Western Australian Current Acts

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ELECTRICITY INDUSTRY ACT 2004 - SECT 8

8 .         Power to exempt

        (1)         The Governor may by order published in the Gazette exempt any person or class of persons from all or any of the provisions of section 7(1) to (4).

        (2)         An order under subsection (1) may provide for circumstances in which, and conditions subject to which, an exemption is to apply.

        (3)         An exemption is of no effect at any time when a condition to which it is subject is not being observed.

        (4)         The Governor must not make an order under subsection (1) unless the Governor is satisfied that it would not be contrary to the public interest to do so.

        (5)         Without limiting the other matters that may be taken into account, matters that are to be taken into account by the Governor in determining whether the making of the order would not be contrary to the public interest are —

            (a)         environmental considerations;

            (b)         social welfare and equity considerations, including community service obligations;

            (c)         economic and regional development, including employment and investment growth;

            (d)         the interests of customers generally or of a class of customers;

            (e)         the interests of any licensee, or applicant for a licence, in respect of the area or areas to which the order, if made, would apply;

            (f)         the importance of competition in electricity industry markets;

            (g)         the policy objectives of government in relation to the supply of electricity.

        (6)         The Interpretation Act 1984 section 43(4) and (7) to (9) apply to an order under subsection (1) as if the order were subsidiary legislation.

        [Section 8 amended: No. 10 of 2024 s. 7.]



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