Western Australian Current Acts

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ENERGY OPERATORS (POWERS) ACT 1979 - SECT 68

68 .         Inspectors

        (1)         An energy operator may appoint an officer of the energy operator to be an inspector.

        [(2)         deleted]

        (3)         Every person appointed to be an inspector pursuant to subsection (1) shall be furnished with a certificate in the prescribed form and an inspector shall produce that certificate whenever requested so to do by any person apparently having the charge of any land, premises, or thing in respect of which he has exercised or is about to exercise any of his powers.

        [(4)         deleted]

        (5)         Production of a certificate in the prescribed form is prima facie evidence in any Court of the appointment of the inspector to whom that certificate relates and of his authority as such an inspector to exercise the power conferred upon such an inspector under this Act.

        (6)         For the purposes of facilitating the carrying out of his duties an inspector may be accompanied by any interpreter, technical adviser, or workman who the inspector thinks competent and necessary to assist him in making any inspection or examination, and any reference to an inspector in this Act in the context of the right of entry or in relation to the powers or duties conferred or imposed by this section shall be deemed to include a reference to a person of the kind referred to in this subsection when that person is accompanied by, and acting in the course of his duties on behalf of, an inspector.

        (7)         In the exercise of his powers under this section an inspector shall conform so far as is practicable to any reasonable requirement of a person owning or using the land, premises, or thing inspected which is requested by that person in order to prevent the working of any business or the conduct of any operations being thereby obstructed; but subject to the compliance by the inspector with the requirements of this Act an inspector may for the purpose of the exercise of his powers and the discharge of his duties require a person having the custody or control of any land, premises or thing in respect to which the inspector is authorised to exercise any power to furnish such reasonable access to apparatus, facilities and other assistance and relevant information as he is capable of furnishing to that inspector.

        (8)         Subject to this Act (including the regulations and by-laws made under this Act) an inspector appointed under this section may —

            (a)         enter without notice on or into any land, premises or thing where any plant, works or apparatus of the energy operator is or may be situated and inspect all such plant, works or apparatus; and

            (b)         if the inspector has reasonable cause to believe that a consumer is attempting to circumvent or prevent the due regulation or recording of the supply of energy to the consumer by the energy operator, enter without notice on or into any land, premises or thing where any plant, works or apparatus of the consumer is or may be situated and inspect all such plant, works or apparatus; and

            (c)         take with him such persons as he thinks competent and necessary to assist him in making any inspection.

        [Section 68 amended: No. 101 of 1981 s. 18; No. 24 of 1986 s. 29; No. 89 of 1994 s. 26; No. 58 of 1999 s. 83(2) and (3).]



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