Energy Safe Victoria Act 2005

to establish the Victorian Energy Safety Commission (which is also to be known as Energy Safe Victoria); and

to abolish the Office of Gas Safety and the Office of the Chief Electrical Inspector; and

to make consequential amendments to the Gas Safety Act 1997 and the Electricity Safety Act 1998 and other Acts.

Subject to subsection (3), this Act (except section 59) comes into operation on a day to be proclaimed.

Section 59 is deemed to have come into operation on 23 November 2004.

If a provision of this Act does not come into operation before 30 December 2005, it comes into operation on that day.

The Victorian Energy Safety Commission is established.

The Victorian Energy Safety Commission—

is a body corporate with perpetual succession; and

has an official seal; and

may sue and be sued; and

may acquire, hold and dispose of real and personal property; and

may do and suffer all acts and things that a body corporate may by law do and suffer; and

is also to be known as Energy Safe Victoria; and

may be referred to as Energy Safe Victoria for any purpose.

The official seal of Energy Safe Victoria—

must be kept in custody as directed by Energy Safe Victoria; and

must not be used except as authorised by Energy Safe Victoria.

All courts must take judicial notice of the seal of Energy Safe Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

this Act and the regulations under this Act; and

the Electricity Safety Act 1998 and the regulations under that Act; and

the Gas Safety Act 1997 and the regulations under that Act; and

any other Act or the regulations made under any other Act.

has such powers as are conferred on it by this Act or any other Act or the regulations under this Act or any other Act; and

may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the achievement of its objectives or the performance of its functions.

Despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), Energy Safe Victoria is authorised, on its own initiative or at the request of the AER, to provide the AER with such information (including information given in confidence) in the possession or control of Energy Safe Victoria that is reasonably required by the AER to perform a function or duty or exercise a power under the National Electricity (Victoria) Law or the National Gas (Victoria) Law.

Nothing done, or authorised to be done, by Energy Safe Victoria in acting under subsection (1)—

constitutes a breach of, or default under, an Act or other law; or

constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or

constitutes a breach of a duty of confidence (whether arising by contract, in equity, by custom or in any other way); or

constitutes a civil or criminal wrong; or

terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation or gives rise to any other right or remedy; or

releases a surety or any other obligee wholly or in part from an obligation.

In this section, AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth.

Despite any other Act or law (other than the Charter of Human Rights and Responsibilities Act 2006), Energy Safe Victoria is authorised, on its own initiative or at the request of a regulatory authority, to disclose information to a regulatory authority obtained in the course of carrying out a function under Part 4 of the Electricity Safety Act 1998 if—

the disclosure is reasonably necessary to enable the regulatory authority to perform a function under a corresponding law; or

the disclosure is authorised by the person to whom the information relates.

Nothing done, or authorised to be done, by Energy Safe Victoria in acting under subsection (1)—

constitutes a contravention of, or default under, an Act or other law; or

constitutes a contravention of, or default under, a contract, agreement, understanding or undertaking; or

constitutes a contravention of a duty of confidence (whether arising by contract, in equity, by custom or in any other way); or

constitutes a civil or criminal wrong; or

terminates an agreement or obligation or fulfils any condition that allows a person to terminate an agreement or obligation or gives rise to any other right or remedy; or

releases a surety or any other obligee wholly or in part from an obligation.

In this section—

Energy Safe Victoria may establish such committees as it determines.

A committee established under subsection (1) is to consist of—

such employees of Energy Safe Victoria; and

such other persons—

Energy Safe Victoria must appoint one of the members of the committee as chairperson.

Except as otherwise provided by the regulations, the procedure of a committee is in its discretion.

Energy Safe Victoria may appoint or engage such employees or other persons as are necessary for the performance of its functions.

The terms and conditions of appointment or engagement are as determined by Energy Safe Victoria.