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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
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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
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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.
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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.".
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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.".
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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;".'.
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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;".
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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).
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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.
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