Western Australian Current Regulations Western Australian Current Regulations (1) If the Authority
considers that a participant has contravened a civil penalty provision, the
Authority may, by notice given to the participant, demand that the participant
pay to the operator a civil penalty of an amount that does not exceed the
maximum civil penalty amount prescribed for the contravention in
Schedule 1.
(2) An amount
specified as a daily amount in Schedule 1 in respect of a contravention
of a civil penalty provision applies for each day or part of a day that the
contravention continues after —
(a) if a
day or time by which the contravention was to be rectified is specified in a
warning notice given to the participant — the day by which the
contravention was to be rectified; or
(b) in
any other case — the day on which the participant is given a
warning notice.
(3) For the purposes
of subregulation (2) —
(a) if
the contravention consists of a failure to do something required to be done,
the contravention is to be regarded as continuing until the act is done,
despite the fact that any period within which, or time before which, the act
is required to be done has expired or passed; and
(b) the
warning notice is the notice required to be given by the Authority to the
participant under the market rules warning the participant that the Authority
believes that the participant has contravened the provision.
(4) The demand must be
made within 6 years after the day on which the participant is considered
by the Authority to have contravened the provision.
(5) The notice
must —
(a) be
in writing; and
(b)
state the name and address of the participant; and
(c)
state that the notice is given under this regulation; and
(d)
specify the civil penalty provision that the Authority considers the
participant has contravened; and
(e)
provide details of the contravention, including the act or omission that the
Authority considers constitutes the contravention; and
(f)
specify the amount of the civil penalty; and
(g)
inform the participant that the participant may apply to the Board for review
of the Authority’s decision to demand the penalty; and
(h)
contain a statement to the effect that if the participant does not, within
28 days after the day on which the participant receives the
notice —
(i)
pay to the operator the amount demanded; or
(ii)
apply to the Board for review of the Authority’s
decision to demand the penalty,
the Authority may
apply to the Board for an order for the payment of the penalty.
(6) If a participant
does not, within 28 days after the day on which the participant received
the notice —
(a) pay
to the Authority the penalty demanded in the notice; or
(b)
apply to the Board for review, under Part 6, of the Authority’s
decision to demand the penalty,
the Authority may,
within a further 28 days, apply to the Board for an order for the payment
of the penalty demanded in the notice.
(7) The Board may make
an order that the participant pay the civil penalty demanded of the
participant if —
(a) the
Authority made the demand in accordance with this regulation; and
(b) the
participant has not paid the civil penalty to the operator; and
(c) the
participant has not applied to the Board for review of the Authority’s
decision to demand the amount.
(8) The Authority may
not demand that a participant pay the operator a civil penalty in respect of
the contravention of a civil penalty provision and the Board may not make an
order that the participant pay the civil penalty demanded of the participant
if the Board has made an order under regulation 33 that the participant
pay a civil penalty in respect of the contravention.
[Regulation 31 inserted: Gazette
16 Aug 2005 p. 3836‑9; amended: Gazette 5 Jun 2012
p. 2353; 24 Jun 2016 p. 2298‑300; SL 2023/32
r. 11; SL 2025/37 r. 14.]