Hansard debates

ENERGY LEGISLATION AMENDMENT (FEED-IN TARIFFS AND
OTHER MATTERS) BILL 2013 
Introduction and first reading 
Received from Assembly.
Read first time  for

 Hon.  P. R. HALL (Minister for Higher Education and Skills)
on motion of  Hon. G. K. Rich-Phillips; by leave, ordered to be read second time
forthwith.
Statement of compatibility
For

 Hon.  P. R.  HALL (Minister  for Higher  Education and  Skills), Hon.  G. K.
Rich-Phillips tabled following statement in accordance  with  Charter  of  Human
Rights and Responsibilities Act 2006:

  In  accordance  with   section  28  of   the  Charter  of  Human   Rights  and
  Responsibilities  Act  2006  (charter  act),  I   make   this   statement   of
  compatibility  with  respect  to  the  Energy  Legislation  Amendment (Feed-in
  Tariffs and Other Matters) Bill 2013.
  In my  opinion, the Energy  Legislation Amendment (Feed-in  Tariffs  and Other
  Matters) Bill 2013,  as introduced to  the Legislative Council, is  compatible
  with the human rights  protected by the charter act.  I base my opinion on the
  reasons outlined in this statement.
  Overview of bill
  The main purposes of this bill are to:

    amend  the  Electricity Industry Act  2000 in relation  to general renewable
    energy feed-in terms and conditions;
    widen  the scope of  an  existing offence  relating  to the installation  of
    electrical equipment  and to create a  new offence relating  to the carrying
    out of electrical equipment work under the Electricity Safety Act 1998;
    create a new offence prohibiting building  work  at a premises that a person
    knows or should reasonably be expected to know  will make a gas installation
    at the premises unsafe under the Gas Safety Act 1997;
    amend the Energy Safe Victoria Act 2005 to allow  Energy  Safe  Victoria  to
    provide  information it holds to  the Australian Energy  Regulator (AER) for
    the purposes of its functions and powers; and

    amend the Victorian Energy Efficiency Target Act 2007 so that retailers that
    supply a small number  of  large  customers are no longer exempt from energy
    efficiency targets.
  Human rights issues
  Right to privacy
  Section 13 of the charter act provides that a person has the right not to have
  his or her  privacy unlawfully or arbitrarily interfered with. An interference
  with privacy  will  not  be unlawful  if  it  is permitted by  a  law  that is
  accessible and precise.  An interference with privacy will not be arbitrary if
  the restrictions it imposes are reasonable, just  and proportionate to the end
  sought.

  Clause 13 inserts a new  section 7A in the Energy Safe Victoria Act 2005.  New
  section 7A authorises Energy Safe Victoria to provide the AER with information
  (including  information given in confidence) in its possession or control that
  is reasonably required by  the AER to perform a function or duty or exercise a
  power under  the  National Electricity  (Victoria)  Law  or the  National  Gas
  (Victoria) Law.
  The  AER  has a  duty  to  make distribution  determinations  for distribution
  network service providers pursuant to rules  6.2.4 and 6.11.1 of  the National
  Electricity Rules. The main purpose of new section 7A is to facilitate the AER
  in making  distribution  determinations  for  Victorian  distribution  network
  service providers by  permitting the AER  to obtain relevant  information from
  Energy Safe Victoria which may affect the distribution determination process.

  The provision of information by Energy Safe Victoria to the AER may in certain
  circumstances incidentally  contain personal  information about customers  and
  other persons. To  the extent  that new  section 7A  may engage  the right  to
  privacy by permitting the sharing of information, this will  only  be where it
  is  reasonably required to enable the AER to carry out its  functions,  duties
  and powers under Victorian  law. One of the main  functions of the AER is  the
  economic   regulation  of   electricity  distribution  services   provided  by
  distribution network  service  providers. It  is important  that  distribution
  determinations made by the AER are based on  full and accurate information. In
  any event, the  provision of information  by Energy Safe Victoria  pursuant to
  section 7A