Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


ELECTRICITY LEGISLATION (AMENDMENTS AND TRANSITIONAL PROVISIONS) BILL 2003

                      Western Australia


Electricity Legislation Amendment Bill 2003

                        CONTENTS


      Part 1 -- Preliminary
1.    Short title                                      2
2.    Commencement                                     2
      Part 2 -- General Amendments
      Division 1 -- Electricity Act 1945 amended
3.    The Act amended                                  3
4.    Long title amended                               3
5.    Section 5 amended                                3
6.    Section 6 replaced                               5
7.    Part II heading amended                          6
8.    Part II Division 1 heading deleted               6
9.    Sections 7, 8, 9 and 10 repealed                 6
10.   Section 13 repealed                              6
11.   Sections 15, 16 and 17 repealed                  6
12.   Part II Division 2 heading deleted               6
13.   Part II Division 3 heading deleted               6
14.   Section 25 amended                               6
15.   Section 32 amended                               7
16.   Section 42 replaced                              8
17.   Section 45 amended                               8
18.   Section 46 repealed                              8
19.   Section 53 amended                               8
      Division 2 -- Electricity Corporation Act 1994
             amended
20.   The Act amended                                  9
21.   Section 3 amended                                9
22.   Section 28 amended                               9
23.   Section 31A inserted                            10


                          247--2B                      page i
Electricity Legislation Amendment Bill 2003



Contents



   24.     Section 62 amended                                 11
   25.     Section 66 amended                                 12
   26.     Section 95A inserted                               12
   27.     The Act amended                                    13
   28.     Part 2 Division 7 heading amended                  14
   29.     Section 39 amended                                 14
   30.     Section 79 amended                                 15
   31.     Section 89A inserted                               15
   32.     Section 103 amended                                16
   33.     Section 104 amended                                16
   34.     Section 106 amended                                16
   35.     Section 115 amended                                16
   36.     Schedule 1 amended                                 18
           Division 4 -- Energy Operators (Powers) Act 1979
                  amended
   37.     The Act amended                                    19
   38.     Long title amended                                 19
   39.     Section 4 amended                                  19
   40.     Section 38 amended                                 20
   41.     Section 43 amended                                 20
   42.     Section 45 amended                                 21
   43.     Section 46 amended                                 21
   44.     Section 57 amended                                 22
   45.     Section 123 amended                                26
   46.     Section 124 amended                                27
           Division 5 -- Parliamentary Commissioner Act 1971
                  amended
   47.     The Act amended                                    28
   48.     Section 34 amended                                 28




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


   Electricity Legislation Amendment Bill 2003


                               A Bill for


An Act to amend the --
•  Electricity Act 1945;
•  Electricity Corporation Act 1994;
•  Electricity Industry Act 2004;
•  Energy Operators (Powers) Act 1979; and
•  Parliamentary Commissioner Act 1971.



The Parliament of Western Australia enacts as follows:




                                                         page 1
    Electricity Legislation Amendment Bill 2003
    Part 1           Preliminary

    s. 1



                             Part 1 -- Preliminary
    1.         Short title
               This Act may be cited as the Electricity Legislation Amendment
               Act 2003.

5   2.         Commencement
         (1)   The provisions of this Act come into operation on a day fixed
               by proclamation.
         (2)   Different days may be fixed under subsection (1) for different
               provisions.




    page 2
                                      Electricity Legislation Amendment Bill 2003
                                              General Amendments           Part 2
                                      Electricity Act 1945 amended    Division 1
                                                                              s. 3



                      Part 2 -- General Amendments
                   Division 1 -- Electricity Act 1945 amended
     3.         The Act amended
                The amendments in this Division are to the Electricity
5               Act 1945*.
                [* Reprint 5 as at 6 June 2003.]

     4.         Long title amended
                The long title is amended by deleting "to consolidate and amend
                the law relating to the establishment and control of electricity
10              generating stations and to the transmission, distribution and use
                of electricity;".

     5.         Section 5 amended
          (1)   Section 5(1) is amended in the definition of "service apparatus"
                by inserting after "supply authority" --
15              " or network operator     ".
          (2)   Section 5(1) is amended in the definition of "electric
                installation" by deleting "electric" and by relocating the
                definition in the appropriate alphabetical position.
          (3)   Section 5(1) is amended by deleting the definition of "supply
20              authority" and inserting instead --
                  "supply authority" means an entity that, immediately
                           before the coming into operation of section 5 of
                           the Electricity Legislation Amendment Act 2004,
                           was a supply authority as defined in this section,
25                         but does not include the Western Power
                           Corporation;




                                                                             page 3
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 1       Electricity Act 1945 amended
     s. 5



        (4)   In section 5(1) the following definitions are inserted in the
              appropriate alphabetical positions --
              "
                    "distribution licensee" means the holder of --
5                       (a) a distribution licence under the Electricity
                              Industry Act 2004; or
                        (b) an integrated regional licence under the
                              Electricity Industry Act 2004 that authorises
                              the holder to operate a distribution system as
10                            defined in section 3 of that Act;
                    "exempt operator" means a person who --
                        (a) operates transmission works or distribution
                              works; and
                        (b) would be required under section 7 of the
15                            Electricity Industry Act 2004 to be the holder
                              of a transmission licence, distribution licence
                              or integrated regional licence in respect of
                              the operation of those works but for an order
                              issued by the Governor under section 8(1) of
20                            that Act;
                    "network operator" means a person who --
                        (a) operates transmission works and is a
                              transmission licensee;
                        (b) operates distribution works and is a
25                            distribution licensee; or
                        (c) is an exempt operator;
                    "transmission licensee" means the holder of --
                        (a) a transmission licence under the Electricity
                              Industry Act 2004; or
30                      (b) an integrated regional licence under the
                              Electricity Industry Act 2004 that authorises
                              the holder to operate a transmission system
                              as defined in section 3 of that Act;


     page 4
                                            Electricity Legislation Amendment Bill 2003
                                                    General Amendments           Part 2
                                            Electricity Act 1945 amended    Division 1
                                                                                    s. 6



                                                                                       ".
          (5)       In section 5(1) the definitions of "concessionaire", "department"
                    or "Government Department" and "linking up scheme" are
                    deleted.

5    6.             Section 6 replaced
                    Section 6 is repealed and the following section is inserted
                    instead --
                "
                     6.         Application of Act to supply authorities
10                        (1)   The Minister may, by instrument published in the
                                Government Gazette, declare that on and after a
                                specified day a specified relevant provision does
                                not apply to a specified supply authority, and a
                                declaration so made has effect accordingly.
15                        (2)   A declaration is not to be made in respect of a
                                relevant provision unless the Minister is of the
                                opinion that on and after the specified day the
                                specified supply authority will have powers, rights
                                and obligations under the Electricity Industry Act
20                              2004 that are substantially equivalent to those
                                conferred or imposed by the relevant provision.
                          (3)   A declaration is not to be made after the expiration
                                of the period of 2 years beginning on the day of the
                                insertion of subsection (1) into this Act by the
25                              Electricity Legislation Act 2004.
                          (4)   In this section --
                                "declaration" means a declaration made under
                                         subsection (1);
                                "relevant provision" means any of sections 11 to
30                                       24, 34 to 41 or 43 to 51, or any portion of
                                         any of those sections, or section 32 (a),
                                         (b), (d) or (l);

                                                                                  page 5
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 1       Electricity Act 1945 amended
     s. 7



                          "specified" means specified in the declaration.
                                                                            ".

     7.          Part II heading amended
                 The heading to Part II is amended by deleting "Supply
5                authorities" and inserting instead --
            "
                          Powers, rights and obligations
                                                                                 ".

     8.          Part II Division 1 heading deleted
10               The heading to Part II Division 1 is deleted.

     9.          Sections 7, 8, 9 and 10 repealed
                 Sections 7 to 10 are repealed.

     10.         Section 13 repealed
                 Section 13 is repealed.

15   11.         Sections 15, 16 and 17 repealed
                 Sections 15 to 17 are repealed.

     12.         Part II Division 2 heading deleted
                 The heading to Part II Division 2 is deleted.

     13.         Part II Division 3 heading deleted
20               The heading to Part II Division 3 is deleted.

     14.         Section 25 amended
           (1)   Section 25 is amended by deleting "supply authority" in each
                 place where it occurs and inserting instead --
                 "   network operator      ".


     page 6
                                          Electricity Legislation Amendment Bill 2003
                                                  General Amendments           Part 2
                                          Electricity Act 1945 amended    Division 1
                                                                                 s. 15



           (2)   Section 25(1)(c) is amended by deleting ", maintain a supply
                 sufficient for the use of all consumers for the time being entitled
                 to be supplied with electricity from that main, and in the case
                 of" and inserting instead --
5                "   as    ".
                 Note: The heading to section 25 will be altered to read "Duties as to supply
                       of electricity".

     15.         Section 32 amended
           (1)   Section 32(1) is amended as follows:
10                (a) in paragraphs (n), (o) and (r) by deleting "supply
                        authority" in each place where it occurs and inserting
                        instead --
                        " network operator ";
                  (b) in paragraph (q) by deleting "persons operating
15                      generating stations" and inserting instead --
                        " network operators ";
                  (c) by deleting paragraph (g).
           (2)   Section 32(2) is amended by deleting "either general or
                 restricted to the whole or any part of the area of the district or
20               districts of a particular local government or particular local
                 governments, and" and inserting instead --
                 "   restricted to any part of the State or       ".
           (3)   Section 32(5) and (6) are repealed.




                                                                                      page 7
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 1       Electricity Act 1945 amended
     s. 16



     16.       Section 42 replaced
               Section 42 is repealed and the following section is inserted
               instead --
     "
5             42.      Apparatus
               (1)     A network operator is not entitled to insist on the use of
                       any special form of electrical installation, apparatus or
                       fitting, by any person.
               (2)     However a person is not entitled --
10                       (a)   to use any form of electrical installation,
                               apparatus or fitting; or
                        (b)    to use or deal with electricity supplied to the
                               person for any purpose or in any manner,
                       that would interfere unduly or improperly with the
15                     supply of electricity to any other person.
                                                                                    ".

     17.       Section 45 amended
               Section 45 is amended by deleting "supply authority" in both
               places where it occurs and inserting instead --
20             "     network operator    ".

     18.       Section 46 repealed
               Sections 46 is repealed.

     19.       Section 53 amended
               Section 53(1) is amended by deleting "supply authority" and
25             inserting instead --
               "     network operator    ".




     page 8
                                        Electricity Legislation Amendment Bill 2003
                                                General Amendments           Part 2
                                        Electricity Act 1945 amended    Division 2
                                                                               s. 20



             Division 2 -- Electricity Corporation Act 1994 amended
     20.         The Act amended
                 The amendments in this Division are to the Electricity
                 Corporation Act 1994*.
5          [*    Reprint 2 as at 3 January 2003.
                 For subsequent amendments see Western Australian Legislation
                 Information Tables for 2003, Table 1, p. 118. ].

     21.         Section 3 amended
           (1)   Section 3 is amended as follows:
10                (a) by inserting before "In this Act" the subsection
                        designation "(1)";
                  (b) in the definition of "subsidiary" by deleting
                        paragraph (a) and "and" after it and inserting instead --
                               "
15                               (a) a body determined to be a subsidiary of
                                     the corporation under subsection (2); or
                                                                                ".
           (2)   At the end of section 3 the following subsection is inserted --
                       "
20                         (2)   Part 1.2 Division 6 of the Corporations Act
                                 applies for the purpose of determining whether
                                 a body is a subsidiary of the corporation.
                                                                                  ".

     22.         Section 28 amended
25               (1)   Section 28(3) is amended by deleting "The" and
                       inserting instead --
                       "    Subject to subsection (3a), the   ".



                                                                             page 9
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 2       Electricity Act 1945 amended
     s. 23



               (2)     After section 28(3) the following subsections are
                       inserted --
               "
                (3a)     Without limiting section 66, the Minister may under that
5                        section direct the corporation --
                           (a) not to perform a function specified in the
                                direction;
                          (b) not to perform a function specified in the
                                direction to an extent, or except to an extent,
10                              specified in the direction; or
                           (c) not to perform a function specified in the
                                direction in or in relation to an area, or except in
                                or in relation to an area, specified in the
                                direction.
15             (3b)      Subsection (3a) does not authorise a direction of a kind
                         mentioned in section 38A(1).
                                                                                    ".

     23.       Section 31A inserted
               After section 31 the following section is inserted --
20     "

                31A.        Segregation of functions
                       (1) Regulations under section 100 may provide for,
                           and in relation to --
                             (a) the segregation of any segment of the
25                                corporation's operations mentioned in
                                  section 62(2) from the other functions or
                                  operations of the corporation; or
                             (b) the segregation from the corporation of any
                                  subsidiary of the corporation that has any
30                                functions or operations of a specified kind.


     page 10
                                        Electricity Legislation Amendment Bill 2003
                                                General Amendments           Part 2
                                        Electricity Act 1945 amended    Division 2
                                                                               s. 24



                        (2) Regulations referred to in subsection (1) may
                            make provision for, or in relation to --
                             (a) the keeping of accounts and records;
                             (b) financial reporting;
5                            (c) the apportionment of income, expenditure,
                                 assets and liabilities;
                             (d) the protection of information;
                             (e) the conduct of officers of the corporation;
                                 and
10                           (f) controls and procedures, and the conferral
                                 of functions on a specified person, to ensure
                                 that any required segregation is effective.
                                                                             ".
     24.         Section 62 amended
15         (1)   Section 62(2)(a) is amended as follows:
                  (a)     in subparagraph (i) by inserting after "electricity" --
                          " within the South West interconnected system ";
                  (b)     by deleting subparagraphs (ii) and (iii) and inserting
                          instead --
20                        "
                            (ii) the transmission and distribution of electricity
                                 within the South West interconnected system;
                           (iii) the sale of electricity within the South West
                                 interconnected system;
25                                                                                  ".
           (2)   After section 62(2) the following subsection is inserted --
            "
                 (2a)    In subsection (2) --
                        "South West interconnected system" has the
30                          meaning given to that term in section 3 of the
                            Electricity Industry Act 2004.
                                                                                    ".

                                                                             page 11
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 2       Electricity Act 1945 amended
     s. 25



     25.       Section 66 amended
               Section 66(1) is amended as follows:
                (a)    by deleting "generally";
                (b)    by inserting after "functions" --
5                      "
                             , either generally or in relation to a particular
                             matter,
                                                                                 ".

     26.       Section 95A inserted
10             After section 95 the following section is inserted --
       "

            95A. Phasing-out of operation of access and procurement
                 provisions
               (1)    The Minister may, by instrument published in the
15                    Government Gazette, declare that a specified relevant
                      provision does not have effect on and after a specified
                      day, and a declaration so made has effect accordingly.
               (2)    A declaration is not to be made in respect of a relevant
                      provision unless the Minister is of the opinion that the
20                    matters to which the relevant provision relates are
                      adequately dealt with, or will be adequately dealt with
                      on and after the specified day, under --
                        (a) Part 8 of the Electricity Industry Act 2004 and
                              the Code established under that Part; or
25                      (b) Part 9 of the Electricity Industry Act 2004 and
                              the regulations made and market rules
                              established under that Part.
               (3)    A declaration is not to be made after the expiration of
                      the period of 2 years beginning on the day of the
30                    insertion of subsection (1) into this Act by the
                      Electricity Legislation Amendment Act 2004.

     page 12
                                      Electricity Legislation Amendment Bill 2003
                                              General Amendments           Part 2
                                      Electricity Act 1945 amended    Division 3
                                                                             s. 27



                (4)   Regulations made under section 100 may --
                       (a) repeal any specified provision that has ceased
                             to have effect because of a declaration;
                       (b) effect any repeal of or amendment to any other
5                            provision of this Part or Schedule 5, 6 or 7 that
                             is consequential on a repeal referred to in
                             paragraph (a); and
                       (c) prescribe any matter that it is necessary or
                             convenient to prescribe for transitional or
10                           savings purposes in relation to a declaration or
                             in relation to a repeal or amendment referred to
                             in paragraph (a) or (b).
                (5)   In this section --
                      "declaration" means a declaration made under
15                        subsection (1);
                      "relevant provision" means any of section 90, 91, 92
                          or 93 or Schedule 5, 6 or 7, or any portion of any
                          of those sections or Schedules;
                      "specified" means specified in the declaration.
20                                                                               ".

                Division 3 -- Electricity Industry Act 2004 amended
     27.        The Act amended
                The amendments in this Division are to the Electricity Industry
                Act 2004*.
25         [*   Act No. 5 of 2004.]




                                                                          page 13
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 3       Electricity Act 1945 amended
     s. 28



     28.         Part 2 Division 7 heading amended
           (1)   The heading to Part 2 Division 7 is amended by deleting "Other
                 functions of the Authority" and inserting instead --
            "
5          Administration and monitoring of licensing scheme and issue
                                   of codes
                                                                                 ".

     29.         Section 39 amended
           (1)   Section 39(1) is amended by deleting "The" and inserting
10               instead --
                 "   Subject to subsection (2b), the   ".
           (2)   After section 39(2) the following subsections are inserted --
                 "
                  (2a)  If the Authority has not prepared and issued a code in
15                      respect of a code matter the Minister may --
                          (a) prepare and issue a code in respect of that code
                                 matter; or
                          (b) by notice published in the Government Gazette,
                                 declare that the Minister proposes to prepare and
20                               issue a code in respect of that code matter.
                 (2b) If --
                          (a) a code prepared and issued by the Minister; or
                          (b) a declaration under subsection (2a)(b),
                        is in force in respect of a code matter, the Authority
25                      cannot issue a code in respect of that code matter.
                 (2c) In subsections (2a) and (2b) --
                     "code matter" means --
                          (a) the matter mentioned in subsection (2)(a);
                          (b) the matter mentioned in subsection (2)(b);

     page 14
                                   Electricity Legislation Amendment Bill 2003
                                           General Amendments           Part 2
                                   Electricity Act 1945 amended    Division 3
                                                                          s. 30



                       (c)   the matter mentioned in subsection (2)(d); or
                       (d)   a matter referred to in subsection (2)(e).
                                                                              ".

     30.   Section 79 amended
5          Section 79(2)(c) is amended by deleting "customers; and" and
           inserting instead --
           "
                      customers and providing for compensation payments to
                      be made to customers when standards of conduct are not
10                    met; and
                                                                          ".

     31.   Section 89A inserted
           After section 89 the following section is inserted --
     "

15             89A.     Regulations may modify application or
                        operation of enactments to facilitate operation
                        of code
                         The regulations may provide that a prescribed
                         enactment --
20                         (a) does not apply in relation to the supply and
                               marketing of electricity to customers;
                           (b) does not apply in relation to the supply and
                               marketing of electricity to customers to the
                               extent prescribed;
25                         (c) does not apply in relation to the supply and
                               marketing of electricity to customers to the
                               extent that the enactment is inconsistent
                               with the code; or




                                                                       page 15
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 3       Electricity Act 1945 amended
     s. 32



                             (d) applies in relation to the supply and
                                 marketing of electricity to customers with
                                 such modifications as are prescribed.
                                                                                  ".
5    32.         Section 103 amended
                 Section 103 is amended by deleting the definition of "access"
                 and inserting instead --
            "
                 "access", in relation to services, has a meaning corresponding
10                   with the meaning that it has when used in that context in
                     the Trade Practices Act 1974 of the Commonwealth;
                                                                                  ".
     33.         Section 104 amended
                 Section 104(2) is amended as follows:
15                 (a) in paragraph (l), by deleting "metering and other";
                  (b) by deleting paragraph (m).

     34.         Section 106 amended
                 Section 106(2) is amended by inserting after "agreement" --
                 " or an enactment     ".

20   35.         Section 115 amended
           (1)   Section 115(1) is amended as follows:
                  (a)   by inserting before "must" --
                        " , or an associate of the network service provider,      ";
                  (b)   by deleting "aimed at" and inserting instead --
25                      " for the purpose of ";
                  (c)   after paragraph (c), by inserting --
                    "
                                Penalty: $100 000.
                                Daily penalty: $20 000.
30                                                                                ".

     page 16
                                 Electricity Legislation Amendment Bill 2003
                                         General Amendments           Part 2
                                 Electricity Act 1945 amended    Division 3
                                                                        s. 35



     (2)   Section 115(2) is amended as follows:
            (a) by inserting before "must" --
                  " , or an associate of the person, ";
            (b) by deleting "aimed at" and inserting instead --
5                 " for the purpose of ".
     (3)   Section 115(3) is repealed (but not the penalties after it).
     (4)   At the end of section 115 the following subsections are
           inserted --
      "
10                 (3)   Without limiting subsection (1) or (2) --
                           (a) a person is taken to engage in conduct
                                  for a particular purpose if --
                                       (i) the conduct is or was engaged
                                            in for purposes that include, or
15                                          included, that purpose; and
                                      (ii) that purpose is or was a
                                            substantial purpose;
                           (b) a person may be taken to have engaged
                                  in conduct for a particular purpose even
20                                though, after all the evidence has been
                                  considered, the existence of that purpose
                                  is ascertainable only by inference from
                                  the conduct of the person or of any other
                                  person or from other relevant
25                                circumstances.
                   (4)   In this section --
                           (a) a reference to engaging in conduct is a
                                  reference to doing or refusing to do any
                                  act and includes a reference to --
30                                     (i) making a contract or
                                            arrangement or giving effect to


                                                                          page 17
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 3       Electricity Act 1945 amended
     s. 36



                                              a provision of a contract or
                                              arrangement;
                                        (ii) arriving at an understanding or
                                              giving effect to a provision of
5                                             an understanding; or
                                       (iii) requiring a covenant to be
                                              given or giving a covenant;
                              (b) a reference to refusing to do an act
                                     includes a reference to --
10                                       (i) refraining (otherwise than
                                              inadvertently) from doing the
                                              act; or
                                        (ii) making it known that the act
                                              will not be done.
15                    (5)   Subsection (1) or (2) does not apply to conduct
                            in which a person engaged in accordance with
                            an agreement, if the agreement was in force on
                            30 March 1995.
                      (6)   In this section --
20                           "associate", in relation to a person, has the
                                      meaning it would have under Part 1.2
                                      Division 2 of the Corporations Act
                                      2001 of the Commonwealth if
                                      sections 13, 14, 16(2) and 17 of that
25                                    Act were repealed.
                                                                                ".

     36.       Schedule 1 amended
               Schedule 1 item (k) is amended as follows:
                (a)   by inserting before "under" --
30                    " or the Minister ";
                (b)   by deleting "Authority;" and inserting instead --
                      " Authority or the Minister, as the case may be;     ".


     page 18
                                      Electricity Legislation Amendment Bill 2003
                                              General Amendments           Part 2
                      Energy Operators (Powers) Act 1979 amended      Division 4
                                                                             s. 37



       Division 4 -- Energy Operators (Powers) Act 1979 amended
     37.         The Act amended
                 The amendments in this Division are to the Energy Operators
                 (Powers) Act 1979*.
5                [* Reprinted as at 15 September 2000.
                    For subsequent amendments see Act No. 53 of 2003.]

     38.         Long title amended
                 The long title is amended by deleting "the Western Power
                 Corporation and certain other" and inserting instead --
10               "   energy    ".

     39.         Section 4 amended
           (1)   In section 4(1) the following definition is inserted in the
                 appropriate alphabetical position --
            "
15                        "electricity corporation" means Western Power
                                  Corporation or a body corporate that is a
                                  subsidiary, as defined in section 3 of the
                                  Electricity Corporation Act 1994, of
                                  Western Power Corporation;
20                                                                                  ".
           (2)   In section 4(1) the definition of "energy operator" is deleted and
                 the following definition is inserted instead --
            "
                          "energy operator" means an electricity corporation
25                               or --
                                (a) in a prescribed provision as defined in
                                     section 45(1) of the Electricity Industry
                                     Act 2004, a person referred to in that
                                     section includes in a reference in that


                                                                               page 19
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 4       Energy Operators (Powers) Act 1979 amended
     s. 40



                                         prescribed provision to an energy
                                         operator;
                                   (b)   in a provision of this Act referred to in
                                         Schedule 2 Part 1 or 2 of the Energy
5                                        Coordination Act 1994, a person
                                         referred to in section 11ZO of that Act
                                         includes in a reference in that provision
                                         to an energy operator; and
                                   (c)   in a provision to which paragraphs (a)
10                                       and (b) both apply, a person referred to
                                         in either of those paragraphs;
                                                                                     ".
           (3)     In section 4(1) the definitions of "concessionaire" and "linking-
                   up scheme" are deleted.

15   40.           Section 38 amended
                   Section 38(5) is amended by deleting "or deemed to be vested in
                   an energy operator pursuant to section 44".

     41.           Section 43 amended
           (1)     After section 43(1) the following subsection is inserted --
20               "
                  (1aa)   Where any works or other things are or have been
                          placed upon, in, over or under any land by a person
                          under an agreement or arrangement --
                            (a) entered into by the energy operator in the
25                               performance or purported performance of its
                                 functions; and
                            (b) under which the property in those works or
                                 other things is to pass to the energy operator on
                                 the occurrence of an event specified in the
30                               agreement or arrangement (the "transfer
                                 event"),


     page 20
                                        Electricity Legislation Amendment Bill 2003
                                                General Amendments           Part 2
                        Energy Operators (Powers) Act 1979 amended      Division 4
                                                                               s. 42



                        those works or other things shall be taken to have been
                        lawfully so placed and, on and from the transfer event
                        are, and shall at all times continue to be, the property of
                        the energy operator, unless the energy operator has
5                       otherwise specified or may otherwise determine, and
                        the energy operator shall be taken to have a right of
                        access to them for the purposes of the performance of
                        its functions.
                                                                                      ".
10         (2)   Section 43(2) is amended by inserting after "(1)" --
                 " or (1aa)     ".

     42.         Section 45 amended
                 Section 45(4)(b) is amended by deleting "in the case of the
                 Western Power Corporation,".

15   43.         Section 46 amended
                 Section 46(12) is amended as follows:
                   (a) by inserting after "energy operator" where it first
                        occurs --
                          "
20                              responsible for the operation of existing
                                distribution works
                                                                                      ";
                  (b)     by deleting "existing distribution" and inserting
                          instead --
25                        " those ".




                                                                              page 21
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 4       Energy Operators (Powers) Act 1979 amended
     s. 44



     44.             Section 57 amended
           (1)       Section 57(1) is repealed and the following subsections are
                     inserted instead --
                 "
5                    (1)   In this section --
                           "distribution system" means distribution works and
                                service apparatus pertaining to distribution works;
                           "system emergency" means any event or circumstance
                                arising or reasonably expected to arise in relation
10                              to any distribution system --
                                (a) by reason of which the ability of the operator
                                      of the distribution system to maintain a supply
                                      of energy from the distribution system is, or
                                      may reasonably be expected to be, affected
15                                    (and for the purposes of this section a reference
                                      to a distribution system is taken to extend to
                                      any act, matter or thing which affects, or in the
                                      opinion of the operator or the Minister may
                                      affect, the supply of energy or the obtaining or
20                                    manner of delivery of any energy or energy
                                      resource);
                                (b) by reason of which --
                                         (i) any life or property is or may be
                                               endangered;
25                                      (ii) the normal operation of the whole or
                                               any part of the distribution system has
                                               been, or may be, or should be
                                               interrupted, curtailed or terminated;
                                               or
30                                     (iii) the capacity of the distribution system
                                               is for any reason insufficient to satisfy
                                               any demand or anticipated demand by
                                               supply in the normal manner;
                                      and

     page 22
                                  Electricity Legislation Amendment Bill 2003
                                          General Amendments           Part 2
                  Energy Operators (Powers) Act 1979 amended      Division 4
                                                                         s. 44



                       (c)   which, in the opinion of the operator of the
                             distribution system, requires the immediate
                             exercise of the powers conferred by
                             subsection (2) or which, in the opinion of the
5                            operator or the Minister, requires the
                             exercise of the powers conferred by
                             subsection (3).
           (1a)   If a system emergency exists in relation to a
                  distribution system, the operator of the distribution
10                system is to notify the Minister of the system
                  emergency as soon as practicable after becoming aware
                  of it.
                                                                              ".
     (2)    Section 57(2) is amended as follows:
15           (a) by deleting "any superior officer or to the corporation"
                   and inserting instead --
                   " the Minister ";
             (b) by deleting "then an officer or servant of the
                   corporation" and inserting instead --
20                 " the operator of the distribution system ";
             (c) by deleting "him", in both places where it occurs, and
                   "he" and inserting instead --
                   " it ".
     (3)    Section 57(3) is amended as follows:
25           (a) in paragraph (a) by deleting "corporation may, as it
                   seems fit and the circumstances shall reasonably allow,
                   make such order as the corporation" and inserting
                   instead --
                   " Minister may make any order that the Minister ";
30           (b) after paragraph (a)(i) by inserting --
                   " and ";
             (c) after paragraph (a)(ii) by deleting "and";


                                                                      page 23
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 4       Energy Operators (Powers) Act 1979 amended
     s. 44



                       (d)    by deleting paragraph (a)(iii) and "and" below it;
                       (e)    in paragraph (b) by deleting "the corporation", in both
                              places where it occurs, and "it" and inserting instead --
                              " the Minister ";
5                      (f)    after paragraph (b) by deleting the full stop and inserting
                              instead --
                              "
                                     ; and
                               (c)   the Minister may by order delegate, either
10                                   generally or specifically, to an energy operator
                                     any power of the Minister under this section.
                                                                                         ".
        (4)        After section 57(3) the following subsections are inserted --
              "
15                (3a)       An energy operator to whom a power is delegated
                             under subsection (3)(c) cannot delegate that power but
                             can perform it through a member of its staff or an
                             agent.
                  (3b)       An energy operator exercising a power that has been
20                           delegated to it under subsection (3)(c) is to be taken to
                             do so in accordance with the terms of the delegation
                             unless the contrary is shown.
                                                                                         ".
        (5)        Section 57(6) is amended by deleting "corporation" and
25                 inserting instead --
                   "     Minister     ".
        (6)        Section 57(8) is amended as follows:
                    (a) by deleting "corporation" in the first place where it
                          occurs and inserting instead --
30                        " operator of a distribution system ";



     page 24
                                       Electricity Legislation Amendment Bill 2003
                                               General Amendments           Part 2
                       Energy Operators (Powers) Act 1979 amended      Division 4
                                                                              s. 44



                 (b)     by deleting "corporation" in each other place where it
                         occurs and inserting instead --
                         " operator ".
     (7)        Section 57(9) is repealed and the following subsections are
5               inserted instead --
           "
                (9)    While a system emergency exists and for so long
                       afterwards as the circumstances reasonably require, a
                       person given powers by this section may, without
10                     notice and without any warrant other than this
                       subsection, immediately enter onto or into any land,
                       premises or thing if it is necessary to do so to exercise
                       any of those powers.
               (9a)    Any question as to what is a necessary entry may be
15                     determined by the person exercising the power of
                       entry, and in any proceedings the question is to be
                       presumed, in the absence of evidence to the contrary, to
                       have been determined in good faith.
               (9b)    A person exercising a power of entry given by this
20                     section is required, as soon as practicable, to --
                         (a) remove or cause to be removed any machinery,
                               equipment or other thing that the person
                               brought or caused to be brought onto or into the
                               land, premises, or thing for the purpose for
25                             which entry was made; and
                         (b) make good any physical damage caused in the
                               course of exercising the powers for the
                               purposes of which entry was made, or pay
                               compensation or effect restoration,
30                             rehabilitation or restitution.
               (9c)    If entry is effected under this section for the purpose of
                       exercising powers under subsection (3), the Minister
                       may recover as a debt from the operator of the
                       distribution system concerned the costs of any

                                                                             page 25
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 4       Energy Operators (Powers) Act 1979 amended
     s. 45



                          expenses incurred in dealing with the system
                          emergency, including any expenses incurred in
                          complying with obligations under subsection (9b).
                 (9d)     While an order under subsection (3) is in force, any
5                         person authorised by the Minister in writing to do so
                          may, without prior notice, enter premises supplied with
                          energy of the kind to which the order relates and there
                          make any search or examination necessary to
                          determine whether the order is, in respect of those
10                        premises, being contravened in any respect.
                 (9e)     Without limiting anything in this section, the Minister
                          may do anything the Minister considers necessary to
                          prevent the occurrence of a system emergency.
                                                                                            ".
15         (8)    Section 57(10) is amended as follows:
                    (a)    in paragraph (a) by deleting "the corporation or any
                           officer or servant of the corporation" and inserting
                           instead --
                           " a person ";
20                 (b)     in paragraph (a) of the penalty by deleting "$1 000" and
                           inserting instead --
                           " $5 000 ";
                    (c)    in paragraph (b) of the penalty by deleting "$10 000"
                           and inserting instead --
25                         " $50 000 ".
                 Note: The heading to section 57 will be altered by deleting "Supply" and
                       inserting "Distribution" instead.

     45.          Section 123 amended
           (1)    Section 123(1) is amended by deleting "or to facilitate the
30                operation of the Electricity Corporation".




     page 26
                                           Electricity Legislation Amendment Bill 2003
                                                   General Amendments           Part 2
                           Energy Operators (Powers) Act 1979 amended      Division 4
                                                                                  s. 46



           (2)   Section 123(3)(a) is amended by deleting "the Electricity
                 Corporation" and inserting instead --
                 " an electricity corporation ".

     46.         Section 124 amended
5          (1)   Section 124(1) is amended as follows:
                     (a)     by deleting "Electricity" and inserting instead --
                             " Western Power ";
                     (b)     by deleting "its functions" and inserting instead --
                             " the functions of an electricity corporation ".
10         (2)   Section 124(1a) is amended by deleting "energy, or the supply
                 of energy, of a kind which is within the corporation's functions"
                 and inserting instead --
                 "    electricity     ".
           (3)   Section 124(4) is amended:
15                   (a)     by deleting "the corporation" in paragraphs (a), (b),
                             (d)(i), (d)(ia), (d)(vii), (d)(xi), (e), (k), (n) and (p) and in
                             the first place where it occurs in paragraphs (d)(iaa), (h),
                             (j) and (o) and inserting instead --
                             " an electricity corporation ";
20                   (b)     in paragraph (d)(iaa) by deleting "the corporation" in the
                             second and third places where it occurs and inserting
                             instead --
                             " the electricity corporation ";
                     (c)     in paragraphs (h), (j) and (o) by deleting "the
25                           corporation" in the second place where it occurs and
                             inserting instead --
                             " the electricity corporation ".
           (4)   Section 124(5) is amended by deleting "corporation" in both
                 places where it occurs and inserting instead --
30               "    Western Power Corporation           ".

                                                                                    page 27
     Electricity Legislation Amendment Bill 2003
     Part 2           General Amendments
     Division 5       Parliamentary Commissioner Act 1971 amended
     s. 47



      Division 5 -- Parliamentary Commissioner Act 1971 amended
     47.             The Act amended
                     The amendments in this Division are to the Parliamentary
                     Commissioner Act 1971*.
5                    [* Reprinted as at 16 March 2001.
                        For subsequent amendments see Acts Nos. 35 and 53 of
                        2003.]
     48.             Section 34 amended
           (1)       Section 34(1) is amended as follows:
10                    (a) by deleting "of the gas industry" and inserting
                            instead --
                            " of an energy ";
                      (b) in paragraph (a), by deleting "gas industry".
           (2)       Section 34(4) is amended by deleting "the gas industry" and
15                   inserting instead --
                     " that energy    ".
           (3)       Section 34(7) is repealed and the following subsection is
                     inserted instead --
                 "
20                   (7)   In this section --
                           "energy ombudsman scheme" means a scheme
                                approved under section 11ZPZ of the Energy
                                Coordination Act 1994 or section 92 of the
                                Electricity Industry Act 2004;
25                         "governing body" of an energy ombudsman scheme
                                means the entity responsible for the operation of
                                the scheme.
                                                                                    ".




 


[Index] [Search] [Download] [Related Items] [Help]