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Western Australia
Electricity Legislation Amendment Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- General Amendments
Division 1 -- Electricity Act 1945 amended
3. The Act amended 3
4. Long title amended 3
5. Section 5 amended 3
6. Section 6 replaced 5
7. Part II heading amended 6
8. Part II Division 1 heading deleted 6
9. Sections 7, 8, 9 and 10 repealed 6
10. Section 13 repealed 6
11. Sections 15, 16 and 17 repealed 6
12. Part II Division 2 heading deleted 6
13. Part II Division 3 heading deleted 6
14. Section 25 amended 6
15. Section 32 amended 7
16. Section 42 replaced 8
17. Section 45 amended 8
18. Section 46 repealed 8
19. Section 53 amended 8
Division 2 -- Electricity Corporation Act 1994
amended
20. The Act amended 9
21. Section 3 amended 9
22. Section 28 amended 9
23. Section 31A inserted 10
247--2B page i
Electricity Legislation Amendment Bill 2003
Contents
24. Section 62 amended 11
25. Section 66 amended 12
26. Section 95A inserted 12
27. The Act amended 13
28. Part 2 Division 7 heading amended 14
29. Section 39 amended 14
30. Section 79 amended 15
31. Section 89A inserted 15
32. Section 103 amended 16
33. Section 104 amended 16
34. Section 106 amended 16
35. Section 115 amended 16
36. Schedule 1 amended 18
Division 4 -- Energy Operators (Powers) Act 1979
amended
37. The Act amended 19
38. Long title amended 19
39. Section 4 amended 19
40. Section 38 amended 20
41. Section 43 amended 20
42. Section 45 amended 21
43. Section 46 amended 21
44. Section 57 amended 22
45. Section 123 amended 26
46. Section 124 amended 27
Division 5 -- Parliamentary Commissioner Act 1971
amended
47. The Act amended 28
48. Section 34 amended 28
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Electricity Legislation Amendment Bill 2003
A Bill for
An Act to amend the --
· Electricity Act 1945;
· Electricity Corporation Act 1994;
· Electricity Industry Act 2004;
· Energy Operators (Powers) Act 1979; and
· Parliamentary Commissioner Act 1971.
The Parliament of Western Australia enacts as follows:
page 1
Electricity Legislation Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Electricity Legislation Amendment
Act 2003.
5 2. Commencement
(1) The provisions of this Act come into operation on a day fixed
by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 1
s. 3
Part 2 -- General Amendments
Division 1 -- Electricity Act 1945 amended
3. The Act amended
The amendments in this Division are to the Electricity
5 Act 1945*.
[* Reprint 5 as at 6 June 2003.]
4. Long title amended
The long title is amended by deleting "to consolidate and amend
the law relating to the establishment and control of electricity
10 generating stations and to the transmission, distribution and use
of electricity;".
5. Section 5 amended
(1) Section 5(1) is amended in the definition of "service apparatus"
by inserting after "supply authority" --
15 " or network operator ".
(2) Section 5(1) is amended in the definition of "electric
installation" by deleting "electric" and by relocating the
definition in the appropriate alphabetical position.
(3) Section 5(1) is amended by deleting the definition of "supply
20 authority" and inserting instead --
"supply authority" means an entity that, immediately
before the coming into operation of section 5 of
the Electricity Legislation Amendment Act 2004,
was a supply authority as defined in this section,
25 but does not include the Western Power
Corporation;
page 3
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 1 Electricity Act 1945 amended
s. 5
(4) In section 5(1) the following definitions are inserted in the
appropriate alphabetical positions --
"
"distribution licensee" means the holder of --
5 (a) a distribution licence under the Electricity
Industry Act 2004; or
(b) an integrated regional licence under the
Electricity Industry Act 2004 that authorises
the holder to operate a distribution system as
10 defined in section 3 of that Act;
"exempt operator" means a person who --
(a) operates transmission works or distribution
works; and
(b) would be required under section 7 of the
15 Electricity Industry Act 2004 to be the holder
of a transmission licence, distribution licence
or integrated regional licence in respect of
the operation of those works but for an order
issued by the Governor under section 8(1) of
20 that Act;
"network operator" means a person who --
(a) operates transmission works and is a
transmission licensee;
(b) operates distribution works and is a
25 distribution licensee; or
(c) is an exempt operator;
"transmission licensee" means the holder of --
(a) a transmission licence under the Electricity
Industry Act 2004; or
30 (b) an integrated regional licence under the
Electricity Industry Act 2004 that authorises
the holder to operate a transmission system
as defined in section 3 of that Act;
page 4
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 1
s. 6
".
(5) In section 5(1) the definitions of "concessionaire", "department"
or "Government Department" and "linking up scheme" are
deleted.
5 6. Section 6 replaced
Section 6 is repealed and the following section is inserted
instead --
"
6. Application of Act to supply authorities
10 (1) The Minister may, by instrument published in the
Government Gazette, declare that on and after a
specified day a specified relevant provision does
not apply to a specified supply authority, and a
declaration so made has effect accordingly.
15 (2) A declaration is not to be made in respect of a
relevant provision unless the Minister is of the
opinion that on and after the specified day the
specified supply authority will have powers, rights
and obligations under the Electricity Industry Act
20 2004 that are substantially equivalent to those
conferred or imposed by the relevant provision.
(3) A declaration is not to be made after the expiration
of the period of 2 years beginning on the day of the
insertion of subsection (1) into this Act by the
25 Electricity Legislation Act 2004.
(4) In this section --
"declaration" means a declaration made under
subsection (1);
"relevant provision" means any of sections 11 to
30 24, 34 to 41 or 43 to 51, or any portion of
any of those sections, or section 32 (a),
(b), (d) or (l);
page 5
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 1 Electricity Act 1945 amended
s. 7
"specified" means specified in the declaration.
".
7. Part II heading amended
The heading to Part II is amended by deleting "Supply
5 authorities" and inserting instead --
"
Powers, rights and obligations
".
8. Part II Division 1 heading deleted
10 The heading to Part II Division 1 is deleted.
9. Sections 7, 8, 9 and 10 repealed
Sections 7 to 10 are repealed.
10. Section 13 repealed
Section 13 is repealed.
15 11. Sections 15, 16 and 17 repealed
Sections 15 to 17 are repealed.
12. Part II Division 2 heading deleted
The heading to Part II Division 2 is deleted.
13. Part II Division 3 heading deleted
20 The heading to Part II Division 3 is deleted.
14. Section 25 amended
(1) Section 25 is amended by deleting "supply authority" in each
place where it occurs and inserting instead --
" network operator ".
page 6
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 1
s. 15
(2) Section 25(1)(c) is amended by deleting ", maintain a supply
sufficient for the use of all consumers for the time being entitled
to be supplied with electricity from that main, and in the case
of" and inserting instead --
5 " as ".
Note: The heading to section 25 will be altered to read "Duties as to supply
of electricity".
15. Section 32 amended
(1) Section 32(1) is amended as follows:
10 (a) in paragraphs (n), (o) and (r) by deleting "supply
authority" in each place where it occurs and inserting
instead --
" network operator ";
(b) in paragraph (q) by deleting "persons operating
15 generating stations" and inserting instead --
" network operators ";
(c) by deleting paragraph (g).
(2) Section 32(2) is amended by deleting "either general or
restricted to the whole or any part of the area of the district or
20 districts of a particular local government or particular local
governments, and" and inserting instead --
" restricted to any part of the State or ".
(3) Section 32(5) and (6) are repealed.
page 7
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 1 Electricity Act 1945 amended
s. 16
16. Section 42 replaced
Section 42 is repealed and the following section is inserted
instead --
"
5 42. Apparatus
(1) A network operator is not entitled to insist on the use of
any special form of electrical installation, apparatus or
fitting, by any person.
(2) However a person is not entitled --
10 (a) to use any form of electrical installation,
apparatus or fitting; or
(b) to use or deal with electricity supplied to the
person for any purpose or in any manner,
that would interfere unduly or improperly with the
15 supply of electricity to any other person.
".
17. Section 45 amended
Section 45 is amended by deleting "supply authority" in both
places where it occurs and inserting instead --
20 " network operator ".
18. Section 46 repealed
Sections 46 is repealed.
19. Section 53 amended
Section 53(1) is amended by deleting "supply authority" and
25 inserting instead --
" network operator ".
page 8
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 2
s. 20
Division 2 -- Electricity Corporation Act 1994 amended
20. The Act amended
The amendments in this Division are to the Electricity
Corporation Act 1994*.
5 [* Reprint 2 as at 3 January 2003.
For subsequent amendments see Western Australian Legislation
Information Tables for 2003, Table 1, p. 118. ].
21. Section 3 amended
(1) Section 3 is amended as follows:
10 (a) by inserting before "In this Act" the subsection
designation "(1)";
(b) in the definition of "subsidiary" by deleting
paragraph (a) and "and" after it and inserting instead --
"
15 (a) a body determined to be a subsidiary of
the corporation under subsection (2); or
".
(2) At the end of section 3 the following subsection is inserted --
"
20 (2) Part 1.2 Division 6 of the Corporations Act
applies for the purpose of determining whether
a body is a subsidiary of the corporation.
".
22. Section 28 amended
25 (1) Section 28(3) is amended by deleting "The" and
inserting instead --
" Subject to subsection (3a), the ".
page 9
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 2 Electricity Act 1945 amended
s. 23
(2) After section 28(3) the following subsections are
inserted --
"
(3a) Without limiting section 66, the Minister may under that
5 section direct the corporation --
(a) not to perform a function specified in the
direction;
(b) not to perform a function specified in the
direction to an extent, or except to an extent,
10 specified in the direction; or
(c) not to perform a function specified in the
direction in or in relation to an area, or except in
or in relation to an area, specified in the
direction.
15 (3b) Subsection (3a) does not authorise a direction of a kind
mentioned in section 38A(1).
".
23. Section 31A inserted
After section 31 the following section is inserted --
20 "
31A. Segregation of functions
(1) Regulations under section 100 may provide for,
and in relation to --
(a) the segregation of any segment of the
25 corporation's operations mentioned in
section 62(2) from the other functions or
operations of the corporation; or
(b) the segregation from the corporation of any
subsidiary of the corporation that has any
30 functions or operations of a specified kind.
page 10
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 2
s. 24
(2) Regulations referred to in subsection (1) may
make provision for, or in relation to --
(a) the keeping of accounts and records;
(b) financial reporting;
5 (c) the apportionment of income, expenditure,
assets and liabilities;
(d) the protection of information;
(e) the conduct of officers of the corporation;
and
10 (f) controls and procedures, and the conferral
of functions on a specified person, to ensure
that any required segregation is effective.
".
24. Section 62 amended
15 (1) Section 62(2)(a) is amended as follows:
(a) in subparagraph (i) by inserting after "electricity" --
" within the South West interconnected system ";
(b) by deleting subparagraphs (ii) and (iii) and inserting
instead --
20 "
(ii) the transmission and distribution of electricity
within the South West interconnected system;
(iii) the sale of electricity within the South West
interconnected system;
25 ".
(2) After section 62(2) the following subsection is inserted --
"
(2a) In subsection (2) --
"South West interconnected system" has the
30 meaning given to that term in section 3 of the
Electricity Industry Act 2004.
".
page 11
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 2 Electricity Act 1945 amended
s. 25
25. Section 66 amended
Section 66(1) is amended as follows:
(a) by deleting "generally";
(b) by inserting after "functions" --
5 "
, either generally or in relation to a particular
matter,
".
26. Section 95A inserted
10 After section 95 the following section is inserted --
"
95A. Phasing-out of operation of access and procurement
provisions
(1) The Minister may, by instrument published in the
15 Government Gazette, declare that a specified relevant
provision does not have effect on and after a specified
day, and a declaration so made has effect accordingly.
(2) A declaration is not to be made in respect of a relevant
provision unless the Minister is of the opinion that the
20 matters to which the relevant provision relates are
adequately dealt with, or will be adequately dealt with
on and after the specified day, under --
(a) Part 8 of the Electricity Industry Act 2004 and
the Code established under that Part; or
25 (b) Part 9 of the Electricity Industry Act 2004 and
the regulations made and market rules
established under that Part.
(3) A declaration is not to be made after the expiration of
the period of 2 years beginning on the day of the
30 insertion of subsection (1) into this Act by the
Electricity Legislation Amendment Act 2004.
page 12
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 3
s. 27
(4) Regulations made under section 100 may --
(a) repeal any specified provision that has ceased
to have effect because of a declaration;
(b) effect any repeal of or amendment to any other
5 provision of this Part or Schedule 5, 6 or 7 that
is consequential on a repeal referred to in
paragraph (a); and
(c) prescribe any matter that it is necessary or
convenient to prescribe for transitional or
10 savings purposes in relation to a declaration or
in relation to a repeal or amendment referred to
in paragraph (a) or (b).
(5) In this section --
"declaration" means a declaration made under
15 subsection (1);
"relevant provision" means any of section 90, 91, 92
or 93 or Schedule 5, 6 or 7, or any portion of any
of those sections or Schedules;
"specified" means specified in the declaration.
20 ".
Division 3 -- Electricity Industry Act 2004 amended
27. The Act amended
The amendments in this Division are to the Electricity Industry
Act 2004*.
25 [* Act No. 5 of 2004.]
page 13
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 3 Electricity Act 1945 amended
s. 28
28. Part 2 Division 7 heading amended
(1) The heading to Part 2 Division 7 is amended by deleting "Other
functions of the Authority" and inserting instead --
"
5 Administration and monitoring of licensing scheme and issue
of codes
".
29. Section 39 amended
(1) Section 39(1) is amended by deleting "The" and inserting
10 instead --
" Subject to subsection (2b), the ".
(2) After section 39(2) the following subsections are inserted --
"
(2a) If the Authority has not prepared and issued a code in
15 respect of a code matter the Minister may --
(a) prepare and issue a code in respect of that code
matter; or
(b) by notice published in the Government Gazette,
declare that the Minister proposes to prepare and
20 issue a code in respect of that code matter.
(2b) If --
(a) a code prepared and issued by the Minister; or
(b) a declaration under subsection (2a)(b),
is in force in respect of a code matter, the Authority
25 cannot issue a code in respect of that code matter.
(2c) In subsections (2a) and (2b) --
"code matter" means --
(a) the matter mentioned in subsection (2)(a);
(b) the matter mentioned in subsection (2)(b);
page 14
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 3
s. 30
(c) the matter mentioned in subsection (2)(d); or
(d) a matter referred to in subsection (2)(e).
".
30. Section 79 amended
5 Section 79(2)(c) is amended by deleting "customers; and" and
inserting instead --
"
customers and providing for compensation payments to
be made to customers when standards of conduct are not
10 met; and
".
31. Section 89A inserted
After section 89 the following section is inserted --
"
15 89A. Regulations may modify application or
operation of enactments to facilitate operation
of code
The regulations may provide that a prescribed
enactment --
20 (a) does not apply in relation to the supply and
marketing of electricity to customers;
(b) does not apply in relation to the supply and
marketing of electricity to customers to the
extent prescribed;
25 (c) does not apply in relation to the supply and
marketing of electricity to customers to the
extent that the enactment is inconsistent
with the code; or
page 15
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 3 Electricity Act 1945 amended
s. 32
(d) applies in relation to the supply and
marketing of electricity to customers with
such modifications as are prescribed.
".
5 32. Section 103 amended
Section 103 is amended by deleting the definition of "access"
and inserting instead --
"
"access", in relation to services, has a meaning corresponding
10 with the meaning that it has when used in that context in
the Trade Practices Act 1974 of the Commonwealth;
".
33. Section 104 amended
Section 104(2) is amended as follows:
15 (a) in paragraph (l), by deleting "metering and other";
(b) by deleting paragraph (m).
34. Section 106 amended
Section 106(2) is amended by inserting after "agreement" --
" or an enactment ".
20 35. Section 115 amended
(1) Section 115(1) is amended as follows:
(a) by inserting before "must" --
" , or an associate of the network service provider, ";
(b) by deleting "aimed at" and inserting instead --
25 " for the purpose of ";
(c) after paragraph (c), by inserting --
"
Penalty: $100 000.
Daily penalty: $20 000.
30 ".
page 16
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Electricity Act 1945 amended Division 3
s. 35
(2) Section 115(2) is amended as follows:
(a) by inserting before "must" --
" , or an associate of the person, ";
(b) by deleting "aimed at" and inserting instead --
5 " for the purpose of ".
(3) Section 115(3) is repealed (but not the penalties after it).
(4) At the end of section 115 the following subsections are
inserted --
"
10 (3) Without limiting subsection (1) or (2) --
(a) a person is taken to engage in conduct
for a particular purpose if --
(i) the conduct is or was engaged
in for purposes that include, or
15 included, that purpose; and
(ii) that purpose is or was a
substantial purpose;
(b) a person may be taken to have engaged
in conduct for a particular purpose even
20 though, after all the evidence has been
considered, the existence of that purpose
is ascertainable only by inference from
the conduct of the person or of any other
person or from other relevant
25 circumstances.
(4) In this section --
(a) a reference to engaging in conduct is a
reference to doing or refusing to do any
act and includes a reference to --
30 (i) making a contract or
arrangement or giving effect to
page 17
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 3 Electricity Act 1945 amended
s. 36
a provision of a contract or
arrangement;
(ii) arriving at an understanding or
giving effect to a provision of
5 an understanding; or
(iii) requiring a covenant to be
given or giving a covenant;
(b) a reference to refusing to do an act
includes a reference to --
10 (i) refraining (otherwise than
inadvertently) from doing the
act; or
(ii) making it known that the act
will not be done.
15 (5) Subsection (1) or (2) does not apply to conduct
in which a person engaged in accordance with
an agreement, if the agreement was in force on
30 March 1995.
(6) In this section --
20 "associate", in relation to a person, has the
meaning it would have under Part 1.2
Division 2 of the Corporations Act
2001 of the Commonwealth if
sections 13, 14, 16(2) and 17 of that
25 Act were repealed.
".
36. Schedule 1 amended
Schedule 1 item (k) is amended as follows:
(a) by inserting before "under" --
30 " or the Minister ";
(b) by deleting "Authority;" and inserting instead --
" Authority or the Minister, as the case may be; ".
page 18
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Energy Operators (Powers) Act 1979 amended Division 4
s. 37
Division 4 -- Energy Operators (Powers) Act 1979 amended
37. The Act amended
The amendments in this Division are to the Energy Operators
(Powers) Act 1979*.
5 [* Reprinted as at 15 September 2000.
For subsequent amendments see Act No. 53 of 2003.]
38. Long title amended
The long title is amended by deleting "the Western Power
Corporation and certain other" and inserting instead --
10 " energy ".
39. Section 4 amended
(1) In section 4(1) the following definition is inserted in the
appropriate alphabetical position --
"
15 "electricity corporation" means Western Power
Corporation or a body corporate that is a
subsidiary, as defined in section 3 of the
Electricity Corporation Act 1994, of
Western Power Corporation;
20 ".
(2) In section 4(1) the definition of "energy operator" is deleted and
the following definition is inserted instead --
"
"energy operator" means an electricity corporation
25 or --
(a) in a prescribed provision as defined in
section 45(1) of the Electricity Industry
Act 2004, a person referred to in that
section includes in a reference in that
page 19
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 4 Energy Operators (Powers) Act 1979 amended
s. 40
prescribed provision to an energy
operator;
(b) in a provision of this Act referred to in
Schedule 2 Part 1 or 2 of the Energy
5 Coordination Act 1994, a person
referred to in section 11ZO of that Act
includes in a reference in that provision
to an energy operator; and
(c) in a provision to which paragraphs (a)
10 and (b) both apply, a person referred to
in either of those paragraphs;
".
(3) In section 4(1) the definitions of "concessionaire" and "linking-
up scheme" are deleted.
15 40. Section 38 amended
Section 38(5) is amended by deleting "or deemed to be vested in
an energy operator pursuant to section 44".
41. Section 43 amended
(1) After section 43(1) the following subsection is inserted --
20 "
(1aa) Where any works or other things are or have been
placed upon, in, over or under any land by a person
under an agreement or arrangement --
(a) entered into by the energy operator in the
25 performance or purported performance of its
functions; and
(b) under which the property in those works or
other things is to pass to the energy operator on
the occurrence of an event specified in the
30 agreement or arrangement (the "transfer
event"),
page 20
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Energy Operators (Powers) Act 1979 amended Division 4
s. 42
those works or other things shall be taken to have been
lawfully so placed and, on and from the transfer event
are, and shall at all times continue to be, the property of
the energy operator, unless the energy operator has
5 otherwise specified or may otherwise determine, and
the energy operator shall be taken to have a right of
access to them for the purposes of the performance of
its functions.
".
10 (2) Section 43(2) is amended by inserting after "(1)" --
" or (1aa) ".
42. Section 45 amended
Section 45(4)(b) is amended by deleting "in the case of the
Western Power Corporation,".
15 43. Section 46 amended
Section 46(12) is amended as follows:
(a) by inserting after "energy operator" where it first
occurs --
"
20 responsible for the operation of existing
distribution works
";
(b) by deleting "existing distribution" and inserting
instead --
25 " those ".
page 21
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 4 Energy Operators (Powers) Act 1979 amended
s. 44
44. Section 57 amended
(1) Section 57(1) is repealed and the following subsections are
inserted instead --
"
5 (1) In this section --
"distribution system" means distribution works and
service apparatus pertaining to distribution works;
"system emergency" means any event or circumstance
arising or reasonably expected to arise in relation
10 to any distribution system --
(a) by reason of which the ability of the operator
of the distribution system to maintain a supply
of energy from the distribution system is, or
may reasonably be expected to be, affected
15 (and for the purposes of this section a reference
to a distribution system is taken to extend to
any act, matter or thing which affects, or in the
opinion of the operator or the Minister may
affect, the supply of energy or the obtaining or
20 manner of delivery of any energy or energy
resource);
(b) by reason of which --
(i) any life or property is or may be
endangered;
25 (ii) the normal operation of the whole or
any part of the distribution system has
been, or may be, or should be
interrupted, curtailed or terminated;
or
30 (iii) the capacity of the distribution system
is for any reason insufficient to satisfy
any demand or anticipated demand by
supply in the normal manner;
and
page 22
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Energy Operators (Powers) Act 1979 amended Division 4
s. 44
(c) which, in the opinion of the operator of the
distribution system, requires the immediate
exercise of the powers conferred by
subsection (2) or which, in the opinion of the
5 operator or the Minister, requires the
exercise of the powers conferred by
subsection (3).
(1a) If a system emergency exists in relation to a
distribution system, the operator of the distribution
10 system is to notify the Minister of the system
emergency as soon as practicable after becoming aware
of it.
".
(2) Section 57(2) is amended as follows:
15 (a) by deleting "any superior officer or to the corporation"
and inserting instead --
" the Minister ";
(b) by deleting "then an officer or servant of the
corporation" and inserting instead --
20 " the operator of the distribution system ";
(c) by deleting "him", in both places where it occurs, and
"he" and inserting instead --
" it ".
(3) Section 57(3) is amended as follows:
25 (a) in paragraph (a) by deleting "corporation may, as it
seems fit and the circumstances shall reasonably allow,
make such order as the corporation" and inserting
instead --
" Minister may make any order that the Minister ";
30 (b) after paragraph (a)(i) by inserting --
" and ";
(c) after paragraph (a)(ii) by deleting "and";
page 23
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 4 Energy Operators (Powers) Act 1979 amended
s. 44
(d) by deleting paragraph (a)(iii) and "and" below it;
(e) in paragraph (b) by deleting "the corporation", in both
places where it occurs, and "it" and inserting instead --
" the Minister ";
5 (f) after paragraph (b) by deleting the full stop and inserting
instead --
"
; and
(c) the Minister may by order delegate, either
10 generally or specifically, to an energy operator
any power of the Minister under this section.
".
(4) After section 57(3) the following subsections are inserted --
"
15 (3a) An energy operator to whom a power is delegated
under subsection (3)(c) cannot delegate that power but
can perform it through a member of its staff or an
agent.
(3b) An energy operator exercising a power that has been
20 delegated to it under subsection (3)(c) is to be taken to
do so in accordance with the terms of the delegation
unless the contrary is shown.
".
(5) Section 57(6) is amended by deleting "corporation" and
25 inserting instead --
" Minister ".
(6) Section 57(8) is amended as follows:
(a) by deleting "corporation" in the first place where it
occurs and inserting instead --
30 " operator of a distribution system ";
page 24
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Energy Operators (Powers) Act 1979 amended Division 4
s. 44
(b) by deleting "corporation" in each other place where it
occurs and inserting instead --
" operator ".
(7) Section 57(9) is repealed and the following subsections are
5 inserted instead --
"
(9) While a system emergency exists and for so long
afterwards as the circumstances reasonably require, a
person given powers by this section may, without
10 notice and without any warrant other than this
subsection, immediately enter onto or into any land,
premises or thing if it is necessary to do so to exercise
any of those powers.
(9a) Any question as to what is a necessary entry may be
15 determined by the person exercising the power of
entry, and in any proceedings the question is to be
presumed, in the absence of evidence to the contrary, to
have been determined in good faith.
(9b) A person exercising a power of entry given by this
20 section is required, as soon as practicable, to --
(a) remove or cause to be removed any machinery,
equipment or other thing that the person
brought or caused to be brought onto or into the
land, premises, or thing for the purpose for
25 which entry was made; and
(b) make good any physical damage caused in the
course of exercising the powers for the
purposes of which entry was made, or pay
compensation or effect restoration,
30 rehabilitation or restitution.
(9c) If entry is effected under this section for the purpose of
exercising powers under subsection (3), the Minister
may recover as a debt from the operator of the
distribution system concerned the costs of any
page 25
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 4 Energy Operators (Powers) Act 1979 amended
s. 45
expenses incurred in dealing with the system
emergency, including any expenses incurred in
complying with obligations under subsection (9b).
(9d) While an order under subsection (3) is in force, any
5 person authorised by the Minister in writing to do so
may, without prior notice, enter premises supplied with
energy of the kind to which the order relates and there
make any search or examination necessary to
determine whether the order is, in respect of those
10 premises, being contravened in any respect.
(9e) Without limiting anything in this section, the Minister
may do anything the Minister considers necessary to
prevent the occurrence of a system emergency.
".
15 (8) Section 57(10) is amended as follows:
(a) in paragraph (a) by deleting "the corporation or any
officer or servant of the corporation" and inserting
instead --
" a person ";
20 (b) in paragraph (a) of the penalty by deleting "$1 000" and
inserting instead --
" $5 000 ";
(c) in paragraph (b) of the penalty by deleting "$10 000"
and inserting instead --
25 " $50 000 ".
Note: The heading to section 57 will be altered by deleting "Supply" and
inserting "Distribution" instead.
45. Section 123 amended
(1) Section 123(1) is amended by deleting "or to facilitate the
30 operation of the Electricity Corporation".
page 26
Electricity Legislation Amendment Bill 2003
General Amendments Part 2
Energy Operators (Powers) Act 1979 amended Division 4
s. 46
(2) Section 123(3)(a) is amended by deleting "the Electricity
Corporation" and inserting instead --
" an electricity corporation ".
46. Section 124 amended
5 (1) Section 124(1) is amended as follows:
(a) by deleting "Electricity" and inserting instead --
" Western Power ";
(b) by deleting "its functions" and inserting instead --
" the functions of an electricity corporation ".
10 (2) Section 124(1a) is amended by deleting "energy, or the supply
of energy, of a kind which is within the corporation's functions"
and inserting instead --
" electricity ".
(3) Section 124(4) is amended:
15 (a) by deleting "the corporation" in paragraphs (a), (b),
(d)(i), (d)(ia), (d)(vii), (d)(xi), (e), (k), (n) and (p) and in
the first place where it occurs in paragraphs (d)(iaa), (h),
(j) and (o) and inserting instead --
" an electricity corporation ";
20 (b) in paragraph (d)(iaa) by deleting "the corporation" in the
second and third places where it occurs and inserting
instead --
" the electricity corporation ";
(c) in paragraphs (h), (j) and (o) by deleting "the
25 corporation" in the second place where it occurs and
inserting instead --
" the electricity corporation ".
(4) Section 124(5) is amended by deleting "corporation" in both
places where it occurs and inserting instead --
30 " Western Power Corporation ".
page 27
Electricity Legislation Amendment Bill 2003
Part 2 General Amendments
Division 5 Parliamentary Commissioner Act 1971 amended
s. 47
Division 5 -- Parliamentary Commissioner Act 1971 amended
47. The Act amended
The amendments in this Division are to the Parliamentary
Commissioner Act 1971*.
5 [* Reprinted as at 16 March 2001.
For subsequent amendments see Acts Nos. 35 and 53 of
2003.]
48. Section 34 amended
(1) Section 34(1) is amended as follows:
10 (a) by deleting "of the gas industry" and inserting
instead --
" of an energy ";
(b) in paragraph (a), by deleting "gas industry".
(2) Section 34(4) is amended by deleting "the gas industry" and
15 inserting instead --
" that energy ".
(3) Section 34(7) is repealed and the following subsection is
inserted instead --
"
20 (7) In this section --
"energy ombudsman scheme" means a scheme
approved under section 11ZPZ of the Energy
Coordination Act 1994 or section 92 of the
Electricity Industry Act 2004;
25 "governing body" of an energy ombudsman scheme
means the entity responsible for the operation of
the scheme.
".
page 28
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