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Energy Legislation Amendment (Energy Safety)
Act 2023
No. of 2023
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2--Amendment of Electricity Safety Act 1998 4
3 Definitions 4
4 New section 3B inserted 5
5 Funding 5
6 General duties of owners or operators of complex electrical
installations and railways 6
7 General duty of specified operators to minimise bushfire danger 7
8 Submission of bushfire mitigation plans for acceptance 7
9 Compliance with bushfire mitigation plan 7
10 Offences against Code 8
11 General duty of major electricity companies 8
12 Electricity safety management scheme 8
13 Compliance with electricity safety management scheme 8
14 Revision of electricity safety management scheme--change 9
15 Revision of electricity safety management scheme--each 5
years 9
16 Offence to fail to submit revised electricity safety management
scheme on request 10
17 Submission of bushfire mitigation plans for acceptance 11
18 Compliance with bushfire mitigation plan 12
19 Accepted bushfire mitigation plan forms part of accepted ESMS 13
20 New Division 2B of Part 10 inserted 13
21 Electricity safety management scheme for owner of complex
electrical installation 16
22 Exemption from certain provisions of Act or regulations 16
23 Compliance with electricity safety management scheme 16
24 Revision of voluntary electricity safety management scheme--
each 5 years 17
25 Revision of voluntary electricity safety management scheme--
change 18
i
Clause Page
26 Energy Safe Victoria may request submission of revised
electricity safety management scheme 18
27 Compliance with request 18
28 Lapsing of electricity safety management scheme 19
29 Duty of employer of electrical workers 19
30 Duty of occupier of specified premises 19
31 Duty of owner of complex electrical installation 19
32 Compliance audits--independent audits 20
33 Compliance audits--Energy Safe Victoria 20
34 Return of things seized 20
35 Chairperson of Energy Safe Victoria may give directions 20
36 Information notices 20
37 New Division 1A of Part 12 inserted 21
38 Notification of serious electrical incidents 22
39 New section 142A inserted 23
40 Period within which proceedings for offences may be brought 24
Part 3--Amendment of Gas Safety Act 1997 25
41 General duties of gas companies 25
42 Gas quality 25
43 Offence to supply or sell gas for unsafe gas installation 25
44 New section 36A inserted 25
45 Safety case 26
46 Compliance with safety case 26
47 Revision of safety case--change 27
48 Revision of safety case--each 5 years 27
49 Offence to fail to submit revised safety case on request 28
50 Compliance with safety case 28
51 Revision of safety case--each 5 years 29
52 Compliance with request 30
53 Duty of operator of complex gas installation 30
54 Duty of manufacturer of Type B appliances 30
55 Duty of manufacturer of complex gas installations 30
56 Return of things seized 31
57 New Division 1A of Part 6 inserted 31
58 Period within which proceedings for offences may be brought 32
Part 4--Amendment of Pipelines Act 2005 34
59 Construction to comply with standards and conditions 34
60 Pipelines and railways 34
61 Pipelines, roads, bridges and road infrastructure 34
62 Pipelines and electrical apparatus and other pipelines 34
63 Operation to comply with standards, specifications and
conditions 35
64 Only authorised things to be conveyed through pipeline 35
65 Minister may impose requirements 35
66 Minister may restrict use of pipeline 35
ii
Clause Page
67 Duties of licensee for safety and environment protection 36
68 No operation without accepted Plan 36
69 Plan must be observed in carrying out operation 36
70 Review of Safety Management Plan 36
71 No operation without accepted Plan 37
72 Plan must be observed in carrying out operation 37
73 Review of Environment Management Plan 37
74 New Division 1A of Part 11 inserted 38
Part 5--Repeal of this Act 40
75 Repeal of this Act 40
═════════════
Endnotes 41
1 General information 41
iii
Energy Legislation Amendment (Energy
Safety) 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 Electricity Safety Act 1998 in
relation to--
(i) requirements for certain owners and
operators of electrical installations; and
(ii) general duties of owners and operators
of complex electrical installations and
railways; and
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 1--Preliminary
(iii) modifications of supply networks and
changes to safety management systems;
and
(iv) revised electricity safety management
schemes and bushfire mitigation plans;
and
(v) voluntary electricity safety
management schemes for operators of
complex electrical installations; and
(vi) the period within which things seized
by enforcement officers must be
returned; and
(vii) preservation of serious electrical
incident sites; and
(viii) acceptance and enforcement of written
undertakings; and
(ix) the period within which a proceeding
for an offence against that Act may be
commenced; and
(x) penalties for offences against that Act;
and
(b) to amend the Gas Safety Act 1997 in
relation to--
(i) preservation of gas incident sites; and
(ii) modifications of facilities and changes
to safety management systems; and
(iii) revised safety cases; and
(iv) the period within which things seized
by inspectors must be returned; and
(v) acceptance and enforcement of written
undertakings; and
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No. of 2023
Part 1--Preliminary
(vi) the period within which a proceeding
for an offence against that Act may be
commenced; and
(vii) penalties for offences against that Act;
and
(c) to amend the Pipelines Act 2005 in relation
to--
(i) acceptance and enforcement of written
undertakings; and
(ii) penalties for offences against that Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 16 May 2024, it comes into
operation on that day.
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No. of 2023
Part 2--Amendment of Electricity Safety Act 1998
Part 2--Amendment of Electricity Safety
Act 1998
3 Definitions
In section 3 of the Electricity Safety Act 1998--
(a) insert the following definitions--
"declared installation, in relation to a
declared owner or operator, means the
electrical installation or the part of an
electrical installation specified in a
declaration made under section 3B in
respect of that owner or operator;
declared owner or operator means an owner
or operator of an electrical installation
in respect of whom a declaration is
made under section 3B;";
(b) in the definition of accepted ESMS
operator, after paragraph (a) insert--
"(ab) a declared owner or operator whose
electricity safety management scheme
has been accepted or provisionally
accepted by Energy Safe Victoria under
Division 2 of Part 10; or";
(c) in the definition of bushfire mitigation plan,
after "113A(1)" insert "or (1A)";
(d) in the definition of fire control authority, in
paragraph (b), for "Department of Natural
Resources and Environment" substitute
"Department of Energy, Environment and
Climate Action".
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No. of 2023
Part 2--Amendment of Electricity Safety Act 1998
4 New section 3B inserted
After section 3A of the Electricity Safety
Act 1998 insert--
"3B Declaration of certain owners and
operators of electrical installations
The Governor in Council, on the
recommendation of the Minister, by Order
published in the Government Gazette, may
declare for the purposes of this Act that an
owner or operator of an electrical
installation, or a class of owner or operator
of an electrical installation, is the declared
owner or operator in respect of any electrical
installation, or any part of an electrical
installation, specified in the Order.".
5 Funding
(1) In section 8 of the Electricity Safety Act 1998--
(a) after "distribution company" (where first
occurring) insert "or transmission
company";
(b) for "that distribution company" substitute
"that company".
(2) At the end of section 8 of the Electricity Safety
Act 1998 insert--
"(2) A declared owner or operator must pay to
Energy Safe Victoria at such time or times as
the Minister determines such annual amount
(if any) as the Minister determines to be
payable by that declared owner or operator in
respect of the reasonable costs and expenses
of Energy Safe Victoria.".
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Part 2--Amendment of Electricity Safety Act 1998
6 General duties of owners or operators of complex
electrical installations and railways
For section 75(1) and (2) of the Electricity Safety
Act 1998 substitute--
"(1) An owner or operator of a complex electrical
installation must design, construct, operate,
maintain and decommission the installation
to minimise as far as practicable--
(a) the hazards and risks to the safety of
any person arising from the installation;
and
(b) the hazards and risks of damage to the
property of any person arising from the
installation; and
(c) the bushfire danger arising from the
installation.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
(2) An owner or operator of a railway must
design, construct, operate, maintain and
decommission the supply network of the
railway to minimise as far as practicable--
(a) the hazards and risks to the safety of
any person arising from the supply
network; and
(b) the hazards and risks of damage to the
property of any person arising from the
supply network; and
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Part 2--Amendment of Electricity Safety Act 1998
(c) the bushfire danger arising from the
supply network.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.".
7 General duty of specified operators to minimise
bushfire danger
In the penalty at the foot of section 83B(1) of the
Electricity Safety Act 1998--
(a) for "300 penalty units" substitute
"1800 penalty units";
(b) for "1500 penalty units" substitute
"9000 penalty units".
8 Submission of bushfire mitigation plans for
acceptance
In the penalty at the foot of section 83BA(1) of
the Electricity Safety Act 1998--
(a) for "300 penalty units" substitute
"600 penalty units";
(b) for "1500 penalty units" substitute
"3000 penalty units".
9 Compliance with bushfire mitigation plan
In the penalty at the foot of section 83BB(1) and
(2) of the Electricity Safety Act 1998--
(a) for "300 penalty units" substitute
"1200 penalty units";
(b) for "1500 penalty units" substitute
"6000 penalty units".
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Part 2--Amendment of Electricity Safety Act 1998
10 Offences against Code
In the penalty at the foot of section 90 of the
Electricity Safety Act 1998--
(a) for "50 penalty units" substitute
"100 penalty units";
(b) for "250 penalty units" substitute
"500 penalty units".
11 General duty of major electricity companies
In the penalty at the foot of section 98 of the
Electricity Safety Act 1998--
(a) for "300 penalty units" substitute
"1800 penalty units";
(b) for "1500 penalty units" substitute
"9000 penalty units".
12 Electricity safety management scheme
(1) In the penalty at the foot of section 99(1) of the
Electricity Safety Act 1998--
(a) for "300 penalty units" substitute
"600 penalty units";
(b) for "1500 penalty units" substitute
"3000 penalty units".
(2) In section 99(2A) of the Electricity Safety
Act 1998, after "plan" insert "prepared under
section 113A".
13 Compliance with electricity safety management
scheme
(1) In the penalty at the foot of section 106(1), (2), (3)
and (4) of the Electricity Safety Act 1998--
(a) for "300 penalty units" substitute
"1200 penalty units";
(b) for "1500 penalty units" substitute
"6000 penalty units".
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(2) In section 106(4) of the Electricity Safety
Act 1998--
(a) in paragraphs (a) and (b) omit
"significantly";
(b) in paragraph (c) omit "significant".
14 Revision of electricity safety management scheme--
change
In section 107 of the Electricity Safety
Act 1998--
(a) in paragraphs (b) and (c), for "a significant
increase" substitute "an increase";
(b) in paragraph (d) omit "significant".
15 Revision of electricity safety management scheme--
each 5 years
For section 108 of the Electricity Safety
Act 1998 substitute--
"108 Revision of electricity safety management
scheme--every 5 years
(1) A major electricity company must submit a
revised electricity safety management
scheme for a supply network of the company
to Energy Safe Victoria at the end of a
review period.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(2) In this section--
relevant day means the day on which
section 15 of the Energy Legislation
Amendment (Energy Safety)
Act 2023 comes into operation;
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Part 2--Amendment of Electricity Safety Act 1998
review period means--
(a) either--
(i) for an accepted ESMS in
force immediately before the
relevant day, the period of
5 years commencing on the
day of its most recent
acceptance before the
relevant day; or
(ii) for any other accepted
ESMS, the period of 5 years
commencing on the day on
which it is first accepted; and
(b) every subsequent period of 5 years
commencing on the day after the
day on which the previous period
ends.".
16 Offence to fail to submit revised electricity safety
management scheme on request
In the penalty at the foot of section 110 of the
Electricity Safety Act 1998--
(a) for "80 penalty units" substitute
"300 penalty units";
(b) for "400 penalty units" substitute
"1500 penalty units".
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17 Submission of bushfire mitigation plans for
acceptance
(1) For section 113A(1) of the Electricity Safety
Act 1998 substitute--
"(1) A major electricity company must prepare
and submit to Energy Safe Victoria, for
acceptance under this Division, a plan for the
company's proposals for mitigation of
bushfire in relation to the company's supply
network.
Penalty: In the case of a natural person,
600 penalty units;
In the case of a body corporate,
3000 penalty units.
(1A) A major electricity company must prepare
and submit to Energy Safe Victoria, for
acceptance under this Division, a revised
plan for the company's proposals for
mitigation of bushfire in relation to the
company's supply network at the end of a
review period.
Penalty: In the case of a natural person,
600 penalty units;
In the case of a body corporate,
3000 penalty units.".
(2) In section 113A(2) of the Electricity Safety
Act 1998, for "subsection (1)" substitute
"subsection (1) or (1A)".
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Part 2--Amendment of Electricity Safety Act 1998
(3) After section 113A(3) of the Electricity Safety
Act 1998 insert--
"(4) In this section--
relevant day means the day on which
section 17 of the Energy Legislation
Amendment (Energy Safety)
Act 2023 comes into operation;
review period means--
(a) either--
(i) for an accepted bushfire
mitigation plan in force
immediately before the
relevant day, the period of
5 years commencing on the
day of its most recent
acceptance before the
relevant day; or
(ii) for any other accepted
bushfire mitigation plan, the
period of 5 years
commencing on the day on
which it is first accepted; and
(b) every subsequent period of 5 years
commencing on the day after the
day on which the previous period
ends.".
18 Compliance with bushfire mitigation plan
In the penalty at the foot of section 113B(1) and
(2) of the Electricity Safety Act 1998--
(a) for "300 penalty units" substitute
"1200 penalty units";
(b) for "1500 penalty units" substitute
"6000 penalty units".
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19 Accepted bushfire mitigation plan forms part of
accepted ESMS
Section 113D(3) of the Electricity Safety
Act 1998 is repealed.
20 New Division 2B of Part 10 inserted
After Division 2A of Part 10 of the Electricity
Safety Act 1998 insert--
"Division 2B--Requirements for
declared owners and operators
113G General duty of declared owners and
operators
A declared owner or operator must design,
construct, operate, maintain and
decommission its declared installation to
minimise as far as practicable--
(a) the hazards and risks to the safety of
any person arising from the installation;
and
(b) the hazards and risks of damage to the
property of any person arising from the
installation; and
(c) the bushfire danger arising from the
installation.
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
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Part 2--Amendment of Electricity Safety Act 1998
113H Mandatory electricity safety management
schemes for declared owners and
operators
(1) Subject to this section, Division 2 applies to
a declared owner or operator in respect of its
declared installation as if--
(a) a reference to a major electricity
company were a reference to a declared
owner or operator; and
(b) a reference to a supply network were a
reference to a declared installation; and
(c) the reference in section 99(2)(b)(i) to
duties under Division 1 were a
reference to duties under section 113G;
and
(d) the reference in section 113 to a duty or
obligation set out in Division 1 were a
reference to a duty or obligation set out
in section 113G.
(2) If a declared installation is in operation
immediately before the day on which a
declaration under section 3B takes effect in
respect of that installation, the electricity
safety management scheme for that
installation must be submitted to Energy
Safe Victoria before the first anniversary of
that day.
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Part 2--Amendment of Electricity Safety Act 1998
113I Ongoing bushfire mitigation plan
requirements for declared owners and
operators
(1) Division 2A (except sections 113C
and 113F) applies to a declared owner or
operator in respect of its declared installation
as if--
(a) a reference to a major electricity
company were a reference to a declared
owner or operator; and
(b) a reference to a supply network were a
reference to a declared installation.
(2) Sections 83BC to 83BH apply to the
validation, acceptance, provisional
acceptance, non-acceptance and
determination by Energy Safe Victoria of a
bushfire mitigation plan for a declared owner
or operator in respect of its declared
installation as if--
(a) a reference to a specified operator were
a reference to a declared owner or
operator; and
(b) a reference to an at-risk electric line
were a reference to a declared
installation; and
(c) a reference to a bushfire mitigation plan
submitted under section 83BA were a
reference to a bushfire mitigation plan
submitted under Division 2A.
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113J Energy Safe Victoria may exempt
declared owners and operators from
certain requirements
Energy Safe Victoria may exempt a declared
owner or operator from compliance with--
(a) any regulations relating to the
operation, maintenance or
decommissioning of its declared
installation; or
(b) section 44(2), 45(1), (2) or (3) or 45A.".
21 Electricity safety management scheme for owner of
complex electrical installation
(1) In the heading to section 116 of the Electricity
Safety Act 1998, after "owner" insert
"or operator".
(2) In section 116(1) of the Electricity Safety
Act 1998--
(a) after "owner" insert "or operator";
(b) for "the owner's" substitute "its".
(3) In section 116(3)(a)(i) of the Electricity Safety
Act 1998, after "owner" insert "or operator".
22 Exemption from certain provisions of Act or
regulations
In section 117(2A) of the Electricity Safety
Act 1998, after "owner" insert "or operator".
23 Compliance with electricity safety management
scheme
(1) In the penalty at the foot of section 118(1), (2) and
(3) of the Electricity Safety Act 1998--
(a) for "200 penalty units" substitute
"1200 penalty units";
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(b) for "1000 penalty units" substitute
"6000 penalty units".
(2) In section 118(3) of the Electricity Safety
Act 1998--
(a) after "owner" insert "or operator";
(b) for "that owner's" substitute "its".
24 Revision of voluntary electricity safety management
scheme--each 5 years
For section 119 of the Electricity Safety
Act 1998 substitute--
"119 Revision of voluntary electricity safety
management scheme--every 5 years
(1) A voluntary ESMS operator must submit a
revised electricity safety management
scheme, for a complex electrical installation
or electrical work to which an accepted
ESMS applies, to Energy Safe Victoria at the
end of a review period.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(2) In this section--
relevant day means the day on which
section 24 of the Energy Legislation
Amendment (Energy Safety)
Act 2023 comes into operation;
review period means--
(a) either--
(i) for an accepted ESMS in
force immediately before the
relevant day, the period of
5 years commencing on the
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Part 2--Amendment of Electricity Safety Act 1998
day of its most recent
acceptance before the
relevant day; or
(ii) for any other accepted
ESMS, the period of 5 years
commencing on the day on
which it is first accepted; and
(b) every subsequent period of 5 years
commencing on the day after the
day on which the previous period
ends.".
25 Revision of voluntary electricity safety management
scheme--change
In section 120 of the Electricity Safety
Act 1998--
(a) in paragraphs (b) and (c), for "a significant
increase" substitute "an increase";
(b) in paragraph (d) omit "significant".
26 Energy Safe Victoria may request submission of
revised electricity safety management scheme
In section 120A(1)(c) of the Electricity Safety
Act 1998, after "owner" insert "or operator".
27 Compliance with request
In the penalty at the foot of section 120B of the
Electricity Safety Act 1998--
(a) for "80 penalty units" substitute
"300 penalty units";
(b) for "400 penalty units" substitute
"1500 penalty units".
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28 Lapsing of electricity safety management scheme
For section 120C(2)(b) of the Electricity Safety
Act 1998 substitute--
"(b) the complex electrical installation of the
owner or operator.".
29 Duty of employer of electrical workers
In the penalty at the foot of section 120D of the
Electricity Safety Act 1998--
(a) for "200 penalty units" substitute
"1200 penalty units";
(b) for "1000 penalty units" substitute
"6000 penalty units".
30 Duty of occupier of specified premises
In the penalty at the foot of section 120E of the
Electricity Safety Act 1998--
(a) for "200 penalty units" substitute
"1200 penalty units";
(b) for "1000 penalty units" substitute
"6000 penalty units".
31 Duty of owner of complex electrical installation
(1) In the heading to section 120F of the Electricity
Safety Act 1998, after "owner" insert
"or operator".
(2) In section 120F of the Electricity Safety
Act 1998, after "owner" insert "or operator".
(3) In the penalty at the foot of section 120F of the
Electricity Safety Act 1998--
(a) for "200 penalty units" substitute
"1200 penalty units";
(b) for "1000 penalty units" substitute
"6000 penalty units".
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32 Compliance audits--independent audits
In section 120H(1)(a)(ii) of the Electricity Safety
Act 1998, for "or complex electrical installation"
substitute ", complex electrical installation or
declared installation".
33 Compliance audits--Energy Safe Victoria
In section 120I(b) of the Electricity Safety
Act 1998, for "or complex electrical installation"
substitute ", complex electrical installation or
declared installation".
34 Return of things seized
In section 126(2) of the Electricity Safety
Act 1998, for "14 days" (where twice occurring)
substitute "60 days".
35 Chairperson of Energy Safe Victoria may give
directions
In section 141(3) of the Electricity Safety
Act 1998, in the definition of relevant person,
before paragraph (a) insert--
"(aa) a declared owner or operator; or".
36 Information notices
For section 141AB(1) of the Electricity Safety
Act 1998 substitute--
"(1) Energy Safe Victoria, by written notice, may
require a person to give Energy Safe Victoria
information in the person's possession or
control that Energy Safe Victoria reasonably
requires for the purpose of verifying--
(a) the performance of distribution
companies in complying with
Divisions 1A, 2 and 4 of Part 8, and
Part 10; or
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(b) the performance of transmission
companies in complying with
Divisions 1A, 2 and 4 of Part 8, and
Part 10; or
(c) the performance of declared owners or
operators in complying with Part 10.".
37 New Division 1A of Part 12 inserted
At the end of Division 1 of Part 12 of the
Electricity Safety Act 1998 insert--
"Division 1A--Enforceable
undertakings
141D Energy Safe Victoria may accept written
undertakings
(1) Energy Safe Victoria, by written notice, may
accept a written undertaking given by a
person in connection with a matter relating to
a contravention or alleged contravention by
the person of this Act or the regulations.
(2) A person may withdraw or vary an
undertaking accepted under subsection (1)
with the written consent of Energy Safe
Victoria.
(3) A person who gives an undertaking accepted
under subsection (1) must not contravene
that undertaking.
Penalty: In the case of a natural person,
500 penalty units;
In the case of a body corporate,
2500 penalty units.
(4) Energy Safe Victoria must not commence a
proceeding for an offence against this Act or
the regulations, constituted by a
contravention or alleged contravention to
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which an undertaking accepted under
subsection (1) relates, if the undertaking--
(a) is in effect and is being satisfied; or
(b) has been fully satisfied and discharged.
141E Enforcement of written undertakings
(1) If Energy Safe Victoria considers that a
person has contravened an undertaking given
by the person and accepted under
section 141D, Energy Safe Victoria may
apply to the Magistrates' Court for an order
under subsection (2).
(2) If the Court is satisfied that a person has
contravened an undertaking given by the
person and accepted under section 141D, the
Court may make--
(a) an order that the person comply with
the undertaking or take specified action
to comply with the undertaking; or
(b) any other order that the Court considers
appropriate.".
38 Notification of serious electrical incidents
After section 142(2) of the Electricity Safety
Act 1998 insert--
"(2A) A declared owner or operator must report to
Energy Safe Victoria in accordance with the
regulations any serious electrical incident
which occurs in relation to its declared
installation.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.".
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39 New section 142A inserted
After section 142 of the Electricity Safety
Act 1998 insert--
"142A Preservation of serious electrical incident
sites
(1) Subject to subsection (2), an electricity
supplier that is required to report a serious
electrical incident under section 142 must
not fail, without reasonable excuse, to ensure
that the site of the incident is not disturbed
until an enforcement officer directs
otherwise.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
(2) The site of a serious electrical incident may
be disturbed for the purpose of--
(a) protecting the health or safety of any
person; or
(b) aiding an injured person who was
involved in the incident; or
(c) taking action necessary to make the site
safe or to prevent a further serious
electrical incident; or
(d) restoring supply of electricity.".
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Part 2--Amendment of Electricity Safety Act 1998
40 Period within which proceedings for offences may
be brought
For section 148A of the Electricity Safety
Act 1998 substitute--
"148A When proceedings for offences may be
commenced
(1) Subject to subsection (2), despite anything to
the contrary in any Act (other than the
Charter of Human Rights and
Responsibilities Act 2006)--
(a) Energy Safe Victoria may commence a
proceeding for an offence against this
Act or the regulations within the period
of 3 years after it becomes aware of the
commission of the alleged offence; and
(b) any other person may commence a
proceeding for an offence against this
Act or the regulations within the period
of 3 years after the commission of the
alleged offence.
(2) Energy Safe Victoria must not commence a
proceeding for an offence against
section 141D(3) or any other offence against
this Act or the regulations constituted by a
contravention or alleged contravention to
which an undertaking accepted under
section 141D relates unless it does so within
the period of 6 months after the day on
which it--
(a) becomes aware that the undertaking has
been contravened; or
(b) consents to the withdrawal of the
undertaking under section 141D(2).".
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 3--Amendment of Gas Safety Act 1997
Part 3--Amendment of Gas Safety Act 1997
41 General duties of gas companies
In the penalty at the foot of section 32 of the Gas
Safety Act 1997--
(a) for "300 penalty units" substitute
"1800 penalty units";
(b) for "1500 penalty units" substitute
"9000 penalty units".
42 Gas quality
In the penalty at the foot of section 33(1) and (2)
of the Gas Safety Act 1997--
(a) for "300 penalty units" substitute
"1800 penalty units";
(b) for "1500 penalty units" substitute
"9000 penalty units".
43 Offence to supply or sell gas for unsafe gas
installation
In the penalty at the foot of section 34(1) and (2)
of the Gas Safety Act 1997--
(a) for "300 penalty units" substitute
"1800 penalty units";
(b) for "1500 penalty units" substitute
"9000 penalty units".
44 New section 36A inserted
After section 36 of the Gas Safety Act 1997
insert--
"36A Preservation of gas incident sites
(1) Subject to subsection (2), a gas company that
is required to report a gas incident under
section 36 must not fail, without reasonable
excuse, to ensure that the site of the gas
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 3--Amendment of Gas Safety Act 1997
incident is not disturbed until an inspector
directs otherwise.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
(2) The site of a gas incident may be disturbed
for the purpose of--
(a) protecting the health or safety of any
person; or
(b) aiding an injured person who was
involved in the gas incident; or
(c) taking action necessary to make the site
safe or to prevent a further gas incident;
or
(d) restoring supply of gas.".
45 Safety case
In the penalty at the foot of section 37(1) of the
Gas Safety Act 1997--
(a) for "300 penalty units" substitute
"600 penalty units";
(b) for "1500 penalty units" substitute
"3000 penalty units".
46 Compliance with safety case
(1) In the penalty at the foot of section 44(1), (2), (3)
and (4) of the Gas Safety Act 1997--
(a) for "300 penalty units" substitute
"1200 penalty units";
(b) for "1500 penalty units" substitute
"6000 penalty units".
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 3--Amendment of Gas Safety Act 1997
(2) In section 44(4) of the Gas Safety Act 1997--
(a) in paragraphs (a) and (b) omit
"significantly";
(b) in paragraph (c) omit "significant".
47 Revision of safety case--change
In section 45 of the Gas Safety Act 1997--
(a) in paragraph (b), for "a significant increase"
substitute "an increase";
(b) in paragraph (c) omit "significantly";
(c) in paragraph (d) omit "significant".
48 Revision of safety case--each 5 years
For section 46 of the Gas Safety Act 1997
substitute--
"46 Revision of safety case--every 5 years
(1) A gas company must submit a revised safety
case for a facility of the company to Energy
Safe Victoria at the end of a review period.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(2) In this section--
relevant day means the day on which
section 48 of the Energy Legislation
Amendment (Energy Safety)
Act 2023 comes into operation;
review period means--
(a) either--
(i) for an accepted safety case in
force immediately before the
relevant day, the period of
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 3--Amendment of Gas Safety Act 1997
5 years commencing on the
day of its most recent
acceptance before the
relevant day; or
(ii) for any other accepted safety
case, the period of 5 years
commencing on the day on
which it is first accepted; and
(b) every subsequent period of 5 years
commencing on the day after the
day on which the previous period
ends.".
49 Offence to fail to submit revised safety case on
request
In the penalty at the foot of section 48 of the Gas
Safety Act 1997--
(a) for "80 penalty units" substitute
"300 penalty units";
(b) for "400 penalty units" substitute
"1500 penalty units".
50 Compliance with safety case
In the penalty at the foot of section 56(1), (2) and
(3) of the Gas Safety Act 1997--
(a) for "200 penalty units" substitute
"1200 penalty units";
(b) for "1000 penalty units" substitute
"6000 penalty units".
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Energy Legislation Amendment (Energy Safety) Act 2023
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Part 3--Amendment of Gas Safety Act 1997
51 Revision of safety case--each 5 years
For section 57 of the Gas Safety Act 1997
substitute--
"57 Revision of safety case--every 5 years
(1) An operator of a complex gas installation or
a manufacturer of a class of Type B
appliances or a class of complex gas
installations, in respect of which an accepted
safety case applies under this Division, must
submit a revised safety case to Energy Safe
Victoria at the end of a review period.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(2) In this section--
relevant day means the day on which
section 51 of the Energy Legislation
Amendment (Energy Safety)
Act 2023 comes into operation;
review period means--
(a) either--
(i) for an accepted safety case in
force immediately before the
relevant day, the period of
5 years commencing on the
day of its most recent
acceptance before the
relevant day; or
(ii) for any other accepted safety
case, the period of 5 years
commencing on the day on
which it is first accepted; and
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Energy Legislation Amendment (Energy Safety) Act 2023
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Part 3--Amendment of Gas Safety Act 1997
(b) every subsequent period of 5 years
commencing on the day after the
day on which the previous period
ends.".
52 Compliance with request
In the penalty at the foot of section 59 of the Gas
Safety Act 1997--
(a) for "80 penalty units" substitute
"300 penalty units";
(b) for "400 penalty units" substitute
"1500 penalty units".
53 Duty of operator of complex gas installation
In the penalty at the foot of section 61 of the Gas
Safety Act 1997--
(a) for "200 penalty units" substitute
"1200 penalty units";
(b) for "1000 penalty units" substitute
"6000 penalty units".
54 Duty of manufacturer of Type B appliances
In the penalty at the foot of section 62 of the Gas
Safety Act 1997--
(a) for "200 penalty units" substitute
"1200 penalty units";
(b) for "1000 penalty units" substitute
"6000 penalty units".
55 Duty of manufacturer of complex gas installations
In the penalty at the foot of section 63 of the Gas
Safety Act 1997--
(a) for "200 penalty units" substitute
"1200 penalty units";
(b) for "1000 penalty units" substitute
"6000 penalty units".
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 3--Amendment of Gas Safety Act 1997
56 Return of things seized
In section 91(2) of the Gas Safety Act 1997, for
"14 days" (where twice occurring) substitute
"60 days".
57 New Division 1A of Part 6 inserted
At the end of Division 1 of Part 6 of the Gas
Safety Act 1997 insert--
"Division 1A--Enforceable
undertakings
109C Energy Safe Victoria may accept written
undertakings
(1) Energy Safe Victoria, by written notice, may
accept a written undertaking given by a
person in connection with a matter relating to
a contravention or alleged contravention by
the person of this Act or the regulations.
(2) A person may withdraw or vary an
undertaking accepted under subsection (1)
with the written consent of Energy Safe
Victoria.
(3) A person who gives an undertaking accepted
under subsection (1) must not contravene
that undertaking.
Penalty: In the case of a natural person,
500 penalty units;
In the case of a body corporate,
2500 penalty units.
(4) Energy Safe Victoria must not commence a
proceeding for an offence against this Act or
the regulations, constituted by a
contravention or alleged contravention to
which an undertaking accepted under
subsection (1) relates, if the undertaking--
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Energy Legislation Amendment (Energy Safety) Act 2023
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Part 3--Amendment of Gas Safety Act 1997
(a) is in effect and is being satisfied; or
(b) has been fully satisfied and discharged.
109D Enforcement of written undertakings
(1) If Energy Safe Victoria considers that a
person has contravened an undertaking given
by the person and accepted under
section 109C, Energy Safe Victoria may
apply to the Magistrates' Court for an order
under subsection (2).
(2) If the Court is satisfied that a person has
contravened an undertaking given by the
person and accepted under section 109C, the
Court may make--
(a) an order that the person comply with
the undertaking or take specified action
to comply with the undertaking; or
(b) any other order that the Court considers
appropriate.".
58 Period within which proceedings for offences may
be brought
For section 117AA of the Gas Safety Act 1997
substitute--
"117AA When proceedings for offences may be
commenced
(1) Subject to subsection (2), despite anything to
the contrary in any Act (other than the
Charter of Human Rights and
Responsibilities Act 2006)--
(a) Energy Safe Victoria may commence a
proceeding for an offence against this
Act or the regulations within the period
of 3 years after it becomes aware of the
commission of the alleged offence; and
32
Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 3--Amendment of Gas Safety Act 1997
(b) any other person may commence a
proceeding for an offence against this
Act or the regulations within the period
of 3 years after the commission of the
alleged offence.
(2) Energy Safe Victoria must not commence a
proceeding for an offence against
section 109C(3) or any other offence against
this Act or the regulations constituted by a
contravention or alleged contravention to
which an undertaking accepted under
section 109C relates unless it does so within
the period of 6 months after the day on
which it--
(a) becomes aware that the undertaking has
been contravened; or
(b) consents to the withdrawal of the
undertaking under section 109C(2).".
33
Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 4--Amendment of Pipelines Act 2005
Part 4--Amendment of Pipelines Act 2005
59 Construction to comply with standards and
conditions
In the penalty at the foot of section 100(1) of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
60 Pipelines and railways
In section 101(2) of the Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
61 Pipelines, roads, bridges and road infrastructure
In section 102(3) of the Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
62 Pipelines and electrical apparatus and other
pipelines
In section 103(2) of the Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
34
Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 4--Amendment of Pipelines Act 2005
63 Operation to comply with standards, specifications
and conditions
In the penalty at the foot of section 109 of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
64 Only authorised things to be conveyed through
pipeline
In the penalty at the foot of section 111 of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
65 Minister may impose requirements
In the penalty at the foot of section 114(3) and (4)
of the Pipelines Act 2005--
(a) for "240 penalty units" substitute
"300 penalty units";
(b) for "1200 penalty units" substitute
"1500 penalty units".
66 Minister may restrict use of pipeline
In the penalty at the foot of section 115(5) of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 4--Amendment of Pipelines Act 2005
67 Duties of licensee for safety and environment
protection
In the penalty at the foot of section 124 of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1800 penalty units";
(b) for "1200 penalty units" substitute
"9000 penalty units".
68 No operation without accepted Plan
In the penalty at the foot of section 127 of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
69 Plan must be observed in carrying out operation
In the penalty at the foot of section 129 of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
70 Review of Safety Management Plan
In the penalty at the foot of section 132 of the
Pipelines Act 2005--
(a) for "60 penalty units" substitute
"300 penalty units";
(b) for "240 penalty units" substitute
"1500 penalty units".
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Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 4--Amendment of Pipelines Act 2005
71 No operation without accepted Plan
In the penalty at the foot of section 134 of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
72 Plan must be observed in carrying out operation
In the penalty at the foot of section 136 of the
Pipelines Act 2005--
(a) for "240 penalty units" substitute
"1200 penalty units";
(b) for "1200 penalty units" substitute
"6000 penalty units".
73 Review of Environment Management Plan
In the penalty at the foot of section 139 of the
Pipelines Act 2005--
(a) for "60 penalty units" substitute
"300 penalty units";
(b) for "240 penalty units" substitute
"1500 penalty units".
37
Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 4--Amendment of Pipelines Act 2005
74 New Division 1A of Part 11 inserted
After Division 1 of Part 11 of the Pipelines
Act 2005 insert--
"Division 1A--Enforceable
undertakings
156A Minister may accept written undertakings
(1) The Minister, by written notice, may accept a
written undertaking given by a person in
connection with a matter relating to a
contravention or alleged contravention by the
person of this Act or the regulations.
(2) A person may withdraw or vary an
undertaking accepted under subsection (1)
with the written consent of the Minister.
(3) A person who gives an undertaking accepted
under subsection (1) must not contravene
that undertaking.
Penalty: In the case of a natural person,
500 penalty units;
In the case of a body corporate,
2500 penalty units.
(4) The Minister must not commence a
proceeding for an offence against this Act or
the regulations, constituted by a
contravention or alleged contravention to
which an undertaking accepted under
subsection (1) relates, if the undertaking--
(a) is in effect and is being satisfied; or
(b) has been fully satisfied and discharged.
38
Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 4--Amendment of Pipelines Act 2005
156B Enforcement of written undertakings
(1) If the Minister considers that a person has
contravened an undertaking given by the
person and accepted under section 156A, the
Minister may apply to the Magistrates' Court
for an order under subsection (2).
(2) If the Court is satisfied that a person has
contravened an undertaking given by the
person and accepted under section 156A, the
Court may make--
(a) an order that the person comply with
the undertaking or take specified action
to comply with the undertaking; or
(b) any other order that the Court considers
appropriate.".
39
Energy Legislation Amendment (Energy Safety) Act 2023
No. of 2023
Part 5--Repeal of this Act
Part 5--Repeal of this Act
75 Repeal of this Act
This Act is repealed on 16 May 2025.
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).
═════════════
40
Energy Legislation Amendment (Energy Safety) 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
Electricity Safety Act 1998, the Gas Safety Act 1997 and the Pipelines
Act 2005 and for other purposes."
By Authority. Government Printer for the State of Victoria.
41
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