Western Australian Current Acts

ENERGY OPERATORS (POWERS) ACT 1979 - SECT 67

67 .         Circumventing meters

        (1)         Where an energy operator supplies any energy, any unauthorised person who —

            (a)         alters the record produced by or the recording apparatus of any meter relating to that supply by any means; or

            (b)         prevents that meter from operating or registering; or

            (c)         by any means causes that meter to operate or register otherwise than in proper order; or

            (d)         interferes in any way with any part of any service apparatus, or any seal affixed thereto; or

            (e)         by any means obtains a supply of energy or enables a supply of energy to be obtained from the energy operator in a manner that circumvents or prevents the due regulation or recording of that supply by the meter,

                is guilty of an offence.

        Penalty: $2 000 and imprisonment for 9 months.

        (2)         Upon the conviction of a person for an offence under subsection (1), the Court, in addition to imposing a penalty under that subsection, shall order that the offender pay to the energy operator such amount (if any) as the Court thinks fit having regard to any actual or probable loss, damage, costs, or expenses that may be incurred by the energy operator in consequence of the wrongful act in respect of which the offender is convicted.

        (3)         Subsection (2) does not affect the right of an energy operator to recover by civil proceedings any sum in excess of the amount paid pursuant to an order made under that subsection.

        (4)         Where upon a charge of an offence under subsection (1) in relation to any premises or any part of those premises it is shown —

            (a)         that there was present in or about any relevant service apparatus any means enabling, or capable of enabling, the offence charged to be committed; and

            (b)         that the alleged offender is the person liable to an energy operator for the payment of the charges relating to those premises or that part of those premises,

                an inference exists that the offence was committed and that the offence was committed by the alleged offender, but the alleged offender shall be at liberty to show that the inference in the particular circumstances should not be so drawn, and in considering the weight to be given to the evidence the Court shall regard such an inference as raising a presumption of law.

        [Section 67 amended: No. 101 of 1981 s. 17; No. 24 of 1986 s. 27 and 42; No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3); No. 50 of 2003 s. 58(2); No. 84 of 2004 s. 80.]