Victorian Numbered Acts

ENERGY LEGISLATION AMENDMENT ACT 2021 (NO. 33 OF 2021) - SECT 19

    (1)     In clause 1.1(b) of Schedule 4 to the National Electricity (Victoria) Act 2005 omit the following words and expressions—

""civil penalty" means—

        (a)     in the case of a breach of a civil penalty provision (other than a rebidding civil penalty provision) by—

              (i)     a natural person—

    (A)     an amount not exceeding $20 000; and

    (B)     an amount not exceeding $2 000 for every day during which the breach continues; or

              (ii)     a body corporate—

    (A)     an amount not exceeding $100 000; and

    (B)     an amount not exceeding $10 000 for every day during which the breach continues; or

        (b)     in the case of a breach of a rebidding civil penalty provision by any person—

              (i)     an amount not exceeding $1 000 000; and

              (ii)     an amount not exceeding $50 000 for every day during which the breach continues;".

    (2)     In clause 1.1(b) of Schedule 4 to the National Electricity (Victoria) Act 2005 omit the following words and expressions—

""rebidding civil penalty provision" means a provision of the Rules that is prescribed by the Regulations to be a rebidding civil penalty provision;".

    (3)     For clause 2 of Schedule 4 to the National Electricity (Victoria) Act 2005 substitute —

        '     2     Section 2A substituted and new section 2AA inserted

    2.1     The NEL applies as a law of Victoria as if for section 2A there were substituted—

" 2A—Meaning of access dispute

        An access dispute is—

        (a)     a dispute between a network service user (or prospective network service user) and a network service provider about an aspect of access to an electricity network service specified by the Rules to be an aspect to which Part 10 applies; or

        (b)     without limiting paragraph (a)—a dispute between a retail customer (or other person specified by the Rules) and a regulated distribution system operator about an aspect of access to a connection service specified by the Rules to be an aspect to which Part 10 applies.

Provision	Section heading
Section 11(1), (2), (3) and (4)	Electricity market activities in this jurisdiction
Section 14A	Regulated transmission system operator must comply with transmission determination
Section 14B	Regulated distribution system operator must comply with distribution determination
Section 14P(1) and (3)	Obligation to report net contract position
Section 18ZC(1) and (2)	Obligation of regulated entities to keep records
Section 18ZD	Obligation of regulated entities to provide information and data about compliance
Section 18ZF(1) and (3)	Compliance audits by regulated entities
Section 28N	Compliance with regulatory information notice that is served
Section 28O	Compliance with general regulatory information order
Section 50D(1)	Network agreement
Section 50F(1), (4) and (5)	Augmentation
Section 53C(3) and (4)	Compliance with market information instrument
Section 136	Compliance with access determination
Section 157(1)	Preventing or hindering access

    (1a)     A reliability obligation civil penalty provision is section 14R(2).

    (2)     A conduct provision is a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a conduct provision.".'.

    (4)     In clause 22.1 of Schedule 4 to the National Electricity (Victoria) Act 2005 —

        (a)     for " is in breach of " substitute " has breached ";

        (b)     for "is in breach of" substitute "has breached";

        (c)     for "to be in breach of" substitute "has breached";

        (d)     for "the person in breach" (wherever occurring) substitute "the person".

    (5)     In clause 32.1 of Schedule 4 to the National Electricity (Victoria) Act 2005 , for "in their capacity as officer or employee of the corporation" substitute ", which is within the scope of the actual or apparent authority of the officer or employee,".

Part 6—Amendment of National Gas (Victoria) Act 2008