ELECTRICITY INDUSTRY ACT 2004

Western Australian Current Acts

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ELECTRICITY INDUSTRY ACT 2004

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used

PART 2 -- Licensing of electricity supply

Division 1 -- Licence classification and area

4. Classification of licences
5. Licence area

Division 2 -- Licensing requirements

6. Licensing extends to statutory providers
7. Requirement for licence
8. Power to exempt

Division 3 -- General licensing provisions

9. Authority to consider public interest
10. Application for licence
11. Authority may determine licence terms and conditions
12. Regulations as to licence terms and conditions
13. Licence condition: performance audit
14. Licence condition: asset management system
15. Duration of licence
16. Renewal of licence
17. Licence fees
18. Transfer of licence
19. Decisions as to grant, renewal or transfer of licence
20. Other laws not affected
21. Amendment of licence on application of licensee
22. Amendment of licence on initiative of Authority
23. Notice of decisions
24. Licences to be available for inspection
25. Regulations about public consultation

Division 4 -- Exclusive licences

26. Regulations may authorise an exclusive licence
27. Requirements for regulations
28. Application for and grant of licence
29. Prohibition of further licences
30. Trade practices authorisation

Division 5 -- Interruption of supply

31. Interruption of supply

Division 6 -- Enforcement

32. Failure to comply with licence
33. Right of licensee to make submissions
34. Exception where public health endangered
35. Cancellation of licence
36. Duty to leave system in safe condition

Division 7 -- Administration and monitoring of licensing scheme and issue of codes

37. Authority to administer licensing scheme
38. Authority to monitor licensing scheme and licence compliance
39. Authority may issue codes
39A. Review of code standards applying to Regional Power Corporation

Division 8 -- Powers in relation to land

40. Power of public authority to grant certain interests
41. Taking of interest or easement for purposes of licence
42. Vesting of interest or easement
43. Proceedings and liability
44. Easements in gross

Division 9 -- Extension of Energy Operators (Powers) Act 1979 to licensees

45. Extension of certain provisions of Energy Operators (Powers) Act 1979

Division 10 -- Transitional provision

46. Transitional provision for existing operators

PART 3 -- Supply of electricity to certain customers

Division 1 -- Preliminary

47. Terms used

Division 2 -- Supply contracts

48. Regulations as to supply contracts
49. Form of contract to be submitted with application for grant, renewal or transfer
50. Licence application not to be granted unless standard form contract approved
51. Approval of standard form contract
52. Amendment or replacement of standard form contract
53. Authority may direct that amendment be made
54. Licence condition: contracts
54A. Electricity corporations required to offer to supply electricity under prescribed form of contract
54B. Enforcement of obligation in section 54A(2)

Division 3 -- Connection to distribution system

57. Terms used
58. Regulations as to connection

Division 4 -- Default supplier

59. Regulations as to default supplier

PART 4 -- Extension and expansion policies for certain corporations

60. Terms used
61. Draft policy to be submitted to Coordinator
62. Approval of policy
63. Amendment or replacement of policy
64. Coordinator may direct that amendment be made
65. Licence condition: extension and expansion
66. Regulations as to content of policies

PART 5 -- Last resort supply arrangements

67. Terms used
68. Authority to ensure supply plan in place in designated areas
69. Requirements for last resort supply plan
70. How plan brought into operation
71. Supplier of last resort
72. Functions of supplier of last resort
73. Approval or determination of plan
74. Amendment of plan by supplier
75. Authority may make amendment
76. Licence condition: last resort supply
77. Provision may be made by regulation

PART 6 -- Code of conduct for supply of electricity to small use customers

78. Terms used
79. Code of conduct
80. Code is subsidiary legislation
81. Consultative committee
82. Licence condition: code of conduct
83. Enforcement of code of conduct against marketing agents
84. Code may provide for vicarious liability
85. Code may include presumption of authority
86. Authority to monitor compliance
87. Comment to be sought on amendment or replacement of code
88. Review of code
89. Further provisions about opportunity to comment
89A. Regulations may modify application or operation of enactments to facilitate operation of code

PART 7 -- Electricity ombudsman scheme

Division 1 -- Preliminary

90. Terms used
91. Regulations as to electricity ombudsman scheme

Division 2 -- Approval of electricity ombudsman scheme

92. Authority may approve scheme
93. Requirements for scheme or amendment to be approved
94. Revocation of approval

Division 3 -- Scheme operation

95. Customer may have decision or complaint reviewed
96. Jurisdiction of courts and tribunals
97. Enforcement against marketing agents and others
98. Authority to monitor compliance with decisions

Division 4 -- Membership of approved scheme by licensee

99. Proof of membership in applications relating to licence
100. Prerequisite to grant, renewal or transfer of licence
101. Licence condition: membership of scheme

PART 8 -- Access to services of network infrastructure facilities

Division 1 -- Preliminary

102. Purposes of this Part
103. Terms used

Division 2 -- Establishment of Code

104. Minister to establish Code
104A. Code to provide for coverage of networks
104B. Code to provide for full regulation of access to services of covered networks
105. Other matters for which Code may make provision
106. Code does not affect existing agreements
107. Code is subsidiary legislation
108. Public comment on amendment or replacement of Code
109. Exception to section
110. Consultation with network service providers on amendment or replacement of Code
111. Review of Code
112. Functions of the Authority

Division 3 -- Enforcement

114. References to contravening the Code
115. Prohibitions on hindering or preventing access
116. Proceedings
117. Criminal proceedings do not lie
118. Regulations as to enforcement of Code

PART 8A -- Pilbara networks

Division 1 -- Preliminary

119. Purposes and objective of this Part
120. Terms used

Division 2 -- Pilbara Networks Access Code

120A. Minister to establish Pilbara Networks Access Code
120B. Pilbara Networks Access Code -- covered Pilbara networks
120C. Pilbara Networks Access Code -- light regulation
120D. Additional matters for Pilbara Networks Access Code and other instruments
120E. Additional matters for Pilbara Networks Access Code: more than one provider for network
120F. Consequential amendments to the Code
120G. Pilbara Networks Access Code is subsidiary legislation
120H. Public comment on amendment or replacement of Pilbara Networks Access Code
120I. Exception to section 120H
120J. Consultation with network service providers on amendment or replacement of Pilbara Networks Access Code

Division 3 -- Pilbara networks rules

120K. Regulations to provide for Pilbara networks rules
120L. Pilbara networks rules not subsidiary legislation
120M. Establishment and amendment of Pilbara networks rules
120N. General matters to be dealt with in regulations
120O. Additional matters to be dealt with in regulations or rules
120P. Additional matters to be dealt with in rules: more than one provider

Division 4 -- Pilbara networks technical rules

120Q. Technical rules

Division 5 -- Enforcement

120R. References to contravening regulations, Pilbara Networks Access Code or Pilbara networks rules
120S. Prohibitions on hindering or preventing access
120T. Proceedings
120U. Criminal proceedings do not lie
120V. Regulations as to enforcement of Pilbara Networks Access Code and Pilbara networks rules

Division 6 -- Independent system operator

120W. Independent system operator
120X. Regulations relating to Pilbara ISO

Division 7 -- Functions of Authority

120Y. Functions of Authority

Division 8 -- Reviews of decisions

120Z. Reviews of decisions

Division 9 -- Immunity

120ZA. Terms used
120ZB. Immunity of participants and their officers or employees
120ZC. Regulations may limit or affect immunity
120ZD. Limitation on immunity after initial period
120ZE. Liability of officer of an entity to that entity not affected

Division 10 -- Competition authorisation

120ZF. Competition authorisation by regulation

Division 11 -- Review of system

120ZG. Review of regulation of Pilbara networks
120ZH. Public consultation

Division 12 -- Transitional provisions

120ZI. Pilbara Networks Access Code and Pilbara networks rules do not affect existing agreements

PART 9 -- Wholesale electricity market

121. Terms used
122. Regulations for a wholesale electricity market
123. Market rules
124. Matters to be dealt with in regulations
125. Reviews
126. Immunity of certain participants
127. Competition authorisation by regulation
128. Review of market operation
129. Public consultation

PART 9A -- Tariff equalisation

129A. Purpose of this Part
129B. Terms used
129C. Tariff Equalisation Account
129D. Determination of tariff equalisation contributions
129E. Treasurer may seek advice from the Authority
129F. Payment and passing on of tariff equalisation contributions
129G. Payments from the Account
129H. Information
129I. Treasurer to recommend regulations
129J. Delegation by Treasurer

PART 9B -- Temporary access contribution

129K. Purpose of this Part
129L. Terms used
129M. Temporary Access Contribution Account
129N. Determination of temporary access contributions
129O. Treasurer may seek advice from the Authority
129P. Payment and passing on of temporary access contribution
129Q. Payments from Temporary Access Contribution Account
129R. Information
129S. Treasurer to recommend regulations
129T. Delegation by Treasurer

PART 10 -- Other matters

130. Review by the Board
131A. Licence not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth)
131. Regulations
131B. Enforcement of the regulations
132. Regulations as to fees and charges for supply and services
133. Regulations as to fees and charges for functions of arbitrator and Board
134. Regulations as to excluding Corporations legislation
SCHEDULE 1 -- Licence terms and conditions
SCHEDULE 2 -- Objectives to be met by the electricity ombudsman scheme
SCHEDULE 3 -- Transitional provisions

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