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State Electricity Commission Amendment Act 2024
No. of 2024
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Abolition of the State Electricity Commission of Victoria
and related amendments 3
4 Change of title to Principal Act 3
5 Short title and commencement 3
6 Section 2 repealed 3
7 Definitions 3
8 Part I repealed 4
9 Heading to Part II amended 4
10 General functions and powers 4
11 Functions and powers in relation to gas 5
12 Functions and powers in relation to ports 5
13 Sections 18, 19, 20 and 21 repealed 6
14 Section 23 repealed 6
15 Section 24 amended 6
16 Leases and licences under Land Act 1958 7
17 Sections 79B, 82A, 83, 84 and 84A repealed 7
18 Section 85 substituted 7
19 Sections 85A, 85B, 85C and 85D repealed 7
20 Part VIII repealed 8
21 Sections 101, 102, 103, 103A, 103B, 105, 105A, 106, 107 and
108 repealed 8
22 Sections 110 and 111 repealed 8
23 New Part X inserted 8
24 Fifth Schedule repealed 13
25 Sixth Schedule amended 13
26 Seventh Schedule repealed 15
Part 3--Related amendments to the Electricity Industry (Residual
Provisions) Act 1993 16
27 Definitions 16
28 Subsidiary 19
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Clause Page
29 Directions 20
30 Payments in respect of financial obligations 20
31 Corporate plan 20
32 Statement of corporate intent: contents 20
33 Electricity corporations to act in accordance with corporate
plan 20
34 Non-commercial functions 20
35 Dividends 21
36 Section 42AA substituted 21
37 Certain rights deemed to be easements appurtenant to lands of
electricity corporation 21
38 Section 47A amended 22
39 Functions and powers 22
40 Delegation 22
41 Directions 22
42 Sections 62, 62A and 62AA repealed 22
43 Certificate of Administrator 23
44 New section 63AA inserted 23
45 Division 1A of Part 5 repealed 24
46 Sections 64, 65, 66, 66A, 67, 68, 69, 70, 71 and 71A repealed 24
47 Interests in land 24
48 Amendment of Register 24
49 Taxes 24
50 Section 75 repealed 25
51 Validity of things done under this Act 25
52 Division 3 of Part 5 repealed 26
53 Part 6 repealed 26
54 Reports to Treasurer 26
55 Section 86 repealed 27
56 Treasurer may give guarantee 27
57 Section 91 repealed 27
58 Section 91AC repealed 27
59 Section 115 repealed 27
60 Validity of things done under this Part 28
61 Section 133 repealed 28
62 Definitions 28
63 Validity of things done under this Part 28
64 Sections 153TP and 153TZG repealed 28
65 Sections 153V and 153W repealed 28
66 Application of Part 29
67 Section 158BA repealed 29
68 New Division 1AA inserted in Part 14 29
69 Section 185 repealed 29
70 Issue of Crown grant 29
71 New Division 1AA inserted in Part 15 30
72 Issue of Crown grant 30
73 New Division 1AA inserted in Part 16 30
ii
Clause Page
74 Surrender of land to Crown 30
75 Section 209 repealed 31
76 Issue of Crown grant 31
77 Schedule 3 amended 31
78 Schedule 3A amended 31
79 Schedule 3B amended 32
80 Schedule 3C amended 32
Part 4--Amendment of other Acts 33
Division 1--Alcoa (Portland Aluminium Smelter) Act 1980 33
81 New section 2A inserted 33
Division 2--Electricity Industry Act 2000 33
82 Definitions 33
83 Application of Part 33
Division 3--Electricity Safety Act 1998 34
84 Constitution of Committee 34
85 Transitional provisions--electrical contractors and mechanics 34
86 Transitional provision--electrical equipment 34
87 Transitional provision--urban area 34
88 Statute law revision 34
Division 4--Emergency Services Superannuation Act 1986 34
89 Transfer of assets in respect of VEISF beneficiaries 34
Division 5--Essential Services Act 1958 35
90 Definitions 35
Division 6--Estate Agents Act 1980 35
91 Act not to apply to Government Departments etc. 35
92 Statute law revision 35
Division 7--Forests (Wood Pulp Agreements) Act 1974 35
93 Ratification etc. of Agreement 35
Division 8--Gas Industry (Residual Provisions) Act 1994 36
94 Certificate of chief executive officer 36
95 Certificate of chief executive officer 36
Division 9--Land Act 1958 36
96 Covenants conditions etc. of lease or licence 36
Division 10--Loy Yang B Act 1992 36
97 New section 3A inserted 36
iii
Clause Page
Division 11--Melbourne City Link Act 1995 37
98 Definitions 37
Division 12--Mines (Aluminium Agreement) Act 1961 37
99 Interpretation 37
100 Ratification etc. and enforcement of Agreement and
modification of Acts etc. 37
101 Easements for transmission of electricity 38
Division 13--National Parks Act 1975 38
102 Definitions 38
103 Operations in the Alpine National Park 38
Division 14--Port Management Act 1995 38
104 Definitions 38
105 Definitions 39
106 Definitions 39
Division 15--Port Melbourne (Aircraft Agreement) Land Act 1937 39
107 Section 7 repealed 39
Division 16--Public Authorities (Dividends) Act 1983 39
108 Definitions 39
Division 17--Snowy Hydro Corporatisation Act 1997 40
109 Section 16 repealed 40
Division 18--Subdivision Act 1988 40
110 What does this Act apply to? 40
Division 19--Treasury Corporation of Victoria Act 1992 40
111 Definitions 40
112 Schedule 1 amended 40
Division 20--Westernport Development Act 1967 41
113 New section 2A inserted 41
Division 21--Wrongs (Public Contracts) Act 1981 41
114 Interpretations 41
Part 5--Repeal of this Act 42
115 Repeal of this Act 42
═════════════
Endnotes 43
1 General information 43
iv
State Electricity Commission
Amendment Act 2024
No. of 2024
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the State Electricity Commission
Act 1958--
(i) to abolish the State Electricity
Commission of Victoria established by
that Act; and
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State Electricity Commission Amendment Act 2024
No. of 2024
Part 1--Preliminary
(ii) to transfer functions and powers of the
abolished State Electricity Commission
of Victoria to the Minister; and
(iii) to transfer all property, rights and
liabilities of the abolished State
Electricity Commission of Victoria to
the State; and
(iv) to change the name of that Act to the
Former SEC (Residual Provisions)
Act 1958; and
(v) to consequentially amend that Act; and
(b) to consequentially amend the Electricity
Industry (Residual Provisions) Act 1993
and other Acts.
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 14 November 2024, it comes into
operation on that day.
3 Principal Act
In this Act, the State Electricity Commission
Act 1958 is called the Principal Act.
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Part 2--Abolition of the State Electricity Commission of Victoria and related
amendments
Part 2--Abolition of the State Electricity
Commission of Victoria and related
amendments
4 Change of title to Principal Act
In the title to the Principal Act, for
"State Electricity Commission" substitute
"Former SEC (Residual Provisions)".
5 Short title and commencement
In section 1 of the Principal Act, for
"State Electricity Commission" substitute
"Former SEC (Residual Provisions)".
6 Section 2 repealed
Section 2 of the Principal Act is repealed.
7 Definitions
(1) In section 3(1) of the Principal Act--
(a) insert the following definition--
"former SEC means the State Electricity
Commission of Victoria in existence
immediately before the commencement
of section 8 of the State Electricity
Commission Amendment Act 2024;";
(b) in the definition of undertaking, for
"Commission" substitute "former SEC";
(c) the definitions of Administrator and
Commission are repealed.
(2) In section 3(2) of the Principal Act, for
"Commission" (wherever occurring) substitute
"former SEC".
(3) In section 3(4) of the Principal Act, for
"Commission" substitute "former SEC".
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8 Part I repealed
Part I of the Principal Act is repealed.
9 Heading to Part II amended
In the heading to Part II of the Principal Act, for
"Commission" substitute "Minister".
10 General functions and powers
(1) In section 12A(1) of the Principal Act--
(a) for "Commission" substitute "Minister";
(b) in paragraph (a), for "it" substitute
"the former SEC";
(c) in paragraph (b), for "it" substitute
"the former SEC";
(d) in paragraph (c), for "Commission"
substitute "former SEC";
(e) in paragraph (e) omit "with the approval of
the Treasurer,".
(2) Section 12A(1)(d) and (ea) of the Principal Act
are repealed.
(3) In section 12A(1)(f) of the Principal Act, for
"Commission" substitute "former SEC".
(4) In section 12A(2) of the Principal Act--
(a) for "Commission" substitute "Minister";
(b) for "its" substitute "the Minister's".
(5) In section 12A(3) of the Principal Act--
(a) for "Commission--" substitute
"Minister--";
(b) in paragraph (b), for "Commission's"
substitute "Minister's".
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11 Functions and powers in relation to gas
(1) In section 12B(1) of the Principal Act--
(a) for "Commission" (where first occurring)
substitute "Minister";
(b) in paragraph (a), for "it" substitute
"the former SEC";
(c) in paragraph (b), for "Commission"
substitute "former SEC";
(d) in paragraph (c), for "its" substitute
"the Minister's";
(e) in paragraph (d)--
(i) for "Commission" substitute
"former SEC";
(ii) for "Act;" substitute "Act.";
(f) paragraph (e) is repealed.
(2) In section 12B(2) of the Principal Act--
(a) for "Commission" substitute "Minister";
(b) for "its" substitute "the Minister's".
(3) In section 12B(3) of the Principal Act--
(a) for "Commission--" substitute
"Minister--";
(b) in paragraph (a), for "its" substitute
"the Minister's";
(c) in paragraph (b), for "Commission's"
substitute "Minister's".
12 Functions and powers in relation to ports
(1) In section 12C(1) of the Principal Act--
(a) for "Commission" (where first occurring)
substitute "Minister";
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(b) in paragraph (a), for "it" substitute
"the former SEC";
(c) in paragraph (b), for "Commission"
substitute "former SEC";
(d) in paragraph (c), for "its" substitute
"the Minister's";
(e) in paragraph (d), for "Commission"
substitute "former SEC".
(2) In section 12C(2) of the Principal Act--
(a) for "Commission" substitute "Minister";
(b) for "its" substitute "the Minister's".
(3) In section 12C(3) of the Principal Act--
(a) for "Commission--" substitute
"Minister--";
(b) in paragraph (a), for "its" substitute
"the Minister's";
(c) in paragraph (b), for "Commission's"
substitute "Minister's".
13 Sections 18, 19, 20 and 21 repealed
Sections 18, 19, 20 and 21 of the Principal Act are
repealed.
14 Section 23 repealed
Section 23 of the Principal Act is repealed.
15 Section 24 amended
(1) Insert the following heading to section 24 of the
Principal Act--
"Power to amend, vary or cancel
encumbrances on Crown grant issued to
former SEC".
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Part 2--Abolition of the State Electricity Commission of Victoria and related
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(2) In section 24(1) of the Principal Act--
(a) paragraph (a) is repealed;
(b) in paragraph (b)--
(i) for "Commission" (where twice
occurring) substitute "former SEC";
(ii) for "he" substitute "the Governor in
Council".
16 Leases and licences under Land Act 1958
In section 25(2) of the Principal Act, for
"Commission" substitute "Minister".
17 Sections 79B, 82A, 83, 84 and 84A repealed
Sections 79B, 82A, 83, 84 and 84A of the
Principal Act are repealed.
18 Section 85 substituted
For section 85 of the Principal Act substitute--
"85 Electricity, gas and port property of
former SEC
(1) The property, rights and liabilities of the
former SEC relating to its functions, other
than its functions under sections 12B and
12C, are the electricity property of the State.
(2) The property, rights and liabilities of the
former SEC relating to its functions under
section 12B are the gas property of the State.
(3) The property, rights and liabilities of the
former SEC relating to its functions under
section 12C are the port property of the
State.".
19 Sections 85A, 85B, 85C and 85D repealed
Sections 85A, 85B, 85C and 85D of the Principal
Act are repealed.
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20 Part VIII repealed
Part VIII of the Principal Act is repealed.
21 Sections 101, 102, 103, 103A, 103B, 105, 105A, 106,
107 and 108 repealed
Sections 101, 102, 103, 103A, 103B, 105, 105A,
106, 107 and 108 of the Principal Act are
repealed.
22 Sections 110 and 111 repealed
Sections 110 and 111 of the Principal Act are
repealed.
23 New Part X inserted
After Part IX of the Principal Act insert--
"Part X--Transfer of property,
rights and liabilities etc. of State
Electricity Commission of Victoria
to the State
112 Definitions
In this Part--
amending Act means the State Electricity
Commission Amendment Act 2024;
commencement day means the day on which
section 8 of the amending Act comes
into operation;
former SEC property means property, rights
or liabilities of the former SEC that,
under this Part, have become property,
rights or liabilities of the State;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
or prospective;
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Part 2--Abolition of the State Electricity Commission of Victoria and related
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property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
description;
rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective.
113 State Electricity Commission of Victoria
abolished
On the commencement day--
(a) the State Electricity Commission of
Victoria is abolished and the person
appointed to the office of the Interim
Chief Executive Officer of the State
Electricity Commission, by Order in
Council dated 19 December 2022 and
published in the Government Gazette
on 19 December 2022, goes out of
office; and
(b) subject to this Part--
(i) all property of the former SEC
immediately before its abolition
becomes the property of the State;
and
(ii) all rights and liabilities of the
former SEC immediately before
its abolition become rights and
liabilities of the State; and
(iii) the State is substituted for the
former SEC as a party in any
proceedings, contract, agreement
or arrangement commenced or
made by or against or in relation
to the former SEC; and
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Part 2--Abolition of the State Electricity Commission of Victoria and related
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(iv) the State must continue and
complete any other continuing
matter or thing commenced by or
against or in relation to the former
SEC.
114 Superseded references
A reference to the State Electricity
Commission of Victoria (established under
this Act) in any Act (other than this Act) or
in any instrument (including a subordinate
instrument) made under or for the purposes
of any Act, or any other document (by
whatever name) prepared or made under or
for the purposes of any Act, must be
construed as a reference to the State--
(a) so far as the reference relates to any
period on or after the commencement
of section 8 of the amending Act; and
(b) if not inconsistent with the subject
matter.
115 Title to Act
On and after the commencement of this
section, any reference in any Act (other than
this Act), regulation, subordinate instrument
or other document to the State Electricity
Commission Act 1958 is to be construed as
a reference to the Former SEC (Residual
Provisions) Act 1958, unless the contrary
intention appears.
116 Transfer subject to encumbrances
If, under this Part, property, rights and
liabilities of the former SEC become
property, rights or liabilities of the State--
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(a) the property and rights become
property and rights of the State subject
to the encumbrances (if any) to which
they were subject immediately before
the operation of this Part; and
(b) the rights to which the former SEC was
entitled in respect of those liabilities
immediately before they ceased to be
its liabilities become rights in respect of
liabilities of the State.
117 Interests in land
Without affecting the generality of this Part
and despite anything to the contrary in any
other Act (other than the Charter of Human
Rights and Responsibilities Act 2006) or
law, if, immediately before the
commencement day, the former SEC is, in
relation to property, rights or liabilities that
become, under this Part, the property, rights
or liabilities of the State, the registered
proprietor of an interest in land under the
Transfer of Land Act 1958, then on and
after that day--
(a) the State is taken to be the registered
proprietor of that interest in land; and
(b) the State has the same rights and
remedies in respect of that interest as
the former SEC had.
118 Easements
If the State acquires any right in the nature of
an easement (whether as a result of the
operation of this Part or otherwise), that right
must be taken to be an easement even though
there is no land vested in the State which is
benefited or capable of being benefited by
that right.
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Part 2--Abolition of the State Electricity Commission of Victoria and related
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119 Action by Registrar of Titles
On being requested to do so and on delivery
of any relevant instrument, the Registrar of
Titles must make any recordings in the
Register that are necessary because of the
operation of this Part.
120 Money standing to the credit of certain
funds transferred to the Consolidated
Fund
(1) On the repeal of section 83, any amounts
standing to the credit of the Electricity Fund
are transferred to, and form part of, the
Consolidated Fund.
(2) On the repeal of section 84, any amounts
standing to the credit of the Gas Fund are
transferred to, and form part of, the
Consolidated Fund.
(3) On the repeal of section 84A, any amounts
standing to the credit of the Ports Fund are
transferred to, and form part of, the
Consolidated Fund.
121 Taxes
No stamp duty or other tax is chargeable
under any Act in respect of anything done
under this Part or in respect of any act or
transaction connected with or necessary to be
done by reason of this Part, including a
transaction entered into or an instrument
made, executed, lodged or given for the
purpose of or connected with the transfer of
property, rights or liabilities of the former
SEC.
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122 Evidence
(1) Documentary or other evidence that
would have been admissible for or against
the interests of the former SEC in relation to
former SEC property, if this Part had not
been enacted, is admissible for or against the
interests of the State, if that property
becomes property, rights or liabilities of the
State.
(2) The Evidence Act 2008 applies with
respect to the books of account of the former
SEC and to entries made in those books of
account before the commencement day,
whether or not they relate to former SEC
property, as if those books of account and
entries were business records of the State.".
24 Fifth Schedule repealed
The Fifth Schedule to the Principal Act is
repealed.
25 Sixth Schedule amended
In the Sixth Schedule to the Principal Act--
(a) clause 5 (where first occurring) is repealed;
(b) in clause 1 (where first occurring), for
"Commission" substitute "former SEC";
(c) in clause 2(1)--
(i) for "the Commission" substitute
"the former SEC";
(ii) for "by certified mail to the
Administrator" substitute "to the
Minister";
(d) clause 2(2) is repealed;
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amendments
(e) in clause 3--
(i) for "Commission" (where twice
occurring) substitute "former SEC";
(ii) for "Administrator" substitute
"Minister";
(f) clause 4 is repealed;
(g) clause 5 (where secondly occurring) is
repealed;
(h) in clause 6--
(i) in subclause (1), for "Commission"
(wherever occurring) substitute
"former SEC";
(ii) in subclause (2), for "Commission"
substitute "former SEC";
(i) in clause 6A--
(i) in subclause (1), for "Commission"
(where twice occurring) substitute
"former SEC";
(ii) in subclauses (2) and (4), for
"Commission" substitute
"former SEC";
(iii) in subclause (3), for "Commission"
(wherever occurring) substitute
"former SEC";
(j) insert the following heading preceding
clause 7--
"Evidence of documents issued by former
SEC";
(k) in clause 7, for "Commission" (where twice
occurring) substitute "former SEC";
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Part 2--Abolition of the State Electricity Commission of Victoria and related
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(l) insert the following heading preceding
clause 8--
"Protection of officers etc.";
(m) in clause 8, for "Administrator" (wherever
occurring) substitute "Minister";
(n) insert the following heading preceding
clause 9--
"Powers of the former SEC in conducting
investigations";
(o) in clause 9 omit "Administrator or the";
(p) the heading "Offences and Penalties" is
repealed;
(q) clauses 1 and 2 (where secondly occurring)
are repealed.
26 Seventh Schedule repealed
The Seventh Schedule to the Principal Act is
repealed.
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Part 3--Related amendments to the Electricity Industry (Residual Provisions)
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Part 3--Related amendments to the
Electricity Industry (Residual Provisions)
Act 1993
27 Definitions
In section 3(1) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) in the definition of allocation day--
(i) after "62A(1)" insert "as in force
immediately before the commencement
of section 42 of the State Electricity
Commission Amendment Act 2024";
(ii) for "62AA;" substitute "62AA as in
force immediately before the
commencement of section 42 of the
State Electricity Commission
Amendment Act 2024;";
(b) for the definition of distribution company
substitute--
"distribution company means a distribution
company within the meaning of the
Electricity Industry Act 2000 that was
licensed to perform electricity
distribution activities before the
commencement of section 8 of the
State Electricity Commission
Amendment Act 2024;";
(c) for the definition of electricity corporation
substitute--
"electricity corporation, other than in Parts 3
and 5, means--
(a) a public distribution
company; or
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Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
(b) a public generation
company; or
(c) a public transmission
company;";
(d) in the definition of excluded property--
(i) before "SEC" (where first occurring)
insert "the former";
(ii) in paragraph (a), before "SEC" insert
"the former";
(iii) in paragraph (b), before "SEC" insert
"the former";
(e) in paragraph (f) of the definition of financial
accommodation, before "SEC" (where twice
occurring) insert "the former";
(f) in the definition of financial obligation,
before "SEC" (wherever occurring) insert
"the former";
(g) insert the following definitions--
"former SEC has the same meaning as in
section 3(1) of the Former SEC
(Residual Provisions) Act 1958;
former SEC company means SECV
Superannuation Pty Ltd, Energy
Information Technology Company Pty
Ltd, Utilities Insurance Company Pty
Ltd or SECV International Pty Ltd;";
(h) for the definition of generation company
substitute--
"generation company means a generation
company within the meaning of the
Electricity Industry Act 2000 that was
licensed to perform electricity
generation activities before the
commencement of section 8 of the
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Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
State Electricity Commission
Amendment Act 2024;";
(i) in the definition of liabilities, before "SEC,"
insert "the former";
(j) in the definition of LYB Transaction
Implementation Agreement, before "SEC,"
insert "the former";
(k) at the foot of the definition of public
distribution company insert--
"Note
See the definition of distribution company which
excludes distribution companies that were not
licensed to perform electricity distribution activities
before the commencement of section 8 of the State
Electricity Commission Amendment Act 2024.";
(l) at the foot of the definition of public
generation company insert--
"Note
See the definition of generation company which
excludes generation companies that were not licensed
to perform electricity generation activities before the
commencement of section 8 of the State Electricity
Commission Amendment Act 2024.";
(m) at the foot of the definition of public
transmission company insert--
"Note
See the definition of transmission company which
excludes transmission companies that were not
licensed to perform electricity transmission activities
before the commencement of section 8 of the State
Electricity Commission Amendment Act 2024.";
(n) in the definition of transferred property--
(i) before "SEC" (where first occurring)
insert "the former";
(ii) before "SEC" (where secondly
occurring) insert "former";
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Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
(iii) after "62AA" insert "as those sections
were in force immediately before the
commencement of section 42 of the
State Electricity Commission
Amendment Act 2024";
(o) in the definition of transferee--
(i) before "SEC" insert "former";
(ii) after "62AA" insert "as those sections
were in force immediately before the
commencement of section 42 of the
State Electricity Commission
Amendment Act 2024";
(p) for the definition of transmission company
substitute--
"transmission company means a
transmission company within the
meaning of the Electricity Industry
Act 2000 that was licensed to perform
electricity transmission activities before
the commencement of section 8 of the
State Electricity Commission
Amendment Act 2024;";
(r) in paragraph (a) of the definition of
undertaker, before "SEC" insert
"the former";
(s) the definitions of SEC, SEC company and
SEC instrument are repealed.
28 Subsidiary
(1) In section 4(1) of the Electricity Industry
(Residual Provisions) Act 1993 omit ", SEC"
(where twice occurring).
(2) Section 4(2) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
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Act 1993
29 Directions
Section 26(4) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
30 Payments in respect of financial obligations
(1) In section 29(1) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) in paragraph (a), before "SEC;" insert
"the former";
(b) in paragraph (b), after "Part 5" insert "as in
force immediately before the commencement
of section 52 of the State Electricity
Commission Amendment Act 2024";
(c) in paragraph (c), before "SEC" insert
"the former";
(d) in paragraph (d), before "SEC" insert
"the former".
(2) Section 29(3) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
31 Corporate plan
Section 35(13) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
32 Statement of corporate intent: contents
Section 36(2) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
33 Electricity corporations to act in accordance with
corporate plan
Section 36A(3) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
34 Non-commercial functions
Section 37(6) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
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35 Dividends
(1) Section 38(1) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
(2) In section 38(3)(b) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) for "the SEC or another" substitute "a";
(b) omit "SEC or" (where secondly occurring).
36 Section 42AA substituted
For section 42AA of the Electricity Industry
(Residual Provisions) Act 1993 substitute--
"42AA Definition
In this Part--
electricity corporation means--
(a) VPX; or
(b) a distribution company; or
(c) a transmission company; or
(d) a generation company.".
37 Certain rights deemed to be easements appurtenant
to lands of electricity corporation
In section 43(1) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) before "SEC" insert "the former";
(b) for "State Electricity Commission
Act 1958" substitute "Former SEC
(Residual Provisions) Act 1958 as in force
immediately before the commencement of
section 21 of the State Electricity
Commission Amendment Act 2024".
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38 Section 47A amended
(1) Insert the following heading to section 47A of the
Electricity Industry (Residual Provisions)
Act 1993--
"Application of Mineral Resources
Development Act 1990 to generation
companies".
(2) In section 47A(3) of the Electricity Industry
(Residual Provisions) Act 1993 omit "or SEC".
39 Functions and powers
In section 51 of the Electricity Industry
(Residual Provisions) Act 1993--
(a) omit ", the State Electricity Commission
Act 1958";
(b) after "other Act" insert "(other than the
Former SEC (Residual Provisions)
Act 1958)".
40 Delegation
In section 52 of the Electricity Industry
(Residual Provisions) Act 1993--
(a) omit ", the State Electricity Commission
Act 1958";
(b) after "other Act" insert "(other than the
Former SEC (Residual Provisions)
Act 1958)".
41 Directions
Section 53(4) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
42 Sections 62, 62A and 62AA repealed
Sections 62, 62A and 62AA of the Electricity
Industry (Residual Provisions) Act 1993 are
repealed.
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Act 1993
43 Certificate of Administrator
(1) In section 63(1) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) for "SEC specified in the certificate has"
substitute "the former SEC specified in the
certificate have";
(b) for "an electricity corporation or" substitute
"a former";
(c) in paragraph (b) omit "corporation or".
(2) In section 63(3)(b) of the Electricity Industry
(Residual Provisions) Act 1993, for "an
electricity corporation, SEC company," substitute
"a".
44 New section 63AA inserted
After section 63 of the Electricity Industry
(Residual Provisions) Act 1993 insert--
"63AA Certificate of Minister
(1) On and after the commencement of
section 42 of the State Electricity
Commission Amendment Act 2024, the
Minister may sign a certificate certifying that
property, rights or liabilities of the former
SEC specified in the certificate, have been
allocated under an allocation statement made
under this Part as in force immediately
before that commencement, to a former SEC
company so specified or person or persons.
(2) A certificate signed under subsection (1) is
conclusive evidence that the property, rights
or liabilities have been allocated as specified
in the certificate.
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(3) A certificate signed by the Minister under
subsection (1) does not affect the validity of
a certificate that has been issued under
section 63.".
45 Division 1A of Part 5 repealed
Division 1A of Part 5 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
46 Sections 64, 65, 66, 66A, 67, 68, 69, 70, 71 and 71A
repealed
Sections 64, 65, 66, 66A, 67, 68, 69, 70, 71 and
71A of the Electricity Industry (Residual
Provisions) Act 1993 are repealed.
47 Interests in land
(1) In section 72 of the Electricity Industry
(Residual Provisions) Act 1993, before "SEC"
(where first occurring) insert "the former".
(2) In section 72(b) of the Electricity Industry
(Residual Provisions) Act 1993, before "SEC"
insert "the former".
48 Amendment of Register
In section 73(1) of the Electricity Industry
(Residual Provisions) Act 1993, before
"Administrator," insert "Minister or".
49 Taxes
(1) In section 74(a) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) before "SEC" (where first occurring) insert
"the former";
(b) for "an electricity corporation or" substitute
"a former";
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Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
(c) for "62AA; or" substitute "62AA as those
sections were in force immediately before
the commencement of section 42 of the State
Electricity Commission Amendment
Act 2024.".
(2) Section 74(b) of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
(3) At the end of section 74 of the Electricity
Industry (Residual Provisions) Act 1993
insert--
"(2) This section applies to an act or transaction
referred to in subsection (1) regardless of
whether the act or transaction occurred
before, on or after the commencement of
section 42 of the State Electricity
Commission Amendment Act 2024.".
50 Section 75 repealed
Section 75 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
51 Validity of things done under this Act
(1) In section 76(1) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) before "SEC" (where first occurring) insert
"the former";
(b) for "an electricity corporation or" substitute
"a former";
(c) after "62AA" insert "as those sections were
in force immediately before the
commencement of section 42 of the State
Electricity Commission Amendment
Act 2024";
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(d) in paragraph (a)--
(i) before "SEC" insert "the former";
(ii) omit "corporation or";
(iii) after "62AA" insert "as those sections
were in force immediately before the
commencement of section 42 of the
State Electricity Commission
Amendment Act 2024".
(2) In section 76(2) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) before "SEC" insert "the former";
(b) for "State Electricity Commission"
substitute "Former SEC (Residual
Provisions)".
(3) After section 76(2) of the Electricity Industry
(Residual Provisions) Act 1993 insert--
"(3) This section applies to an act or transaction
referred to in subsection (1) or (2) regardless
of whether the act or transaction occurred
before, on or after the commencement of
section 42 of the State Electricity
Commission Amendment Act 2024.".
52 Division 3 of Part 5 repealed
Division 3 of Part 5 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
53 Part 6 repealed
Part 6 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
54 Reports to Treasurer
In section 84C of the Electricity Industry
(Residual Provisions) Act 1993 for ", VPX, a
public distribution company, public transmission
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Act 1993
company or a public generation company"
substitute "or VPX".
55 Section 86 repealed
Section 86 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
56 Treasurer may give guarantee
(1) In section 90(1) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) for ", VPX, a public distribution company,
public transmission company or a public
generation company" substitute "or VPX";
(b) for ", VPX or a public distribution company,
public transmission company or public
generation company" substitute "or VPX".
(2) In section 90(3) of the Electricity Industry
(Residual Provisions) Act 1993, for ", VPX, a
public distribution company, public transmission
company or a public generation company"
substitute "or VPX".
57 Section 91 repealed
Section 91 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
58 Section 91AC repealed
Section 91AC of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
59 Section 115 repealed
Section 115 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
27
State Electricity Commission Amendment Act 2024
No. of 2024
Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
60 Validity of things done under this Part
In section 129(2) of the Electricity Industry
(Residual Provisions) Act 1993, for "State
Electricity Commission" substitute "Former
SEC (Residual Provisions)".
61 Section 133 repealed
Section 133 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
62 Definitions
In section 153A(1) of the Electricity Industry
(Residual Provisions) Act 1993 insert the
following definition--
"SEC means the former SEC;
Note
See section 114 of the Former SEC
(Residual Provisions) Act 1958.".
63 Validity of things done under this Part
In section 153O(2) of the Electricity Industry
(Residual Provisions) Act 1993, for "State
Electricity Commission" substitute "Former
SEC (Residual Provisions)".
64 Sections 153TP and 153TZG repealed
Sections 153TP and 153TZG of the Electricity
Industry (Residual Provisions) Act 1993 are
repealed.
65 Sections 153V and 153W repealed
Sections 153V and 153W of the Electricity
Industry (Residual Provisions) Act 1993 are
repealed.
28
State Electricity Commission Amendment Act 2024
No. of 2024
Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
66 Application of Part
In section 156 of the Electricity Industry
(Residual Provisions) Act 1993 omit "SEC,".
67 Section 158BA repealed
Section 158BA of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
68 New Division 1AA inserted in Part 14
After the heading to Part 14 of the Electricity
Industry (Residual Provisions) Act 1993
insert--
"Division 1AA--Definition
183AA Definition
In this Part--
SEC means the former SEC.
Note
See section 114 of the Former SEC
(Residual Provisions) Act 1958.".
69 Section 185 repealed
Section 185 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
70 Issue of Crown grant
In section 195(1) of the Electricity Industry
(Residual Provisions) Act 1993--
(a) for "224," substitute "224 or";
(b) omit "or the State Electricity Commission of
Victoria".
29
State Electricity Commission Amendment Act 2024
No. of 2024
Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
71 New Division 1AA inserted in Part 15
After the heading to Part 15 of the Electricity
Industry (Residual Provisions) Act 1993
insert--
"Division 1AA--Definition
198AA Definition
In this Part--
SEC means the former SEC.
Note
See section 114 of the Former SEC
(Residual Provisions) Act 1958.".
72 Issue of Crown grant
In section 204(1) of the Electricity Industry
(Residual Provisions) Act 1993 omit "or SEC".
73 New Division 1AA inserted in Part 16
After the heading to Part 16 of the Electricity
Industry (Residual Provisions) Act 1993
insert--
"Division 1AA--Definition
207AA Definition
In this Part--
SEC means the former SEC.
Note
See section 114 of the Former SEC (Residual
Provisions) Act 1958.".
74 Surrender of land to Crown
In section 207(a)(iii) of the Electricity Industry
(Residual Provisions) Act 1993, after "209"
insert "as in force immediately before the
30
State Electricity Commission Amendment Act 2024
No. of 2024
Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
commencement of section 75 of the State
Electricity Commission Amendment Act 2024".
75 Section 209 repealed
Section 209 of the Electricity Industry
(Residual Provisions) Act 1993 is repealed.
76 Issue of Crown grant
In section 216(1) of the Electricity Industry
(Residual Provisions) Act 1993 omit "SEC,".
77 Schedule 3 amended
After the heading to Schedule 3 to the Electricity
Industry (Residual Provisions) Act 1993
insert--
"Definition
In this Schedule--
SEC means the former SEC.
Note
See section 114 of the Former SEC
(Residual Provisions) Act 1958.".
78 Schedule 3A amended
After the heading to Schedule 3A to the
Electricity Industry (Residual Provisions)
Act 1993 insert--
"Definition
In this Schedule--
SEC means the former SEC.
Note
See section 114 of the Former SEC
(Residual Provisions) Act 1958.".
31
State Electricity Commission Amendment Act 2024
No. of 2024
Part 3--Related amendments to the Electricity Industry (Residual Provisions)
Act 1993
79 Schedule 3B amended
After the heading to Schedule 3B to the
Electricity Industry (Residual Provisions)
Act 1993 insert--
"Definition
In this Schedule--
SEC means the former SEC.
Note
See section 114 of the Former SEC
(Residual Provisions) Act 1958.".
80 Schedule 3C amended
After the heading to Schedule 3C to the
Electricity Industry (Residual Provisions)
Act 1993 insert--
"Definition
In this Schedule--
SEC means the former SEC.
Note
See section 114 of the Former SEC
(Residual Provisions) Act 1958.".
32
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
Part 4--Amendment of other Acts
Division 1--Alcoa (Portland Aluminium Smelter)
Act 1980
81 New section 2A inserted
After section 2 of the Alcoa (Portland
Aluminium Smelter) Act 1980 insert--
"2A Construction of references to State
Electricity Commission of Victoria
On and from the commencement of section 8
of the State Electricity Commission
Amendment Act 2024, a reference to the
State Electricity Commission of Victoria in
this Act is a reference to the State Electricity
Commission of Victoria in existence
immediately before the commencement of
that section.
Notes
1 See section 114 of the Former SEC (Residual
Provisions) Act 1958.
2 Section 4(1) provides that the Agreement is in force as
though its provisions had been expressly enacted in this
Act.".
Division 2--Electricity Industry Act 2000
82 Definitions
In section 3 of the Electricity Industry Act 2000,
the definition of SEC is repealed.
83 Application of Part
In section 8 of the Electricity Industry Act 2000,
omit "SEC and".
33
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
Division 3--Electricity Safety Act 1998
84 Constitution of Committee
In section 87(8) of the Electricity Safety
Act 1998, for "State Electricity Commission
Act 1958" substitute "Former SEC
(Residual Provisions) Act 1958".
85 Transitional provisions--electrical contractors and
mechanics
In section 160 of the Electricity Safety Act 1998,
for "State Electricity Commission Act 1958"
(where twice occurring) substitute "Former SEC
(Residual Provisions) Act 1958".
86 Transitional provision--electrical equipment
In section 161 of the Electricity Safety Act 1998,
for "State Electricity Commission Act 1958"
(where twice occurring) substitute "Former SEC
(Residual Provisions) Act 1958".
87 Transitional provision--urban area
In section 162 of the Electricity Safety Act 1998,
for "State Electricity Commission Act 1958"
(where twice occurring) substitute "Former SEC
(Residual Provisions) Act 1958".
88 Statute law revision
In section 122(3)(c) of the Electricity Safety
Act 1998, for "6 p.m," substitute "6 p.m.,".
Division 4--Emergency Services Superannuation
Act 1986
89 Transfer of assets in respect of VEISF beneficiaries
In section 22B(1) of the Emergency Services
Superannuation Act 1986, for the definition of
Victorian Electricity Industry Superannuation
Fund substitute--
34
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
"Victorian Electricity Industry Superannuation
Fund means the fund referred to in section
84(1) of the Electricity Industry
(Residual Provisions) Act 1993 as in force
immediately before the commencement of
section 53 of the State Electricity
Commission Amendment Act 2024.".
Division 5--Essential Services Act 1958
90 Definitions
In section 3 of the Essential Services Act 1958,
in the definition of essential service, omit
"the State Electricity Commission of Victoria,".
Division 6--Estate Agents Act 1980
91 Act not to apply to Government Departments etc.
In section 5(1)(b) of the Estate Agents Act 1980,
omit "the State Electricity Commission of
Victoria,".
92 Statute law revision
In section 6(2)(d) of the Estate Agents Act 1980,
for "Zealand" substitute "Zealand;".
Division 7--Forests (Wood Pulp Agreements)
Act 1974
93 Ratification etc. of Agreement
For section 5(2)(b)(iii) of the Forests (Wood
Pulp Agreements) Act 1974 substitute--
"(iii) the Former SEC (Residual Provisions)
Act 1958;".
35
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
Division 8--Gas Industry (Residual Provisions)
Act 1994
94 Certificate of chief executive officer
In section 71(7)(a) of the Gas Industry (Residual
Provisions) Act 1994, for "State Electricity
Commission Act 1958" substitute "Electricity
Industry (Residual Provisions) Act 1993".
95 Certificate of chief executive officer
In section 115D(7)(a) of the Gas Industry
(Residual Provisions) Act 1994, for "State
Electricity Commission Act 1958" substitute
"Electricity Industry (Residual Provisions)
Act 1993".
Division 9--Land Act 1958
96 Covenants conditions etc. of lease or licence
In section 335 of the Land Act 1958, for "State
Electricity Commission Act 1958" substitute
"Former SEC (Residual Provisions) Act 1958".
Division 10--Loy Yang B Act 1992
97 New section 3A inserted
After section 3 of the Loy Yang B Act 1992
insert--
"3A Construction of references to State
Electricity Commission of Victoria
On and from the commencement of section 8
of the State Electricity Commission
Amendment Act 2024, a reference to the
State Electricity Commission of Victoria in
this Act is a reference to the State Electricity
Commission of Victoria in existence
immediately before the commencement of
36
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
that section, unless the context otherwise
requires.
Note
See section 114 of the Former SEC (Residual Provisions)
Act 1958.".
Division 11--Melbourne City Link Act 1995
98 Definitions
In section 3 of the Melbourne City Link
Act 1995--
(a) the definition of electricity corporation is
repealed;
(b) in the definition of public authority,
paragraph (e) is repealed.
Division 12--Mines (Aluminium Agreement)
Act 1961
99 Interpretation
After section 2(ac) of the Mines (Aluminium
Agreement) Act 1961 insert--
"(ad) former SEC has the same meaning as in
section 3(1) of the Former SEC
(Residual Provisions) Act 1958;".
100 Ratification etc. and enforcement of Agreement and
modification of Acts etc.
In section 4(2)(b)(iv) of the Mines (Aluminium
Agreement) Act 1961, for "State Electricity
Commission" substitute "Former SEC
(Residual Provisions)".
37
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
101 Easements for transmission of electricity
At the end of section 8 of the Mines
(Aluminium Agreement) Act 1961 insert--
"(2) In this section--
State Electricity Commission means the
former SEC.".
Division 13--National Parks Act 1975
102 Definitions
In section 3(2) of the National Parks Act 1975,
omit "SEC,".
103 Operations in the Alpine National Park
In section 30A(1) of the National Parks
Act 1975, omit "SEC,".
Division 14--Port Management Act 1995
104 Definitions
In section 3(1) of the Port Management
Act 1995--
(a) in the definition of port property--
(i) before "SEC" insert "the former";
(ii) for "State Electricity Commission
Act 1958" substitute "Former SEC
(Residual Provisions) Act 1958";
(b) the definition of SEC is repealed;
(c) insert the following definition--
"former SEC has the same meaning as in
section 3(1) of the Former SEC
(Residual Provisions) Act 1958;".
38
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
105 Definitions
In section 99(1) of the Port Management
Act 1995--
(a) in the definition of port authority, before
"SEC" insert "the former";
(b) in the definition of transferor, before "SEC"
insert "the former".
106 Definitions
After section 153(2) of the Port Management
Act 1995 insert--
"(3) On and from the commencement of section 8
of the State Electricity Commission
Amendment Act 2024, a reference to the
SEC in this Part is a reference to the State
Electricity Commission of Victoria in
existence immediately before the
commencement of that section.".
Division 15--Port Melbourne (Aircraft Agreement)
Land Act 1937
107 Section 7 repealed
Section 7 of the Port Melbourne (Aircraft
Agreement) Land Act 1937 is repealed.
Division 16--Public Authorities (Dividends)
Act 1983
108 Definitions
In section 4(1) of the Public Authorities
(Dividends) Act 1983, in the definition of public
authority, paragraph (d) is repealed.
39
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
Division 17--Snowy Hydro Corporatisation
Act 1997
109 Section 16 repealed
Section 16 of the Snowy Hydro Corporatisation
Act 1997 is repealed.
Division 18--Subdivision Act 1988
110 What does this Act apply to?
In section 4(8) of the Subdivision Act 1988, for
"State Electricity Commission Act 1958"
substitute "Former SEC (Residual Provisions)
Act 1958 as in force immediately before the
commencement of section 14 of the State
Electricity Commission Amendment Act 2024".
Division 19--Treasury Corporation of Victoria
Act 1992
111 Definitions
In section 36A of the Treasury Corporation of
Victoria Act 1992, in the definition of public
authority, omit "the State Electricity Commission
of Victoria or".
112 Schedule 1 amended
In Schedule 1 to the Treasury Corporation of
Victoria Act 1992--
(a) in Column 1, omit "State Electricity
Commission of Victoria";
(b) in Column 2, omit "State Electricity
Commission Act 1958".
40
State Electricity Commission Amendment Act 2024
No. of 2024
Part 4--Amendment of other Acts
Division 20--Westernport Development Act 1967
113 New section 2A inserted
After section 2 of the Westernport Development
Act 1967 insert--
"2A Construction of references to State
Electricity Commission of Victoria
On and from the commencement of section 8
of the State Electricity Commission
Amendment Act 2024, a reference to the
State Electricity Commission of Victoria in
this Act is a reference to the State Electricity
Commission of Victoria in existence
immediately before the commencement of
that section.
Note
See section 114 of the Former SEC (Residual Provisions)
Act 1958.".
Division 21--Wrongs (Public Contracts) Act 1981
114 Interpretations
In section 2(1) of the Wrongs (Public Contracts)
Act 1981, in the definition of Major public works,
in paragraph (a), omit "which is referred to in
section 15(6) of the State Electricity
Commission Act 1958".
41
State Electricity Commission Amendment Act 2024
No. of 2024
Part 5--Repeal of this Act
Part 5--Repeal of this Act
115 Repeal of this Act
This Act is repealed on 14 November 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).
═════════════
42
State Electricity Commission Amendment Act 2024
No. of 2024
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
State Electricity Commission Act 1958 to abolish the State Electricity
Commission of Victoria established by that Act, to make related
amendments to that Act and other Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
43
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