Western Australian Numbered Acts Western Australian Numbered Acts 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 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 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
(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 insertion of subsection (1) into this Act by the
Electricity Legislation Amendment Act 2004 .
(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 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 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 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.
”.