Western Australian Current Acts Western Australian Current Acts (1) Any person who
wilfully —
(a)
alters, interferes with, defaces or removes any trigonometrical station, peg,
mark, pole, or works or other thing associated with any survey or with the
siting of any energy undertaking or works carried out by an energy operator in
the performance of its functions; or
(b)
damages or extinguishes any light provided, or takes down, alters or
interferes with any bar, chain, fence, hoarding or other thing erected or
placed for guarding against any accident on or for the protection of any
undertaking, works or thing the property of or under the control or management
of an energy operator; or
(c)
interrupts, impedes or obstructs the transmission, distribution or supply of
energy by an energy operator; or
(d)
removes, defaces, damages, alters or interferes with any notice, sign, order
or written instruction attached by or with the authority of an energy operator
to any undertaking, works or thing the property of or under the control or
management of the energy operator or to any service apparatus or consumer
installation; or
(e)
without the approval in writing of an energy operator affixes any poster,
sign, advertisement or notice to any undertaking, works or thing the property
of or under the control or management of the energy operator or makes any
inscription, drawing or mark thereon,
or who attempts to do
so, commits an offence and is liable on conviction to a fine not exceeding $2
000.
(2) Any person who
wilfully or negligently breaks, otherwise destroys or damages, or in a manner
likely to cause damage interferes with, any part of any supply system, or any
undertaking, works or other thing the property of or under the control or
management of an energy operator, or any part of any such thing, commits an
offence and is liable on conviction to a fine not exceeding $2 000.
(3) In any proceedings
for an offence against subsection (2) where a person is found to have
destroyed or damaged any part of such system or undertaking or any such work
or thing which was in or under any street he shall be deemed to have acted
negligently unless he shows that he made reasonable prior inquiry from the
energy operator concerned as to the whereabouts in that street of any such
system, undertaking, works or thing.
(4) Any person who
without authority, or without having given to an energy operator the notice
(if any) required by or under this Act of his intention, so to do opens any
ground so as to uncover or expose any works or other thing the property of or
under the control or management of the energy operator commits an offence and
is liable on conviction to a fine not exceeding $2 000.
[Section 75 amended: No. 24 of 1986 s. 33 and 42;
No. 89 of 1994 s. 28, 39 and 41; No. 58 of 1999 s. 83(1) and (3).]