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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Economic Regulation Authority Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Definitions 2
Part 2 -- Economic Regulation
Authority
4. Economic Regulation Authority established 4
5. Status 4
6. Management of Authority 4
7. Members 4
8. Term of office 5
9. Casual vacancy 5
10. Alternate chairman 6
11. Alternate members 7
12. Remuneration and conditions of members 7
13. Meetings of governing body 8
Part 3 -- Administration
Division 1 -- Chief employee
14. Chief employee 9
15. Term of office 9
16. Casual vacancy 9
17. Remuneration and conditions of chief employee 10
18. Appointment of public service officer 10
Division 2 -- Other staff and facilities
19. Other staff 11
20. Use of government staff and facilities 11
170--2 page i
Economic Regulation Authority Bill 2002
Contents
Division 3 -- Financial provisions
21. Bank account 12
22. Borrowing from Treasurer 13
23. Application of Financial Administration and Audit
Act 1985 13
24. Separate financial records 14
Part 4 -- Functions of Authority
25. Functions 15
26. Authority to have regard to certain matters 15
27. Powers 16
28. Independence of Authority 16
29. Delegation 17
30. Conflict of interest 18
Part 5 -- References
Division 1 -- References on regulated industries
31. Definition 19
32. References 19
33. Amendment or withdrawal of reference 20
34. Notice of reference, amendment or withdrawal 20
35. Authority to conduct inquiry 21
36. Reports 21
Division 2 -- References on other industries
37. Definition 21
38. References 21
39. Amendment or withdrawal of reference 22
40. Notice of reference, amendment or withdrawal 22
41. Authority to conduct inquiry 22
42. Reports 22
43. Preparation of reports for purposes of section 42(2) 23
Division 3 -- General
44. Definition 23
45. Authority to act through a member or members when
conducting inquiry 23
46. Conduct of inquiry 24
47. Powers relating to inquiry 24
48. Offences in relation to inquiry 25
49. Incriminating answers or documents 26
50. Protection for person assisting Authority 26
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Economic Regulation Authority Bill 2002
Contents
Part 6 -- Collection and use of
information
51. Power to obtain information and documents 27
52. Offences 27
53. Incriminating information or documents 28
54. Protection for person giving information or document 28
55. Restriction on disclosure of confidential information 28
Part 7 -- Miscellaneous
56. Protection from liability for wrongdoing 30
57. Confidentiality 30
58. Intimidation 31
59. Execution of documents 31
60. Supplementary provision about laying documents
before Parliament 32
61. Regulations 33
62. Amendments to other Acts 33
63. Transitional and saving provisions 33
64. Review of Act 34
Schedule 1 -- Meetings of governing
body 36
1. Definition 36
2. Application 36
3. General procedure 36
4. Presiding member 36
5. Quorum 36
6. Voting 36
7. Minutes 37
8. Resolution without meeting 37
9. Holding meetings remotely 37
10. Leave of absence from meetings 37
Schedule 2 -- Amendments to other
Acts 38
Division 1 -- Builders' Registration Act 1939 38
1. The Act amended 38
2. Section 12A amended 38
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Economic Regulation Authority Bill 2002
Contents
Division 2 -- Conservation and Land Management
Act 1984 38
3. The Act amended 38
4. Section 53 amended 38
Division 3 -- Constitution Acts Amendment Act 1899 38
5. The Act amended 38
6. Schedule V amended 39
Division 4 -- Energy Coordination Act 1994 39
7. The Act amended 39
8. Long title amended 39
9. Section 3 amended 40
10. Section 6 amended 40
11. Section 7 amended 40
12. Section 10 amended 40
13. Part 2A Division 1A inserted 40
14. Section 11H amended 41
15. Section 11K amended 41
16. Section 11S amended 41
17. Section 11U amended 41
18. Section 11WA inserted 41
19. Section 11ZA amended 42
20. Section 11ZC amended 42
21. Section 11ZG repealed 42
22. Schedule 1 amended 42
23. Various references to "Coordinator" changed to
"Authority" 43
24. Various references to "Minister" changed to
"Authority" 43
Division 5 -- Financial Administration and Audit
Act 1985 43
25. The Act amended 43
26. Schedule 1 amended 44
Division 6 -- Fire Brigades Act 1942 44
27. The Act amended 44
28. Section 54 amended 44
Division 7 -- Freedom of Information Act 1992 44
29. The Act amended 44
30. Glossary amended 45
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Economic Regulation Authority Bill 2002
Contents
Division 8 -- Gas Pipelines Access (Western
Australia) Act 1998 46
31. The Act amended 46
32. Long title amended 46
33. Section 11 amended 46
34. Section 19 amended 46
35. Part 6 Division 1 Subdivision 1 heading deleted 47
36. Section 26 amended 47
37. Part 6 Division 1 Subdivision 2 repealed 47
38. Part 6 Division 1 Subdivision 3 heading deleted 47
39. Section 36 amended 47
40. Section 37 repealed 47
41. Section 38 amended 48
42. Sections 39, 40 and 41 repealed 48
43. Part 6 Division 1 Subdivisions 4, 5 and 6 repealed 48
44. Section 76 amended 48
45. Section 87 amended 48
Division 9 -- Metropolitan Water Authority Act 1982 48
46. The Act amended 48
47. Section 4 amended 48
48. Section 5 amended 48
Division 10 -- Parliamentary Commissioner Act 1971 49
49. The Act amended 49
50. Schedule 1 amended 49
Division 11 -- Public Sector Management Act 1994 49
51. The Act amended 49
52. Schedule 2 amended 50
Division 12 -- Railways (Access) Act 1998 50
53. The Act amended 50
54. Long title amended 50
55. Section 3 amended 50
56. Part 3 Division 1 repealed 50
57. Part 3 Division 2 heading deleted 50
58. Section 20 amended 51
59. Sections 20A, 20B and 20C repealed 51
60. Section 22 amended 51
61. Section 22B amended 51
62. Section 22C amended 51
63. Section 23 amended 52
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Economic Regulation Authority Bill 2002
Contents
64. Part 3 Divisions 3, 4 and 5 repealed 52
Division 13 -- Rights in Water and Irrigation
Act 1914 52
65. The Act amended 52
66. Section 26GZJ amended 52
67. Section 26GZP amended 52
68. Section 27 amended 53
69. Schedule 1 amended 53
Division 14 -- Swan River Trust Act 1988 53
70. The Act amended 53
71. Section 12 amended 53
Division 15 -- Water Agencies (Powers) Act 1984 54
72. The Act amended 54
73. Long title amended 54
74. Section 3 amended 54
75. Section 34 amended 54
76. Section 38 amended 54
77. Section 65 amended 54
78. Section 66 amended 55
79. Section 82 amended 55
Division 16 -- Water Boards Act 1904 55
80. The Act amended 55
81. Section 3 amended 55
82. Section 3A amended 55
83. Section 5 amended 55
84. Section 110 amended 56
Division 17 -- Water Corporation Act 1995 56
85. The Act amended 56
86. Section 27 amended 56
87. Section 91 amended 56
Division 18 -- Water Services Coordination Act 1995 57
88. The Act amended 57
89. Long title amended 57
90. Section 1 amended 57
91. Section 3 amended 57
92. Part 2 replaced 58
93. Section 19 amended 59
94. Section 23 replaced 60
95. Section 27 amended 60
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Economic Regulation Authority Bill 2002
Contents
96. Section 28 amended 60
97. Section 30 replaced 61
98. Section 31 amended 62
99. Sections 31A and 31B inserted 62
100. Section 33 amended 63
101. Section 37 amended 63
102. Section 40 amended 63
103. Section 43 repealed 63
104. Section 44 amended 63
105. Section 47 amended 64
106. Section 53 amended 64
107. Part 5 repealed 64
108. Section 59B amended 64
109. Section 60 repealed 64
110. Section 60A amended 64
111. Section 60B amended 64
112. Section 62 amended 65
113. Schedule 1 amended 65
114. Various references to "Coordinator" changed to
"Authority" 65
115. Various references to "Minister" changed to
"Authority" 66
Division 19 -- Western Australian Planning
Commission Act 1985 66
116. The Act amended 66
117. Section 19 amended 67
Schedule 3 -- Transitional and saving
provisions for amendments in
Schedule 2 Divisions 8, 12 and 18 68
1. Definitions 68
2. Interpretation Act 1984 to apply 68
3. Decisions of Gas Pipelines Access Regulator 68
4. Decisions of Rail Access Regulator 69
5. Licences under Part 3 of the Water Services
Coordination Act 1995 69
6. Continuing effect of things done 69
7. Completion of things begun 69
8. Proceedings etc. 69
9. Records 70
page vii
Economic Regulation Authority Bill 2002
Contents
10. Bank accounts 70
11. References to former official in agreements and
instruments 70
12. References to former official in written law 70
13. Immunity to continue 71
14. Saving 71
Schedule 4 -- Transitional and saving
provisions for amendments in
Schedule 2 Division 4 72
1. Definitions 72
2. Interpretation Act 1984 to apply 72
3. Licences under Part 2A 72
4. Continuing effect of things done 72
5. Completion of things begun 72
6. Proceedings etc. 73
7. Records 73
8. References to Coordinator in agreements and
instruments 73
9. References to Coordinator in written law 73
10. Immunity to continue 74
11. Saving 74
Defined Terms
page viii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Economic Regulation Authority Bill 2002
A Bill for
An Act to establish the Economic Regulation Authority with inquiry,
reporting, access regulation, licensing and other functions in respect
of certain industries, to make consequential and other amendments
to various Acts, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Economic Regulation Authority Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Economic Regulation Authority
Act 2002.
5 2. Commencement
(1) Except as stated in subsection (3), this Act comes into operation
on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
10 (3) Sections 25(b) and 63(2) and Schedule 4 come into operation on
the day on which Schedule 2 Division 4 comes into operation.
3. Definitions
In this Act, unless the contrary intention appears --
"Authority" means the Economic Regulation Authority
15 established by section 4(1);
"chairman" means the person appointed under section 6(1)(a)
and includes an alternate chairman appointed under
section 10;
"chief employee" means the chief employee of the Authority
20 under section 14;
"functions", in relation to the Authority, means its functions
under this Act or any other written law;
"governing body" means the governing body of the Authority
referred to in section 6;
25 "member" means a member of the governing body and
includes an alternate member appointed under section 11;
"price" means any charge, fee, rate, tariff, or other valuable
consideration (however described), but does not include --
(a) any local government rate or charge; or
page 2
Economic Regulation Authority Bill 2002
Preliminary Part 1
s. 3
(b) any stamp duty, land tax, pay-roll tax, or other duty
or tax payable under a written law;
"public sector employee" means an employee as defined in
section 3(1) of the Public Sector Management Act 1994;
5 "regulated industry" means --
(a) the electricity industry;
(b) the gas industry;
(c) the rail industry;
(d) the water industry; or
10 (e) any other industry prescribed for the purposes of this
definition;
"staff member" means --
(a) the chief employee;
(b) a public service officer referred to in section 19;
15 (c) an officer or employee referred to in section 20(1); or
(d) a person engaged or appointed under section 100 of
the Public Sector Management Act 1994 for the
purposes of the Authority.
page 3
Economic Regulation Authority Bill 2002
Part 2 Economic Regulation Authority
s. 4
Part 2 -- Economic Regulation Authority
4. Economic Regulation Authority established
(1) A body called the Economic Regulation Authority is
established.
5 (2) The Authority is a body corporate with perpetual succession.
(3) Proceedings may be taken by or against the Authority in its
corporate name.
5. Status
The Authority is an agent of the State and has the status,
10 immunities and privileges of the State.
6. Management of Authority
(1) The Authority is to have a governing body consisting of --
(a) one member appointed as the chairman of the governing
body; and
15 (b) such other members, if any, as the Governor considers
necessary for the proper performance of the Authority's
functions.
(2) The governing body, in the name of the Authority, is to
determine the policies of, control the affairs of, and otherwise
20 perform the functions of, the Authority.
7. Members
(1) The members are to be appointed by the Governor on the
nomination of the Minister and are to be persons who, in the
opinion of the Minister, have knowledge or experience relevant
25 to the functions of the Authority in industry, commerce,
economics, law, public administration or consumer advocacy.
(2) A person cannot be appointed or hold office as a member if the
person is a public sector employee.
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Economic Regulation Authority Bill 2002
Economic Regulation Authority Part 2
s. 8
(3) The chairman must be appointed on a full-time basis.
(4) A member other than the chairman need not be appointed on a
full-time basis.
8. Term of office
5 (1) The term for which a person is appointed to be a member must
be fixed in the instrument of appointment and must be not more
than 5 years.
(2) A person's eligibility for reappointment or the term for which a
person may be reappointed is not affected by an earlier
10 appointment.
(3) A person whose term of office expires may continue to perform
the functions of the office for not more than 3 months after the
term of office expires until another appointment to the office
comes into effect unless the Minister, by notice in writing given
15 to the person, otherwise directs.
9. Casual vacancy
(1) A member may resign from office by notice in writing given to
the Minister.
(2) The Governor may remove a person who is a member from
20 office on the grounds of --
(a) mental or physical incapacity to carry out the person's
duties in a satisfactory manner;
(b) the person being an insolvent under administration
within the meaning of that term in the Corporations
25 Act 2001 of the Commonwealth;
(c) neglect of duty;
(d) misconduct;
(e) incompetence; or
page 5
Economic Regulation Authority Bill 2002
Part 2 Economic Regulation Authority
s. 10
(f) the person's absence, without leave or reasonable
excuse, from 3 consecutive meetings of the governing
body of which the person had notice.
(3) If, before the term of office for which a person was appointed as
5 a member expires, the person dies, resigns, becomes a public
sector employee, or is removed from office, the office becomes
vacant.
10. Alternate chairman
(1) If the chairman is unable to act because of sickness, absence,
10 disqualification under section 30(2) or other cause, or if there is
no chairman, the Governor may appoint a person nominated by
the Minister as the alternate chairman to act in the chairman's
place.
(2) A person can only be nominated for the purposes of
15 subsection (1) if, in the opinion of the Minister, the person has
knowledge or experience of the kind described in section 7(1).
(3) A person who is a public sector employee can be appointed as
the alternate chairman.
(4) The alternate chairman need not be appointed on a full-time
20 basis.
(5) If the chairman is disqualified under section 30(2) in relation to
a matter, the alternate chairman may perform functions of the
chairman in relation to that matter even though the chairman is
at the same time performing functions in relation to another
25 matter.
(6) While acting in accordance with the appointment the alternate
chairman is to be taken to be the chairman.
(7) An act or omission of the alternate chairman cannot be
questioned on the ground that the occasion for the alternate
30 chairman's appointment or acting had not arisen or had ceased.
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Economic Regulation Authority Bill 2002
Economic Regulation Authority Part 2
s. 11
(8) The appointment of a person as the alternate chairman may be
terminated at any time by the Governor.
11. Alternate members
(1) If a member, other than the chairman, is unable to act because
5 of sickness, absence, disqualification under section 30(2) or
other cause, the Governor may appoint a person nominated by
the Minister as an alternate member to act in the member's
place.
(2) A person can only be nominated for the purposes of
10 subsection (1) if, in the opinion of the Minister, the person has
knowledge or experience of the kind described in section 7(1).
(3) A person who is a public sector employee can be appointed as
an alternate member.
(4) If a member is disqualified under section 30(2) in relation to a
15 matter, an alternate member may perform functions of the
member in relation to that matter even though the member is at
the same time performing functions in relation to another
matter.
(5) While acting in accordance with the appointment the alternate
20 member is to be taken to be a member.
(6) An act or omission of an alternate member cannot be questioned
on the ground that the occasion for the alternate member's
appointment or acting had not arisen or had ceased.
(7) The appointment of a person as an alternate member may be
25 terminated at any time by the Governor.
12. Remuneration and conditions of members
(1) The remuneration and allowances and other conditions of office
of a member are to be determined by the Governor on the
recommendation of the Minister for Public Sector Management.
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Economic Regulation Authority Bill 2002
Part 2 Economic Regulation Authority
s. 13
(2) Subsection (1) has effect subject to the Salaries and Allowances
Act 1975 if that Act applies to the member.
(3) The remuneration and allowances and conditions of office of a
member must not be varied while the member is in office so as
5 to become less favourable to the member.
13. Meetings of governing body
Schedule 1 has effect with respect to meetings of the governing
body.
page 8
Economic Regulation Authority Bill 2002
Administration Part 3
Chief employee Division 1
s. 14
Part 3 -- Administration
Division 1 -- Chief employee
14. Chief employee
(1) Despite section 44(1) of the Public Sector Management
5 Act 1994, the Authority is to have a chief employee.
(2) The chief employee is to be appointed by the Authority.
(3) The chief employee is not, and is not to become, a member of
the Senior Executive Service within the meaning of the Public
Sector Management Act 1994.
10 (4) For the purposes of paragraph (b) of the definition of
"employing authority" in section 5(1) of the Public Sector
Management Act 1994, the governing body is the employer of
the chief employee.
(5) The chief employee is responsible for, and has the powers
15 needed to administer, the day to day operations of the Authority,
but is to comply with any directions given by the governing
body.
15. Term of office
(1) The term for which a person is appointed to be the chief
20 employee is to be fixed in the instrument of appointment and is
to be not longer than 5 years.
(2) A person's eligibility for reappointment or the term for which a
person may be reappointed is not affected by an earlier
appointment.
25 16. Casual vacancy
(1) The chief employee may resign from office by notice in writing
given to the chairman.
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Economic Regulation Authority Bill 2002
Part 3 Administration
Division 1 Chief employee
s. 17
(2) The governing body may remove a person who is the chief
employee from office on the grounds of --
(a) mental or physical incapacity to carry out the person's
duties in a satisfactory manner;
5 (b) the person being an insolvent under administration
within the meaning of that term in the Corporations
Act 2001 of the Commonwealth;
(c) neglect of duty;
(d) misconduct; or
10 (e) incompetence.
(3) If, before the term of office for which a person was appointed as
chief employee expires, the person dies, resigns, or is removed
from office, the office becomes vacant.
17. Remuneration and conditions of chief employee
15 (1) The remuneration and allowances and other conditions of office
of the chief employee are to be determined by the Authority.
(2) Subsection (1) has effect subject to the Salaries and Allowances
Act 1975 if that Act applies to the chief employee.
18. Appointment of public service officer
20 (1) In this section --
"public service officer" has the same meaning as it has in the
Public Sector Management Act 1994.
(2) If, immediately before appointment as the chief employee, a
person was a public service officer, the person --
25 (a) retains existing and accruing rights as if service as the
chief employee were a continuation of service as a
public service officer; and
(b) is entitled, if the term of office for which the person was
appointed as chief employee expires and the person is
30 not reappointed, to be appointed to an office in the
page 10
Economic Regulation Authority Bill 2002
Administration Part 3
Other staff and facilities Division 2
s. 19
Public Service not lower in status than the office
occupied by the person before being appointed as chief
employee.
(3) If a person ceases to be the chief employee and becomes a
5 public service officer, the person's service as the chief
employee is to be regarded as service in the Public Service for
the purposes of determining the person's rights as a public
service officer.
Division 2 -- Other staff and facilities
10 19. Other staff
Public service officers are to be appointed or made available
under Part 3 of the Public Sector Management Act 1994 to
enable the Authority to perform its functions.
20. Use of government staff and facilities
15 (1) The Authority may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
officer or employee --
(a) in the Public Service;
(b) in a State agency or instrumentality; or
20 (c) otherwise in the service of the Crown in right of the
State,
other than an officer or employee of a party to an access
agreement or of a relevant entity.
(2) The Authority may by arrangement with --
25 (a) a department of the Public Service that is not a party to
an access agreement; or
(b) a State agency or instrumentality that is not a party to an
access agreement or a relevant entity,
make use of any facilities of the department, agency or
30 instrumentality.
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Economic Regulation Authority Bill 2002
Part 3 Administration
Division 3 Financial provisions
s. 21
(3) An arrangement under subsection (1) is to provide, without
limiting its other provisions, that while the Authority is making
use of the services of an officer or employee --
(a) the Authority has authority to control and supervise the
5 officer to the exclusion of any person who would
normally have any such authority; and
(b) the salary and allowances of the officer are to be paid
out of money available to the Authority for that purpose.
(4) Subject to subsection (3), an arrangement under subsection (1)
10 or (2) is to be made on terms agreed to by the parties.
(5) In this section --
"access agreement" has the same meaning as it has in the
Railways (Access) Act 1998;
"relevant entity" means --
15 (a) a water board constituted under the Water Boards
Act 1904;
(b) the Water Corporation established by the Water
Corporation Act 1995; or
(c) the Western Power Corporation established by the
20 Electricity Corporation Act 1994.
Division 3 -- Financial provisions
21. Bank account
(1) The Authority is to have an account at a bank approved by the
Treasurer.
25 (2) The account is to be called the "Economic Regulation Authority
Account".
(3) The account is to be --
(a) credited with all funds received by, made available to, or
payable to, the Authority including --
30 (i) money appropriated by Parliament; and
page 12
Economic Regulation Authority Bill 2002
Administration Part 3
Financial provisions Division 3
s. 22
(ii) fees referred to in section 61(2);
and
(b) charged with all expenditure incurred under this Act or
any other written law to enable the functions of the
5 Authority to be performed, including the remuneration
and allowances referred to in section 12 and the salary
and allowances referred to in section 20(3)(b).
22. Borrowing from Treasurer
The Authority may borrow from the Treasurer any amounts
10 approved by the Treasurer on terms and conditions relating to
repayment and payment of interest imposed by the Treasurer.
23. Application of Financial Administration and Audit Act 1985
(1) The provisions of the Financial Administration and Audit
Act 1985 regulating the financial administration, audit and
15 reporting of statutory authorities apply to and in respect of the
Authority and the Authority's operations.
(2) Despite subsection (1), any requirement under the Treasurer's
Instructions (issued under section 58 of the Financial
Administration and Audit Act 1985) that the Authority prepare
20 performance indicators is to be limited to the Authority's
management functions (including financial management), and is
not to apply to the performance of any other function of the
Authority.
(3) Despite subsection (1), section 42 of the Financial
25 Administration and Audit Act 1985 does not apply in respect of
the Authority, but the expenditure that may be incurred to
enable the functions of the Authority under a particular written
law to be performed in any one financial year is limited to the
amount specified by the Minister under this subsection in
30 respect of that written law for that year.
page 13
Economic Regulation Authority Bill 2002
Part 3 Administration
Division 3 Financial provisions
s. 24
24. Separate financial records
Without limiting section 43 of the Financial Administration and
Audit Act 1985, the Authority must cause separate records to be
kept of expenditure incurred in respect of each written law
5 under which it has functions.
page 14
Economic Regulation Authority Bill 2002
Functions of Authority Part 4
s. 25
Part 4 -- Functions of Authority
25. Functions
The functions of the Authority are --
(a) the inquiry, reporting and other functions it is given by
5 this Act;
(b) the functions referred to in section 11AA of the Energy
Coordination Act 1994;
(c) the functions referred to in section 36(1) of the Gas
Pipelines Access (Western Australia) Act 1998;
10 (d) the functions referred to in section 20(1) of the Railways
(Access) Act 1998;
(e) the functions referred to in section 4 of the Water
Services Licensing Act 1995; and
(f) the functions it is given by or under any other
15 enactment.
26. Authority to have regard to certain matters
(1) In performing its functions, other than the functions described in
section 25(d) and (e), the Authority must have regard to --
(a) the need to promote regulatory outcomes that are in the
20 public interest;
(b) the long-term interests of consumers in relation to the
price, quality and reliability of goods and services
provided in relevant markets;
(c) the need to encourage investment in relevant markets;
25 (d) the legitimate business interests of investors and service
providers in relevant markets;
(e) the need to promote competitive and fair market
conduct;
(f) the need to prevent abuse of monopoly or market power;
page 15
Economic Regulation Authority Bill 2002
Part 4 Functions of Authority
s. 27
(g) the need to promote transparent decision-making
processes that involve public consultation.
(2) The Authority has a discretion as to the weight it gives to each
of the matters referred to in subsection (1) in the performance of
5 a particular function.
(3) Nothing in subsection (1) limits a provision of another written
law that requires the Authority, in performing a particular
function, to have regard to, or take into account, particular
objectives, considerations or other matters.
10 (4) If there is any conflict or inconsistency between subsection (1)
and a provision described in subsection (3), the latter provision
prevails to the extent of the conflict or inconsistency.
27. Powers
(1) The Authority may do all things necessary or convenient to be
15 done for or in connection with the performance of its functions.
(2) Without limiting subsection (1), the Authority may produce and
publish information on matters relating to its functions.
28. Independence of Authority
(1) Except as provided in subsection (2), the Authority is
20 independent of direction or control by the State or any Minister
or officer of the State in the performance of the Authority's
functions.
(2) The Minister may give directions in writing to the Authority to
the extent allowed by subsection (3), and the Authority must
25 give effect to any such direction.
(3) Directions under subsection (2) --
(a) can only relate to general policies to be followed by the
Authority in matters of administration, including
financial administration; and
page 16
Economic Regulation Authority Bill 2002
Functions of Authority Part 4
s. 29
(b) cannot constrain the Authority with respect to the
performance of any function referred to in section 36(1)
of the Gas Pipelines Access (Western Australia)
Act 1998 or section 20(1) of the Railways (Access)
5 Act 1998.
(4) Nothing in this section affects the operation of section 8(2) of
the Public Sector Management Act 1994.
(5) Within 14 days after a direction is given under subsection (2),
the Authority --
10 (a) must cause the text of the direction to be published in
the Gazette; and
(b) if the direction relates to a matter of administration
under the Gas Pipelines Access (Western Australia)
Act 1998, must send a copy of the direction to the Code
15 Registrar within the meaning of that Act.
(6) The Minister must cause the text of any direction under
subsection (2) to be laid before each House of Parliament, or
dealt with under section 60, within 14 days after the direction is
given.
20 (7) The text of a direction under subsection (2) must be included in
the annual report submitted by the accountable authority of the
Authority under section 66 of the Financial Administration and
Audit Act 1985.
29. Delegation
25 (1) Subject to subsection (2), the Authority may delegate to a
member or a staff member any power or duty of the Authority
under another provision of this Act or under any other written
law.
(2) The Authority cannot delegate a power or duty of the Authority
30 under section 35, 36, 41 or 42.
(3) A delegation must be in writing executed by the Authority.
page 17
Economic Regulation Authority Bill 2002
Part 4 Functions of Authority
s. 30
(4) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
(5) A person exercising or performing a power or duty that has been
delegated to the person under this section, is to be taken to do so
5 in accordance with the terms of the delegation unless the
contrary is shown.
(6) Nothing in this section limits the ability of the Authority to
perform a function through a staff member or an agent.
30. Conflict of interest
10 (1) A member must inform the Minister in writing of --
(a) any direct or indirect interest that the member has or
acquires in any business, or in any body corporate
carrying on business, in Australia or elsewhere; or
(b) any other direct or indirect interest that the member has
15 or acquires that conflicts or may conflict with the
member's duties.
Penalty: $10 000.
(2) The Minister may --
(a) direct the member to resolve a conflict between a direct
20 or indirect interest and a duty of the member in relation
to a particular matter; and
(b) if the conflict is not resolved to the Minister's
satisfaction, disqualify the member from acting in
relation to the matter.
page 18
Economic Regulation Authority Bill 2002
References Part 5
References on regulated industries Division 1
s. 31
Part 5 -- References
Division 1 -- References on regulated industries
31. Definition
In this Division --
5 "reference" means a notice under section 32(1).
32. References
(1) The Minister may, by written notice, refer to the Authority for
an inquiry any matter relating to a regulated industry other than
a matter governed by the operation of the Gas Pipelines Access
10 (Western Australia) Law or the Code in force under section 4 of
the Railways (Access) Act 1998.
(2) Without limiting subsection (1), the matters that can be referred
to the Authority include --
(a) prices and pricing policy in respect of goods and
15 services provided in the industry concerned;
(b) quality and reliability of goods and services provided in
the industry concerned;
(c) investment and business practices in the industry
concerned; and
20 (d) costs of compliance with written laws that apply to the
industry concerned.
(3) Before referring a matter to the Authority under subsection (1)
the Minister must consult with the Authority.
(4) A reference --
25 (a) must specify the terms of reference for the inquiry;
(b) may require the inquiry to be conducted on an annual or
other periodic basis;
(c) may specify the nature and degree of public consultation
that is to be undertaken for the purposes of the inquiry;
page 19
Economic Regulation Authority Bill 2002
Part 5 References
Division 1 References on regulated industries
s. 33
(d) may specify a period within which the Authority must
submit a report to the Minister under section 36(1); and
(e) may require the Authority to make a draft report
publicly available or available to specified persons or
5 bodies.
33. Amendment or withdrawal of reference
The Minister may, by written notice given to the Authority,
amend or withdraw a reference at any time before the Minister
has received from the Authority a report under section 36(1) in
10 respect of the reference.
34. Notice of reference, amendment or withdrawal
(1) The Authority must publish notice of any reference, or the
amendment or withdrawal of any reference --
(a) in the Gazette;
15 (b) in a daily newspaper circulating generally in the State;
and
(c) on the Internet.
(2) Notice of a reference must specify --
(a) the terms of reference for the inquiry;
20 (b) the period during which the inquiry is to be held;
(c) the period within which, and the form in which,
members of the public may make submissions, including
details of any public hearings; and
(d) the matters that the Authority would like submissions to
25 deal with.
(3) Notice of an amendment of a reference must give particulars of
the amendment.
page 20
Economic Regulation Authority Bill 2002
References Part 5
References on other industries Division 2
s. 35
35. Authority to conduct inquiry
The Authority must conduct an inquiry into any matter referred
to the Authority under section 32(1).
36. Reports
5 (1) The Authority must submit a report to the Minister on the
outcome of the inquiry.
(2) The Authority must identify in the report any information
contained in the report that the Authority considers is of a
confidential or commercially sensitive nature.
10 (3) The Minister must cause a copy of the report (excluding any
information identified under subsection (2)) to be laid before
each House of Parliament, or dealt with under section 60, within
28 days after the Minister receives the report.
(4) If information is excluded from a copy of the report because of
15 its confidential or commercially sensitive nature, the copy of the
report must contain a statement to that effect at the place in the
report where the information excluded would have otherwise
appeared.
Division 2 -- References on other industries
20 37. Definition
In this Division --
"reference" means a notice under section 38(1).
38. References
(1) The Minister may, by written notice, refer to the Authority for --
25 (a) an inquiry; or
(b) a report,
any matter relating to an industry that is not a regulated
industry.
page 21
Economic Regulation Authority Bill 2002
Part 5 References
Division 2 References on other industries
s. 39
(2) Without limiting subsection (1), the matters that can be referred
to the Authority include the matters described in section 32(2).
(3) Before referring a matter to the Authority under subsection (1)
the Minister must consult with the Authority.
5 (4) A reference --
(a) must specify the terms of reference for the inquiry or
report;
(b) may specify the nature and degree of public consultation
that is to be undertaken for the purposes of the inquiry
10 or report;
(c) may specify a period within which the Authority must
submit a report to the Minister under section 42(1)
or (2); and
(d) may require the Authority to make a draft report publicly
15 available or available to specified persons or bodies.
39. Amendment or withdrawal of reference
The Minister may, by written notice given to the Authority,
amend or withdraw a reference at any time before the Minister
has received from the Authority a report under section 42(1)
20 or (2) in respect of the reference.
40. Notice of reference, amendment or withdrawal
The Minister may, but is not required to, cause notice of any
reference, or the amendment or withdrawal of any reference, to
be published in the Gazette or in some other manner.
25 41. Authority to conduct inquiry
The Authority must conduct an inquiry into any matter referred
to the Authority under section 38(1)(a).
42. Reports
(1) If a matter is referred to the Authority under section 38(1)(a) the
30 Authority must submit a report to the Minister on the outcome
of the inquiry.
page 22
Economic Regulation Authority Bill 2002
References Part 5
General Division 3
s. 43
(2) If a matter is referred to the Authority under section 38(1)(b) the
Authority must submit a report to the Minister on the matter.
(3) The Authority must identify in a report under subsection (1) or
(2) any information contained in the report that the Authority
5 considers is of a confidential or commercially sensitive nature.
(4) The Minister must cause a copy of the report, excluding any
information identified under subsection (3), to be laid before
each House of Parliament within 28 days after the Minister
receives the report.
10 (5) If information is excluded from a copy of the report made
available under subsection (4) because of its confidential or
commercially sensitive nature, the copy of the report must
contain a statement to that effect at the place in the report where
the information excluded would have otherwise appeared.
15 43. Preparation of reports for purposes of section 42(2)
In preparing a report for the purposes of section 42(2), the
Authority may inform itself on any matter in any manner it
considers appropriate.
Division 3 -- General
20 44. Definition
In this Division --
"inquiry" means an inquiry under Division 1 or 2.
45. Authority to act through a member or members when
conducting inquiry
25 (1) In conducting an inquiry the Authority is to act through a
member or members specified by the chairman.
(2) Any 2 or more members through whom the Authority conducts
an inquiry do not act as the governing body, and Schedule 1
does not apply to their proceedings and deliberations.
page 23
Economic Regulation Authority Bill 2002
Part 5 References
Division 3 General
s. 46
(3) The Authority may conduct an inquiry through a member or
members even though it is at the same time conducting another
inquiry through any other member or members.
46. Conduct of inquiry
5 (1) In conducting an inquiry the Authority --
(a) is to act with as little formality as possible;
(b) is not bound by the rules of evidence and may inform
itself on any matter in any manner it considers
appropriate;
10 (c) may receive written or oral submissions; and
(d) may establish working groups and task forces.
(2) The Authority --
(a) has a discretion as to whether any person may appear
before the Authority in person or be represented by
15 another person; and
(b) may determine that proceedings, or any part of
proceedings, before the Authority are to be held in
private if the Authority is satisfied that --
(i) it is in the public interest to do so; or
20 (ii) the evidence is of a confidential or commercially
sensitive nature.
(3) Except as otherwise stated in this Division, the Authority may
conduct an inquiry in any manner it considers appropriate.
47. Powers relating to inquiry
25 For the purposes of an inquiry, the Authority may --
(a) by summons signed on behalf of the Authority by a
member or the chief employee, require any person --
(i) to attend before the Authority; or
(ii) to produce any document specified in the
30 summons to the Authority;
page 24
Economic Regulation Authority Bill 2002
References Part 5
General Division 3
s. 48
(b) inspect any document produced, and retain it for any
reasonable period that the Authority thinks appropriate,
and make copies of the document or any of its contents;
(c) require any person to swear to truly answer any relevant
5 question put to that person by the Authority or any
person appearing before the Authority (and for that
purpose a member may administer an oath or
affirmation); or
(d) require any person attending before the Authority to
10 answer any relevant question put to that person by the
Authority or any person appearing before the Authority.
48. Offences in relation to inquiry
A person must not --
(a) having been served with a summons under section 47 to
15 attend before the Authority, fail without reasonable
excuse (proof of which lies upon the person) to attend in
obedience to the summons;
(b) having been served with a summons under section 47 to
produce any document, fail without reasonable excuse
20 (proof of which lies upon the person) to comply with the
summons;
(c) fail without reasonable excuse (proof of which lies upon
the person) --
(i) to swear; or
25 (ii) to answer any question,
when required under section 47 to do so;
(d) give to the Authority any answer or other information
that the person knows to be false or misleading in a
material particular; or
30 (e) wilfully insult the Authority or a member, or interrupt or
obstruct the conduct of an inquiry.
Penalty: $10 000.
page 25
Economic Regulation Authority Bill 2002
Part 5 References
Division 3 General
s. 49
49. Incriminating answers or documents
An individual is not excused from complying with a
requirement under section 47 on the ground that the answer to a
question or the production of a document might incriminate the
5 individual or render the individual liable to a penalty, but
neither --
(a) an answer given by the individual that was given to
comply with the requirement; nor
(b) the fact that a document produced by the individual to
10 comply with the requirement was produced,
is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for an offence
against section 48(d).
50. Protection for person assisting Authority
15 A person is not liable in any way for any loss, damage or injury
suffered by another person because of the giving in good faith
of information, or the production in good faith of a document, to
the Authority for the purposes of an inquiry or report, whether
or not the information is given, or the document is produced, in
20 connection with a written submission or a public hearing.
page 26
Economic Regulation Authority Bill 2002
Collection and use of information Part 6
s. 51
Part 6 -- Collection and use of information
51. Power to obtain information and documents
(1) If the Authority has reason to believe that a person has
information or a document that may assist the Authority in the
5 performance of its functions, the Authority may require the
person to give the Authority the information or a copy of a
document.
(2) The reference in subsection (1) to functions does not include --
(a) the functions described in section 25(c) and (d); or
10 (b) the function of preparing a report for the purposes of
section 42(2).
(3) A requirement under this section must be made in a written
notice that --
(a) identifies the information or document concerned;
15 (b) states that the requirement is made under this section;
(c) specifies the period within which the requirement must
be complied with; and
(d) specifies the form in which the information or copy of
the document must be given to the Authority.
20 (4) The notice must be accompanied by a copy of this section.
52. Offences
(1) A person must not fail without reasonable excuse (proof of
which lies on the person) to comply with a requirement under
section 51.
25 Penalty: $10 000 or imprisonment for 12 months.
(2) A person must not, in purported compliance with a requirement
under section 51, give to the Authority information that the
person knows to be false or misleading in a material particular.
Penalty: $10 000 or imprisonment for 12 months.
page 27
Economic Regulation Authority Bill 2002
Part 6 Collection and use of information
s. 53
53. Incriminating information or documents
An individual is not excused from complying with a
requirement under section 51 on the ground that the giving of
information or a document might incriminate the individual or
5 render the individual liable to a penalty, but neither --
(a) information given by the individual that was given to
comply with the requirement; nor
(b) the fact that a document given by the individual to
comply with the requirement was given,
10 is admissible in evidence in any civil or criminal proceedings
against the individual other than proceedings for an offence
against section 52(2).
54. Protection for person giving information or document
A person is not liable in any way for any loss, damage or injury
15 suffered by another person because of the giving in good faith
of information or a document to the Authority under section 51.
55. Restriction on disclosure of confidential information
(1) This section applies if information or a document is given to the
Authority under section 47 or 51 and, at the time it is given, the
20 person giving it states that it is of a confidential or commercially
sensitive nature.
(2) The Authority must not disclose the information or the contents
of the document to any person unless the Authority is of the
opinion --
25 (a) that the disclosure of the information or document
would not cause detriment to the person giving it or
another person; or
(b) that, although the disclosure of the information or
document would cause detriment to the person giving it
30 or another person, the public benefit in disclosing it
outweighs that detriment.
page 28
Economic Regulation Authority Bill 2002
Collection and use of information Part 6
s. 55
(3) Subsection (2) does not prevent the Authority --
(a) from disclosing information or the contents of a
document to a staff member; or
(b) from using information or a document for the purposes
5 of civil or criminal proceedings.
(4) For the purposes of this section, the disclosure of anything that
is already in the public domain at the time the Authority wishes
to disclose it cannot cause detriment to a person.
(5) In this section --
10 "given", in relation to a document, includes produced.
page 29
Economic Regulation Authority Bill 2002
Part 7 Miscellaneous
s. 56
Part 7 -- Miscellaneous
56. Protection from liability for wrongdoing
(1) An action in tort does not lie against a member or a staff
member for anything that the person has done, in good faith, in
5 the performance or purported performance of a function under
this Act or any other written law.
(2) The protection given by subsection (1) applies even though the
thing done as described in that subsection may have been
capable of being done whether or not this Act or any other
10 written law had been enacted.
(3) Despite subsection (1), neither the Authority nor the State is
relieved of any liability that it might have for another person
having done anything as described in that subsection.
(4) In this section, a reference to the doing of anything includes a
15 reference to an omission to do anything.
57. Confidentiality
(1) This section applies to a person who is or has been a member or
a staff member.
(2) A person to whom this section applies must not, directly or
20 indirectly, record, disclose or make use of any information
obtained in the course of duty except --
(a) for the purpose of performing functions under this Act
or another written law;
(b) as required or allowed by this Act or under another
25 written law;
(c) with the written consent of the person to whom the
information relates; or
(d) in other prescribed circumstances.
Penalty: $10 000 or imprisonment for 12 months.
page 30
Economic Regulation Authority Bill 2002
Miscellaneous Part 7
s. 58
(3) Subsection (2) does not apply to the disclosure of any summary
or statistical information that could not reasonably be expected
to enable particulars relating to any person to be ascertained.
58. Intimidation
5 A person must not --
(a) threaten, intimidate or coerce another person; or
(b) take, threaten to take, incite or be involved in any action
that causes another person to suffer any loss, injury or
disadvantage,
10 because the person referred to in paragraph (a) or (b) or any
other person --
(c) has assisted, is assisting or may assist an inquiry under
Part 5 Division 1 or 2; or
(d) has complied, is complying or may comply with a
15 requirement under section 51.
Penalty: $10 000 or imprisonment for 12 months.
59. Execution of documents
(1) The Authority is to have a common seal.
(2) A document is duly executed by the Authority, if --
20 (a) the common seal of the Authority is affixed to it in
accordance with subsections (3) and (4); or
(b) it is signed on behalf of the Authority by a person or
persons authorised to do so under subsection (5).
(3) The common seal of the Authority is not to be affixed to any
25 document except as authorised by the Authority.
(4) The common seal of the Authority is to be affixed to a
document in the presence of --
(a) the chairman, if the governing body consists of the
chairman;
page 31
Economic Regulation Authority Bill 2002
Part 7 Miscellaneous
s. 60
(b) 2 members, if the governing body consists of more than
one member,
and the chairman or each member, as the case requires, is to
sign the document to attest that the common seal was so affixed.
5 (5) The Authority may, by writing under its common seal, authorise a
member or members or a staff member or staff members to sign
documents on behalf of the Authority, either generally or subject to
such conditions or restrictions as are specified in the authorisation.
(6) A document purporting to be executed in accordance with this
10 section is to be presumed to be duly executed until the contrary
is shown.
(7) When a document is produced bearing a seal purporting to be
the common seal of the Authority, it is to be presumed that the
seal is the common seal of the Authority until the contrary is
15 shown.
60. Supplementary provision about laying documents before
Parliament
(1) If a provision of this Act requires the Minister to cause a
document to be laid before each House of Parliament, or dealt
20 with under this section, within a period and --
(a) at the commencement of the period, a House of
Parliament is not sitting; and
(b) the Minister is of the opinion that the House will not sit
during that period,
25 the Minister must transmit a copy of the document to the Clerk
of that House.
(2) A copy of a document transmitted to the Clerk of a House is to
be regarded --
(a) as having been laid before that House; and
30 (b) as being a document published by order or under the
authority of that House.
page 32
Economic Regulation Authority Bill 2002
Miscellaneous Part 7
s. 61
(3) The laying of a copy of a document that is regarded as having
occurred under subsection (2)(a) is to be recorded in the
Minutes, or Votes and Proceedings, of the House on the first
sitting day of the House after the Clerk received the copy.
5 61. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
10 (2) Without limiting subsection (1), regulations may make
provision for and in relation to the imposition and payment of
fees and charges in connection with the performance of the
Authority's functions.
(3) If it is inappropriate to prescribe a set fee or charge in
15 connection with the performance of a particular function, the
regulations may provide for the method of calculating the fee or
charge, including calculation according to the cost of
performing the function.
(4) A fee or charge imposed under subsection (2), or a method of
20 calculation provided for under subsection (3), in connection
with the performance of a function under a particular written
law is not to allow the recovery of expenditure attributable, or to
the extent that it is attributable, to the performance of a function
under another written law.
25 62. Amendments to other Acts
Schedule 2 has effect.
63. Transitional and saving provisions
(1) Schedule 3 has effect to make transitional and saving provisions in
respect of the amendments made in Schedule 2 Divisions 8, 12
30 and 18.
page 33
Economic Regulation Authority Bill 2002
Part 7 Miscellaneous
s. 64
(2) Schedule 4 has effect to make transitional and saving provisions
in respect of the amendments made in Schedule 2 Division 4.
(3) If there is no sufficient provision in this Act for dealing with a
transitional matter, regulations made under section 61(1) may
5 include any provision that is required, or is necessary or
convenient, for dealing with the transitional matter.
(4) In subsection (3) --
"transitional matter" means a matter that needs to be dealt
with for the purpose of effecting the transition from the
10 provisions of the Acts amended by this Act as in effect
before this Act comes into operation to the provisions of
those Acts as in force after this Act comes into operation.
(5) A regulation including a provision described in subsection (3)
may be expressed to have effect before the day on which it is
15 published in the Gazette.
(6) To the extent that a regulation including a provision described
in subsection (3) may have effect before the day of its
publication in the Gazette, it does not --
(a) affect in a manner prejudicial to any person (other than
20 the Authority or the State), the rights of that person
existing before the day of its publication; or
(b) impose liabilities on any person (other than the
Authority or the State) in respect of anything done or
omitted to be done before the day of its publication.
25 64. Review of Act
(1) A Joint Standing Committee of both Houses of Parliament
appointed for the purposes of this section must carry out a
review of the operation and effectiveness of this Act as soon as
is practicable after the expiry of 2 years from the
30 commencement of this section and thereafter at 5 yearly
intervals.
page 34
Economic Regulation Authority Bill 2002
Miscellaneous Part 7
s. 64
(2) In the course of that review the Joint Standing Committee must
consider and have regard to --
(a) the effectiveness of the operations of the Authority;
(b) the need for the continuation of the functions of the
5 Authority; and
(c) any other matters that appear to the Joint Standing
Committee to be relevant to the operation and
effectiveness of this Act.
(3) The Joint Standing Committee must prepare a report based on
10 the review and, as soon as is practicable after the report is
prepared, must cause it to be laid before each House of
Parliament.
page 35
Economic Regulation Authority Bill 2002
Schedule 1 Meetings of governing body
Schedule 1 -- Meetings of governing body
[s. 13]
1. Definition
In this Schedule --
5 "meeting" means a meeting of the governing body.
2. Application
This Schedule applies if the governing body consists of more than one
member.
3. General procedure
10 The procedure for the calling of meetings and for the conduct of
business at meetings is, except as otherwise stated in this Schedule, to
be determined by the governing body.
4. Presiding member
(1) The chairman must preside at all meetings at which the chairman is
15 present.
(2) If the chairman is absent from a meeting the members present must
appoint one of the members present to preside.
5. Quorum
A quorum for a meeting is --
20 (a) 2 members if the governing body consists of 2 members; or
(b) otherwise, at least one half of the number of members in
office.
6. Voting
(1) At a meeting each member present has a deliberative vote.
25 (2) Subject to subclause (3), if there is an equality of votes on a question,
the question remains unresolved until a subsequent meeting.
(3) If, at a subsequent meeting, there is an equality of votes on a question
referred to in subclause (2), the question is resolved in the negative.
page 36
Economic Regulation Authority Bill 2002
Meetings of governing body Schedule 1
7. Minutes
The governing body must cause accurate minutes to be kept of the
proceedings at each meeting.
8. Resolution without meeting
5 (1) A resolution in writing signed by each member, or assented to by each
member by letter, telegram, telex, facsimile transmission or email, has
the same effect as if it had been passed at a meeting.
(2) The governing body must cause a record to be kept of each resolution
under subclause (1).
10 9. Holding meetings remotely
The presence of a member at a meeting need not be by attendance in
person but may be by that member and each other member at the
meeting being simultaneously in contact by telephone or other means
of instantaneous communication.
15 10. Leave of absence from meetings
The governing body may, on any terms and conditions it thinks fit,
grant a member leave to be absent from a meeting.
page 37
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
Schedule 2 -- Amendments to other Acts
[s. 62]
Division 1 -- Builders' Registration Act 1939
1. The Act amended
5 The amendments in this Division are to the Builders' Registration
Act 1939*.
[* Reprinted as at 11 January 2002.]
2. Section 12A amended
Section 12A(7) is amended by deleting "Coordination" and inserting
10 instead --
" Licensing ".
Division 2 -- Conservation and Land Management Act 1984
3. The Act amended
The amendments in this Division are to the Conservation and Land
15 Management Act 1984*.
[* Reprinted as at 26 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 62, and Acts Nos. 6 and 20 of 2002.]
4. Section 53 amended
20 Section 53 is amended in paragraph (b) of the definition of "relevant
water utility" by deleting "Coordination" and inserting instead --
" Licensing ".
Division 3 -- Constitution Acts Amendment Act 1899
5. The Act amended
25 The amendments in this Division are to the Constitution Acts
Amendment Act 1899*.
[* Reprinted as at 8 June 2001.
For subsequent amendments see 2001 Index to Legislation of Western
Australia, Table 1, p. 72, and Acts Nos. 2 and 76 of 2000 and 5, 20
30 and 30 of 2002.]
page 38
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
6. Schedule V amended
(1) Schedule V Part 1 Division 2 is amended by deleting the items relating to
the Western Australian Independent Gas Pipelines Access Regulator and
the Western Australian Independent Rail Access Regulator.
5 (2) Schedule V Part 3 is amended as follows:
(a) by deleting the item relating to any committee established
under section 60 of the Water Services Coordination
Act 1995;
(b) by inserting after the item relating to the East Perth
10 Redevelopment Authority the following item --
"
The Economic Regulation Authority established by the
Economic Regulation Authority Act 2002.
";
15 (c) in the item relating to the Plumbers Licensing Board by
deleting "Coordination" and inserting instead --
" Licensing ".
Division 4 -- Energy Coordination Act 1994
7. The Act amended
20 The amendments in this Division are to the Energy Coordination
Act 1994*.
[* Reprinted as at 5 May 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 114.]
25 8. Long title amended
The long title is amended as follows:
(a) by inserting after "the State;" the following item --
"
· the conferral of functions on the Economic
30 Regulation Authority in respect of the licensing
scheme;
";
(b) by deleting ", to administer the licensing scheme".
page 39
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
9. Section 3 amended
Section 3 is amended by inserting in the appropriate alphabetical
position the following definition --
"
5 "Authority" means the Economic Regulation
Authority established by the Economic Regulation
Authority Act 2002;
".
10. Section 6 amended
10 Section 6(aa) is deleted.
11. Section 7 amended
Section 7(b) is amended by deleting "Western Australian Independent
Gas Pipelines Access Regulator referred to in section 27 of the Gas
Pipelines Access (Western Australia) Act 1998." and inserting
15 instead --
" Authority. ".
12. Section 10 amended
Section 10(1a) is repealed.
13. Part 2A Division 1A inserted
20 Before Part 2A Division 1 the following Division is inserted --
"
Division 1A -- Role of Economic Regulation Authority
11AA. Functions of Authority
The functions of the Authority under this Part are --
25 (a) to administer the licensing scheme provided for
in this Part;
(b) to monitor and report to the Minister on the
operation of that licensing scheme and on
compliance by licensees with their licences;
page 40
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
(c) to inform the Minister about any failure by a
licensee to meet performance criteria or other
requirements of its licence; and
(d) the other functions conferred on the Authority
5 by this Part.
".
14. Section 11H amended
After section 11H(3)(f) the following paragraph is inserted --
"
10 (fa) the policy objectives of government in relation
to the supply of gas;
".
15. Section 11K amended
Section 11K(1) is amended by deleting "he or she" and inserting
15 instead --
" the Authority ".
16. Section 11S amended
Section 11S(1) is amended by deleting "he or she" and inserting
instead --
20 " the Authority ".
17. Section 11U amended
Section 11U is amended by deleting "the Coordinator's" and inserting
instead --
" its ".
25 18. Section 11WA inserted
After section 11W the following section is inserted in Part 2A
Division 4 --
"
11WA. Regulations about public consultation
30 Regulations made under section 26 may require the
Authority, before it makes a decision on any
page 41
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
application for the grant, renewal or transfer of a
licence under this Division, to undertake public
consultation in accordance with the procedure specified
in the regulations.
5 ".
19. Section 11ZA amended
Section 11ZA(3) is amended by deleting "his or her" and inserting
instead --
" its ".
10 20. Section 11ZC amended
Section 11ZC is amended by deleting "he or she" and inserting
instead --
" it ".
21. Section 11ZG repealed
15 Section 11ZG is repealed.
22. Schedule 1 amended
Schedule 1 paragraph (h) is deleted and the following paragraph is
inserted instead --
"
20 (h) requiring the licensee to provide to the Authority, in
the manner and form determined by the Authority,
specified information on any matter relevant to the
operation of the licence, the operation of the
licensing scheme provided for in Part 2A, or the
25 performance of the Authority's functions under that
Part;
".
page 42
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
23. Various references to "Coordinator" changed to "Authority"
The provisions specified in the Table to this clause are amended by
deleting "Coordinator" in each place where it occurs and inserting
instead --
5 " Authority ".
Table
s. 11G(1) and (2) s. 11T(1) and (3)
s. 11K(1) and (2) s. 11U
s. 11L(1)(a), (2) and (3) s. 11W(1) and (4)
s. 11M(1) s. 11Y(1)(b) and (c)
s. 11N(1) s. 11ZA(1) and (3)
s. 11O s. 11ZE(3)
s. 11P(a) s. 11ZH(2), (8), (9) and (12)
s. 11Q(1) and (3) Sch. 1 para. (b), (id) and (n)(ii)
s. 11R(1), (2) and (3)(a)
s. 11S(1) and (2)
24. Various references to "Minister" changed to "Authority"
The provisions specified in the Table to this clause are amended by
deleting "Minister" in each place where it occurs and inserting
10 instead --
" Authority ".
Table
s. 11ZB(1), (2), (3) and (4)
s. 11ZC
s. 11ZD
Division 5 -- Financial Administration and Audit Act 1985
25. The Act amended
15 The amendments in this Division are to the Financial Administration
and Audit Act 1985*.
[* Reprinted as at 16 September 2002.
For subsequent amendments see Act No. 30 of 2002.]
page 43
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
26. Schedule 1 amended
Schedule 1 is amended as follows:
(a) by inserting in the appropriate alphabetical position --
" Economic Regulation Authority ";
5 (b) by deleting "Western Australian Independent Gas Pipelines
Access Regulator" and "Western Australian Independent Rail
Access Regulator".
Division 6 -- Fire Brigades Act 1942
27. The Act amended
10 The amendments in this Division are to the Fire Brigades Act 1942*.
[* Reprinted as at 18 February 2000.
For subsequent amendments see Gazettes 28 March 2002
p. 1761-2 and 6 September 2002 p. 4487-8.]
28. Section 54 amended
15 Section 54(3)(ca) is amended by deleting "Coordination" and
inserting instead --
" Licensing ".
Division 7 -- Freedom of Information Act 1992
29. The Act amended
20 The amendments in this Division are to the Freedom of Information
Act 1992*.
[* Reprinted as at 3 March 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 144, and Act No. 21 of 2002.]
page 44
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
30. Glossary amended
(1) Clause 7A(1) of the Glossary is amended as follows:
(a) by inserting before the definition of "arbitrator" the following
definition --
5 "
"access regulation functions" means the functions referred
to in section 36(1) of the Gas Pipelines Access
(Western Australia) Act 1998;
";
10 (b) by deleting the definition of " "Board " and "Regulator " "
and inserting the following definitions instead --
"
"Authority" means the Economic Regulation Authority
established by the Economic Regulation Authority
15 Act 2002;
"Board" has the meaning given by section 49 of the Gas
Pipelines Access (Western Australia) Act 1998.
".
(2) Clause 7A(2) of the Glossary is amended as follows:
20 (a) in paragraphs (a) and (b) by deleting "Regulator" and
inserting instead --
"
Authority (because of its access regulation
functions)
25 ";
(b) by deleting "Regulator" in the third and fourth places where it
occurs and inserting instead --
" Authority ".
page 45
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
Division 8 -- Gas Pipelines Access (Western Australia) Act 1998
31. The Act amended
The amendments in this Division are to the Gas Pipelines Access
(Western Australia) Act 1998*.
5 [* Reprinted as at 11 August 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 148.]
32. Long title amended
The long title is amended by deleting "to establish certain offices and
10 a board for that purpose including" and inserting instead --
"
for that purpose to establish a board and provide for
".
33. Section 11 amended
15 Section 11 is amended by deleting the definition of "local Regulator"
and inserting instead --
"
"local Regulator" means the Economic Regulation
Authority established by the Economic Regulation
20 Authority Act 2002;
".
34. Section 19 amended
Section 19 is amended as follows:
(a) by deleting paragraph (b) and inserting the following
25 paragraph instead --
"
(b) the Economic Regulation Authority established
by the Economic Regulation Authority
Act 2002;
30 ";
page 46
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
(b) by inserting after "the Minister," --
" Authority, ".
35. Part 6 Division 1 Subdivision 1 heading deleted
The heading to Part 6 Division 1 Subdivision 1 is deleted.
5 36. Section 26 amended
Section 26 is amended by deleting the definition of "Regulator" and
inserting the following definition instead --
"
"Authority" means the Economic Regulation
10 Authority established by the Economic Regulation
Authority Act 2002.
".
37. Part 6 Division 1 Subdivision 2 repealed
Part 6 Division 1 Subdivision 2 is repealed.
15 38. Part 6 Division 1 Subdivision 3 heading deleted
The heading to Part 6 Division 1 Subdivision 3 is deleted.
39. Section 36 amended
(1) Section 36(1) is amended by deleting "Regulator" in the first place
where it occurs and inserting instead --
20 " Authority ".
(2) Section 36(3) is repealed.
(3) Section 36(4) is amended by deleting "his or her functions the
Regulator" and inserting instead --
" its functions under subsection (1) the Authority ".
25 40. Section 37 repealed
Section 37 is repealed.
page 47
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
41. Section 38 amended
Section 38(1)(a) and (2) are amended by deleting "Regulator" and
inserting instead --
" Authority ".
5 42. Sections 39, 40 and 41 repealed
Sections 39, 40 and 41 are repealed.
43. Part 6 Division 1 Subdivisions 4, 5 and 6 repealed
Part 6 Division 1 Subdivisions 4, 5 and 6 are repealed.
44. Section 76 amended
10 Section 76 is amended by deleting "Regulator." and inserting
instead --
" local Regulator as defined in section 11. ".
45. Section 87 amended
Section 87(1) is amended by deleting "the Regulator,".
15 Division 9 -- Metropolitan Water Authority Act 1982
46. The Act amended
The amendments in this Division are to the Metropolitan Water
Authority Act 1982*.
[* Reprinted as at 21 January 2000.]
20 47. Section 4 amended
Section 4(1) is amended by deleting the definition of "Coordinator".
48. Section 5 amended
Section 5(2) is amended by deleting ", the Coordinator".
page 48
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
Division 10 -- Parliamentary Commissioner Act 1971
49. The Act amended
The amendments in this Division are to the Parliamentary
Commissioner Act 1971*.
5 [* Reprinted as at 16 March 2001.]
50. Schedule 1 amended
Schedule 1 is amended as follows:
(a) by inserting after the item relating to the Director of Public
Prosecutions the following item --
10 "
The Economic Regulation Authority established by
the Economic Regulation Authority Act 2002 to the
extent of its functions referred to in section 36(1) of
the Gas Pipelines Access (Western Australia)
15 Act 1998 and section 20(1) of the Railways (Access)
Act 1998.
";
(b) by deleting the items relating to the Western Australian
Independent Gas Pipelines Access Regulator and the Western
20 Australian Independent Rail Access Regulator.
Division 11 -- Public Sector Management Act 1994
51. The Act amended
The amendment in this Division is to the Public Sector Management
Act 1994*.
25 [* Reprinted as at 9 February 2001.
For subsequent amendments see Acts Nos. 53 of 2000, 24 of 2001
and 20 of 2002.]
page 49
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
52. Schedule 2 amended
After Schedule 2 item 10 the following item is inserted --
"
10AA Economic Regulation Authority, established
under the Economic Regulation Authority
Act 2002.
".
5 Division 12 -- Railways (Access) Act 1998
53. The Act amended
The amendments in this Division are to the Railways (Access)
Act 1998*.
[* Reprinted as at 12 October 2001.
10 For subsequent amendments see Act No. 7 of 2002.]
54. Long title amended
The long title is amended by deleting "establishing an office with"
and inserting instead --
" conferring on the Economic Regulation Authority ".
15 55. Section 3 amended
Section 3 is amended by deleting the definition of "Regulator" and
inserting the following definition instead --
"
"Regulator" means the Economic Regulation
20 Authority established by the Economic Regulation
Authority Act 2002.
".
56. Part 3 Division 1 repealed
Part 3 Division 1 is repealed.
25 57. Part 3 Division 2 heading deleted
The heading to Part 3 Division 2 is deleted.
page 50
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
58. Section 20 amended
(1) Section 20(2) is amended as follows:
(c) by deleting "his or her" and inserting instead --
" its ";
5 (d) by deleting ", and may do all things that are necessary or
convenient to be done for or in connection with the
performance of those functions".
(2) Section 20(3) is amended by deleting "Division" and inserting
instead --
10 " Part ".
59. Sections 20A, 20B and 20C repealed
Sections 20A, 20B and 20C are repealed.
60. Section 22 amended
Section 22 is amended as follows:
15 (a) by deleting "him or her" and inserting instead --
" the Regulator ";
(b) in paragraph (a) by deleting "he or she" and inserting
instead --
" the Regulator ".
20 61. Section 22B amended
Section 22B(1) and (2) are amended by deleting "Division" and
inserting instead --
" Part ".
62. Section 22C amended
25 Section 22C is amended by deleting "Division" and inserting
instead --
" Part ".
page 51
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
63. Section 23 amended
Section 23 is amended as follows:
(a) by deleting "his or her" and inserting instead --
" its ";
5 (b) by deleting "Division" and inserting instead --
" Part ";
(c) in paragraph (a) by deleting "the Regulator's functions" and
inserting instead --
" its functions under this Act and the Code ".
10 64. Part 3 Divisions 3, 4 and 5 repealed
Part 3 Divisions 3, 4 and 5 are repealed.
Division 13 -- Rights in Water and Irrigation Act 1914
65. The Act amended
The amendments in this Division are to the Rights in Water and
15 Irrigation Act 1914*.
[* Reprinted as at 10 January 2001.]
66. Section 26GZJ amended
Section 26GZJ(3) is amended by deleting "Coordination" and
inserting instead --
20 " Licensing ".
67. Section 26GZP amended
(1) Section 26GZP(1) is amended by deleting "Coordinator of Water
Services" and inserting instead --
" Authority ".
page 52
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
(2) Section 26GZP(2) is repealed and the following subsection is inserted
instead --
"
(2) In subsection (1) --
5 "Authority" means the Economic Regulation
Authority established by the Economic
Regulation Authority Act 2002.
".
68. Section 27 amended
10 Section 27(1)(ga) is amended by deleting "Coordination" and
inserting instead --
" Licensing ".
69. Schedule 1 amended
The Appendix to Schedule 1 is amended in clause 1(b) by deleting
15 "Coordination" and inserting instead --
" Licensing ".
Division 14 -- Swan River Trust Act 1988
70. The Act amended
The amendments in this Division are to the Swan River Trust
20 Act 1988*.
[* Reprinted as at 1 December 2000.]
71. Section 12 amended
Section 12(1) is amended as follows --
(a) by deleting paragraph (e);
25 (b) in paragraph (g) by deleting "2" and inserting instead --
" 3 ".
page 53
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
Division 15 -- Water Agencies (Powers) Act 1984
72. The Act amended
The amendments in this Division are to the Water Agencies (Powers)
Act 1984*.
5 [* Reprinted as at 4 January 2000.]
73. Long title amended
The long title is amended by deleting ", the Water and Rivers
Commission and the Coordinator of Water Services" and inserting
instead --
10 " and the Water and Rivers Commission ".
74. Section 3 amended
Section 3(1) is amended as follows:
(a) by deleting the definition of "Coordinator";
(b) in the definition of "statutory authority" by deleting ", the
15 Coordinator".
75. Section 34 amended
Section 34(3)(l) is amended by deleting "Coordination" and inserting
instead --
" Licensing ".
20 76. Section 38 amended
Section 38(1) is amended by deleting "Coordinator" and inserting
instead --
" Minister ".
77. Section 65 amended
25 Section 65(c) is amended by deleting "Coordinator" and inserting
instead --
" Minister ".
page 54
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
78. Section 66 amended
Section 66 is amended as follows:
(a) by inserting after "interested" --
" the Minister, ";
5 (b) by deleting ", the Coordinator".
79. Section 82 amended
Section 82(1a) is amended by deleting "Coordination" and inserting
instead --
" Licensing ".
10 Division 16 -- Water Boards Act 1904
80. The Act amended
The amendments in this Division are to the Water Boards Act 1904*.
[* Reprinted as at 4 November 1996.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 403.]
81. Section 3 amended
Section 3(1) is amended by deleting the definition of "Coordinator".
82. Section 3A amended
Section 3A is amended by deleting "Coordination" and inserting
20 instead --
" Licensing ".
83. Section 5 amended
(1) Section 5(1) is amended by deleting ", and the Coordinator where the
Minister in writing so directs the Coordinator,".
25 (2) Section 5(2) is amended by deleting "Coordinator" and inserting
instead --
" Minister ".
page 55
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
(3) After section 5(2) the following subsections are inserted --
"
(2a) On the dissolution of a Board, the Minister may, by
instrument, delegate to a person --
5 (a) the powers and authorities referred to in
subsection (1); and
(b) the power to recover anything that the Minister
is authorised to recover under subsection (2).
(2b) The immunities referred to in subsection (1) extend to a
10 delegate of the Minister under subsection (2a).
".
84. Section 110 amended
Section 110 is amended by deleting "or the Coordinator".
Division 17 -- Water Corporation Act 1995
15 85. The Act amended
The amendments in this Division are to the Water Corporation
Act 1995*.
[* Reprinted as at 4 May 2001.
For subsequent amendments see 2001 Index to Legislation of
20 Western Australia, Table 1, p. 403, Act No. 20 of 2002 and Gazette
24 May 2002 p. 2605-17.]
86. Section 27 amended
Section 27(3) is amended by deleting "Coordination" and inserting
instead --
25 " Licensing ".
87. Section 91 amended
Section 91(2) is amended by deleting "Coordination" and inserting
instead --
" Licensing ".
page 56
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
Division 18 -- Water Services Coordination Act 1995
88. The Act amended
The amendments in this Division are to the Water Services
Coordination Act 1995*.
5 [* Reprinted as at 28 July 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 404.]
89. Long title amended
The long title is amended by deleting the passage beginning "to
10 provide for a public officer -- " and ending "to confer powers," and
inserting instead --
"
to confer functions on the Economic Regulation Authority in
respect of that scheme and other matters,
15 ".
90. Section 1 amended
Section 1 is amended by deleting "Coordination" and inserting
instead --
" Licensing ".
20 91. Section 3 amended
Section 3 is amended as follows:
(a) by inserting before the definition of "Board" the following
definition --
"
25 "Authority" means the Economic Regulation
Authority established by the Economic Regulation
Authority Act 2002;
";
(b) by deleting the definition of "Coordinator";
page 57
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
(c) in the definition of "inspector" by deleting "the Coordinator"
and inserting instead --
" a member of the Authority ".
92. Part 2 replaced
5 Part 2 is repealed and the following Part is inserted instead --
"
Part 2 -- Role of Economic Regulation
Authority
4. Functions of Authority
10 The functions of the Authority under this Act are --
(a) to administer the licensing scheme provided for
in Part 3;
(b) to monitor and report to the Minister on the
operation of that licensing scheme and on
15 compliance by licensees with their licences;
(c) to inform the Minister about any failure by a
licensee to meet operational standards or other
requirements of its licence;
(d) to monitor --
20 (i) the performance of the water services
industry and of those participating in
that industry; and
(ii) the performance of providers of water
services,
25 and, for the purposes of such monitoring, to
consult with interested groups and persons; and
(e) the other functions conferred on the Authority
by this Act.
".
page 58
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
93. Section 19 amended
After section 19(1) the following subsections are inserted --
"
(1a) The Governor must not make an order under
5 subsection (1) unless he or she is satisfied that it would
not be contrary to the public interest to do so.
(1b) The Governor, in determining whether the making of
the order would not be contrary to the public interest,
may take into account one or more of the following
10 matters --
(a) environmental considerations;
(b) social welfare and equity considerations,
including community service obligations;
(c) economic and regional development, including
15 employment and investment growth;
(d) the interests of water services customers
generally or of a class of water services
customers;
(e) the interests of any licensee, or applicant for a
20 licence, in respect of the controlled area or part
of a controlled area to which the order, if made,
would apply;
(f) the importance of competition in water services
industry markets;
25 (g) public health considerations in relation to the
provision of a safe drinking water supply;
(h) the policy objectives of government in relation
to water services;
(i) any other matter that he or she considers
30 relevant.
".
page 59
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
94. Section 23 replaced
Section 23 is repealed and the following section is inserted instead --
"
23. Matters relevant to grant of licence
5 The Authority is not to grant a licence unless the
Authority is satisfied that --
(a) the applicant has, and is likely to continue to
have, the financial and technical ability to
provide the water services that will be covered
10 by the licence; and
(b) it would not be contrary to the public interest to
grant the licence.
".
95. Section 27 amended
15 Section 27 is amended by deleting "Coordinator's" and inserting
instead --
" its ".
96. Section 28 amended
(1) Section 28 is amended by inserting before "An" the subsection
20 designation "(1)".
(2) At the end of section 28 the following subsection is inserted --
"
(2) The Authority is not to renew a licence unless the
Authority is satisfied that it would not be contrary to
25 the public interest to do so.
".
page 60
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
97. Section 30 replaced
Section 30 is repealed and the following section is inserted instead --
"
30. Transfer of licence
5 (1) The Authority may transfer a licence.
(2) An application for the transfer of a licence is to be --
(a) made in a form approved by the Authority by
the person to whom the licence is to be
transferred; and
10 (b) accompanied by --
(i) the licensee's written consent to the
transfer of the licence to the applicant;
and
(ii) the prescribed fee.
15 (3) The applicant must provide any additional information
that the Authority requires for the proper consideration
of the application.
(4) The Authority is not to transfer a licence unless the
Authority is satisfied that --
20 (a) the applicant has, and is likely to continue to
have, the financial and technical ability to
provide the water services covered by the
licence; and
(b) it would not be contrary to the public interest to
25 transfer the licence.
(5) The transfer of a licence may be subject to any terms
and conditions that the Authority considers appropriate.
(6) The transfer of a licence does not affect the term of the
licence.
page 61
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
(7) The Authority is to ensure that notice of the transfer of
a licence is published in the Gazette as soon as is
practicable after the transfer.
(8) The notice is to include --
5 (a) the classification of the licence;
(b) the name of the transferee;
(c) the term of the licence;
(d) the area or areas covered by the licence; and
(e) the place where a copy of the licence and any
10 plan may be inspected under section 27.
".
98. Section 31 amended
After section 31(1) the following subsection is inserted --
"
15 (1a) The Authority is not to make a determination under
subsection (1) unless the Authority is satisfied that it
would not be contrary to the public interest to do so.
".
99. Sections 31A and 31B inserted
20 After section 31 the following sections are inserted in Part 3
Division 4 --
"
31A. Matters relevant to determination of public interest
Where the Authority is required under this Division to
25 determine whether something would not be contrary to
the public interest, the Authority, in making its
determination, may take into account one or more of
the matters referred to in section 19(1b).
page 62
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
31B. Regulations about public consultation
Regulations made under section 61 may require the
Authority, before it makes a decision on any
application for the grant, renewal or transfer of a
5 licence under this Division, to undertake public
consultation in accordance with the procedure specified
in the regulations.
".
100. Section 33 amended
10 Section 33(2)(c) is amended by deleting "Coordinator's" and inserting
instead --
" Authority's ".
101. Section 37 amended
Section 37(3) is amended by deleting "his or her" and inserting
15 instead --
" its ".
102. Section 40 amended
Section 40 is amended by deleting "he or she" and inserting
instead --
20 " it ".
103. Section 43 repealed
Section 43 is repealed.
104. Section 44 amended
Section 44(1)(a) is amended by deleting "or renew" and inserting
25 instead --
" , renew or transfer ".
page 63
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
105. Section 47 amended
Section 47(4) is amended by deleting "The Coordinator" and inserting
instead --
" A member of the Authority ".
5 106. Section 53 amended
Section 53(1) is amended by deleting "a water services" and inserting
instead --
" an operating ".
107. Part 5 repealed
10 Part 5 is repealed.
108. Section 59B amended
Section 59B(1)(a) and (b) are amended by deleting "and the
Coordinator".
109. Section 60 repealed
15 Section 60 is repealed.
110. Section 60A amended
After section 60A(1) the following subsection is inserted --
"
(1a) Subsection (1) does not apply to a person referred to in
20 section 56(1) of the Economic Regulation Authority
Act 2002.
".
111. Section 60B amended
(1) Section 60B(1) is repealed and the following subsection is inserted
25 instead --
"
(1) This section applies to a person --
(a) who has been the Coordinator of Water
Services under this Act;
page 64
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
(b) who is or has been a member of the Board; or
(c) who is or has been a person performing
functions under this Act.
".
5 (2) Section 60B is amended by deleting the penalty provision at the end
of subsection (2) and inserting instead --
"
Penalty: $5 000.
".
10 112. Section 62 amended
Section 62(2)(a) and (b) are deleted.
113. Schedule 1 amended
Schedule 1 is amended as follows:
(a) by deleting "A water services" and inserting instead --
15 " An operating ";
(b) by deleting paragraph (h) and inserting the following
paragraph instead --
"
(h) requiring the licensee to provide to the Authority, in
20 the manner and form determined by the Authority,
specified information on any matter relevant to the
operation of the licence, the operation of the
licensing scheme provided for in Part 3, or the
performance of the Authority's functions under this
25 Act;
".
114. Various references to "Coordinator" changed to "Authority"
The provisions specified in the Table to this clause are amended by
deleting "Coordinator" in each place where it occurs and inserting
30 instead --
" Authority ".
page 65
Economic Regulation Authority Bill 2002
Schedule 2 Amendments to other Acts
Table
s. 18(1) s. 37(3)
s. 20(1) and (2) s. 38(1)
s. 22(1)(a), (2) and (3) s. 42(3)
s. 24(1) s. 44(1)
s. 25 s. 46H(3)(a) and (b)
s. 26 s. 46K
s. 27 s. 47(1)
s. 28(a) s. 48(1)
s. 31(1) and (4) s. 53(1) and (2)
s. 33(2)(b) s. 54(1)
s. 36(1)(b) and (c) Sch. 1 para. (b) and (m)(ii)
s. 37(1)
115. Various references to "Minister" changed to "Authority"
The provisions specified in the Table to this clause are amended by
deleting "Minister" in each place where it occurs and inserting
5 instead --
" Authority ".
Table
s. 39(1), (2), (3) and (4)
s. 40
s. 41
Division 19 -- Western Australian Planning Commission Act 1985
116. The Act amended
10 The amendments in this Division are to the Western Australian
Planning Commission Act 1985*.
[* Reprinted as at 16 March 2001.
For subsequent amendments see Act No. 7 of 2002.]
page 66
Economic Regulation Authority Bill 2002
Amendments to other Acts Schedule 2
117. Section 19 amended
Section 19(1g)(a) is amended as follows:
(a) by deleting subparagraph (iia);
(b) after subparagraph (viii) by inserting the following
5 subparagraph --
"
(viiia) the chief executive officer of the
department principally assisting the
Minister to whom the administration of
10 the Water Agencies (Powers) Act 1984
is for the time being committed by the
Governor in that administration, or a
person nominated by that chief
executive officer and approved by the
15 Minister;
".
page 67
Economic Regulation Authority Bill 2002
Schedule 3 Transitional and saving provisions for amendments in
Schedule 2 Divisions 8, 12 and 18
Schedule 3 -- Transitional and saving provisions for
amendments in Schedule 2 Divisions 8, 12 and 18
[s. 63(1)]
1. Definitions
5 In this Schedule --
"commencement day" means the day on which this Schedule comes
into operation;
"former official" means --
(a) the Coordinator of Water Services referred to in section 4
10 of the Water Services Coordination Act 1995 as in effect
immediately before the commencement day;
(b) the Gas Pipelines Access Regulator; or
(c) the Rail Access Regulator;
"Gas Pipelines Access Regulator" means the Western Australian
15 Independent Gas Pipelines Access Regulator referred to in
section 27 of the Gas Pipelines Access (Western Australia)
Act 1998 as in effect immediately before the commencement
day;
"Rail Access Regulator" means the Western Australian Independent
20 Rail Access Regulator referred to in section 13 of the Railways
(Access) Act 1998 as in effect immediately before the
commencement day.
2. Interpretation Act 1984 to apply
This Schedule does not limit the operation of the Interpretation
25 Act 1984.
3. Decisions of Gas Pipelines Access Regulator
Without limiting the operation of clause 6, a decision made by the
Gas Pipelines Access Regulator as the local Regulator for the
purposes of the Gas Pipelines Access (Western Australia) Law that
30 was in effect immediately before the commencement day continues,
on and after that day, as if made by the Authority as the local
Regulator for the purposes of that Law.
page 68
Economic Regulation Authority Bill 2002
Transitional and saving provisions for amendments in Schedule 3
Schedule 2 Divisions 8, 12 and 18
4. Decisions of Rail Access Regulator
Without limiting the operation of clause 6, a decision made by the
Rail Access Regulator as the Regulator for the purposes of the Code
(as defined in the Railways (Access) Act 1998) that was in effect
5 immediately before the commencement day continues, on and after
that day, as if made by the Authority as the Regulator for the purposes
of that Code.
5. Licences under Part 3 of the Water Services Coordination Act 1995
Without limiting the operation of clause 6, an operating licence that
10 was in effect under Part 3 of the Water Services Coordination
Act 1995 immediately before the commencement day continues, on
and after that day, as an operating licence in effect under that Part as
amended by Schedule 2 Division 18.
6. Continuing effect of things done
15 On and after the commencement day any act, matter or thing done or
omitted to be done before that day by, to, or in respect of, a former
official (to the extent that that act, matter or thing has any force or
effect) is to be taken to have been done or omitted by, to, or in respect
of, the Authority.
20 7. Completion of things begun
On and after the commencement day anything lawfully commenced
by a former official may, so far as it is not contrary to this Act or any
other written law that gives functions to the Authority, be carried on
and completed by the Authority.
25 8. Proceedings etc.
Any proceedings or remedy that immediately before the
commencement day might have been brought or continued by or
available against or to a former official, may, on and after that day, be
brought or continued and are available, by or against or to the
30 Authority.
page 69
Economic Regulation Authority Bill 2002
Schedule 3 Transitional and saving provisions for amendments in
Schedule 2 Divisions 8, 12 and 18
9. Records
On and after the commencement day the Authority is to take delivery
of all papers, documents, minutes, books of account and other records
(however compiled, recorded or stored) relating to the operations of
5 each former official.
10. Bank accounts
(1) The moneys standing to the credit of the account referred to in
section 45 of the Gas Pipelines Access (Western Australia) Act 1998
immediately before the commencement day are to be transferred to
10 the account referred to in section 21 as soon as is practicable after that
day.
(2) The moneys standing to the credit of the account referred to in
section 23D of the Railways (Access) Act 1998 immediately before
the commencement day are to be transferred to the account referred to
15 in section 21 as soon as is practicable after that day.
11. References to former official in agreements and instruments
Any agreement or instrument subsisting immediately before the
commencement day --
(a) to which a former official is a party; or
20 (b) which contains a reference to a former official,
has effect after the commencement day as if --
(c) the Authority were substituted for the former official as a
party to the agreement or instrument; and
(d) any reference in the agreement or instrument to the former
25 official were (unless the context otherwise requires) amended
to be or include a reference to the Authority.
12. References to former official in written law
A reference to a former official in an enactment in force immediately
before the commencement day may, where the context so requires, be
30 read as if it had been amended to be a reference to the Authority.
page 70
Economic Regulation Authority Bill 2002
Transitional and saving provisions for amendments in Schedule 3
Schedule 2 Divisions 8, 12 and 18
13. Immunity to continue
Despite the amendments made in Schedule 2 Divisions 8, 12 and 18,
where a former official had the benefit of any immunity in respect of
an act, matter or thing done or omitted before the commencement day,
5 that immunity continues in that respect for the benefit of the
Authority.
14. Saving
The operation of any provision of this Schedule is not to be
regarded --
10 (a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
rights or liabilities of the disclosure of information;
15 (c) as giving rise to any remedy by a party to an instrument or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
20 unenforceable; or
(e) as releasing or allowing the release of any surety.
page 71
Economic Regulation Authority Bill 2002
Schedule 4 Transitional and saving provisions for amendments in
Schedule 2 Division 4
Schedule 4 -- Transitional and saving provisions for
amendments in Schedule 2 Division 4
[s. 63(2)]
1. Definitions
5 In this Schedule --
"commencement day" means the day on which this Schedule comes
into operation;
"Coordinator" means the Coordinator of Energy referred to in
section 4 of the Energy Coordination Act 1994;
10 "licensing functions" means the functions of the Coordinator under
Part 2A;
"Part 2A" means Part 2A of the Energy Coordination Act 1994 as in
effect before the commencement day.
2. Interpretation Act 1984 to apply
15 This Schedule does not limit the operation of the Interpretation Act 1984.
3. Licences under Part 2A
Without limiting the operation of clause 4, a licence that was in effect
under Part 2A immediately before the commencement day continues,
on and after that day, as a licence in effect under that Part as amended
20 by Schedule 2 Division 4.
4. Continuing effect of things done
On and after the commencement day any act, matter or thing done or
omitted to be done before that day by, to, or in respect of, the
Coordinator in the performance of licensing functions (to the extent
25 that that act, matter or thing has any force or effect) is to be taken to
have been done or omitted by, to, or in respect of, the Authority.
5. Completion of things begun
On and after the commencement day, anything lawfully commenced
by the Coordinator in the performance of licensing functions may, so
30 far as it is not contrary to this Act or any other written law that gives
functions to the Authority, be carried on and completed by the
Authority.
page 72
Economic Regulation Authority Bill 2002
Transitional and saving provisions for amendments in Schedule 4
Schedule 2 Division 4
6. Proceedings etc.
Any proceedings or remedy that immediately before the
commencement day might have been brought or continued by or
available against or to the Coordinator in relation to the performance
5 of licensing functions, may, on and after that day, be brought or
continued and are available, by or against or to the Authority.
7. Records
On and after the commencement day the Authority is to take delivery
of all papers, documents, minutes, books of account and other records
10 (however compiled, recorded or stored) that were, immediately before
that day, in the possession or under the control of the Coordinator and
related to the operations of the Coordinator under Part 2A.
8. References to Coordinator in agreements and instruments
(1) Any agreement or instrument subsisting immediately before the
15 commencement day --
(a) to which the Coordinator is a party; or
(b) which contains a reference to the Coordinator,
has effect after the commencement day as if --
(c) the Authority were substituted for the Coordinator as a party
20 to the agreement or instrument; and
(d) any reference in the agreement or instrument to the former
official were (unless the context otherwise requires) amended
to be or include a reference to the Coordinator.
(2) In this clause --
25 "agreement or instrument" means an agreement or instrument
relating to licensing functions.
9. References to Coordinator in written law
A reference to the Coordinator in an enactment in force immediately
before the commencement day that relates to licensing functions may,
30 where the context so requires, be read as if it had been amended to be
a reference to the Authority.
page 73
Economic Regulation Authority Bill 2002
Schedule 4 Transitional and saving provisions for amendments in
Schedule 2 Division 4
10. Immunity to continue
Despite the amendments made in Schedule 2 Division 4, where the
Coordinator had the benefit of any immunity in respect of an act,
matter or thing done or omitted before the commencement day in the
5 performance of licensing functions, that immunity continues in that
respect for the benefit of the Authority.
11. Saving
The operation of any provision of this Schedule is not to be
regarded --
10 (a) as a breach of contract or confidence or otherwise as a civil
wrong;
(b) as a breach of any contractual provision prohibiting,
restricting or regulating the assignment or transfer of assets,
rights or liabilities of the disclosure of information;
15 (c) as giving rise to any remedy by a party to an instrument or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of
any asset, right or liability;
(d) as causing any contract or instrument to be void or otherwise
20 unenforceable; or
(e) as releasing or allowing the release of any surety.
page 74
Economic Regulation Authority Bill 2002
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
access agreement........................................................................................20(5)
agreement or instrument .............................................................. Sch. 4, cl. 8(2)
Authority.......................................................................................................... 3
chairman .......................................................................................................... 3
chief employee ................................................................................................. 3
commencement day...................................................... Sch. 3, cl. 1, Sch. 4, cl. 1
Coordinator ......................................................................................Sch. 4, cl. 1
former official ..................................................................................Sch. 3, cl. 1
functions .......................................................................................................... 3
Gas Pipelines Access Regulator ........................................................Sch. 3, cl. 1
given..........................................................................................................55(5)
governing body................................................................................................. 3
inquiry ........................................................................................................... 44
licensing functions ...........................................................................Sch. 4, cl. 1
meeting ............................................................................................Sch. 1, cl. 1
member............................................................................................................ 3
Part 2A.............................................................................................Sch. 4, cl. 1
price................................................................................................................. 3
public sector employee ..................................................................................... 3
public service officer ..................................................................................18(1)
Rail Access Regulator ......................................................................Sch. 3, cl. 1
reference .................................................................................................. 31, 37
regulated industry............................................................................................. 3
relevant entity.............................................................................................20(5)
staff member .................................................................................................... 3
transitional matter.......................................................................................63(4)
page 75
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