National Electricity (Victoria) Act 2005

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Crown to be bound 3

5 Extra-territorial operation 3 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations 5

6 Application in Victoria of the National Electricity Law 5

7 Application of Regulations under National Electricity Law 5

8 Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations 5

9 Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules 6

10 National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation 6

11 Personal Property Securities 7

11A Extension of AER functions and powers 7

11B Prescription of provisions of the regulations as civil penalty provisions 7

12 Supreme Court—limitation of jurisdiction 8

12A Regulations 8 Part 3—Modification of application of the National Electricity Law 12 Division 1—Interpretation 12

13 Definitions 12 Authorised by the Chief Parliamentary Counsel i Section Page Division 2—General modifications 14

14 NEL provisions providing for access to distribution services do not apply during specified period 14

15 Modification of application of National Electricity Law and National Electricity Rules by Order 15

16 Role of National Electricity Law and Rules in relation to distribution determinations and Victorian distribution pricing determinations 16 Division 2A—Feed-in tariff modifications 18

16A Solar feed-in credit obligation is a regulatory obligation or requirement 18

16AB Modification of National Electricity Rules for the purpose of transitional feed-in tariff scheme 20 Division 2B—Metering 20

16B Disapplication of national smart meter rollout provisions 20

16BA Modification of National Electricity Rules to be consistent with advanced metering infrastructure Orders 20 Division 3—The f-factor scheme 21

16C Order in Council for establishment of f-factor scheme 21

16D Functions and powers conferred and duties imposed on AER 25

16E Application of NEL provisions after the Victorian distribution pricing determination end date 25

16F Interrelationship between f-factor determinations and distribution determinations 28

16G Power of AER to request information relating to f-factor determinations 29 Division 4—Application of pre-2011 service adjustment scheme and efficiency carryover mechanism 30

16H Definitions 30

16I Application 33

16J Efficiency carryover mechanism is an efficiency benefit sharing scheme 33

16K Modification of definition of regulatory control period for purposes of this Division 34

16L Service adjustment is a service target performance incentive scheme 34

16M Distribution pricing proposals 34

16N Approval of distribution pricing proposals 36

16O AER compliance with Tribunal decisions inconsistent with this Division 37 Authorised by the Chief Parliamentary Counsel ii Section Page

16P Victorian DNSPs are not required to comply with AER decisions or determinations that are inconsistent with this Division 38 Division 5—Distribution network connections and retail customer connection arrangements 39

16Q Application of certain provisions of the National Electricity (South Australia) Act 1996—distribution network connections etc. 39

16R Amendment of the National Electricity Rules 39

16S Further modification of the amended National Electricity Rules 40

16T Transitional provisions for retail customer connection arrangements 41 Division 6—Wholesale electricity markets and network service providers 41

16U Application of certain provisions of the National Electricity (South Australia) Act 1996—wholesale electricity markets and network service providers 41

16V Regulations 42 Part 4—Economic regulatory distribution functions transitional arrangements 43

17 Definitions 43

18 Meaning of distribution services 45

19 Meaning of relevant regulatory duty 46

20 Meaning of relevant regulatory function or power 46

21 Specified distribution licence conditions 47

22 Specified ESC code or guideline provisions 47

22A Specified regulatory law or instrument provisions are ESC enforceable regulatory requirements 48

23 Certain ESC regulatory functions, powers and duties conferred and imposed on the AER 48

24 ESC ceases to have certain distribution system related regulatory functions, powers and duties 49

25 Enforcement of Victorian distribution pricing determination and distribution licences by AER 50

26 ESC cannot enforce Victorian pricing determination or certain distribution licence conditions 51

27 AER may request amendment of distribution licences and distribution service related code or guideline 52

27A AER determinations under the AMI Order 52

28 Provision of information and assistance by ESC to the AER 54

28A Provision of information and assistance by AER to the ESC 55

29 Appeals against certain decisions or actions of the AER 56 Authorised by the Chief Parliamentary Counsel iii Section Page

29A Interveners in appeals against decisions or determinations under the AMI Order 59 Part 5—Victorian declared networks 61 Division 1—Ministerial declarations 61

30 Declaration of declared transmission system 61

31 Declaration of declared transmission system operator 61 Division 2—AEMO's declared network functions 61

32 Application of AEMO's declared network functions 61

33 Certain defined terms for the purposes of the National Electricity (Victoria) Law 61 Division 3—Regulatory arrangements 62

34 Definitions 62

35 Declaration of current connection agreements and current network agreements 63

36 Ministerial specification of ESC code or guideline or provision under ESC code or guideline 64

37 Current network agreements 64

38 Current connection agreements 65

39 Specified code or guidelines and specified VENCorp provisions 65

40 Current VENCorp transmission determination 65

41 VENCorp's negotiating framework and negotiated transmission service criteria 66 Division 4—Land access for augmentations 67

42 Definition 67

43 Model lease and licence 67

44 Declared transmission system operator must provide access to land and premises 67

45 Resolution of dispute arising from attempt to negotiate a lease or licence 68

46 Termination of lease or licence 69

47 General principles governing AER determinations 69 Division 5—Other matters 70

48 Notice of change to declared transmission system operator 70

49 Appointment of Responsible Officer 71

50 Customer load shedding arrangements 71 Authorised by the Chief Parliamentary Counsel iv Section Page Schedule 1––Specified building block amounts applying to applicable Victorian distribution determinations 72 Schedule 2—Amendment of National Electricity Rules 75 Schedule 3—Transitional provisions for retail customer connection arrangements 142 Schedule 4—Modifications for wholesale electricity markets and network service providers 149 ═══════════════ Endnotes 168

1 General information 168

2 Table of Amendments 170

3 Amendments Not in Operation 173

4 Explanatory details 174 Authorised by the Chief Parliamentary Counsel v Authorised Version No. 024 National Electricity (Victoria) Act 2005 No. 8 of 2005 Authorised Version incorporating amendments as at

1 January 2018 The Parliament of Victoria enacts as follows: Part 1—Preliminary

1 Purpose The main purpose of this Act is to make provision in relation to the national electricity market.

2 Commencement This Act comes into operation on a day to be proclaimed.

3 Definitions (1) In this Act— 2006–2010 distribution pricing determination— S. 3(1) def. of 2006–2010 distribution (a) means the determination of the ESC pricing under Part 3 of the Essential Services determination inserted by Commission Act 2001 made on No. 66/2007

18 October 2005 applying to charges s. 3(a). for connection to, and the use of, distribution systems in Victoria (as amended in accordance with the decision of the appeal panel (within the meaning of the Essential Services Commission Act 2001) on 17 February 2006); and (b) includes amendments made to that determination before the commencement of section 5 of the National Electricity (Victoria) Amendment Act 2007; Authorised by the Chief Parliamentary Counsel 1 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 1—Preliminary S. 3(1) def. of Essential Services Commission or ESC means the Essential Essential Services Commission established Services Commission under section 7 of the Essential Services or ESC Commission Act 2001; inserted by No. 66/2007 s. 3(a). National Electricity (Victoria) Law means the provisions applying because of section 6 of this Act; S. 3(1) def. of National Electricity (Victoria) Regulations National Electricity means the provisions applying because of (Victoria) section 7 of this Act; Regulations amended by No. 66/2007 s. 3(b). S. 3(1) def. of Tariff Order has the same meaning as in the Tariff Order inserted by Electricity Industry Act 2000; No. 66/2007 s. 3(c). S. 3(1) def. of Victorian distribution pricing determination Victorian distribution means— pricing determination (a) the 2006–2010 distribution pricing inserted by No. 66/2007 determination as amended from time to s. 3(c). time; or (b) a determination under Part 3 of the Essential Services Commission Act 2001 or the Tariff Order applying to charges for connection to, and the use of, distribution systems in Victoria that revokes and substitutes— (i) the 2006–2010 distribution pricing determination; or Authorised by the Chief Parliamentary Counsel 2 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 1—Preliminary (ii) a determination applying to charges for connection to, and the use of, distribution systems in Victoria— as amended from time to time. (2) Words and expressions used in the National Electricity (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law. (3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

4 Crown to be bound This Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations bind the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5 Extra-territorial operation It is the intention of the Parliament that the operation of this Act, the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations should, so far as possible, include operation in relation to the following— (a) land situated outside Victoria, whether in or outside Australia; (b) things situated outside Victoria, whether in or outside Australia; (c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia; Authorised by the Chief Parliamentary Counsel 3 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 1—Preliminary (d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country. Authorised by the Chief Parliamentary Counsel 4 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations

6 Application in Victoria of the National Electricity Law The National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia, as in force for the time being— (a) applies as a law of Victoria; and (b) as so applying may be referred to as the National Electricity (Victoria) Law.

7 Application of Regulations under National Electricity Law The Regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia— (a) apply as Regulations in force for the purposes of the National Electricity (Victoria) Law; and (b) as so applying may be referred to as the National Electricity (Victoria) Regulations.

8 Interpretation of some expressions in the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations (1) In the National Electricity (Victoria) Law and the National Electricity (Victoria) Regulations— Legislature of this jurisdiction means the Parliament of Victoria; the jurisdiction or this jurisdiction means the State of Victoria; Authorised by the Chief Parliamentary Counsel 5 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations the National Electricity Law or this Law means the National Electricity (Victoria) Law. (2) The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to— (a) the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia in its application as a law of Victoria; or (b) the regulations in force for the time being under Part 4 of the National Electricity (South Australia) Act 1996 of South Australia in their application as Regulations in force for the purposes of the National Electricity (Victoria) Law.

9 Proceedings in respect of breaches of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations and National Electricity Rules Except as otherwise provided in section 59(1) of the National Electricity (Victoria) Law, proceedings may not be instituted in a relevant court in respect of a breach of a provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules that is not an offence provision by any person (other than the AER).

10 National Electricity (Victoria) Law and National Electricity Rules may be relevant legislation (1) The Governor in Council, by Order published in the Government Gazette, may declare the provisions of the National Electricity (Victoria) Law or of the National Electricity Rules, or specified provisions of that Law or those Rules, to be relevant legislation for the purposes of section 10 of the Essential Services Commission Act 2001. Authorised by the Chief Parliamentary Counsel 6 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations (2) On the commencement of an Order under subsection (1) the provisions declared in the Order are, despite anything to the contrary in the Essential Services Commission Act 2001, to be taken to be relevant legislation for the purposes of section 10 of that Act. Note By operation of section 7A(b) of the Electricity Industry Act 2000 the electricity industry is a regulated industry for the purposes of the Essential Services Commission Act 2001.

11 Personal Property Securities S. 11 amended by For the purposes of section 8(1)(k) of the No. 66/2007 s. 6, Personal Property Securities Act 2009 of the repealed by Commonwealth, registration under the National No. 23/2009 s. 3, new s. 11 Electricity (Victoria) Law is declared not to be inserted by personal property. No. 74/2010 s. 29.

11A Extension of AER functions and powers S. 11A inserted by No. 24/2016 Without limiting section 6, the following s. 3. provisions of the National Electricity (Victoria) Law apply as laws of Victoria as if a reference in any such provision to the Law included a reference to regulations made under this Act— (a) Parts 3 and 6 and Schedule 2; (b) any other provision of the National Electricity (Victoria) Law, the National Electricity (Victoria) Regulations or the National Electricity Rules prescribed by the regulations for the purposes of this section.

11B Prescription of provisions of the regulations as civil S. 11B inserted by penalty provisions No. 24/2016 s. 3. (1) The regulations may prescribe a provision of the regulations as a civil penalty provision. Authorised by the Chief Parliamentary Counsel 7 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations (2) A reference in the National Electricity (Victoria) Law or the National Electricity (Victoria) Regulations to a civil penalty provision is taken to include a reference to a provision prescribed under subsection (1). (3) Subsection (2) applies despite anything to the contrary in the National Electricity (Victoria) Law.

12 Supreme Court—limitation of jurisdiction It is the intention of section 9 to alter or vary section 85 of the Constitution Act 1975. S. 12A 12A Regulations inserted by No. 24/2016 s. 4. (1) The Governor in Council may make regulations for or with respect to any matter required or permitted by this Act to be prescribed or necessary or convenient to be prescribed to give effect to this Act. (2) Without limiting subsection (1), regulations may be made under that subsection for or with respect to— (a) the undergrounding, relocation, modification, replacement or removal of distribution systems, including— (i) proposals for the undergrounding, relocation, modification, replacement or removal of distribution systems; and (ii) requiring a distribution company which receives a proposal for the undergrounding, relocation, modification, replacement or removal of a distribution system to make an offer to underground, relocate, modify, replace or remove a distribution system; Authorised by the Chief Parliamentary Counsel 8 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations (b) the content of proposals referred to in paragraph (a)(i) or offers referred to in paragraph (a)(ii), including the price of, or an estimate of costs to be incurred for, the undergrounding, relocation, modification, replacement or removal of a distribution system; (c) the determination, calculation, allocation or breakdown of a price or costs referred to in paragraph (b) or allocation or apportionment of costs referred to in that paragraph; (d) requiring a distribution company to call for tenders for the performance of— (i) works to augment or extend a distribution system for the purpose of connecting generating units or customer premises to the system and associated works; (ii) works arising out of an offer to underground, relocate, modify, replace or remove a distribution system and associated works; (e) the development or adoption of tender policies, or compliance with tender policies, by a distribution company, for the performance of works referred to in paragraph (d); (f) the content of tender policies referred to in paragraph (e) including— (i) the price, or the estimated costs, of the works; and (ii) procedures for dealing with and resolving disputes that may arise in relation to the performance of the works; Authorised by the Chief Parliamentary Counsel 9 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations (g) the public availability of tender policies referred to in paragraph (e). (3) Regulations made under this section may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstance; (c) apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person or body whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published or amended from time to time; (d) confer a function, power or discretionary authority or impose a duty on the Minister or the AER; (e) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or the AER; (f) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations— (i) whether unconditionally or on specified conditions; or (ii) either wholly or to such an extent as is specified. Authorised by the Chief Parliamentary Counsel 10 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 2—National Electricity (Victoria) Law and National Electricity (Victoria) Regulations (4) Regulations made for or in relation to the content of proposals for the undergrounding, relocation, modification, replacement or removal of distribution systems, or the content of tenders for the performance of works referred to in subsection (2)(d), have effect according to their tenor despite anything to the contrary in any agreement or contract. (5) In this section— costs includes avoided costs; distribution company has the same meaning as in the Electricity Industry Act 2000. Authorised by the Chief Parliamentary Counsel 11 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law Pt 3 (Heading and ss 13–16) Part 3—Modification of application of repealed by No. 28/2007 the National Electricity Law s. 3(Sch. item 44), new Pt 3 (Heading and ss 13–16) inserted by No. 66/2007 s. 4. Pt 3 Div. 1 (Heading) Division 1—Interpretation inserted by No. 55/2010 s. 39. New s. 13 13 Definitions inserted by No. 66/2007 s. 4. In this Part— S. 13 def. of Country Fire Authority means the Country Fire Country Fire Authority Authority appointed under the Country Fire inserted by Authority Act 1958; No. 55/2010 s. 40. S. 13 def. of Distribution Network Service Provider has the Distribution Network same meaning as in the National Electricity Service Rules; Provider inserted by No. 55/2010 s. 40. S. 13 def. of Energy Safe Victoria means Energy Safe Victoria Energy Safe Victoria established under the Energy Safe Victoria inserted by Act 2005; No. 55/2010 s. 40. S. 13 def. of f-factor amount determination means a f-factor amount determination made by the AER in determination accordance with an Order under inserted by No. 55/2010 section 16C(1)(b); s. 40. Authorised by the Chief Parliamentary Counsel 12 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law f-factor scheme determination means a S. 13 def. of determination made by the AER in f-factor scheme accordance with an Order under determination section 16C(1)(a); inserted by No. 55/2010 s. 40. first distribution determination period means the S. 13 def. of first period— distribution determination (a) commencing on the day after the day period inserted by that is the Victorian distribution pricing No. 55/2010 determination end date; and s. 40. (b) ending on— (i) 31 December 2015; or (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; Metropolitan Fire and Emergency Services S. 13 def. of Metropolitan Board means the Metropolitan Fire and Fire and Emergency Services Board established under Emergency Services the Metropolitan Fire Brigades Act 1958; Board inserted by No. 55/2010 s. 40. NEL means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia as in force for the time being; relevant entity means— S. 13 def. of relevant entity inserted by (a) the Secretary to the Department of No. 55/2010 Environment and Primary Industries; or s. 40, amended by (b) Energy Safe Victoria; or No. 70/2013 s. 4(Sch. 2 (c) the Country Fire Authority; or item 33). Authorised by the Chief Parliamentary Counsel 13 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (d) the Metropolitan Fire and Emergency Services Board; S. 13 def. of service target performance incentive scheme has service target performance the same meaning as in the National incentive Electricity Rules; scheme inserted by No. 55/2010 s. 40. Victorian distribution pricing determination end date means— (a) 31 December 2010; or (b) if a Victorian distribution pricing determination provides that it will cease to have effect on a later date—that date. Pt 3 Div. 2 (Heading) Division 2—General modifications inserted by No. 55/2010 s. 41. New s. 14 14 NEL provisions providing for access to distribution inserted by No. 66/2007 services do not apply during specified period s. 4. (1) Despite section 6, during the specified period— (a) section 2A, Division 3B of Part 6, Part 10 and section 157 of the NEL (as each of those provisions apply to access to services provided by means of a distribution system, or connection to a distribution system) do not apply as a law of Victoria; and (b) a Rule made for the purposes of any provision referred to in paragraph (a) does not have the force of law in Victoria. Authorised by the Chief Parliamentary Counsel 14 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (2) In this section— specified period means the period— (a) commencing on the day section 46 of the National Electricity (South Australia) (National Electricity Law—Miscellaneous Amendments) Amendment Act 2007 of South Australia commences operation; and (b) ending on the Victorian distribution pricing determination end date.

15 Modification of application of National Electricity New s. 15 inserted by Law and National Electricity Rules by Order No. 66/2007 s. 4. (1) The Minister, by Order published in the Government Gazette, may declare that, despite section 6— (a) a provision of the NEL that relates to the economic regulation of the provision of distribution services— (i) does not apply as a law of Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date); (ii) ceases to apply as a law of Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date); (iii) applies as a law of Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date); Authorised by the Chief Parliamentary Counsel 15 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (b) a provision of the National Electricity Rules that relates to the economic regulation of the provision of distribution services— (i) does not have the force of law in Victoria until a date specified in the Order (being a date that is not after the Victorian distribution pricing determination end date); (ii) ceases to have the force of law in Victoria for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date); (iii) has the force of law in Victoria with any modifications that are specified in the Order for the period specified in the Order (not being a period that ends after the Victorian distribution pricing determination end date). (2) Despite section 6— (a) the NEL applies as a law of Victoria subject to any Order under subsection (1) that is in force; (b) the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force. New s. 16 16 Role of National Electricity Law and Rules in inserted by No. 66/2007 relation to distribution determinations and s. 4. Victorian distribution pricing determinations (1) To avoid doubt, nothing in this Part is to be taken as preventing the making of a distribution determination under— (a) the NEL as it applies as a law of Victoria under this Act; and Authorised by the Chief Parliamentary Counsel 16 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (b) the National Electricity Rules as they have the force of law in Victoria under this Act— that takes effect after the Victorian distribution pricing determination end date. (2) To avoid doubt, nothing in this Part is to be taken as preventing the AER (before, on or after the Victorian distribution pricing determination end date) performing a function or duty, or exercising a power, for the purposes of making a distribution determination under— (a) the NEL as it applies as a law of Victoria under this Act; and (b) the National Electricity Rules as they have the force of law in Victoria under this Act— that takes effect after the Victorian distribution pricing determination end date. (3) Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the provisions of that Law and those Rules that relate to the economic regulation of the provision of distribution services do not apply to a Victorian distribution pricing determination. (4) To avoid doubt— (a) the AER cannot perform any function or duty, or exercise any power, under a provision of the National Electricity (Victoria) Law or the National Electricity Rules that relates to the economic regulation of the provision of distribution services under a Victorian distribution pricing determination; and (b) a Victorian distribution pricing determination is not a distribution determination for the purposes of the Authorised by the Chief Parliamentary Counsel 17 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law National Electricity (Victoria) Law or the National Electricity Rules. (5) In this section— distribution services has the same meaning as in Chapter 10 of the National Electricity Rules. Pt 3 Div. 2A (Heading) Division 2A—Feed-in tariff modifications inserted by No. 11/2013 s. 11. S. 16A 16A Solar feed-in credit obligation is a regulatory inserted by No. 41/2009 obligation or requirement s. 15. (1) During the relevant solar feed-in tariff period for a regulated distribution system operator that is a distribution company— (a) Division 5A of Part 2 of the Electricity Industry Act 2000 is deemed to be an Act of this jurisdiction that relates to the protection of the environment referred to in section 2D(1)(b)(iv) of the National Electricity (Victoria) Law; and (b) the solar feed-in credit obligation is deemed to be an obligation under the Electricity Industry Act 2000. (2) In this section— distribution company has the same meaning as the Electricity Industry Act 2000; S. 16A(2) distributor obligation period has the same def. of distribution meaning as in section 40F(1) of the obligation Electricity Industry Act 2000; period amended as distributor obligation period by No. 64/2011 s. 23(a). Authorised by the Chief Parliamentary Counsel 18 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law distributor TFiT obligation period has the same S. 16A(2) meaning as in section 40F(1) of the def. of distributor Electricity Industry Act 2000; TFiT obligation period inserted by No. 64/2011 s. 23(d). relevant solar feed-in tariff period, for a S. 16A(2) def. of regulated distribution system operator that is relevant solar a distribution company, means the period— feed-in tariff period amended by (a) commencing on the day after the No. 64/2011 Victorian distribution pricing s. 23(b). determination end date; and (b) ending on— (i) in the case of the solar feed-in credit obligation, the day the distributor obligation period that applies to that operator ends; (ii) in the case of the TFiT feed-in credit obligation, the day the TFiT distributor obligation period that applies to that operator ends; solar feed-in credit obligation means an S. 16A(2) def. of obligation on a regulated distribution system solar feed-in operator that is a distribution company credit obligation arising because of section 40FH(2) of the amended by Electricity Industry Act 2000; No. 64/2011 s. 23(c). TFiT feed-in credit obligation means an S. 16A(2) def. of obligation on a regulated distribution system TFiT feed-in operator that is a distribution company credit obligation arising because of section 40FH(2A) of the inserted by Electricity Industry Act 2000. No. 64/2011 s. 23(d). Authorised by the Chief Parliamentary Counsel 19 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law S. 16AB 16AB Modification of National Electricity Rules for the inserted by purpose of transitional feed-in tariff scheme No. 64/2011 s. 24. Despite section 6, the National Electricity Rules have the force of law in Victoria as if after rule 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) Division 2B—Metering inserted by No. 11/2013 s. 12. S. 16B 16B Disapplication of national smart meter rollout inserted by No. 55/2010 provisions s. 38. 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 Victoria. S. 16BA 16BA Modification of National Electricity Rules to be inserted by No. 11/2013 consistent with advanced metering infrastructure s. 13. Orders (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; Authorised by the Chief Parliamentary Counsel 20 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (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 matter necessary or consequential on the making of an Order under Division 6A of Part 2 of the Electricity Industry Act 2000. (3) Despite section 6, the National Electricity Rules have the force of law in Victoria subject to any Order under subsection (1) that is in force. Pt 3 Div. 3 Division 3—The f-factor scheme (Heading and ss 16C–16G) inserted by No. 55/2010 s. 42.

16C Order in Council for establishment of f-factor S. 16C inserted by scheme No. 55/2010 s. 42. (1) The Governor in Council, by Order published in the Government Gazette, for the purpose of reducing the risk of fire starts and reducing the risk of loss or damage caused by fire starts, may confer functions and powers, or impose duties, on the AER to make— (a) a determination for the purpose of providing incentives for Distribution Network Service Providers to reduce the risk of fire starts and reduce the risk of loss or damage caused by fire starts; (b) a determination for each year of the first distribution determination period specifying an amount that is to be treated as a positive pass through amount or a negative pass through amount for the purposes of Chapter 6 of the National Electricity Rules. Authorised by the Chief Parliamentary Counsel 21 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (2) Without limiting subsection (1), an Order under that subsection may— (a) specify how the AER is to make, publish, implement and administer an f-factor scheme determination and an f-factor amount determination; (b) specify the kinds of fire starts to be covered by an f-factor scheme determination or require the AER to determine the kinds of fire starts to be covered by an f-factor scheme determination; (c) require the AER, before making an f-factor scheme determination, to consult with one or more of the following— (i) the Minister; (ii) a Distribution Network Service Provider; (iii) a relevant entity; (iv) any other person whose interests are affected and who is specified as a person with whom the AER must consult; (d) require the AER, when consulting with persons referred to in paragraph (c), to comply with specified consultation procedures; (e) require the AER to include benchmarks or targets for Distribution Network Service Providers as part of an f-factor scheme determination; (f) require the AER to assess the performance of Distribution Network Service Providers in relation to any benchmarks or targets included as part of an f-factor scheme Authorised by the Chief Parliamentary Counsel 22 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law determination and for the purpose of making an f-factor amount determination; (g) specify any benchmarks, targets, incentives, rewards or penalties for inclusion in an f-factor scheme determination that will apply to Distribution Network Service Providers and for the purpose of making f-factor amount determinations; (h) require the AER, in making an f-factor scheme determination, to have regard to specified criteria, including— (i) the need to ensure that the benefits to consumers likely to result from the making of an f-factor scheme determination are sufficient to warrant the determination's benchmarks, targets, incentives, rewards or penalties for Distribution Network Service Providers; (ii) any regulatory obligation or requirement to which Distribution Network Service Providers are subject; (iii) a distribution system's history of fire starts; (iv) the willingness of end users to pay for enhanced fire safety; (v) criteria for determining benchmarks, targets, incentives, rewards or penalties that will apply to Distribution Network Service Providers and for the purpose of making an f-factor amount determination; (vi) any interaction between the Order and a service target performance incentive scheme; Authorised by the Chief Parliamentary Counsel 23 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (vii) any interaction between the Order and any other incentive scheme, including an incentive scheme in relation to services provided by means of a distribution system (other than a service target performance incentive scheme that applies to a Distribution Network Service Provider); (i) specify, for a Distribution Network Service Provider, the interaction between an f-factor scheme determination and a service target performance incentive scheme that apply to that Distribution Network Service Provider. (3) An Order under subsection (1) may be made so as to apply, adopt or incorporate wholly or partially or as amended by the Order, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (a) as formulated, issued, prescribed or published at the time the Order is made or at any time before the Order is made; or (b) as amended from time to time. (4) An Order under subsection (1) may— (a) leave any matter to be decided by the AER; and (b) without limiting paragraph (a), direct the AER to make amendments to any instrument made by the AER to give effect to any matter specified in an Order made under this section. (5) The provisions of an Order under subsection (1) may— (a) be of general or limited application; Authorised by the Chief Parliamentary Counsel 24 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (b) differ according to differences in time, place and circumstances. (6) An Order under subsection (1) has effect as from the day specified in the Order and until the day specified in the Order. (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.

16D Functions and powers conferred and duties imposed S. 16D inserted by on AER No. 55/2010 s. 42. 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 Note to s. 16D amended by See sections 44AH and 44AI of the Competition and Consumer No. 21/2012 Act 2010 of the Commonwealth. s. 239(Sch. 6 item 29.1).

16E Application of NEL provisions after the Victorian S. 16E inserted by distribution pricing determination end date No. 55/2010 s. 42. (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; Authorised by the Chief Parliamentary Counsel 25 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (c) section 14B of the NEL is to be read as if after "that operator" there were inserted "and an f-factor scheme determination and an f-factor amount determination that applies to that operator"; (d) sections 28F(1), 28ZC and 28ZD of the NEL are to be read as if after every reference in those sections to "or the Rules" there were inserted "or an Order under section 16C under the National Electricity (Victoria) Act 2005"; (e) Division 6 of Part 3 of the NEL is to be read as if after every reference in that Division to "or the Rules" there were inserted "or an Order under section 16C under the National Electricity (Victoria) Act 2005"; (f) section 28F(3)(d) of the NEL is to be read as if after "performance report" there were inserted ", other than a service provider performance report relating to a Distribution Network Service Provider's compliance with an f-factor scheme determination or f-factor amount determination"; (g) section 28V(2)(a) of the NEL is to be read as if after subparagraph (iii) there were inserted— "(iv) complying with an f-factor scheme determination and an f-factor amount determination; and". (2) Despite section 6, on and after the date the first Order made under section 16C comes into effect, the National Electricity Rules have the force of law in Victoria as if— Authorised by the Chief Parliamentary Counsel 26 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (a) after rule 6.13 of the Rules there were inserted— "6.13A Variations to distribution determinations for purpose of f-factor scheme determinations (a) Despite anything to the contrary in these Rules and subject to this rule, the AER may, as a consequence of the making of an f-factor scheme determination (within the meaning of section 13 of the National Electricity (Victoria) Act 2005), vary a distribution determination during the course of the regulatory control period. (b) The AER must not vary a distribution determination under this rule unless the AER has complied with any consultation procedures specified in an Order under section 16C of the National Electricity (Victoria) Act 2005. (c) Once the AER has made a decision under this rule varying a distribution determination, the AER cannot make another decision under this rule to vary that distribution determination. (d) Despite anything to the contrary in these Rules, the AER, in varying a distribution determination under this rule, is not required to follow any process specified in the Rules in relation to the making of a distribution determination. Authorised by the Chief Parliamentary Counsel 27 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (e) To avoid doubt— (1) a decision of the AER to vary a distribution determination under this rule is taken not to be a reviewable regulatory decision (within the meaning of section 71A of the National Electricity Law); and (2) a distribution determination (as varied by the AER under this rule) is not by reason only of that variation taken to be a reviewable regulatory decision (within the meaning of section 71A of the National Electricity Law)."; and (b) after paragraph (d) of the definition of pass through event in Chapter 10 of the Rules there were inserted— "(e) an f-factor amount determination (within the meaning of section 13 of the National Electricity (Victoria) Act 2005).". S. 16F 16F Interrelationship between f-factor determinations inserted by No. 55/2010 and distribution determinations s. 42. The making of an f-factor scheme determination or an f-factor amount determination is not to be taken as affecting the process already commenced by the AER for the making of a distribution determination that is to apply during the first distribution determination period. Authorised by the Chief Parliamentary Counsel 28 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law

16G Power of AER to request information relating to S. 16G f-factor determinations inserted by No. 55/2010 (1) If the AER considers it necessary for the purposes s. 42. of making an f-factor scheme determination or an f-factor amount determination, the AER may request a relevant entity to provide information relating to fire starts to the AER. (2) Before making a request under subsection (1), the AER must consult with the relevant entity about its intention to make that request. (3) A request under subsection (1) must— (a) be in writing; and (b) specify the period of time within which the information requested is to be provided. (4) The period of time referred to in subsection (3)(b) must be reasonable. (5) A request under subsection (1) may request information in relation to one or more of the following— (a) the number of fire starts caused by, or believed to be caused by, electric lines or electrical installations during a specified period; (b) the date, time and location of each of those fire starts; (c) if known and determinable, the cause of each of those fire starts; (d) the nature and extent of any loss or damage caused by each of those fire starts. (6) A relevant entity must comply with a request under subsection (1) to the extent that it is reasonably practicable for the entity to do so. Authorised by the Chief Parliamentary Counsel 29 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (7) For the purposes of subsection (6), it is reasonably practicable for a relevant entity not to comply with a request under subsection (1) if the entity is of the view that compliance with the request would impose an unreasonable administrative or financial burden on the entity. Pt 3 Div. 4 (Heading and Division 4—Application of pre-2011 ss 16H–16P) inserted by service adjustment scheme and efficiency No. 51/2012 carryover mechanism s. 10. S. 16H 16H Definitions inserted by No. 51/2012 s. 10. (1) In this Division— applicable regulatory control period means the period commencing 1 January 2011 and ending on 31 December 2015; applicable Victorian distribution determination means— (a) in the case of the Victorian DNSP that is Citipower Pty Ltd (ABN 76 064 651 056)—Citipower distribution determination 2011-15; (b) in the case of the Victorian DNSP that is Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083)— Jemena distribution determination 2011-15; (c) in the case of the Victorian DNSP that is Powercor Australia Limited (ABN 89 064 651 109)—Powercor distribution determination 2011-15; Authorised by the Chief Parliamentary Counsel 30 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (d) in the case of the Victorian DNSP that is SPI Electricity Pty Limited (ABN 91 164 651 118)— SPI Electricity distribution determination 2011-15; (e) in the case of the Victorian DNSP that is United Energy Distribution Pty Ltd (ABN 70 064 651 029)—United Energy distribution determination 2011-15; Citipower distribution determination 2011-15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Citipower Pty Ltd (ABN 76 064 651 056), as varied or remade from time to time; efficiency carryover mechanism, in relation to a Victorian DNSP, means the scheme of that name given effect under the Victorian distribution pricing determination that is applicable to the Victorian DNSP; Jemena distribution determination 2011-15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083), as varied or remade from time to time; modified Rules means the National Electricity Rules as they have the force of law in this jurisdiction subject to this Division; Authorised by the Chief Parliamentary Counsel 31 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law Powercor distribution determination 2011-15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by Powercor Australia Limited (ABN 89 064 651 109), as varied or remade from time to time; service adjustment, in relation to a Victorian DNSP, means the adjustment to the distribution price control applicable to that Victorian DNSP determined in accordance with section 2.3.9 of Volume II of the Victorian distribution pricing determination; SPI Electricity distribution determination 2011-15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by SPI Electricity Pty Limited (ABN 91 164 651 118), as varied or remade from time to time; United Energy distribution determination 2011-15 means the distribution determination made by the AER in October 2010 under Rule 6.11.1 of the National Electricity Rules that applies to electricity network services provided by United Energy Distribution Pty Ltd (ABN 70 064 651 029), as varied or remade from time to time; Victorian DNSP means— (a) Citipower Pty Ltd (ABN 76 064 651 056); (b) Jemena Electricity Networks (Vic) Ltd (ABN 82 064 651 083); Authorised by the Chief Parliamentary Counsel 32 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (c) Powercor Australia Limited (ABN 89 064 651 109); (d) SPI Electricity Pty Limited (ABN 91 164 651 118); (e) United Energy Distribution Pty Ltd (ABN 70 064 651 029). (2) Words and expressions used in this Division that are defined in Chapter 10 of the National Electricity Rules— (a) have, subject to paragraph (b), the same meaning in this Division as they have under the Rules; and (b) are to be read subject to any modifications made to those words or expressions by this Division. (3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.

16I Application S. 16I inserted by No. 51/2012 (1) The National Electricity (Victoria) Law applies as s. 10. a law of this jurisdiction subject to this Division. (2) The National Electricity Rules have the force of law in this jurisdiction subject to this Division.

16J Efficiency carryover mechanism is an efficiency S. 16J inserted by benefit sharing scheme No. 51/2012 s. 10. Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the definition of efficiency benefit sharing scheme in Chapter 10 of the Rules is to be read as if after "clause 6.5.8" there were inserted ", and in the case of a Distribution Network Service Provider that is a Victorian DNSP, the efficiency carryover mechanism that applied to that Victorian DNSP". Authorised by the Chief Parliamentary Counsel 33 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law S. 16K 16K Modification of definition of regulatory control inserted by period for purposes of this Division No. 51/2012 s. 10. Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules— (a) the reference to a control mechanism in paragraph (b) of the definition of regulatory control period in Chapter 10 of the Rules, as it applies to a Victorian DNSP, is taken to include the efficiency carryover mechanism and service adjustment applicable to that Victorian DNSP; (b) paragraph (b) of the definition of regulatory control period in Chapter 10 of the Rules is to be read as if after "determination" there were inserted ", and in the case of a Distribution Network Service Provider that is a Victorian DNSP, the Victorian distribution pricing determination". S. 16L 16L Service adjustment is a service target performance inserted by No. 51/2012 incentive scheme s. 10. Despite anything to the contrary in the National Electricity (Victoria) Law or the National Electricity Rules, the definition of service target performance incentive scheme in Chapter 10 of the Rules is to be read as if after "clause 6.6.2" there were inserted ", and in the case of a Distribution Network Service Provider that is a Victorian DNSP, the service adjustment that applied to that Victorian DNSP". S. 16M 16M Distribution pricing proposals inserted by No. 51/2012 s. 10. (1) This section applies to a Victorian DNSP that submits a pricing proposal under rule 6.18.2(a)(2) of the National Electricity Rules for the third and each subsequent regulatory year of the applicable regulatory control period. Authorised by the Chief Parliamentary Counsel 34 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (2) Despite anything to the contrary in the National Electricity Rules, rule 6.18.2 of the Rules applies to the Victorian DNSP as if a reference to any applicable distribution determination in that rule were a reference to the applicable Victorian distribution determination as modified by operation of subsection (3). (3) For the purposes of subsection (2), an applicable Victorian distribution determination is taken to include— (a) in the case of the applicable Victorian distribution determination that is the Citipower distribution determination 2011-15—Tables 19 and 20 set out in Part A of Schedule 1 instead of Tables 19 and 20 of that determination; (b) in the case of the applicable Victorian distribution determination that is the Jemena distribution determination 2011-15— Tables 19 and 20 set out in Part B of Schedule 1 instead of Tables 19 and 20 of that determination; (c) in the case of the applicable Victorian distribution determination that is the Powercor distribution determination 2011-15—Tables 19 and 20 set out in Part C of Schedule 1 instead of Tables 19 and 20 of that determination; (d) in the case of the applicable Victorian distribution determination that is the SPI Electricity distribution determination 2011-15—Tables 19 and 20 set out in Part D of Schedule 1 instead of Tables 19 and 20 of that determination; Authorised by the Chief Parliamentary Counsel 35 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (e) in the case of the applicable Victorian distribution determination that is the United Energy distribution determination 2011-15—Tables 18 and 19 set out in Part E of Schedule 1 instead of Tables 18 and 19 of that determination. (4) To avoid doubt— (a) the reference to the applicable Victorian distribution determination in subsections (2) and (3) is not to be read as— (i) including any variations made to that determination that are inconsistent with the modified Rules or this Division; or (ii) if that determination is remade, including any part of that remade determination that is inconsistent with the modified Rules or this Division; and (b) the matters that the Victorian DNSP must set out in the pricing proposal in accordance with rule 6.18.2(b)(1) to (6) and rule 6.18.2(b)(6A) and (6B) must be consistent with subsections (2) and (3). S. 16N 16N Approval of distribution pricing proposals inserted by No. 51/2012 s. 10. (1) This section applies if a Victorian DNSP submits a pricing proposal to the AER for approval under rule 6.18.8 of the National Electricity Rules that is a pricing proposal to which section 16M applies. (2) Despite anything to the contrary in the National Electricity Rules, rule 6.18.8 of the Rules is taken to apply to the AER as if a reference to any applicable distribution determination in that rule were a reference to the applicable Victorian distribution determination modified to include the building block amounts set out in the Tables in the Part of Schedule 1 applicable to that determination (the modified distribution determination). Authorised by the Chief Parliamentary Counsel 36 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (3) In addition, despite anything to the contrary in the National Electricity Rules, the AER must refuse to approve the pricing proposal or a part of the pricing proposal if the proposal or part does not comply with the modified distribution determination. (4) To avoid doubt— (a) the reference to the applicable Victorian distribution determination in subsection (2), or the modified distribution determination in subsection (3), is not to be read as— (i) including any variations made to that determination that are inconsistent with the modified Rules or this Division; or (ii) if that determination is remade, including any part of that remade determination that is inconsistent with the modified Rules or this Division; and (b) subsection (3) is not to be read as preventing the AER from approving any other part of the pricing proposal that is consistent with the modified distribution determination.

16O AER compliance with Tribunal decisions S. 16O inserted by inconsistent with this Division No. 51/2012 s. 10. (1) The AER is not required to comply with those parts of— (a) the decision of the Australian Competition Tribunal in the proceedings known as Application by United Energy Distribution Pty Limited [2012] ACompT 1 (file numbers ACT 6 of 2010, ACT 7 of 2010, ACT 8 of 2010, ACT 9 of 2010, ACT 10 of 2010); or Authorised by the Chief Parliamentary Counsel 37 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (b) any other decision of the Australian Competition Tribunal that relates to 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 16P Victorian DNSPs are not required to comply with inserted by No. 51/2012 AER decisions or determinations that are s. 10. 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 (c) the Electricity Industry Act 2000; or (d) a licence under the Electricity Industry Act 2000 held by a Victorian DNSP. Authorised by the Chief Parliamentary Counsel 38 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law Division 5—Distribution network connections and Pt 3 Div. 5 (Heading and retail customer connection arrangements ss 16Q–16T) inserted by No. 24/2016 s. 5.

16Q Application of certain provisions of the National S. 16Q (Heading) Electricity (South Australia) Act 1996—distribution amended by network connections etc. No. 1/2017 s. 16. Despite section 6— S. 16Q inserted by (a) section 34(1)(a)(iv) and (aa) and (3)(fa) of No. 24/2016 s. 5. the NEL applies as a law of Victoria as if it were included in the National Electricity (Victoria) Law; and (b) section 34(3)(h)(i) of the National Electricity (Victoria) Law applies as if for "or (f)" there were substituted ", (f) or (fa)"; and (c) Schedule 1 to the National Electricity (Victoria) Law applies as if after item 26K there were inserted— "Sale and supply of electricity to retail customers

26M Charges for the provision of connection services.". Note Until the commencement of this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section is to apply some of those amendments as laws of Victoria.

16R Amendment of the National Electricity Rules S. 16R inserted by No. 24/2016 (1) The National Electricity Rules as in force as a law s. 5. of Victoria are amended as set out in Schedule 2. (2) To avoid doubt, the amendments made by Schedule 2 (other than punctuation included in those amendments) form part of the National Authorised by the Chief Parliamentary Counsel 39 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law Electricity Rules and may be amended in accordance with the National Electricity (Victoria) Law. Note The National Electricity Rules have the force of law in this jurisdiction: see section 9 of the National Electricity (Victoria) Law. Until the commencement of this section, amendments made to the National Electricity Rules by the National Electricity (National Energy Retail Law) Amendment Rule 2012 did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of this section and Schedule 2 is that some of those amendments have the force of law in Victoria. S. 16S 16S Further modification of the amended National inserted by No. 24/2016 Electricity Rules s. 5. Despite section 6, the National Electricity Rules have the force of law in Victoria as if— (a) in clause 5A.A.1 the definition of customer connection contract were revoked; and (b) clause 5A.C.1(c) and (d) were revoked; and (c) the note to clause 5A.E.4(c) were revoked; and (d) clause 5A.F.5(b)(2) were revoked; and (e) for the definition of energy laws in Chapter 10 there were substituted— "energy laws Includes: (a) legislation of Victoria that regulates electricity in Victoria, or any instrument made or issued under or for the purposes of that legislation; (b) national electricity legislation within the meaning of the National Electricity (Victoria) Law; Authorised by the Chief Parliamentary Counsel 40 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law (c) the Rules; (d) any instrument made or issued under or for the purposes of the Rules."; and (f) for the definition of energy ombudsman in Chapter 10 there were substituted— "energy ombudsman Is a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 28 of the Electricity Industry Act 2000 (VIC).".

16T Transitional provisions for retail customer S. 16T inserted by connection arrangements No. 24/2016 s. 5. Schedule 3 has effect. Pt 3 Div. 6 Division 6—Wholesale electricity markets and (Heading and network service providers ss 16U, 16V) inserted by No. 1/2017 s. 17.

16U Application of certain provisions of the National S. 16U inserted by Electricity (South Australia) Act 1996—wholesale No. 1/2017 electricity markets and network service providers s. 17. Despite section 6, the modifications to the NEL set out in Schedule 4 have effect. Note Until the commencement of section 16Q and this section, amendments made to the NEL by the Statutes Amendment (National Energy Retail Law) Act 2011 of South Australia did not apply as laws of Victoria: see clause 24 of Schedule 3 to the NEL. The effect of section 16Q and this section is to apply some of those amendments as laws of Victoria. Authorised by the Chief Parliamentary Counsel 41 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 3—Modification of application of the National Electricity Law S. 16V 16V Regulations inserted by No. 1/2017 (1) The Governor in Council may make regulations s. 17. prescribing the amount of electricity for the purposes of the definition of small customer set out in item 34.1 of Schedule 4. (2) Regulations made under this section may— (a) be of general or limited application; (b) differ according to differences in time, place or circumstance. Authorised by the Chief Parliamentary Counsel 42 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements Part 4—Economic regulatory distribution Pt 4 (Heading and ss 17–29) functions transitional arrangements inserted by No. 66/2007 s. 5 (as amended by No. 59/2008 ss 43, 44).

17 Definitions S. 17 inserted by No. 66/2007 In this Part— s. 5. 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; ESC enforceable regulatory requirement means a S. 17 def. of ESC relevant regulatory law or instrument, or a enforceable provision of a relevant regulatory law or regulatory requirement instrument, specified under an Order under inserted by section 22A; No. 11/2013 s. 14. 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; Authorised by the Chief Parliamentary Counsel 43 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements 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 (ii) is exempted under an Order under section 17 of the Electricity Industry Act 2000 from the requirement to obtain a licence under that Act in respect of that activity; relevant regulatory duty has the meaning given by section 19; relevant regulatory function or power has the meaning given by section 20; relevant regulatory law or instrument means— (a) the Essential Services Commission Act 2001; or (b) the Electricity Industry Act 2000; or (c) any regulation made under the Essential Services Commission Act 2001 or the Electricity Industry Act 2000; or (d) the Tariff Order; or (e) an AMI Order; or (f) an Order made by the Governor in Council (other than the Tariff Order or an AMI Order) under the Electricity Industry Act 2000; or (g) the 2006–2010 distribution pricing determination; or Authorised by the Chief Parliamentary Counsel 44 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements (h) a distribution licence; or (i) a code or guideline made by the ESC; specified distribution licence condition means a condition of a distribution licence specified by Order under section 21; specified ESC code or guideline provision means a provision of a code or guideline published by the ESC specified by Order under section 22; transitional period commencement date means the date on which section 5 of the National Electricity (Victoria) Amendment Act 2007 comes into operation.

18 Meaning of distribution services S. 18 inserted by No. 66/2007 (1) Distribution services are services provided by s. 5. means of, or in connection with, a distribution system. (2) Without limiting subsection (1), distribution services include— (a) services provided relating to the connection to, and use of, a distribution system; and (b) services provided relating to augmentations to a distribution system; and (c) metering services; and (d) services to facilitate access to services provided by means of, or in connection with, a distribution system; and (e) the supply of electricity from a distribution system; and (f) services to facilitate the distribution of electricity; and (g) public lighting services. Authorised by the Chief Parliamentary Counsel 45 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements S. 19 19 Meaning of relevant regulatory duty inserted by No. 66/2007 A relevant regulatory duty is— s. 5. (a) a duty the ESC had, immediately before the transitional period commencement date, under a relevant regulatory law or instrument that relates to the economic regulation of the provision of distribution services by a relevant distributor other than a duty— (i) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence; or (ii) to make or amend a code or guideline that relates to the provision of distribution services; or (b) a duty the ESC has under— (i) a specified distribution licence condition; or (ii) a specified ESC code or guideline provision. S. 20 20 Meaning of relevant regulatory function or power inserted by No. 66/2007 s. 5. A relevant regulatory function or power is— (a) a function or power the ESC had, immediately before the transitional period commencement date, under a relevant regulatory law or instrument that relates to the economic regulation of the provision of distribution services by a relevant distributor other than a function or power— (i) to (or refuse to) grant, vary, revoke, or approve the transfer of, a distribution licence; or (ii) to make or amend a code or guideline that relates to the provision of distribution services; or Authorised by the Chief Parliamentary Counsel 46 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements (b) a function or power the ESC has under— (i) a specified distribution licence condition; or (ii) a specified ESC code or guideline provision.

21 Specified distribution licence conditions S. 21 inserted by No. 66/2007 The Minister, by Order published in the s. 5. Government Gazette, may specify a condition of a distribution licence that— (a) relates to the provision of distribution services and does not relate to the economic regulation of the provision of those services; and (b) confers a function or power, or imposes a duty, on the ESC— as a specified distribution licence condition if the Minister considers that the AER must be conferred that function or power, or be subject to that duty, for the purposes of this Part.

22 Specified ESC code or guideline provisions S. 22 inserted by No. 66/2007 The Minister, by Order published in the s. 5. Government Gazette, may specify a provision of a code or guideline published by the ESC that— (a) relates to the provision of distribution services and does not relate to the economic regulation of the provision of those services; and (b) confers a function or power, or imposes a duty, on the ESC— as a specified ESC code or guideline provision if the Minister considers that the AER must be conferred that function or power, or be subject to that duty, for the purposes of this Part. Authorised by the Chief Parliamentary Counsel 47 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements S. 22A 22A Specified regulatory law or instrument provisions inserted by are ESC enforceable regulatory requirements No. 11/2013 s. 15. The Minister, by Order published in the Government Gazette, may specify a relevant regulatory law or instrument, or a provision of a relevant regulatory law or instrument, as an ESC enforceable regulatory requirement. S. 23 23 Certain ESC regulatory functions, powers and inserted by No. 66/2007 duties conferred and imposed on the AER s. 5. (1) On and from the transitional period commencement date the AER is, by force of this subsection— (a) conferred a relevant regulatory function or power; and (b) subject to a relevant regulatory duty. (2) In addition, the AER has the functions and powers conferred, and is subject to the duties imposed, on it under this Part. S. 23(3) (3) For the purposes of this Part, on and from the amended by No. 11/2013 transitional period commencement date, every s. 16. reference to the Essential Services Commission (by whatever name described) in— (a) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by a relevant distributor); or (b) a specified distribution licence condition; or (c) a specified ESC code or guideline provision— is to be taken to be a reference to the AER or the Essential Services Commission, as the case requires. Authorised by the Chief Parliamentary Counsel 48 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements

24 ESC ceases to have certain distribution system S. 24 related regulatory functions, powers and duties inserted by No. 66/2007 (1) Despite anything to the contrary in any Act or s. 5, amended by instrument, on the transitional period No. 11/2013 commencement date the ESC, by force of this s. 17 (ILA s. 39B(1)). section, ceases to have any function or power, or to be subject to any duty, under— (a) a relevant regulatory law or instrument (as that law or instrument relates to the economic regulation of the provision of distribution services by a relevant distributor); or (b) a specified distribution licence condition; or (c) a specified ESC code or guideline provision. (2) On and after the commencement of section 17 of S. 24(2) inserted by the Energy Legislation Amendment (Flexible No. 11/2013 Pricing and Other Matters) Act 2013, the ESC s. 17. has every function or power under a specified law, instrument or provision necessary for it to perform a function or duty or exercise a power under the Essential Services Commission Act 2001. (3) Subsection (2) applies despite anything to the S. 24(3) inserted by contrary in subsection (1). No. 11/2013 s. 17. (4) In subsection (2), specified law, instrument or S. 24(4) inserted by provision means— No. 11/2013 s. 17. (a) a relevant regulatory law or instrument; or (b) a specified distribution licence condition; or (c) a specified ESC code or guideline provision. Authorised by the Chief Parliamentary Counsel 49 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements S. 25 25 Enforcement of Victorian distribution pricing inserted by determination and distribution licences by AER No. 66/2007 s. 5. (1) This section applies if a relevant distributor has contravened or is contravening or, in the opinion of the AER, is likely to contravene, as the case requires— (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— 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. Authorised by the Chief Parliamentary Counsel 50 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements (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 (b) a reference to the Commission were a reference to the AER.

26 ESC cannot enforce Victorian pricing determination S. 26 inserted by or certain distribution licence conditions No. 66/2007 s. 5, (1) On and from the transitional period amended by No. 11/2013 commencement date, the ESC cannot make or s. 18 (ILA serve a provisional order or a final order under s. 39B(1)). section 53 of the Essential Services Commission Act 2001 in respect of a contravention or likely contravention by a relevant distributor of, as the case requires— (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 a 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 a distributor. (2) Subsection (1) does not apply to a contravention S. 26(2) inserted by or likely contravention by a relevant distributor of No. 11/2013 a condition of the distribution licence held by that s. 18. Authorised by the Chief Parliamentary Counsel 51 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements distributor that requires compliance with an ESC enforceable regulatory requirement. S. 27 27 AER may request amendment of distribution inserted by No. 66/2007 licences and distribution service related code or s. 5. guideline (1) The AER may request the ESC to amend— (a) a distribution licence; or (b) a code or guideline published by the ESC that relates to the provision of distribution services. (2) On receiving a request under subsection (1), the ESC may, after consulting with the AER, amend the distribution licence, code or guideline (as the case may be). S. 27A 27A AER determinations under the AMI Order inserted by No. 66/2007 s. 5 (as (1) Without limiting this Part, on and from the amended by transitional period commencement date, the AER No. 59/2008 s. 43). must take action under the AMI Order as if it were the ESC, including the making of a determination under the AMI Order. (2) For the purposes of this section— (a) any Pricing Proposal (as defined in the AMI Order) made before the transitional period commencement date, and any information provided to the ESC by a distributor (as defined in the AMI Order) in connection with, or for the purposes of, a Pricing Proposal must be taken to be provided to the AER; and (b) any Application (as defined in the AMI Order) made before the transitional period commencement date, and any information provided to the ESC by a distributor in connection with or for the purposes of an Authorised by the Chief Parliamentary Counsel 52 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements Application must be taken to be made or provided to the AER; and (c) all actions taken, or things done, by the ESC before the transitional period commencement date in respect of a Pricing Proposal or an Application must be taken to be actions taken, or things done, by the AER; and (d) information provided to the ESC by a distributor before the transitional period commencement date in connection with, or for the purposes of, a Pricing Proposal or an Application may be used and relied on by it and the AER in connection with, or for the purposes of, any determination that the AER must make under the AMI Order (whether or not the determination is a determination with respect to the Pricing Proposal or Application). (3) Subsection (2)(c) does not limit the actions that the AER may take or the things that the AER may do for the purpose of making a determination under the AMI Order. (4) Subsection (2)(d) does not limit the information that— (a) the AER may request from a distributor in accordance with the AMI Order for the purpose of making a determination under the AMI Order; or (b) a distributor may be required to provide to the AER under the AMI Order for the purpose of enabling the AER to make a determination under the AMI Order. Authorised by the Chief Parliamentary Counsel 53 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements S. 28 28 Provision of information and assistance by ESC to inserted by the AER No. 66/2007 s. 5. (1) Despite any other Act or law, the ESC is authorised, on its own initiative or at the request of the AER— (a) to provide the AER with such information (including information given in confidence) in the possession or control of the ESC that is reasonably required by the AER for the purposes of this Part; and (b) to provide the AER with such other assistance as is reasonably required by the AER to perform a function or duty, or exercise a power, conferred or imposed under this Part. (2) Nothing done, or authorised to be done, by the ESC in acting under subsection (1)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or (e) 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 (f) releases a surety or any other obligee wholly or in part from an obligation. Authorised by the Chief Parliamentary Counsel 54 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements

28A Provision of information and assistance by AER to S. 28A the ESC inserted by No. 11/2013 (1) Despite any other Act or law (other than the s. 19. Charter of Human Rights and Responsibilities Act 2006), the AER is authorised, on its own initiative or at the request of the ESC— (a) to provide the ESC with relevant regulatory information that is reasonably required by the ESC for the purposes of performing a function or duty or exercising a power under the Essential Services Commission Act 2001 in relation to a contravention or likely contravention by a relevant distributor of a condition of the distribution licence held by that distributor constituted by a contravention or likely contravention of an ESC enforceable regulatory requirement; and (b) to provide the ESC with such other assistance as is reasonably required by the ESC to perform a function or duty, or exercise a power referred to in paragraph (a). (2) Nothing done, or authorised to be done, by the AER in acting under subsection (1)— (a) constitutes a breach of, or default under, an Act or other law; or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking; or (c) constitutes a breach of a duty of confidence (whether arising by contract, in equity or by custom) or in any other way; or (d) constitutes a civil or criminal wrong; or Authorised by the Chief Parliamentary Counsel 55 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements (e) 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 (f) releases a surety or any other obligee wholly or in part from an obligation. (3) In this section— relevant regulatory information means information (including information given in confidence) in the possession or control of the AER that the AER has obtained in performing a function or duty or exercising a power under this Part. S. 29 29 Appeals against certain decisions or actions of the inserted by No. 66/2007 AER s. 5 (as amended by (1) This section applies if the AER, in exercise or No. 59/2008 s. 44). performance, or purported exercise or performance, of a relevant regulatory function or power conferred on it under section 23, makes— (a) a requirement under section 37 of the Essential Services Commission Act 2001; or (b) a decision to disclose information or the contents of a document given to the AER by a person under a notice given by the AER under section 38(2)(c) or 38(2)(d) of the Essential Services Commission Act 2001; or (c) a determination that— (i) revokes and substitutes the 2006–2010 distribution pricing determination or a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or Authorised by the Chief Parliamentary Counsel 56 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements (ii) amends— (A) the 2006–2010 distribution pricing determination; or (B) a subsequent determination applying to charges for connection to, and the use of, distribution systems in Victoria; or (d) a decision or determination under the AMI Order. (2) A person who is aggrieved by the requirement, decision or determination may appeal to the Tribunal against the making of the requirement, decision or determination. (3) Sections 55 and 56 of the Essential Services Commission Act 2001 apply to an appeal under this section as if— (a) section 55(1) were omitted; and S. 29(3)(a) substituted by No. 55/2010 s. 43. (ab) in section 55(1A), the reference to subsection S. 29(3)(ab) inserted by (1) were a reference to subsection (2) of this No. 55/2010 section; and s. 43. (ac) in those sections— S. 29(3)(ac) inserted by No. 55/2010 (i) a reference to section 55(1)(a) were a s. 43. reference to subsection (1)(a) of this section; and (ii) a reference to section 55(1)(b) were a reference to subsection (1)(b) of this section; and (iii) a reference to section 55(1)(c) were a reference to subsection (1)(c) or (d) of this section; and Authorised by the Chief Parliamentary Counsel 57 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements (b) in section 55(3) for "the Registrar" there were substituted "the Tribunal"; and (c) section 56(1) to (3) and (5) were omitted; and (d) a reference in those sections to the Commission were a reference to the AER; and (e) a reference in those sections to an appeal panel were a reference to the Tribunal. S. 29(4) (4) Part 3 of the Essential Services Commission amended by No. 46/2015 Regulations 2011 applies to an appeal under this s. 3(a). section as if— S. 29(4)(a) (a) regulations 11 and 12 of that Part were amended by No. 46/2015 omitted; and s. 3(b). (b) a reference in that Part to the Commission were a reference to the AER; and (c) a reference in that Part to an appeal panel were a reference to the Tribunal; and (d) a reference in that Part to the Registrar were a reference to the Tribunal. (5) In this section— S. 29(5) def. of Tribunal means the Australian Competition Tribunal amended by Tribunal referred to in the Competition and No. 21/2012 Consumer Act 2010 of the Commonwealth s. 239(Sch. 6 item 29.2). and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal. Authorised by the Chief Parliamentary Counsel 58 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements

29A Interveners in appeals against decisions or S. 29A determinations under the AMI Order inserted by No. 46/2015 (1) The following persons are entitled to intervene in s. 4. an appeal under section 29 against a decision or determination under the AMI Order— (a) the Minister; (b) a person who represents a consumer or user group. (2) For the purposes of subsection (1)(b), a person who represents a consumer or user group includes an end user representative. (3) A person who intervenes under subsection (1) may raise a ground that an appellant may raise in such an appeal even if the ground is not raised by the appellant. (4) In this section— end user means a person who acquires electricity for consumption purposes; end user representative means any of the following (whether incorporated or unincorporated)— (a) an association or body— (i) the members of which include more than one end user; and (ii) that represents and promotes the interests of those members in relation to the distribution, supply, sale or consumption of electricity; (b) an association or body— (i) the members of which may or may not include an end user; and Authorised by the Chief Parliamentary Counsel 59 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 4—Economic regulatory distribution functions transitional arrangements (ii) that has, as an object or purpose, the object or purpose of representing and promoting the interests of end users in relation to the distribution, supply, sale or consumption of electricity. Authorised by the Chief Parliamentary Counsel 60 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks Part 5—Victorian declared networks Pt 5 (Heading and ss 30–50) Division 1—Ministerial declarations inserted by No. 23/2009 s. 4.

30 Declaration of declared transmission system S. 30 inserted by No. 23/2009 The Minister, by Order published in the s. 4. Government Gazette, may declare a transmission system, or a part of a transmission system, situated wholly or substantially in Victoria to be the declared transmission system.

31 Declaration of declared transmission system S. 31 inserted by operator No. 23/2009 s. 4. The Minister, by Order published in the Government Gazette, may declare a person who owns, controls or operates the declared transmission system, or a part of the declared transmission system, to be a declared transmission system operator. Division 2—AEMO's declared network functions

32 Application of AEMO's declared network functions S. 32 inserted by Subdivision 3 of Division 2 of Part 5 of the No. 23/2009 National Electricity (Victoria) Law applies in this s. 4. jurisdiction. Note See section 50(2) of the National Electricity (Victoria) Law.

33 Certain defined terms for the purposes of the S. 33 inserted by National Electricity (Victoria) Law No. 23/2009 s. 4. For the purposes of the National Electricity (Victoria) Law— declared transmission system means a transmission system or a part of a transmission system declared by Order under Authorised by the Chief Parliamentary Counsel 61 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks section 30 to be the declared transmission system; declared transmission system operator means a person declared by Order under section 31 to be a declared transmission system operator, or any successor in law or assignee of that person. Division 3—Regulatory arrangements S. 34 34 Definitions inserted by No. 23/2009 In this Division— s. 4. approved VENCorp revised pricing methodology means the pricing methodology— (a) for the prices to be charged by VENCorp for prescribed common transmission services and prescribed TUOS services provided by it from

1 July 2008; and (b) that was approved by the AER under the current VENCorp transmission determination; current connection agreement means an agreement specified by Order under section 35 to be a current connection agreement; current network agreement means an agreement specified by Order under section 35 to be a current network agreement; current VENCorp transmission determination means the transmission determination made by the AER on 11 April 2008 regulating, for the period commencing 1 July 2008 and ending 30 June 2014— Authorised by the Chief Parliamentary Counsel 62 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks (a) the revenues specified in the determination to be earned by VENCorp in that period; and (b) the prices to be charged for prescribed common transmission services and prescribed TUOS services provided by VENCorp in that period; prescribed common transmission services has the same meaning as in the National Electricity Rules; prescribed TUOS services has the same meaning as in the National Electricity Rules; specified code or guideline means a code or guideline specified, or specified as modified, under an Order under section 36; specified VENCorp provision means a provision of a code or guideline specified, or specified as modified, under an Order under section 36; transition day means the day on which section 34 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 comes into operation.

35 Declaration of current connection agreements and S. 35 inserted by current network agreements No. 23/2009 s. 4. (1) The Minister, by Order published in the Government Gazette, may specify an agreement to which VENCorp is a party to be— (a) a current connection agreement; or (b) a current network agreement. (2) To avoid doubt, subsection (1) does not prevent the Minister from specifying an agreement to be both a current connection agreement and a current network agreement. Authorised by the Chief Parliamentary Counsel 63 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks S. 36 36 Ministerial specification of ESC code or guideline or inserted by provision under ESC code or guideline No. 23/2009 s. 4. (1) The Minister, by Order published in the Government Gazette, may specify a code or guideline published by the ESC, or a provision of such a code or guideline, that— (a) relates to the provision of electricity network services by a declared transmission system operator or relates to the declared transmission system; and (b) confers a function or power, or imposes a duty, on VENCorp— as, as the case requires, a specified code or guideline or a specified VENCorp provision if the Minister considers that AEMO must be conferred that function or power, or be subject to that duty. (2) The code or guideline published by the ESC, or the provision of such a code or guideline, that is specified by an Order under subsection (1), may be specified as modified by that Order to make any necessary or consequential amendments to the code or guideline, or the provision of the code or guideline, in its application to AEMO. S. 37 37 Current network agreements inserted by No. 23/2009 s. 4. On the transition day, a current network agreement is to be taken to be a network agreement (within the meaning of section 50D(1) of the National Electricity (Victoria) Law). Note By operation of section 238 of the Gas Industry Act 2001, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day. Authorised by the Chief Parliamentary Counsel 64 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks

38 Current connection agreements S. 38 inserted by On the transition day, a current connection No. 23/2009 agreement is to be taken to be a connection s. 4. agreement under section 50E of the National Electricity (Victoria) Law. Note By operation of section 238 of the Gas Industry Act 2001, AEMO replaced VENCorp as a party in every agreement to which VENCorp was a party immediately before the transition day.

39 Specified code or guidelines and specified VENCorp S. 39 inserted by provisions No. 23/2009 s. 4. (1) On and after the transition day, AEMO is, by force of this subsection— (a) conferred a function or power VENCorp had under a specified code or guideline or specified VENCorp provision immediately before that day; and (b) subject to every duty imposed on VENCorp under a specified code or guideline or specified VENCorp provision immediately before that day. (2) On and after the transition day, every reference to VENCorp in a specified code or guideline or specified VENCorp provision is to be taken to be a reference to AEMO unless the context otherwise requires.

40 Current VENCorp transmission determination S. 40 inserted by No. 23/2009 (1) On and after the transition day, the approved s. 4. VENCorp revised pricing methodology is to be taken to— (a) apply to prices to be charged by AEMO for prescribed common transmission services and prescribed TUOS services provided by AEMO by means of, or in connection with, Authorised by the Chief Parliamentary Counsel 65 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks the declared shared network on and after the transition day; and (b) is to be regarded as the AEMO pricing methodology. (2) On and after the transition day, every reference to VENCorp in the approved AEMO pricing methodology is to be taken to be a reference to AEMO unless the context otherwise requires. S. 41 41 VENCorp's negotiating framework and negotiated inserted by No. 23/2009 transmission service criteria s. 4. (1) In this section— VENCorp negotiating framework means the negotiating framework (as defined in Chapter 10 of the National Electricity Rules) approved by the AER under the current VENCorp transmission determination; S. 41(1) def. of VENCorp negotiated transmission service VENCorp negotiated criteria means the negotiated transmission transmission service criteria (as defined in Chapter 10 of service criteria the National Electricity Rules) specified amended by under the current VENCorp transmission No. 55/2010 s. 44. determination. (2) On and after the transition day, the VENCorp negotiating framework is to be taken to apply to AEMO and every reference in that framework to VENCorp is to be taken to be a reference to AEMO unless the context otherwise requires. (3) On and after the transition day, the VENCorp negotiated transmission service criteria are to be taken to apply to AEMO and every reference in those criteria to VENCorp is to be taken to be a reference to AEMO unless the context otherwise requires. Authorised by the Chief Parliamentary Counsel 66 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks Division 4—Land access for augmentations

42 Definition S. 42 inserted by In this Division— No. 23/2009 s. 4. prospective declared transmission system operator means a person who is authorised or required under the National Electricity (Victoria) Law to augment the declared transmission system and who may therefore become a declared transmission system operator on completion of the augmentation.

43 Model lease and licence S. 43 inserted by No. 23/2009 The Minister, by Order published in the s. 4. Government Gazette, may— (a) specify a lease for land to be a model lease for the purpose of this Division; or (b) specify a licence over land to be a model licence for the purpose of this Division.

44 Declared transmission system operator must S. 44 inserted by provide access to land and premises No. 23/2009 s. 4. (1) A declared transmission system operator must— (a) allow a prospective declared transmission system operator, and any agents and contractors of the prospective declared transmission system operator, such access to the land and premises of the declared transmission system operator on which the declared transmission system is situated as may be reasonably necessary for the construction and operation of the augmentation of the declared transmission system; and Authorised by the Chief Parliamentary Counsel 67 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks (b) grant to the prospective declared transmission system operator any lease or licence the prospective declared transmission system operator reasonably requires for the purposes of constructing and operating the augmentation. (2) A declared transmission system operator must allow AEMO, and any agents and contractors of AEMO, such access to the land and premises of the declared transmission system operator on which the declared transmission system is situated as may be reasonably required by AEMO to facilitate the planning of an augmentation of the declared transmission system. S. 45 45 Resolution of dispute arising from attempt to inserted by No. 23/2009 negotiate a lease or licence s. 4. (1) The AER, on application by a declared transmission system operator or prospective declared transmission system operator, may make a determination to resolve a dispute arising from an attempt to negotiate the granting of a lease or licence referred to in section 44(1)(b). (2) The determination may determine the terms and conditions of the lease or licence. (3) In making a determination, the AER must have regard to the model lease or model licence (as the case requires). (4) If the AER determines the terms and conditions of a lease or licence, a lease or licence is taken to arise between the interested parties in accordance with the AER's determination. (5) A determination may only be made under this section if— (a) the AER is satisfied that the applicant has made a reasonable, but unsuccessful, attempt to negotiate the lease or licence; and Authorised by the Chief Parliamentary Counsel 68 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks (b) the AER has given the declared transmission system operator and prospective declared transmission system operator an opportunity to make representations about the terms of the proposed determination. (6) A determination under this section takes effect on a date specified in the determination. (7) A determination under this section must be published on the website of— (a) the AER; and (b) AEMO.

46 Termination of lease or licence S. 46 inserted by No. 23/2009 A lease or licence granted or taken to have arisen s. 4. under this Division may not be terminated or revoked during the period of construction or operation of the augmentation unless agreed by both parties or as expressly provided for in the lease or licence.

47 General principles governing AER determinations S. 47 inserted by No. 23/2009 The provisions applicable to the determination of s. 4. an access dispute in the National Electricity (Victoria) Law apply to a determination by the AER of a dispute under this Division with the following changes— (a) section 131(1)(c), section 131(2), section 132 and section 133 do not apply; (b) any further changes necessary to adapt those provisions to the determination of a dispute under this Division. Authorised by the Chief Parliamentary Counsel 69 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks Division 5—Other matters S. 48 48 Notice of change to declared transmission system inserted by operator No. 23/2009 s. 4. (1) If a declared transmission system operator enters into any agreement that transfers or assigns the ownership, control or operation of the declared transmission system or a part of the declared transmission system, the operator must provide, as soon as practicable after entering into the agreement, the required details to— (a) the Minister; and (b) AEMO. (2) On receipt of the required details under subsection (1), AEMO must publish those details on its website. (3) AEMO, by publishing the required details on its website, incurs no liability for breach of contract, breach of confidence or any other civil wrong. (4) In this section— required details means the following details of the person to whom a declared transmission system operator transfers or assigns the ownership, control or operation of the declared transmission system or a part of the declared transmission system— (a) name; (b) Australian Company Number or Australian Business Number; (c) principal place of business; (d) any other information specified by the Minister by notice published in the Government Gazette. Authorised by the Chief Parliamentary Counsel 70 National Electricity (Victoria) Act 2005 No. 8 of 2005 Part 5—Victorian declared networks

49 Appointment of Responsible Officer S. 49 inserted by (1) The Minister may, by instrument, delegate to No. 23/2009 AEMO the powers, duties and functions of the s. 4. Minister under clause 3.10 and 3.11 of the Memorandum. (2) In this section— Memorandum means the National Electricity Market Memorandum of Understanding on the Use of Emergency Powers entered into between the State of New South Wales, the State of Victoria, the State of Queensland, the State of South Australia, the Australian Capital Territory, and NEMMCO, dated

24 November 1998.

50 Customer load shedding arrangements S. 50 inserted by No. 23/2009 On the commencement of section 12 of the s. 4. 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. Authorised by the Chief Parliamentary Counsel 71 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 1––Specified building block amounts applying to applicable Victorian distribution determinations Sch. 1 inserted by Schedule 1––Specified building block No. 51/2012 s. 11. amounts applying to applicable Victorian distribution determinations Sections 16M and 16N Part A Citipower distribution determination 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 Building blocks resulting from the ESCV S factor close out ($ million, 2010) 2011 2012 2013 2014 2015 –2.19 –4.50 –3.33 –0.33 –3.53 Part B Jemena distribution determination 2011-15 Table 19 Building block amounts resulting from ESCV ECM carryover for Jemena ($ million, 2010) 2011 2012 2013 2014 Total 17.75 11.73 13.99 –1.90 41.57 Authorised by the Chief Parliamentary Counsel 72 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 1––Specified building block amounts applying to applicable Victorian distribution determinations Table 20 Building blocks resulting from the ESCV S factor close out ($ million, 2010) 2011 2012 2013 2014 2015 5.46 0.92 –0.20 –0.19 –9.63 Part C Powercor distribution determination 2011-15 Table 19 Building block amounts resulting from ESCV ECM carryover for Powercor ($ million, 2010) 2011 2012 2013 2014 Total 0.0 11.18 –4.66 –9.72 –3.20 Table 20 Building blocks resulting from the ESCV S factor close out ($ million, 2010) 2011 2012 2013 2014 2015 –5.95 –20.94 –5.22 –0.31 0.67 Part D SPI Electricity distribution determination 2011-15 Table 19 Building block amounts resulting from ESCV ECM carryover for SPI Electricity ($ million, 2010) 2011 2012 2013 2014 Total 11.11 –23.64 –8.64 1.78 –19.39 Authorised by the Chief Parliamentary Counsel 73 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 1––Specified building block amounts applying to applicable Victorian distribution determinations Table 20 Building blocks resulting from the ESCV S factor close out ($ million, 2010) 2011 2012 2013 2014 2015 40.22 20.21 –7.04 –1.59 –78.38 Part E United Energy distribution determination 2011-15 Table 18 Building block amounts resulting from ESCV ECM carryover for United Energy ($ million, 2010) 2011 2012 2013 2014 Total – – – – – Table 19 Building blocks resulting from the ESCV S factor close out ($ million, 2010) 2011 2012 2013 2014 2015 –4.80 –4.80 –6.21 –6.15 –10.76 Authorised by the Chief Parliamentary Counsel 74 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules Schedule 2—Amendment of National Sch. 2 inserted by Electricity Rules No. 24/2016 s. 6. Section 16R

1 Clause 5.1.3—Principles 1.1 In clause 5.1.3(d)(2) of the National Electricity Rules, after "Network Users;" insert "and". 1.2 For clause 5.1.3(e) and (f) of the National Electricity Rules substitute— "(e) the operation of the Rules should result in the achievement of: (1) long term benefits to Registered Participants in terms of cost and reliability of the national grid; and (2) open communication and information flows relating to connections between Registered Participants themselves, and between Registered Participants and AEMO, while ensuring the security of confidential information belonging to competitors in the market.".

2 Clause 5.3.1—Process and procedures 2.1 For clause 5.3.1 of the National Electricity Rules substitute— "5.3.1 Process and procedures (a) For the purposes of this rule 5.3: establish a connection includes modify an existing connection or alter plant but does not include alterations to generating plant in the circumstances set out in clause 5.3.9. (b) A Registered Participant or person intending to become a Registered Participant who wishes to establish a connection to a network must follow the procedures in this rule 5.3. Authorised by the Chief Parliamentary Counsel 75 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (c) A Generator wishing to alter connected generating plant must comply with clause 5.3.9. (d) AEMO must comply with clause 5.3.11 in relation to requests to change normal voltage.".

3 Clause 5.3.2—Connection enquiry 3.1 In clause 5.3.2(a) of the National Electricity Rules omit "or (c)".

4 Insertion of new Chapter 5A 4.1 After Chapter 5 of the National Electricity Rules insert— "Chapter 5A—Electricity connection for retail customers Part A—Preliminary 5A.A.1 Definitions In this Chapter: basic connection service means a connection service related to a connection (or a proposed connection) between a distribution system and a retail customer's premises (excluding a non-registered embedded generator's premises) in the following circumstances: (a) either: (1) the retail customer is typical of a significant class of retail customers who have sought, or are likely to seek, the service; or Authorised by the Chief Parliamentary Counsel 76 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) the retail customer is, or proposes to become, a micro- embedded generator; and (b) the provision of the service involves minimal or no augmentation of the distribution network; and (c) a model standing offer has been approved by the AER for providing that service as a basic connection service. basic micro EG connection service means a basic connection service for a retail customer who is a micro embedded generator. confidential information means, in relation to a Registered Participant, AEMO or a connection applicant, information which is or has been provided to that Registered Participant, AEMO or connection applicant under or in connection with the Rules and which is stated under the Rules, or by AEMO, the AER or the AEMC, to be confidential information or is otherwise confidential or commercially sensitive. It also includes any information which is derived from such information. connection means a physical link between a distribution system and a retail customer's premises to allow the flow of electricity. Authorised by the Chief Parliamentary Counsel 77 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules connection alteration means an alteration to an existing connection including an addition, upgrade, extension, expansion, augmentation or any other kind of alteration. connection applicant means an applicant for a connection service of 1 of the following categories: (a) retail customer; (b) retailer or other person acting on behalf of a retail customer; (c) real estate developer. connection application means an application under clause 5A.D.3. connection charge means a charge imposed by a Distribution Network Service Provider for a connection service. connection charge guidelines – see clause 5A.E.3. connection charge principles – see clause 5A.E.1. connection contract means a contract formed by the making and acceptance of a connection offer. connection offer means an offer by a Distribution Network Service Provider to enter into a connection contract with: Authorised by the Chief Parliamentary Counsel 78 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (a) a retail customer; or (b) a real estate developer. connection policy means a document, approved as a connection policy by the AER under Chapter 6, Part E, setting out the circumstances in which connection charges are payable and the basis for determining the amount of such charges. connection service means either or both of the following: (a) a service relating to a new connection for premises; (b) a service relating to a connection alteration for premises. contestable – a service is contestable if the laws of the participating jurisdiction in which the service is to be provided permit the service to be provided by more than one supplier as a contestable service or on a competitive basis. customer connection contract – see section 67 of the NERL. embedded generator means a person that owns, controls or operates an embedded generating unit. enquiry means a preliminary enquiry under clause 5A.D.2. Authorised by the Chief Parliamentary Counsel 79 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules micro EG connection means a connection between an embedded generating unit and a distribution network of the kind contemplated by Australian Standard AS 4777 (Grid connection of energy systems via inverters). micro embedded generator means a retail customer who operates, or proposes to operate, an embedded generating unit for which a micro EG connection is appropriate. model standing offer means a document approved by the AER as a model standing offer to provide basic connection services (see clause 5A.B.3) or as a model standing offer to provide standard connection services (see clause 5A.B.5). negotiated connection contract – see clause 5A.C.1. new connection means a connection established or to be established, in accordance with this Chapter and applicable energy laws, where there is no existing connection. non-registered embedded generator means an embedded generator that is neither a micro embedded generator nor a Registered Participant. Authorised by the Chief Parliamentary Counsel 80 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules premises connection assets means the components of a distribution system used to provide connection services. real estate developer means a person who carries out a real estate development. real estate development means the commercial development of land including its development in 1 or more of the following ways: (a) subdivision; (b) the construction of commercial or industrial premises (or both); (c) the construction of multiple new residential premises. retail customer includes a non-registered embedded generator and a micro embedded generator. standard connection service means a connection service (other than a basic connection service) for a particular class (or sub-class) of connection applicant and for which a model standing offer has been approved by the AER. supply service means a service (other than a connection service) relating to the supply of electricity. Authorised by the Chief Parliamentary Counsel 81 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 5A.A.2 Application of this Chapter (a) This Chapter does not apply to, or in relation to, a connection applicant that is a Registered Participant or an Intending Participant unless the Registered Participant or Intending Participant is acting as the agent of a retail customer. (b) Where a non-registered embedded generator wishing to connect an embedded generating unit to a Distribution Network Service Provider's network: (1) falls within a particular class (or subclass) of connection applicant for which that Distribution Network Service Provider provides a standard connection service, this Chapter will apply; (2) does not fall within a particular class (or subclass) of connection applicant for which that Distribution Network Service Provider provides a standard connection service, paragraph (c) will apply. (c) A non-registered embedded generator that meets the requirements in paragraph (b)(2) may elect to seek connection of the relevant embedded generating unit under rule 5.3A instead of this Chapter. Authorised by the Chief Parliamentary Counsel 82 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (d) Any election made by a non-registered embedded generator under paragraph (c) must be: (1) made before an enquiry is made or if no enquiry is made, before a connection application is lodged with the relevant Distribution Network Service Provider; (2) in writing; and (3) delivered to the relevant Distribution Network Service Provider at the same time as lodging an enquiry under clause 5.3A.5. (e) For the avoidance of doubt, clause 5A.C.1(a)(2) is still applicable when a non-registered embedded generator meets the requirements in paragraph (b)(1). 5A.A.3 Small Generation Aggregator deemed to be agent of a retail customer A Market Small Generation Aggregator is deemed to be the agent of a retail customer, where there is an agreement between the Market Small Generation Aggregator and the retail customer relating to the retail customer's small generating unit under which the Market Small Generation Aggregator is financially responsible for the market connection point at which the small generating unit is connected to the national grid. Authorised by the Chief Parliamentary Counsel 83 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules Part B—Standardised offers to provide basic and standard connection services Division 1—Basic connection services 5A.B.1 Obligation to have model standing offer to provide basic connection services (a) Subject to paragraph (b), a Distribution Network Service Provider must have a model standing offer to provide basic connection services to retail customers. (b) Basic connection services are of 2 classes: (1) basic connection services for retail customers who are not embedded generators; and (2) basic connection services for retail customers who are micro embedded generators. Note Basic connection services are not available to non-registered embedded generators. (c) A model standing offer may relate to each class of basic connection services (or a subclass for which there is significant demand) within the area served by the relevant distribution network. Authorised by the Chief Parliamentary Counsel 84 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 5A.B.2 Proposed model standing offer for basic connection services (a) A Distribution Network Service Provider must submit for the AER's approval a proposed model standing offer to provide basic connection services for each class (or subclass) of basic connection services on specified terms and conditions. (b) The terms and conditions of the proposed model standing offer must cover: (1) a description of the connection (and the premises connection assets of which it is to be comprised) including a statement of its maximum capacity; and (2) timeframes for commencing and completing the work; and (3) the qualifications required for carrying out the work involved in providing a contestable service (including reference to the jurisdictional or other legislation and statutory instruments under which the qualifications are required); and (4) the safety and technical requirements (including reference to the jurisdictional or other legislation and statutory instruments under which the requirements are imposed) to be complied with by the provider of a contestable service or the retail customer (or both); and Authorised by the Chief Parliamentary Counsel 85 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (5) details of the connection charges (or the basis on which they will be calculated) including details of the following (so far as applicable): (i) the cost of any necessary extension to the distribution system for which provision has not already been made through existing distribution use of system charges or a tariff applicable to the connection; (ii) meter type and cost; (iii) the cost of any other relevant premises connection assets; (iv) the costs of common components of minor variations from the standard specifications; (v) any other incidental costs; and (6) the manner in which connection charges are to be paid by the retail customer; and (7) if the service is a basic micro EG connection service, the particular requirements with regard to the export of electricity into the distribution system including: (i) the special requirements for metering and other equipment for the export of electricity; and Authorised by the Chief Parliamentary Counsel 86 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (ii) the required qualification for installers of relevant equipment (including reference to the jurisdictional or other legislation and statutory instruments under which the qualifications are required); and (iii) the special safety and technical requirements (including reference to the jurisdictional or other legislation and statutory instruments under which they are imposed) to be complied with by the provider of a contestable service or the retail customer (or both). 5A.B.3 Approval of terms and conditions of model standing offer to provide basic connection services (a) The AER may approve a proposed model standing offer to provide basic connection services of a particular class (or subclass) on specified terms and conditions if satisfied that: (1) the services are likely to be sought by: (i) a significant number of retail customers in the area served by the distribution network (excluding embedded generators); or (ii) micro-embedded generators; and Authorised by the Chief Parliamentary Counsel 87 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) the connection charges are consistent with the Distribution Network Service Provider's distribution determination including the connection policy; and (3) the terms and conditions are fair and reasonable; and (4) the terms and conditions comply with applicable requirements of the energy laws. (b) In deciding whether to approve a proposed model standing offer to provide basic connection services on specified terms and conditions, the AER must have regard to: (1) the national electricity objective; and (2) the basis on which the Distribution Network Service Provider has provided the relevant services in the past; and (3) the geographical characteristics of the area served by the relevant distribution network. (c) If the AER does not approve a proposed model standing offer to provide basic connection services of a particular class on specified terms and conditions: (1) the AER must give the Distribution Network Service Provider written reasons for its decision; and Authorised by the Chief Parliamentary Counsel 88 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) the Distribution Network Service Provider must re-submit the proposed model standing offer with appropriate amendments as soon as reasonably practicable. (d) The AER must deal expeditiously with a proposed model standing offer to provide basic connection services. Division 2—Standard connection services 5A.B.4 Standard connection services (a) A Distribution Network Service Provider may submit for the AER's approval a proposed model standing offer to provide standard connection services on specified terms and conditions. (b) Different sets of terms and conditions may be submitted under this rule for different classes of connection services or different classes of retail customer. (c) The terms and conditions must cover: (1) a description of the connection (and the premises connection assets of which it is to be comprised) including a statement of its maximum capacity; and (2) timeframes for commencing and completing the work; and (3) the qualifications required for carrying out the work involved in providing a contestable service (including reference to the jurisdictional or other legislation Authorised by the Chief Parliamentary Counsel 89 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules and statutory instruments under which the qualifications are required); and (4) the safety and technical requirements (including reference to the jurisdictional or other legislation and statutory instruments under which the requirements are imposed) to be complied with by the provider of a contestable service or the retail customer (or both); and (5) details of the connection charges (or the basis on which they will be calculated) including details of the following (so far as applicable): (i) the cost of premises connection assets to which the connection charges relate; (ii) the cost of any necessary augmentation of the distribution system for which provision has not already been made through existing distribution use of system charges or a tariff applicable to the connection; (iii) the costs of common components of minor variations from the standard specifications; (iv) any other incidental costs; and Authorised by the Chief Parliamentary Counsel 90 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (6) the manner in which connection charges are to be paid by the retail customer. 5A.B.5 Approval of model standing offer to provide standard connection services (a) The AER may approve a proposed model standing offer to provide a particular class of standard connection services on specified terms and conditions if satisfied that: (1) the terms and conditions are fair and reasonable; and (2) the connection charges are consistent with the Distribution Network Service Provider's distribution determination including the connection policy; and (3) the terms and conditions comply with applicable requirements of the energy laws. (b) In deciding whether to approve the proposed model standing offer, the AER must have regard to the national electricity objective. (c) If the AER does not approve a proposed model standing offer to provide standard connection services: (1) the AER must give the Distribution Network Service Provider written reasons for its decision; and Authorised by the Chief Parliamentary Counsel 91 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) the Distribution Network Service Provider may re-submit the proposed model standing offer with appropriate amendments. (d) The AER must deal expeditiously with a proposed model standing offer to provide standard connection services. Division 3—Miscellaneous 5A.B.6 Amendment etc of model standing offer (a) A Distribution Network Service Provider may submit, for the AER's approval, a proposal: (1) for the amendment or substitution of a model standing offer to provide basic connection services; or (2) for the amendment, substitution or revocation of a model standing offer to provide standard connection services. (b) In deciding whether to approve a proposal submitted for its approval under this clause, the AER must, so far as relevant, apply the same principles and have regard to the same matters as are relevant to the approval of a proposed model standing offer to provide basic connection services or standard connection services. (c) The amendment, substitution or revocation of a model standing offer takes effect on the date of the AER's approval or a later date fixed by the AER in its approval. Authorised by the Chief Parliamentary Counsel 92 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (d) If the AER does not approve a proposal submitted under paragraph (a): (1) the AER must give the Distribution Network Service Provider written reasons for its decision; and (2) the Distribution Network Service Provider may re-submit the proposal with appropriate amendments. (e) The amendment, substitution or revocation of a model standing offer does not affect the validity or effect of: (1) a connection offer made before the amendment, substitution or revocation takes effect; or (2) a connection contract formed on the basis of such an offer. (f) The AER must deal expeditiously with a proposal for the amendment, substitution or revocation of a model standing offer. (g) If the AER, after making a distribution determination, considers that an existing model standing offer to provide basic connection services or standard connection services may be inconsistent with the Distribution Network Service Provider's distribution determination (including the connection policy), the AER may require the Distribution Network Service Provider to submit a proposal under paragraph (a) to bring the model standing offer into consistency with the distribution determination. Authorised by the Chief Parliamentary Counsel 93 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 5A.B.7 Publication of model standing offers A Distribution Network Service Provider must publish, on its website, each of its model standing offers to provide basic connection services or standard connection services. Part C—Negotiated connection 5A.C.1 Negotiation of connection (a) A connection applicant and a Distribution Network Service Provider may negotiate a connection contract (a negotiated connection contract): (1) where the connection service sought by the connection applicant is neither a basic connection service nor a standard connection service; or (2) where the connection service sought by the connection applicant is a basic connection service or a standard connection service but the connection applicant elects to negotiate the terms and conditions on which the connection service is to be provided. (b) The negotiations may, if the connection applicant elects, extend to supply services available from the Distribution Network Service Provider. (c) This Part sets out the requirements for negotiation referred to in the NERL. Authorised by the Chief Parliamentary Counsel 94 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (d) When reading this Part in the context of the NERL: (1) a reference to a connection applicant in this Part corresponds to a reference to a customer in the NERL; and (2) a reference to a Distribution Network Service Provider in this Part corresponds to a reference to a distributor in the NERL; and (3) this Part will be read subject to any further adaptations and modifications necessary to give effect to the intendment of the NERL. (e) If, but for this paragraph, a contract negotiable under this Part, or parts or aspects of such a contract, would also be negotiable under Chapter 6, this Part applies to the exclusion of the relevant provisions of Chapter 6. 5A.C.2 Process of negotiation A Distribution Network Service Provider and a connection applicant for a negotiated connection contract must negotiate in accordance with the negotiation framework set out in clause 5A.C.3. 5A.C.3 Negotiation framework (a) The following rules (collectively described as the negotiation framework) govern negotiations between a Distribution Network Service Provider and a connection applicant: (1) each party must negotiate in good faith. Authorised by the Chief Parliamentary Counsel 95 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) the connection applicant must, at the request of the Distribution Network Service Provider, provide the Distribution Network Service Provider with information it reasonably requires in order to negotiate on an informed basis. Note The information might (for example) include estimates of average and maximum demand for electricity to be supplied through the connection. (3) the Distribution Network Service Provider must provide the connection applicant with information the connection applicant reasonably requires in order to negotiate on an informed basis including; (i) an estimate of the amount to be charged by the Distribution Network Service Provider for assessment of the application and the making of a connection offer for a negotiated connection contract; and (ii) an estimate of connection charges; and (iii) a statement of the basis on which connection charges are calculated; and Authorised by the Chief Parliamentary Counsel 96 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (iv) if the connection applicant has elected to extend the negotiations to supply services— an estimate of any applicable charges for supply services and a statement of the basis of their calculation. Note The Distribution Network Service Provider might, according to the circumstances of a particular case, need to provide further information to ensure the connection applicant is properly informed – for example, information about: • technical and safety requirements; • the types of connection that are technically feasible; • network capacity at the proposed connection point; • possible strategies to reduce the cost of the connection. (4) the Distribution Network Service Provider may consult with other users of the distribution network who may be adversely affected by the proposed new connection or connection alteration. (5) in assessing the application, the Distribution Network Service Provider must determine: (i) the technical requirements for the proposed new connection or connection alteration; and Authorised by the Chief Parliamentary Counsel 97 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (ii) the extent and costs of any necessary augmentation of the distribution system; and (iii) any consequent change in charges for distribution use of system services; and (iv) any possible material effect of the proposed new connection or connection alteration on the network power transfer capability of the distribution network to which the new connection or connection alteration is proposed to be made and any other distribution network that might be affected by the proposed new connection or connection alteration. (6) the Distribution Network Service Provider must make reasonable endeavours to make a connection offer that complies with the connection applicant's reasonable requirements. Example Reasonable requirements as to the location of the proposed connection point or the level and standard of the distribution network's power transfer capability. (7) the Distribution Network Service Provider must comply with its connection policy. Authorised by the Chief Parliamentary Counsel 98 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (b) The following supplementary rules apply: (1) if a Distribution Network Service Provider requires information from a connection applicant in addition to the information provided in the application, a request for the additional information under paragraph (a)(2) must (if practicable) be made within 20 business days after the Distribution Network Service Provider receives the relevant application; (2) the Distribution Network Service Provider must provide the information required under paragraph (a)(3) as soon as practicable after the Distribution Network Service Provider receives the connection applicant's application or, if the Distribution Network Service Provider requests additional information under paragraph (a)(2), as soon as practicable after the Distribution Network Service Provider receives the relevant information. (c) Each party to the negotiations must maintain the confidentiality of confidential information disclosed by the other party in the course of the negotiations unless disclosure of the information is authorised: (1) by the party to whom the duty of confidentiality is owed; or Authorised by the Chief Parliamentary Counsel 99 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) under: (i) the Law or the Rules; or (ii) any other law. 5A.C.4 Fee to cover cost of negotiation (a) A Distribution Network Service Provider may charge a connection applicant for a negotiated connection contract a reasonable fee to cover expenses directly and reasonably incurred by the Distribution Network Service Provider in assessing the applicant's application and making a connection offer. (b) A fee charged under paragraph (a) is recoverable as a debt (whether or not the connection applicant accepts the connection offer). Part D—Application for connection service Division 1—Information 5A.D.1 Publication of information (a) A Distribution Network Service Provider must publish on its website the following: (1) an application form for a new connection or a connection alteration; and Authorised by the Chief Parliamentary Counsel 100 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) a description of how an application for a new connection or a connection alteration is to be made (including a statement of the information required for the application); and (3) a description of the Distribution Network Service Provider's basic connection services and standard connection services and the classes (or subclasses) of retail customer to which they apply. If the Distribution Network Service Provider does not provide standard connection services for all or some non-registered embedded generators, a clear statement to this effect must also be included in the description; and (4) an explanation of the connection applicant's right to negotiate with the Distribution Network Service Provider for a negotiated connection contract and a description of the negotiation process; and (5) the requirements for an expedited connection; and (6) the basis for calculation of connection charges; and (7) information set out in clause 5.3A.3(b)(1)(vii), (2)-(7) as such information relates to the connection of embedded generating units by a non-registered embedded generator. Authorised by the Chief Parliamentary Counsel 101 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (b) To the extent a Distribution Network Service Provider has provided the information required under paragraph (a)(7) by including that information in its information pack published under clause 5.3A.3(a)(3), it will be taken to have complied with paragraph (a)(7). 5A.D.1A Register of completed embedded generation projects (a) For the purposes of this clause 5A.D.1A: completed non-registered embedded generation projects means all embedded generating units, operated or controlled by a non-registered embedded generator that are connected to the Distribution Network Service Provider's network. DAPR date has the same meaning as in clause 5.13.2. (b) In relation to completed non-registered embedded generation projects, a Distribution Network Service Provider must establish and publish, on its website, a register of the plant, including but not limited to: (1) technology of generating unit (e.g. synchronous generating unit, induction generator, photovoltaic array, etc) and its make and model; (2) maximum power generation capacity of all embedded generating units comprised in the relevant generating system; Authorised by the Chief Parliamentary Counsel 102 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (3) contribution to fault levels; (4) the size and rating of the relevant transformer; (5) a single line diagram of the connection arrangement; (6) protection systems and communication systems; (7) voltage control, power factor control and/or reactive power capability (where relevant); and (8) details specific to the location of a facility connected to the network that are relevant to any of the details in subparagraphs (1)-(7). (c) The Distribution Network Service Provider must not publish confidential information as part of, or in connection with, the register, unless disclosure of the information is authorised: (1) by the party to whom the duty of confidentiality is owed; or (2) under: (i) the National Electricity Law or the Rules; or (ii) any other law. (d) The Distribution Network Service Provider must: (1) by the DAPR date each year, include in the register the details contained in paragraph (b) for all completed non-registered embedded generation projects since the date the register referred Authorised by the Chief Parliamentary Counsel 103 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules to in paragraph (b) is established; and (2) in the fifth year after the establishment of the register, and in each year thereafter, update the register by the DAPR date with details of all completed non-registered embedded generation projects in the 5 year period preceding the DAPR date. (e) To the extent a Distribution Network Service Provider includes the information required under paragraphs (b) and (d) in its register established under clause 5.4.5, it will be taken to have complied with paragraphs (b) and (d). Division 2—Preliminary enquiry 5A.D.2 Preliminary enquiry (a) A Distribution Network Service Provider must, within 5 business days after receiving an enquiry about a connection service (or some other period agreed between the Distribution Network Service Provider and the enquirer), provide the enquirer with the information required to make an informed application. (b) The information must include: (1) a description of the Distribution Network Service Provider's basic and standard connection services and the terms and conditions of the model standing offers to Authorised by the Chief Parliamentary Counsel 104 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules provide such services (including possible costs); and (2) a description of the process, including a statement of the information required, for submission of a connection application including an application for an expedited connection; and (3) a statement of possible site inspection charges; and (4) a statement of a connection applicant's right to negotiate the terms of a connection contract and a description of the relevant process (including the types of possible costs and expenses); and (5) an indication of whether any aspects of the proposed connection are likely to be contestable; and (6) any additional information reasonably required by the enquirer. (c) A Distribution Network Service Provider that publishes any of the above information on its website complies with its obligation to disclose information under this clause if it refers the enquirer to the relevant part of the website. Exception: If the enquirer asks for a written reply to the enquiry or asks for specific advice about the enquirer's particular situation, the Distribution Network Authorised by the Chief Parliamentary Counsel 105 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules Service Provider must reply to the enquiry as soon as reasonably practicable and in writing if requested. (d) If an enquiry is made to a Distribution Network Service Provider about a connection within the area of another Distribution Network Service Provider, the Distribution Network Service Provider: (1) must inform the enquirer of the identity, and contact details, of the responsible Distribution Network Service Provider; and (2) on doing so, is released from further obligations in relation to the enquiry. Division 3—Applications 5A.D.3 Application process (a) An application for a connection service must be in the appropriate form determined by the Distribution Network Service Provider. (b) An application for a connection service may be made by: (1) a retail customer for whom the connection service is sought; or (2) a retailer or other person acting on behalf of a retail customer; or (3) a real estate developer who seeks connection services for premises comprised in a real estate development. Authorised by the Chief Parliamentary Counsel 106 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (c) If an application for a connection service has been made in error to the wrong Distribution Network Service Provider, that Distribution Network Service Provider: (1) must inform the connection applicant of the identity, and contact details, of the responsible Distribution Network Service Provider; and (2) on doing so, is released from further obligations in relation to the application. (d) If an application is incomplete in a material respect, the Distribution Network Service Provider must advise the applicant of the deficiency and may require the connection applicant to complete the application and re-submit it. (e) If the Distribution Network Service Provider reasonably requires additional information to assess the application, it may require the connection applicant to provide the necessary information. (f) The Distribution Network Service Provider must, within 10 business days after receipt of a complete application for a connection service or if the connection applicant is required to provide additional information under paragraph (e), within 10 business days after receipt of the information, (or some other period agreed between the Distribution Network Service Provider and the connection applicant): Authorised by the Chief Parliamentary Counsel 107 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (1) subject to any statements made on its website under clause 5A.D.1(a)(3), advise the connection applicant whether the proposed connection service is a basic connection service, a standard connection service or neither; and (2) if; (i) the connection service is neither a basic connection service nor a standard connection service; or (ii) the connection applicant elects to have a negotiated connection contract even though the proposed connection service is a basic or standard connection service; advise the connection applicant of the negotiated connection process and of possible costs and expenses related to the negotiations. (g) A single application may relate to multiple connection services of the same or different kinds. 5A.D.4 Site inspection If a Distribution Network Service Provider reasonably needs to make a site inspection in order to determine the nature of a connection service sought by a connection applicant, the Distribution Network Service Provider may charge its reasonable expenses to the connection applicant and recover those expenses as a debt. Authorised by the Chief Parliamentary Counsel 108 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules Part E—Connection charges 5A.E.1 Connection charge principles (a) This clause states the connection charge principles. (b) A retail customer (other than a non-registered embedded generator or a real estate developer) who applies for a connection service for which an augmentation is required cannot be required to make a capital contribution towards the cost of the augmentation (insofar as it involves more than an extension) if: (1) the application is for a basic connection service; or (2) a relevant threshold set in the Distribution Network Service Provider's connection policy is not exceeded. Note In general, the intention is to exclude deep system augmentation charges for retail customers. (c) Subject to paragraph (b), in determining connection charges in accordance with its connection policy, a Distribution Network Service Provider must apply the following principles: (1) if an extension to the distribution network is necessary in order to provide a connection service, connection charges for the service may include a reasonable capital contribution towards the cost of Authorised by the Chief Parliamentary Counsel 109 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules the extension necessary to provide the service; (2) if augmentation of premises connection assets at the retail customer's connection point is necessary in order to provide a connection service, connection charges for the service may include a reasonable capital contribution towards the cost of the augmentation of premises connection assets at the connection point necessary to provide the service; (3) if augmentation of the distribution system is necessary in order to provide a standard connection service, connection charges for the service may include a reasonable capital contribution towards the cost of the augmentation necessary to provide the service; (4) if augmentation of the distribution system is necessary in order to provide a connection service under a negotiated connection contract, connection charges for the service may, subject to any agreement to the contrary, include a reasonable capital contribution towards the cost of augmentation of the distribution system to the extent necessary to provide the service and to any further extent that a prudent service provider would consider necessary to Authorised by the Chief Parliamentary Counsel 110 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules provide efficiently for forecast load growth; (5) despite subparagraphs (1) to (4) if augmentation of the distribution system is necessary in order to provide, on the application of a real estate developer, connection services for premises comprised in a real estate development, connection charges for the services may, subject to any agreement to the contrary, include a reasonable capital contribution towards the cost of augmentation of the distribution system to the extent necessary to provide the services and to any further extent that a prudent service provider would consider necessary to provide efficiently for forecast load growth; (6) however, a capital contribution may only be required in the circumstances described in subparagraphs (1) to (5) if provision for the costs has not already been made through existing distribution use of system charges or a tariff applicable to the connection. (d) If: (1) a connection asset ceases, within 7 years after its construction or installation, to be dedicated to the exclusive use of the retail customer occupying particular premises; and Authorised by the Chief Parliamentary Counsel 111 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) the retail customer is entitled, in accordance with the connection charge guidelines, to a refund of connection charges; the Distribution Network Service Provider must make the refund, and may recover the amount of the refund, by way of a connection charge, from the new users of the asset. (e) For the purposes of paragraph (d), a person is taken to be a new user of a connection asset if the asset comes to be used to provide a connection to that person's premises (f) For the purposes of this clause capital contribution includes a prepayment or financial guarantee. 5A.E.2 Itemised statement of connection charges A connection offer must be accompanied by a schedule containing an itemised statement of connection costs including (so far as relevant) the following: (a) applicable connection charges; (b) cost of network extension; (c) details of upstream augmentation required to provide the connection service and associated cost; (d) any other incidental costs and the basis of their calculation including, if relevant, costs of minor deviation from the standard specification for a basic connection service or a standard connection service (as the case may require). Authorised by the Chief Parliamentary Counsel 112 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 5A.E.3 Connection charge guidelines (a) The AER must develop and publish guidelines (connection charge guidelines) for the development of connection policies by Distribution Network Service Providers. (b) The purpose of the guidelines is to ensure that connection charges: (1) are reasonable, taking into account the efficient costs of providing the connection services arising from the new connection or connection alteration and the revenue a prudent operator in the circumstances of the relevant Distribution Network Service Provider would require to provide those connection services; and (2) provide, without undue administrative cost, a user-pays signal to reflect the efficient cost of providing the connection services; and (3) limit cross-subsidisation of connection costs between different classes (or subclasses) of retail customer; and (4) if the connection services are contestable – are competitively neutral. (c) The guidelines must: (1) describe the method for determining charges for premises connection assets; and Authorised by the Chief Parliamentary Counsel 113 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) describe the circumstances (or how to determine the circumstances) under which a Distribution Network Service Provider may receive a capital contribution, prepayment or financial guarantee from a retail customer or real estate developer for the provision of a connection service; and (3) describe how the amount of any such capital contribution, prepayment or financial guarantee is to be determined; and (4) establish principles for fixing a threshold (based on capacity or any other measure the AER thinks fit) below which retail customers (not being a non-registered embedded generator or a real estate developer) are exempt from any requirement to pay connection charges (or to give consideration in the form of a capital contribution, prepayment or financial guarantee) for an augmentation (other than an extension) to the distribution network necessary to make the connection; and (5) describe the methods for calculating the augmentation component for the connection assets and, if the augmentation consists of or includes an extension, the extension component of a connection charge; and Authorised by the Chief Parliamentary Counsel 114 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (6) describe the method for calculating: (i) the amount of a refund of connection charges for a connection asset when an extension asset originally installed to connect the premises of a single retail customer is used, within 7 years of its installation, to connect other premises and thus comes to be used for the benefit of 2 or more retail customers; and (ii) the threshold below which the refund is not payable; and (7) describe the treatment of augmentation assets. (d) The principles for establishing an exemption under paragraph (c)(4) must ensure that the exemption only operates in the following circumstances: (1) the connection is a low voltage connection; and (2) the connection would not normally require augmentation of the network beyond the extension to the distribution network necessary to make the connection; and Authorised by the Chief Parliamentary Counsel 115 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (3) the connection is not expected to increase the load on the distribution network beyond a level the Distribution Network Service Provider could reasonably be expected to cope with in the ordinary course of managing the distribution network. (e) In developing the guidelines, the AER must have regard to: (1) historical and geographical differences between networks; and (2) inter-jurisdictional differences related to regulatory control mechanisms, classification of services and other relevant matters; and (3) the circumstances in which connection services may be provided by persons other than Distribution Network Service Providers (and are therefore contestable). (f) In developing guidelines dealing with the method for calculating the amount of a refund of connection charges paid before a connection asset becomes a shared asset, the AER must have regard to: (1) the Distribution Network Service Provider's obligation to make the refund; and Authorised by the Chief Parliamentary Counsel 116 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) future projections of distribution network expansion and usage and any consequent effect on the Distribution Network Service Provider's capacity to finance the acquisition of augmentation assets out of increased revenue; and (3) the fact that the Distribution Network Service Provider's obligation to make the refund will expire after 7 years. (g) In developing guidelines under this clause, the AER must act in accordance with the distribution consultation procedures. 5A.E.4 Payment of connection charges (a) Connection charges payable in respect of a connection service must be paid to the Distribution Network Service Provider by the retail customer's retailer unless: (1) the retailer did not apply for the connection service and the Distribution Network Service Provider has notified the retail customer that the customer must pay the connection charge directly; or (2) the retail customer asks to pay the connection charge directly and the Distribution Network Service Provider agrees; or Authorised by the Chief Parliamentary Counsel 117 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (3) the Distribution Network Service Provider and the retailer agree that the Distribution Network Service Provider is to recover the connection charge from the retail customer. (b) If the retail customer pays, or is required to pay, a connection charge directly to a Distribution Network Service Provider under paragraph (a), the Distribution Network Service Provider must not recover that charge from the retail customer's retailer. (c) The Distribution Network Service Provider must separately identify each connection charge on the statement or invoice to the retailer. Note Rule 25 of the National Energy Retail Rules requires the listing of connection charges that are passed through by a retailer to a retail customer in the customer's bill. Part F—Formation and integration of connection contracts Division 1—Offer and acceptance – basic and standard connection services 5A.F.1 Distribution Network Service Provider's response to application (a) If the connection service sought by a connection applicant is a basic connection service or a standard connection service (and the applicant does not elect to apply for a negotiated connection contract), the Distribution Authorised by the Chief Parliamentary Counsel 118 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules Network Service Provider must make a connection offer to the applicant within: (1) 10 business days after receiving a properly completed application for the service and the additional information (if any) reasonably required under clause 5A.D.3(e); or (2) some other period agreed between the Distribution Network Service Provider and the connection applicant. (b) The connection offer must be in accordance with the relevant model standing offer and must include: (1) the date of the offer; and (2) details of the connection service to be provided; and (3) a statement of the connection charges payable by the connection applicant. 5A.F.2 Acceptance of connection offer (a) A connection offer to provide a basic connection service or standard connection service remains open for acceptance for 45 business days from the date of the offer and, if not accepted within that period, lapses unless the period for acceptance is extended by agreement between the connection applicant and the Distribution Network Service Provider. (b) This clause does not apply if the connection application is for an expedited connection. Authorised by the Chief Parliamentary Counsel 119 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 5A.F.3 Offer and acceptance—application for expedited connection (a) If: (1) a connection applicant requests an expedited connection in the connection application; and (2) the Distribution Network Service Provider is satisfied that the connection application is for a basic connection service or standard connection service that falls within the terms of the relevant model standing offer; and (3) the connection applicant indicates in the connection application that a connection offer in terms of the relevant model standing offer would be acceptable to the applicant, the Distribution Network Service Provider is taken to have made, and the connection applicant is taken to have accepted, a connection offer in terms of the relevant model standing offer on the date the Distribution Network Service Provider receives the application. (b) If a connection applicant applies for an expedited connection but the Distribution Network Service Provider does not agree that an offer in terms of any model standing offer is appropriate, the Distribution Network Service Provider must notify the connection applicant accordingly and draw the applicant's attention to the provisions of Authorised by the Chief Parliamentary Counsel 120 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules these Rules dealing with negotiated connection. Division 2—Offer and acceptance – negotiated connection 5A.F.4 Negotiated connection offer (a) A Distribution Network Service Provider must use its best endeavours to make a negotiated connection offer to the connection applicant within 65 business days after the date of the application for connection (but the time taken by the applicant to provide information reasonably sought by the Distribution Network Service Provider under clause 5A.C.3(a)(2) will not be counted). (b) A negotiated connection offer: (1) must be in the form of an offer to enter into a contract in specified terms; and (2) must comply with the minimum requirements set out in Schedule 5A.1. (c) If the connection applicant elected to extend the negotiations to supply services, the connection offer must contain terms and conditions relating to the supply services. (d) A negotiated connection offer must not include a connection charge that is inconsistent with the Distribution Network Service Provider's connection policy. Authorised by the Chief Parliamentary Counsel 121 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (e) A negotiated connection offer remains open for acceptance for 20 business days from the date of the offer and then lapses unless the period for acceptance is extended by agreement between the Distribution Network Service Provider and the connection applicant. Division 3—Formation of contract 5A.F.5 Acceptance of connection offer (a) If a connection offer to provide a connection service is accepted, the terms and conditions of the connection offer: (1) become terms and conditions of a connection contract formed between the Distribution Network Service Provider and the connection applicant; and (2) subject to rule 5A.F.6, are enforceable accordingly. (b) The Distribution Network Service Provider must, at the request of a connection applicant, provide a copy of: (1) the contract formed under paragraph (a); or (2) if that contract has been integrated with, and forms part of, a customer connection contract arising under the NERL—the integrated contract. Authorised by the Chief Parliamentary Counsel 122 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules Division 4—Contractual performance 5A.F.6 Carrying out connection work (a) A Distribution Network Service Provider must use its best endeavours to ensure that connection work is carried out within the applicable time limits fixed by the relevant provisions of the connection contract. (b) However, a Distribution Network Service Provider is not obliged to commence or continue with connection work if the connection applicant fails to comply with conditions that are to be complied with by the connection applicant. Examples The connection applicant fails to pay connection charges. The connection applicant fails to comply with technical or safety requirements. The connection applicant fails to complete work that is to be carried out on the connection applicant's premises. The connection applicant fails to comply with the Distribution Network Service Provider's reasonable request to allow the Distribution Network Service Provider safe and unhindered access to the applicant's premises. 5A.F.7 Retailer required for energisation where new connection A Distribution Network Service Provider is not required to energise a new connection unless a request to energise the new connection is submitted by a retailer, or the Distribution Network Service Provider is otherwise satisfied that there is a relevant Authorised by the Chief Parliamentary Counsel 123 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules contract with a retailer in relation to the premises. Part G—Dispute resolution between Distribution Network Service Providers and customers 5A.G.1 Relevant disputes (a) In this Part: customer means: (a) a retail customer; or (b) a real estate developer. relevant dispute means: (1) a dispute between a Distribution Network Service Provider and a customer about: (i) the terms and conditions on which a basic connection service or a standard connection service is to be provided; or (ii) the proposed or actual terms and conditions of a negotiated connection contract; or (2) a dispute between a Distribution Network Service Provider and a customer about connection charges. Authorised by the Chief Parliamentary Counsel 124 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (b) A relevant dispute is an access dispute for the purposes of section 2A of the Law. 5A.G.2 Determination of dispute (a) In determining a relevant dispute, the AER must (so far as applicable) give effect to: (1) the relevant connection policy; and (2) a relevant model standing offer to provide a basic or standard connection service; and (3) this Chapter and any other applicable regulatory instrument. (b) In determining a relevant dispute, the AER may also: (1) have regard to other matters the AER considers relevant; and (2) hear evidence or receive submissions from the Distribution Network Service Provider and the customer; and (3) if the dispute relates to a negotiated connection contract – have regard to the negotiation framework set out in clause 5A.C.3. 5A.G.3 Termination of proceedings (a) If the AER considers that a relevant dispute could be effectively resolved by some means other than an access determination, the AER may give the parties to the dispute notice of the Authorised by the Chief Parliamentary Counsel 125 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules alternative means of resolving the dispute. Example The AER might give such a notice if of the opinion that a particular dispute could be dealt with more efficiently, and with less expense, by a jurisdictional ombudsman. (b) The giving of such a notice is a specified dispute termination circumstance for the purposes of section 131(3) of the Law. Note It follows that the AER may exercise its power to terminate the dispute without making an access determination (See section 131(1)(d) of the Law).

SCHEDULE 5A.1—Minimum content requirements for connection contract Part A—Connection offer not involving embedded generation (a) A connection offer must contain: (1) a provision stating that a connection contract will be formed, and will come into operation, on acceptance of the connection offer; and (2) details of the connection point, the maximum capacity of the connection, and the connection assets required at the connection point; and Authorised by the Chief Parliamentary Counsel 126 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (3) details of the premises connection assets and additional equipment to be installed on the premises and responsibility for undertaking the work; and (4) details of any distribution network extension or other augmentation required for the purposes of the connection; and (5) an undertaking to complete the work required to establish the connection within a specified time frame; and (6) a requirement that the retail customer have appropriate metering installed; and (7) the relevant technical and safety obligations to be met by the retail customer relating to the installation; and (8) the retail customer's obligation to allow access to the premises by the Distribution Network Service Provider's agents, contractors and employees; and (9) the retail customer's obligation to accommodate on its premises, and protect from harm, any equipment necessary for the connection; and (10) details of the retail customer's monetary obligations including billing arrangements and any security to be provided by the customer; and Authorised by the Chief Parliamentary Counsel 127 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (11) details of the Distribution Network Service Provider's monetary obligations (if any) to the retail customer; and (12) a provision requiring the Distribution Network Service Provider to provide information about the connection to the retail customer; and (13) provision for amendment of the connection contract by agreement between the Distribution Network Service Provider and the retail customer. (b) A connection offer that relates to supply services must also deal with: (1) the Distribution Network Service Provider's power to interrupt or reduce the supply of electricity to the connection point; and (2) warranties and limitations on the Distribution Network Service Provider's liability; and (3) disconnection and reconnection; and (4) reporting and correction of faults; and (5) dispute resolution; and (6) ongoing customer obligations; and (7) termination of the connection contract. Authorised by the Chief Parliamentary Counsel 128 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules Part B—Connection offer involving embedded generation (a) A connection offer to a person who operates, or proposes to operate, an embedded generating unit (the embedded generator) must contain: (1) a provision stating that a connection contract will be formed, and will come into operation, on acceptance of the connection offer; and (2) details of the connection point, the maximum capacity of the connection to import and export electricity, and the embedded generator's installation required at the connection point; and (3) details of the premises connection assets and additional equipment to be installed on the premises and responsibility for undertaking the work; and (4) details of any distribution network extension or other augmentation required for the purposes of the connection; and (5) an undertaking to complete the work required to establish the connection within a specified time frame; and (6) a requirement that the embedded generator have appropriate metering installed; and Authorised by the Chief Parliamentary Counsel 129 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (7) the relevant technical and safety obligations to be met by the embedded generator relating to the installation; and (8) the embedded generator's obligation to allow access to the premises by the Distribution Network Service Provider's agents, contractors and employees; and (9) the embedded generator's obligation to accommodate on its premises, and protect from harm, any equipment necessary for the connection; and (10) details of the embedded generator's monetary obligations including billing arrangements and any security to be provided by the embedded generator; and (11) details of the Distribution Network Service Provider's monetary obligations (if any) to the embedded generator; and (12) a provision requiring the Distribution Network Service Provider to provide information about the connection to the embedded generator; and (13) provision for amendment of the connection contract by agreement between the Distribution Network Service Provider and the embedded generator. Authorised by the Chief Parliamentary Counsel 130 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (b) A connection contract that relates to supply services must also deal with: (1) the Distribution Network Service Provider's power to interrupt or reduce the supply of electricity to the connection point; and (2) warranties and limitations on the Distribution Network Service Provider's liability; and (3) disconnection and reconnection; and (4) reporting and correction of faults; and (5) dispute resolution; and (6) ongoing obligations of the Distribution Network Service Provider and the embedded generator; and (7) termination of the connection contract.". 5 Clause 6.1.2—Structure of Chapter 6 5.1 After clause 6.1.2(b)(4) of the National Electricity Rules insert— "(4A) Part DA deals with the preparation of, requirements for and approval of, connection policies;". 6 Clause 6.2.1—Classification of distribution services 6.1 At the foot of clause 6.2.1(a) of the National Electricity Rules insert— "Note If the AER decides against classifying a distribution service, the service is, subject to Chapter 5A, not regulated under the Rules.". Authorised by the Chief Parliamentary Counsel 131 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 7 Clause 6.2.2—Classification of direct control services as standard control services or alternative control services 7.1 In clause 6.2.2(c)(5) of the National Electricity Rules, for "customer" substitute "person". 8 New Part DA inserted in Chapter 6 8.1 After Part D of Chapter 6 of the National Electricity Rules insert— "Part DA—Connection policies 6.7A Connection policy requirements This Rule deals with the preparation of, requirements for and approval of connection policies. 6.7A.1 Preparation of, and requirements for, connection policy (a) A Distribution Network Service Provider must prepare a document (its proposed connection policy) setting out the circumstances in which it may require a retail customer or real estate developer to pay a connection charge, for the provision of a connection service under Chapter 5A. (b) The proposed connection policy: (1) must be consistent with: (i) the connection charge principles; and (ii) the connection charge guidelines; and Authorised by the Chief Parliamentary Counsel 132 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (2) must specify: (i) the categories of persons that may be required to pay a connection charge and the circumstances in which such a requirement may be imposed; and (ii) the aspects of a connection service for which a connection charge may be made; and Example The Distribution Network Service Provider might (for example) make separate connection charges for the provision of a connection asset and for making a necessary extension to, or other augmentation of, the distribution network. (iii) the basis on which connection charges are determined; and (iv) the manner in which connection charges are to be paid (or equivalent consideration is to be given); and Examples The payment (or equivalent consideration) might take the form of a capital contribution, prepayment or financial guarantee. (v) a threshold (based on capacity or any other measure identified in the connection charge Authorised by the Chief Parliamentary Counsel 133 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules guidelines) below which a retail customer (not being a non-registered embedded generator or a real estate developer) will not be liable for a connection charge for an augmentation other than an extension.". 9 Clause 6.8.2—Submission of regulatory proposal 9.1 After clause 6.8.2(c)(5) of the National Electricity Rules insert— "(5A) the proposed connection policy;". 10 Clause 6.12.1—Constituent decisions 10.1 For clause 6.12.1(17) of the National Electricity Rules substitute— "(17) a decision on the policies and procedures for assigning retail customers to tariff classes, or reassigning retail customers from one tariff class to another (including any applicable restrictions);". 10.2 After clause 6.12.1(20) of the National Electricity Rules insert— "(21) a decision on the connection policy that is to apply to the Distribution Network Service Provider for the regulatory control period (which may be the connection policy as proposed by the Distribution Network Service Provider, some variant of it, or a policy substituted by the AER).". Authorised by the Chief Parliamentary Counsel 134 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 11 Clause 6.12.3—Extent of AER's discretion in making distribution determinations 11.1 After clause 6.12.3(h) of the National Electricity Rules insert— "(i) The AER must approve the proposed connection policy if the AER is satisfied that it adequately complies with the requirements of Part DA. (j) If the AER refuses to approve the proposed connection policy, the approved amended connection policy must be: (1) determined on the basis of the current proposed connection policy; and (2) amended from that basis only to the extent necessary to enable it to be approved in accordance with the Rules. (k) The AER must approve a Distribution Network Service Provider's proposed tariff structure statement unless the AER is reasonably satisfied that the proposed tariff structure statement does not comply with the pricing principles for direct control services or other applicable requirements of the Rules. (l) If, in making a distribution determination in relation to a Distribution Network Service Provider, the AER refuses to approve the Distribution Network Service Provider's proposed tariff structure statement, the AER must include in that distribution determination an amended tariff structure statement which is: Authorised by the Chief Parliamentary Counsel 135 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules (1) determined on the basis of the Distribution Network Service Provider's proposed tariff structure statement; and (2) amended from that basis only to the extent necessary to enable it to be approved in accordance with the Rules.". 12 Clause 6.18.3—Tariff classes 12.1 In clause 6.18.3(c) of the National Electricity Rules, for "customers" (where twice occurring) substitute "retail customers". 12.2 In clause 6.18.3(d)(1) of the National Electricity Rules, for "customers" substitute "retail customers". 13 Clause 6.18.4—Principles governing assignment or re-assignment of retail customers to tariff classes and assessment and review of basis of charging 13.1 In the heading to clause 6.18.4 of the National Electricity Rules, for "customers" substitute "retail customers". 13.2 In clause 6.18.4(a) of the National Electricity Rules, for "customers" (wherever occurring) substitute "retail customers". 14 Clause 6.18.6—Side constraints on tariffs for standard control services 14.1 In clause 6.18.6(d)(2) of the National Electricity Rules, for "customers" substitute "retail customers". 15 Clause 6.18.7—Recovery of designated pricing proposal charges 15.1 In clause 6.18.7(a) of the National Electricity Rules, for "customers" substitute "retail customers". Authorised by the Chief Parliamentary Counsel 136 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules 15.2 In clause 6.18.7(b) of the National Electricity Rules, for "customers" substitute "retail customers". 15.3 In clause 6.18.7(c)(2) of the National Electricity Rules, for "customers" substitute "retail customers". 16 Clause 6.19.2—Confidentiality of distribution network pricing information 16.1 In clause 6.19.2(b) of the National Electricity Rules, for "customer" substitute "retail customer". 17 Insertion of definitions in Chapter 10 17.1 Insert the following definitions in alphabetical order in Chapter 10 of the National Electricity Rules— "basic connection service Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. basic micro EG connection service Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. connection alteration Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. connection application Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. connection charge Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. Authorised by the Chief Parliamentary Counsel 137 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules connection charge guidelines Has the meaning given in clause 5A.D.3. connection charge principles Has the meaning given in clause 5A.E.1. connection contract Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. connection offer Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. connection policy Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. customer connection service Has (in the context of Chapter 6B) the meaning given in clause 6B.A1.2. energy laws Has the meaning given in section 2(1) of the NERL energy ombudsman Has the same meaning as in the NERL. enquiry Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1 micro EG connection Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1 Authorised by the Chief Parliamentary Counsel 138 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules micro embedded generator Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1 model standing offer Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. new connection Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1 premises connection assets Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1 real estate developer Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1 real estate development Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1 retail customer Has the same meaning as in the National Electricity Law. Otherwise, a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by these Rules for the purposes of this definition. Note: In the context of Chapter 5A, the above definition has been supplemented by a definition specifically applicable to that Chapter. See clause 5A.A.1. Authorised by the Chief Parliamentary Counsel 139 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 2—Amendment of National Electricity Rules retailer Has the same meaning as in the National Electricity Law. Otherwise, a Customer who engages in the activity of selling electricity to end users. standard connection service Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1. supply service Has (in the context of Chapter 5A) the meaning given in clause 5A.A.1". 17.2 In Chapter 10 of the National Electricity Rules, at the foot of the definition of confidential information, insert— "Note: In the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.". 17.3 In Chapter 10 of the National Electricity Rules, at the foot of the definition of connect, connected, connection, insert— "Note: In the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.". 17.4 In Chapter 10 of the National Electricity Rules, at the foot of the definition of connection service, insert— "Note: In the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.". Authorised by the Chief Parliamentary Counsel 140 National Electricity (Victoria) Act 2005 No. 8 of 2005

Schedule 2—Amendment of National Electricity Rules 17.5 In Chapter 10 of the National Electricity Rules, at the foot of the definition of contestable, insert— "Note: In the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.". 17.6 In Chapter 10 of the National Electricity Rules, at the foot of the definition of Embedded Generator, insert— "Note: In the context of Chapter 5A, the above definition has been displaced by a definition specifically applicable to that Chapter. See clause 5A.A.1.". Authorised by the Chief Parliamentary Counsel 141 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 3—Transitional provisions for retail customer connection arrangements Sch. 3 inserted by Schedule 3—Transitional provisions for No. 24/2016 s. 6. retail customer connection arrangements Section 16T Part 1—Preliminary 1 Definitions (1) In this Schedule— applicable regulatory control period, for a distribution company, means the regulatory control period imposed under the next distribution determination which applies to the distribution company; distribution company means any of the following companies— (a) Citipower Pty Ltd (ACN 064 651 056); (b) Jemena Electricity Networks (Vic) Ltd (ACN 064 651 083); (c) Powercor Australia Ltd (ACN 064 651 109); (d) AusNet Electricity Services Pty Ltd (ACN 064 651 118); (e) United Energy Distribution Pty Limited (ACN 064 651 029); next distribution determination, for a distribution company, means the first distribution determination made after the relevant distribution determination which applies to the distribution company; relevant distribution determination, for a distribution company, means the 2016-2020 distribution determination made by the AER under the National Electricity Rules that applies to the Authorised by the Chief Parliamentary Counsel 142 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 3—Transitional provisions for retail customer connection arrangements distribution company (as amended or substituted from time to time); relevant provisions means Chapter 5A and Part DA of Chapter 6 of the National Electricity Rules; specified date means a date specified by the Minister under clause 2(1); transition period, for a distribution company, means the period— (a) beginning on the day on which section 6 of the National Electricity (Victoria) Further Amendment Act 2016 comes into operation; and (b) ending on the day on which the applicable regulatory control period for that distribution company commences. (2) Words and expressions used in the National Electricity Rules have the same respective meanings in this Schedule as they have in those Rules. 2 Minister may specify date for purposes of certain clauses (1) The Minister, by notice published in the Government Gazette, may specify a date for the purposes of clause 4, 6, 7 or 8. (2) To avoid doubt, the Minister may specify more than one date under subclause (1) for the purposes of clause 4, 6, 7 or 8, including a date that replaces an earlier specified date. 3 Transitional operation of relevant provisions (1) During the transition period, the relevant provisions operate subject to the exclusions, qualifications and modifications prescribed by this Schedule. Authorised by the Chief Parliamentary Counsel 143 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 3—Transitional provisions for retail customer connection arrangements (2) However, the relevant provisions operate without the exclusions, qualifications and modifications prescribed by this Schedule insofar as they relate to a period beyond the transition period. Example A distribution company which submits a regulatory proposal for the regulatory control period that follows the distribution company's transition period is bound by the relevant provisions (without exclusion, qualification or modification) in relation to the regulatory proposal even though the proposal is submitted during the transition period. (3) A transaction commenced by or with a distribution company during the transition period may be continued and completed after the transition period without regard to changes to the rules governing the transaction that take effect at the end of the transition period. 4 Extended meaning of some terms During the transition period— (a) a basic connection service includes not only a connection service for which a model standing offer has been approved by the AER (see paragraph (c) of the definition in clause 5A.A.1 of the National Electricity Rules) but also one for which the AER's approval of a model standing offer is not required; and (b) a standard connection service includes not only a connection service for which a model standing offer has been approved by the AER (see the definition in clause 5A.A.1 of the National Electricity Rules) but also one for which the AER's approval of a model standing offer is not required; and Authorised by the Chief Parliamentary Counsel 144 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 3—Transitional provisions for retail customer connection arrangements (c) a model standing offer includes a document prepared and published by a distribution company, without the AER's approval, as a model standing offer to have effect during the transition period (but not beyond the specified date). Part 2—Exclusions, qualifications and modifications 5 Connection policy A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be taken to be the distribution company's connection policy if— (a) it sets out the circumstances in which connection charges are payable and the basis for determining the amount of such charges; and (b) it is consistent with— (i) the connection charge principles and the connection charge guidelines; and (ii) legislation of Victoria that regulates electricity in Victoria, or any instrument made or issued under or for the purposes of that legislation; and (iii) the relevant distribution determination for the distribution company (if applicable). 6 Model standing offer (basic connection services) (1) A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be regarded as a model standing offer to provide basic connection services until the Authorised by the Chief Parliamentary Counsel 145 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 3—Transitional provisions for retail customer connection arrangements specified date if it complies with the requirements of clause 5A.B.2(b) of the National Electricity Rules as to its terms and conditions. (2) If, before the specified date, the AER approves a model standing offer for the same basic connection services, the approved model standing offer supersedes the former model standing offer. (3) A distribution company's obligation to have a model standing offer to provide basic connection services (clause 5A.B.1 of the National Electricity Rules) operates during the transition period but the AER's approval of the standing offer is not required until the specified date. 7 Model standing offer (standard connection services) (1) A document, prepared by a distribution company and published on the distribution company's Internet site, will (although not approved by the AER) be regarded as a model standing offer to provide standard connection services until the specified date if it complies with the requirements of clause 5A.B.4(c) of the National Electricity Rules as to its terms and conditions. (2) If, before the specified date, the AER approves a model standing offer for the same standard connection services, the approved model standing offer supersedes the former model standing offer. (3) A distribution company may submit for the AER's approval a proposed model standing offer to provide standard connection services (clause 5A.B.4 of the National Electricity Rules) before the specified date, but the AER's approval of the model standing offer is not required until the specified date. Authorised by the Chief Parliamentary Counsel 146 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 3—Transitional provisions for retail customer connection arrangements 8 Amendment of standing offers Until the specified date, a distribution company may amend a standing offer to provide basic connection services or standard connection services by publishing the amendments and the amended text on its Internet site. (This clause applies until the specified date to the exclusion of clause 5A.B.6 of the National Electricity Rules). Part 3—General provisions 9 Connection charges A distribution company must comply with its connection policy and any other applicable regulatory obligation or requirement when calculating or imposing a connection charge for the transition period. 10 References A reference to any of the relevant provisions in a legislative or other instrument will be construed, during the transition period, as a reference to the provision as modified by this Schedule. 11 Authorisation of certain relevant distribution determinations (1) This clause applies if— (a) the AER made a relevant distribution determination under the Rules on or after section 6 of the National Electricity (Victoria) Further Amendment Act 2016 was enacted, but before the commencement of that section; and (b) the AER made that determination as if the Rules had been amended by Schedule 2. Authorised by the Chief Parliamentary Counsel 147 National Electricity (Victoria) Act 2005 No. 8 of 2005

Schedule 3—Transitional provisions for retail customer connection arrangements (2) For the purposes of the National Electricity (Victoria) Law and the Rules, the relevant distribution determination (to the extent it has been made as if the Rules under which the determination was made were the Rules as amended by Schedule 2)— (a) is taken to be authorised to have been made under the Rules; and (b) has effect from that commencement subject to that Law or Rules so applying. Authorised by the Chief Parliamentary Counsel 148 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers Schedule 4—Modifications for wholesale Sch. 4 inserted by electricity markets and network No. 1/2017 s. 18. service providers Section 16U 1 Definitions 1.1 Section 2 of the NEL applies as a law of Victoria as if— (a) before "In this Law" there were inserted "(1)"; and (b) the following definitions were inserted in it (in the appropriate alphabetical place)— "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 Authorised by the Chief Parliamentary Counsel 149 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers (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; civil penalty provision—see section 2AA(1); conduct provision—see section 2AA(2); connection service means a connection service within the meaning of the Rules; energy ombudsman means a person administering a customer dispute resolution scheme approved by the Essential Services Commission that is referred to in section 28 of the Electricity Industry Act 2000 of Victoria; National Gas Law means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; National Gas Rules has the same meaning as in the National Gas Law; rebidding civil penalty provision means a provision of the Rules that is prescribed by the Regulations to be a rebidding civil penalty provision; retail customer means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who Authorised by the Chief Parliamentary Counsel 150 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers is of a class of persons) prescribed by the Rules for the purposes of this definition; retailer has the same meaning as in the Electricity Industry Act 2000 of Victoria; Rule dispute means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules;"; and (c) for the definition of end user there were substituted— "end user means a person who acquires electricity for consumption purposes, and includes a retail customer;"; and (d) the definitions of recognised energy industry ombudsman and relevant participant were omitted; and (e) at the end of the section there were inserted— "(2) A reference in this Law to an end user includes a reference to a prospective end user.". 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 Authorised by the Chief Parliamentary Counsel 151 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers 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. 2AA—Meaning of civil penalty provision and conduct provision (1) A civil penalty provision is— (a) a provision of this Law specified in the Table at the foot of this subsection; or (b) a rebidding civil penalty provision; or (c) a provision of this Law (other than an offence provision) or the Rules that is prescribed by the Regulations to be a civil penalty provision. Table Provision Section heading Section 11(1), (2), Electricity market activities (3) and (4) in this jurisdiction Section 14A Regulated transmission system operator must comply with transmission determination Authorised by the Chief Parliamentary Counsel 152 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers Provision Section heading Section 14B Regulated distribution system operator must comply with distribution determination 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), Augmentation (4) and (5) Section 53C(3) Compliance with market and (4) information instrument Section 136 Compliance with access determination Section 157(1) Preventing or hindering access (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.". 3 New section 10A inserted 3.1 The NEL applies as a law of Victoria as if after section 10 there were inserted— "10A—Corporations Act displacement (1) The National Electricity (Victoria) Regulations may declare a relevant provision to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act 2001 of the Authorised by the Chief Parliamentary Counsel 153 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers Commonwealth in relation to the provisions of Chapter 5 of that Act. (2) In this section— relevant provision means a provision of the Rules that relates to any of the following: (a) the application by AEMO of money in any security deposit fund; (b) the functions of AEMO under procedures relating to defaults by retailers.". 4 Electricity market activities in this jurisdiction 4.1 Section 11 of the NEL applies as a law of Victoria as if— (a) for the reference to "section 58" in the note at the foot of section 11(1) there were substituted "section 2AA(1)"; and (b) for the reference to "section 58" in the note at the foot of section 11(2) there were substituted "section 2AA(1)"; and (c) for the reference to "section 58" in the note at the foot of section 11(3) there were substituted "section 2AA(1)"; and (d) for the reference to "section 58" in the note at the foot of section 11(4) there were substituted "section 2AA(1)". 5 Regulated transmission system operator must comply with transmission determination 5.1 Section 14A of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)". Authorised by the Chief Parliamentary Counsel 154 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers 6 Regulated distribution system operator must comply with distribution determination 6.1 Section 14B of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)". 7 Functions and powers of AER 7.1 Section 15(1)(c)(i) of the NEL applies as a law of Victoria as if for the words "relevant participants" in that paragraph there were substituted "persons". 8 Manner in which AER performs AER economic regulatory functions or powers 8.1 Section 16(2)(b) of the NEL applies as a law of Victoria as if after the word "economic" in that paragraph there were inserted "regulatory". 9 Compliance with regulatory information notice that is served 9.1 Section 28N of the NEL applies as a law of Victoria as if at the foot of that section there were inserted— "Note— This section is a civil penalty provision.". 10 Compliance with general regulatory information order 10.1 Section 28O of the NEL applies as a law of Victoria as if at the foot of that section there were inserted— "Note— This section is a civil penalty provision.". Authorised by the Chief Parliamentary Counsel 155 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers 11 Section 28ZD substituted 11.1 The NEL applies as a law of Victoria as if for section 28ZD there were substituted— "28ZD—Use of information provided under a notice under section 28 or a regulatory information instrument The AER may use information provided to it by a person in compliance with a notice under section 28 or a regulatory information instrument for any purposes connected with the performance or exercise of a function or power of the AER under— (a) this Law or the Rules; or (b) the National Gas Law or the National Gas Rules.". 12 AER enforcement guidelines 12.1 Section 28ZF(1) of the NEL applies as a law of Victoria as if— (a) in paragraph (b), for the reference to "section 74." in that paragraph there were substituted "section 74; or"; and (b) after paragraph (b) there were inserted— "(c) accepting an enforceable undertaking under section 59A.". 13 New sections 28ZH and 28ZI inserted 13.1 The NEL applies as a law of Victoria as if after section 28ZG there were inserted— "28ZH—Single documentation (1) This section applies if the AER is authorised to prepare a document under this Law or the Rules for a purpose and is also authorised to prepare a Authorised by the Chief Parliamentary Counsel 156 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers document or documents under any of the following: (a) the National Gas Law; (b) the National Gas Rules, for the same or a similar, related or corresponding purpose. (2) The AER may satisfy the requirements of this Law and the Rules regarding the document under this Law and the Rules by preparing and making (and where relevant publishing) a single document. Note— See also section 68A of the National Gas Law. 28ZI—Use of information (1) The AER may use the information obtained under this Law or the Rules for a purpose connected with the performance or exercise of a function or power of the AER under any of the following: (a) the National Gas Law; (b) the National Gas Rules. (2) The AER may use the information obtained under any such Law or Rules for a purpose connected with the performance or exercise of a function or power of the AER under this Law or the Rules. Authorised by the Chief Parliamentary Counsel 157 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers (3) This section does not limit any other provision of this Law that provides for the use of information obtained under this Law or the Rules. Note— See also section 68B of the National Gas Law.". 14 Network agreement 14.1 Section 50D(1) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted— "Note— Subsection (1) is a civil penalty provision.". 15 Augmentation 15.1 Section 50F of the NEL applies as a law of Victoria as if for the reference to "section 58" in the note at the foot of that section there were substituted "section 2AA(1)". 16 Compliance with market information instrument 16.1 Section 53C(3) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted— "Note— Subsection (3) is a civil penalty provision.". 16.2 Section 53C(4) of the NEL applies as a law of Victoria as if at the foot of that section there were inserted— "Note— Subsection (4) is a civil penalty provision.". 17 Disclosure required or permitted by law etc. 17.1 Section 54C(2) of the NEL applies as a law of Victoria as if for paragraph (f) there were substituted— Authorised by the Chief Parliamentary Counsel 158 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers "(f) if the information is reasonably required by an energy ombudsman to resolve a dispute between a Registered participant and a retail customer but the information is not end-use consumer information—the energy ombudsman;". 18 Omission of section 58 18.1 The NEL applies as a law of Victoria as if section 58 were omitted. 19 New Division 1A of Part 6 inserted 19.1 The NEL applies as a law of Victoria as if after Division 1 of Part 6 there were inserted— "Division 1A—Enforceable undertakings 59A—Enforceable undertakings (1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules. (2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER. (3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4). (4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders: Authorised by the Chief Parliamentary Counsel 159 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers (a) an order directing the person to comply with that term of the undertaking; (b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach; (c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach; (d) any other order that the Court considers appropriate.". 20 Time limit within which AER may institute proceedings 20.1 Section 60 of the NEL applies as a law of Victoria as if— (a) before "A proceeding" there were inserted "(1)"; and (b) for the words "relevant participant" in that section there were substituted "person"; and (c) at the end of that section there were inserted— "(2) A person, other than the AER, may only institute a proceeding for a breach of a conduct provision by another person within 6 years after the date on which the breach occurred.". Authorised by the Chief Parliamentary Counsel 160 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers 21 Proceedings for breaches of a provision of this Law, the Regulations or the Rules that are not offences 21.1 Section 61(1), (2), (3) and (4) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person". 22 New sections 61A and 61B inserted 22.1 The NEL applies as a law of Victoria as if after section 61 there were inserted— "61A—Proceedings for declaration that a person is in breach of a conduct provision (1) The Court may make an order, on application by a person other than the AER, declaring that another person is in breach of a conduct provision. (2) If the order declares a person to be in breach of a conduct provision, the order may include one or more of the following: (a) an order that the person in breach cease, within a specified period, the act, activity or practice constituting the breach; (b) an order that the person in breach take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; (c) an order that the person in breach implement a specified program for compliance with this Law, the Regulations and the Rules; (d) an order of a kind prescribed by the Regulations. Authorised by the Chief Parliamentary Counsel 161 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers (3) If a person has engaged, or is engaging or proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction— (a) restraining the first mentioned person from engaging in the conduct; and (b) if, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something. (4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised— (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind. Authorised by the Chief Parliamentary Counsel 162 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers 61B—Actions for damages by persons for breach of conduct provisions A person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction.". 23 Matters for which there must be regard in determining amount of civil penalty 23.1 Section 64 of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in that section) there were substituted "person". 24 Conduct in breach of more than one civil penalty provision 24.1 Section 67(1) and (2) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person". 25 Section 68 substituted and new section 68A inserted 25.1 The NEL applies as a law of Victoria as if for section 68 there were substituted— "68—Persons involved in breach of civil penalty provision or conduct provision (1) A person must not— (a) aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or (b) be in any way directly or indirectly knowingly concerned in, or a party to, a breach of a civil Authorised by the Chief Parliamentary Counsel 163 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers penalty provision or conduct provision by another person. (2) This Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision. 68A—Attempt to breach civil penalty provision A person who attempts to commit a breach of a civil penalty provision commits a breach of that provision.". 26 Civil penalties payable to the Commonwealth 26.1 Section 69 of the NEL applies as a law of Victoria as if for the words "relevant participant" in that section there were substituted "person". 27 Power to serve a notice 27.1 Section 74(1) and (2) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person". 28 Form of notice 28.1 Section 75(i) of the NEL applies as a law of Victoria as if for the words "relevant participant" in that paragraph there were substituted "person". 29 Withdrawal of notice 29.1 Section 79(1) and (2) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person". Authorised by the Chief Parliamentary Counsel 164 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers 30 Payment expiates breach of civil penalty provision 30.1 Section 81 of the NEL applies as a law of Victoria as if for the words "relevant participant" in that section there were substituted "person". 31 Conduct in breach of more than one civil penalty provision 31.1 Section 83(1) and (2) of the NEL applies as a law of Victoria as if for the words "relevant participant" (wherever occurring in those subsections) there were substituted "person". 32 Section 86 substituted 32.1 The NEL applies as a law of Victoria as if for section 86 there were substituted— "86—Corporations also in breach if officers and employees are in breach If an officer or employee of a corporation commits an act in their capacity as officer or employee of the corporation that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the Regulations or the Rules, the corporation is taken to have contravened that provision.". 33 AEMC may make Rules that are consequential to a Rule request 33.1 Section 91B of the NEL applies as a law of Victoria as if for subsection (1) of that section there were substituted— "(1) Despite section 91(2), the AEMC may, having regard to a request to make a Rule under section 91(1), make a Rule under this Law or the National Gas Law that is necessary or consequential, or corresponds, to the Rule.". Authorised by the Chief Parliamentary Counsel 165 National Electricity (Victoria) Act 2005 No. 8 of 2005 Schedule 4—Modifications for wholesale electricity markets and network service providers 34 Immunity in relation to failure to supply electricity 34.1 Section 120 of the NEL applies as a law of Victoria as if— (a) after subsection (2) of that section there were inserted— "(2A) Subsection (2) does not apply in relation to an agreement between a retailer, or a regulated distribution system operator, and a person who is a small customer."; and (b) in subsection (4) of that section the following definitions were inserted (in the appropriate alphabetical place)— "business customer means a customer who is not a residential customer; business premises means premises of a business customer, other than premises used solely or principally for personal, household or domestic use; customer means a person— (a) to whom electricity is sold for premises by a retailer; or (b) who proposes to purchase electricity for premises from a retailer; residential customer means a customer who purchases electricity principally for personal, household or domestic use at premises; Authorised by the Chief Parliamentary Counsel 166 National Electricity (Victoria) Act 2005 No. 8 of 2005

Schedule 4—Modifications for wholesale electricity markets and network service providers small customer means a customer— (a) who is a residential customer; or (b) who is a business customer who consumes less than the prescribed amount of electricity at business premises;". 35 Compliance with access determination 35.1 Section 136 of the NEL applies as a law of Victoria as if at the foot of that section there were inserted— "Note— This section is a civil penalty provision.". 36 Preventing or hindering access 36.1 Section 157(1) of the NEL applies as a law of Victoria as if at the foot of that subsection there were inserted— "Note— Subsection (1) is a civil penalty provision.". ═══════════════ Authorised by the Chief Parliamentary Counsel 167 National Electricity (Victoria) Act 2005 No. 8 of 2005 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 24 February 2005 Legislative Council: 24 March 2005 The long title for the Bill for this Act was "to make provision for the operation of the national electricity market, to repeal the National Electricity (Victoria) Act 1997, to amend the Electricity Industry Act 2000, the Electricity Industry (Residual Provisions) Act 1993 and the Interpretation of Legislation Act 1984 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 24 February 2005 Legislative Council: 24 March 2005 Absolute majorities: Legislative Assembly: 23 March 2005 Legislative Council: 20 April 2005 The National Electricity (Victoria) Act 2005 was assented to on 27 April 2005 and came into operation on 1 July 2005: Special Gazette (No. 120) 28 June 2005 page 2. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in

Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Authorised by the Chief Parliamentary Counsel 168 National Electricity (Victoria) Act 2005 No. 8 of 2005 Endnotes Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 169 National Electricity (Victoria) Act 2005 No. 8 of 2005 Endnotes 2 Table of Amendments This publication incorporates amendments made to the National Electricity (Victoria) Act 2005 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 44) on 27.6.07: s. 2(1) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 National Electricity (Victoria) Amendment Act 2007, No. 66/2007 (as amended by No. 59/2008) Assent Date: 11.12.07 Commencement Date: S. 6 on 12.12.07: s. 2(2); ss 3–4 on 1.1.08: Government Gazette 20.12.07 p. 3118; s. 5 on 1.1.09: s. 2(3) Current State: All of Act in operation Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009 Assent Date: 17.6.09 Commencement Date: Ss 3, 4 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Electricity Industry Amendment (Premium Solar Feed-in Tariff) Act 2009, No. 41/2009 Assent Date: 5.8.09 Commencement Date: S. 15 on 1.11.09: Government Gazette 29.10.09 p. 2729 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Energy and Resources Legislation Amendment Act 2010, No. 55/2010 Assent Date: 14.9.10 Commencement Date: Ss 38–44 on 14.10.10: Government Gazette 14.10.10 p. 2404 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Authorised by the Chief Parliamentary Counsel 170 National Electricity (Victoria) Act 2005 No. 8 of 2005 Endnotes Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010 Assent Date: 19.10.10 Commencement Date: S. 29 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Act 2011, No. 64/2011 Assent Date: 22.11.11 Commencement Date: Ss 23, 24 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 29) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Energy Legislation Amendment Act 2012, No. 51/2012 Assent Date: 18.9.12 Commencement Date: Ss 10, 11 on 27.9.12: Special Gazette (No. 324) 26.9.12 p. 1 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Energy Legislation Amendment (Flexible Pricing and Other Matters) Act 2013, No. 11/2013 Assent Date: 13.3.13 Commencement Date: Ss 11–19 on 18.4.13: Special Gazette (No. 141) 16.4.13 p. 2 Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 33) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 Authorised by the Chief Parliamentary Counsel 171 National Electricity (Victoria) Act 2005 No. 8 of 2005 Endnotes National Electricity (Victoria) Amendment Act 2015, No. 46/2015 Assent Date: 22.9.15 Commencement Date: Ss 3, 4 on 1.11.15: Special Gazette (No. 317) 27.10.15 p. 1 Current State: All of Act in operation National Electricity (Victoria) Further Amendment Act 2016, No. 24/2016 Assent Date: 10.5.16 Commencement Date: Ss 3–6 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1 Current State: All of Act in operation Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017 Assent Date: 14.2.17 Commencement Date: Ss 16–18 on 1.1.18: s. 2(3) Current State: This information relates only to the provision/s amending the National Electricity (Victoria) Act 2005 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 172 National Electricity (Victoria) Act 2005 No. 8 of 2005 Endnotes 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel 173 National Electricity (Victoria) Act 2005 No. 8 of 2005 Endnotes 4 Explanatory details No entries at date of publication. Authorised by the Chief Parliamentary Counsel 174