New s. 13 inserted by No. 66/2007 s. 4. 13 Definitions s. 13 In this Part— S. 13 def. of Country Fire Authority inserted by No. 55/2010 s. 40. Country Fire Authority means the Country Fire Authority appointed under the Country Fire Authority Act 1958; S. 13 def. of Distribution Network Service Provider inserted by No. 55/2010 s. 40. Distribution Network Service Provider has the same meaning as in the National Electricity Rules; S. 13 def. of Energy Safe Victoria inserted by No. 55/2010 s. 40. Energy Safe Victoria means Energy Safe Victoria established under the Energy Safe Victoria Act 2005; S. 13 def. of f-factor amount determination inserted by No. 55/2010 s. 40. f-factor amount determination means a determination made by the AER in accordance with an Order under section 16C(1)(b); S. 13 def. of f-factor scheme determination inserted by No. 55/2010 s. 40. f-factor scheme determination means a determination made by the AER in accordance with an Order under section 16C(1)(a); S. 13 def. of first distribution determination period inserted by No. 55/2010 s. 40. first distribution determination period means the period— (a) commencing on the day after the day that is the Victorian distribution pricing determination end date; and (b) ending on—
(i) 31 December 2015; or s. 13 (ii) for a distribution determination that continues to be in force after that date, the date on which that distribution determination ceases to be in force; S. 13 def. of Metropolitan Fire and Emergency Services Board inserted by No. 55/2010 s. 40. Metropolitan Fire and Emergency Services Board means the Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958; NEL means the National Electricity Law set out in the Schedule to the National Electricity () Act 1996 of as in force for the time being; S. 13 def. of relevant entity inserted by No. 55/2010 s. 40, amended by No. 70/2013 s. 4(Sch. 2 item 33). relevant entity means— (a) the Secretary to the Department of Environment and Primary Industries; or (b) Energy Safe ; or (c) the Country Fire Authority; or (d) the Metropolitan Fire and Emergency Services Board; S. 13 def. of service target performance incentive scheme inserted by No. 55/2010 s. 40. service target performance incentive scheme has the same meaning as in the National Electricity Rules; Victorian distribution pricing determination end date means— (a) 31 December 2010; or
6.18.7A(e)(1)(iv) of the Rules there were inserted— "(v) Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011 (Vic);". Pt 3 Div. 2B (Heading) inserted by No. 11/2013 s. 12. Division 2B—Metering S. 16B inserted by No. 55/2010 s. 38. 16B Disapplication of national smart meter rollout provisions Despite section 6— (a) Part 8A of the NEL does not apply as a law of Victoria; and (b) any Rule made for the purposes of that Part does not have the force of law in . S. 16BA inserted by No. 11/2013 s. 13. 16BA Modification of National Electricity Rules to be consistent with advanced metering infrastructure Orders s. 16BA (1) The Minister, by Order published in the Government Gazette, may declare that— (a) a provision of Chapter 7 of the National Electricity Rules— (i) does not have the force of law in Victoria; (ii) has the force of law in Victoria subject to modifications, if any, specified in the Order; (b) Rule 6.18 of the National Electricity Rules has the force of law in Victoria subject to the modifications specified in the Order. (2) The Minister may make an Order under subsection (1)(a) or (b) for the purpose of any
(7) An f-factor scheme determination or f-factor amount determination made under an Order under subsection (1) cannot come into effect before the Victorian distribution pricing determination end date. S. 16D inserted by No. 55/2010 s. 42. 16D Functions and powers conferred and duties imposed on AER s. 16D A function or power conferred or a duty imposed on the AER by an Order under section 16C is taken to be conferred or imposed by this Act. Note to s. 16D amended by No. 21/2012 s. 239(Sch. 6 item 29.1). Note See sections 44AH and 44AI of the Competition and Consumer Act 2010 of the Commonwealth. S. 16E inserted by No. 55/2010 s. 42. 16E Application of NEL provisions after the Victorian distribution pricing determination end date s. 16E (1) Despite section 6, after the Victorian distribution pricing determination end date— (a) unless the context otherwise requires, a reference in the NEL to "the Law" or "this Law" is to be read as including a reference to an Order under section 16C; (b) a reference in the NEL to a function or power of the AER (including, but not limited to, an AER economic regulatory function or power) is to be read as including a reference to a function or power conferred or a duty imposed on the AER under section 16D; (c) section 14B of the NEL is to be read as if after "that operator" there were inserted "and an ffactor scheme determination and an
applicable Victorian distribution determination— that are inconsistent with the modified Rules or this Division. (2) Subsection (1) applies despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules. S. 16P inserted by No. 51/2012 s. 10. 16P Victorian DNSPs are not required to comply with AER decisions or determinations that are inconsistent with this Division (1) A Victorian DNSP is not required to comply with a decision or determination, or any part of a decision or determination, of the AER that is inconsistent with the modified Rules or this Division. (2) Subsection (1) applies despite anything to the contrary in— (a) the National Electricity (Victoria) Law; or (b) the National Electricity Rules; or s. 16P (c) the Electricity Industry Act 2000; or (d) a licence under the Electricity Industry Act 2000 held by a Victorian DNSP. __________________ Pt 4 (Heading and ss 17–29) inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 ss 43, 44). S. 17 inserted by No. 66/2007 s. 5. 17 Definitions s. 17 In this Part—
AMI Order means— (a) the initial AMI Order; or (b) any other Order made by the Governor in Council under section 46D of the Electricity Industry Act 2000 that is in force immediately before the transitional period commencement date; distribution licence has the same meaning as in the Electricity Industry Act 2000; distribution services has the meaning given by section 18; S. 17 def. of ESC enforceable regulatory requirement inserted by No. 11/2013 s. 14. ESC enforceable regulatory requirement means a relevant regulatory law or instrument, or a provision of a relevant regulatory law or instrument, specified under an Order under section 22A; initial AMI Order means the Order— (a) made by the Governor in Council under sections 15A and 46D of the Electricity Industry Act 2000; and (b) published in the Government Gazette on 28 August 2007; relevant distributor means— (a) a distribution company within the meaning of the Electricity Industry Act 2000; or (b) a person who— (i) engages in the distribution or supply of electricity; and
(a) a Victorian distribution pricing determination; or (b) a condition of a distribution licence that requires compliance with— (i) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by the relevant distributor); or (ii) a code or a guideline published by the ESC that relates to the economic regulation of the provision of distribution services by the distributor— s. 25 and the AER considers that the contravention or likely contravention is not of a trivial nature. (2) The AER may serve a provisional order or a final order on the relevant distributor requiring the distributor— (a) to comply with— (i) a Victorian distribution pricing determination; or (ii) the relevant distribution licence condition; and (b) if a contravention has already occurred, to take such actions as are specified in the order to rectify the contravention. (3) Section 53(2) to (9) and section 54 of the Essential Services Commission Act 2001 apply as if— (a) reference in those sections to a provisional order or a final order were a reference to a provisional order or a final order made and served under this section; and
the Use of Emergency Powers entered into between the State of , the State of , the State of , the State of , the , and NEMMCO, dated 24 November 1998. S. 50 inserted by No. 23/2009 s. 4. 50 Customer load shedding arrangements s. 49 On the commencement of section 12 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, an agreement, arrangement or determination made under section 80 of the Electricity Industry Act 2000, and in force immediately before that commencement, is deemed to be an agreement, arrangement or determination under section 115A of the National Electricity (Victoria) Law. __________________ Sch. 1 inserted by No. 51/2012 s. 11. SCHEDULE 1 Sections 16M and 16N Sch. 1 A 2011-15 Table 19 Building block amounts resulting from ESCV ECM carryover for CitiPower ($ million, 2010) 2011 2012 2013 2014 Total 4.38 –8.01 –5.74 –4.93 –14.30 Table 20