Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
former regulations 4A, 30 and 31 means
regulations 4A, 30 and 31 as in force immediately before 8 am on
1 October 2023;
former Schedule 1 means Schedule 1 as in
force immediately before 8 am on 1 October 2023;
former Schedule 2 means Schedule 2 as in
force immediately before 8 am on 1 October 2023;
new Schedule 1 means Schedule 1 as
inserted by the Energy Regulations Amendment Regulations 2023
regulation 19;
new Schedule 2 means Schedule 2 as
amended by the Energy Regulations Amendment Regulations 2023
regulations 20 and 21.
(2) New
Schedule 1 does not apply in relation to contraventions, and
continuations of contraventions, of the market rules that occur before
8 am on 1 October 2023.
(3) Former
Schedule 1 continues to apply in relation to contraventions, and
continuations of contraventions, of the market rules that occur before
8 am on 1 October 2023.
(4) If, at or after
8 am on 1 October 2023, a person contravenes a provision of the
market rules (the new provision ), in determining whether the contravention of
the new provision is a subsequent contravention for the purposes of new
Schedule 1, any contravention of a provision of the market rules (the
former provision ) by the person before 8 am on 1 October 2023
is to be counted if —
(a) the
new provision is the same as the former provision; or
(b) the
substance of the new provision is the same, or substantially the same, as the
substance of the former provision.
(5) New
Schedule 2 does not apply in relation to decisions made under the market
rules before 8 am on 1 October 2023.
(6) Former
Schedule 2 continues to apply in relation to decisions made under the
market rules before 8 am on 1 October 2023.
(7) Former
regulations 4A, 30 and 31 continue to apply for the purposes of the
continuing application of former Schedule 1 under subregulation (3)
and former Schedule 2 under subregulation (6).
[Regulation 56 inserted: SL 2023/32
r. 18.]