substitute "that Code of
             Practice".
8 New Division 3 of Part 7 inserted
        After Division 2 of Part 7 of the National Gas
        (Victoria) Act 2008 insert--

          "Division 3--General modifications to
                       the NGL
         70 Definitions
             In this Division--
             NGL means the National Gas Law set out in
                the Schedule to the South Australian
                Act as in force for the time being.
         71 Application of certain provisions of the
            South Australian Act
             Despite section 7, the modifications to the
             NGL set out in Schedule 2 have effect.".




                           8
         Energy Legislation Amendment Act 2023
                    No.      of 2023
  Part 3--Amendment of National Gas (Victoria) Act 2008


9 New Schedule 2 inserted
        After Schedule 1 to the National Gas (Victoria)
        Act 2008 insert--

        'Schedule 2--General modifications
                   to the NGL
                                                     Section 71
          1 AER proceedings for breaches of this
            Law, Regulations or the Rules that are not
            offences
               1.1 Section 231(2) of the NGL applies as a
                   law of Victoria as if for paragraph (a)
                   there were substituted--
                    "(a) in the case of a breach of a civil
                         penalty provision (other than a
                         declared system provision that is
                         prescribed by or under the
                         application Act of the adoptive
                         jurisdiction to be a civil penalty
                         provision)--an order that the
                         person pay a civil penalty
                         determined in accordance with
                         this Law, the Regulations and the
                         Rules;
                   (ab) in the case of a breach of a
                        declared system provision that is
                        prescribed by or under the
                        application Act of the adoptive
                        jurisdiction to be a civil penalty
                        provision--an order that the
                        person pay a civil penalty
                        prescribed by or under the
                        application Act of the adoptive
                        jurisdiction for that provision;".'.




                           9
          Energy Legislation Amendment Act 2023
                     No.      of 2023
   Part 3--Amendment of National Gas (Victoria) Act 2008


10 Statute law revision
         In section 3(1) of the National Gas (Victoria)
         Act 2008 insert the following definition--
         "Department means Department of Energy,
             Environment and Climate Action;".




                           10
          Energy Legislation Amendment Act 2023
                     No.      of 2023
                  Part 4--Repeal of this Act



          Part 4--Repeal of this Act
11 Repeal of this Act
          This Act is repealed on the first anniversary of its
          commencement.
   Note
   The repeal of this Act does not affect the continuing operation of
   the amendments made by it (see section 15(1) of the
   Interpretation of Legislation Act 1984).
                 ═════════════




                              11
                    Energy Legislation Amendment Act 2023
                               No.      of 2023
                                        Endnotes



                                    Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to amend the
      National Electricity (Victoria) Act 2005 and the National Gas
      (Victoria) Act 2008 and for other purposes."




                 By Authority. Government Printer for the State of Victoria.




                                            12


 


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