Western Australia Energy Coordination Act 1994 Energy Coordination (General) Regulations 1995 Western Australia Energy Coordination (General) Regulations 1995 CONTENTS Part 1 - Preliminary 1. Citation 1 2. Commencement 1 3. Terms used in these regulations 1 4. Forms 2 Part 2 - Designation of inspectors 5. Classification of inspectors 3 6. Qualification of inspectors 3 7. Power of inspectors 3 8. Variation or cancellation of certificate 4 Part 3 - Infringement notices 9. Prescribed offences and modified penalties 5 10. Authorised officers and approved officers 5 Part 4 - Appeals under section 19B(2)(b) of the Act 11. Terms used in this Part 6 12. Technical review panel 6 13. Procedure 7 Schedule 1 - Forms Form 1 - Certificate of designation 8 Form 2 - Infringement notice 9 Form 3 - Withdrawal of infringement notice 10 Schedule 2 - Prescribed offences and modified penalties Notes Compilation table 12 Defined Terms Western Australia Energy Coordination Act 1994 Energy Coordination (General) Regulations 1995 Part 1 - Preliminary [Heading inserted in Gazette 20 Mar 2007 p. 1044.] 1. Citation These regulations may be cited as the Energy Coordination (General) Regulations 1995 1. [Regulation 1 amended in Gazette 20 Mar 2007 p. 1044; 30 Nov 2007 p. 5931.] 2. Commencement These regulations come into operation on the day on which the Energy Coordination Act 1994 comes into operation 1. 3. Terms used in these regulations In these regulations, unless the contrary intention appears - issuing authority, in relation to an inspector designated under section 12 of the Act by the Director, means the Director; the Act means the Energy Coordination Act 1994. [Regulation 3 amended in Gazette 5 Nov 2004 p. 4982.] 4. Forms The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms. [Regulation 4 inserted in Gazette 20 Mar 2007 p. 1044.] Part 2 - Designation of inspectors [Heading inserted in Gazette 20 Mar 2007 p. 1044.] 5. Classification of inspectors Inspectors designated pursuant to section 12 of the Act shall be classified as follows - (a) Inspector (Gas); or (b) Inspector (Electricity). 6. Qualification of inspectors A person shall not be designated as an inspector unless the issuing authority is satisfied that the person has such qualifications and experience as will enable that person to carry out in a proper and efficient manner the duties of an inspector of the classification specified in the instrument of designation of that person. [Regulation 6 amended in Gazette 5 Nov 2004 p. 4982.] 7. Power of inspectors The powers conferred on an inspector having the classification specified in Column 1 of the Table to this regulation may only be exercised - (a) for the purpose of an Act specified in Column 2 of that Table opposite, and corresponding to, that classification; and (b) subject to any limitation, and any restriction, specified in the certificate of designation held by that person. Table |Column 1 |Column 2 | |Classification of |Acts | |Inspector | | |Inspector (Gas) |Gas Standards Act 1972, | | |Energy Coordination | | |Act 1994 | |Inspector |Electricity Act 1945, | |(Electricity) |Energy Coordination | | |Act 1994 | 8. Variation or cancellation of certificate (1) Any certificate of designation furnished to an inspector pursuant to section 13 of the Act may be varied or cancelled by the issuing authority. (2) Where a certificate of designation is varied or cancelled under subregulation (1), the person in respect of whom the certificate was issued shall return the certificate to the issuing authority. (3) A person who fails to comply with subregulation (2) commits an offence. Penalty: $200. Part 3 - Infringement notices [Heading inserted in Gazette 20 Mar 2007 p. 1044.] 9. Prescribed offences and modified penalties (1) The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2. (2) The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3). [Regulation 9 inserted in Gazette 20 Mar 2007 p. 1044.] 10. Authorised officers and approved officers (1) The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2. (2) The Director is to issue to each authorised officer a certificate of his or her appointment. [Regulation 10 inserted in Gazette 20 Mar 2007 p. 1045; amended in Gazette 6 Nov 2009 p. 4467.] Part 4 - Appeals under section 19B(2)(b) of the Act [Heading inserted in Gazette 30 Nov 2007 p. 5931.] 11. Terms used in this Part In this Part - appeal means an appeal under section 19B(2)(b) of the Act; appellant means a network operator who commences an appeal; technical review panel means a panel mentioned in section 19B(2)(b) of the Act. [Regulation 11 inserted in Gazette 30 Nov 2007 p. 5931-2.] 12. Technical review panel (1) If an appeal is made under section 19B(2)(b) of the Act, the chief executive officer must convene a technical review panel. (2) The technical review panel is to consist of 3 professional engineers who are competent to deal with the matter the subject of the appeal appointed by the chief executive officer from individuals nominated by the President of the Western Australian Division of The Institution of Engineers Australia. (3) The chief executive officer must appoint one of the members of the technical review panel to be the chairperson. (4) The chief executive officer may - (a) direct that the members of the technical review panel are to be paid remuneration; and (b) determine the amount of any such payments on the recommendation of the Public Sector Commissioner. (5) The chief executive officer must provide the technical review panel with such support services as it may reasonably require. [Regulation 12 inserted in Gazette 30 Nov 2007 p. 5932; amended in Gazette 11 Feb 2011 p. 506-7.] 13. Procedure (1) An appeal must be commenced by the appellant giving the chief executive officer a notice of appeal. (2) The notice of appeal must - (a) be in writing; and (b) set out the grounds of appeal; and (c) set out any representations that the appellant wishes to make in support of the appeal. (3) The notice of appeal must be given to the chief executive officer within 30 days after the day on which the appellant received - (a) written notice of the Director's determination under section 19A(5) of the Act; or (b) written notice of the Director's refusal to approve an agreement reached under section 18C(6) of the Act. (4) The chief executive officer must give the technical review panel the notice of appeal as soon as practicable after the technical review panel is convened. (5) Subject to subregulation (6), the technical review panel may determine its own procedure. (6) The technical review panel must give the Director - (a) a copy of the notice of appeal; and (b) a reasonable opportunity to make submissions in relation to the appeal. (7) The technical review panel must complete the review by making a decision under section 19B(3) of the Act within the period specified by the chief executive officer in writing. (8) The technical review panel must give the appellant and the Director written notice of its decision made under section 19B(3) of the Act. [Regulation 13 inserted in Gazette 30 Nov 2007 p. 5932-3.] Schedule 1 - Forms [r. 4] [Heading inserted in Gazette 20 Mar 2007 p. 1045.] Form 1 - Certificate of designation Energy Coordination Act 1994 Energy Coordination (General) Regulations 1995 3 CERTIFICATE OF DESIGNATION This is to certify that ............................................................................ .................. is designated an *Inspector (Gas)/*Inspector (Electricity) for the purposes of the following Acts: ............................................................................ ..................................................... ............................................................................ ..................................................... Powers of inspection that may be exercised: ............................................... ....................................................................... ............................................. ....................................................................... ............................................. ....................................................................... ............................................. Limitations/Restrictions applicable: ............................................................ ....................................................................... ............................................. ....................................................................... ............................................. ....................................................................... ............................................. ....................................................................... ............................................. ....................................................................... ............................................. ....................................................................... ............................................. This designation has effect until .................................................................. (date) DIRECTOR OF ENERGY SAFETY *Delete as inapplicable. Dated ................................... 20....... Certificate No. ...................................... [Form 1 amended in Gazette 5 Nov 2004 p. 4982-3; 20 Mar 2007 p. 1045.] Form 2 - Infringement notice |Energy Coordination Act 1994 |Infringement | |Infringement notice |notice no. | |Alleged |Name: Family name | |offender | | | | Given names | | |or Company name | | |____________________________________ | | |ACN | | |Address | | |__________________________________________| | |______ | | |Postcode | |Alleged |Description of offence | |offence |_____________________________________ | | |Energy Coordination Act 1994 s. | | |Date / /20 Time a.m./p.m. | | |Modified penalty $ | |Officer |Name | |issuing | | |notice | | | |Signature | | |Office | |Date |Date of notice / /20 | |Notice to|It is alleged that you have committed the | |alleged |above offence. | |offender |If you do not want to be prosecuted in | | |court for the offence, pay the modified | | |penalty within 28 days after the date of | | |this notice. | | |By post: Send a cheque or money order | | |(payable to 'Director of Energy Safety') | | |to: | | |Director of Energy Safety | | |[Address] | | |In person: Pay the cashier at: | | |Energy Safety | | |[Address] | | |If you do not pay the modified penalty | | |within 28 days, you will be prosecuted or | | |enforcement action will be taken under the| | |Fines, Penalties and Infringement Notices | | |Enforcement Act 1994. Under that Act your| | |driver's licence and/or vehicle licence | | |may be suspended. | | |If you need more time to pay the modified | | |penalty, you can apply for an extension of| | |time by writing to the Director of Energy | | |Safety at the above address. | | |If you want this matter to be dealt with | | |by prosecution in court, tick this box ? | | |and post this notice to the Director of | | |Energy Safety at the above address within | | |28 days after the date of this notice. | [Form 2 inserted in Gazette 20 Mar 2007 p. 1045-6.] Form 3 - Withdrawal of infringement notice |Energy Coordination Act 1994 |Withdrawal no. | |Withdrawal of infringement notice | | |Alleged |Name: Family name | |offender | | | | Given names | | |or Company name | | |_____________________________________ | | |ACN | | |Address | | |__________________________________________| | |_____________ | | |Postcode | |Infringem|Infringement notice no. | |ent | | |notice | | | |Date of issue / /20 | |Alleged |Description of offence | |offence |____________________________________ | | |Energy Coordination Act 1994 s. | | |Date / /20 Time a.m./p.m. | |Officer |Name | |withdrawi| | |ng notice| | | |Signature | | |Office | |Date |Date of withdrawal / /20 | |Withdrawa|The above infringement notice issued | |l of |against you has been withdrawn. | |infringem|If you have already paid the modified | |ent |penalty for the alleged offence you are | |notice |entitled to a refund. | | |* Your refund is enclosed. | |[*delete |or | | |* If you have paid the modified penalty | |whichever|but a refund is not enclosed, to claim | | |your refund sign this notice and post it | |is not |to: | |applicabl|Director of Energy Safety | |e] |[Address] | | |Signature / /20 | [Form 3 inserted in Gazette 20 Mar 2007 p. 1046.] Schedule 2 - Prescribed offences and modified penalties [r. 9] [Heading inserted in Gazette 6 Nov 2009 p. 4468.] |Offences under Energy Coordination |Modified penalty| |Act 1994 | | | |Individua|Body | | |l |corpora| | | |te | |s. 20(1)|Failing to give inspector | | | |(b) |access to land, premises or| | | | |thing, or to give |$1 000 |$5 000 | | |reasonable assistance, when| | | | |required under s. 14(b) | | | |s. 20(2)|Failing to provide | | | | |information, records or |$1 000 |$5 000 | | |documents when requested | | | | |under s. 14(d) | | | |s. 20(3)|Giving false or misleading | | | | |information in response to |$1 000 |$5 000 | | |a request under s. 14(d) | | | |s. 20(4)|Failing to comply with | | | | |order given by inspector |$2 000 |$10 000| | |under s. 18 | | | |s. 20(4)|Failing to comply with | | | | |order given by inspector |$3 000 |$15 000| | |under s. 18A, 18B or 18C | | | [Schedule 2 inserted in Gazette 6 Nov 2009 p. 4468.] Notes 1 This is a compilation of the Energy Coordination (General) Regulations 1995 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint. Compilation table |Citation |Gazettal |Commencement | |Energy Coordination |23 Dec 19|1 Jan 1995 (see r. 2| |(Designation of |94 |and Gazette | |Inspectors) |p. 7139-4|23 Dec 1994 p. 7069)| |Regulations 1995 2 |2 | | |Reprint 1: The Energy Coordination (Designation of | |Inspectors) Regulations 1995 as at 7 May 2004 | |Energy Coordination |5 Nov 200|5 Nov 2004 | |(Designation of |4 | | |Inspectors) Amendment |p. 4982-3| | |Regulations 2004 | | | |Energy Coordination |20 Mar 20|20 Mar 2007 | |(Designation of |07 | | |Inspectors) Amendment |p. 1043-7| | |Regulations 2007 | | | |Energy Coordination |30 Nov 20|r. 1 and 2: | |(Inspectors and |07 |30 Nov 2007 (see | |Infringement Notices) |p. 5931-3|r. 2(a)); | |Amendment | |Regulations other | |Regulations 2007 | |than r. 1 and 2: | | | |1 Dec 2007 (see | | | |r. 2(b) and Gazette | | | |30 Nov 2007 p. 5927)| |Reprint 2: The Energy Coordination (General) | |Regulations 1995 as at 25 Jan 2008 (includes | |amendments listed above) | |Energy Coordination |6 Nov 200|r. 1 and 2: | |(General) Amendment |9 |6 Nov 2009 | |Regulations 2009 |p. 4467-8|(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |7 Nov 2009 (see | | | |r. 2(b)) | |Public Sector Reform |11 |12 Feb 2011 (see | |(Consequential |Feb 2011 |r. 2(d)) | |Amendments) Regulations |p. 502-7 | | |2011 r. 20 | | | 2 Citation was initially the Energy Coordination (Designation of Inspectors) Regulations 1995 and was subsequently changed to the Energy Coordination (Inspectors and Infringement Notices) Regulations 1995 then to the Energy Coordination (General) Regulations 1995 (see note under r. 1). 3 Formerly referred to the Energy Coordination (Inspectors and Infringement Notices) Regulations 1995 the citation of which was changed (see note under r. 1). This reference was changed under the Reprints Act 1984 s. 7(3)(gb). Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) appeal 11 appellant 11 issuing authority 3 technical review panel 11 the Act 3