Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used in this Act
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 -- Other functions of the Authority
37. Authority to administer licensing scheme
38. Authority to monitor licensing scheme and licence compliance
39. Authority may issue codes
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 in this Part
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
55. Contracts with corporations
56. Enforcement of obligation in section 55(2)
Division 3 -- Connection to distribution system
57. Terms used in this Division
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 in this Part
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 in this Part
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 in this Part
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
PART 7 -- Electricity ombudsman scheme
Division 1 -- Preliminary
90. Terms used in this Part
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 in this Part
Division 2 -- Establishment of Code
104. Minister to establish Code
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 108
110. Consultation with network service providers on amendment or replacement of Code
111. Review of Code
112. Functions of the Authority
113. The arbitrator
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
Division 4 -- Transitional
119. Value of existing facilities
120. Expiry
PART 9 -- Wholesale electricity market
121. Terms used in this Part
122. Regulations for a wholesale electricity market
123. Market rules
124. Matters to be dealt with in regulations
125. Appeals
126. Immunity of certain participants
127. Trade practices authorisation by regulation
128. Review of market operation
129. Public consultation
PART 10 -- Other matters
130. Review by the Board
131. 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
SCHEDULE 1 -- Licence terms and conditions
SCHEDULE 2 -- Objectives to be met by the electricity ombudsman scheme
SCHEDULE 3 -- Transitional provisions
[Assented to 23 April 2004]