Western Australian Current Acts Western Australian Current Acts (1) Where prior to the
coming into operation of this Act the Commission has —
(a)
purported by means of any published tariff, schedule or table to fix any fee
or charge or the conditions of any supply, although not published in by-laws
or otherwise in the Government Gazette ; or
(b) made
or demanded any re-connection fee, connection fee, service fee, account
establishment fee or fixed charge or assessed any charge pro rata, or received
any moneys or value, pursuant to any such tariff, schedule or table, or in
respect of any such fee or charge; or
(c)
otherwise acted pursuant to the conditions of supply so published,
in relation to
electricity or other power supplied, or any meter or appliance rented, service
rendered, account established or transferred, or other matter undertaken by
the Commission, that tariff, schedule or table and that fee or charge shall be
deemed to have been lawful and any such moneys to have been lawfully received,
and any moneys demanded but unpaid, or to be demanded, in accordance with such
a tariff, schedule or table or in respect of such a fee or charge may be
recovered by the Commission in a court of competent jurisdiction unless it is
established that the demand was not justified by reason of non-supply, mistake
or other cause not limited to the failure by the Commission to comply with the
provisions of the principal Act in regard to the making of by-laws or the
levying of fees and charges.
(2) Where prior to the
coming into operation of this Act the Commission has —
(a)
demanded or received from any person —
(i)
any moneys; or
(ii)
any guarantee, indemnity or other surety,
whether or not
pursuant to a contract, to be held by or on behalf of the Commission as a
deposit or security for or on account of fees and charges payable or to become
payable to the Commission in respect of a supply effected or to be effected or
to cover the cost of Commission property on the premises of the consumer;
(b)
failed to allow interest or to pay interest from time to time pursuant to the
conditions of any contract, or purported contract, in respect of moneys so
deposited;
(c)
failed to refund, or make a credit in respect of, any moneys so deposited upon
the continuance of the purported contract coming to an end or the relevant
supply being discontinued, or otherwise upon lawful demand;
(d)
incorrectly appropriated or improperly credited any moneys so deposited or any
such fees, charges or other moneys due to, or demanded by, or paid erroneously
to, the Commission;
(e)
failed to account correctly for deposits made by a person in respect of
premises to be named from time to time, or to the depositor in respect of
premises no longer occupied by the depositor as occupier,
then any such deposit
or security shall be deemed to have been made or given pursuant to a condition
of the supply to be effected or continued and to have been lawfully received
and dealt with by the Commission, without liability for the payment of
interest thereon where no rate was determined in respect thereof, and may be
retained by the Commission as income derived from the business carried on by
it under the authority of the principal Act until such time as it is refunded
to, or is credited to the account of, the consumer, and where no refund or
credit can be so effected the amount in question shall be dealt with as though
it was unclaimed money held by the Commission as a company within the meaning
of the Unclaimed Moneys Act 1912 .