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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Energy Legislation Amendment and Repeal
Bill 2016
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electricity Industry Act 2004
amended
Division 1 -- Amendments commencing on the
day after Royal Assent
3. Act amended 3
4. Long title amended 3
5. Section 3 amended 3
6. Section 30 amended 4
7. Section 39 amended 4
8. Section 48 amended 5
9. Part 3A inserted 5
Part 3A -- Network supply services:
distributor-customer and
distributor-retailer relationships
59A. Terms used 5
59B. Obligation on Part 3A distributor to provide
network supply services 8
59C. Regulations about provision of network
supply services 8
59D. Regulations about relationship between
Part 3A distributors and Part 3A retailers 10
59E. Relationship to code of conduct for supply
of electricity to small use customers 12
10. Section 79 amended 12
11. Section 81 amended 13
12. Section 92 amended 13
201--1 page i
Energy Legislation Amendment and Repeal Bill 2016
Contents
13. Section 103 amended 13
14. Section 127 amended 13
15. Sections 131B and 131C inserted 13
131B. Delegation by Minister 13
131C. Authority's security and reliability functions 14
16. Section 131 amended 15
17. Section 132 amended 16
18. Part 11 inserted 17
Part 11 -- Transitional provisions
Division 1 -- Transitional provisions for Energy
Legislation Amendment and Repeal Act 2016
Subdivision 1 -- Transitional provisions relating to
access to services of network infrastructure
facilities
135. Terms used 17
136. Gap year instrument and extension of
Access Arrangement 3 18
137. Effect of gap year instrument and
secondary determinations 19
138. RCP1 transition instrument 20
139. General provisions about transitional
instruments 21
140. Regulations about transitional instruments 22
Subdivision 2 -- Transitional provisions for new
Part 3A
141. Terms used 22
142. Network supply service contracts taken to
have been entered into on 1 July 2018 23
143. Relationship between Part 3A distributors
and Part 3A retailers 24
144. Transitional status of Electricity Networks
Corporation and its distribution system 24
145. Transitional regulations 24
Subdivision 3 -- Other provisions
146. Minister may amend codes for transitional
purposes 25
147. References to National Electricity (WA)
Law, Regulations and Rules 26
19. Schedule 3 deleted 26
Division 2 -- Amendments commencing on
1 July 2018
20. Act amended 26
21. Section 3 amended 27
22. Section 11 amended 28
page ii
Energy Legislation Amendment and Repeal Bill 2016
Contents
23. Section 31 amended 29
24. Section 39A amended 29
25. Section 59B amended 30
26. Section 60 amended 30
27. Section 90 amended 30
28. Section 102A inserted 31
102A. Application of this Part 31
29. Section 103 amended 31
30. Part 8A inserted 31
Part 8A -- Access to Western Power network
120A. Terms used 31
120B. Access to Western Power network:
modification of agreements in force before
1 July 2018 32
120C. Saving provision 33
31. Section 129B amended 34
32. Section 129F amended 34
33. Schedule 1 amended 35
Part 3 -- Repeal of Energy
Arbitration and Review Act 1998
and associated amendments
Division 1 -- Energy Arbitration and Review
Act 1998 amended and repealed
Subdivision 1 -- Amendments commencing on the
day after Royal Assent
34. Act amended 36
35. Part 2 inserted 36
Part 2 -- Transitional provisions for abolition of
review board and arbitrator
Division 1 -- Preliminary
6. Terms used 36
Division 2 -- Financial provisions
7. Assets, rights and liabilities of arbitrator 38
8. Recovery of standing charges for final
quarter and unpaid standing charges 38
9. Minister to appoint assessment officer for
section 8 40
Division 3 -- Applications and proceedings
10. Proceedings before arbitrator immediately
before abolition day 40
page iii
Energy Legislation Amendment and Repeal Bill 2016
Contents
11. Application for review of decision before
Board immediately before abolition day 41
12. Application for review of decision made in
6-month period before abolition day 42
13. Application for civil penalty enforcement
order or contravention order before Board
immediately before abolition day 43
14. Enforcement of notice demanding
payment of civil penalty given in 6-month
period before abolition day 44
Division 4 -- Transitional regulations
15. Transitional regulations 45
Subdivision 2 -- Amendments commencing on
1 July 2017
36. Act amended 46
37. Part 6 heading replaced 46
Part 6 -- Regulations
38. Part 6 Divisions 2 and 3 deleted 46
39. Part 6 Division 4 heading deleted 46
Subdivision 3 -- Energy Arbitration and Review
Act 1998 repealed
40. Energy Arbitration and Review Act 1998 repealed 46
Division 2 -- Constitution Acts Amendment
Act 1899 amended
41. Act amended 47
42. Schedule V Part 1 Division 1 amended 47
Division 3 -- Electricity Corporations Act 2005
amended
43. Act amended 47
44. Section 39 amended 47
Division 4 -- Electricity Industry Act 2004
amended
45. Act amended 47
46. Section 3 amended 47
47. Section 104 amended 48
48. Section 105 amended 48
49. Section 116 amended 48
50. Section 124 amended 48
51. Section 125 replaced 49
125. Review of decisions by State
Administrative Tribunal 49
page iv
Energy Legislation Amendment and Repeal Bill 2016
Contents
52. Section 130 amended 49
53. Section 133 amended 50
Division 5 -- Financial Management Act 2006
amended
54. Act amended 50
55. Schedule 1 amended 50
Division 6 -- Freedom of Information Act 1992
amended
56. Act amended 51
57. Glossary clause 7A amended 51
Division 7 -- Gas Corporation (Business
Disposal) Act 1999 amended
58. Act amended 51
59. Section 38 amended 52
Division 8 -- Gas Services Information Act 2012
amended
60. Act amended 52
61. Section 3 amended 52
62. Section 8 amended 52
63. Section 9 amended 52
64. Section 12 replaced 53
12. Review of decisions by State
Administrative Tribunal 53
65. Part 3 deleted 53
Division 9 -- Gas Supply (Gas Quality
Specifications) Act 2009 amended
66. Act amended 53
67. Section 9 amended 53
68. Section 11 amended 54
69. Section 16 amended 54
70. Section 34 amended 54
71. Part 7 deleted 54
Division 10 -- Petroleum (Submerged Lands)
Act 1982 amended
72. Act amended 55
73. Section 73 amended 55
Division 11 -- Petroleum Pipelines Act 1969
amended
74. Act amended 55
page v
Energy Legislation Amendment and Repeal Bill 2016
Contents
75. Section 21 amended 55
76. Section 22 amended 56
Part 4 -- Amendments to other Acts
consequential on National
Electricity (Western Australia)
Act 2016
Division 1 -- Economic Regulation Authority
Act 2003 amended
77. Act amended 57
78. Section 25 amended 57
Division 2 -- Electricity Corporations Act 2005
amended
Subdivision 1 -- Amendments commencing on the
day after Royal Assent
79. Act amended 57
80. Section 41 amended 57
Subdivision 2 -- Amendments commencing on
1 July 2018
81. Act amended 58
82. Section 41 amended 58
83. Section 54 amended 58
Division 3 -- Energy Coordination Act 1994
amended
84. Act amended 58
85. Section 26B inserted 59
26B. Inconsistency of regulations with WA
national electricity legislation 59
Division 4 -- Energy Operators (Powers)
Act 1979 amended
86. Act amended 59
87. Section 58 amended 59
88. Section 61 amended 60
89. Section 125 amended 60
page vi
Energy Legislation Amendment and Repeal Bill 2016
Contents
Part 5 -- Amendments to other Acts
consequential on National Gas
Access (WA) Amendment
Act 2016
Division 1 -- Economic Regulation Authority
Act 2003 amended
90. Act amended 61
91. Section 25 amended 61
92. Section 26 amended 61
93. Section 28 amended 61
94. Section 32 amended 61
95. Section 51 amended 62
Division 2 -- Energy Coordination Act 1994
amended
96. Act amended 62
97. Section 3 amended 62
98. Section 11M amended 62
99. Section 11V amended 63
100. Section 11ZAC amended 63
101. Schedule 1A amended 63
Division 3 -- Freedom of Information Act 1992
amended
102. Act amended 63
103. Glossary clause 7A amended 63
Division 4 -- Gas Services Information Act 2012
amended
104. Act amended 64
105. Section 3 amended 64
106. Section 13 amended 64
Division 5 -- Gas Supply (Gas Quality
Specifications) Act 2009 amended
107. Act amended 65
108. Section 3 amended 65
Division 6 -- Parliamentary Commissioner
Act 1971 amended
109. Act amended 66
110. Schedule 1 amended 66
page vii
Energy Legislation Amendment and Repeal Bill 2016
Contents
Division 7 -- Petroleum (Submerged Lands)
Act 1982 amended
111. Act amended 66
112. Section 73 amended 66
Division 8 -- Petroleum Pipelines Act 1969
amended
113. Act amended 67
114. Section 21 amended 67
115. Section 22 amended 67
page viii
Western Australia
LEGISLATIVE COUNCIL
Energy Legislation Amendment and Repeal
Bill 2016
A Bill for
An Act to --
• amend the Electricity Industry Act 2004; and
• amend and repeal the Energy Arbitration and Review Act 1998
and make consequential amendments to other Acts; and
• make consequential amendments to various Acts necessary as a
result of the enactment of the National Electricity (Western
Australia) Act 2016 and the National Gas Access (WA)
Amendment Act 2016; and
• provide for transitional matters,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Energy Legislation Amendment and Repeal Bill 2016
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Energy Legislation Amendment and Repeal
4 Act 2016.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent (assent day);
9 (b) Part 2 Division 1, Part 3 Division 1 Subdivision 1 and
10 Part 4 Division 1 and Division 2 Subdivision 1 -- on the
11 day after assent day;
12 (c) Part 3 Division 1 Subdivision 2 and Divisions 2 to 11 --
13 on 1 July 2017;
14 (d) Part 3 Division 1 Subdivision 3 -- on 1 January 2018;
15 (e) the rest of the Act -- on 1 July 2018.
page 2
Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on the day after Royal Assent Division 1
s. 3
1 Part 2 -- Electricity Industry Act 2004 amended
2 Division 1 -- Amendments commencing on the day after
3 Royal Assent
4 3. Act amended
5 This Division amends the Electricity Industry Act 2004.
6 4. Long title amended
7 In the long title delete "to govern" and insert:
8
9 relating to
10
11 5. Section 3 amended
12 (1) In section 3 insert in alphabetical order:
13
14 local electricity system has the meaning given in the
15 National Electricity (WA) Law section 2(1);
16 National Electricity (WA) Rules has the meaning
17 given in the National Electricity (Western Australia)
18 Act 2016 section 3(1);
19 network supply service has the meaning given in
20 section 59A(1);
21 Registered participant has the meaning given in the
22 National Electricity (WA) Law section 2(1);
23 retailer means a person who holds --
24 (a) a retail licence; or
25 (b) an integrated regional licence that authorises
26 the licensee to sell electricity;
27 specified, in relation to an instrument or document
28 made under or referred to in this Act, means specified
29 in that instrument or document;
page 3
Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 6
1 WA national electricity legislation means --
2 (a) the National Electricity (Western Australia)
3 Act 2016; and
4 (b) the National Electricity (WA) Law; and
5 (c) the National Electricity (WA) Regulations; and
6 (d) the National Electricity (WA) Rules; and
7 (e) instruments under them.
8
9 (2) In section 3 in the definition of transmission system delete
10 "higher." and insert:
11
12 higher;
13
14 6. Section 30 amended
15 In section 30 delete "the Trade Practices Act 1974 of the
16 Commonwealth and the Competition Code --" and insert:
17
18 the Competition and Consumer Act 2010 (Cwlth) and the
19 Competition Code of Western Australia --
20
21 7. Section 39 amended
22 In section 39(2):
23 (a) delete paragraph (d) and insert:
24
25 (d) standards that are to be observed by the holders
26 of transmission licences, distribution licences
27 or integrated regional licences relating to --
28 (i) the quality and reliability of the supply
29 of electricity; and
page 4
Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on the day after Royal Assent Division 1
s. 8
1 (ii) the quality of customer service;
2
3 (b) in paragraph (da) delete "compensation payments to be
4 made" and insert:
5
6 the provision of compensation (whether or not directly)
7
8 (c) after paragraph (da) insert:
9
10 (db) network planning;
11
12 8. Section 48 amended
13 Delete section 48(4).
14 9. Part 3A inserted
15 After section 59 insert:
16
17 Part 3A -- Network supply services:
18 distributor-customer and
19 distributor-retailer relationships
20 59A. Terms used
21 (1) In this Part --
22 direct billing arrangement, between a Part 3A
23 distributor and a retail customer, means an arrangement
24 under which the customer pays network supply service
25 charges directly to the distributor;
26 electricity laws means --
27 (a) the WA national electricity legislation; and
28 (b) the Electricity Act 1945; and
29 (c) the Electricity Corporations Act 2005; and
page 5
Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 9
1 (d) the Electricity Transmission and Distribution
2 Systems (Access) Act 1994; and
3 (e) the Energy Coordination Act 1994; and
4 (f) the Energy Operators (Powers) Act 1979; and
5 (g) this Act;
6 National Energy Retail Law means the National
7 Energy Retail Law set out in the Schedule to the
8 National Energy Retail Law (South Australia) Act 2011
9 (South Australia);
10 network supply service means a service constituted by
11 the transfer of electricity to or from premises, of a retail
12 customer, connected to a Part 3A distribution system,
13 and related services, including the de-energisation or
14 re-energisation of the premises, but does not include
15 establishing, altering or removing the connection to the
16 premises;
17 network supply service charges means charges that a
18 Part 3A distributor is entitled, under the WA national
19 electricity legislation, to charge for the provision of --
20 (a) a network supply service; or
21 (b) any other customer connection service;
22 Part 3A distribution system means a distribution
23 system of a Part 3A distributor in relation to which the
24 distributor is required to be a Registered participant
25 under the National Electricity (WA) Law section 11;
26 Part 3A distributor means a person who --
27 (a) holds a distribution licence that relates to the
28 South West interconnected system; and
29 (b) in relation to the activity of owning, controlling
30 or operating the distribution system covered by
31 the licence -- is required to be a Registered
32 participant under the National Electricity (WA)
33 Law section 11;
page 6
Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on the day after Royal Assent Division 1
s. 9
1 Part 3A retailer means a retailer who has a customer to
2 whom the retailer sells electricity for consumption at
3 premises connected to a Part 3A distribution system;
4 retail customer means a person --
5 (a) to whom electricity is or is to be sold by a
6 retailer for the purpose of consumption at
7 premises connected to a distribution system; or
8 (b) from whom a retailer purchases or is to
9 purchase electricity generated at premises
10 connected to a distribution system;
11 shared customer, of a Part 3A distributor and a Part 3A
12 retailer, means a retail customer --
13 (a) to whom electricity is or is to be sold by the
14 retailer for consumption at premises connected
15 to a Part 3A distribution system of the
16 distributor; or
17 (b) from whom the retailer purchases or is to
18 purchase electricity generated at premises
19 connected to a Part 3A distribution system of
20 the distributor.
21 (2) In this Part, customer connection service,
22 de-energisation and re-energisation have the same
23 respective meanings as they have in the National
24 Energy Retail Law section 2(1).
25 (3) For the purposes of the definition of Part 3A
26 distributor in subsection (1), a distribution licence
27 relates to the South West interconnected system if it is
28 a licence to construct or operate a distribution system
29 that is or will be connected to the South West
30 interconnected system or that forms or will form part of
31 that system.
page 7
Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 9
1 59B. Obligation on Part 3A distributor to provide
2 network supply services
3 (1) A Part 3A distributor must, subject to and in
4 accordance with the electricity laws, provide a network
5 supply service to a retail customer --
6 (a) who requests the service; and
7 (b) whose premises are connected to a Part 3A
8 distribution system of the distributor.
9 (2) A network supply service that must be provided to a
10 retail customer must be provided under a contract that
11 either --
12 (a) is the standard contract that, under the
13 regulations, is relevant to the customer; or
14 (b) is negotiated.
15 (3) If a Part 3A distributor must provide a network supply
16 service to a retail customer, the distributor must offer
17 to provide the service under the standard contract
18 relevant to the customer, except in circumstances, or in
19 relation to a class of customer, specified in the
20 regulations.
21 (4) It is a condition of every distribution licence held by a
22 Part 3A distributor in relation to a Part 3A distribution
23 system that the distributor must comply with
24 subsections (1), (2) and (3).
25 (5) This section has no effect until 1 July 2018.
26 59C. Regulations about provision of network supply
27 services
28 (1) The regulations may provide for and in relation to the
29 relationship between Part 3A distributors (distributors)
30 and retail customers in relation to the provision of
31 network supply services.
page 8
Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on the day after Royal Assent Division 1
s. 9
1 (2) Without limiting subsection (1), the regulations may --
2 (a) provide for the classification of retail
3 customers;
4 (b) provide for the contracts under which network
5 supply services are provided;
6 (c) prohibit distributors from entering into direct
7 billing arrangements for the provision of
8 network supply services with retail customers
9 of a specified class;
10 (d) provide for standards of service in the provision
11 of network supply services;
12 (e) provide for compensation to retail customers
13 for a failure to observe those standards of
14 service;
15 (f) provide, without limiting section 12, that it is a
16 condition of a distribution licence held by a
17 distributor in relation to a Part 3A distribution
18 system that the distributor must comply with
19 specified provisions of the regulations made for
20 the purposes of this section;
21 (g) provide for the giving or publication of
22 information by distributors;
23 (h) confer functions on the Authority, the Minister
24 or another person.
25 (3) Regulations for the purposes of subsection (2)(b)
26 may --
27 (a) provide for minimum terms and conditions of
28 contracts;
29 (b) provide for the determination of --
30 (i) the terms and conditions of standard
31 contracts; and
32 (ii) which standard contract is relevant to
33 which class of retail customer;
page 9
Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 9
1 (c) provide for the approval of the terms and
2 conditions of standard contracts;
3 (d) provide for the formation of contracts,
4 including for the circumstances in which a
5 standard contract is taken to have been entered
6 into;
7 (e) provide for the amendment of standard
8 contracts, including for the Authority to require
9 that amendments be made;
10 (f) provide for a framework within which contracts
11 may be negotiated, including for the
12 circumstances in which --
13 (i) parties to a negotiation must use the
14 framework; and
15 (ii) persons are taken to be parties to a
16 negotiation;
17 (g) provide for the circumstances in which
18 specified rights and obligations provided for
19 under a standard contract continue after its
20 termination.
21 59D. Regulations about relationship between Part 3A
22 distributors and Part 3A retailers
23 (1) The regulations may provide for and in relation to the
24 relationship between Part 3A distributors (distributors)
25 and Part 3A retailers (retailers) in relation to shared
26 customers.
27 (2) Without limiting subsection (1), the regulations may --
28 (a) provide for the payment of network supply
29 service charges by retailers, including for the
30 recovery of overdue charges;
31 (b) provide for retailers to make applications for
32 network supply services on behalf of retail
33 customers of the retailer;
page 10
Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on the day after Royal Assent Division 1
s. 9
1 (c) provide for the sharing of information between
2 distributors and retailers;
3 (d) provide for distributors to notify retailers of
4 interruptions to supply;
5 (e) provide for the coordination of the
6 de-energisation and re-energisation of premises
7 and for liability for network supply service
8 charges in relation to that;
9 (f) provide for service standard payments to be
10 made to customers through retailers;
11 (g) provide for the mutual indemnification of
12 distributors and retailers in relation to acts and
13 omissions of each other;
14 (h) provide for the referral of enquiries and
15 complaints made by shared customers;
16 (i) provide for the resolution of disputes between
17 distributors and retailers;
18 (j) provide, without limiting section 12, that it is a
19 condition of a distribution licence held by a
20 distributor in relation to a Part 3A distribution
21 system that the distributor must comply with
22 specified provisions of the regulations made for
23 the purposes of this section;
24 (k) provide, without limiting section 12, that it is a
25 condition of a retail licence held by a retailer
26 that the retailer must comply with specified
27 provisions of the regulations made for the
28 purposes of this section.
29 (3) In subsection (2)(f) --
30 service standard payment means a payment of
31 compensation by a distributor to a retail customer, for a
32 failure to observe certain standards, as described in
33 section 39(2)(da), 59C(2)(e) or 79(2)(cb).
page 11
Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 10
1 (4) The Minister may make a code dealing with --
2 (a) billing arrangements for network supply service
3 charges; and
4 (b) the provision of credit support by retailers; and
5 (c) other matters, in relation to which regulations
6 for the purposes of this section may be made,
7 specified in the regulations made for the
8 purposes of this subsection.
9 (5) The code is subsidiary legislation for the purposes of
10 the Interpretation Act 1984.
11 (6) A provision of the code is of no effect to the extent to
12 which it is inconsistent with this Act or another written
13 law.
14 59E. Relationship to code of conduct for supply of
15 electricity to small use customers
16 A provision of the code of conduct, as defined in
17 section 78, is of no effect to the extent to which it is
18 inconsistent with regulations made for the purposes of
19 this Part.
20
21 10. Section 79 amended
22 (1) Delete section 79(2)(c) and insert:
23
24 (c) defining standards of service or conduct in the
25 supply and marketing of electricity to
26 customers; and
27 (ca) defining standards of service in the provision of
28 network supply services; and
29 (cb) providing for compensation payments to be
30 made to customers when those standards are
31 not met; and
32
page 12
Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on the day after Royal Assent Division 1
s. 11
1 (2) Delete section 79(4).
2 11. Section 81 amended
3 Delete section 81(6).
4 12. Section 92 amended
5 Delete section 92(6).
6 13. Section 103 amended
7 In section 103 in the definition of access delete "Trade
8 Practices Act 1974 of the Commonwealth;" and insert:
9
10 Competition and Consumer Act 2010 (Cwlth);
11
12 14. Section 127 amended
13 In section 127(2) delete "Trade Practices Act 1974 of the
14 Commonwealth and the Competition Code." and insert:
15
16 Competition and Consumer Act 2010 (Cwlth) and the
17 Competition Code of Western Australia.
18
19 15. Sections 131B and 131C inserted
20 After section 131A insert:
21
22 131B. Delegation by Minister
23 (1) This section applies to a function of the Minister under
24 this Act which may, by express provision (the
25 provision) in this Act, be delegated.
26 (2) A delegation under the provision must be in writing
27 signed by the Minister.
page 13
Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 15
1 (3) A person exercising or performing a power or duty that
2 has been delegated to the person under the provision is
3 taken to do so in accordance with the terms of the
4 delegation unless the contrary is shown.
5 (4) The provision does not limit the ability of the Minister
6 to perform a function through an officer or agent.
7 131C. Authority's security and reliability functions
8 (1) In this section --
9 Authority's security and reliability functions means
10 security and reliability functions of the Authority in
11 relation to a local electricity system under --
12 (a) the National Electricity (Western Australia)
13 Act 2016; or
14 (b) this Act;
15 committee means a committee established by the
16 Authority under subsection (2);
17 security and reliability functions, in relation to a local
18 electricity system, means functions that relate to the
19 security or reliability of the local electricity system,
20 including functions that relate to --
21 (a) the continuity and reliability with which a local
22 electricity system conveys electricity; or
23 (b) the quality of the electricity conveyed.
24 (2) The Authority may, in accordance with regulations
25 made for the purposes of subsection (4), establish a
26 committee to advise it on matters relating to the
27 Authority's security and reliability functions.
28 (3) Subject to regulations made for the purposes of
29 subsection (4), a committee may determine its own
30 procedures.
page 14
Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on the day after Royal Assent Division 1
s. 16
1 (4) The regulations may --
2 (a) confer on the Authority security and reliability
3 functions in relation to a local electricity
4 system;
5 (b) provide for the review of a decision of the
6 Authority made in the performance of the
7 Authority's security and reliability functions,
8 including review by the State Administrative
9 Tribunal;
10 (c) provide for the membership, constitution and
11 procedures of a committee;
12 (d) require the Authority to consult with a
13 committee before exercising specified security
14 and reliability functions.
15
16 16. Section 131 amended
17 (1) In section 131 delete "The Governor" and insert:
18
19 (1) The Governor
20
21 (2) At the end of section 131 insert:
22
23 (2) Without limiting subsection (1), the regulations may
24 provide for and in relation to the relationship between
25 this Act and the WA national electricity legislation,
26 including by providing for how this Act and
27 instruments under it have effect in relation to matters
28 and things affected by the WA national electricity
29 legislation.
30 (3) Without limiting subsection (1), the regulations may --
31 (a) specify a capital expenditure programme in
32 relation to a holder of a distribution licence or
page 15
Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 17
1 transmission licence if the licensee is a
2 participant in the programme; and
3 (b) provide, without limiting section 12, that it is a
4 condition of the licence that the licensee must
5 comply with the obligations of the licensee
6 under the programme to the extent specified.
7 (4) The reference in subsection (3)(a) to a participant in a
8 programme includes a reference to a person who
9 participates in the programme only because the person
10 has obligations under the programme.
11 (5) The regulations, or an instrument under them, may
12 apply, adopt or incorporate the whole or a part of a
13 legislative instrument, or other published document,
14 relating to the purposes of this Act --
15 (a) with or without modifications; or
16 (b) as in force at a particular time or from time to
17 time.
18
19 17. Section 132 amended
20 (1) In section 132(1) delete "prescribed" (each occurrence) and
21 insert:
22
23 specified
24
25 (2) Delete section 132(2) and insert:
26
27 (2) Without limiting subsection (1), the regulations may --
28 (a) make provision for and in relation to discounts,
29 rebates or concessions to be made available to
30 customers of a specified class or in specified
31 circumstances in respect of fees or charges
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1 payable in relation to the supply of electricity
2 or the provision of a specified service;
3 (b) provide that fees and charges payable in respect
4 of premises, of customers of a specified class,
5 that are connected to a specified distribution
6 system must not differ on the basis of the
7 location of the premises.
8
9 18. Part 11 inserted
10 After section 134 insert:
11
12 Part 11 -- Transitional provisions
13 Division 1 -- Transitional provisions for Energy
14 Legislation Amendment and Repeal Act 2016
15 Subdivision 1 -- Transitional provisions relating to access
16 to services of network infrastructure facilities
17 135. Terms used
18 In this Subdivision --
19 access arrangement has the meaning given in
20 section 103;
21 Access Arrangement 3 means the access arrangement,
22 known as Access Arrangement 3, for the Western
23 Power network for the period beginning on
24 1 July 2012, as in force from time to time;
25 Code has the meaning given in section 103;
26 gap year means the period beginning on 1 July 2017
27 and ending on 30 June 2018;
28 gap year instrument has the meaning given in
29 section 136(1);
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Energy Legislation Amendment and Repeal Bill 2016
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1 network infrastructure facilities has the meaning
2 given in section 103;
3 RCP1 transition instrument has the meaning given in
4 section 138(1);
5 secondary determination has the meaning given in
6 section 136(3);
7 transitional instrument means the gap year instrument,
8 a secondary determination or the RCP1 transition
9 instrument;
10 Western Power network means the network
11 infrastructure facilities that are, from time to time,
12 covered under the Code section 3.1 (as in force when
13 the Energy Legislation Amendment and Repeal
14 Act 2016 section 18 comes into operation).
15 136. Gap year instrument and extension of Access
16 Arrangement 3
17 (1) The Minister may, in accordance with this Subdivision
18 and the regulations, make an instrument (the gap year
19 instrument) setting out modifications to the Code.
20 (2) A modification under subsection (1) must not apply to
21 network infrastructure facilities other than the Western
22 Power network.
23 (3) Without limiting subsection (1), the gap year
24 instrument may modify the Code so as to authorise or
25 require the Minister to make one or more instruments
26 (a secondary determination) --
27 (a) setting out modifications to Access
28 Arrangement 3 for specified purposes; or
29 (b) determining specified matters for the purposes
30 of the Code or Access Arrangement 3, as those
31 instruments apply under section 137.
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1 (4) Despite anything in the Code or Access
2 Arrangement 3 --
3 (a) the Electricity Networks Corporation is not
4 required to submit proposed revisions of
5 Access Arrangement 3 to the Authority; and
6 (b) Access Arrangement 3, as it applies under
7 section 137, continues in force until the end of
8 the gap year.
9 (5) The gap year instrument and each secondary
10 determination expires immediately before 1 July 2018.
11 (6) Sections 107(3) to (7) and 108 to 110 do not apply in
12 relation to the making or amendment of a gap year
13 instrument or secondary determination.
14 137. Effect of gap year instrument and secondary
15 determinations
16 (1) If a gap year instrument is in operation, the Code
17 applies with any modifications set out in the gap year
18 instrument.
19 (2) If a secondary determination of a kind referred to in
20 section 136(3)(a) is in operation, Access
21 Arrangement 3 applies with any modifications set out
22 in the secondary determination.
23 (3) A reference in Access Arrangement 3, this Act or
24 another written law to the Code is, to the extent that the
25 reference relates to any period when a gap year
26 instrument is in operation, a reference to the Code as
27 applying under subsection (1).
28 (4) A reference to an access arrangement in this Act, the
29 Code or another written law is, to the extent that the
30 reference relates to Access Arrangement 3 and any
31 period when a secondary determination of a kind
32 referred to in section 136(3)(a) is in operation, a
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Energy Legislation Amendment and Repeal Bill 2016
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Division 1 Amendments commencing on the day after Royal Assent
s. 18
1 reference to Access Arrangement 3 as applying under
2 subsection (2).
3 138. RCP1 transition instrument
4 (1) The Minister may, in accordance with this Subdivision
5 and the regulations, make an instrument (the RCP1
6 transition instrument) that --
7 (a) imposes obligations on any or all of the
8 Minister, the Authority and the Electricity
9 Networks Corporation for transitional purposes
10 relating to either or both of the following --
11 (i) Part 8 ceasing to apply to the South
12 West interconnected system
13 immediately before 1 July 2018;
14 (ii) any provision of the WA national
15 electricity legislation beginning to have
16 effect as a law of the State;
17 and
18 (b) sets out matters that are ancillary or incidental
19 to the imposition of those obligations.
20 (2) The RCP1 transition instrument may incorporate by
21 reference, or provide that specified matters are to be
22 determined in accordance with --
23 (a) the Code or Access Arrangement 3 as in force
24 at a particular time (including those instruments
25 as they apply or applied under section 137); or
26 (b) a secondary determination as in force at a
27 particular time.
28 (3) The RCP1 transition instrument may provide that, if
29 the Authority fails to comply with an obligation
30 imposed by the RCP1 transition instrument, the
31 Minister may perform that obligation in substitution for
32 the Authority.
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1 (4) The RCP1 transition instrument expires immediately
2 before 1 July 2019.
3 139. General provisions about transitional instruments
4 (1) A transitional instrument, or an instrument that amends
5 or repeals a transitional instrument, is subsidiary
6 legislation for the purposes of the Interpretation
7 Act 1984.
8 (2) Despite the Interpretation Act 1984 section 41(1), a
9 secondary determination, or an instrument that amends
10 or repeals a secondary determination --
11 (a) is not required to be published in the Gazette;
12 and
13 (b) if it is not published in the Gazette -- must be
14 published on a website maintained by the
15 department of the Public Service principally
16 assisting the Minister in the administration of
17 this Act; and
18 (c) comes into operation on the day of publication
19 or on a later day specified or provided for in the
20 instrument.
21 (3) A transitional instrument, or a modification to the Code
22 or Access Arrangement 3 set out in a transitional
23 instrument, may confer functions on the Minister, the
24 Authority, the Electricity Networks Corporation or any
25 other person.
26 (4) The Minister may delegate to any person any power or
27 duty of the Minister under a transitional instrument.
28 (5) A decision made under a transitional instrument, or a
29 modification to the Code or Access Arrangement 3 set
30 out in a transitional instrument, is not reviewable --
31 (a) before the coming into operation of the Energy
32 Legislation Amendment and Repeal Act 2016
33 section 52 -- by the Board; or
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Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
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s. 18
1 (b) after the coming into operation of that
2 section -- by the State Administrative Tribunal.
3 140. Regulations about transitional instruments
4 (1) The regulations may make provision for and in relation
5 to transitional instruments.
6 (2) Without limiting subsection (1), the regulations may --
7 (a) provide for the making, amendment and repeal
8 of a transitional instrument;
9 (b) provide for matters that must, or must not, be
10 included in a transitional instrument;
11 (c) prohibit the Minister from amending or
12 repealing a transitional instrument otherwise
13 than in accordance with the regulations;
14 (d) confer functions on the Minister, the Authority,
15 the Electricity Networks Corporation or any
16 other person;
17 (e) provide, without limiting section 12, that it is a
18 condition of any licence held by the Electricity
19 Networks Corporation that the Electricity
20 Networks Corporation must comply with a
21 specified provision of a transitional instrument
22 or a specified modification to the Code or
23 Access Arrangement 3 set out in a transitional
24 instrument.
25 Subdivision 2 -- Transitional provisions for new Part 3A
26 141. Terms used
27 (1) In this Subdivision --
28 commencement day means 1 July 2018;
29 retail contract, in respect of premises connected to a
30 distribution system, means a contract, in effect
31 immediately before commencement day, under which a
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Energy Legislation Amendment and Repeal Bill 2016
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1 retailer sells electricity to a customer for the purpose of
2 consumption at the premises or purchases electricity
3 generated at the premises from the customer.
4 (2) A term used in this Subdivision has the same meaning
5 as it has in Part 3A.
6 142. Network supply service contracts taken to have
7 been entered into on 1 July 2018
8 (1) If, immediately before commencement day, a retail
9 customer is a party to a retail contract in respect of
10 premises connected to the distribution system of the
11 Electricity Networks Corporation then, on
12 commencement day, the customer and the Electricity
13 Networks Corporation are taken to have entered into a
14 contract for the provision of a network supply service
15 in respect of the premises (the network supply service
16 contract).
17 (2) Subsection (1) does not apply if the customer and the
18 Electricity Networks Corporation are parties to a
19 contract for the provision of a network supply service
20 in respect of the premises that was entered into before
21 commencement day and that begins to have effect on
22 commencement day.
23 (3) The terms and conditions of a network supply service
24 contract provided for by subsection (1) are the terms
25 and conditions of the standard contract that, under
26 Part 3A, is relevant to the customer.
27 Note for this subsection:
28 Regulations made for the purposes of section 59C(2)(b)
29 provide for the determination of which class of standard
30 contract is relevant to which class of retail customer.
31 (4) Nothing in this section prevents a network supply
32 service contract from being amended or terminated
33 under this Act or the contract.
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Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 1 Amendments commencing on the day after Royal Assent
s. 18
1 143. Relationship between Part 3A distributors and
2 Part 3A retailers
3 (1) On and after commencement day, a contract between a
4 Part 3A distributor and a Part 3A retailer does not have
5 effect to the extent to which it provides for or in
6 relation to the provision, on and after commencement
7 day, of network supply services.
8 (2) Without limiting subsection (1), the distributor is not
9 liable to the retailer for or in relation to the provision,
10 on and after commencement day, of a network supply
11 service under the contract, and a failure by the retailer
12 in relation to the provision of the service is not a breach
13 of, or default under, the contract.
14 (3) Subsections (1) and (2) have effect despite the terms of
15 the contract.
16 144. Transitional status of Electricity Networks
17 Corporation and its distribution system
18 (1) For the purposes of Part 3A and the period before
19 1 July 2018 --
20 (a) the Electricity Networks Corporation is taken to
21 be a Part 3A distributor; and
22 (b) the distribution system of the Electricity
23 Networks Corporation is taken to be a Part 3A
24 distribution system.
25 (2) Subsection (1) ceases to have effect on 1 July 2018.
26 145. Transitional regulations
27 (1) The regulations may provide for and in relation to
28 transitional matters (including matters of an application
29 or savings nature) relating to the enactment of Part 3A
30 or this Subdivision.
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1 (2) Without limiting subsection (1), the regulations may
2 modify, or provide for the Minister by instrument to
3 modify, retail contracts and contracts affected by
4 section 143 so as to reflect the effect of, or give effect
5 to the purposes of, Part 3A and this Subdivision.
6 Subdivision 3 -- Other provisions
7 146. Minister may amend codes for transitional purposes
8 (1) In this section --
9 Electricity Networks Access Code means the Code as
10 defined in section 103;
11 Small Use Customer Code means the code of conduct
12 approved under section 79.
13 (2) The Minister may, by instrument, amend any of the
14 following --
15 (a) a code issued under section 39;
16 (b) the Small Use Customer Code;
17 (c) the Electricity Networks Access Code.
18 (3) An amendment made by an instrument under
19 subsection (2) must be made for purposes relating to
20 the coming into operation of a provision of the Energy
21 Legislation Amendment and Repeal Act 2016 Part 2 or
22 the WA national electricity legislation.
23 (4) An instrument under subsection (2) must be made
24 before 1 January 2019.
25 (5) An instrument under subsection (2) is subsidiary
26 legislation for the purposes of the Interpretation
27 Act 1984.
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Energy Legislation Amendment and Repeal Bill 2016
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Division 2 Amendments commencing on 1 July 2018
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1 (6) The following do not apply in relation to an
2 amendment made by instrument under
3 subsection (2) --
4 (a) if the instrument amends a code issued under
5 section 39 -- regulations made for the purposes
6 of section 39(5);
7 (b) if the instrument amends the Small Use
8 Customer Code -- section 87;
9 (c) if the instrument amends the Electricity
10 Networks Access Code -- sections 107(3) to
11 (7) and 108 to 110.
12 147. References to National Electricity (WA) Law,
13 Regulations and Rules
14 Before the day on which the National Electricity
15 (Western Australia) Act 2016 Part 2 comes into
16 operation, a reference in this Act to the National
17 Electricity (WA) Law, the National Electricity (WA)
18 Regulations or the National Electricity (WA) Rules is a
19 reference to that Law, those Regulations or those Rules
20 as they will apply as a law of this State on and after
21 that day.
22
23 19. Schedule 3 deleted
24 Delete Schedule 3.
25 Division 2 -- Amendments commencing on 1 July 2018
26 20. Act amended
27 This Division amends the Electricity Industry Act 2004.
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Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on 1 July 2018 Division 2
s. 21
1 21. Section 3 amended
2 (1) In section 3 delete "In this Act," and insert:
3
4 (1) In this Act,
5
6 (2) In section 3 delete the definitions of:
7 distribution system
8 transmission system
9 (3) In section 3 insert in alphabetical order:
10
11 distribution system means, subject to subsection (2),
12 any apparatus, electric lines, equipment, plant and
13 buildings used, or to be used, to convey or control the
14 conveyance of electricity at nominal voltages of less
15 than 66 kV;
16 transmission system means, subject to subsection (2),
17 any apparatus, electric lines, equipment, plant and
18 buildings used, or to be used, to convey or control the
19 conveyance of electricity at nominal voltages of 66 kV
20 or higher;
21
22 (4) In section 3 in the definition of electricity delete "transported"
23 and insert:
24
25 conveyed
26
27 (5) In section 3 in the definition of supply delete "transport" (each
28 occurrence) and insert:
29
30 convey
31
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Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 2 Amendments commencing on 1 July 2018
s. 22
1 (6) At the end of section 3 insert:
2
3 (2) The regulations may provide that specified apparatus,
4 electric lines, equipment, plant or buildings used to
5 convey or control the conveyance of electricity forms,
6 or does not form, part of a specified transmission
7 system or specified distribution system, regardless of
8 the nominal voltages at which electricity is conveyed.
9
10 22. Section 11 amended
11 (1) In section 11(4):
12 (a) in paragraph (a) delete "licence;" and insert:
13
14 licence; or
15
16 (b) after paragraph (a) insert:
17
18 (aa) to the extent to which the licence relates to a
19 local electricity system -- the WA national
20 electricity legislation; or
21
22 (c) in paragraph (b) delete "the Code" and insert:
23
24 to the extent to which the licence does not relate to a
25 local electricity system -- the Code
26
27 (2) After section 11(4) insert:
28
29 (5) For the purposes of subsection (4), a licence relates to a
30 local electricity system if --
31 (a) it is a licence to construct or operate generating
32 works that are or will be connected to the
33 system; or
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Energy Legislation Amendment and Repeal Bill 2016
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Amendments commencing on 1 July 2018 Division 2
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1 (b) it is a licence to construct or operate a
2 transmission system or a distribution system
3 that is or will be connected to the system or that
4 forms or will form part of the system; or
5 (c) it is a licence to sell electricity to customers
6 connected to the system.
7
8 23. Section 31 amended
9 In section 31(4):
10 (a) in paragraph (a) delete "any powers that the licensee has
11 under the Electricity Act 1945 or the Electricity
12 Corporations Act 2005" and insert:
13
14 any powers or duties that the licensee has under the
15 Electricity Act 1945, the Electricity Corporations
16 Act 2005 or the WA national electricity legislation
17
18 (b) delete "powers, provisions" and insert:
19
20 powers, duties, provisions
21
22 24. Section 39A amended
23 (1) In section 39A(1) delete the definitions of:
24 access arrangement
25 service standards
26 (2) In section 39A(1) insert in alphabetical order:
27
28 service standards means standards relating to the
29 quality and reliability of the supply of electricity that
30 are provided for in the code issued under section 39
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Energy Legislation Amendment and Repeal Bill 2016
Part 2 Electricity Industry Act 2004 amended
Division 2 Amendments commencing on 1 July 2018
s. 25
1 that deals with network quality and reliability of
2 supply.
3
4 (3) At the end of section 39A(3) insert:
5
6 Note for this subsection:
7 The first access arrangement was approved on
8 27 April 2007 and had effect from 1 July 2007.
9
10 25. Section 59B amended
11 Delete section 59B(5).
12 26. Section 60 amended
13 In section 60 delete the definition of corporation and insert:
14
15 corporation means the Regional Power Corporation or
16 a subsidiary of it;
17
18 27. Section 90 amended
19 In section 90 delete the definition of customer contract and
20 insert:
21
22 customer contract means --
23 (a) a standard form contract, or a non-standard
24 contract, as defined in section 47; or
25 (b) a network supply service contract, that is a
26 contract under which a network supply service
27 is provided in accordance with Part 3A; or
28 (c) a connection contract, that is a connection
29 contract formed under the National Electricity
30 (WA) Rules Chapter 5A;
31
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Energy Legislation Amendment and Repeal Bill 2016
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Amendments commencing on 1 July 2018 Division 2
s. 28
1 28. Section 102A inserted
2 After section 102 insert:
3
4 102A. Application of this Part
5 This Part does not apply to or in relation to a local
6 electricity system.
7 Note for this section:
8 The National Electricity (WA) Law applies to and in relation
9 to local electricity systems.
10
11 29. Section 103 amended
12 In section 103 in the definition of network infrastructure
13 facilities delete "transporting" and insert:
14
15 conveying
16
17 30. Part 8A inserted
18 After Part 8 insert:
19
20 Part 8A -- Access to Western Power network
21 120A. Terms used
22 In this Part --
23 access agreement means an agreement between the
24 Electricity Networks Corporation and another person
25 under which the person has rights to transfer electricity
26 into the Western Power network, including --
27 (a) an access agreement as defined in section 103;
28 and
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Energy Legislation Amendment and Repeal Bill 2016
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s. 30
1 (b) an existing access agreement as defined in the
2 Electricity Transmission and Distribution
3 Systems (Access) Act 1994 section 95(2);
4 subsidiary agreement means an agreement between the
5 Electricity Networks Corporation and another person
6 that --
7 (a) relates to an access agreement; and
8 (b) deals with --
9 (i) the terms of connection to the Western
10 Power network for the purpose of the
11 access agreement; or
12 (ii) the terms on which electricity may be
13 transferred under the access agreement;
14 Western Power network means a distribution system or
15 transmission system of the Electricity Networks
16 Corporation in relation to which the Electricity
17 Networks Corporation is required to be a Registered
18 participant under the National Electricity (WA) Law
19 section 11.
20 120B. Access to Western Power network: modification of
21 agreements in force before 1 July 2018
22 (1) Each access agreement, and each subsidiary agreement,
23 that is in force immediately before 1 July 2018 is, on
24 and from 1 July 2018, modified so as to include the
25 following clause:
26
27 Access to Western Power network on constrained basis
28 (1) The Electricity Networks Corporation is not liable under
29 this agreement for any loss arising as a direct or indirect
30 result of the customer being unable to transfer electricity
31 into the Western Power network due to any limitation in
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Energy Legislation Amendment and Repeal Bill 2016
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Amendments commencing on 1 July 2018 Division 2
s. 30
1 relation to the capacity of the network at that time,
2 including any such limitation --
3 (a) caused by other persons connecting to or
4 transferring electricity into the network in
5 accordance with the WA national electricity
6 legislation, the market rules and their respective
7 access agreements, including under normal
8 operating conditions or states; or
9 (b) arising under normal operating conditions or states.
10 (2) That a limitation in capacity, as described in subclause (1),
11 arises is not a breach of or default under this agreement.
12 (3) Subclauses (1) and (2) have effect despite the other terms
13 and conditions of this agreement, including terms and
14 conditions included in this agreement under a written law.
15 (4) In subclause (1) --
16 customer means the party or parties to this agreement other
17 than the Electricity Networks Corporation.
18 (5) A term used in this clause has the same meaning as it has
19 in or in a portion of the Electricity Industry Act 2004.
20 (6) The Interpretation Act 1984 Part II applies to the
21 interpretation of terms used in this clause as if it were a
22 written law.
23
24 (2) This section does not prevent an agreement modified
25 by subsection (1) from being amended, other than in
26 respect of the clause included by subsection (1), or
27 terminated.
28 120C. Saving provision
29 The enactment of this Part --
30 (a) does not give rise to any right or remedy by a
31 party to an agreement; and
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Energy Legislation Amendment and Repeal Bill 2016
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Division 2 Amendments commencing on 1 July 2018
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1 (b) does not cause or permit the termination of, or
2 exercise of rights under, an agreement; and
3 (c) is not an event of default under an agreement.
4
5 31. Section 129B amended
6 (1) In section 129B delete the definitions of:
7 Code
8 user
9 (2) In section 129B insert in alphabetical order:
10
11 network service charges means charges the Electricity
12 Networks Corporation is entitled, under the WA
13 national electricity legislation, to charge for the
14 provision of electricity network services (as defined in
15 the National Electricity (WA) Law section 2(1));
16 user means a person liable to pay network service
17 charges directly to the Electricity Networks
18 Corporation.
19
20 32. Section 129F amended
21 (1) In section 129F(2) delete "Code" and insert:
22
23 regulations
24
25 (2) Delete section 129F(3) to (5) and insert:
26
27 (3) The regulations may make provision for the
28 determination of --
29 (a) the amounts payable by users; and
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Energy Legislation Amendment and Repeal Bill 2016
Electricity Industry Act 2004 amended Part 2
Amendments commencing on 1 July 2018 Division 2
s. 33
1 (b) the manner in which those amounts are to be
2 collected; and
3 (c) which users need not make payments under
4 subsection (2).
5
6 33. Schedule 1 amended
7 In Schedule 1 clause 1(f) delete "transporting" (each occurrence)
8 and insert:
9
10 conveying
11
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Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 1 Energy Arbitration and Review Act 1998 amended and
repealed
s. 34
1 Part 3 -- Repeal of Energy Arbitration and Review
2 Act 1998 and associated amendments
3 Division 1 -- Energy Arbitration and Review Act 1998 amended
4 and repealed
5 Subdivision 1 -- Amendments commencing on the day after Royal
6 Assent
7 34. Act amended
8 This Subdivision amends the Energy Arbitration and Review
9 Act 1998.
10 35. Part 2 inserted
11 After section 5 insert:
12
13 Part 2 -- Transitional provisions for abolition of
14 review board and arbitrator
15 Division 1 -- Preliminary
16 6. Terms used
17 (1) In this Part --
18 abolition day means 1 July 2017, which is the day on
19 which the Energy Legislation Amendment and Repeal
20 Act 2016 Part 3 Division 1 Subdivision 2 comes into
21 operation;
22 arbitrator has the meaning given in section 61;
23 arbitrator account means the bank account held by the
24 arbitrator under section 82;
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Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Energy Arbitration and Review Act 1998 amended and Division 1
repealed
s. 35
1 assets --
2 (a) means any legal or equitable estates or interests
3 (whether present or future, whether vested or
4 contingent and whether personal or assignable)
5 in real or personal property of any description;
6 and
7 (b) includes money, securities, choses in action and
8 documents;
9 Board has the meaning given in section 49;
10 final quarter means the quarter that begins on
11 1 April 2017 and ends immediately before abolition
12 day;
13 funding regulations means regulations made for the
14 purposes of any of the following provisions --
15 (a) the National Gas Access (WA) Act 2009
16 section 21(2);
17 (b) the Electricity Industry Act 2004 section 133;
18 (c) the Gas Services Information Act 2012
19 section 9;
20 (d) the Gas Supply (Gas Quality Specifications)
21 Act 2009 section 34(2)(h);
22 liabilities means any liabilities, duties or obligations,
23 whether actual, contingent or prospective, liquidated or
24 unliquidated or whether owed alone or jointly or jointly
25 and severally with any other persons;
26 quarter means a period of 3 months beginning on
27 1 July, 1 October, 1 January or 1 April;
28 standing charge means a charge described as a
29 standing charge and payable under funding regulations
30 in respect of the performance of the functions of the
31 Board or arbitrator during a quarter;
32 Treasurer's advance means an amount borrowed from
33 the Treasurer under section 83.
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Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
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Division 1 Energy Arbitration and Review Act 1998 amended and
repealed
s. 35
1 (2) A reference to a section of this Act in the definition of
2 arbitrator, arbitrator account, Board or Treasurer's
3 advance in subsection (1) is, on and after abolition day,
4 a reference to that section as in force immediately
5 before abolition day.
6 Division 2 -- Financial provisions
7 7. Assets, rights and liabilities of arbitrator
8 (1) On abolition day, any assets, rights or liabilities of the
9 arbitrator are assigned to and become assets, rights or
10 liabilities of the State.
11 (2) The arbitrator must ensure that, on the day before
12 abolition day --
13 (a) the money standing to the credit of the
14 arbitrator account is applied in repayment of
15 any outstanding Treasurer's advance; and
16 (b) any amount not applied under paragraph (a) is
17 credited to the Consolidated Account; and
18 (c) the arbitrator account is closed.
19 (3) Subsection (2) applies despite section 82.
20 8. Recovery of standing charges for final quarter and
21 unpaid standing charges
22 (1) If, immediately before abolition day, funding
23 regulations provide that a standing charge is payable by
24 a person (the liable person), the standing charge is
25 payable by the liable person after abolition day in
26 respect of the final quarter and may be recovered under
27 this section.
28 (2) Subsection (1) applies despite --
29 (a) the amendments made on abolition day by the
30 Energy Legislation Amendment and Repeal
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Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Energy Arbitration and Review Act 1998 amended and Division 1
repealed
s. 35
1 Act 2016 sections 53, 63 and 70 and the
2 National Gas Access (WA) Amendment
3 Act 2016 section 13; and
4 (b) any repeal or amendment of funding
5 regulations.
6 (3) As soon as is practicable after abolition day the person
7 appointed under section 9 (the assessment officer)
8 must --
9 (a) assess the standing charges payable by a liable
10 person for the final quarter; and
11 (b) give a notice of assessment to the person
12 specifying --
13 (i) the amount of those charges and the
14 total amount payable; and
15 (ii) the day on which the notice of
16 assessment was issued.
17 (4) A person given a notice of assessment under
18 subsection (3) must pay to the assessment officer the
19 total amount payable specified in the notice within
20 30 days after the day specified under
21 subsection (3)(b)(ii).
22 (5) Subsection (6) applies if --
23 (a) before abolition day, the arbitrator issues a
24 notice of assessment of standing charges to a
25 person under funding regulations in respect of a
26 quarter prior to the final quarter; and
27 (b) immediately before abolition day, the person
28 has not paid the total amount payable specified
29 in the notice.
30 (6) The person must pay to the assessment officer the total
31 amount payable specified in the notice within 30 days
32 after abolition day.
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Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 1 Energy Arbitration and Review Act 1998 amended and
repealed
s. 35
1 (7) The assessment officer may recover any unpaid amount
2 referred to in subsection (4) or (6) in a court of
3 competent jurisdiction as a debt due to the State.
4 (8) An amount recovered under this section is to be applied
5 in repayment of any outstanding Treasurer's advance.
6 (9) Any amount not applied under subsection (8) is to be
7 credited to the Consolidated Account and paid into the
8 Public Bank Account.
9 9. Minister to appoint assessment officer for section 8
10 (1) The Minister must, in writing, appoint a person to
11 exercise functions under section 8.
12 (2) A person appointed under this section must, on or
13 before 31 December 2017, report to the Minister on
14 any functions exercised and amounts recovered under
15 section 8.
16 Division 3 -- Applications and proceedings
17 10. Proceedings before arbitrator immediately before
18 abolition day
19 (1) In this section --
20 Electricity Networks Access Code means the Code as
21 defined in the Electricity Industry Act 2004
22 section 103.
23 (2) This section applies if, immediately before abolition
24 day --
25 (a) proceedings for the arbitration of a dispute are
26 before the arbitrator under any of the following
27 (the governing law) --
28 (i) the Electricity Networks Access Code;
29 (ii) a code issued under the Electricity
30 Industry Act 2004 section 39(1) in
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Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Energy Arbitration and Review Act 1998 amended and Division 1
repealed
s. 35
1 respect of a matter referred to in
2 section 39(2)(a) or (b) of that Act;
3 (iii) regulations made under the Gas Supply
4 (Gas Quality Specifications) Act 2009;
5 and
6 (b) the arbitrator has not resolved the dispute; and
7 (c) the dispute has not otherwise ended under the
8 governing law.
9 (3) The proceedings are terminated on abolition day.
10 (4) Proceedings for the arbitration of the dispute may be
11 recommenced in accordance with the governing law as
12 in force on and after abolition day.
13 (5) Despite anything in the governing law, the arbitrator's
14 costs and expenses of proceedings terminated under
15 subsection (3) are not payable by a party to the
16 proceedings.
17 11. Application for review of decision before Board
18 immediately before abolition day
19 (1) This section applies if, immediately before abolition
20 day --
21 (a) an application has been made to the Board for
22 review of a decision under any of the following
23 (the governing law) --
24 (i) the Electricity Industry Act 2004;
25 (ii) the Gas Services Information Act 2012;
26 (iii) regulations made for the purposes of the
27 Electricity Corporations Act 2005
28 section 39;
29 and
30 (b) the Board has not made a decision on the
31 application; and
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Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 1 Energy Arbitration and Review Act 1998 amended and
repealed
s. 35
1 (c) proceedings relating to the application have not
2 otherwise ended under the governing law.
3 (2) The application is cancelled on abolition day.
4 (3) An application for review of the decision may be
5 re-made --
6 (a) in accordance with the governing law as in
7 force on and after abolition day; and
8 (b) within 28 days after abolition day.
9 (4) Subsection (3) applies despite any time limit for the
10 making of an application that would otherwise apply
11 under the State Administrative Tribunal Act 2004 or
12 any other written law.
13 (5) Despite anything in the governing law, the Board's
14 costs and expenses of proceedings relating to an
15 application cancelled under subsection (2) are not
16 payable by a party to the proceedings.
17 12. Application for review of decision made in 6-month
18 period before abolition day
19 (1) This section applies to a decision if --
20 (a) the decision is made during the period that
21 begins on 1 January 2017 and ends immediately
22 before abolition day; and
23 (b) the decision is of a kind that, immediately
24 before abolition day, is reviewable by the
25 Board under any of the following (the
26 governing law) --
27 (i) the Electricity Industry Act 2004;
28 (ii) the Gas Services Information Act 2012;
29 (iii) regulations made for the purposes of the
30 Electricity Corporations Act 2005
31 section 39;
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Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Energy Arbitration and Review Act 1998 amended and Division 1
repealed
s. 35
1 and
2 (c) no application for review of the decision is
3 made to the Board before abolition day.
4 (2) An application for review of the decision may be
5 made --
6 (a) in accordance with the governing law as in
7 force on and after abolition day; and
8 (b) within 28 days after abolition day.
9 (3) Subsection (2) applies despite any time limit for the
10 making of an application --
11 (a) that applied under the governing law as in force
12 before abolition day; or
13 (b) that would otherwise apply under the State
14 Administrative Tribunal Act 2004 or any other
15 written law.
16 13. Application for civil penalty enforcement order or
17 contravention order before Board immediately
18 before abolition day
19 (1) In this section --
20 civil penalty enforcement order means an order for the
21 payment of a civil penalty;
22 contravention order means an order in respect of a
23 contravention of a provision of --
24 (a) market rules referred to in the Electricity
25 Industry Act 2004 section 123; or
26 (b) rules referred to in the Gas Services
27 Information Act 2012 section 8.
28 (2) This section applies if, immediately before abolition
29 day --
30 (a) an application has been made to the Board for a
31 civil penalty enforcement order or a
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Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 1 Energy Arbitration and Review Act 1998 amended and
repealed
s. 35
1 contravention order under any of the following
2 (the governing law) --
3 (i) regulations made for the purposes of the
4 Electricity Industry Act 2004
5 section 124;
6 (ii) regulations made for the purposes of the
7 Electricity Corporations Act 2005
8 section 39;
9 (iii) regulations made for the purposes of the
10 Gas Services Information Act 2012
11 section 8;
12 and
13 (b) the Board has not made a decision on the
14 application.
15 (3) The application is cancelled on abolition day.
16 (4) The application may be re-made in accordance with the
17 governing law as in force on and after abolition day.
18 14. Enforcement of notice demanding payment of civil
19 penalty given in 6-month period before abolition
20 day
21 (1) This section applies to a notice demanding the payment
22 of a civil penalty if --
23 (a) the notice was given under any of the following
24 (the governing law) during the period that
25 begins on 1 January 2017 and ends immediately
26 before abolition day --
27 (i) regulations made for the purposes of the
28 Electricity Industry Act 2004
29 section 124;
30 (ii) regulations made for the purposes of the
31 Electricity Corporations Act 2005
32 section 39;
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Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Energy Arbitration and Review Act 1998 amended and Division 1
repealed
s. 35
1 (iii) regulations made for the purposes of the
2 Gas Services Information Act 2012
3 section 8;
4 and
5 (b) immediately before abolition day, no
6 application to the Board has been made for an
7 order for the payment of the civil penalty
8 demanded in the notice.
9 (2) The payment of the civil penalty demanded in the
10 notice may be enforced in accordance with the
11 governing law as in force on and after abolition day.
12 (3) Subsection (2) applies despite any time limit for the
13 making of an application for an order for the payment
14 of the civil penalty that applied under the governing
15 law as in force before abolition day.
16 Division 4 -- Transitional regulations
17 15. Transitional regulations
18 (1) The regulations may make provision for transitional
19 matters (including matters of an application or savings
20 nature) relating to the enactment of the Energy
21 Legislation Amendment and Repeal Act 2016 Part 3
22 Division 1.
23 (2) Without limiting subsection (1), the regulations may
24 make provision for any of the following --
25 (a) transitional matters relating to the termination
26 of proceedings under section 10(3) or the
27 cancellation of applications under section 11(2)
28 or 13(3);
29 (b) transitional matters relating to the
30 recommencement of proceedings referred to in
31 section 10(4), the making or re-making of
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Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 1 Energy Arbitration and Review Act 1998 amended and
repealed
s. 36
1 applications referred to in section 11(3), 12(2)
2 or 13(4) or the enforcement of the payment of
3 civil penalties referred to in section 14(2);
4 (c) the determination, payment and recovery of
5 costs in respect of proceedings before the Board
6 or arbitrator that were resolved or otherwise
7 ended before abolition day.
8
9 Subdivision 2 -- Amendments commencing on 1 July 2017
10 36. Act amended
11 This Subdivision amends the Energy Arbitration and Review
12 Act 1998.
13 37. Part 6 heading replaced
14 Delete the heading to Part 6 and insert:
15
16 Part 6 -- Regulations
17
18 38. Part 6 Divisions 2 and 3 deleted
19 Delete Part 6 Divisions 2 and 3.
20 39. Part 6 Division 4 heading deleted
21 Delete the heading to Part 6 Division 4.
22 Subdivision 3 -- Energy Arbitration and Review Act 1998 repealed
23 40. Energy Arbitration and Review Act 1998 repealed
24 The Energy Arbitration and Review Act 1998 is repealed.
page 46
Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Constitution Acts Amendment Act 1899 amended Division 2
s. 41
1 Division 2 -- Constitution Acts Amendment Act 1899 amended
2 41. Act amended
3 This Division amends the Constitution Acts Amendment
4 Act 1899.
5 42. Schedule V Part 1 Division 1 amended
6 In Schedule V Part 1 Division 1 delete the item relating to the
7 Western Australian Energy Disputes Arbitrator.
8 Division 3 -- Electricity Corporations Act 2005 amended
9 43. Act amended
10 This Division amends the Electricity Corporations Act 2005.
11 44. Section 39 amended
12 After section 39(5) insert:
13
14 (6) Regulations made for the purposes of subsection (3)
15 may confer jurisdiction on the State Administrative
16 Tribunal.
17
18 Division 4 -- Electricity Industry Act 2004 amended
19 45. Act amended
20 This Division amends the Electricity Industry Act 2004.
21 46. Section 3 amended
22 In section 3 delete the definitions of:
23 arbitrator
24 Board
page 47
Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 4 Electricity Industry Act 2004 amended
s. 47
1 47. Section 104 amended
2 In section 104(2)(o) delete "the arbitrator." and insert:
3
4 any person arbitrating a dispute referred to in section 105(1)(a).
5
6 48. Section 105 amended
7 In section 105(1):
8 (a) in paragraph (a) delete "by the arbitrator";
9 (b) delete paragraph (b).
10 49. Section 116 amended
11 In section 116(2)(b) delete "Minister, the arbitrator or the
12 Board." and insert:
13
14 Minister, the State Administrative Tribunal or any person
15 arbitrating a dispute referred to in section 105(1)(a).
16
17 50. Section 124 amended
18 After section 124(4) insert:
19
20 (4A) Regulations made for the purposes of subsection (2)
21 may confer jurisdiction on the State Administrative
22 Tribunal.
23
page 48
Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Electricity Industry Act 2004 amended Division 4
s. 51
1 51. Section 125 replaced
2 Delete section 125 and insert:
3
4 125. Review of decisions by State Administrative
5 Tribunal
6 (1) In this section --
7 reviewable decision means a decision of a participant
8 referred to in section 121(2)(b) or (c) that --
9 (a) is made under the regulations or the market
10 rules; and
11 (b) is of a class specified in the regulations.
12 (2) A person adversely affected by a reviewable decision
13 may apply to the State Administrative Tribunal for a
14 review of the decision.
15
16 52. Section 130 amended
17 (1) In section 130(1) delete the definition of gas pipelines access
18 provisions.
19 (2) In section 130(1) in the definition of Code delete "section 104;"
20 and insert:
21
22 section 104.
23
24 (3) In section 130(3) delete "Board" and insert:
25
26 State Administrative Tribunal
27
28 (4) Delete section 130(4).
page 49
Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 5 Financial Management Act 2006 amended
s. 53
1 (5) In section 130(5) delete "Board" and insert:
2
3 State Administrative Tribunal
4
5 (6) Delete section 130(6) to (9).
6 Note: The heading to amended section 130 is to read:
7 Review of decisions by State Administrative Tribunal
8 53. Section 133 amended
9 (1) In section 133(1) delete "the performance of the respective
10 functions of the arbitrator and the Board under this Act." and
11 insert:
12
13 the performance of any functions under this Act.
14
15 (2) Delete section 133(3) and (4).
16 Note: The heading to amended section 133 is to read:
17 Regulations as to fees and charges
18 Division 5 -- Financial Management Act 2006 amended
19 54. Act amended
20 This Division amends the Financial Management Act 2006.
21 55. Schedule 1 amended
22 In Schedule 1 delete the item relating to the Western Australian
23 Energy Disputes Arbitrator.
page 50
Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Freedom of Information Act 1992 amended Division 6
s. 56
1 Division 6 -- Freedom of Information Act 1992 amended
2 56. Act amended
3 This Division amends the Freedom of Information Act 1992.
4 57. Glossary clause 7A amended
5 (1) In the Glossary clause 7A(1) delete the definitions of:
6 arbitrator
7 Board
8 (2) In the Glossary clause 7A(1) in the definition of Authority
9 delete "2003;" and insert:
10
11 2003.
12
13 (3) Delete the Glossary clause 7A(2) and insert:
14
15 (2) A document that is in the possession or under the control of
16 the Authority (because of its access regulation functions), or
17 to which the Authority is entitled to have access (because of
18 its access regulation functions), is not to be regarded as a
19 document of the Authority unless it relates to a matter of an
20 administrative nature concerning the Authority.
21
22 Note: The heading to amended Glossary clause 7A is to read:
23 Documents of Authority under gas pipelines access legislation
24 Division 7 -- Gas Corporation (Business Disposal)
25 Act 1999 amended
26 58. Act amended
27 This Division amends the Gas Corporation (Business Disposal)
28 Act 1999.
page 51
Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 8 Gas Services Information Act 2012 amended
s. 59
1 59. Section 38 amended
2 In section 38(2)(b) delete "Act 1998." and insert:
3
4 Act 1998 (as in force immediately before it was deleted by the
5 National Gas Access (WA) Act 2009 section 50).
6
7 Division 8 -- Gas Services Information Act 2012 amended
8 60. Act amended
9 This Division amends the Gas Services Information Act 2012.
10 61. Section 3 amended
11 In section 3(1) delete the definition of Board.
12 62. Section 8 amended
13 After section 8(2) insert:
14
15 (2A) Regulations made for the purposes of subsection (2)
16 may confer jurisdiction on the State Administrative
17 Tribunal.
18
19 63. Section 9 amended
20 Delete section 9(4) and (5).
page 52
Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Gas Supply (Gas Quality Specifications) Act 2009 amended Division 9
s. 64
1 64. Section 12 replaced
2 Delete section 12 and insert:
3
4 12. Review of decisions by State Administrative
5 Tribunal
6 (1) In this section --
7 reviewable decision means a decision that --
8 (a) is made by a person on whom a function is
9 conferred under section 7(2)(a) or (b) in
10 connection with the performance of that
11 function; and
12 (b) is of a class specified in the regulations.
13 (2) A person adversely affected by a reviewable decision
14 may apply to the State Administrative Tribunal for a
15 review of the decision.
16
17 65. Part 3 deleted
18 Delete Part 3.
19 Division 9 -- Gas Supply (Gas Quality Specifications)
20 Act 2009 amended
21 66. Act amended
22 This Division amends the Gas Supply (Gas Quality
23 Specifications) Act 2009.
24 67. Section 9 amended
25 In section 9(2)(a) delete "by an arbitrator;" and insert:
26
27 by arbitration;
28
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Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 9 Gas Supply (Gas Quality Specifications) Act 2009 amended
s. 68
1 68. Section 11 amended
2 In section 11(2):
3 (a) in paragraph (a) delete "by an arbitrator;" and insert:
4
5 by arbitration;
6
7 (b) in paragraph (c) delete "by an arbitrator." and insert:
8
9 by arbitration.
10
11 69. Section 16 amended
12 In section 16(2):
13 (a) in paragraph (a) delete "by an arbitrator;" and insert:
14
15 by arbitration;
16
17 (b) in paragraph (c) delete "by an arbitrator." and insert:
18
19 by arbitration.
20
21 70. Section 34 amended
22 (1) In section 34(2)(h) delete "arbitrator or".
23 (2) In section 34(3) delete "an arbitrator or".
24 71. Part 7 deleted
25 Delete Part 7.
page 54
Energy Legislation Amendment and Repeal Bill 2016
Repeal of Energy Arbitration and Review Act 1998 and Part 3
associated amendments
Petroleum (Submerged Lands) Act 1982 amended Division 10
s. 72
1 Division 10 -- Petroleum (Submerged Lands) Act 1982 amended
2 72. Act amended
3 This Division amends the Petroleum (Submerged Lands)
4 Act 1982.
5 73. Section 73 amended
6 (1) In section 73(2) delete "Code pipeline as defined in the Gas
7 Pipelines Access (Western Australia) Law." and insert:
8
9 covered pipeline as defined in the National Gas Access
10 (Western Australia) Law section 2.
11
12 (2) In section 73(3) delete "Code pipeline for the purposes of the
13 Gas Pipelines Access (Western Australia) Law." and insert:
14
15 covered pipeline for the purposes of the National Gas Access
16 (Western Australia) Law.
17
18 Division 11 -- Petroleum Pipelines Act 1969 amended
19 74. Act amended
20 This Division amends the Petroleum Pipelines Act 1969.
21 75. Section 21 amended
22 In section 21(7) delete "Code pipeline within the meaning of the
23 Gas Pipelines Access (Western Australia) Law for which there
24 is an approved Access Arrangement under that Law." and
25 insert:
26
27 pipeline if it is a covered pipeline as defined in the National Gas
28 Access (Western Australia) Law section 2 and is subject to an
page 55
Energy Legislation Amendment and Repeal Bill 2016
Part 3 Repeal of Energy Arbitration and Review Act 1998 and
associated amendments
Division 11 Petroleum Pipelines Act 1969 amended
s. 76
1 applicable access arrangement as defined in section 2 of that
2 Law.
3
4 76. Section 22 amended
5 In section 22(1a) delete "Code pipeline within the meaning of
6 the Gas Pipelines Access (Western Australia) Law for which
7 there is an approved Access Arrangement under that Law." and
8 insert:
9
10 pipeline if it is a covered pipeline as defined in the National Gas
11 Access (Western Australia) Law section 2 and is subject to an
12 applicable access arrangement as defined in section 2 of that
13 Law.
14
page 56
Energy Legislation Amendment and Repeal Bill 2016
Amendments to other Acts consequential on National Part 4
Electricity (Western Australia) Act 2016
Economic Regulation Authority Act 2003 amended Division 1
s. 77
1 Part 4 -- Amendments to other Acts consequential on
2 National Electricity (Western Australia) Act 2016
3 Division 1 -- Economic Regulation Authority Act 2003 amended
4 77. Act amended
5 This Division amends the Economic Regulation Authority
6 Act 2003.
7 78. Section 25 amended
8 After section 25(a) insert:
9
10 (aa) the functions it is given by or under the
11 Electricity Industry Act 2004; and
12
13 Division 2 -- Electricity Corporations Act 2005 amended
14 Subdivision 1 -- Amendments commencing on the day after
15 Royal Assent
16 79. Act amended
17 This Subdivision amends the Electricity Corporations Act 2005.
18 80. Section 41 amended
19 In section 41(b) delete "Part; and" and insert:
20
21 Part, or by the WA national electricity legislation as defined in
22 the Electricity Industry Act 2004 section 3; and
23
page 57
Energy Legislation Amendment and Repeal Bill 2016
Part 4 Amendments to other Acts consequential on National
Electricity (Western Australia) Act 2016
Division 3 Energy Coordination Act 1994 amended
s. 81
1 Subdivision 2 -- Amendments commencing on 1 July 2018
2 81. Act amended
3 This Subdivision amends the Electricity Corporations Act 2005.
4 82. Section 41 amended
5 In section 41(b) delete "by the Electricity Industry Act 2004
6 Part 8 (which relates to network access) and regulations and
7 Code made under that Part, or".
8 83. Section 54 amended
9 (1) After section 54(7) insert:
10
11 (7A) Subsection (2) has effect despite the WA national
12 electricity legislation as defined in the Electricity
13 Industry Act 2004 section 3(1).
14
15 (2) In section 54(8) delete "Subsections (2) and (3) have" and
16 insert:
17
18 Subsection (3) has
19
20 Division 3 -- Energy Coordination Act 1994 amended
21 84. Act amended
22 This Division amends the Energy Coordination Act 1994.
page 58
Energy Legislation Amendment and Repeal Bill 2016
Amendments to other Acts consequential on National Part 4
Electricity (Western Australia) Act 2016
Energy Operators (Powers) Act 1979 amended Division 4
s. 85
1 85. Section 26B inserted
2 After section 26 insert:
3
4 26B. Inconsistency of regulations with WA national
5 electricity legislation
6 (1) In this section --
7 WA national electricity legislation has the meaning
8 given in the Electricity Industry Act 2004 section 3(1).
9 (2) If a provision of the regulations is inconsistent with a
10 provision of the WA national electricity legislation, the
11 provision of the WA national electricity legislation
12 prevails to the extent of the inconsistency.
13
14 Division 4 -- Energy Operators (Powers) Act 1979 amended
15 86. Act amended
16 This Division amends the Energy Operators (Powers) Act 1979.
17 87. Section 58 amended
18 After section 58(4) insert:
19
20 (5) The following do not apply to an energy operator that
21 is a network service provider as defined in the National
22 Electricity (WA) Law section 2(1) --
23 (a) subsection (2), in the circumstances described
24 in subsection (2)(a);
25 (b) subsection (3).
26
page 59
Energy Legislation Amendment and Repeal Bill 2016
Part 4 Amendments to other Acts consequential on National
Electricity (Western Australia) Act 2016
Division 4 Energy Operators (Powers) Act 1979
s. 88
1 88. Section 61 amended
2 Before section 61(1) insert:
3
4 (1AA) This section does not apply to an energy operator that
5 is a network service provider as defined in the National
6 Electricity (WA) Law section 2(1).
7
8 89. Section 125 amended
9 Before section 125(1) insert:
10
11 (1A) In this section --
12 WA national electricity legislation has the meaning
13 given in the Electricity Industry Act 2004 section 3(1).
14 (1B) If a provision of a regulation or by-law made under this
15 Act is inconsistent with a provision of the WA national
16 electricity legislation, the provision of the WA national
17 electricity legislation prevails to the extent of the
18 inconsistency.
19
page 60
Energy Legislation Amendment and Repeal Bill 2016
Amendments to other Acts consequential on National Gas Part 5
Access (WA) Amendment Act 2016
Economic Regulation Authority Act 2003 amended Division 1
s. 90
1 Part 5 -- Amendments to other Acts consequential on
2 National Gas Access (WA) Amendment Act 2016
3 Division 1 -- Economic Regulation Authority Act 2003 amended
4 90. Act amended
5 This Division amends the Economic Regulation Authority
6 Act 2003.
7 91. Section 25 amended
8 Delete section 25(c).
9 92. Section 26 amended
10 In section 26(1) delete "section 25(c) and (d)," and insert:
11
12 section 25(d),
13
14 93. Section 28 amended
15 (1) In section 28(3)(b) delete "given by or under the National Gas
16 Access (WA) Act 2009 or".
17 (2) Delete section 28(5) and insert:
18
19 (5) Within 14 days after a direction is given under
20 subsection (2), the Authority must cause the text of the
21 direction to be published in the Gazette.
22
23 94. Section 32 amended
24 In section 32(1) delete "the National Gas Access (Western
25 Australia) Law or".
page 61
Energy Legislation Amendment and Repeal Bill 2016
Part 5 Amendments to other Acts consequential on National Gas
Access (WA) Amendment Act 2016
Division 2 Energy Coordination Act 1994 amended
s. 95
1 95. Section 51 amended
2 In section 51(2)(a) delete "section 25(c) and (d); or" and insert:
3
4 section 25(d); or
5
6 Division 2 -- Energy Coordination Act 1994 amended
7 96. Act amended
8 This Division amends the Energy Coordination Act 1994.
9 97. Section 3 amended
10 (1) In section 3(1) insert in alphabetical order:
11
12 WA national gas legislation has the meaning given in
13 the Gas Supply (Gas Quality Specifications) Act 2009
14 section 3(1).
15
16 (2) In section 3(1) in the definition of transmission works delete
17 "section 5(1)." and insert:
18
19 section 5(1);
20
21 98. Section 11M amended
22 In section 11M(5)(a) delete "National Gas Access (Western
23 Australia) Law; or" and insert:
24
25 WA national gas legislation; or
26
page 62
Energy Legislation Amendment and Repeal Bill 2016
Amendments to other Acts consequential on National Gas Part 5
Access (WA) Amendment Act 2016
Freedom of Information Act 1992 amended Division 3
s. 99
1 99. Section 11V amended
2 In section 11V(2) delete "National Gas Access (Western
3 Australia) Law." and insert:
4
5 WA national gas legislation.
6
7 100. Section 11ZAC amended
8 In section 11ZAC(4)(b) delete "National Gas Access (Western
9 Australia) Law." and insert:
10
11 WA national gas legislation.
12
13 101. Schedule 1A amended
14 In Schedule 1A clause 1(a) delete "National Gas Access (Western
15 Australia) Law; and" and insert:
16
17 WA national gas legislation; and
18
19 Division 3 -- Freedom of Information Act 1992 amended
20 102. Act amended
21 This Division amends the Freedom of Information Act 1992.
22 103. Glossary clause 7A amended
23 (1) In the Glossary clause 7A(1) delete the definition of access
24 regulation functions and insert:
25
26 access regulation functions means the functions given
27 under the National Gas (Western Australia) Act 2009,
28 including functions given under that Act as in force before
page 63
Energy Legislation Amendment and Repeal Bill 2016
Part 5 Amendments to other Acts consequential on National Gas
Access (WA) Amendment Act 2016
Division 4 Gas Services Information Act 2012 amended
s. 104
1 the coming into operation of the National Gas Access (WA)
2 Amendment Act 2016 Part 4;
3
4 (2) Delete the Glossary clause 7A(2) and insert:
5
6 (2) A document that is in the possession or under the control of
7 the Authority (because of its access regulation functions) is
8 not to be regarded as a document of the Authority unless it
9 relates to a matter of an administrative nature concerning the
10 Authority.
11
12 Note: The heading to amended Glossary clause 7A is to read:
13 Documents of Authority under National Gas (Western Australia)
14 Act 2009
15 Division 4 -- Gas Services Information Act 2012 amended
16 104. Act amended
17 This Division amends the Gas Services Information Act 2012.
18 105. Section 3 amended
19 In section 3(2) delete "the National Gas Access (Western
20 Australia) Law" and insert:
21
22 the National Gas (WA) Law
23
24 106. Section 13 amended
25 (1) In section 13(2) delete the note.
26 (2) Delete section 13(4).
27 (3) In section 13(5) delete "(4)" and insert:
28
29 (3)
30
page 64
Energy Legislation Amendment and Repeal Bill 2016
Amendments to other Acts consequential on National Gas Part 5
Access (WA) Amendment Act 2016
Gas Supply (Gas Quality Specifications) Act 2009 amended Division 5
s. 107
1 Division 5 -- Gas Supply (Gas Quality Specifications)
2 Act 2009 amended
3 107. Act amended
4 This Division amends the Gas Supply (Gas Quality
5 Specifications) Act 2009.
6 108. Section 3 amended
7 (1) In section 3(1) insert in alphabetical order:
8
9 WA national gas legislation means --
10 (a) the National Gas (Western Australia) Act 2009;
11 and
12 (b) the National Gas (WA) Law; and
13 (c) the National Gas (WA) Regulations; and
14 (d) the National Gas (WA) Rules as defined in the
15 National Gas (Western Australia) Act 2009
16 section 3(1); and
17 (e) instruments under them.
18
19 (2) In section 3(1) in the definition of Gas Access Law delete
20 paragraph (a) and insert:
21
22 (a) the WA national gas legislation; or
23
24 (3) In section 3(1) in the definition of pipeline service delete
25 "National Gas Access (Western Australia) Law section 2;" and
26 insert:
27
28 National Gas (WA) Law section 2(1);
29
page 65
Energy Legislation Amendment and Repeal Bill 2016
Part 5 Amendments to other Acts consequential on National Gas
Access (WA) Amendment Act 2016
Division 6 Parliamentary Commissioner Act 1971 amended
s. 109
1 (4) In section 3(1) in the definition of user delete "party." and
2 insert:
3
4 party;
5
6 Division 6 -- Parliamentary Commissioner Act 1971 amended
7 109. Act amended
8 This Division amends the Parliamentary Commissioner
9 Act 1971.
10 110. Schedule 1 amended
11 In Schedule 1 in the item relating to the Economic Regulation
12 Authority Act 2003 delete "given by or under the National Gas
13 Access (WA) Act 2009 or".
14 Division 7 -- Petroleum (Submerged Lands) Act 1982 amended
15 111. Act amended
16 This Division amends the Petroleum (Submerged Lands)
17 Act 1982.
18 112. Section 73 amended
19 (1) In section 73(2) delete "Access (Western Australia)" and insert:
20
21 (WA)
22
23 (2) In section 73(3) delete "Access (Western Australia)" and insert:
24
25 (WA)
26
page 66
Energy Legislation Amendment and Repeal Bill 2016
Amendments to other Acts consequential on National Gas Part 5
Access (WA) Amendment Act 2016
Petroleum Pipelines Act 1969 amended Division 8
s. 113
1 Division 8 -- Petroleum Pipelines Act 1969 amended
2 113. Act amended
3 This Division amends the Petroleum Pipelines Act 1969.
4 114. Section 21 amended
5 In section 21(7) delete "Access (Western Australia)" and insert:
6
7 (WA)
8
9 115. Section 22 amended
10 In section 22(1a) delete "Access (Western Australia)" and
11 insert:
12
13 (WA)
14
15
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