Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019

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Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019

PARLIAMENT OF VICTORIA Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 TABLE OF PROVISIONS Clause Page Part 1--Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2--Amendments to Electricity Safety Act 1998 3 Division 1--Licensing of electrical lineworkers 3 3 Definitions 3 4 Electrical workers 4 5 Acceptance of electricity safety management scheme 4 6 Provisional acceptance of electricity safety management scheme 4 7 Energy Safe Victoria may determine electricity safety management scheme 5 8 New section 120GA inserted 6 9 Electrical contractors and electrical workers 6 Division 2--Electrical inspection work 6 10 Definitions 6 Division 3--Consequential amendments relating to the Victorian Energy Safety Commission 6 11 Definitions 6 12 Enforcement officers 7 13 Director may give directions 8 14 Additional powers in emergencies 8 15 Director may give directions to preserve, retain or store 8 16 Section 141B substituted and new section 141C inserted 9 Division 4--Transitional provisions 10 17 New sections 168 and 169 inserted 10 Division 5--Statute law revision 12 18 Outdated references to Departments 12 19 Other statute law revision amendments 12 591052B.I-15/10/2019 i BILL LA INTRODUCTION 15/10/2019

Clause Page Part 3--Amendments to the Energy Safe Victoria Act 2005 13 Division 1--Victorian Energy Safety Commission 13 20 Purposes 13 21 Section 3 substituted 13 22 Heading to Part 2 substituted 14 23 Section 4 substituted and new section 4A inserted 14 24 Delegation 15 25 New Divisions 1A and 1B of Part 2 inserted 16 26 Division 2 of Part 2 substituted 24 27 General Account 28 28 Improper use of information 28 29 Section 43 repealed 29 Division 2--Technical Advisory Committee 30 30 New Division 3A of Part 2 inserted 30 Division 3--Ministerial directions 32 31 New Division 3B inserted 32 Division 4--Transitional provisions 34 32 New Part 6 inserted 34 Part 4--Amendments to other Acts 40 Division 1--Gas Safety Act 1997 40 33 Definitions 40 34 Inspectors 40 35 Entry to be reported to the Director 41 36 Heading to section 106 inserted 41 37 Section 106 amended 41 38 Additional powers in emergencies 42 39 Power of Minister 42 40 Section 107B substituted 43 41 Heading to section 108 inserted 43 42 Section 108 amended 43 43 Protection from liability 44 44 New section 109B inserted 44 45 Heading to section 110 inserted 44 46 Section 110 amended 45 47 Heading to section 112 inserted 45 48 Director or inspector may issue prohibition notice 45 49 Notices may include directions 45 50 New section 129 inserted 46 Division 2--Pipelines Act 2005 47 51 Definitions 47 591052B.I-15/10/2019 ii BILL LA INTRODUCTION 15/10/2019

Clause Page 52 Co-ordination of notices and notice periods 47 53 Delegation by Minister 47 Division 3--Other Acts 47 54 Electricity Industry Act 2000 47 55 Gas Industry Act 2001 48 56 National Electricity (Victoria) Act 2005 48 57 National Gas (Victoria) Act 2008 48 58 Rail Safety (Local Operations) Act 2006 48 Part 5--Repeal of this Act 49 59 Repeal of this Act 49 ═════════════ Endnotes 50 1 General information 50 591052B.I-15/10/2019 iii BILL LA INTRODUCTION 15/10/2019

PARLIAMENT OF VICTORIA Introduced in the Assembly Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 A Bill for an Act to amend the Electricity Safety Act 1998 and the Energy Safe Victoria Act 2005 in relation to Energy Safe Victoria and certain classes of electrical work and to make consequential and related amendments to certain other Acts and for other purposes. The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The purposes of this Act are-- (a) to amend the Electricity Safety Act 1998-- 5 (i) to provide for the licensing of lineworkers; and 591052B.I-15/10/2019 1 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 1--Preliminary (ii) to further provide for electrical inspection work and electrical installation work; and (b) to amend the Energy Safe Victoria 5 Act 2005-- (i) to abolish Energy Safe Victoria; and (ii) to establish the Victorian Energy Safety Commission as Energy Safe Victoria's successor in law (and to provide that it 10 may be known as Energy Safe Victoria); and (iii) to provide for the Minister to establish a Technical Advisory Committee; and (iv) to provide for the Minister's power to 15 issue directions under that Act; and (c) to make consequential and related amendments to these and other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into 20 operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 January 2021, it comes into operation on that day. 591052B.I-15/10/2019 2 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 Part 2--Amendments to Electricity Safety Act 1998 Division 1--Licensing of electrical lineworkers 3 Definitions 5 (1) In section 3 of the Electricity Safety Act 1998 insert the following definitions-- "electrical linework means construction, alteration, repair, maintenance, or disassembly of a part of a supply network; 10 electrical lineworker means a person who carries out electrical linework;". (2) In section 3 of the Electricity Safety Act 1998, in the definition of electrical installation, for "does not include a supply network that is owned 15 or operated by a major electricity company;" substitute "does not include a part of a supply network-- (a) of a railway; or (b) owned or operated by a major electricity 20 company;". (3) In section 3 of the Electricity Safety Act 1998, for the definition of electrical work substitute-- "electrical work means-- (a) electrical connection work; or 25 (b) electrical equipment work; or (c) electrical inspection work; or (d) electrical installation work; or (e) electrical linework;". 591052B.I-15/10/2019 3 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 4 Electrical workers (1) After section 38(d) of the Electricity Safety Act 1998 insert-- "(da) licensed under this Division as an electrical 5 lineworker in respect of electrical linework of that class; or". (2) At the foot of section 38(e) of the Electricity Safety Act 1998 insert-- "Note 10 Section 120GA prevents an accepted ESMS from authorising certain persons from carrying out certain classes of electrical linework.". 5 Acceptance of electricity safety management scheme (1) In section 102(2) of the Electricity Safety 15 Act 1998, before "Energy Safe Victoria" insert "Subject to subsection (2A),". (2) After section 102(2) of the Electricity Safety Act 1998 insert-- "(2A) Energy Safe Victoria must not accept an 20 electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework-- (a) for which the person is not licensed under Division 2 of Part 3; and 25 (b) that is a prescribed class of electrical work for the purposes of that Division.". 6 Provisional acceptance of electricity safety management scheme 30 (1) In section 103(1) of the Electricity Safety Act 1998, before "Energy Safe Victoria" insert "Subject to subsection (1A),". 591052B.I-15/10/2019 4 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 (2) After section 103(1) of the Electricity Safety Act 1998 insert-- "(1A) Energy Safe Victoria must not provisionally accept an electricity safety management 5 scheme that purports to authorise a person to carry out any class of electrical linework-- (a) for which the person is not licensed under Division 2 of Part 3; and (b) that is a prescribed class of electrical 10 work for the purposes of that Division.". 7 Energy Safe Victoria may determine electricity safety management scheme (1) In section 105(1) of the Electricity Safety 15 Act 1998, for "Energy Safe Victoria may" substitute "Subject to subsection (1A), Energy Safe Victoria may". (2) After section 105(1) of the Electricity Safety Act 1998 insert-- 20 "(1A) Energy Safe Victoria must not determine an electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework-- (a) for which the person is not licensed 25 under Division 2 of Part 3; and (b) that is a prescribed class of electrical work for the purposes of that Division.". 591052B.I-15/10/2019 5 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 8 New section 120GA inserted After the heading to Division 4 of Part 10 of the Electricity Safety Act 1998 insert-- "120GA Accepted ESMS does not authorise 5 certain electrical linework A provision of an accepted ESMS that purports to authorise a person to carry out any class of electrical linework-- (a) for which the person is not licensed 10 under Division 2 of Part 3; and (b) that is a prescribed class of electrical work for the purposes of that Division-- does not have that effect.". 15 9 Electrical contractors and electrical workers In section 156(j) of the Electricity Safety Act 1998, for "licences and" substitute "licences, renewal of licences, or". Division 2--Electrical inspection work 20 10 Definitions In section 3 of the Electricity Safety Act 1998, in the definition of electrical inspection work, for "electrical equipment;" substitute "an electrical installation or other electrical equipment;". 25 Division 3--Consequential amendments relating to the Victorian Energy Safety Commission 11 Definitions (1) In section 3 of the Electricity Safety Act 1998, the definition of Director is repealed. 591052B.I-15/10/2019 6 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 (2) In section 3 of the Electricity Safety Act 1998, for the definition of Energy Safe Victoria substitute-- "Energy Safe Victoria has the same meaning as it 5 has in the Energy Safe Victoria Act 2005;". (3) Insert the following definitions in section 3 of the Electricity Safety Act 1998-- "Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the 10 Energy Safe Victoria Act 2005; Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005;". 15 12 Enforcement officers (1) For section 121(1) of the Electricity Safety Act 1998 substitute-- "(1) The Chairperson of Energy Safe Victoria may appoint any of the following persons to 20 be an enforcement officer for the purposes of this Act and the Electricity Industry Act 2000-- (a) the Chief Executive Officer of Energy Safe Victoria; 25 (b) an employee, agent or contractor of Energy Safe Victoria.". (2) In section 121(3)(a) of the Electricity Safety Act 1998, for "Director" substitute "Chairperson of Energy Safe Victoria". 30 (3) In section 121(4) of the Electricity Safety Act 1998, for "his or her" (where twice occurring) substitute "their". 591052B.I-15/10/2019 7 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 13 Director may give directions (1) In the heading to section 141 of the Electricity Safety Act 1998, for "Director" substitute "Chairperson of Energy Safe Victoria". 5 (2) In section 141(1) and (2) of the Electricity Safety Act 1998-- (a) for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria"; 10 (b) for "Director" (wherever occurring) substitute "Chairperson". 14 Additional powers in emergencies (1) In section 141A(1) of the Electricity Safety Act 1998-- 15 (a) for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria"; (b) for "Director" (where secondly occurring) substitute "Chairperson". 20 (2) In section 141A(4) of the Electricity Safety Act 1998, for "Director" substitute "Chairperson". 15 Director may give directions to preserve, retain or store 25 (1) In the heading to section 141AC of the Electricity Safety Act 1998, for "Director" substitute "Chairperson of Energy Safe Victoria". (2) In section 141AC(1) of the Electricity Safety Act 1998, for "Director" substitute "Chairperson 30 of Energy Safe Victoria". (3) In section 141AC(2) of the Electricity Safety Act 1998, for "Director" (where twice occurring) substitute "Chairperson". 591052B.I-15/10/2019 8 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 16 Section 141B substituted and new section 141C inserted For section 141B of the Electricity Safety Act 1998 substitute-- 5 "141B Delegation by Chairperson of Energy Safe Victoria (1) The Chairperson of Energy Safe Victoria may by instrument delegate any of the following functions and powers to a person 10 specified in subsection (2)-- (a) any function or power under section 141; or (b) with the consent of the Minister, any function or power under section 141A. 15 (2) The functions and powers may be delegated to-- (a) another Commissioner (within the meaning of the Energy Safe Victoria Act 2005); or 20 (b) the Chief Executive Officer (within the meaning of the Energy Safe Victoria Act 2005); or (c) any employee of Energy Safe Victoria. 141C Notification to Minister 25 The Chairperson of Energy Safe Victoria must notify the Minister in writing if the Chairperson-- (a) gives a direction under section 141(1) or (2); or 30 (b) gives a direction or does any other thing under section 141A(1); or (c) gives a direction under section 141AC(2).". 591052B.I-15/10/2019 9 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 Division 4--Transitional provisions 17 New sections 168 and 169 inserted After section 167 of the Electricity Safety Act 1998 insert-- 5 "168 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2019--appointments not affected (1) The amendments made by the Energy 10 Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2019 do not affect an appointment under section 121(1) that was in force immediately before the commencement 15 of Division 3 of Part 2 of that Act. (2) An appointment referred to in subsection (1) continues in effect on and after the commencement of Division 3 of Part 2 of the Energy Safety Legislation Amendment 20 (Victorian Energy Safety Commission and Other Matters) Act 2019. 169 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2019--electrical 25 lineworkers (1) On 31 December 2020, Energy Safe Victoria must give the Minister a statement that lists each person whom Energy Safe Victoria is required, under subsection (2), to list in the 30 statement. (2) Energy Safe Victoria must list a person in the statement if Energy Safe Victoria is satisfied that, on 31 December 2020, the person is the subject of a current entry in a 591052B.I-15/10/2019 10 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 register of electrical lineworkers maintained by Energy Safe Victoria. (3) On 1 January 2021, Energy Safe Victoria must, under section 40(1), license each 5 person listed in the statement given to the Minister under subsection (1) as an electrical worker in respect of a specified class of electrical linework. (4) In issuing licences as required by 10 subsection (3), Energy Safe Victoria is not required to specify the same period of operation, or the same class of electrical linework, in each licence. (5) Despite anything in section 40 or the 15 regulations-- (a) a person listed in the statement given to the Minister under subsection (1) is not required-- (i) to apply for the licence that 20 subsection (3) requires Energy Safe Victoria to issue the person; or (ii) to give Energy Safe Victoria any other information or material in 25 relation to the issue of that licence; or (iii) to pay any fee in relation to the issue of that licence; and (b) Energy Safe Victoria must issue that 30 licence whether or not the person meets any requirements set out in the regulations for the issue of a licence. 591052B.I-15/10/2019 11 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 2--Amendments to Electricity Safety Act 1998 (6) Nothing in subsection (5) prevents Energy Safe Victoria from doing any of the following things in accordance with this Act and the regulations-- 5 (a) varying, cancelling or suspending a licence issued as required by subsection (3); (b) imposing a condition or restriction on a licence issued as required by 10 subsection (3).". Division 5--Statute law revision 18 Outdated references to Departments (1) In section 86(9) of the Electricity Safety Act 1998, for "Department of Natural Resources 15 and Environment" substitute "Department of Environment, Land, Water and Planning". (2) In section 87(5)(e) of the Electricity Safety Act 1998, for "Department of Environment and Primary Industries," substitute "Department of 20 Environment, Land, Water and Planning,". 19 Other statute law revision amendments In section 141AB(4) of the Electricity Safety Act 1998, for "natual" substitute "natural". 591052B.I-15/10/2019 12 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 Part 3--Amendments to the Energy Safe Victoria Act 2005 Division 1--Victorian Energy Safety Commission 20 Purposes 5 In section 1(a) of the Energy Safe Victoria Act 2005, for "Energy Safe Victoria;" substitute "the Victorian Energy Safety Commission (which is also to be known as Energy Safe Victoria);". 10 21 Section 3 substituted For section 3 of the Energy Safe Victoria Act 2005 substitute-- "3 Definitions In this Act-- 15 Chairperson means the Commissioner appointed as Chairperson of Energy Safe Victoria under section 10E; Chief Executive Officer means the Chief Executive Officer of Energy Safe 20 Victoria appointed under section 11; Commissioner means a person appointed as a Commissioner of Energy Safe Victoria under section 10B; Deputy Chairperson means the 25 Commissioner appointed as Deputy Chairperson of Energy Safe Victoria under section 10F; Energy Safe Victoria means the Victorian Energy Safety Commission established 30 by section 4; 591052B.I-15/10/2019 13 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 Technical Advisory Committee means the Committee established under section 22A.". 22 Heading to Part 2 substituted 5 For the heading to Part 2 of the Energy Safe Victoria Act 2005 substitute-- "Part 2--Victorian Energy Safety Commission". 23 Section 4 substituted and new section 4A inserted 10 For section 4 of the Energy Safe Victoria Act 2005 substitute-- "4 Establishment of the Victorian Energy Safety Commission (1) The Victorian Energy Safety Commission is 15 established. (2) The Victorian Energy Safety Commission-- (a) is a body corporate with perpetual succession; and (b) has an official seal; and 20 (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do 25 and suffer; and (f) is also to be known as Energy Safe Victoria; and (g) may be referred to as Energy Safe Victoria for any purpose. 591052B.I-15/10/2019 14 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 4A Official seal (1) The official seal of Energy Safe Victoria-- (a) must be kept in custody as directed by Energy Safe Victoria; and 5 (b) must not be used except as authorised by Energy Safe Victoria. (2) All courts must take judicial notice of the seal of Energy Safe Victoria affixed to a document and, until the contrary is proved, 10 must presume that it was duly affixed.". 24 Delegation (1) For section 10(a) of the Energy Safe Victoria Act 2005 substitute-- "(a) a Commissioner; 15 (ab) the Chief Executive Officer; (ac) an employee of Energy Safe Victoria;". (2) At the end of section 10 of the Energy Safe Victoria Act 2005 insert-- "(2) The Chairperson may, by instrument, 20 delegate any function or power of the Chairperson, other than this power of delegation, to-- (a) another Commissioner; (b) the Chief Executive Officer; 25 (c) with the consent of the Minister, an employee of Energy Safe Victoria.". 591052B.I-15/10/2019 15 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 25 New Divisions 1A and 1B of Part 2 inserted After section 10 of the Energy Safe Victoria Act 2005 insert-- "Division 1A--Constitution 5 10A Constitution of Energy Safe Victoria Energy Safe Victoria consists of-- (a) a Commissioner appointed as Chairperson; and (b) a Commissioner appointed as Deputy 10 Chairperson; and (c) an additional Commissioner. 10B Appointment of Commissioners (1) The Governor in Council, on the recommendation of the Minister, may 15 appoint a person (other than the Chief Executive Officer) as a Commissioner. (2) In recommending a person for appointment as a Commissioner, the Minister must seek to ensure that collectively the 20 Commissioners have skills, qualifications, knowledge and experience in the fields of-- (a) regulation; and (b) economics; and (c) law; and 25 (d) community safety. 10C Duration of appointment as Commissioner A Commissioner-- (a) holds office for a term, not exceeding 30 5 years, specified in the instrument of appointment; and 591052B.I-15/10/2019 16 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (b) is not eligible to be appointed for more than 2 terms. 10D Terms and conditions of appointment as Commissioner 5 (1) A Commissioner is appointed on the terms and conditions that are specified in the instrument of appointment. (2) The instrument of appointment must specify-- 10 (a) the remuneration and allowances of the Commissioner; and (b) whether the Commissioner is appointed on a full-time or part-time basis. 10E Appointment of Chairperson 15 The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Chairperson of Energy Safe Victoria. 10F Appointment of Deputy Chairperson 20 The Governor in Council, on the recommendation of the Minister, may appoint a Commissioner as Deputy Chairperson of Energy Safe Victoria. 10G Vacancies and removal 25 (1) The office of a Commissioner becomes vacant if the Commissioner-- (a) becomes an insolvent under administration; or (b) is convicted or found guilty of an 30 indictable offence (or an offence that, if committed in Victoria, would be an indictable offence); or 591052B.I-15/10/2019 17 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (c) is removed from office under subsection (2); or (d) resigns by notice in writing to the Minister. 5 (2) The Governor in Council, on the recommendation of the Minister, may remove a Commissioner from office. (3) The Minister may recommend that the Governor in Council remove a 10 Commissioner from office only if-- (a) the Commissioner is incapable of performing the Commissioner's functions or duties; or (b) the Commissioner is negligent in 15 performing the Commissioner's functions or duties; or (c) the Commissioner engages in improper conduct in performing the Commissioner's functions or duties; or 20 (d) the Commissioner fails to disclose a pecuniary interest as required under section 10M; or (e) the Commissioner is convicted or found guilty of an offence against-- 25 (i) this Act; or (ii) the Gas Safety Act 1997; or (iii) the Electricity Safety Act 1998; or (iv) the Pipelines Act 2005; or 30 (f) the Minister considers that the Commissioner is no longer suitable to hold office. 591052B.I-15/10/2019 18 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 10H Acting arrangements (1) The Deputy Chairperson must act in the office of Chairperson during any period when-- 5 (a) the Chairperson's office is vacant; or (b) the Chairperson is absent; or (c) for any other reason, the Chairperson is unable to perform the Chairperson's functions or duties. 10 (2) The Governor in Council, on the recommendation of the Minister, may appoint a person to act in the office of a Commissioner for a period not exceeding 6 months if-- 15 (a) that Commissioner is absent; or (b) for any other reason, that Commissioner is unable to perform that Commissioner's functions or duties. (3) A person who is acting in an office under 20 this section has all the functions, powers and duties of that office under this or any other Act. (4) While the Deputy Chairperson is acting as Chairperson, the Deputy Chairperson is 25 entitled to be paid-- (a) the remuneration and allowances to which the Chairperson would have been entitled under their instrument of appointment under section 10D; and 30 (b) not the remuneration and allowances to which the Deputy Chairperson would have been entitled under their instrument of appointment under section 10D. 591052B.I-15/10/2019 19 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (5) While a person is acting in the office of a Commissioner, the person is entitled to be paid the remuneration and allowances to which that Commissioner would have been 5 entitled under their instrument of appointment under section 10D. 10I Validity of acts and decisions An act or decision of Energy Safe Victoria is not invalid merely because of-- 10 (a) a vacancy in the office of a Commissioner at the time of the decision; or (b) a defect or irregularity in, or in connection with, the appointment of a 15 Commissioner or an acting Commissioner. 10J Commissioners protected from liability (1) A Commissioner is not personally liable for anything done or omitted to be done in good 20 faith-- (a) in the exercise of a power or the performance of a function of Energy Safe Victoria; or (b) in the reasonable belief that the act or 25 omission was in the exercise of a power or the performance of a function of Energy Safe Victoria. (2) Any liability resulting from an act or omission that, without subsection (1), would 30 attach to the Commissioner attaches instead to Energy Safe Victoria. 591052B.I-15/10/2019 20 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 Division 1B--Procedure 10K Meetings (1) The Chairperson must determine when Energy Safe Victoria meets. 5 (2) A meeting of Energy Safe Victoria may be conducted by-- (a) telephone; or (b) audio visual link; or (c) another means of communication that 10 does not require the physical presence of each Commissioner in the same room. (3) The quorum at a meeting is 2 Commissioners of whom one must be the 15 Chairperson or the Deputy Chairperson. (4) The Chairperson must preside at a meeting of Energy Safe Victoria in which the Chairperson is included. (5) The Deputy Chairperson must preside at a 20 meeting of Energy Safe Victoria in which the Chairperson is not included. (6) A question arising at a meeting is determined by a majority of votes of the Commissioners. (7) The person presiding at a meeting has a 25 deliberative vote and, in the case of an equality of votes, a second or casting vote. (8) The person presiding at a meeting must ensure that accurate minutes are kept. 591052B.I-15/10/2019 21 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (9) Subject to this Act, Energy Safe Victoria may regulate its own proceedings. 10L Resolutions without meetings (1) Energy Safe Victoria may, in accordance 5 with this section, pass a resolution without a meeting. (2) The Chairperson may propose a resolution by making reasonable efforts to give each other Commissioner a written notice setting 10 out the proposed resolution. (3) Energy Safe Victoria is taken to have passed a resolution proposed in a notice under subsection (2) if at least 2 Commissioners sign a document that-- 15 (a) sets out the resolution; and (b) states that the Commissioners signing the document are in favour of that resolution. (4) It does not matter whether-- 20 (a) there is only one document that is signed by the Commissioners; or (b) different Commissioners sign different documents. (5) The resolution is taken to have been passed 25 on the day on which the second Commissioner signs a document under subsection (3). (6) A Commissioner who has a pecuniary interest in a resolution proposed in a notice 30 under subsection (2) must not sign a document under subsection (3) in respect of that resolution. 591052B.I-15/10/2019 22 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (7) Subsection (6) does not apply in relation to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms 5 and conditions. (8) If a Commissioner signs a document under subsection (3) in contravention of subsection (6), the Commissioner is taken to have validly signed the document for the 10 purposes of determining whether at least 2 Commissioners have signed a document under subsection (3). (9) The Chairperson must give each other Commissioner a copy of a resolution passed 15 under this section as soon as practicable after it is passed. (10) Energy Safe Victoria must keep a record of all resolutions passed under this section. 10M Pecuniary interests of Commissioners 20 (1) If a Commissioner has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Commissioner must disclose the nature of that interest at a meeting of Energy Safe Victoria. 25 (2) If the Chairperson has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria, the Chairperson must disclose the nature of that interest to the Minister. (3) The Chairperson must cause a record of a 30 disclosure made under subsection (1) or (2) to be made in the minutes of the meeting at which the disclosure is made or, in the case of a disclosure to the Minister, at the next meeting of Energy Safe Victoria. 591052B.I-15/10/2019 23 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (4) A Commissioner who has a pecuniary interest in a matter that is to be considered by Energy Safe Victoria must not be present during any deliberation with respect to, or 5 vote on, that matter. (5) A failure to comply with this section does not affect the validity of a decision of Energy Safe Victoria. (6) This section does not apply in relation to a 10 pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions.". 26 Division 2 of Part 2 substituted 15 For Division 2 of Part 2 of the Energy Safe Victoria Act 2005 substitute-- "Division 2--Chief Executive Officer 11 Appointment of Chief Executive Officer (1) Energy Safe Victoria may appoint a person 20 (other than a Commissioner) as the Chief Executive Officer of Energy Safe Victoria. (2) Before appointing a person as the Chief Executive Officer, Energy Safe Victoria must consult with the Minister. 25 (3) The Public Administration Act 2004 (other than Part 3 of that Act) applies to the Chief Executive Officer in respect of the office of Chief Executive Officer. 591052B.I-15/10/2019 24 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 12 Function of Chief Executive Officer The Chief Executive Officer is responsible to Energy Safe Victoria for the day-to-day management and administration of the affairs 5 of Energy Safe Victoria. 13 Duration of appointment as Chief Executive Officer The Chief Executive Officer-- (a) holds office for a term, not exceeding 10 5 years, specified in the instrument of appointment; and (b) is eligible to be reappointed. 14 Terms and conditions of appointment as Chief Executive Officer 15 (1) The Chief Executive Officer is appointed on the terms and conditions that are specified in the instrument of appointment. (2) The instrument of appointment must specify the remuneration and allowances of the 20 Chief Executive Officer. 15 Acting Chief Executive Officer (1) Energy Safe Victoria may appoint a person to act in the office of Chief Executive Officer if-- 25 (a) the office of Chief Executive Officer is vacant; or (b) the Chief Executive Officer is absent; or 591052B.I-15/10/2019 25 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (c) for any other reason, the Chief Executive Officer is unable to perform the Chief Executive Officer's functions or duties. 5 (2) A person who is acting in the office of Chief Executive Officer under this section has all the functions, powers and duties of that office under this or any other Act. (3) A person appointed to act in the office of 10 Chief Executive Officer under subsection (1)-- (a) is appointed for the period specified in the instrument of appointment; and (b) is appointed on the terms and 15 conditions (including remuneration and allowances), specified in the instrument of appointment; and (c) is eligible to be reappointed. (4) The period of appointment specified in the 20 instrument of appointment must not exceed 6 months. 16 Validity of acts and decisions by Chief Executive Officer (1) An act or decision of the Chief Executive 25 Officer is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Chief Executive Officer. (2) Anything done by or in relation to a person 30 purporting to act as Chief Executive Officer is not invalid merely because-- 591052B.I-15/10/2019 26 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (a) the occasion for the appointment has not arisen; or (b) there was a defect or irregularity in relation to the appointment; or 5 (c) the appointment has ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 17 Pecuniary interests of Chief Executive 10 Officer (1) If the Chief Executive Officer has a pecuniary interest in a matter that they are to consider, the Chief Executive Officer must disclose the nature of that interest to Energy 15 Safe Victoria. (2) Subsection (1) does not apply to a pecuniary interest that is a result of the supply of goods or services that are available to members of the public on the same terms and conditions. 20 (3) A failure to comply with this section does not affect the validity of a decision of the Chief Executive Officer. 18 Protection from liability--Chief Executive Officer 25 (1) The Chief Executive Officer is not personally liable for anything done or omitted to be done in good faith-- (a) in the exercise of a power or the performance of a function of the Chief 30 Executive Officer; or 591052B.I-15/10/2019 27 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of the Chief Executive Officer. 5 (2) Any liability resulting from an act or omission that, without subsection (1), would attach to the Chief Executive Officer attaches instead to Energy Safe Victoria.". 27 General Account 10 For section 24(3)(b) of the Energy Safe Victoria Act 2005 substitute-- "(b) for the remuneration, allowances and expenses of-- (i) the Chief Executive Officer; and 15 (ii) any acting Chief Executive Officer; and (iii) the employees of Energy Safe Victoria;". 28 Improper use of information For section 25 of the Energy Safe Victoria 20 Act 2005 substitute-- "25 Improper use of information (1) This section applies to a person who is or has been-- (a) a Commissioner; or 25 (b) the Chief Executive Officer; or (c) the chief electrical inspector within the meaning of Part 5; or (d) the Director of Gas Safety within the meaning of Part 5; or 591052B.I-15/10/2019 28 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (e) an employee, agent or contractor of-- (i) Energy Safe Victoria; or (ii) OCEI within the meaning of Part 5; or 5 (iii) OGS within the meaning of Part 5; or (iv) the old body within the meaning of Part 6. (2) A person specified in subsection (1) must not 10 make improper use of any protected information to obtain, directly or indirectly, any pecuniary or other advantage for any person. Penalty: 100 penalty units. 15 (3) In this section-- protected information, in relation to a person specified in subsection (1), means information that the person acquired in the course of the person's 20 duties-- (a) as the holder of an office referred to in that subsection; or (b) as an employee, agent or contractor referred to in that 25 subsection.". 29 Section 43 repealed (1) Section 43 of the Energy Safe Victoria Act 2005 is repealed. (2) The heading to Division 4 of Part 5 of the Energy 30 Safe Victoria Act 2005 is repealed. 591052B.I-15/10/2019 29 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 Division 2--Technical Advisory Committee 30 New Division 3A of Part 2 inserted After section 22 of the Energy Safe Victoria Act 2005 insert-- 5 "Division 3A--Technical Advisory Committee 22A Minister must establish Technical Advisory Committee The Minister must-- 10 (a) establish a Technical Advisory Committee; and (b) determine the procedure of the Committee; and (c) determine the Committee's terms of 15 reference. 22B Constitution of Technical Advisory Committee The Technical Advisory Committee is to consist of the persons appointed by the 20 Minister under section 22D. 22C Function of Technical Advisory Committee (1) The function of the Technical Advisory Committee is to provide advice to Energy 25 Safe Victoria as described in this section. (2) Subject to subsection (3), the Technical Advisory Committee-- (a) may provide advice to Energy Safe Victoria on its own initiative; and 30 (b) must provide advice to Energy Safe Victoria on request. 591052B.I-15/10/2019 30 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (3) The Technical Advisory Committee must not provide advice on a matter that-- (a) does not relate to Energy Safe Victoria's functions; and 5 (b) is not within the scope of the terms of reference determined under section 22A(c). 22D Appointment of members of Technical Advisory Committee 10 (1) The Minister may appoint a person to be a member of the Technical Advisory Committee. (2) In appointing a person, the Minister must seek to ensure that the membership of the 15 Technical Advisory Committee includes members who are able to represent the interests of-- (a) the electricity industry; and (b) the gas industry; and 20 (c) employees in those industries; and (d) the Victorian community. 22E Duration of appointment as committee member A member of the Technical Advisory 25 Committee-- (a) holds office for a term, not exceeding 3 years, specified in the instrument of appointment; and (b) is eligible to be reappointed. 591052B.I-15/10/2019 31 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 22F Terms and conditions of appointment as committee member (1) A member of the Technical Advisory Committee is appointed on the terms and 5 conditions that are specified in the instrument of appointment. (2) The instrument of appointment must specify-- (a) the remuneration and allowances of the 10 member; and (b) whether the member is appointed on a full-time or part-time basis.". Division 3--Ministerial directions 31 New Division 3B inserted 15 Before Division 4 of Part 2 of the Energy Safe Victoria Act 2005 insert-- "Division 3B--Direction by the Minister 22G Minister may give directions to Energy Safe Victoria 20 (1) The Minister may notify Energy Safe Victoria that the Minister intends to give Energy Safe Victoria a direction under subsection (2) in respect of the exercise of its powers, or the performance of its functions, 25 under-- (a) this Act; or (b) the Gas Safety Act 1997; or (c) the Electricity Safety Act 1998; or (d) the Pipelines Act 2005. 591052B.I-15/10/2019 32 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (2) At least 14 days after notifying Energy Safe Victoria of a proposed direction, the Minister may give that direction to Energy Safe Victoria. 5 (3) The Minister must not give Energy Safe Victoria a direction under subsection (2) about-- (a) the taking of enforcement action by Energy Safe Victoria for a 10 contravention of-- (i) an Act referred to in subsection (1); or (ii) regulations made under any of those Acts; or 15 (b) any decision or action of Energy Safe Victoria in respect of a particular person or product, or particular equipment. (4) Energy Safe Victoria must comply with a 20 direction under subsection (2). 22H Publication of directions Energy Safe Victoria must publish on the Internet each direction given by the Minister under section 22G(2). 25 22I Directions to be summarised in annual report Energy Safe Victoria must include in its annual report under section 45 of the Financial Management Act 1994 a 30 summary of each direction given by the Minister under section 22G(2) in the financial year to which that annual report relates.". 591052B.I-15/10/2019 33 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 Division 4--Transitional provisions 32 New Part 6 inserted After Part 5 of the Energy Safe Victoria Act 2005 insert-- 5 "Part 6--Transitional provisions-- Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2019 10 44 Definitions In this Part-- accountable officer has the same meaning as in the Financial Management Act 1994; 15 commencement day means the date of commencement of this Part; Director means the person who, immediately before the commencement day, held office as the Director of Energy Safe 20 Victoria appointed under section 12 as in force at that time; financial statements means financial statements under Part 7 of the Financial Management Act 1994; 25 new body means the body established by section 4 as substituted by section 23 of the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other 30 Matters) Act 2019; 591052B.I-15/10/2019 34 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 old body means the body called Energy Safe Victoria established by section 4 as in force immediately before its substitution by section 23 of the 5 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2019; report of operations means a report of 10 operations under Part 7 of the Financial Management Act 1994. 45 Abolition of old body On the commencement day-- (a) the old body is abolished; and 15 (b) the new body is the successor in law to the old body; and (c) all rights, assets, property, liabilities and obligations of the old body immediately before its abolition 20 become rights, assets, property, liabilities and obligations of the new body; and (d) the new body is substituted as a party in any proceedings, contract, agreement or 25 arrangement commenced or made by or against or in relation to the old body; and (e) the new body may continue and complete any other continuing matter 30 or thing-- (i) commenced by or against or in relation to the old body; and (ii) commenced by or against or in relation to the Director. 591052B.I-15/10/2019 35 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 46 Abolition of office of Director of Energy Safe Victoria On the commencement day-- (a) the office of Director of Energy Safe 5 Victoria is abolished; and (b) the Director goes out of office. 47 Superseded references A reference in any Act (other than this Act), subordinate instrument, agreement, deed or 10 other document to the old body (however described), or to the Director of Energy Safe Victoria (however described), must be construed as a reference to the new body-- (a) so far as the reference relates to any 15 period on or after the commencement day; and (b) if not inconsistent with the subject matter. 48 Staff 20 (1) On the commencement day any person who was an employee of the old body immediately before that day is taken to be an employee of the new body on the same terms and conditions and with the same accrued 25 and accruing entitlements as applied to that person immediately before that day as an employee of the old body. (2) If subsection (1) applies to a person-- (a) the service of the person as an 30 employee with the new body is to be regarded for all purposes as having been continuous with the service of the employee with the old body; and 591052B.I-15/10/2019 36 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (b) the person is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the old body. 5 (3) Nothing in this section prevents an employee of the old body from resigning or being dismissed at any time after the commencement day in accordance with the terms and conditions of the employee's 10 employment. 49 Outstanding statements and reports under Financial Management Act 1994 (1) The new body must cause to be prepared, in accordance with Part 7 of the Financial 15 Management Act 1994, the report of operations for the old body's final financial year if the old body had not prepared that report before the commencement day. (2) The new body's accountable officer must 20 cause to be prepared, in accordance with Part 7 of the Financial Management Act 1994, the financial statements for the old body's final financial year if the old body's accountable officer had not prepared those 25 statements before the commencement day. (3) The new body must, in accordance with Part 7 of the Financial Management Act 1994, submit the report of operations for the old body's final financial year if the old 30 body had not submitted that report before the commencement day. (4) If the new body is required to submit a report under subsection (3), the report must be submitted as soon as practicable after it has 35 been prepared. 591052B.I-15/10/2019 37 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (5) The new body's accountable officer must, in accordance with Part 7 of the Financial Management Act 1994, submit the financial statements for the old body's final financial 5 year if the old body's accountable officer had not submitted those statements before the commencement day. (6) If the new body's accountable officer is required to submit statements under 10 subsection (5), those statements must be submitted-- (a) within 8 weeks after the end of the old body's final financial year; or (b) if that period has already elapsed, as 15 soon as practicable after the statements have been prepared. (7) The old body's final financial year is the period of 12 months ending at midnight on 30 June preceding the commencement day. 20 50 First new statements and reports under Financial Management Act 1994 (1) If the commencement day is not 1 July 2020-- (a) the new body must incorporate into the 25 new body's first report of operations the report of operations of the old body during the transitional reporting period; and (b) the new body's accountable officer 30 must incorporate into the new body's first financial statements the financial statements for the old body during the transitional reporting period. 591052B.I-15/10/2019 38 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 3--Amendments to the Energy Safe Victoria Act 2005 (2) The transitional reporting period is the period-- (a) beginning 1 July preceding the commencement day; and 5 (b) ending on the commencement day.". 591052B.I-15/10/2019 39 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts Part 4--Amendments to other Acts Division 1--Gas Safety Act 1997 33 Definitions (1) In section 3(1) of the Gas Safety Act 1997, the 5 definition of Director is repealed. (2) In section 3(1) of the Gas Safety Act 1997, for the definition of Energy Safe Victoria substitute-- "Energy Safe Victoria has the same meaning as it 10 has in the Energy Safe Victoria Act 2005;". (3) Insert the following definitions in section 3(1) of the Gas Safety Act 1997-- "Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the 15 Energy Safe Victoria Act 2005; Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005; 20 Commissioner of Energy Safe Victoria means a Commissioner within the meaning of the Energy Safe Victoria Act 2005;". 34 Inspectors (1) In section 86(1) of the Gas Safety Act 1997, for 25 "Director" substitute "Chairperson of Energy Safe Victoria". (2) In section 86(2) and (3)(a) of the Gas Safety Act 1997, for "Director" substitute "Chairperson of Energy Safe Victoria". 591052B.I-15/10/2019 40 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts (3) In section 86(4) of the Gas Safety Act 1997, for "his or her" substitute "their". (4) In section 86(5) of the Gas Safety Act 1997, for "Director" substitute "Chairperson of Energy 5 Safe Victoria". 35 Entry to be reported to the Director (1) In the heading to section 93 of the Gas Safety Act 1997, for "the Director" substitute "Energy Safe Victoria". 10 (2) In section 93(1) of the Gas Safety Act 1997, for "the Director" substitute "Energy Safe Victoria". (3) In section 93(3) of the Gas Safety Act 1997-- (a) for "The Director" substitute "Energy Safe Victoria"; 15 (b) for "the Director" substitute "Energy Safe Victoria". (4) For section 93(4) of the Gas Safety Act 1997 substitute-- "(4) Energy Safe Victoria must keep, as part of 20 that register, the register sent under clause 6(1)(a) of Schedule 1.". 36 Heading to section 106 inserted Insert the following heading to section 106 of the Gas Safety Act 1997-- 25 "Chairperson of Energy Safe Victoria may give directions". 37 Section 106 amended (1) In section 106(1) of the Gas Safety Act 1997-- (a) for "Director" (where first occurring) 30 substitute "Chairperson of Energy Safe Victoria"; 591052B.I-15/10/2019 41 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts (b) for "Director" (where secondly occurring) substitute "Chairperson". (2) In section 106(2) of the Gas Safety Act 1997-- (a) for "Director" (where first occurring) 5 substitute "Chairperson of Energy Safe Victoria"; (b) for "Director" (where secondly occurring) substitute "Chairperson". 38 Additional powers in emergencies 10 (1) In section 107(1) of the Gas Safety Act 1997-- (a) for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria"; (b) for "Director" (where secondly occurring) 15 substitute "Chairperson". (2) In section 107(1A) of the Gas Safety Act 1997, for "Director" (where twice occurring) substitute "Chairperson". (3) In section 107(4) of the Gas Safety Act 1997, for 20 "Director" substitute "Chairperson". 39 Power of Minister (1) In section 107A(1) of the Gas Safety Act 1997-- (a) for "Director" (where first occurring) substitute "Chairperson of Energy Safe 25 Victoria"; (b) for "Director" (where secondly occurring) substitute "Chairperson". (2) In section 107A(2) of the Gas Safety Act 1997, for "Director" (wherever occurring) substitute 30 "Chairperson". 591052B.I-15/10/2019 42 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts 40 Section 107B substituted For section 107B of the Gas Safety Act 1997 substitute-- "107B Delegation by Chairperson of Energy Safe 5 Victoria (1) The Chairperson of Energy Safe Victoria may by instrument, delegate any of the following functions and powers to a person specified in subsection (2)-- 10 (a) any function or power under section 106; or (b) with the consent of the Minister, any function or power under section 107. (2) The functions and powers may be delegated 15 to-- (a) another Commissioner of Energy Safe Victoria; or (b) the Chief Executive Officer of Energy Safe Victoria; or 20 (c) any employee of Energy Safe Victoria.". 41 Heading to section 108 inserted Insert the following heading to section 108 of the Gas Safety Act 1997-- 25 "Defence to certain offences if complying with directions of Chairperson of Energy Safe Victoria". 42 Section 108 amended In section 108 of the Gas Safety Act 1997, for 30 "Director" substitute "Chairperson of Energy Safe Victoria". 591052B.I-15/10/2019 43 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts 43 Protection from liability For section 109(2) of the Gas Safety Act 1997 substitute-- "(2) This section applies to-- 5 (a) the Chairperson of Energy Safe Victoria; and (b) Energy Safe Victoria; and (c) the employees and agents of Energy Safe Victoria.". 10 44 New section 109B inserted After section 109A of the Gas Safety Act 1997 insert-- "109B Notification to Minister The Chairperson of Energy Safe Victoria 15 must notify the Minister in writing if the Chairperson-- (a) gives a direction under section 106(1) or (2); or (b) gives a direction or does any other 20 thing under section 107(1); or (c) gives a direction under section 107(1A).". 45 Heading to section 110 inserted Insert the following heading to section 110 of the 25 Gas Safety Act 1997-- "Issue of improvement notice". 591052B.I-15/10/2019 44 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts 46 Section 110 amended (1) In section 110(1) of the Gas Safety Act 1997-- (a) for "Director" (where first occurring) substitute "Chairperson of Energy Safe 5 Victoria"; (b) for "Director" (where secondly occurring) substitute "Chairperson". (2) In section 110(3)(a) of the Gas Safety Act 1997, for "Director" substitute "Chairperson". 10 47 Heading to section 112 inserted Insert the following heading to section 112 of the Gas Safety Act 1997-- "Issue of prohibition notice". 48 Director or inspector may issue prohibition notice 15 (1) In section 112(1) of the Gas Safety Act 1997-- (a) for "Director" (where first occurring) substitute "Chairperson of Energy Safe Victoria"; (b) for "Director" (where secondly occurring) 20 substitute "Chairperson". (2) In section 112(2) of the Gas Safety Act 1997, for "Director" substitute "Chairperson". (3) In section 112(3) of the Gas Safety Act 1997-- (a) in paragraph (a), for "Director" substitute 25 "Chairperson"; (b) in paragraphs (c) and (d), for "Director's" substitute "Chairperson's". 49 Notices may include directions In section 114(1) of the Gas Safety Act 1997, for 30 "Director" substitute "Chairperson of Energy Safe Victoria". 591052B.I-15/10/2019 45 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts 50 New section 129 inserted After section 128 of the Gas Safety Act 1997 insert-- "129 Transitional provision--Energy Safety 5 Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2019 (1) The amendments made by the amending Act do not affect an appointment under 10 section 86(1) that was in force immediately before the commencement of this section. (2) An appointment referred to in subsection (1) continues in effect on and after the commencement of this section.". 15 (3) Section 108 applies in relation to an old direction in the same way that it applies in relation to a direction given under Division 1 of Part 6 by the Chief Executive Officer of Energy Safe Victoria. 20 (4) In this section-- amending Act means the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2019; 25 old direction means a direction that was given-- (a) under Division 1 of Part 6; and (b) before the commencement of section 37 of the amending Act; 30 and (c) by the person who, at that time, was the Director within the meaning of the Energy Safe 591052B.I-15/10/2019 46 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts Victoria Act 2005 as in force at that time.". Division 2--Pipelines Act 2005 51 Definitions 5 In section 5 of the Pipelines Act 2005, for the definition of Energy Safe Victoria substitute-- "Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;". 52 Co-ordination of notices and notice periods 10 In section 33(1) of the Pipelines Act 2005, for "a applicant" substitute "an applicant". 53 Delegation by Minister For section 184(c) of the Pipelines Act 2005 substitute-- 15 "(c) a Commissioner within the meaning of the Energy Safe Victoria Act 2005; or (d) the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005; or 20 (e) any other employee of Energy Safe Victoria.". Division 3--Other Acts 54 Electricity Industry Act 2000 For section 105(4) of the Electricity Industry 25 Act 2000 substitute-- "(4) In this section-- Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005.". 591052B.I-15/10/2019 47 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 4--Amendments to other Acts 55 Gas Industry Act 2001 For section 231(4) of the Gas Industry Act 2001 substitute-- "(4) In this section-- 5 Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005.". 56 National Electricity (Victoria) Act 2005 In section 13 of the National Electricity 10 (Victoria) Act 2005, for the definition of Energy Safe Victoria substitute-- "Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;". 57 National Gas (Victoria) Act 2008 15 In section 3(1) of the National Gas (Victoria) Act 2008, for the definition of Energy Safe Victoria substitute-- "Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;". 20 58 Rail Safety (Local Operations) Act 2006 In section 3(1) of the Rail Safety (Local Operations) Act 2006, for the definition of Energy Safe Victoria substitute-- "Energy Safe Victoria has the same meaning as it 25 has in the Energy Safe Victoria Act 2005;". 591052B.I-15/10/2019 48 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 Part 5--Repeal of this Act Part 5--Repeal of this Act 59 Repeal of this Act This Act is repealed on 1 January 2022. Note 5 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). ═════════════ 591052B.I-15/10/2019 49 BILL LA INTRODUCTION 15/10/2019

Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Bill 2019 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. By Authority. Government Printer for the State of Victoria. 591052B.I-15/10/2019 50 BILL LA INTRODUCTION 15/10/2019

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