Western Australian Current Acts Western Australian Current Acts (1) The Governor may
make any regulations not inconsistent with the provisions of this Act which
may be necessary or convenient for carrying this Act into operation or for
facilitating the operation of this Act, and, without in any way limiting or
restricting the generality of this section, may make regulations particularly
in respect of the following, namely —
(a) the
limit within which and the conditions under which a supply of electricity by a
supply authority shall be compulsory or permissive; and
(b)
securing a regular and sufficient supply of electricity by supply authorities;
and
(c)
securing the safety of the public from personal injury and the property of the
public from damage by fire or otherwise; and
(d)
subject to existing contracts the limitation of the prices which may be
charged by supply authorities in respect of the supply of electricity and the
rent and sale of service apparatus and electric fittings; and
(e)
authorising inspection and inquiry; and
(f) the
examination, qualifications and licensing of electrical workers, radio workers
and contractors or of special classes of electrical workers and contractors
(including cinematograph operators who operate plants electrically supplied
with a pressure of not less than 100 volts); and
[(g) deleted]
(h) for
the prevention of radio interference, authorising inspection of any premises
in any part of the State from which radio interference is or is suspected of
being caused; and
[(i) deleted]
(j)
prescribing standards for electrical wires and cables and for the materials
used in the manufacture of electrical appliances, fittings and things used in
connection with any supply of electricity; and
(k)
prescribing the fees which may be charged for any services performed or
rendered by the Director or by any officer, inspector or other authority
pursuant to this Act or the regulations made thereunder; and
(l)
prescribing the form and basis of charging for electricity by a supply
authority, and the methods to be adopted in fixing such charges, and
prescribing times for revising the same; and
(m)
prohibiting interference by unauthorised persons with any electric work,
service apparatus, electric fitting or other electrical installation; and
(n)
conferring upon a network operator power to refuse or discontinue the supply
of electricity where under the conditions existing such supply may be
dangerous to life, health or property, and regulating the exercise of such
power by the network operator; and
(o)
requiring the periodical inspection by a network operator for all its electric
works installed in, on, over or under any street, or any public or private
building or premises; and
(p) the
safety of persons employed in or about generating stations or in the
construction or installation of electric works; and
(q)
prescribing standards for the voltages to be maintained by network operators
at that position on the premises of a consumer at which the main switch is
situated; and prescribing standards and rules for the construction or
installation of electric works, service apparatus, electric fittings and other
electrical installations; and
(r)
generally, in connection with the supply of electricity by a network operator;
and
(s)
imposing penalties for any offence committed against a regulation made under
this section —
(i)
in the case of an individual, of $50 000; and
(ii)
in the case of a body corporate, of $250 000.
(2) Such regulations
may be restricted to any part of the State or, except where the context of
subsection (1) specifically requires, may be of general application throughout
the State and apply generally to and incidental to the generation and use of
electricity throughout the State.
(3) Without prejudice
to the generality of subsection (1) or subsection (2), such regulations may
—
(a)
provide for the establishment, functions and conduct of a Board or Boards
appointed by the Minister and subject to the directions of, the Director for
the purposes of administering, pursuant to the powers respectively set out in
the regulations relating thereto, schemes for —
(i)
the regulation of electrical work, and the licensing of
persons as electrical workers;
(ii)
the regulation of the practice of cinematograph
operating, and the licensing of persons as cinematograph operators;
(iii)
the regulation of electrical contracting, and the
licensing of persons as electrical contractors;
[(iiia) deleted]
(iv)
the regulation of such other trades or practices relating
to electricity, and the licensing of persons in relation thereto, as may be
prescribed;
and
(b)
provide that the carrying out of prescribed kinds of electrical work, or the
doing of any prescribed act or thing in relation to electricity or electrical
work, shall be prohibited unless carried out or done pursuant to a licence,
permit or authorisation under this Act and in accordance with the regulations
and any conditions imposed thereby or by the relevant licence, permit or
authorisation; and
(c)
prohibit persons from employing or permitting other persons to carry out work
or do any act or thing in contravention of the regulations, and provide for
the registration of employees engaged in work of a kind to which the
regulations apply; and
(d)
provide for the conduct of examinations for, and the classification, issue,
suspension, cancellation, or surrender of, differing kinds of licences,
permits or authorisations and for their duration and renewal or the grounds
upon which renewal may be refused; and
(e)
authorise the Director to delegate his or her powers to a Board, and the
exercise by the Board of such powers as are so delegated or as are prescribed
including the issue of licences, permits and authorisations, and the conduct
of proceedings, in the name of the Board, and provide for the control or
supervision of all such Boards by the Director; and
(f)
establish systems of inspection, inquiry, and supervision, (including the
appointment of persons as inspectors and specifying their duties and powers),
and provide for the Director to exercise disciplinary powers in respect of
certain matters and specify disciplinary penalties, other than the suspension
or cancellation of a licence, permit, or authorisation, that the Director may
impose; and
(faa)
regulate the making of allegations in respect of disciplinary matters by the
Director to the State Administrative Tribunal and specify the penalties that
may be imposed and disciplinary action, including suspending or cancelling a
licence, permit or authorisation, that may be taken by the State
Administrative Tribunal in dealing with an allegation; and
(fa)
contain such provisions of a savings and transitional nature as are necessary
or convenient for the purposes of dealing with matters that are incidental to
or consequential on an amendment to any regulations made under this section
and for adjustments to any fees and charges payable under the regulations; and
(g)
create offences, and provide for the payment, enforcement and recovery of
penalties, fees and charges; and
(h)
adopt, by reference to the text as from time to time amended and for the time
being in force, unless a particular text is specified at the time of such
adoption, —
(i)
such rules, regulations, codes, instructions or other
subordinate legislation made, determined or issued under any other Act, or
under any Act of the Parliament of the Commonwealth or of the Parliament of
the United Kingdom; or
(ii)
such standards, rules, codes or specifications issued by
Standards Australia, the British Standards Institution, or other specified
body,
either wholly or in
part or with modifications, as are specified; and
(i)
provide that where by reason of unavailability of
materials or other reason that the Director considers valid any requirement
imposed by the Director cannot be conformed to, the Director may dispense with
that requirement and in lieu authorise in writing in any particular case the
use of materials or any other matters which he or she considers to be
appropriate; and
(j)
provide that, in a specified case or a specified class of case, whether on
specified conditions or unconditionally, a person or thing or a class of
persons or things, may be exempted from the provisions of those regulations
either wholly or to such extent as is specified; and
(k)
require a matter affected by them to be in accordance with a specified
standard, specification or requirement or to be as approved by, or to the
satisfaction of, a specified person or body or a specified class of person or
body, or so as to confer on a specified person or body or a specified class of
person or body a discretionary authority.
(3A) Regulations made
under subsection (3)(f) and (faa) may allow for penalties to be imposed on,
and disciplinary proceedings or action to be taken against, a person who
formerly held a licence, permit or authorisation.
(4) In this section,
specified means specified in the regulation in relation to which the term is
used.
[Section 32 amended: No. 72 of 1953 s. 3; No. 113
of 1965 s. 8; No. 86 of 1979 s. 8; No. 42 of 1988 s. 5; No. 89 of 1994 s. 75
and 81; No. 14 of 1996 s. 4; No. 63 of 1996 s. 21; No. 24 of 2000 s. 14(13);
No. 74 of 2003 s. 48(2); No. 33 of 2004 s. 15; No. 55 of 2004 s. 273; No. 28
of 2006 s. 165; No. 5 of 2007 s. 5; No. 8 of 2009 s. 49; No. 7 of 2022 s. 21.]