Western Australian Current Acts Western Australian Current Acts (1) Subject to
section 60(2), a consumer of energy supplied by an energy operator shall pay
to the energy operator such rates, charges, fees, rentals and other sums as
may be due to the energy operator pursuant to this Act or any other Act in
respect of the supply of energy or a matter connected therewith or any
service, apparatus or other thing provided by the energy operator to that
consumer, and the conditions of supply prescribed or agreed in relation to
such supply shall have effect, but where generating works are owned,
controlled, or operated by a person and the energy operator provides a standby
service secondary to those generating works, the energy operator may impose
conditions or stipulations and make charges in respect of that service whether
or not it is utilised.
(2) Subject to this
section, the occupier of any premises supplied with energy by an energy
operator, or the occupier of such part of any premises as is supplied with
energy by an energy operator separately from any other part of those premises,
shall for the purposes of this Act or any other Act be deemed to be the
consumer as regards those premises, or that part of those premises, as the
case may require.
(3) Where an energy
operator has supplied energy to any premises, or any part of any premises
separately so supplied, and the charges are not met by a person other than the
owner of those premises then unless the name of the occupier was notified to
the energy operator prior to the rendering of account for charges in respect
of the premises, those premises, or that part of those premises, may for the
purposes of this Act and the recovery of charges be deemed to have been owner
occupied.
(4) Where a person
gives to an energy operator not less than 5 days’ notice of his
intention to vacate any premises and does vacate those premises at the time
specified he shall not be liable for any charges incurred in respect of those
premises by a subsequent occupier, and where a person proposes to occupy any
premises and arranges with an energy operator for the charges in respect of
the premises incurred prior to the occupation by him to be ascertained he
shall not be liable in respect of the charges for the period prior to his
entry into occupation, but where the energy operator is not so enabled to
ascertain the liability for charges then for so long as the supply is
continued each person who has occupied or does occupy the premises since last
the energy operator was so enabled or an account was paid shall be jointly and
severally liable for the payment of unpaid charges, but the energy operator
shall not be entitled to recover in the aggregate more than the sum of the
unpaid charges and shall so far as is practicable endeavour to recover from
each consumer the fair proportion of the total liability.
(5) Each point of
supply metered by an energy operator shall be considered by the energy
operator as a separate supply, and may be charged for accordingly.
(6) Any application
for, or agreement relating to, an optional or special tariff is not
transferable, and if the supply is terminated, otherwise than in respect of a
failure to pay charges due, that tariff will not be applicable to any new
supply without a further application being approved or agreement entered into
in respect of the new supply.
(7) Notwithstanding
that any charges are expressed to be at a rate calculated by the month, the
consumption metered may be charged in respect of the period since the last
meter reading adjusted by reference to calendar months and parts of a calendar
month.
(8) Where, whether or
not a contract in writing applies, in relation to any premises a consumer
fails to pay any charges payable within not less than 7 days subsequent to the
due date, an energy operator may terminate the supply of energy, of whatever
kind, to those premises and finalise the account and may refuse to re-connect
that supply, but may re-connect the supply on payment of the prescribed fee
upon the amount due being received, and where an energy operator is satisfied
that a consumer has failed to pay any charges in respect of premises
previously occupied by him and for which he remains liable the energy operator
may terminate the supply of energy, of whatever kind, to any other premises in
the occupation of that consumer.
(9) In addition to the
power to terminate supply in respect of unpaid charges, an energy operator
shall have power to terminate supply where a security required pursuant to
subsection (10) is not furnished or where section 58 or section 68(9) applies.
(10) For the purpose
of —
(a)
covering in whole or in part the costs of any property of an energy operator
installed on the premises of any consumer in so far as he derives benefit
therefrom; or
(b)
securing the payment of any moneys due or likely to become due (other than in
respect of charges based on the domestic tariff) to an energy operator from a
person to whom or on whose behalf energy is supplied on any premises,
the energy operator
may, subject to subsection (11), from time to time require a person to furnish
to the energy operator security as a condition of the supply or of the
continuance of the supply.
(11) The amount of the
security which the energy operator may require a person to furnish pursuant to
subsection (10)(b) shall not exceed —
(a)
where the accounting period is 2 months or less, twice the average amount of
the account taken over the 3 preceding accounting periods; and
(b)
where the accounting period exceeds 2 months, one and one-half times the
average amount of the account taken over the 3 preceding accounting periods;
and
(c) in
the case of a new supply, or of an account where it is anticipated upon
reasonable grounds that the consumption will be substantially increased, or
where the accounting period is or has been of varying duration, or in any
other case, such amount as the energy operator determines having regard to the
methods of assessment set out in paragraph (a) and paragraph (b) unless or
until one of those paragraphs becomes applicable.
(12) Where —
(a) a
deposit is made or any other security is given in excess of the amount
applicable pursuant to subsection (11), the amount required by an energy
operator shall be re-assessed; or
(b) a
deposit is made or any other security is given that an energy operator
considers to be no longer appropriate for the purpose for which it was
required, the energy operator shall re-assess whether a deposit or other
security should be required for that purpose and, if so, the amount of the
deposit or other security to be required,
and the deposit shall
be refunded or credited or the security shall be discharged or modified
accordingly.
(13) Where the
consumer elects to furnish the required security by means of a bank guarantee,
or in some other manner which in the opinion of an energy operator is
sufficient to safeguard the financial interest of the energy operator, the
energy operator shall not require a security to be given by way of a deposit
of moneys.
(14) Where a security
is given in relation to any premises for any of the reasons referred to in
subsection (10) that security may be applied by the energy operator if default
occurs in respect of those premises for any reason.
[(15) deleted]
(16) An energy
operator shall pay, or give credit for, interest on money held by the energy
operator pursuant to this section by way of security on behalf of any person
or body in such manner and at such rate as may be prescribed.
(17) Where in relation
to any consumer there is on any premises service apparatus or other apparatus
the property of an energy operator and to the possession of which the energy
operator is entitled, and the supply effected to or on behalf of that consumer
is terminated, the energy operator may at any reasonable time enter those
premises and disconnect, remove and take away that service apparatus or other
apparatus.
[Section 62 amended: No. 101 of 1981 s. 16; No. 89
of 1994 s. 24, 39, 40 and 41; No. 58 of 1999 s. 83.]