Western Australian Numbered Acts

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ELECTRICITY INDUSTRY ACT 2004 (NO. 5 OF 2004) - SECT 7

7 .         Requirement for licence

        (1)         A person must not construct or operate generating works except under the authority of a generation licence or an integrated regional licence.

        (2)         A person must not construct or operate a transmission system except under the authority of a transmission licence or an integrated regional licence.

        (3)         A person must not construct or operate a distribution system except under the authority of a distribution licence or an integrated regional licence.

        (4)         A person must not sell electricity to customers except under the authority of a retail licence or an integrated regional licence.

        (5)         A person does not commit an offence under subsection (1), (2) or (3) if the generating works, transmission system or distribution system concerned is or are used, or to be used, solely for the supply of electricity for consumption by —

            (a)         the person who owns, controls or operates the works or system;

            (b)         if the person referred to in paragraph (a) is a body corporate, a related body corporate (as defined in the Corporations Act 2001 of the Commonwealth section 9) of the person; or

            (c)         a person who is in partnership with, or is a participant in a joint venture arrangement with, the person referred to in paragraph (a) in relation to that supply.

        (6)         A person does not commit an offence under subsection (4) if the person is the holder of a generation licence and the electricity is sold solely for consumption by another person on the premises on which generating works to which the licence applies are located.

        Penalty applicable to this section: $100 000.

        Daily penalty applicable to this section: $5 000.



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