Western Australian Current Acts Western Australian Current Acts (1) Where a person who
is alleged to be liable to an energy operator for the payment of the charges
in respect of any premises, or any part of any premises separately supplied,
so demands the energy operator shall, on payment of the prescribed fee, cause
a test of any meter used for ascertaining the extent, characteristics or value
of the energy supplied to be made by an officer of or a person appointed by
the energy operator.
(2) A meter shall be
deemed not to be in proper order if, on being tested, it is found to register
in such a manner that the limits of error prescribed under the
Electricity Act 1945 or the Gas Standards Act 1972 , as the case may be in
relation to meters of the class to which it belongs are exceeded.
(3) Where a meter, on
being tested, is found to register in excess of the prescribed limit of error
so as to increase the charge that should properly have been payable then any
fee paid in respect of the test shall be refunded by the energy operator.
(4) Where a meter, on
being tested pursuant to this section, is found not to be in proper order any
relevant account may, subject to section 65, be adjusted by reference to the
result of the test, and shall be so adjusted where and to the extent that the
error has operated to the disadvantage of the consumer.
(5) A test may, at the
option of the person requiring the test, be performed —
(a) on
the basis of a comparison of the performance of the meter under consideration
with test calibration equipment provided or approved by the energy operator;
or
(b) on
the basis of testing the meter under consideration by a testing laboratory
approved by the energy operator,
and the person
conducting such test shall prepare and sign a certificate as to the result of
that test and as to whether or not the performance of that meter was within
the limits of error prescribed in relation thereto, and any such certificate
shall in all proceedings relevant thereto be prima facie evidence as to the
performance of the meter specified therein.
(6) An energy operator
may require that as a prerequisite to the carrying out of any test under this
section all outstanding charges in relation to the supply pertaining to the
meter to be tested be paid.
[Section 66 amended: No. 89 of 1994 s. 39, 40 and
41; No. 58 of 1999 s. 56 and 83.]