ALERT DIGEST 14 of 1994

Part 9

ELECTRICITY INDUSTRY (FURTHER AMENDMENT) BILL

27.1

This Bill was introduced into the Legislative Assembly on 10 November 1994 by The Honourable Jim Plowman MP with The Honourable Alan Stockdale MP.

27.2

This Bill makes further provision for the restructuring of the electricity industry.

27.3 _Ż Part 2 - Amendment of Electricity Industry Act 1993

Clause 5 abolishes Generation Victoria. Clause 6 inserts new sections 12A and 12B into the Act to give the generation companies a right to explore for or mine coal on land within the Latrobe area. It also creates a brown coal levy payable by each generation company. Clause 13 inserts a new Division 1A into Part 5 of the Act to provide for the transfer of certain liabilities of SEC to the electricity corporations or other persons nominated in writing by the Minister.

Clause 16 inserts a new Part 6A into the Act which imposes a levy. It provides that a distribution company and any other person which purchases electricity in the market for wholesale trading in electricity operated and administered by Victorian Power Exchange ("VPX")must pay to Victorian Power Exchange a levy in respect of the electricity it purchases in that market. Victorian Power Exchange must pay the amounts received by it to the State. Clause 20 amends section 96 which relates to annual reports. It provides that the operations of a municipal council that conducted an electrical undertaking for the year ended 30 June 1995 must be incorporated into such reports.

Clause 21 inserts a new section 106A which provides for the liability of National Electricity to pay a fine for an offence to be allocated to a person nominated by the Minister. Clause 23 provides for the liability of ESV to pay a fine for an offence to be allocated to a distribution company or person. Clause 24 clarifies the benefits to which a transferred ESV employee is entitled.

27.4 _Ż Part 4 - Further restructuring

Clause 25 inserts a new Part 11A which provides for the transfer of property and staff of Generation Victoria. Clause 27 inserts a new section 158A into the Act which enables the Governor in Council to regulate tariffs for the sale of electricity to franchise customers, charges for connection to, and the use of, any distribution system or the transmission system and any other prices in respect of goods and services declared in respect of the electricity industry. Any such tariffs must be published in the Government Gazette. Clause 28 amends section 163 of the Act to provide that licence conditions may require the licensee to develop, issue and comply with customer-related standards.

Clause 29 provides that a distribution company that supplies electricity to franchise customers must pay the Treasurer a franchise fee which is determined by the Governor in Council and published in the Government Gazette. Clause 33 substitutes VPX for PoolCo and inserts various definitions.

27.8 _Ż Amendment of other Acts

Clauses 34 to 38 make consequential amendments. Clause 39 amends the State Electricity Commission Act 1958. The Commission must not without the written approval of the Treasurer enter into a contract for the provision of financial accommodation which is greater than $50,000. Clause 43 inserts a new Part 6A into the Financial Management Act 1994 which authorises the Treasurer to give indemnities to eligible directors of statutory authorities, State companies and certain other persons. Schedule 1 makes consequential amendments.

The Committee makes no further comment.

JUDICIAL REMUNERATION TRIBUNAL BILL

28.1

This Bill was introduced into the Legislative Assembly on 10 November 1994 by The Honourable Jan Wade MP with The Honourable Phil Gude MP.

28.2

This Bill establishes a Judicial Remuneration Tribunal and makes further provision in relation to salary and allowances of Judges of the Supreme Court, Judges of the County Court, magistrates and other persons.

28.3

Part 2 establishes a Judicial Remuneration Tribunal. Part 3 sets out the various functions and duties of the Tribunal. Clause 14 provides that the Attorney-General must table a copy of the Tribunal's report in the Parliament within 10 sitting days of its receipt. If the Attorney-General does not accept or proposes to vary a recommendation in the report, he or she must table a copy of the reasons for not accepting or for varying that recommendation within 10 sitting days after the report has been laid in the Parliament.

28.4 _Ż Amendment of other Acts

Clause 16 raises the age at which a Supreme Court judge may elect to become a reserve judge from 60 years to 65 years. The amendment only affects those judges appointed after the commencement of the provision. Clause 17 sets out the current salaries of the Chief Justice and other puisne judges. It removes the current provisions which relate to the matters to be taken into account when determining increases. These provisions are in effect replaced by the establishment of the Tribunal. It also removes the nexus between federal court judges and Victorian Supreme Court judges. It preserves current entitlements.

Clause 18 changes the eligibility requirements of Supreme Court judges. Judges appointed after the commencement of this section will be required to attain the age of 65 years and serve 10 years in office before they are eligible for the pension. A judge who serves 20 years will be entitled to a full pension regardless of the age at which they retire. Subclause (2) makes provision for judges who are 60 years of age at the time of appointment. It also provides for judges who are 60 years of age at the time of appointment but who then become inflicted with some permanent incapacity. A judge appointed over the age of 60 will be entitled to a pro rata pension provided he or she remains in office until the age of 70 years.

Clause 19 sets out the current salaries of Master of the Supreme Court and provides that the salaries may be increased in accordance with the procedures set out in the new Act. Clause 20 incorporates the new provisions in relation to the eligibility of masters for the pension. Clause 21 sets out the current salaries of the Chief Judge of the County Court and other County Court judges. Clause 22 raises the age of reserve judges from 60 to 65 years. It only affects those judges appointed after the commencement of this Act. Clause 23 inserts the same new pension provisions in respect of County Court judges.

Clause 24 provides that County Court Masters' remuneration is payable in accordance with section 17AA of the County Court Act 1958. Previously, the remuneration of masters was fixed by the Governor in Council. Clause 25 inserts the new section 17AA which provides for the salaries and allowances of masters. Clause 26 makes provision for pensions of County Court Masters.

Clause 27 sets out the current salaries of the Chief Magistrate, the Deputy Magistrate and magistrates. It enables salaries to be adjusted in accordance with the new procedures in the new Act. It preserves current entitlements. Clause 28 amends section 9 of the Coroners Act 1985 to provide that a coroner is entitled to be paid the salary as set out in the instrument of appointment or at such higher rate as certified by the Attorney-General.

The Committee makes no further comment.

PLANNING AUTHORITIES REPEAL BILL

29.1

This Bill was introduced into the Legislative Assembly on 10 November 1994 by The Honourable Rob McClellan MP with The Honourable Phil Gude MP.

29.2

The purposes of the Bill are to:-

provide for the winding up of the Loddon-Campaspe Regional Planning Authority and the Upper Yarra Valley and Dandenong Ranges Authority;
repeal the Loddon-Campaspe Regional Planning Authority Act 1987 and the Upper Yarra Valley and Dandenong Ranges Authority Act 1976;
amend the Planning and Environment Act 1987 to provide for the continuation of the approved regional strategy plan made under the Upper Yarra Valley and Dandenong Ranges Authority Act 1976.

29.3

Part 2 provides for the winding up of the Loddon-Campaspe Regional Planning Authority. The Governor in Council may appoint an administrator. Part 3 provides for the winding up of the Upper Yarra Valley and Dandenong Ranges Authority.

Part 4 amends the Planning and Environment Act 1987. It inserts a new Part 3A which provides for a regional strategy plan in the Upper Yarra Valley and Dandenong Ranges. The Minister may prepare an amendment to the approved regional strategy plan. Any amendment must be laid before each House of Parliament and must be approved by a resolution by each House. The Minister must not approve any amendment which is inconsistent with the approved regional strategy plan. Works must be performed in accordance with the approved regional strategy plan.

The Committee makes no further comment.

CONTINUE browsing Alert Digest 14 of 1994

Last update 22/7/99
ŠParliament of Victoria