Electricity Industry Act 2004 (WA)

Western Australia Electricity Industry Act 2004 Western Australia Electricity Industry Act 2004 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. State electricity objective 1 Part 2 — Licensing of electricity supply Division 1 — Licence classification and area 4. Classification of licences 1 5. Licence area 1 Division 2 — Licensing requirements 6. Licensing extends to statutory providers 1 7. Requirement for licence 1 8. Power to exempt 1 Division 3 — General licensing provisions 9. Authority to consider public interest 1 10. Application for licence 1 11. Authority may determine licence terms and conditions 1 12. Regulations as to licence terms and conditions 1 13. Licence condition: performance audit 1 14. Licence condition: asset management system 1 15. Duration of licence 1 16. Renewal of licence 1 17. Licence fees 1 18. Transfer of licence 1 19. Decisions as to grant, renewal or transfer of licence 1 20. Other laws not affected 1 21. Amendment of licence on application of licensee 1 22. Amendment of licence on initiative of Authority 1 23. Notice of decisions 1 24. Licences to be available for inspection 1 25. Regulations about public consultation 1 Division 4 — Exclusive licences 26. Regulations may authorise an exclusive licence 1 27. Requirements for regulations 1 28. Application for and grant of licence 1 29. Prohibition of further licences 1 30. Trade practices authorisation 1 Division 5 — Interruption of supply 31. Interruption of supply 1 Division 6 — Enforcement 32. Failure to comply with licence 1 33. Right of licensee to make submissions 1 34. Exception where public health endangered 1 35. Cancellation of licence 1 36. Duty to leave system in safe condition 1 Division 7 — Administration and monitoring of licensing scheme and issue of codes 37. Authority to administer licensing scheme 1 38. Authority to monitor licensing scheme and licence compliance 1 39. Authority may issue codes 1 39A. Review of standards applying to Regional Power Corporation 1 Division 8 — Powers in relation to land 40. Power of public authority to grant certain interests 1 41. Taking of interest or easement for purposes of licence 1 42. Vesting of interest or easement 1 43. Proceedings and liability 1 44. Easements in gross 1 Division 9 — Extension of Energy Operators (Powers) Act 1979 to licensees 45. Extension of certain provisions of Energy Operators (Powers) Act 1979 1 Division 10 — Transitional provision 46. Transitional provision for existing operators 1 Part 3 — Supply of electricity to small use customers Division 1 — Preliminary 47. Term used: retail licensee 1 Division 2 — Supply contracts 48. Regulations as to supply contracts 1 49. Form of contract to be submitted with application for grant, renewal or transfer 1 50. Licence application not to be granted unless standard form contract approved 1 51. Approval of standard form contract 1 52. Amendment or replacement of standard form contract 1 53. Authority may direct that amendment be made 1 54. Licence condition: contracts 1 54A. Electricity corporations required to offer to supply electricity under prescribed form of contract 1 54B. Enforcement of obligation in section 54A(2) 1 Division 3 — Connection to distribution system 57. Terms used 1 58. Regulations as to connection 1 Division 4 — Default supplier 59. Regulations as to default supplier 1 Part 3A — Registration framework for alternative electricity services Division 1 — Preliminary 59A. Purpose of Part 1 59B. Terms used 1 59C. Alternative electricity services 1 Division 2 — Registration requirements 59D. Requirement for registration 1 59E. Registration holder to comply with terms and conditions of registration 1 Division 3 — General registration provisions 59F. Authority to consider public interest 1 59G. Application for registration 1 59H. Renewal of registration 1 59I. Amendment of registration 1 59J. Transfer of registration 1 59K. Further information 1 59L. Public consultation on grant, renewal, amendment or transfer of registration 1 59M. Decision to grant, renew, amend or approve transfer of registration 1 59N. Registration area 1 59O. Registration is subject to terms and conditions 1 59P. Duration of registration 1 59Q. Annual fees 1 59R. Surrender of registration 1 59S. Other laws not affected 1 59T. Notice of decision 1 59U. Review of certain decisions 1 59V. Register 1 59W. Fee regulations 1 Division 4 — AES code of practice 59X. AES code of practice 1 59Y. AES code of practice is subsidiary legislation 1 59Z. Public consultation on issue, amendment or replacement of AES code of practice 1 59ZA. Notice to registration holders of amendment or replacement of AES code of practice 1 59ZB. Review of AES code of practice 1 59ZC. Public consultation on review 1 Division 5 — Functions of Authority 59ZD. Functions of Authority 1 59ZE. Annual report 1 Division 6 — Performance reporting and compliance monitoring 59ZF. Requirement to provide information or report to Authority 1 59ZG. Compliance audit 1 59ZH. Use and disclosure of information 1 Division 7 — Enforcement 59ZI. Failure to comply with registration 1 59ZJ. Right of registration holder to make submissions 1 59ZK. Power to enter premises to rectify contravention 1 59ZL. Recovery of penalty, costs and expenses 1 59ZM. Enforceable undertakings 1 59ZN. Certain actions prohibited while undertaking is in force 1 59ZO. Certain actions prohibited if undertaking is complied with 1 59ZP. Failure to comply with enforceable undertakings 1 Part 4 — Extension and expansion policies for certain corporations 60. Terms used 1 61. Draft policy to be submitted to Coordinator 1 62. Approval of policy 1 63. Amendment or replacement of policy 1 64. Coordinator may direct that amendment be made 1 65. Licence condition: extension and expansion 1 66. Regulations as to content of policies 1 Part 5 — Last resort supply arrangements 67. Terms used 1 68. Authority to ensure supply plan in place in designated areas 1 69. Requirements for last resort supply plan 1 70. How plan brought into operation 1 71. Supplier of last resort 1 72. Functions of supplier of last resort 1 73. Approval or determination of plan 1 74. Amendment of plan by supplier 1 75. Authority may make amendment 1 76. Licence condition: last resort supply 1 77. Provision may be made by regulation 1 Part 6 — Code of conduct for supply of electricity to small use customers 78. Terms used 1 79. Code of conduct 1 80. Code is subsidiary legislation 1 81. Consultative committee 1 82. Licence condition: code of conduct 1 83. Enforcement of code of conduct against marketing agents 1 84. Code may provide for vicarious liability 1 85. Code may include presumption of authority 1 86. Authority to monitor compliance 1 87. Comment to be sought on amendment or replacement of code 1 88. Review of code 1 89. Further provisions about opportunity to comment 1 89A. Regulations may modify application or operation of enactments to facilitate operation of code 1 Part 7 — Electricity ombudsman scheme Division 1 — Preliminary 90. Terms used 1 91. Regulations as to electricity ombudsman scheme 1 Division 2 — Approval of electricity ombudsman scheme 92. Authority may approve scheme 1 93. Requirements for scheme or amendment to be approved 1 94. Revocation of approval 1 Division 3 — Scheme operation 95. Customer may have decision or complaint reviewed 1 96. Jurisdiction of courts and tribunals 1 97. Enforcement against marketing agents and others 1 98. Authority to monitor compliance with decisions 1 Division 4 — Membership of approved scheme by licensee 99. Proof of membership in applications relating to licence 1 100. Prerequisite to grant, renewal or transfer of licence 1 101. Licence condition: membership of scheme 1 Division 5 — Membership of approved scheme by registration holder 101A. Proof of membership in applications relating to registration 1 101B. Prerequisite to grant, renewal, amendment or transfer of registration 1 101C. Registration condition: membership of scheme 1 Part 8 — Access to services of network infrastructure facilities Division 1 — Preliminary 102. Purposes of this Part 1 103. Terms used 1 Division 2 — Establishment of Code 104. Minister to establish Code 1 104A. Code to provide for coverage of networks 1 104B. Code to provide for full regulation of access to services of covered networks 1 105. Other matters for which Code may make provision 1 106. Code does not affect existing agreements 1 107. Code is subsidiary legislation 1 108. Public comment on amendment or replacement of Code 1 109. Exception to section 108 1 110. Consultation with network service providers on amendment or replacement of Code 1 111. Review of Code 1 112. Functions of the Authority 1 Division 3 — Enforcement 114. References to contravening the Code 1 115. Prohibitions on hindering or preventing access 1 116. Proceedings 1 117. Criminal proceedings do not lie 1 118. Regulations as to enforcement of Code 1 Part 8A — Pilbara networks Division 1 — Preliminary 119. Purposes and objective of this Part 1 120. Terms used 1 Division 2 — Pilbara Networks Access Code 120A. Minister to establish Pilbara Networks Access Code 1 120B. Pilbara Networks Access Code — covered Pilbara networks 1 120C. Pilbara Networks Access Code — light regulation 1 120D. Additional matters for Pilbara Networks Access Code and other instruments 1 120E. Additional matters for Pilbara Networks Access Code: more than one provider for network 1 120F. Consequential amendments to the Code or electricity system and market rules 1 120G. Pilbara Networks Access Code is subsidiary legislation 1 120H. Public comment on amendment or replacement of Pilbara Networks Access Code 1 120I. Exception to section 120H 1 120J. Consultation with network service providers on amendment or replacement of Pilbara Networks Access Code 1 Division 3 — Pilbara networks rules 120K. Regulations to provide for Pilbara networks rules 1 120L. Pilbara networks rules not subsidiary legislation 1 120M. Establishment and amendment of Pilbara networks rules 1 120N. General matters to be dealt with in regulations 1 120O. Additional matters to be dealt with in regulations or rules 1 120P. Additional matters to be dealt with in rules: more than one provider 1 Division 4 — Pilbara networks technical rules 120Q. Technical rules 1 Division 5 — Enforcement 120R. References to contravening regulations, Pilbara Networks Access Code or Pilbara networks rules 1 120S. Prohibitions on hindering or preventing access 1 120T. Proceedings 1 120U. Criminal proceedings do not lie 1 120V. Regulations as to enforcement of Pilbara Networks Access Code and Pilbara networks rules 1 Division 6 — Independent system operator 120W. Independent system operator 1 120X. Regulations relating to Pilbara ISO 1 Division 7 — Functions of Authority 120Y. Functions of Authority 1 Division 8 — Reviews of decisions 120Z. Reviews of decisions 1 Division 9 — Immunity 120ZA. Terms used 1 120ZB. Immunity of participants and their officers or employees 1 120ZC. Regulations may limit or affect immunity 1 120ZD. Limitation on immunity after initial period 1 120ZE. Liability of officer of an entity to that entity not affected 1 Division 10 — Competition authorisation 120ZF. Competition authorisation by regulation 1 Division 11 — Review of system 120ZG. Review of regulation of Pilbara networks 1 120ZH. Public consultation 1 Division 12 — Transitional provisions 120ZI. Pilbara Networks Access Code and Pilbara networks rules do not affect existing agreements 1 Part 9 — Electricity system and electricity markets Division 1 — Preliminary 121. Terms used 1 Division 2 — Wholesale electricity market and electricity system and market rules 122. Regulations to provide for a wholesale electricity market 1 123. Regulations to provide for electricity system and market rules 1 124. Matters to be dealt with in regulations 1 Division 3 — Reliable supply and electricity systems 124A. Reliable supply and electricity systems 1 124B. System voltage or frequency 1 124C. Directions to rectify non‑compliance 1 Division 4 — Distribution systems and connected facilities 124D. Terms used 1 124E. Distribution system regulation 1 124F. Technical and other standards 1 Division 5 — Metering and data 124G. Metering 1 124H. Electricity data and electricity data systems 1 Division 6 — Enforcement 124I. Term used: contravene 1 124J. Regulations as to enforcement of electricity system and market rules 1 124K. Criminal proceedings do not lie 1 Division 7 — Functions of Authority 124L. Functions of Authority 1 Division 8 — Review of decisions 125. Reviews 1 Division 9 — Immunity 126. Immunity of certain persons and bodies 1 Division 10 — Competition authorisation 127. Competition authorisation by regulation 1 Division 11 — Review of wholesale electricity market operation 128. Review of wholesale electricity market operation 1 129. Public consultation 1 129AA. Coordinator may appoint panels 1 Part 9A — Tariff equalisation 129A. Purpose of this Part 1 129B. Terms used 1 129C. Tariff Equalisation Account 1 129D. Determination of tariff equalisation contributions 1 129E. Treasurer may seek advice from the Authority 1 129F. Payment and passing on of tariff equalisation contributions 1 129G. Payments from the Account 1 129H. Information 1 129I. Treasurer to recommend regulations 1 129J. Delegation by Treasurer 1 Part 9B — Temporary access contribution 129K. Purpose of this Part 1 129L. Terms used 1 129M. Temporary Access Contribution Account 1 129N. Determination of temporary access contributions 1 129O. Treasurer may seek advice from the Authority 1 129P. Payment and passing on of temporary access contribution 1 129Q. Payments from Temporary Access Contribution Account 1 129R. Information 1 129S. Treasurer to recommend regulations 1 129T. Delegation by Treasurer 1 Part 10 — Other matters 130. Review by the Board 1 131A. Licence not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 1 131. Regulations 1 131B. Enforcement of the regulations 1 132. Regulations as to fees and charges for supply and services 1 133. Regulations as to fees and charges for functions of arbitrator and Board 1 134. Regulations as to excluding Corporations legislation 1 Part 11 — Transitional provisions for Electricity Industry Amendment (Distributed Energy Resources) Act 2024 135. Term used: relevant instrument 1 136. Transitional regulations: general 1 137. Transitional provisions: power to make orders 1 138. Transitional provisions: relevant instruments 1 139. Powers of Minister: relevant instruments 1 140. Electricity system and market rules do not affect existing agreements 1 141. References to market rules and wholesale electricity market objectives 1 142. Power to make electricity system and market rules for matters that may be provided for in relevant instruments 1 143. References to Code and technical codes under Code 1 144. References to standards 1 145. References to Electricity Industry (Metering) Code 2012 made under section 39(2a) 1 146. References to Electricity Industry (Network Quality and Reliability of Supply) Code 2005 made under section 39(2a)(a) 1 Schedule 1 — Licence terms and conditions 1. Licence terms and conditions 1 Schedule 2 — Objectives to be met by the electricity ombudsman scheme 1. Objectives stated 1 Schedule 3 — Transitional provisions Division 1 — Initial customer service code of conduct 1. Approval of initial customer service code of conduct 1 2. Appointment of initial committee 1 3. Regulations for transitional matters 1 Division 2 — Initial electricity ombudsman scheme 4. Approval of initial electricity ombudsman scheme 1 5. Regulations for transitional matters 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Electricity Industry Act 2004 An Act to govern the operation and regulation of the Western Australian electricity industry and for related purposes.