Western Australian Current Regulations

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ELECTRICITY INDUSTRY (WHOLESALE ELECTRICITY MARKET) REGULATIONS 2004


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation  
   2.      Purpose  
   3.      Terms used  
   4A.     References to provisions of market rules in 1 and 2  
   4.      Effect on earlier regulations and rules

   PART 2 -- The market rules  

   5.       Market rules  
   6.       Market rules: general provisions  
   7.      Amending market rules  
   8.       Availability of copies of market rules  
   9.       Market procedures  
   10.     Functions of Ministers  
   11.     Functions of Economic Regulation Authority  
   12.     Functions of operator  
   12A.    Functions of electricity corporations  
   12C.    Functions of Coordinator  
   14.     Market rules as to registration  
   15.     Functions of registered participants  
   16.     Evidence as to registered participants and exemptions  
   17.     Market rules generally  
   17A.    Transitional market rules for transfer of functions to AEMO  
   17B.    Transitional market rules for transfer of functions from IMO to Authority or Rule Change Panel  
   17C.    Transitional market rules for transfer of functions from Rule Change Panel to Coordinator  
   18.     Trade practices authorisation  
   18A.    Excluded matters for purposes of Corporations Act 2001 (Commonwealth)

   PART 3 -- Registration requirement  

   19.     Registration required for certain activities  
   20.     Notice of failure to register

   PART 4 -- Market costs  

   21.     Allocation of costs

   PART 5 -- Enforcement of the market rules

           Division 1 -- Preliminary  

   22.     Terms used

           Division 2 -- Investigation  

   23.     Authorised persons  
   24.     Search warrants  
   25.     Announcement before entry  
   26.     Details of warrant to be given to occupier  
   27.     Copies of seized documents  
   28.     Retention and return of seized documents etc.  
   29.     Obstruction of persons authorised to enter

           Division 3 -- Orders and penalties  

   30.     Civil penalty provisions and civil penalties  
   31.     Authority may demand civil penalty for contravention of civil penalty provision  
   32.     Applications for orders from Board for contraventions of provisions of market rules  
   33.      Orders Board may make for contraventions of provisions of market rules  
   34.      Enforcement of orders of Board  
   35.     Contravention of provision of market rules not an offence  
   36.     Conduct contravening more than one civil penalty provision  
   37.     Application of civil penalties received by operator  
   38.     Authority to notify certain persons of decisions not to take action  
   39.     Applications for orders from Board -- procedure

           Division 4 -- Payments under the market rules  

   40.      Obligation to make payments under market rules

   PART 6 -- Review by the Board  

   41.     Reviewable decisions and procedural decisions  
   42.     Review by Board -- all reviewable decisions  
   43.     Review by Board -- procedural decisions  
   44.     Application for review  
   45.     Effect of application for review  
   45A.    Procedure on review: general  
   46.     Conferences  
   47.     Procedure on review: parties

   PART 7 -- The Board  

   48.     Terms used  
   49.     Functions of Board  
   50.     Proceedings before Board

   PART 8 -- Limitation of liability  

   51.     Persons exempt from section 126(3)(a) of Act  
   52.     Maximum civil monetary liability for certain market governance participants  
   53.     Maximum civil monetary liability for officers and employees of market governance participants

   PART 9 -- Provision of information and advice to Minister  

   54.     Provision of information and advice to Minister: operator’s functions

   PART 10 -- Authority may prosecute offences  

   55.     Authority may prosecute offences

   PART 11 -- Savings and transitional provisions  

   56.     Savings and transitional provisions for Energy Regulations Amendment Regulations 2023
           SCHEDULE 1 -- Civil penalty provisions and amounts
           SCHEDULE 2 -- Reviewable decisions and procedural decisions  


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