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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Energy Safe Victoria Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definition 2
PART 2--ENERGY SAFE VICTORIA 3
Division 1--Establishment, Powers and Functions 3
4. Establishment 3
5. Objectives of Energy Safe Victoria 3
6. Functions 4
7. Powers 4
8. Committees 4
9. Appointment of persons to assist Energy Safe Victoria 5
10. Delegation 5
Division 2--Director of Energy Safety 5
11. Energy Safe Victoria consists of Director 5
12. Appointment of Director 5
13. Terms and conditions of appointment 6
14. Vacancies, resignations and removal from office 6
15. Acting appointments 6
16. Validity of decisions 7
17. Disclosure of interests 7
18. Protection from liability 8
Division 3--Corporate Plan 8
19. Corporate plan 8
20. Statement of corporate intent: contents 10
21. Energy Safe Victoria to act in accordance with corporate plan 10
22. Nothing void merely because of non-compliance 11
Division 4--Financial Provisions 11
23. Borrowing and investment by Energy Safe Victoria 11
24. General Account 11
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Clause Page
Division 5--Confidentiality 12
25. Improper use of information 12
PART 3--INQUIRIES AND REPORTS 13
26. Inquiry by Energy Safe Victoria 13
27. Minister may refer matter for inquiry 13
28. Notice of inquiry 14
29. Conduct of inquiry 15
30. Powers relating to inquiries 15
31. Reports 17
32. Special reports 18
PART 4--GENERAL 19
33. Regulations 19
PART 5--TRANSITIONAL PROVISIONS 20
Division 1--Introductory 20
34. Definitions 20
Division 2--Office of the Chief Electrical Inspector 20
35. Abolition of OCEI 20
36. Staff 21
37. Superseded references to OCEI 22
38. Superseded references to chief electrical inspector 22
Division 3--Office of Gas Safety 23
39. Abolition of OGS 23
40. Staff 24
41. Superseded references to OGS 25
42. Superseded references to Director of Gas Safety 25
Division 4--Confidentiality 25
43. Confidentiality 25
PART 6--AMENDMENT OF OTHER ACTS 26
Division 1--Amendment of Electricity Safety Act 1998 26
44. Definitions 26
45. Part 2 substituted 26
PART 2--ENERGY SAFE VICTORIA 26
6. Objectives of Energy Safe Victoria 26
7. Functions of Energy Safe Victoria 27
8. Funding 28
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Clause Page
46. New section 141B substituted 28
141B. Delegation by Director 28
47. Repeal of section 159 28
48. References to the Office and to the chief electrical inspector 29
Division 2--Amendment of Gas Safety Act 1997 29
49. Definitions 29
50. Part 2 substituted 29
PART 2--ENERGY SAFE VICTORIA 29
9. Objectives of Energy Safe Victoria 29
10. Functions of Energy Safe Victoria 30
11. Funding 31
51. Repeal of section 123 31
52. References to the Office 32
Division 3--Amendment of Other Acts 32
53. Borrowing and Investment Powers Act 1987 32
54. Building Act 1993 32
55. Electricity Industry Act 2000 33
56. Gas Industry Act 2001 33
57. Gas Industry (Residual Provisions) Act 1994 34
58. State Electricity Commission Act 1958 34
59. Electricity Industry (Wind Energy Development) Act 2004 35
__________________
SCHEDULES 36
SCHEDULE 1--Amendments to the Electricity Safety Act 1998 36
SCHEDULE 2--Amendments to the Gas Safety Act 1997 38
ENDNOTES 40
INDEX 41
iii
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
PARLIAMENT OF VICTORIA
A BILL
to establish Energy Safe Victoria, to amend the Gas Safety Act 1997
and the Electricity Safety Act 1998 and other Acts and for other
purposes.
Energy Safe Victoria Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to establish Energy Safe Victoria; and
(b) to abolish the Office of Gas Safety and the
5
Office of the Chief Electrical Inspector; and
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 1--Preliminary
s. 2
(c) to make consequential amendments to the
Gas Safety Act 1997 and the Electricity
Safety Act 1998 and other Acts.
2. Commencement
(1) Subject to sub-section (3), this Act (except
5
section 59) comes into operation on a day to be
proclaimed.
(2) Section 59 is deemed to have come into operation
on 23 November 2004.
(3) If a provision of this Act does not come into
10
operation before 30 December 2005, it comes into
operation on that day.
3. Definition
In this Act--
"Director" means the Director of Energy Safety
15
appointed under Part 2.
__________________
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 4
PART 2--ENERGY SAFE VICTORIA
Division 1--Establishment, Powers and Functions
4. Establishment
(1) There is established a body called "Energy Safe
Victoria".
5
(2) Energy Safe Victoria--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued;
10
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) All courts must take judicial notice of the seal of
15
Energy Safe Victoria affixed to a document and,
until the contrary is proved, must presume that it
was duly affixed.
(4) The official seal of Energy Safe Victoria must be
kept in such custody as Energy Safe Victoria
20
directs and must not be used except as authorised
by Energy Safe Victoria.
5. Objectives of Energy Safe Victoria
The objectives of Energy Safe Victoria are to
perform its functions and exercise its powers in
25
such a manner as it considers best achieves the
objectives of Energy Safe Victoria specified in the
Electricity Safety Act 1998 and the Gas Safety
Act 1997 and any other Act.
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Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 6
6. Functions
The functions of Energy Safe Victoria are those
conferred on it by--
(a) this Act and the regulations under this Act;
and
5
(b) the Electricity Safety Act 1998 and the
regulations under that Act; and
(c) the Gas Safety Act 1997 and the regulations
under that Act; and
(d) any other Act or the regulations made under
10
any other Act.
7. Powers
For the purpose of performing its functions,
Energy Safe Victoria--
(a) has such powers as are conferred on it by this
15
Act or any other Act or the regulations under
this Act or any other Act; and
(b) may do all other things necessary or
convenient to be done for or in connection
with, or as incidental to, the achievement of
20
its objectives or the performance of its
functions.
8. Committees
(1) Energy Safe Victoria may establish such
committees as it determines.
25
(2) A committee established under sub-section (1) is
to consist of--
(a) such employees of Energy Safe Victoria; and
(b) such other persons--
as Energy Safe Victoria determines.
30
(3) Energy Safe Victoria must appoint one of the
members of the committee as chairperson.
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 9
(4) Except as otherwise provided by the regulations,
the procedure of a committee is in its discretion.
9. Appointment of persons to assist Energy Safe
Victoria
(1) Energy Safe Victoria may appoint or engage such
5
employees or other persons as are necessary for
the performance of its functions.
(2) The terms and conditions of appointment or
engagement are as determined by Energy Safe
Victoria.
10
10. Delegation
Energy Safe Victoria may, by instrument under its
official seal, delegate any function or power of
Energy Safe Victoria, other than this power of
delegation, to--
15
(a) an employee of Energy Safe Victoria;
(b) a member of a committee appointed in
accordance with this Part;
(c) with the consent of the Minister, another
person.
20
Division 2--Director of Energy Safety
11. Energy Safe Victoria consists of Director
Energy Safe Victoria consists of the Director of
Energy Safety.
12. Appointment of Director
25
(1) The Governor in Council, on the recommendation
of the Minister, may appoint a person to be the
Director.
(2) The Public Administration Act 2004 (other than
Part 5 of that Act) does not apply to the Director
30
in respect of the office of Director.
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Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 13
13. Terms and conditions of appointment
(1) The Director shall be appointed for such term, not
exceeding 5 years, as is specified in the instrument
of appointment, but is eligible for re-appointment.
(2) The Director holds office, subject to this Act, on
5
such terms and conditions as are determined by
the Minister.
14. Vacancies, resignations and removal from office
(1) The Director ceases to hold office if he or she
becomes bankrupt.
10
(2) The Director may resign by writing delivered to
the Minister.
(3) The Governor in Council may remove the
Director from office.
15. Acting appointments
15
(1) The Governor in Council, on the recommendation
of the Minister, may appoint a person to act as
Director--
(a) during a vacancy in the office of the Director
(including an initial vacancy); or
20
(b) during any period, or during all periods,
when the Director is absent or, for any other
reason, is unable to perform the functions of
Director.
(2) A person appointed to act during a vacancy
25
pursuant to sub-section (1)(a) must not continue to
act for more than 6 months, unless re-appointed.
(3) An acting appointment shall be for the term and
on the conditions determined by the Minister.
(4) The Governor in Council may at any time
30
terminate an acting appointment.
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Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 16
(5) A person appointed under this section has all the
powers, and may perform all the functions, of the
person for whom he or she is acting.
16. Validity of decisions
(1) An act or decision of Energy Safe Victoria is not
5
invalid merely because of a defect or irregularity
in, or in connection with, the appointment of the
Director.
(2) Anything done by or in relation to a person
purporting to act as Director is not invalid merely
10
because--
(a) the occasion for the appointment has not
arisen; or
(b) there was a defect or irregularity in relation
to the appointment; or
15
(c) the appointment has ceased to have effect; or
(d) the occasion for the person to act had not
arisen or had ceased.
17. Disclosure of interests
(1) If the Director has a direct or indirect pecuniary
20
interest in a matter being considered, or about to
be considered, by Energy Safe Victoria, he or she
must, as soon as practicable after the relevant facts
come to his or her knowledge, disclose the nature
of the interest to the Minister.
25
(2) Sub-section (1) does not apply if the interest is as
a result of the supply of goods or services that are
available to members of the public on the same
terms and conditions.
(3) A failure to comply with this section does not
30
affect the validity of any act or decision of Energy
Safe Victoria or the Director.
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 18
18. Protection from liability
(1) The Director 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 Energy Safe Victoria; or
5
(b) in the reasonable belief that the act or
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
10
that, but for sub-section (1), would attach to the
Director attaches instead to Energy Safe Victoria.
Division 3--Corporate Plan
19. Corporate plan
(1) Energy Safe Victoria must prepare a corporate
15
plan each year.
(2) Energy Safe Victoria must give a copy of the
proposed plan to the Minister and the Treasurer on
or before 31 May in each year.
(3) The proposed corporate plan must be in or to the
20
effect of a form approved by the Minister and
must include--
(a) a statement of corporate intent in accordance
with section 20;
(b) a business plan containing such information
25
as the Minister requires;
(c) financial statements containing such
information as the Minister requires.
(4) Energy Safe Victoria must consider any
comments on the proposed plan that are made to it
30
by the Minister within 2 months after the plan was
submitted to the Minister.
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 19
(5) Energy Safe Victoria must--
(a) consult in good faith with the Minister
following communication to it of the
comments; and
(b) make such changes to the plan as are agreed
5
between it and the Minister; and
(c) deliver the completed plan to the Minister
and the Treasurer within 2 months after the
commencement of the financial year.
(6) The plan, or any part of the plan, must not be
10
published or made available except for the
purposes of this Division without the prior
approval of Energy Safe Victoria and the
Minister.
(7) The plan may be modified at any time by Energy
15
Safe Victoria with the agreement of the Minister.
(8) If Energy Safe Victoria, by written notice to the
Minister, proposes a modification of the plan,
Energy Safe Victoria may, within 14 days, make
the modification unless the Minister, by written
20
notice to Energy Safe Victoria, directs Energy
Safe Victoria not to make it.
(9) The Minister may, from time to time, by written
notice to Energy Safe Victoria, direct it to include
in, or omit from, a statement of corporate intent, a
25
business plan or a financial statement of a
specified kind, any specified matters.
(10) Before giving a direction under this section, the
Minister must consult with Energy Safe Victoria
as to the matters to be referred to in the notice.
30
(11) Energy Safe Victoria must comply with a
direction under this section.
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Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 20
(12) At any particular time, the statement of corporate
intent, the business plan or the financial
statements for Energy Safe Victoria are the
statements and plan last completed, with any
modifications or deletions made in accordance
5
with this Division.
20. Statement of corporate intent: contents
Each statement of corporate intent must specify
for Energy Safe Victoria, in respect of the
financial year to which it relates and each of the
10
2 following financial years, the following
information--
(a) the objectives of Energy Safe Victoria;
(b) the nature and scope of the activities to be
undertaken by Energy Safe Victoria;
15
(c) the accounting policies to be applied in the
accounts;
(d) the performance targets and other measures
by which the performance of Energy Safe
Victoria may be judged in relation to its
20
stated objectives;
(e) the kind of information to be provided to the
Minister by Energy Safe Victoria during the
course of those financial years;
(f) such other matters as may be agreed on by
25
the Minister and Energy Safe Victoria from
time to time.
21. Energy Safe Victoria to act in accordance with
corporate plan
Energy Safe Victoria must act only in accordance
30
with its corporate plan, as existing from time to
time, unless it has first obtained the written
approval of the Minister to do otherwise.
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 22
22. Nothing void merely because of non-compliance
Nothing done by Energy Safe Victoria is void or
unenforceable merely because Energy Safe
Victoria has failed to comply with this Division.
Division 4--Financial Provisions
5
23. Borrowing and investment by Energy Safe Victoria
Energy Safe Victoria has the powers conferred on
it by the Borrowing and Investment Powers Act
1987.
24. General Account
10
(1) Energy Safe Victoria must keep an account called
the General Account.
(2) Energy Safe Victoria must ensure that there is
paid into the General Account--
(a) all money paid to it under section 8 of the
15
Electricity Safety Act 1998 or section 11 of
the Gas Safety Act 1997; and
(b) all fees and charges received or recovered
under the Electricity Safety Act 1998 or the
Gas Safety Act 1997; and
20
(c) all other money received by it or on its
behalf.
(3) Energy Safe Victoria may pay money out of the
General Account--
(a) to meet any costs or expenses incurred in
25
carrying out its functions or powers;
(b) in paying remuneration, allowances or
expenses to which the Director, any acting
Director or employees of Energy Safe
Victoria are entitled;
30
(c) for any other purpose authorised by this Act.
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Energy Safe Victoria Act 2005
Act No.
Part 2--Energy Safe Victoria
s. 25
Division 5--Confidentiality
25. Improper use of information
A person who is, or has been, Director or an
employee, agent or contractor of Energy Safe
Victoria, must not make improper use of any
5
information acquired only in the course of his or
her duties to obtain directly or indirectly any
pecuniary or other advantage for himself or
herself or for any other person.
Penalty: 100 penalty units.
10
__________________
12
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Energy Safe Victoria Act 2005
Act No.
Part 3--Inquiries and Reports
s. 26
PART 3--INQUIRIES AND REPORTS
26. Inquiry by Energy Safe Victoria
Energy Safe Victoria may, after consultation with
the Minister, conduct an inquiry if it considers an
inquiry is necessary or desirable for the purpose of
5
carrying out its functions.
27. Minister may refer matter for inquiry
(1) Energy Safe Victoria must conduct an inquiry into
any matter which the Minister by written notice
refers to it under this Part.
10
(2) The written notice must specify the terms of
reference for the inquiry.
(3) The Minister may--
(a) specify a period within which a report is to
be submitted to the Minister;
15
(b) require Energy Safe Victoria to make a draft
report publicly available or available to
specified persons or bodies during the
inquiry;
(c) require Energy Safe Victoria to consider
20
specified matters;
(d) give Energy Safe Victoria specific directions
in respect of the conduct of the inquiry.
(4) Energy Safe Victoria must report to the Minister
on the results of any inquiry.
25
(5) The Minister may amend the terms of reference or
extend the period within which a report is to be
submitted to the Minister.
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 3--Inquiries and Reports
s. 28
28. Notice of inquiry
(1) Energy Safe Victoria must, after notifying the
Minister, publish notice of an inquiry--
(a) in the Government Gazette; and
(b) in a daily newspaper generally circulating in
5
Victoria; and
(c) on the Internet.
(2) The notice must specify--
(a) the purpose of the inquiry;
(b) the period during which the inquiry is to be
10
held;
(c) the period within which, and the form in
which, members of the public may make
submissions, including details of public
hearings;
15
(d) the matters that Energy Safe Victoria would
like submissions to deal with.
(3) If the inquiry relates to a matter referred to Energy
Safe Victoria by the Minister, the notice must
include the terms of reference and the matters
20
specified in section 27(3).
(4) Energy Safe Victoria must publish a further notice
if the Minister amends the terms of reference or
extends the period within which the report is to be
submitted to the Minister.
25
(5) Energy Safe Victoria must send a copy of any
notice published under this section to any person
or body that it considers should be notified.
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551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 3--Inquiries and Reports
s. 29
29. Conduct of inquiry
(1) Subject to this Act, Energy Safe Victoria may
conduct an inquiry in such a manner as it
considers appropriate.
(2) In conducting an inquiry, Energy Safe Victoria is
5
not bound by rules or practice as to evidence but
may inform itself in relation to any matter in such
manner as it considers appropriate.
(3) Energy Safe Victoria may receive written
submissions or statements.
10
(4) Energy Safe Victoria--
(a) must hold at least one public hearing; and
(b) has a discretion as to whether any person
may appear before Energy Safe Victoria in
person or be represented by another person.
15
(5) Energy Safe Victoria may determine that a
hearing or a part of a hearing be held in private if
it is satisfied that--
(a) it would be in the public interest; or
(b) the evidence is of a confidential or
20
commercially-sensitive nature.
(6) In conducting an inquiry Energy Safe Victoria
may--
(a) consult with any person that it considers
appropriate;
25
(b) hold public seminars and conduct
workshops;
(c) establish working groups and task forces.
30. Powers relating to inquiries
(1) Energy Safe Victoria may serve upon any person
30
a summons to--
(a) provide specified information; or
15
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 3--Inquiries and Reports
s. 30
(b) produce specified documents; or
(c) appear before Energy Safe Victoria to give
evidence.
(2) Energy Safe Victoria may make an order for the
manner of service, including substituted service,
5
of a summons under sub-section (1).
(3) A person who without lawful excuse disobeys a
summons of Energy Safe Victoria is guilty of an
offence.
Penalty: 60 penalty units.
10
(4) It is a lawful excuse for the purposes of sub-
section (3) that compliance may tend to
incriminate that person or make that person liable
to a penalty for any other offence.
(5) A person must not give information which the
15
person knows is false or misleading to Energy
Safe Victoria.
Penalty: 120 penalty units or imprisonment for
6 months.
(6) A person must not--
20
(a) threaten, intimidate or coerce another person;
or
(b) take, threaten to take, incite or be involved in
any action that causes another person to
suffer any loss, injury or disadvantage--
25
because that other person assisted, or intends to
assist, any inquiry conducted by Energy Safe
Victoria.
Penalty: 120 penalty units.
16
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Energy Safe Victoria Act 2005
Act No.
Part 3--Inquiries and Reports
s. 31
(7) A person who, in good faith, makes a statement or
gives a document or information to Energy Safe
Victoria in connection with an inquiry under this
Part is not liable in respect of loss, damage or
injury of any kind suffered by another person
5
because of the making of that statement or the
giving of that document or information, whether
or not the statement is made, or the document or
information is given, in connection with a written
submission or a public hearing.
10
31. Reports
(1) Energy Safe Victoria must submit a copy of its
final report on an inquiry to the Minister.
(2) If, in the opinion of Energy Safe Victoria, a final
report will contain confidential or commercially-
15
sensitive information, Energy Safe Victoria must
divide the report into--
(a) a document containing the confidential or
commercially-sensitive information; and
(b) another document containing the rest of the
20
report.
(3) If Energy Safe Victoria submits a final report to
the Minister in the form required by sub-section
(2), a reference to the final report in sub-sections
(4), (5) and (6) is to be read as a reference to the
25
document described in sub-section (2)(b).
(4) The Minister must cause a copy of the final report
to be laid before each House of the Parliament
within 7 sitting days of the House after receiving
the final report.
30
(5) The Minister must, after the final report has been
laid before each House of the Parliament, or if the
Parliament is not sitting, within 30 days after
receiving a final report, ensure that a copy of the
final report is available for public inspection.
35
17
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 3--Inquiries and Reports
s. 32
(6) After the Minister has made a final report publicly
available, Energy Safe Victoria must ensure that
copies are made publicly available.
32. Special reports
(1) If in the course of an inquiry Energy Safe Victoria
5
considers that there is another matter on which it
should report to the Minister, Energy Safe
Victoria may do so, in the final report or in a
special report.
(2) If Energy Safe Victoria prepares a special report,
10
sub-sections (4), (5) and (6) of section 31 apply to
the special report as if it were a final report.
__________________
18
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 4--General
s. 33
PART 4--GENERAL
33. Regulations
The Governor in Council may make regulations
for or with respect to prescribing any matter or
thing authorised or required to be prescribed or
5
necessary to be prescribed for the carrying of this
Act into effect.
__________________
19
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 5--Transitional Provisions
s. 34
PART 5--TRANSITIONAL PROVISIONS
Division 1--Introductory
34. Definitions
In this Part--
"chief electrical inspector" means the chief
5
electrical inspector appointed under the
Electricity Safety Act 1998;
"commencement day" means the date of
commencement of this Part;
"Director of Gas Safety" means the Director of
10
Gas Safety appointed under the Gas Safety
Act 1997;
"OCEI" means the Office of the Chief Electrical
Inspector established under the Electricity
Safety Act 1998;
15
"OGS" means the Office of Gas Safety
established under the Gas Safety Act 1997.
Division 2--Office of the Chief Electrical Inspector
35. Abolition of OCEI
On the commencement day--
20
(a) OCEI is abolished; and
(b) the chief electrical inspector goes out of
office; and
(c) Energy Safe Victoria is the successor in law
of OCEI; and
25
(d) all rights, assets, liabilities and obligations of
OCEI immediately before its abolition
become rights, assets, liabilities and
obligations of Energy Safe Victoria; and
20
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 5--Transitional Provisions
s. 36
(e) all money standing to the credit of the
General Account of OCEI under the
Electricity Safety Act 1998 becomes money
standing to the credit of the General Account
of Energy Safe Victoria under this Act; and
5
(f) Energy Safe Victoria is substituted as a party
in any proceedings, contract, agreement or
arrangement commenced or made by or
against or in relation to OCEI; and
(g) Energy Safe Victoria may continue and
10
complete any other continuing matter or
thing commenced by or against or in relation
to OCEI; and
(h) the Director may continue and complete any
continuing matter or thing commenced by or
15
against or in relation to the chief electrical
inspector.
36. Staff
(1) On the commencement day the person who holds
the office of the chief electrical inspector under
20
the Electricity Safety Act 1998 immediately
before that day is deemed to be an employee of
Energy Safe Victoria, with the same accrued and
accruing entitlements as applied to that person
immediately before that day as the chief electrical
25
inspector and on the terms and conditions
determined by the Minister, unless that person is
appointed as the Director of Energy Safety under
Part 2 with effect from that day.
(2) On the commencement day any person who was
30
an employee of OCEI immediately before that day
is deemed to be an employee of Energy Safe
Victoria on the same terms and conditions and
with the same accrued and accruing entitlements
as applied to that person immediately before that
35
day as an employee of OCEI.
21
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 5--Transitional Provisions
s. 37
(3) If sub-section (2) applies to a person--
(a) the service of the person as an employee
with Energy Safe Victoria is to be regarded
for all purposes as having been continuous
with the service of the employee with OCEI;
5
and
(b) the person is not entitled to receive any
payment or other benefit by reason only of
having ceased to be an employee of OCEI.
(4) Nothing in this section prevents an employee of
10
OCEI from resigning or being dismissed at any
time after the commencement day in accordance
with the terms and conditions of his or her
employment.
37. Superseded references to OCEI
15
On and from the commencement day, in any Act
(other than this Act) or in any instrument made
under any Act or in any other document of any
kind, a reference to OCEI is deemed to be a
reference to Energy Safe Victoria so far as it
20
relates to any period after the commencement day,
unless the context otherwise requires.
38. Superseded references to chief electrical inspector
On and from the commencement day, in any Act
(other than this Act) or in any instrument made
25
under any Act or in any other document of any
kind, a reference to the chief electrical inspector is
deemed to be a reference to the Director so far as
it relates to any period after the commencement
day, unless the context otherwise requires.
30
22
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 5--Transitional Provisions
s. 39
Division 3--Office of Gas Safety
39. Abolition of OGS
On the commencement day--
(a) OGS is abolished; and
(b) the Director of Gas Safety goes out of office;
5
and
(c) Energy Safe Victoria is the successor in law
of OGS; and
(d) all rights, assets, liabilities and obligations of
OGS immediately before its abolition
10
become rights, assets, liabilities and
obligations of Energy Safe Victoria; and
(e) all moneys standing to the credit of the
General Account of OGS under the Gas
Safety Act 1997 become moneys standing to
15
the credit of the General Account of Energy
Safe Victoria under this Act; and
(f) Energy Safe Victoria is substituted as a party
in any proceedings, contract, agreement or
arrangement commenced or made by or
20
against or in relation to OGS; and
(g) Energy Safe Victoria may continue and
complete any other continuing matter or
thing commenced by or against or in relation
to OGS; and
25
(h) the Director may continue and complete any
continuing matter or thing commenced by or
against or in relation to the Director of Gas
Safety.
23
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 5--Transitional Provisions
s. 40
40. Staff
(1) On the commencement day the person who holds
the office of the Director of Gas Safety under the
Gas Safety Act 1997 immediately before that day
is deemed to be an employee of Energy Safe
5
Victoria, with the same accrued and accruing
entitlements as applied to that person immediately
before that day as the Director of Gas Safety and
on the terms and conditions determined by the
Minister, unless that person is appointed as the
10
Director of Energy Safety under Part 2 with effect
from that day.
(2) On the commencement day any person who was
an employee of OGS immediately before that day
is deemed to be an employee of Energy Safe
15
Victoria on the same terms and conditions and
with the same accrued and accruing entitlements
as applied to that person immediately before that
day as an employee of OGS.
(3) If sub-section (2) applies to a person--
20
(a) the service of the person as an employee
with Energy Safe Victoria is to be regarded
for all purposes as having been continuous
with the service of the employee with OGS;
and
25
(b) the person is not entitled to receive any
payment or other benefit by reason only of
having ceased to be an employee of OGS.
(4) Nothing in this section prevents an employee of
OGS from resigning or being dismissed at any
30
time after the commencement day in accordance
with the terms and conditions of his or her
employment.
24
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 5--Transitional Provisions
s. 41
41. Superseded references to OGS
On and from the commencement day, in any Act
(other than this Act) or in any instrument made
under any Act or in any other document of any
kind, a reference to OGS is deemed to be a
5
reference to Energy Safe Victoria so far as it
relates to any period after the commencement day,
unless the context otherwise requires.
42. Superseded references to Director of Gas Safety
On and from the commencement day, in any Act
10
(other than this Act) or in any instrument made
under any Act or in any other document of any
kind, a reference to the Director of Gas Safety is
deemed to be a reference to the Director so far as
it relates to any period after the commencement
15
day, unless the context otherwise requires.
Division 4--Confidentiality
43. Confidentiality
In section 25--
(a) a reference to the Director includes a
20
reference to the chief electrical inspector and
the Director of Gas Safety;
(b) a reference to an employee, agent or
contractor of Energy Safe Victoria includes a
reference to an employee, agent or contractor
25
of OCEI or OGS.
__________________
25
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 44
PART 6--AMENDMENT OF OTHER ACTS
See:
Division 1--Amendment of Electricity Safety Act 1998
Act No.
25/1998.
Reprint No. 3
44. Definitions
as at
29 July 2002
(1) In section 3 of the Electricity Safety Act 1998
and
amending
insert the following definitions--
5 Act Nos
40/2003,
' "Director" means the Director of Energy Safety
12/2004,
appointed under the Energy Safe Victoria
25/2004 and
108/2004.
Act 2005;
LawToday:
www.dms.
"Energy Safe Victoria" means Energy Safe
dpc.vic.
Victoria established under the Energy Safe
gov.au
10
Victoria Act 2005;'.
(2) In section 3 of the Electricity Safety Act 1998 the
definition of "Office" is repealed.
45. Part 2 substituted
For Part 2 of the Electricity Safety Act 1998
15
substitute--
"PART 2--ENERGY SAFE VICTORIA
6. Objectives of Energy Safe Victoria
The objectives of Energy Safe Victoria under
this Act are--
20
(a) to ensure the electrical safety of
electrical generation, transmission and
distribution systems, electrical
installations and electrical equipment;
(b) to control the electrical safety standards
25
of electrical work carried out by
electrical workers;
26
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 45
(c) to promote awareness of energy
efficiency through energy efficiency
labelling of electrical equipment and
energy efficiency regulation of
electrical equipment;
5
(d) to protect underground and underwater
structures from corrosion caused by
stray electrical currents;
(e) to maintain public and industry
awareness of electrical safety
10
requirements.
7. Functions of Energy Safe Victoria
The functions of Energy Safe Victoria under
this Act are--
(a) to determine minimum safety standards
15
for electrical equipment, electrical
installations and electrical work;
(b) to encourage and monitor the use of
electricity safety management schemes;
(c) to inspect and test electrical equipment,
20
electrical installations and electrical
work for compliance with the specified
safety standards;
(d) to administer the prescribed minimum
standards for energy efficiency of
25
electrical equipment;
(e) to inspect and test electrical equipment
for compliance with the specified
minimum standards for energy
efficiency;
30
(f) to investigate events or incidents which
have implications for electricity safety;
27
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 46
(g) to provide advisory and consultative
services in relation to electricity safety
and electrical equipment, electrical
installations and electrical work;
(h) to advise the electricity industry and the
5
community in relation to electricity
safety;
(i) to monitor and enforce compliance with
this Act and the regulations;
(j) such other functions are as conferred on
10
Energy Safe Victoria by or under this
Act or the regulations under this Act.
8. Funding
A distribution company must pay to Energy
Safe Victoria at such time or times as the
15
Minister determines such annual amount (if
any) as the Minister determines to be payable
by that distribution company in respect of the
reasonable costs and expenses of Energy
Safe Victoria.".
20
46. New section 141B substituted
For section 141B of the Electricity Safety Act
1998 substitute--
"141B. Delegation by Director
The Director may, with the consent of the
25
Minister, by instrument, delegate any
function or power of the Director under
section 141 or 141A to an employee of
Energy Safe Victoria.".
47. Repeal of section 159
30
Section 159 of the Electricity Safety Act 1998 is
repealed.
28
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 48
48. References to the Office and to the chief electrical
inspector
The Electricity Safety Act 1998 is amended as
set out in Schedule 1.
See:
Division 2--Amendment of Gas Safety Act 1997
5 Act No.
99/1997.
Reprint No. 2
49. Definitions as at
14 February
(1) In section 3(1) of the Gas Safety Act 1997 insert 2002 and
amending
the following definition-- Act Nos
24/2002 and
' "Energy Safe Victoria" means Energy Safe 108/2004.
Victoria established under the Energy Safe
10 LawToday:
www.dms.
Victoria Act 2005;'. dpc.vic.
gov.au
(2) In section 3(1) of the Gas Safety Act 1997 for the
definition of "Director" substitute--
' "Director" means the Director of Energy Safety
appointed under the Energy Safe Victoria
15
Act 2005;'.
(3) In section 3(1) of the Gas Safety Act 1997 the
definition of "Office" is repealed.
(4) In section 3(1) of the Gas Safety Act 1997, in
paragraph (a) of the definition of "Type A
20
appliance", for "the Office" substitute "Energy
Safe Victoria".
50. Part 2 substituted
For Part 2 of the Gas Safety Act 1997
substitute--
25
"PART 2--ENERGY SAFE VICTORIA
9. Objectives of Energy Safe Victoria
The objectives of Energy Safe Victoria under
this Act are--
29
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 50
(a) to ensure the safety of the conveyance,
sale, supply, measurement, control and
use of gas; and
(b) to control the safety standards of gas
work; and
5
(c) to maintain public and industry
awareness of gas safety requirements;
and
(d) to promote awareness of energy
efficiency through energy efficiency
10
labelling of gas installations, appliances
and components and energy efficiency
regulation of gas installations,
appliances and components.
10. Functions of Energy Safe Victoria
15
The functions of Energy Safe Victoria under
this Act are--
(a) to issue guidelines specifying minimum
safety standards for appliances, gas
equipment, gas components, gas
20
installations, gas related services and
the conveyance, sale, supply,
measurement, control and use of gas;
(b) to issue guidelines in relation to the
preparation of safety cases;
25
(c) to monitor compliance of appliances,
gas equipment, gas components, gas
installations, gas related services and
the conveyance, sale, supply,
measurement, control and use of gas
30
with the specified safety standards;
(d) to monitor compliance of gas
companies with accepted safety cases;
30
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 51
(e) to audit accepted safety cases to
determine the adequacy and
effectiveness of those safety cases;
(f) to administer the prescribed minimum
standards for energy efficiency of gas
5
installations, appliances and
components;
(g) to inspect and test gas installations,
appliances and components for
compliance with the specified
10
minimum standards for energy
efficiency;
(h) to investigate events or incidents which
have implications for gas safety;
(i) to provide advisory and consultative
15
services in relation to gas safety;
(j) to consult with and advise industry and
the community in relation to gas safety;
(k) such other functions as are conferred on
Energy Safe Victoria by or under this
20
Act or the regulations under this Act.
11. Funding
A gas company must pay to Energy Safe
Victoria at such time or times as the Minister
determines such annual amount (if any) as
25
the Minister determines to be payable by that
gas company in respect of the remuneration
and reasonable costs and expenses of Energy
Safe Victoria.".
51. Repeal of section 123
30
Section 123 of the Gas Safety Act 1997 is
repealed.
31
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 52
52. References to the Office
The Gas Safety Act 1997 is amended as set out in
Schedule 2.
Division 3--Amendment of Other Acts
See: 53. Borrowing and Investment Powers Act 1987
5 Act No.
13/1987.
(1) In Schedule 1 to the Borrowing and Investment
Reprint No. 7
Powers Act 1987, after item 3 insert--
as at
3 November
"3A. Energy Safe 5, 8, 10, 11, 11AA, 12, 14,
2003
and Victoria 15, 20, 20A and 21".
amending
(2) In Schedule 1 to the Borrowing and Investment
Act Nos
85/2003,
Powers Act 1987, items 9B and 9C are repealed.
22/2004,
95/2004,
106/2004 and
10/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 54. Building Act 1993
10 Act No.
126/1993.
In section 241(2A) of the Building Act 1993 for
Reprint No. 5
"the Office of Gas Safety" substitute "Energy
as at
31 May 2003
Safe Victoria".
and
amending
Act Nos
26/2001,
60/2003,
102/2003,
35/2004,
66/2004,
96/2004,
101/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
32
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 55
55. Electricity Industry Act 2000 See:
Act No.
(1) For section 35(2) of the Electricity Industry Act 68/2000.
Reprint No. 2
2000 substitute-- as at
1 July 2004
"(2) The terms and conditions determined by the and
licensee for the purposes of sub-section (1)
5 amending
Act Nos
must not be inconsistent with the terms and 106/2003,
conditions decided by the Commission under 12/2004,
25/2004,
section 36(1).". 75/2004,
82/2004,
(2) Insert the following heading to section 105 of the 86/2004,
Electricity Industry Act 2000--
10 91/2004 and
8/2005..
"Person authorised by Energy Safe Victoria LawToday:
www.dms.
can bring proceedings". dpc.vic.
gov.au
(3) In sections 105(1), 105(2) and 105(3) of the
Electricity Industry Act 2000 for "the Office of
the Chief Electrical Inspector" (wherever
15
occurring) substitute "Energy Safe Victoria".
(4) For section 105(4) of the Electricity Industry
Act 2000 substitute--
'(4) In this section "Energy Safe Victoria"
means Energy Safe Victoria established
20
under the Energy Safe Victoria Act 2005.'.
See:
56. Gas Industry Act 2001 Act No.
31/2001.
(1) For section 42(2) of the Gas Industry Act 2001 Reprint No. 2
substitute-- as at
1 March 2005
"(2) The terms and conditions determined by the
25 and
amending
licensee for the purposes of sub-section (1) Act Nos
must not be inconsistent with the terms and 25/2004 and
108/2004.
conditions decided by the Commission under LawToday:
section 43(1).". www.dms.
dpc.vic.
(2) In section 56(2)(b) of the Gas Industry Act 2001, gov.au
30
for "such provision" substitute "such a
provision".
(3) In section 65(2) of the Gas Industry Act 2001,
for "determining" substitute "deciding".
33
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 57
(4) In sections 231(1), 231(2) and 231(3) of the Gas
Industry Act 2001, for "the Office of Gas Safety"
(wherever occurring) substitute "Energy Safe
Victoria".
(5) For section 231(4) of the Gas Industry Act 2001
5
substitute--
'(4) In this section "Energy Safe Victoria"
means Energy Safe Victoria established
under the Energy Safe Victoria Act 2005.'.
See: 57. Gas Industry (Residual Provisions) Act 1994
10 Act No.
112/1994.
In section 96A of the Gas Industry (Residual
Reprint No. 6
Provisions) Act 1994 for "the Office of Gas
as at
28 April 2004
Safety" (wherever occurring) substitute "Energy
and
Safe Victoria".
amending
Act No.
25/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 58. State Electricity Commission Act 1958
15 Act No.
6377
In section 3(1) of the State Electricity
Reprint No. 9
Commission Act 1958, the definition of "chief
as at
31 December
electrical inspector" is repealed.
1999
and
amending
Act Nos
69/2000 and
32/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
34
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Part 6--Amendment of Other Acts
s. 59
59. Electricity Industry (Wind Energy Development) See:
Act 2004 Act No.
86/2004
Statute Book
In section 6 of the Electricity Industry (Wind www.dms.
Energy Development) Act 2004, in proposed dpc.vic.
gov.au
section 15A(1B) of the Electricity Industry Act
5
2000, for "sub-section (1)" substitute "sub-
section (1A)".
__________________
35
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
Section 48
AMENDMENTS TO THE ELECTRICITY SAFETY ACT 1998
1. In sections 31, 33, 40, 45B, 56, 57, 58, 59, 60, 62, 63, 65(1), 65(2),
5 65(4), 81, 83, 85, 86, 89, 96, 97(2), 99, 100, 101, 104(1), 105, 107, 108,
109, 110, 111, 114A, 116, 118, 121, 128 and 141A, for "The Office"
(wherever occurring) substitute "Energy Safe Victoria".
2. In sections 31, 34, 35, 40, 41, 45A, 45B, 46, 51, 54, 56, 57, 58, 59, 63,
65(1), 65(5), 69, 76, 81, 83, 83A, 85, 86, 88, 89, 91, 92, 93, 95, 96,
10 97(1), 97(2), 97(3), 97(5), 98, 99, 100, 101, 102, 103, 104(3), 105, 106,
108, 109, 111, 112, 113, 114A, 115, 117, 118, 121, 122, 124, 128, 134,
142, 145A, 148, 149A, 150, 151, 152, 153, 154, 155 and 157, for "the
Office" (wherever occurring) substitute "Energy Safe Victoria".
3. In section 55--
15 (a) for "The Office, on" substitute "Energy Safe Victoria, on";
(b) for "the opinion of the Office" substitute "its opinion".
4. Insert the following heading to section 56--
"Acceptance of electrical equipment by Energy Safe Victoria".
5. For section 61 substitute--
20 "61. Approval of samples
The approval by Energy Safe Victoria of prescribed electrical
equipment may be made by the approval of samples or
specifications of the electrical equipment or by any other means
which it considers appropriate.".
25 6. In section 65(3)(b) omit "in a form approved by the Office in a
newspaper or newspapers specified by the Office for a period or periods
specified by the Office,".
36
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Sch. 1
7. After section 65(3) insert--
"(3A) An advertisement referred to in sub-section (3)(b) must be--
(a) in a form approved by Energy Safe Victoria; and
(b) placed in a newspaper or newspapers--
5 (i) specified by Energy Safe Victoria; and
(ii) for a period or periods specified by Energy Safe
Victoria.".
8. Insert the following heading to section 96--
"Directions of Energy Safe Victoria".
10 9. In section 97(4)--
(a) for "if the Office" substitute "if Energy Safe Victoria";
(b) for "the Office may" substitute "it may".
10. Insert the following heading to section 104--
"Directions of Energy Safe Victoria".
15 11. In section 104(2)--
(a) for "the Office may" substitute "Energy Safe Victoria may";
(b) for "provide the Office" substitute "provide it".
12. Insert the following heading to section 116--
"Energy Safe Victoria may request submission of revised scheme".
20 13. In section 121, for "chief electrical inspector" (wherever occurring)
substitute"Director".
14. For the heading to section 128 substitute--
"Entry to be reported to Energy Safe Victoria".
15. Insert the following heading to section 141--
25 "Director may give directions".
16. In sections 141 and 141A, for "chief electrical inspector" (wherever
occurring) substitute "Director".
__________________
37
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Sch. 2
SCHEDULE 2
Section 52
AMENDMENTS TO THE GAS SAFETY ACT 1997
1. In sections 38, 39, 40, 41, 43, 47, 52, 53, 54, 58, 65, 68, 69, 69A, 73, 76,
78(1), 78(2), 78(4) and 107, for "The Office" (wherever occurring)
5 substitute "Energy Safe Victoria".
2. In sections 7(1), 36, 37, 38, 39, 42(1), 42(2) 43, 44, 45, 46, 47, 48, 57,
59, 60, 65, 69, 69A, 70, 71, 71B, 72(1), 72(2), 72(3), 73, 74, 76, 78(1),
78(5), 80, 86, 87, 89, 109, 117 and 118, for "the Office" (wherever
occurring) substitute " Energy Safe Victoria".
10 3. In section 42(3)--
(a) for "the Office decides" substitute "Energy Safe Victoria decides";
(b) for "the Office must" substitute "it must".
4. Insert the following heading to section 43--
"Energy Safe Victoria may determine safety case".
15 5. Insert the following heading to section 47--
"Energy Safe Victoria may request submission of revised safety
case".
6. In sections 55(1) to 55(4)--
(a) for "If the Office" (wherever occurring) substitute "If Energy Safe
20 Victoria";
(b) for "the Office may" (wherever occurring) substitute "it may".
7. In section 55(5)--
(a) for "The Office must" substitute "Energy Safe Victoria must";
(b) for "unless the Office" substitute "unless it".
25 8. Insert the following heading to section 58--
"Energy Safe Victoria may request submission of revised safety
case".
9. Insert the following heading to section 69--
"Acceptance of appliance by Energy Safe Victoria".
38
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Sch. 2
10. In section 72(4)--
(a) for "The Office may" substitute "Energy Safe Victoria may";
(b) for "the Office is" substitute "it is".
11. In section 78(3)(b) omit "in a form approved by the Office in a
5 newspaper or newspapers specified by the Office for a period or periods
specified by the Office,".
12. After section 78(3) insert--
"(3A) An advertisement referred to in sub-section (3)(b) must be--
(a) in a form approved by Energy Safe Victoria; and
10 (b) placed in a newspaper or newspapers--
(i) specified by Energy Safe Victoria; and
(ii) for a period or periods specified by Energy Safe
Victoria.".
13. For section 107B substitute--
15 "107B. Delegation by Director
The Director may, with the consent of the Minister, by
instrument, delegate any function or power of the Director
under section 106 or 107 to an employee of Energy Safe
Victoria.".
39
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
40
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
INDEX
Subject Section
Act
amendments to other Acts 44-59, Schs 1, 2
commencement 2
purposes 1
transitional provisions 34-43
3, 34
Definitions
Director of Energy Safety
acting appointments 15
appointment 12, 16
definition 3
immunity 18
is Energy Safe Victoria 11
pecuniary interests 17
resignation, removal from office 14
terms and conditions of appointment 13
transitional provisions 35, 38, 39, 42, 43
Energy Safe Victoria
appointment of employees, persons 9
borrowing and investment powers 23
committees 8
consists of Director of Energy Safety 11
corporate plans
contents of statement of corporate intent 20
preparation 19
to act in accordance with 21
validity of things done 22
delegation 10
disclosure of information 25, 43
establishment 4
functions 6
General Account 24, 35, 39
objectives 5
powers (general) 7
staff 36, 40, 43
successor in law to OCEI 35
successor in law to OGS 39
transitional provisions 37, 41
validity of acts and decisions 16, 22
Inquiries
conduct 26, 29
notice of 28
powers 30
privilege against self-incrimination 30
referral of matters by Minister 27
reports 31
special reports 32
41
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
Energy Safe Victoria Act 2005
Act No.
Subject Section
Minister
powers and duties relating to
corporate plans 19, 20, 21
Director of Energy Safety 12-15, 17
inquiries by Energy Safe Victoria 26, 27, 28, 31
Offences
improper use of information 25
relating to inquiries 30
Office of Gas Safety (OGS)
abolition 39
staff 40
superseded references 41, 42
Office of the Chief Electrical Inspector (OCEI)
abolition 35
staff 36
superseded references 37-38
33
Regulations
34-43
Transitional provisions
42
551280B.I1-19/5/2005 BILL LA INTRODUCTION 19/5/2005
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