Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsection (2b), the Authority may prepare and issue a code or codes in
respect of the matters referred to in subsection (2).
(2) A code may make
provision for and in relation to any one or more of the following —
(a)
metering of the supply of electricity by licensees including —
(i)
the provision, operation and maintenance of metering
equipment; and
(ii)
ownership of and access to metering data;
(b) the
transfer of customers between licensees;
(c)
methods or principles to be applied by licensees in the preparation of
accounts for customers;
(d)
standards relating to the quality, security and reliability of the supply of
electricity that are to be observed by the holders of transmission licences,
distribution licences or integrated regional licences;
(da)
compensation payments to be made to customers by the Electricity Networks
Corporation or the Regional Power Corporation, as the case requires, if the
corporation fails to observe standards referred to in paragraph (d);
(e) any
other matter prescribed by the regulations.
(2a) If the Authority
has not prepared and issued a code in respect of a code matter the Minister
may —
(a)
prepare and issue a code in respect of that code matter; or
(b) by
notice published in the Government Gazette , declare that the Minister
proposes to prepare and issue a code in respect of that code matter.
(2b) If —
(a) a
code prepared and issued by the Minister; or
(b) a
declaration under subsection (2a)(b),
is in force in respect
of a code matter, the Authority cannot issue a code in respect of that code
matter.
(2c) In subsections
(2a) and (2b) —
code matter means —
(a) the
matter mentioned in subsection (2)(a); or
(b) the
matter mentioned in subsection (2)(b); or
(c) the
matter mentioned in subsection (2)(d); or
(ca) the
matter mentioned in subsection (2)(da); or
(d) a
matter referred to in subsection (2)(e).
(3) A code is
subsidiary legislation for the purposes of the Interpretation Act 1984 .
(4) A provision of a
code is of no effect to the extent that it is inconsistent with a provision of
this Act or another written law.
(5) The regulations
may require the Authority, before it issues a code, to undertake public
consultation in accordance with the procedure specified in the regulations.
[Section 39 amended: No. 33 of 2004 s. 29; No. 18
of 2005 s. 139; No. 1 of 2024 s. 7.]