Victorian Numbered Acts Victorian Numbered Acts(1) In section 20(1) and (4)(a) of the Principal Act, for "Governor in Council" substitute "Minister".
(2) In section 20(3) of the Principal Act—
(a) for "Governor in Council" substitute "Minister";
(b) in paragraph (a), after "Chairperson" insert "(other than the person's remuneration and allowances)".
(3) For section 20(5) of the Principal Act substitute —
"(5) While a person is acting in the office of Chairperson in accordance with subsection (1), the person—
(a) has and may exercise all the powers and perform all the functions and duties of that office under this Act; and
(b) is entitled to be paid the remuneration and allowances which the Chairperson would be entitled to when performing the duties and functions of the office of Chairperson; and
(c) is not restricted from engaging in any paid employment outside that office.".
13 Meetings of the Commission
In section 28(2) of the Principal Act, for "member" substitute "person".
Division 3—Regulated industries public reporting amendments
14 New section 10AAA inserted
After section 10 of the Principal Act insert —
Without limiting section 10 but subject to this Act and any empowering instrument, the Commission may publicly report on the market structure and performance of a regulated industry.".
Division 4—Miscellaneous amendments
15 Functions of the Commission
In section 10(i) of the Principal Act, for
"or under Part VI of the
Transport (Compliance and Miscellaneous) Act 1983 " substitute "the
Commercial Passenger Vehicle Industry Act 2017 ".
16 Restriction on disclosure of confidential information
(1) In section 38(1)(a)(i) of the Principal Act—
(a) for "37, 37A or" substitute "37 or 37A, or section";
(b) after "51" insert "before its expiry under section 47 on 31 December 2007".
(2) At the foot of section 38(1)(a)(i) of the Principal Act insert —
" Note
Part 6 of the Essential Services Commission Act 2001 , as originally enacted, included sections 47 and 51. Section 47, as amended by section 26 of the Energy Legislation (Amendment) Act 2004 , provided for the expiry of Part 6 on 31 December 2007.".
17 Supreme Court—limitation of jurisdiction
In section 63 of the Principal Act, for "sections 44(7), 51(7) and" substitute "section".
18 Review
(1) In section 66(1) of the Principal Act, for "31 December 2016" substitute "31 December 2026".
(2) In section 66(3) of the Principal Act, for
"within 7 sitting days of that House after the expiry of the period specified
in subsection (1)" substitute "by the first sitting day after
30 June 2027".
19 Statute law revision
In section 3 of the Principal Act, in the definition of "non-cash payment transaction industry", for " 2017 ." substitute " 2017 ;".
Division 5—Transitional provisions
20 Section 69 substituted
For section 69 of the Principal Act substitute —
(1) This section applies if—
(a) a notice of appeal has been lodged under section 55 in respect of an appeal under that section before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 (the VCAT amendments ); and
(b) no decision on the appeal has been made by an appeal panel before that commencement.
(2) Despite the VCAT amendments, the appeal must be heard and determined under this Act as if this Act had not been amended by the VCAT amendments.
(3) For the purposes of subsection (2)—
(a) if no appeal panel has been
constituted under section 56
(as in force immediately before
the commencement of the VCAT amendments) to hear and decide the appeal,
an appeal panel must be so constituted to do so; and
(b) if an appeal panel has been
constituted under section 56
(as in force immediately before
the commencement of the VCAT amendments) to hear and decide the appeal,
the appeal panel must continue to hear and decide the appeal.
(4) In this section—
"appeal "means an appeal under section 55 within the meaning of this Act as in force immediately before the commencement of the VCAT amendments;
"appeal panel "means an appeal panel constituted under section 56 within
the meaning of this Act as in force immediately before the commencement
of the VCAT amendments.".
Part 3—Amendment of Victorian Civil and
Administrative Tribunal Act 1998
21 New Part 5AB of Schedule 1 inserted
After Part 5AA of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert —
In this Part—
"Commission "means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001 .
This Part applies to a proceeding for review of a requirement, decision or determination of the Commission under the Essential Services Commission Act 2001 .
(1) This clause applies despite anything to the contrary in Part 3 or 4.
(2) In a proceeding, the Tribunal must only consider as evidence—
(a) the facts and materials that were in the possession of the Commission at the time the requirement, decision or determination that is the subject of the proceeding was made; and
(b) the facts and materials that explain or relate to the processes of the Commission leading to its requirement, decision or determination that is the subject of the proceeding.
(3) Despite subclause (2), the Tribunal may, allow the applicant or the Commission to place before it, for consideration as evidence, facts and materials not referred to in subclause (2)(a) or (b) if the applicant or Commission satisfies the Tribunal that the facts and materials—
(a) are materially relevant to the proceeding; and
(b) could not have been placed before the Commission before the time the requirement, decision or determination that is the subject of the proceeding was made.
Despite section 51(2), in determining a proceeding, the Tribunal may only make
an order in accordance with section 56 of the Essential Services Commission
Act 2001 .".
Part 4—Consequential amendment of other Acts
Division 1— Accident Towing Services Act 2007
22 Recommendations
In section 212F(3) of the Accident Towing Services Act 2007 , for "an appeal panel, within the meaning of that Act, states that it is imposing a restriction under section 56(7)(b)(i)" substitute "VCAT prohibits or restricts the disclosure of the information under section 56(b)(ii)".
Division 2— Electricity Industry Act 2000
23 Continuation of charges relating to distribution system
(1) In section 15(4) of the Electricity Industry Act 2000 , for "the appeal panel" substitute "VCAT".
(2) In section 15(7)(a) of the Electricity Industry Act 2000 , for "an appeal" substitute "an application for review".
Division 3— Grain Handling and Storage Act 1995
24 Procedure if agreement cannot be reached
In section 18(3B) of the Grain Handling and Storage Act 1995 —
(a) for "who is aggrieved" substitute "whose interests are affected";
(b) for "appeal" substitute "apply to VCAT".
25 Applications for review
(1) For the heading to section 24E of the Grain Handling and Storage Act 1995 substitute —
" Applications for review ".
(2) In section 24E(1) of the Grain Handling and Storage Act 1995 —
(a) for "who is aggrieved" substitute "whose interests are affected";
(b) for "appeal against" substitute "apply to VCAT for review of".
(3) In section 24E(2) of the Grain Handling and Storage Act 1995 , for "appeal" substitute "application to VCAT".
(4) In section 24E(3) of the Grain Handling and Storage Act 1995 , for "appeal" substitute "application".
(5) Section 24E(4) of the Grain Handling and Storage Act 1995 is repealed .
(6) In section 24E(5) of the Grain Handling and Storage Act 1995 —
(a) for "to 59" substitute "and 56A";
(b) for "appeal" substitute "application".
(7) In section 24E(6) of the Grain Handling and Storage Act 1995 —
(a) in paragraph (a) omit "of subsection (7)";
(b) in paragraph (b), for "appeal" (where first occurring) substitute "application";
(c) in paragraph (b)(iii), for "the appeal panel;" substitute "VCAT.";
(d) paragraph (b)(iv) is repealed .
Division 4— National Electricity (Victoria) Act 2005
26 Appeals against certain decisions or actions of the AER
(1) In section 29(3) of the National Electricity (Victoria) Act 2005 —
(a) after " Essential Services Commission Act 2001 " insert ", as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 ,";
(b) after paragraph (ab) insert —
'(aba) in section 55(2)(c)(ii), for "determination" there were substituted "decision or determination"; and';
(c) after paragraph (b) insert —
'(ba) in section 55(3)(b) and (6), for "determination" there were substituted "decision or determination"; and';
(d) after paragraph (c) insert —
"(ca) in section 56(7)(c)(ii) and (d)(i) or (ii), a reference to a determination of the Commission were a reference to a decision or determination of the Commission; and".
(2) In section 29(4) of the National Electricity (Victoria) Act 2005 , after "Essential Services Commission Regulations 2011" insert ", as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 ,".
Division 5— National Gas (Victoria) Act 2008
27 Appeals against certain decisions or actions of the AER
(1) In section 33(3) of the National Gas (Victoria) Act 2008 —
(a) after " Essential Services Commission Act 2001 " insert ", as in force immediately before the commencement of Division 1 of Part 2 of the Essential Services Commission Amendment (Governance, Procedural and Administrative Improvements) Act 2019 ,";
(b) after paragraph (a) insert —
"(ab) in those sections—
(i) a reference to section 55(1)(a) were a reference to subsection (1)(a) of this section; and
(ii) a reference to section 55(1)(b) were a reference to subsection (1)(b) of this section; and".
(2) In section 33(4) of the National Gas (Victoria) Act 2008 —
(a) for "Essential Services
Commission Regulations 2001" substitute "Essential Services Commission
Regulations 2011, as in force immediately before the commencement of
Division 1 of Part 2
of the Essential Services Commission Amendment
(Governance, Procedural and Administrative Improvements) Act 2019 ,";
(b) in paragraph (a), for "10 and 11" substitute "11 and 12".
Division 6— Port Management Act 1995
28 Giving of show cause notice to non-compliant provider of prescribed services
In section 49K(5) of the Port Management Act 1995 —
(a) for "appeal" (where first occurring) substitute "proceeding on an application to VCAT";
(b) for "the appeal panel under section 56 of that Act" substitute "VCAT".
Part 5—Repeal of amending Act
29 Repeal of amending Act
This Act is repealed on 1 August 2021.
Note
The repeal of this Act does not affect the continuing
operation of the
amendments made by it (see section 15(1)
of the Interpretation of Legislation
Act 1984 ).
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