Western Australian Current Acts

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ELECTRICITY ACT 1945 - SECT 41

41 .         Meter record to be prima facie evidence

        (1)         The register of the meter or other device used for ascertaining the quantity of electricity supplied by a supply authority shall be prima facie evidence of the quantity supplied or used.

        (2)         The supply authority shall be entitled to test any such meter or other device at any time, and if it fails to register or is found to register incorrectly, the account of the consumer for or in respect of the supply of electricity to him on the premises upon which the said meter or other device is installed for the period next following the period for which the then last preceding account was rendered to the consumer may be adjusted by the supply authority at its option upon any one of the following bases, namely —

            (a)         any test carried out under the authority of this Act; or

            (b)         the account rendered to the consumer in respect of such premises for the corresponding period of the then next preceding year; or

            (c)         the account rendered to the consumer for the then last preceding account period in respect of such premises with a reasonable adjustment thereof for any known variation in the consumer’s demand for electricity; or

            (d)         the certificate of testing of the meter or other device aforesaid hereinafter provided for.

        (3)         Subject to subsection (4) a consumer shall, upon payment of the prescribed testing fee, be entitled to demand a test of any meter or other device used for ascertaining the quantity of electricity supplied to him and when such a test is demanded the following provisions shall apply, that is to say —

            (a)         the test demanded may, at the option of the person requiring the test, be performed —

                  (i)         on the basis of a comparison of the working of the meter or other device under consideration with that of any other meter which has been certified by any tester approved by the Director to be effective; or

                  (ii)         on the basis of testing the meter or other device under consideration by a testing laboratory approved by the Director;

            (b)         the testing fee prescribed in respect of a test upon the basis mentioned in paragraph (a)(i) shall not exceed $20, and the testing fee prescribed in respect of a test upon the basis mentioned in the said paragraph (a)(ii) shall not exceed $50;

            (c)         if it be found on testing that the meter or other device is not more than 2% fast, the testing fee shall be retained by the supply authority;

            (d)         if it be found on testing that the meter or other device is more than 2% fast the testing fee shall be refunded to the consumer and a rebate, based on the result of the test shall be made on the last account rendered to the consumer and on the current account up to the date when the meter is removed or re-adjusted.

        (4)         Meters or other devices shall be considered correct if on testing they are found to register within 2% of the correct registration.

        (5)         All outstanding accounts between the consumer and the supply authority shall be paid before any test demanded by such consumer is made.

        [Section 41 amended: No. 113 of 1965 s. 8; No. 89 of 1994 s. 80; No. 63 of 1996 s. 10; No. 19 of 2010 s. 57(4).]



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