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