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Energy Legislation Amendment (Energy
Safety) Bill 2023
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1—Preliminary
Clause 1 sets out the purposes of the Bill. The main purposes of the Bill
are—
• to amend the Electricity Safety Act 1998 in relation
to—
• requirements for certain owners and operators of
electrical installations; and
• general duties of owners and operators of
complex electrical installations and railways; and
• modifications of supply networks and changes to
safety management systems; and
• revised electricity safety management schemes
and bushfire mitigation plans; and
• voluntary electricity safety management schemes
for operators of complex electrical installations;
and
• the period within which things seized by
enforcement officers must be returned; and
• preservation of serious electrical incident sites;
and
601018 BILL LA INTRODUCTION 16/5/2023
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• acceptance and enforcement of written
undertakings; and
• the period within which a proceeding for an
offence against that Act may be commenced; and
• penalties for offences against that Act; and
• to amend the Gas Safety Act 1997 in relation to—
• preservation of gas incident sites; and
• modifications of facilities and changes to safety
management systems; and
• revised safety cases; and
• the period within which things seized by
inspectors must be returned; and
• acceptance and enforcement of written
undertakings; and
• the period within which a proceeding for an
offence against that Act may be commenced; and
• penalties for offences against that Act; and
• to amend the Pipelines Act 2005 in relation to—
• acceptance and enforcement of written
undertakings; and
• penalties for offences against that Act.
Clause 2 is the commencement provision, which provides for the Bill to
come into operation on a day or days to be proclaimed, or on
16 May 2024 if not proclaimed before that date.
Part 2—Amendment of Electricity Safety Act 1998
Clause 3 sets out definitions for declared installation and declared owner
or operator and amends the existing definitions of accepted
ESMS operator, bushfire mitigation plan and fire control
authority in section 3 of the Electricity Safety Act 1998.
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Clause 4 inserts new section 3B into the Electricity Safety Act 1998.
The new section provides for the Governor in Council, on the
recommendation of the Minister, to declare, by Order published
in the Government Gazette, an owner or operator of an electrical
installation to be a declared owner or operator in respect of any
electrical installation, or any part of an electrical installation,
specified in the Order. Once an owner or operator has been
declared as a declared owner or operator, they will be subject to
the same general duties and obligations in Part 10 of the
Electricity Safety Act 1998 that currently apply to major
electricity companies. This is set out in clause 20 of this Bill.
Clause 5 amends section 8 of the Electricity Safety Act 1998 to require a
transmission company to pay to Energy Safe Victoria at such
time or times as the Minister determines such annual amount
(if any) as the Minister determines to be payable by that company
in respect of the reasonable costs and expenses of Energy Safe
Victoria. This broadens the existing provision, which only
applies to a distribution company. Clause 5 also inserts a new
subsection (2) into section 8 of that Act to provide for an
equivalent requirement to apply to a declared owner or operator.
Clause 6 substitutes existing section 75(1) and (2) of the Electricity
Safety Act 1998 to align the general duties of an owner or
operator of a complex electrical installation with those of a major
electricity company under that Act. The new provisions will
require an owner or operator of a complex electrical installation
to design, construct, operate, maintain and decommission the
installation to minimise as far as practicable—
• the hazards and risks to the safety of any person arising
from the installation; and
• the hazards and risks of damage to the property of any
person arising from the installation; and
• the bushfire danger arising from the installation—
Secondly, the new provisions will require an owner or operator of
a railway to design, construct, operate, maintain and
decommission the supply network of the railway to minimise as
far as practicable—
• the hazards and risks to the safety of any person arising
from the supply network; and
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• the hazards and risks of damage to the property of any
person arising from the supply network; and
• the bushfire danger arising from the supply network.
An owner or operator that contravenes section 75(1) or (2) is
liable for a penalty not exceeding—
• in the case of a natural person, 1800 penalty units;
• in the case of a body corporate, 9000 penalty units.
Clause 7 amends the maximum penalty for an offence under section
83B(1) of the Electricity Safety Act 1998, to increase the
amount of 300 penalty units in the case of a natural person to
1800 penalty units and the amount of 1500 penalty units in the
case of a body corporate to 9000 penalty units.
Clause 8 amends the maximum penalty for an offence under section
83BA(1) of the Electricity Safety Act 1998, to increase the
amount of 300 penalty units in the case of a natural person to
600 penalty units and the amount of 1500 penalty units in the
case of a body corporate to 3000 penalty units.
Clause 9 amends the maximum penalty for offences under section
83BB(1) and (2) of the Electricity Safety Act 1998, to increase
the amount of 300 penalty units in the case of a natural person to
1200 penalty units and the amount of 1500 penalty units in the
case of a body corporate to 6000 penalty units.
Clause 10 amends the maximum penalty for an offence under section 90 of
the Electricity Safety Act 1998, to increase the amount of
50 penalty units in the case of a natural person to 100 penalty
units and the amount of 250 penalty units in the case of a body
corporate to 500 penalty units.
Clause 11 amends the maximum penalty for an offence under section 98 of
the Electricity Safety Act 1998, to increase the amount of
300 penalty units in the case of a natural person to 1800 penalty
units and the amount of 1500 penalty units in the case of a body
corporate to 9000 penalty units.
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Clause 12 amends the maximum penalty for an offence under section 99(1)
of the Electricity Safety Act 1998, to increase the amount of
300 penalty units in the case of a natural person to 600 penalty
units and the amount of 1500 penalty units in the case of a body
corporate to 3000 penalty units.
Subclause (2) makes a consequential amendment to section
99(2A) due to the amendments to section 113A of the Electricity
Safety Act 1998 set out in clause 17 of this Bill.
Clause 13 amends the maximum penalty for offences under section 106(1),
(2), (3) and (4) of the Electricity Safety Act 1998, to increase
the amount of 300 penalty units in the case of a natural person to
1200 penalty units and the amount of 1500 penalty units in the
case of a body corporate to 6000 penalty units.
Subclause (2) omits the reference to "significantly" in section
106(4)(a) and (b) and omits the reference to "significant" in
section 106(4)(c). These amendments mean that a major
electricity company will be prohibited from—
• undertaking or permitting a modification of a supply
network that has the potential to increase the overall
levels of risk to the safety of any person or property
arising from the supply network; or
• undertaking or permitting a modification of a supply
network that has the potential to influence the level of
specific risk to the safety of any person or property
arising from the supply network or the ranking of risk
contributing factors; or
• making or permitting a change to the safety
management system in relation to the supply network—
unless Energy Safe Victoria has accepted a revision of the
accepted electricity safety management scheme in relation to that
matter for the supply network—
instead of the current requirements under the Electricity Safety
Act 1998 to not undertake or permit a modification that has
potential to significantly increase the overall levels of risks in
relation to the overall levels of risk to safety of any person or
property or significantly influence the level of specific risk to the
safety of any person or property arising from the supply network
or the ranking of contributing factors or make a significant
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change to the safety management system in relation to the supply
network.
Clause 14 amends section 107(b), (c) and (d) of the Electricity Safety
Act 1998 to omit references to "significant". The amendments
mean that a major electricity company will be required to submit
a revised electricity safety management scheme to Energy Safety
Victoria if—
• a proposed modification to the supply network will
result in an increase in the overall level of risk to the
safety of the person or property arising from the supply
network; or
• a proposed modification to the work practices covered
by the accepted electricity safety management scheme
will result in an increase in the overall levels of risk to
the safety of any person or property arising from the
supply network; or
• the major electricity company proposes to make a
change to the accepted electricity safety management
scheme—
instead of the current requirements under the Electricity Safety
Act 1998 to submit a revised electricity safety management
scheme where there is only a significant increase in the overall
levels of risk to safety to any person or property arising from the
supply network or significant changes to the accepted scheme.
Clause 15 substitutes section 108 of the Electricity Safety Act 1998 to
ensure that a major electricity company prepares a revised
electricity safety management scheme every 5 years. The new
section requires a major electricity company to submit a revised
electricity safety management scheme for a supply network of the
company to Energy Safe Victoria at the end of a review period.
For the purpose of section 108, relevant day is defined to mean
the day on which clause 15 of the Bill comes into operation and
review period is defined to mean
• either—
• for an accepted ESMS in force immediately
before the relevant day, the period of 5 years
commencing on the day of its most recent
acceptance before the relevant day; or
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• for any other accepted ESMS, the period of
5 years commencing on the day on which it is
first accepted; and
• every subsequent period of 5 years commencing
on the day after the day on which the previous
period ends.
• A major electricity company that contravenes
section 108 is liable to a penalty not exceeding—
• in the case of a natural person, 300 penalty units;
or
• in the case of a body corporate, 1500 penalty
units.
Clause 16 amends the maximum penalty for an offence under section 110 of
the Electricity Safety Act 1998, to increase the amount of
80 penalty units in the case of a natural person to 300 penalty
units and the amount of 400 penalty units in the case of a body
corporate to 1500 penalty units.
Clause 17 amends section 113A of the Electricity Safety Act 1998 by
substituting section 113A(1) and inserting a new section
113A(1A). New section 113A(1) gives certainty that a major
electricity company must prepare and submit an initial plan for
the company's proposals for mitigation of bushfire in relation to
the company's supply network to Energy Safe Victoria for
acceptance under Division 2A of Part 10 of the Act.
New section 113A(1A) will require a major electricity company
to prepare and submit a revised plan for the company's proposals
for mitigation of bushfire in relation to the company's supply
network to Energy Safe Victoria, for acceptance under the same
Division, at the end of a review period (effectively, every
5 years).
A major electricity company that contravenes section 113A(1) or
(1A) is liable to a penalty not exceeding—
• in the case of a natural person, 600 penalty units; or
• in the case of a body corporate, 3000 penalty units.
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For the purpose of section 113A, relevant day is defined to mean
the day on which clause 17 of the Bill comes into operation and
review period is defined to mean—
• either—
• for an accepted bushfire mitigation plan in force
immediately before the relevant day, the period
of 5 years commencing on the day of its most
recent acceptance before the relevant day; or
• for any other accepted bushfire mitigation plan,
the period of 5 years commencing on the day on
which it is first accepted; and
• every subsequent period of 5 years commencing on the
day after the day on which the previous period ends.
Clause 18 amends the maximum penalty for offences under section 113B(1)
and (2) of the Electricity Safety Act 1998, to increase the
amount of 300 penalty units in the case of a natural person to
1200 penalty units and the amount of 1500 penalty units in the
case of a body corporate to 6000 penalty units.
Clause 19 repeals section 113D(3) of the Electricity Safety Act 1998 as a
consequence of the amendments made by clause 15 of this Bill,
which will require a revised electricity safety management
scheme to be submitted to Energy Safe Victoria every 5 years
despite any other revisions that may be made to it under
sections 107 and 109. As such, section 113D(3) is no longer
applicable.
Clause 20 inserts a new Division 2B into Part 10 of the Electricity Safety
Act 1998. The new Division sets out the general duties that
apply to a declared owner or operator and the requirements for
declared owners and operators relating to electricity safety
management schemes and bushfire mitigation plans.
New section 113G requires a declared owner or operator to
design, construct, operate, maintain and decommission its
declared installation to minimise as far as practicable—
• the hazards and risks to the safety of any person arising
from the installation; and
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• the hazards and risks of damage to the property of any
person arising from the installation; and
• the bushfire danger arising from the installation.
A person who contravenes new section 113G is liable to a
penalty not exceeding—
• in the case of a natural person, 1800 penalty units; or
• in the case of a body corporate, 9000 penalty units.
New section 113H provides that, subject to that section,
Division 2 of Part 10 of the Electricity Safety Act 1998 applies
to a declared owner or operator in respect of its declared
installation as if—
• a reference to a major electricity company were a
reference to a declared owner or operator; and
• a reference to a supply network were a reference to a
declared installation; and
• the reference in section 99(2)(b)(i) to duties under
Division 1 were a reference to duties under
section 113G; and
• the reference in section 113 to a duty or obligation set
out in Division 1 were a reference to a duty or
obligation set out in section 113G.
New section 113H(2) provides that, if a declared installation is in
operation immediately before the day on which a declaration
under section 3B takes effect in respect of that installation, the
electricity safety management scheme for that installation must
be submitted to Energy Safe Victoria before the first anniversary
of that day.
New section 113I(1) provides that Division 2A of Part 10 of the
Electricity Safety Act 1998 (except sections 113C and 113F)
applies to a declared owner or operator in respect of its declared
installation as if—
• a reference to a major electricity company were a
reference to a declared owner or operator; and
• a reference to a supply network were a reference to a
declared installation.
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New section 113I(2) provides that sections 83BC to 83BH apply
to the validation, acceptance, provisional acceptance,
non-acceptance and determination by Energy Safe Victoria of a
bushfire mitigation plan for a declared owner or operator in
respect of its declared installation as if—
• a reference to a specified operator were a reference to a
declared owner or operator; and
• a reference to an at-risk electric line were a reference to
a declared installation; and
• a reference to a bushfire mitigation plan submitted
under section 83BA were a reference to a bushfire
mitigation plan submitted under Division 2A.
New section 113J provides Energy Safe Victoria with a power to
exempt a declared owner or operator from compliance with—
• any regulations relating to the operation, maintenance or
decommissioning of its declared installation; or
• section 44(2), 45(1), (2) or (3) or 45A of the Electricity
Safety Act 1998.
Clause 21 amends section 116 of the Electricity Safety Act 1998 to enable
Energy Safe Victoria to permit an operator of a complex
electrical installation, in addition to an owner of a complex
electrical installation, to submit an electricity safety management
scheme in respect of the design, construction, operation,
maintenance and decommissioning of the complex electrical
installation.
Clause 22 amends section 117(2A) of the Electricity Safety Act 1998 to
provide that, if Energy Safe Victoria accepts an electricity safety
management scheme submitted under section 116 of that Act,
Energy Safe Victoria may exempt an operator of a complex
electrical installation to which the scheme applies, in addition to
an owner of a complex electrical installation, from compliance
with any of the regulations relating to the operation, maintenance,
and decommissioning of the complex electrical installation or
from compliance with section 44(2), 45(1), (2) or (3) or 45A of
the Act.
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Clause 23 amends the maximum penalty for offences under section 118(1),
(2) and (3) of the Electricity Safety Act 1998, to increase the
amount of 200 penalty units in the case of a natural person to
1200 penalty units and the amount of 1000 penalty units in the
case of a body corporate to 6000 penalty units.
Clause 24 substitutes section 119 of the Electricity Safety Act 1998 to
ensure that a voluntary electricity safety management scheme
operator prepares a revised electricity safety management scheme
every 5 years. A voluntary electricity safety management
scheme operator will be required to submit a revised electricity
safety management scheme, for a complex electrical installation
or electrical work to which an accepted electricity safety
management scheme applies, to Energy Safe Victoria at the end
of a review period.
For the purpose of section 119 relevant day is defined to mean
the day on which clause 24 of the Bill comes into operation and
review period is defined to mean—
• either—
• for an accepted ESMS in force immediately
before the relevant day, the period of 5 years
commencing on the day of its most recent
acceptance before the relevant day; or
• for any other accepted ESMS, the period of
5 years commencing on the day on which it is
first accepted; and
• every subsequent period of 5 years commencing on the
day after the day on which the previous period ends.
A voluntary electricity safety management scheme operator that
contravenes section 119(1) is liable to a penalty not exceeding—
• in the case of a natural person, 300 penalty units; or
• in the case of a body corporate, 1500 penalty units.
Clause 25 amends section 120(b), (c) and (d) of the Electricity Safety
Act 1998 to omit references to "significant". A voluntary
electricity safety management scheme operator will be required
to submit a revised electricity safety management scheme to
Energy Safe Victoria if—
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• a proposed modification to the supply network or
electrical installation will result in an increase in the
overall risk to the safety of any person or property
arising from the supply network or electrical
installation; or
• a proposed change to the electrical work to which the
electricity safety management scheme applies will result
in an increase in the overall levels of risk to the safety of
any person or property arising from electricity; or
• the voluntary electricity safety management scheme
operator proposes to make a change to the scheme.
Clause 26 amends section 120A(1)(c) of the Electricity Safety Act 1998 to
allow Energy Safe Victoria to request at any time a voluntary
electricity safety management scheme operator that is an operator
of a complex electrical installation to submit a revised electricity
safety management scheme for that installation.
Clause 27 amends the maximum penalty for an offence under section 120B
of the Electricity Safety Act 1998, to increase the amount of
80 penalty units in the case of a natural person to 300 penalty
units and the amount of 400 penalty units in the case of a body
corporate to 1500 penalty units.
Clause 28 substitutes section 120C(2)(b) of the Electricity Safety Act 1998
to allow a voluntary electricity safety management scheme
operator that is an operator of a complex electrical installation to
withdraw an accepted scheme applying to that installation.
Clause 29 amends the maximum penalty for an offence under section 120D
of the Electricity Safety Act 1998, to increase the amount of
200 penalty units in the case of a natural person to 1200 penalty
units and the amount of 1000 penalty units in the case of a body
corporate to 6000 penalty units.
Clause 30 amends the maximum penalty for an offence under section 120E
of the Electricity Safety Act 1998, to increase the amount of
200 penalty units in the case of a natural person to 1200 penalty
units and the amount of 1000 penalty units in the case of a body
corporate to 6000 penalty units.
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Clause 31 amends section 120F of the Electricity Safety Act 1998 to
require an operator of a complex electrical installation, in respect
of the complex electrical installation to which an electricity
safety management scheme applies, to minimise as far as
practicable the hazards and risks to the safety of any person and
the hazards and risks of damage to property arising from that
installation.
Subclause (3) amends the maximum penalty for an offence under
section 120F of the Electricity Safety Act 1998, to increase the
amount of 200 penalty units in the case of a natural person to
1200 penalty units and the amount of 1000 penalty units in the
case of a body corporate to 6000 penalty units.
Clause 32 amends section 120H(1)(a)(ii) of the Electricity Safety
Act 1998. This amendment will allow Energy Safe Victoria to
require an accepted electricity safety management scheme
operator to obtain an independent audit of the operator's
compliance with the accepted scheme where it applies to an
installation declared to be a declared installation under the new
section 3B to be inserted by clause 4 of this Bill.
Clause 33 amends section 120I(b) of the Electricity Safety Act 1998.
The amendment will allow Energy Safe Victoria to conduct, or
cause to be conducted, an audit to determine whether or not an
accepted electricity safety management scheme operator is
satisfactorily complying with the accepted scheme where it
applies to the operator's installation declared to be a declared
installation under the new section 3B.
Clause 34 amends section 126(2) of the Electricity Safety Act 1998 to
substitute the references to "14 days" with "60 days". The effect
of this amendment is that, if an enforcement officer seizes a thing
under section 125 of that Act and does not return the thing to the
person from whom it was seized within 60 days, the officer must
take reasonable steps to return it unless proceedings have
commenced and those proceedings (including any appeal) have
not been completed or a court makes an order under section 127
of the Act extending the period of 60 days.
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Clause 35 amends section 141(3) of the Electricity Safety Act 1998 to
include a declared owner or operator in the definition of relevant
person in that section. This means that Energy Safe Victoria will
be able to give directions under that section to a declared owner
or operator, in the same way that it can currently give directions
under that section to an electricity supplier or another person
supplying or licensed to supply or sell electricity.
This clause substitutes section 141AB(1) of the Electricity
Safety Act 1998 to allow Energy Safe Victoria to require, by
written notice, a person to give Energy Safe Victoria information
in the person's possession or control that Energy Safe Victoria
reasonably requires for the purpose of verifying—
• the performance of transmission companies in
complying with Divisions 1A, 2 and 4 of Part 8, and
Part 10 of that Act; or
• the performance of declared owners or operators in
complying with Part 10 of that Act.
This is in addition to Energy Safe Victoria's existing power under
that section to require information for the purpose of verifying
the performance of distribution companies in complying with
Divisions 1A, 2 and 4 of Part 8, and Part 10 of that Act.
Clause 37 inserts a new Division 1A into Part 12 of the Electricity Safety
Act 1998 to allow for Energy Safe Victoria to accept written
undertakings. New section 141D allows Energy Safe Victoria to
accept, by written notice, a written undertaking given by a person
in connection with a matter relating to a contravention or alleged
contravention by the person of the Electricity Safety Act 1988
or regulations made under that Act. A person may withdraw or
vary an undertaking with the written consent of Energy Safe
Victoria.
If a person who gives an undertaking accepted under new section
141D(1) contravenes that undertaking, that person is liable to a
penalty not exceeding—
• in the case of a natural person, 500 penalty units; or
• in the case of a body corporate, 2500 penalty units.
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Energy Safe Victoria must not commence a proceeding for an
offence against the Electricity Safety Act 1998 or regulations
made under that Act, constituted by a contravention or alleged
contravention to which an undertaking accepted by Energy Safe
Victoria relates, if the undertaking—
• is in effect and is being satisfied; or
• has been fully satisfied and discharged.
New section 141E provides that, if Energy Safe Victoria
considers that a person has contravened an undertaking given by
the person and accepted under section 141D, Energy Safe
Victoria may apply to the Magistrates' Court for an order under
subsection (2).
Subsection (2) provides that, if the Court is satisfied that a person
has contravened an undertaking given by the person and accepted
under section 141D, the Court may make—
• an order that the person comply with the undertaking or
take specified action to comply with the undertaking; or
• any other order that the Court considers appropriate.
Clause 38 inserts a new section 142(2A) into the Electricity Safety
Act 1998 to require a declared owner or operator, in addition to
an electricity supplier as currently provided under that Act, to
report to Energy Safe Victoria in accordance with the regulations
made under that Act any serious electrical incident which occurs
in relation to its declared installation. A declared owner or
operator that contravenes new section 142(2A) is liable to a
penalty not exceeding—
• in the case of a natural person, 300 penalty units; or
• in the case of a body corporate, 1500 penalty units.
Clause 39 inserts a new section 142A into the Electricity Safety Act 1998
to require an electricity supplier that is required to report a
serious electrical incident under section 142 of that Act to ensure,
subject to subsection (2), that the site of the incident is not
disturbed until an enforcement officer directs otherwise.
Subsection (2) provides exemptions to subsection (1), such that
an electricity supplier may disturb the site for the purpose of—
• protecting the health or safety of any person; or
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• aiding an injured person who was involved in the
incident; or
• taking action necessary to make the site safe or to
prevent a further serious electrical incident; or
• restoring supply of electricity.
An electricity supplier who contravenes new section 142A(1) is
liable to a penalty not exceeding—
• in the case of a natural person, 240 penalty units; or
• in the case of a body corporate, 1200 penalty units.
Clause 40 substitutes section 148A of the Electricity Safety Act 1998 to set
out the period within which proceedings for offences under the
Electricity Safety Act 1998 or regulations made under that Act
may be commenced. The amendment will allow Energy Safe
Victoria to commence a proceeding within 3 years after it
becomes aware of the commission of an alleged offence.
Currently, a proceeding may only be commenced within 3 years
after the alleged offence is committed. Energy Safe Victoria may
not become aware of an alleged offence until several years after
its alleged commission, in which case it is too late to commence a
proceeding.
Subsection (1) provides that, subject to subsection (2), despite
anything to the contrary in any Act (other than the Charter of
Human Rights and Responsibilities Act 2006)—
• Energy Safe Victoria may commence a proceeding for
an offence against the Electricity Safety Act 1998 or
regulations made under that Act within the period of
3 years after it becomes aware of the commission of the
alleged offence; and
• any other person may commence a proceeding for an
offence against the Electricity Safety Act 1998 or
regulations made under that Act within the period of
3 years after the commission of the alleged offence.
Subsection (2) prohibits Energy Safe Victoria from commencing
a proceeding for an offence against section 141D(3), or any other
offence against the Electricity Safety Act 1998 or the
regulations made under that Act constituted by a contravention or
alleged contravention to which an undertaking accepted under
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section 141D(1) relates, unless it does so within the period of
6 months after the day on which it—
• becomes aware that the undertaking has been
contravened; or
• consents to the withdrawal of the undertaking under
section 141D(2).
Part 3—Amendment of Gas Safety Act 1997
Clause 41 amends the maximum penalty for an offence under section 32 of
the Gas Safety Act 1997, to increase the amount of 300 penalty
units in the case of a natural person to 1800 penalty units and the
amount of 1500 penalty units in the case of a body corporate to
9000 penalty units.
Clause 42 amends the maximum penalty for offences under section 33(1)
and (2) of the Gas Safety Act 1997, to increase the amount of
300 penalty units in the case of a natural person to 1800 penalty
units and the amount of 1500 penalty units in the case of a body
corporate to 9000 penalty units.
Clause 43 amends the maximum penalty units for offences under
section 34(1) and (2) of the Gas Safety Act 1997, to increase the
amount of 300 penalty units in the case of a natural person to
1800 penalty units and the amount of 1500 penalty units in the
case of a body corporate to 9000 penalty units.
Clause 44 inserts a new section 36A into the Gas Safety Act 1997 to
require a gas company that is required to report a gas incident
under 36 to ensure, subject to new subsection (2), that the site of
the gas incident is not disturbed until an inspector directs
otherwise.
New section 36A(2) provides exemptions to the requirement not
to disturb the site of an incident, being for the purpose of—
• protecting the health or safety of any person; or
• aiding an injured person who was involved in the gas
incident; or
• taking action necessary to make the site safe or to
prevent a further gas incident; or
• restoring supply of gas.
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Clause 45 amends the maximum penalty for an offence under section 37(1)
of the Gas Safety Act 1997, to increase the amount of
300 penalty units in the case of a natural person to 600 penalty
units and the amount of 1500 penalty units in the case of a body
corporate to 3000 penalty units.
Clause 46 amends the maximum penalty for offences under section 44(1),
(2), (3) and (4) of the Gas Safety Act 1997, to increase the
amount of 300 penalty units in the case of a natural person to
1200 penalty units and the amount of 1500 penalty units in the
case of a body corporate to 6000 penalty units.
Subclause (2) amends section 44(4)(a) and (b) to omit references
to "significantly" and section 44(4)(c) to omit the reference to
"significant". As a result, a gas company will be required to
not—
• undertake or permit a modification of a facility that has
the potential to increase the overall levels of risk in
relation to a facility; or
• undertake or permit a modification that has the potential
to influence the level of a specific risk or the ranking of
risk contributing factors; or
• make or permit a change to the safety management
system in relation to the facility—
unless Energy Safe Victoria has accepted a revision of the safety
case in relation to that matter for that facility—
instead of the current requirements under the Gas Safety
Act 1997 to not undertake or permit a modification that has
potential to significantly increase the overall levels of risk in
relation to the facility or significantly influence the level of
specific risk or the ranking of the risk contributing factors or
make a significant change to the safety management of the
facility.
Clause 47 amends section 45(b) of the Gas Safety Act 1997 to omit the
reference to "significant increase" and substitute with "an
increase", amends section 45(c) to omit the reference to
"significantly" and amends section 45(d) to omit the reference to
"significant". In addition to other matters set out in section 45, a
gas company will be required to submit a revised safety case to
Energy Safe Victoria if—
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• proposed modifications of the facility will result in an
increase in the overall levels of risk in relation to the
facility; or
• a proposed modification of the facility may influence
the level of a specific risk or the ranking of risk
contributing factors; or
• the gas company proposes to make a change to the
safety management system in relation to the facility—
instead of the current requirements under the Gas Safety
Act 1997 to submit a revised safety case if the proposed
modifications of the facility would result in a significant increase
in the overall levels of risk in relation to the facility or would
significantly influence the level of specific risk or ranking of risk
contributing factors or the gas company proposes to make
significant changes to the safety management system.
Clause 48 substitutes section 46 of the Gas Safety Act 1997 to ensure that a
gas company prepares a revised safety case every 5 years after
the acceptance of a scheme under section 40 of that Act. A gas
company will be required to submit a revised safety case for a
facility of the company to Energy Safe Victoria at the end of a
review period.
For the purpose of section 46 a relevant day is defined to mean
the day on which clause 48 of this Bill comes into operation and
review period is defined to mean—
• either—
• for an accepted safety case in force immediately
before the relevant day, the period of 5 years
commencing on the day of its most recent
acceptance before the relevant day; or
• for any other accepted safety case, the period of
5 years commencing on the day on which it is
first accepted; and
• every subsequent period of 5 years commencing on the
day after the day on which the previous period ends.
20
A gas company that contravenes section 46 is liable to a penalty
not exceeding—
• in the case of a natural person, 300 penalty units.
• in the case of a body corporate, 1500 penalty units.
Clause 49 amends the maximum penalty for an offence under section 48 of
the Gas Safety Act 1997, to increase the amount of 80 penalty
units in the case of a natural person to 300 penalty units and the
amount of 400 penalty units in the case of a body corporate to
1500 penalty units.
Clause 50 amends the maximum penalty for offences under section 56(1),
(2) and (3) of the Gas Safety Act 1997, to increase the amount of
200 penalty units in the case of a natural person to 1200 penalty
units and the amount of 1000 penalty units in the case of a body
corporate to 6000 penalty units.
Clause 51 substitutes section 57 of the Gas Safety Act 1997 to ensure that
the operator prepares a revised safety case every 5 years after the
first safety case is accepted. An operator of a complex gas
installation or a manufacturer of a class of Type B appliances or a
class of complex gas installations, in respect of which an
accepted safety case applies under Division 3 of Part 3 of the Gas
Safety Act 1997 will be required to submit a revised safety case
to Energy Safe Victoria at the end of the review period.
For the purpose of section 57, relevant day is defined to mean the
day on which clause 51 of this Bill comes into operation and
review period is defined to mean—
• either—
• for an accepted safety case in force immediately
before the relevant day, the period of 5 years
commencing on the day of its most recent
acceptance before the relevant day; or
• for any other accepted safety case, the period of
5 years commencing on the day on which it is
first accepted; and
• every subsequent period of 5 years commencing on the
day after the day on which the previous period ends.
21
An operator of a complex gas installation or a manufacturer of a
class of Type B appliances or a class of complex gas installations
that contravenes section 57 is liable to a penalty not exceeding—
• in the case of a natural person, 300 penalty units.
• in the case of a body corporate, 1500 penalty units.
Clause 52 amends the maximum penalty for an offence under section 59 of
the Gas Safety Act 1997, to increase the amount of 80 penalty
units in the case of a natural person to 300 penalty units and the
amount of 400 penalty units in the case of a body corporate to
1500 penalty units.
Clause 53 amends the maximum penalty for an offence under section 61 of
the Gas Safety Act 1997, to increase the amount of 200 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1000 penalty units in the case of a body corporate to
6000 penalty units.
Clause 54 amends the maximum penalty for an offence under section 62 of
the Gas Safety Act 1997, to increase the amount of 200 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1000 penalty units in the case of a body corporate to
6000 penalty units.
Clause 55 amends the maximum penalty for an offence under section 63 of
the Gas Safety Act 1997, to increase the amount of 200 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1000 penalty units in the case of a body corporate to
6000 penalty units.
Clause 56 amends section 91(2) of the Gas Safety Act 1997 to substitute
the reference to "14 days" to "60 days". If an inspector seizes a
thing under section 90 of that Act, and does not return the thing
within 60 days the inspector must take reasonable steps to return
it unless proceedings have commenced and those proceedings
(including an appeal) have not been completed or a court makes
an order under section 92 of the Gas Safety Act 1997 extending
the period of 60 days.
22
Clause 57 inserts a new Division 1A into Part 6 of the Gas Safety Act 1997
to allow Energy Safe Victoria to accept written undertakings.
New section 109C allows Energy Safe Victoria to accept, by
written notice, a written undertaking given by a person in
connection with a matter relating to a contravention or alleged
contravention by the person of that Act or the regulations made
under that Act. A person may withdraw or vary an undertaking
with the written consent of Energy Safe Victoria.
If a person who gives an undertaking accepted under new
section 109C contravenes that undertaking, that person is liable
for a penalty not exceeding—
• in the case of a natural person, 500 penalty units;
• in the case of a body corporate, 2500 penalty units.
Energy Safe Victoria must not commence a proceeding for an
offence against the Gas Safety Act 1997 or regulations made
under that Act, constituted by a contravention or alleged
contravention to which an undertaking accepted under new
section 109C(1) relates, if the undertaking—
• is in effect and is being satisfied; or
• has been fully satisfied and discharged.
New section 109D provides that if Energy Safe Victoria
considers that a person has contravened an undertaking given by
the person and accepted under new section 109C(1), Energy Safe
Victoria may apply to the Magistrates' Court for an order under
subsection 109D(2).
Section 109D(2) provides that if the Court is satisfied that a
person has contravened an undertaking given by the person and
accepted under section 109C(1), the Court may make—
• an order that the person comply with the undertaking or
take specified action to comply with the undertaking; or
• any other order that the Court considers appropriate.
Clause 58 substitutes section 117AA of the Gas Safety Act 1997 to set out
the period within which proceedings for offences under that Act
or regulations made under that Act may be brought.
The amendment provides for Energy Safety Victoria to bring
proceedings after it becomes aware of the commission of an
alleged offence. Currently, a proceeding may only be brought
23
3 years after the commission of the alleged offence, which may
not become apparent for several years after the commission of
the alleged offence has occurred.
Section 117AA(1) provides that, subject to subsection (2),
despite anything to the contrary in any Act (other than the
Charter of Human Rights and Responsibilities Act 2006)—
• Energy Safe Victoria may commence a proceeding for
an offence against the Gas Safety Act 1997 or
regulations made under that Act within the period of
3 years after it becomes aware of the commission of the
alleged offence; and
• any other person may commence a proceeding for an
offence against the Gas Safety Act 1997 or regulations
made under that Act within the period of 3 years after
the commission of the alleged offence.
Energy Safe Victoria must not commence a proceeding for an
offence against section 109C(3) or any other offence against the
Gas Safety Act 1997 or the regulations constituted by a
contravention or alleged contravention to which an undertaking
accepted under section 109C(1) relates unless it does so within
the period of 6 months after the day on which it—
• becomes aware that the undertaking has been
contravened; or
• consents to the withdrawal of the undertaking under
section 109C(2).
Part 4—Amendment of Pipelines Act 2005
Clause 59 amends the maximum penalty for an offence under
section 100(1) of the Pipelines Act 2005, to increase the amount
of 240 penalty units in the case of a natural person to
1200 penalty units and the amount of 1200 penalty units in the
case of a body corporate to 6000 penalty units.
Clause 60 amends the maximum penalty for an offence under
section 101(2) of the Pipelines Act 2005, to increase the amount
of 240 penalty units in the case of a natural person to
1200 penalty units and the amount of 1200 penalty units in the
case of a body corporate to 6000 penalty units.
24
Clause 61 amends the maximum penalty for an offence under
section 102(3) of the Pipelines Act 2005, to increase the amount
of 240 penalty units in the case of a natural person to
1200 penalty units and the amount of 1200 penalty units in the
case of a body corporate to 6000 penalty units.
Clause 62 amends the maximum penalty for an offence under
section 103(2) of the Pipelines Act 2005, to increase the amount
of 240 penalty units in the case of a natural person to
1200 penalty units and the amount of 1200 penalty units in the
case of a body corporate to 6000 penalty units.
Clause 63 amends the maximum penalty for an offence under section 109 of
the Pipelines Act 2005, to increase the amount of 240 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1200 penalty units in the case of a body corporate to
6000 penalty units.
Clause 64 amends the maximum penalty for an offence under section 111 of
the Pipelines Act 2005, to increase the amount of 240 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1200 penalty units in the case of a body corporate to
6000 penalty units.
Clause 65 amends the maximum penalty for offences under section 114(3)
and (4) of the Pipelines Act 2005, to increase the amount of
240 penalty units in the case of a natural person to 300 penalty
units and the amount of 1200 penalty units in the case of a body
corporate to 1500 penalty units.
Clause 66 amends the maximum penalty for an offence under section
115(5) of the Pipelines Act 2005, to increase the amount of
240 penalty units in the case of a natural person to 1200 penalty
units and the amount of 1200 penalty units in the case of a body
corporate to 6000 penalty units.
Clause 67 amends the maximum units for an offence under section 124 of
the Pipelines Act 2005, to increase the amount of 240 penalty
units in the case of a natural person to 1800 penalty units and the
amount of 1200 penalty units in the case of a body corporate to
9000 penalty units.
25
Clause 68 amends the maximum penalty for an offence under section 127 of
the Pipelines Act 2005, to increase the amount of 240 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1200 penalty units in the case of a body corporate to
6000 penalty units.
Clause 69 amends the maximum penalty for an offence under section 129 of
the Pipelines Act 2005, to increase the amount of 240 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1200 penalty units in the case of a body corporate to
6000 penalty units.
Clause 70 amends the maximum penalty for an offence under section 132 of
the Pipelines Act 2005, to increase the amount of 60 penalty
units in the case of a natural person to 300 penalty units and the
amount of 240 penalty units in the case of a body corporate to
1500 penalty units.
Clause 71 amends the maximum penalty for an offence under section 134 of
the Pipelines Act 2005, to increase the amount of 240 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1200 penalty units in the case of a body corporate to
6000 penalty units.
Clause 72 amends the maximum penalty for an offence under section 136 of
the Pipelines Act 2005, to increase the amount of 240 penalty
units in the case of a natural person to 1200 penalty units and the
amount of 1200 penalty units in the case of a body corporate to
6000 penalty units.
Clause 73 amends the maximum penalty for an offence under section 139 of
the Pipelines Act 2005, to increase the amount of 60 penalty
units in the case of a natural person to 300 penalty units and the
amount of 240 penalty units in the case of a body corporate to
1500 penalty units.
Clause 74 inserts a new Division 1A into Part 11 of the Pipelines Act 2005
to allow for the Minister administering that Act to accept written
undertakings. New section 156A allows the Minister to accept,
by written notice, a written undertaking given by a person in
connection with a matter relating to a contravention or alleged
contravention by the person of the Pipelines Act 2005 or
regulations made under that Act. A person may withdraw or vary
an undertaking with the written consent of the Minister.
26
If a person who gives an undertaking accepted under new section
156A(1) contravenes that undertaking, that person is liable for a
penalty not exceeding—
• in the case of a natural person, 500 penalty units;
• in the case of a body corporate, 2500 penalty units.
The Minister must not commence a proceeding for an offence
against the Pipelines Act 2005 or regulations made under that
Act, constituted by a contravention or alleged contravention to
which an undertaking accepted under new section 156A(1)
relates, if the undertaking—
• is in effect and is being satisfied; or
• has been fully satisfied and discharged.
New section 156B provides that if the Minister considers that a
person has contravened an undertaking given by the person and
accepted under new section 156A(1), the Minister may apply to
the Magistrates' Court for an order under subsection 156B(2).
Section 156B(2) provides that if the Court is satisfied that a
person has contravened an undertaking given by the person and
accepted under section 156A(1), the Court may make—
• an order that the person comply with the undertaking or
take specified action to comply with the undertaking; or
• any other order that the Court considers appropriate.
Part 5—Repeal of this Act
Clause 75 provides for the automatic repeal of the Energy Legislation
Amendment (Energy Safety) Act 2023 on 16 May 2025.
The repeal of that Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).