Western Australian Legislation
Western Australia Electricity Industry Act 2004 Electricity Industry (Arbitrator and Board Funding) Regulations 2009 Western Australia Electricity Industry (Arbitrator and Board Funding) Regulations 2009 Contents 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Standing charges 2 5. Assessment and payment of standing charges 3 6. Board's power in relation to costs and expenses of proceedings 4 7. Recovery of unpaid amounts 5 7A. Costs and expenses arising from proceedings relating to Pilbara matters 5 7B. Charges for hearing and determining proceedings relating to Pilbara matters generally 7 8. Matters to be included in arbitrator's annual report 8 Schedule 1 — Percentages for calculating standing charges Notes Compilation table 10 Defined terms Electricity Industry Act 2004 Electricity Industry (Arbitrator and Board Funding) Regulations 2009
1. Citation These regulations are the Electricity Industry (Arbitrator and Board Funding) Regulations 2009.
2. Commencement These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day.
3. Terms used (1) In these regulations — allowed period means the period referred to in regulation 5(2) or such further period as the arbitrator may allow; assessment amount means the total amount payable as specified in a notice of assessment under regulation 5(1)(b)(i); Code has the meaning given in section 103 of the Act; core function costs, for a quarter, means costs that — (a) are incurred in the quarter in connection with the performance by the arbitrator and the Board of their functions under the Act and the Energy Arbitration and Review Act 1998 Part 6; and (b) cannot be recovered under regulation 6; and (c) are not incurred in relation to hearing and determining a Pilbara matter; determined costs means an amount determined by the Board under regulation 6 to be payable by a party to proceedings; Pilbara matter means a matter arising under the Act in relation to a Pilbara network; prescribed rate means an interest rate that is 5 percentage points higher than — (a) the rate quoted on Reuters Screen BBSW as the Bank Bill Reference Rate (Mid‑Rate) for a one month bill at or about 10 a.m. (Sydney time) on the first day after the allowed period; or (b) if a rate is not quoted as described in paragraph (a) — the rate determined by the arbitrator having regard to comparable indices then available; proceedings includes proceedings that are commenced but discontinued or otherwise not brought to finality; quarter means — (a) the period beginning on the day on which regulation 4 comes into operation and ending on 31 December 2009; or (b) any subsequent period of 3 months beginning on 1 July, 1 October, 1 January or 1 April; standing charge means a charge under regulation 4(1). (2) A term has the same meaning in these regulations as it has in the Code unless the contrary intention appears in these regulations. [Regulation 3 amended: SL 2021/95 r. 36.]
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