Energy Legislation Amendment (Consumer Protection) Act by the Chief Parliamentary Counsel Authorised Version i Energy Legislation Amendment (Consumer Protection) Act 2015 No. 49 of 2015

  • Published on
    06-Mar-2018

  • View
    214

  • Download
    2

Embed Size (px)

Transcript

  • Authorised by the Chief Parliamentary Counsel

    Authorised Version

    i

    Energy Legislation Amendment (Consumer Protection) Act 2015

    No. 49 of 2015

    TABLE OF PROVISIONS Section Page

    Part 1Preliminary 1

    1 Purposes 1 2 Commencement 2

    Part 2Amendment of Electricity Industry Act 2000 3 3 Definitions 3 4 Objectives of the Commission 3 5 New sections 23A, 23B and 23C inserted 3 6 New section 29A inserted 6 7 Offer to domestic or small business customers (licensee

    standing offers) 6 8 Required tariff information and licensee contact information

    to be published in newspaper and Government Gazette 8 9 Compensation for wrongful disconnection 8 10 Regulation of exit fees 8 11 Objects 10 12 Statute law revision 10

    Part 3Amendment of Essential Services Commission Act 2001 11

    13 Definitions 11 14 New section 10AA inserted 12 15 Insertion of headings in Part 7 13 16 Civil penalty 13 17 New Division 2 inserted in Part 7 14

    Part 4Amendment of Gas Industry Act 2001 31

    18 Definitions 31 19 Objectives of the Commission 31 20 New sections 33 and 34 inserted 31 21 New section 38A inserted 33 22 Offer to domestic or small business customers (licensee

    standing offers) 33 23 Required tariff information and licensee contact information

    to be published in newspaper and Government Gazette 35 24 Compensation for wrongful disconnection 35

  • Section Page

    ii Authorised by the Chief Parliamentary Counsel

    25 Regulation of exit fees 35 26 Objects 37 27 Statute law revision 37

    Part 5Repeal of amending Act 38 28 Repeal of amending Act 38

    Endnotes 39 1 General information 39

  • Authorised by the Chief Parliamentary Counsel

    Authorised Version

    1

    Energy Legislation Amendment

    (Consumer Protection) Act 2015 No. 49 of 2015

    [Assented to 13 October 2015]

    The Parliament of Victoria enacts:

    Part 1Preliminary 1 Purposes

    The main purposes of this Act are

    (a) to amend the Electricity Industry Act 2000 to impose new licence conditions, increase compensation payable for wrongful disconnections and to make other amendments; and

    Victoria

  • Part 1Preliminary

    Energy Legislation Amendment (Consumer Protection) Act 2015 No. 49 of 2015

    2 Authorised by the Chief Parliamentary Counsel

    (b) to amend the Essential Services Commission Act 2001

    (i) to provide the Essential Services Commission with further enforcement powers in relation to the energy industry; and

    (ii) to increase the maximum penalty that may be specified in a civil penalty notice in relation to the energy industry; and

    (iii) to expand the Essential Services Commission's publication and reporting functions in relation to the energy industry; and

    (iv) to make other amendments; and

    (c) to amend the Gas Industry Act 2001 to impose new licence conditions, increase compensation payable for wrongful disconnections and to make other amendments.

    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 1 September 2016, it comes into operation on that day.

  • Part 2Amendment of Electricity Industry Act 2000

    Energy Legislation Amendment (Consumer Protection) Act 2015 No. 49 of 2015

    3 Authorised by the Chief Parliamentary Counsel

    Part 2Amendment of Electricity Industry Act 2000

    3 Definitions In section 3 of the Electricity Industry Act 2000 insert the following definition "Code of Practice means a Code of Practice

    applying to the electricity industry under Part 6 of the Essential Services Commission Act 2001 or under this Act;".

    4 Objectives of the Commission In section 10 of the Electricity Industry Act 2000

    (a) in paragraph (b), for "competition." substitute "competition; and";

    (b) after paragraph (b) insert "(c) to promote protections for customers,

    including in relation to assisting customers who are facing payment difficulties.".

    5 New sections 23A, 23B and 23C inserted After section 23 of the Electricity Industry Act 2000 insert

    "23A Condition to give information to Commission

    (1) A licence to sell electricity is taken to include a condition requiring the licensee to comply with this section.

    (2) The licensee must give to the Commission, for the purpose of enabling the Commission to perform its functions under Subdivision 3 of Division 2 of Part 7 of the Essential Services Commission Act 2001, the

  • Part 2Amendment of Electricity Industry Act 2000

    Energy Legislation Amendment (Consumer Protection) Act 2015 No. 49 of 2015

    4 Authorised by the Chief Parliamentary Counsel

    information specified by the Commission in the guidelines issued under subsection (4).

    (3) The licensee must give to the Commission the information referred to in subsection (2) in the manner and form (including by the date or dates) specified in the guidelines issued under subsection (4).

    (4) The Commission must prepare and issue guidelines for the purposes of this section.

    23B Condition relating to advertising of enforcement action taken against licensee

    (1) A licence is taken to include a condition requiring the licensee, at the direction of the Commission, to publish a notice, approved by the Commission, containing the things set out in subsection (2) in a daily newspaper generally circulating in Victoria within the period specified by the Commission.

    (2) A notice published under subsection (1) must contain the following things

    (a) a statement that enforcement action has been taken in respect of the licensee;

    (b) an explanation of the nature of the enforcement action;

    (c) the reason for the enforcement action;

    (d) the status of any proceeding commenced, or action taken, in relation to the enforcement action.

    (3) In this section

    enforcement action has the same meaning as in section 3 of the Essential Services Commission Act 2001.

  • Part 2Amendment of Electricity Industry Act 2000

    Energy Legislation Amendment (Consumer Protection) Act 2015 No. 49 of 2015

    5 Authorised by the Chief Parliamentary Counsel

    23C Condition relating to renewable energy customers

    (1) A licence to sell electricity is taken to include a condition requiring the licensee to offer to sell electricity to a renewable energy customer at the same tariffs and on the same terms and conditions that it would offer to the customer if the customer was not a renewable energy customer.

    (2) Nothing in subsection (1) prevents a licensee from also offering to sell renewable energy customers electricity at tariffs and on terms and conditions that the licensee only makes available to renewable energy customers.

    (3) This section applies despite anything to the contrary in an Order made under section 13(1).

    (4) In this section

    renewable energy customer means (a) a qualifying customer within the

    meaning of section 40F(1); or

    (b) a TFiT scheme customer within the meaning of section 40F(1); or

    (c) a relevant generator within the meaning of section 40F(1) engaging in the generation of electricity from a small renewable energy generation facility within the meaning of section 40F(1).".

  • Part 2Amendment of Electricity Industry Act 2000

    Energy Legislation Amendment (Consumer Protection) Act 2015 No. 49 of 2015

    6 Authorised by the Chief Parliamentary Counsel

    6 New section 29A inserted After section 29 of the Electricity Industry Act 2000 insert

    "29A Variation to licence conditioncontravention of licence or Code of Practice

    (1) The Commission, by written notice served on the licensee, may vary a licence or licence condition without the consent of the licensee if the licensee has contravened or is contravening a condition of the licence or a provision of a Code of Practice.

    (2) A licence or licence condition that is varied under subsection (1) must specify the action that the licensee is required to take

    (a) to rectify the contravention; and

    (b) to prevent any future contravention of the licence condition or provision of the Code of Practice.

    (3) The Commission must not vary a licence or the licence condition under this section unless the Commission has given the licensee an opportunity to make representations on the matter.".

    7 Offer to domestic or small business customers (licensee standing offers)

    (1) In section 35(3) of the Electricity Industry Act 2000, for "subsection (3A)" substitute "subsections (3A) and (3E) to (3G)".

    (2) After section 35(3A) of the Electricity Industry Act 2000 insert

    "(3B) The Minister, by Order published in the Government Gazette, may specify either or both of the following

  • Part 2Amendment of Electricity Industry Act 2000

    Energy Legislation Amendment (Consumer Protection) Act 2015 No. 49 of 2015

    7 Authorised by the Chief Parliamentary Counsel

    (a) a date on which, or period within which, licensees may publish a notice referred to in subsection (3);

    (b) a date on which, or period within which, tariffs varied in accordance with subsection (3) must take effect.

    (3C) A date specified in an Order made in the exercise of the power under subsection (3B)(b) may be a date that is less than one month before tariffs varied in accordance with subsection (3) would otherwise take effect.

    (3D) A period specified in an Order made in the exercise of the power under subsection (3B)(b) may end on a day that is

Recommended

View more >