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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Energy Safety Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
Part 2 -- Business plans
4. Draft business plan to be submitted to Minister 5
5. Transitional provision 5
6. Matters to be included in business plan 5
7. Contents of statement of intent 6
8. Contents of financial plan 6
9. Minister's powers in relation to draft business plan 7
10. Draft business plan must not be published without
Minister's approval 8
11. Minister's approval of draft business plan 8
12. Modifications of business plan 8
13. Director of Energy Safety must act in accordance
with statement of intent 8
Part 3 -- Energy safety levy
14. Minister may determine levy 9
15. Disallowance of levy notice 9
16. Notice of assessment 11
17. Payment of levy 11
18. Penalty for non-payment 12
19. Recovery of levy and interest 12
Part 4 -- Energy Safety Account
20. Energy Safety Account 13
21. Use of funds in Energy Safety Account 13
094--2 page i
Energy Safety Bill 2005
Contents
Part 5 -- Obtaining information and
investigation
22. Power to require information or material 15
23. Designation and identification of investigators 16
24. Powers of investigators 16
25. Complying with information requirements 18
26. False or misleading information 18
27. Obstructing or misleading an investigator 18
28. Confidentiality 19
Part 6 -- Miscellaneous
29. Delegation by chief executive officer 20
30. Offence by body corporate 20
31. Supplementary provision for laying document
before Parliament 21
32. Regulations 21
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Energy Safety Bill 2005
A Bill for
An Act to --
· make provision for the collection of a levy from certain energy
industry participants; and
· establish an account relating to energy safety, regulation and
management.
The Parliament of Western Australia enacts as follows:
page 1
Energy Safety Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Energy Safety Act 2005.
2. Commencement
5 This Act comes into operation on a day to be fixed by
proclamation.
3. Terms used in this Act
(1) In this Act, unless the contrary intention appears --
"business plan" means a business plan referred to in
10 section 11(1);
"chief executive officer" means the chief executive officer
under the Public Sector Management Act 1994 of the
department;
"department" means the department of the Public Service
15 principally assisting the Minister in the administration of
this Act;
"DES office" means --
(a) the Director of Energy Safety carrying out functions
as mentioned in subsection (2);
20 (b) staff appointed or made available under the Energy
Coordination Act 1994 to enable the Director of
Energy Safety to perform his or her functions; and
(c) persons engaged to assist in the performance of the
functions of the Director of Energy Safety;
25 "Director of Energy Safety" means the Director of Energy
Safety referred to in the Energy Coordination Act 1994
section 5;
"document" includes any tape, disc or other device or medium
on which information is recorded or stored mechanically,
30 photographically, electronically or otherwise;
page 2
Energy Safety Bill 2005
Preliminary Part 1
s. 3
"energy industry participant" means --
(a) a holder of a generation licence as defined in the
Electricity Industry Act 2004 section 3;
(b) a holder of an integrated regional licence as defined
5 in the Electricity Industry Act 2004 section 3 that
authorises the holder to operate generating works;
(c) a holder of a distribution licence as defined in the
Electricity Industry Act 2004 section 3;
(d) a holder of a transmission licence as defined in the
10 Electricity Industry Act 2004 section 3;
(e) a holder of a distribution licence as defined in the
Energy Coordination Act 1994 section 3;
(f) a person exempted under the Electricity Industry
Act 2004 or the Energy Coordination Act 1994 from
15 the requirement to hold a licence referred to in
paragraph (a), (b), (c), (d) or (e);
(g) a supply authority as defined in the Electricity
Act 1945 section 5;
(h) a distributor of liquefied petroleum gas; or
20 (i) any other person or class of person prescribed by the
regulations as an energy industry participant for the
purposes of this definition;
"energy safety activities" means --
(a) technical and safety regulation; and
25 (b) safety promotion and emergency management
activities,
related to the energy industry;
"Energy Safety Account" means the account established under
section 20;
30 "investigator" means a person designated as an investigator
under section 23(1);
"levy" means a levy determined under section 14(1) and
imposed under the Energy Safety Levy Act 2005;
page 3
Energy Safety Bill 2005
Part 1 Preliminary
s. 3
"levy notice" means a notice published under section 14(1);
"remuneration" includes salary, allowances, fees, emoluments
and benefits (whether in money or not);
(2) In this Act a reference to functions of the Director of Energy
5 Safety includes any or all of his or her functions --
(a) when acting in his or her capacity as Director of Energy
Safety; or
(b) when acting in relation to energy safety activities in any
other capacity as an officer of the department.
page 4
Energy Safety Bill 2005
Business plans Part 2
s. 4
Part 2 -- Business plans
4. Draft business plan to be submitted to Minister
(1) The chief executive officer and the Director of Energy Safety,
must in each year prepare, and submit to the Minister for his or
5 her approval, a draft business plan in relation to energy safety
activities.
(2) The first draft business plan must be submitted to the Minister
not later than 3 months before the start of the next financial year
and each subsequent draft business plan must be submitted to
10 the Minister not later than 6 months before the start of the next
financial year.
5. Transitional provision
The first business plan is to be in respect of the next full
financial year after which there has been compliance with
15 section 4(2).
6. Matters to be included in business plan
A business plan must include --
(a) a statement of intent in accordance with section 7;
(b) a financial plan in accordance with section 8;
20 (c) a statement setting out the total amount proposed to be
raised by way of levy in the relevant financial year;
(d) a description of --
(i) the financial model that is proposed to be used in
the relevant financial year to apportion the
25 amount to be raised by levy between the
electricity industry and the gas industry, and the
participants in each of those industries; and
(ii) the proposed formula or method for assessment
in relation to the levy;
30 and
page 5
Energy Safety Bill 2005
Part 2 Business plans
s. 7
(e) such other information as the Minister may require.
7. Contents of statement of intent
(1) A statement of intent must set out, in relation to energy safety
activities --
5 (a) the objectives of the DES office;
(b) the nature and scope of activities to be undertaken by the
DES office;
(c) the performance targets and other measures by which
the performance of the DES office may be judged and
10 related to the stated objectives; and
(d) the type of information and advice to be given to the
Minister by the Director of Energy Safety.
(2) A statement of intent must cover a forecast period of 5 years.
8. Contents of financial plan
15 A financial plan must set out, in relation to energy safety
activities --
(a) an outline of any proposed agreement for services and
facilities to be provided in the relevant financial year to
the Director of Energy Safety by the department or any
20 other public sector body;
(b) an outline of any other services and facilities to be
provided by the department to the Director of Energy
Safety in the relevant financial year; and
(c) a forecast of --
25 (i) the total estimated expenditure for remuneration
and labour costs of the DES office;
(ii) the total estimated expenditure for fixed and
variable operating costs and expenses of the DES
office, other than expenditure referred to in
30 subparagraph (i);
page 6
Energy Safety Bill 2005
Business plans Part 2
s. 9
(iii) the total estimated capital expenditure in relation
to the DES office; and
(iv) the total estimated retained revenue of the DES
office, including any amounts to be paid into the
5 Energy Safety Account under section 20(3)(b),
(c), (d) and (e),
in the relevant financial year.
9. Minister's powers in relation to draft business plan
(1) The Minister may return the draft business plan to the chief
10 executive officer and the Director of Energy Safety and request
them to --
(a) consider or further consider any matter and deal with the
matter in the draft plan; and
(b) revise the draft plan in the light of that consideration or
15 further consideration.
(2) The chief executive officer and the Director of Energy Safety
must comply with the request as soon as is practicable.
(3) If the chief executive officer, the Director of Energy Safety and
the Minister have not reached agreement on a draft business
20 plan by 4 months before the start of the next financial year, the
Minister may, by written notice, direct the chief executive
officer --
(a) to take specified steps in relation to the draft plan; or
(b) to make specified modifications to the draft plan.
25 (4) The chief executive officer must comply with the direction as
soon as is practicable and in any event within such reasonable
period as the Minister may specify.
page 7
Energy Safety Bill 2005
Part 2 Business plans
s. 10
10. Draft business plan must not be published without
Minister's approval
A draft business plan, or any part of a draft business plan, must
not be published or made available except for the purposes of
5 this Part, without the prior approval of the Minister.
11. Minister's approval of draft business plan
(1) When the Minister approves a draft business plan, it becomes,
with any modifications made under section 12, the business plan
for the relevant financial year.
10 (2) The Minister must, within 14 days of approving the draft
business plan, cause a copy of it to be laid before each House of
Parliament or dealt with in accordance with section 31.
12. Modifications of business plan
(1) A business plan may be modified by the chief executive officer
15 and the Director of Energy Safety, with the agreement of the
Minister.
(2) The Minister may, by written notice, direct the chief executive
officer to modify the business plan.
(3) Before giving the direction the Minister must consult with the
20 chief executive officer and the Director of Energy Safety and
take their views into account.
(4) The chief executive officer must comply with the direction as
soon as is practicable.
13. Director of Energy Safety must act in accordance with
25 statement of intent
The Director of Energy Safety must perform his or her functions
under the Energy Coordination Act 1994 section 7 in
accordance with the statement of intent included in the business
plan as existing from time to time, unless otherwise authorised
30 in writing by the Minister.
page 8
Energy Safety Bill 2005
Energy safety levy Part 3
s. 14
Part 3 -- Energy safety levy
14. Minister may determine levy
(1) The Minister may, by notice published in the Gazette,
specify --
5 (a) the total amount that is to be raised by way of levy for a
financial year;
(b) the method by which it is to be determined which energy
industry participants are to be liable to pay a levy;
(c) the formula or method for assessing the amount to be
10 paid by way of levy by each energy industry participant
who is liable to pay a levy; and
(d) the day or days on which the levy is payable.
(2) The notice must be published on or before 15 May in each year.
(3) The notice must be made by reference to the business plan that
15 covers the relevant financial year.
15. Disallowance of levy notice
(1) A levy notice must be laid before each House of Parliament
within 6 sitting days of that House next following the
publication of the levy notice in the Gazette.
20 (2) Notice of motion to disallow the levy notice may be given in
either House of Parliament within 10 sitting days of that House
after the levy notice has been laid before it under subsection (1).
(3) Within 10 sitting days of a House of Parliament after notice of
motion has been given under subsection (2), that House may
25 pass a resolution disallowing the levy notice.
(4) Subsection (2) does not apply to the first levy notice published
under section 14.
page 9
Energy Safety Bill 2005
Part 3 Energy safety levy
s. 15
(5) If either House of Parliament passes a resolution disallowing the
levy notice (the "disallowed notice") --
(a) the disallowed notice, and any notice of assessment
issued under section 16 in respect of the disallowed
5 notice, has no effect;
(b) the levy notice that last had effect (the "previous
notice") is to be taken to be the levy notice for the
relevant financial year except that the amount of levy
payable by an energy industry participant is to be
10 determined by varying the amount of levy last payable
by the energy industry participant by the percentage by
which the March CPI for the relevant year varies from
the previous March CPI;
(c) the chief executive officer is to act under section 16 as if
15 the previous notice, as modified by paragraph (b), had
just been published; and
(d) any moneys paid by a person pursuant to the disallowed
notice that are in excess of the amount required to be
paid by that person in accordance with the previous
20 notice, as modified by paragraph (b), are to be repaid to
that person.
(6) If either House of Parliament passes a resolution disallowing the
levy notice, notice of the disallowance must be published in the
Gazette within 21 days of the passing of the resolution.
25 (7) It does not matter whether or not a period of days referred to in
subsection (1), (2) or (3) or some of those days occur during the
same session of Parliament, or the same Parliament, as that in
which the levy notice is laid before the House of Parliament
concerned.
30 (8) In subsection (5)(b) --
"March CPI", for a relevant financial year, means the index
number for the quarter ending on the last 31 March before
the financial year commences, as shown in the Consumer
Price Index Numbers (All Groups Index) for Perth
page 10
Energy Safety Bill 2005
Energy safety levy Part 3
s. 16
published by the Commonwealth Statistician under the
Census and Statistics Act 1905 of the Commonwealth.
16. Notice of assessment
As soon as is practicable after a levy notice is published the
5 chief executive officer must, in accordance with the levy notice
and the regulations, if any --
(a) determine the energy industry participants liable to pay a
levy;
(b) assess the amount to be paid by way of levy by each of
10 those participants; and
(c) give a notice of assessment to each of those participants
specifying --
(i) the amount of levy payable;
(ii) the day on which the notice of assessment was
15 issued; and
(iii) the day or days on which the levy is payable.
17. Payment of levy
(1) An energy industry participant is liable to pay the levy assessed
in respect of that energy industry participant pursuant to a levy
20 notice.
(2) The levy becomes due and payable on the date or dates stated in
the assessment notice given to the energy industry participant
under section 16.
(3) If --
25 (a) the assessment notice given under section 16 provides
for the payment of the levy to be made in instalments;
and
page 11
Energy Safety Bill 2005
Part 3 Energy safety levy
s. 18
(b) an instalment is not paid at or before the time due for
payment of the instalment,
the whole of the levy unpaid becomes due and payable at that
time.
5 (4) The levy is payable to the chief executive officer.
18. Penalty for non-payment
(1) If an amount of a levy remains unpaid after the day on which it
becomes due for payment, there is payable to the chief
executive officer by way of penalty, in addition to the amount of
10 the levy, an amount calculated at the rate of 20% per annum
upon the amount of the levy from time to time remaining
unpaid.
(2) The amount by way of penalty referred to in subsection (1) is to
be calculated from the time when the amount of the levy
15 became payable.
19. Recovery of levy and interest
A levy that is due and payable, and an amount payable under
section 18, may be recovered by the chief executive officer in a
court of competent jurisdiction.
page 12
Energy Safety Bill 2005
Energy Safety Account Part 4
s. 20
Part 4 -- Energy Safety Account
20. Energy Safety Account
(1) In this section --
"operating account" means an operating account of the
5 department under the Financial Administration and Audit
Act 1985 section 15B.
(2) An account called the "Energy Safety Account" is to be
established --
(a) as an operating account; or
10 (b) as part of an operating account nominated by the chief
executive officer.
(3) The Energy Safety Account is to be credited with --
(a) any levy paid;
(b) any amount paid by way of penalty under section 18;
15 (c) fees paid for licences under the Electricity Act 1945 and
the Gas Standards Act 1972;
(d) any revenue received by the department from energy
safety activities; and
(e) any other moneys lawfully payable to the Energy Safety
20 Account.
21. Use of funds in Energy Safety Account
Money may be paid out of the Energy Safety Account for any or
all of the following purposes --
(a) payment of the costs and expenses related to energy
25 safety activities of the DES office, including payment of
related fixed and variable operating costs and capital
costs;
(b) payment of the costs of administering the Energy Safety
Account (including the costs of collecting levies and
30 penalties);
page 13
Energy Safety Bill 2005
Part 4 Energy Safety Account
s. 21
(c) payment of moneys under section 15(5)(d);
(d) any other purpose related to energy safety activities and
authorised in writing by the Minister.
page 14
Energy Safety Bill 2005
Obtaining information and investigation Part 5
s. 22
Part 5 -- Obtaining information and investigation
22. Power to require information or material
(1) The Director of Energy Safety may, for the purpose of
facilitating the preparation of a business plan and the
5 determination of a levy, require an energy industry
participant --
(a) to provide oral or written answers to specified questions
on a relevant matter; or
(b) to produce to the Director of Energy Safety specified
10 relevant material or relevant material of a specified
class, in the person's possession or control.
(2) The Director of Energy Safety may make the requirement --
(a) if an oral response is required -- orally; or
(b) in any other case -- by notice given to the person to
15 whom the requirement is addressed.
(3) A matter, or information or material required under
subsection (1), is relevant if it relates to --
(a) the generating capacity of the energy industry
participant;
20 (b) sites to which electricity or gas is supplied by the energy
industry participant; or
(c) a matter that is prescribed by the regulations.
(4) The Director of Energy Safety must --
(a) allow an energy industry participant a reasonable time
25 within which to comply with the requirement; and
(b) if the requirement is made by notice given to the person,
specify the time allowed in the notice.
(5) The Director of Energy Safety may require a person to verify
answers to questions by statutory declaration.
page 15
Energy Safety Bill 2005
Part 5 Obtaining information and investigation
s. 23
(6) An energy industry participant who does not comply with a
requirement under this section within the time allowed under
subsection (4) or within any further time allowed by the
Director of Energy Safety commits an offence.
5 Penalty: a fine of $20 000.
23. Designation and identification of investigators
(1) The Director may designate persons to be investigators for the
purposes of this Act.
(2) The Director must issue an identification card to each
10 investigator.
(3) An investigator should --
(a) carry his or her identification card while performing
functions under this Act; and
(b) if it is practicable to do so, produce it before exercising a
15 power of an investigator under this Act.
(4) A person who has been issued with an identification card and
who ceases to be an investigator must return the card to the
Director as soon as practicable.
(5) A person who contravenes subsection (4) without reasonable
20 excuse, the onus of proving which is on the person, commits an
offence.
Penalty: a fine of $1 000.
24. Powers of investigators
(1) An investigator may carry out an investigation for the following
25 purposes --
(a) to audit records relating to the payment of a levy;
(b) to gather evidence of a suspected contravention of
this Act;
(c) for any other purpose relevant to the administration of
30 this Act.
page 16
Energy Safety Bill 2005
Obtaining information and investigation Part 5
s. 24
(2) For the purpose of carrying out an investigation, an investigator
may at any time enter land or non-residential premises.
(3) When an investigator exercises a power of entry under
subsection (2), the investigator may do any or all of the
5 following --
(a) search the premises and examine anything on the
premises;
(b) take possession of, and remove from the premises,
documents, or anything else relevant to the
10 investigation;
(c) take extracts from or make copies of, or download or
print out, any documents found in the course of carrying
out his or her functions under this Act;
(d) photograph or film anything on the premises;
15 (e) require any person who is on the premises --
(i) to state his or her full name and address;
(ii) to answer (orally or in writing) questions put by
the investigator that are relevant to the
investigation;
20 (iii) to give the investigator any information in the
person's possession or control that is relevant to
the investigation;
(iv) to operate or allow the investigator to operate
equipment or facilities on the premises for
25 investigation purposes;
(v) to give the investigator any translation, code,
password or other information necessary to gain
access to or to interpret and understand any
document or information located or obtained by
30 the investigator in the course of exercising his or
her functions under this Act;
(vi) to give other assistance that the investigator
reasonably requires to carry out the investigation.
page 17
Energy Safety Bill 2005
Part 5 Obtaining information and investigation
s. 25
(4) A person who does not comply with a requirement under
subsection (3)(e) commits an offence.
Penalty: a fine of $20 000.
(5) If an investigator removes a document or other thing from
5 premises, the investigator must give the person who was in
possession of the document or thing a receipt for it.
(6) An investigator may retain a document or thing removed from
premises for so long as is necessary to examine it or copy it, or
both.
10 25. Complying with information requirements
(1) A person is not excused from complying with a requirement
under this Part to provide information or relevant material on
the grounds that complying with the requirement would tend to
incriminate the person or render the person liable to a penalty.
15 (2) However, information or material provided by the person in
compliance with the requirement is not admissible in evidence
in any proceedings against the person for an offence except an
offence against section 22(6), 24(4) or 26.
26. False or misleading information
20 A person must not provide information to the Director or an
investigator under this Part knowing it to be false or misleading
in a material particular.
Penalty: a fine of $20 000.
27. Obstructing or misleading an investigator
25 A person who hinders or obstructs an investigator in carrying
out functions under this Part commits an offence.
Penalty: a fine of $20 000.
page 18
Energy Safety Bill 2005
Obtaining information and investigation Part 5
s. 28
28. Confidentiality
The chief executive officer, the Director of Energy Safety or
any person performing functions under this Act must not,
directly or indirectly, record, disclose or make use of any
5 information obtained in the course of duty except --
(a) for the purpose of performing functions under this Act;
(b) as required or allowed by this Act or under a written
law; or
(c) with the written consent of the person to whom the
10 information relates.
Penalty: a fine of $20 000.
page 19
Energy Safety Bill 2005
Part 6 Miscellaneous
s. 29
Part 6 -- Miscellaneous
29. Delegation by chief executive officer
(1) The chief executive officer may delegate to another officer of
the department any power or duty of the chief executive officer
5 under another provision of this Act.
(2) The delegation must be in writing signed by the chief executive
officer.
(3) A person to whom a power or duty is delegated under this
section cannot delegate that power or duty.
10 (4) 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
in accordance with the terms of the delegation unless the
contrary is shown.
(5) Nothing in this section limits the ability of the chief executive
15 officer to perform a function through an officer or agent.
30. Offence by body corporate
(1) If a body corporate commits an offence against this Act each
director of the body corporate commits the offence and is liable
to the penalty prescribed for an individual who commits the
20 offence.
(2) It is a defence to a charge of an offence by a director under this
section to prove that the accused --
(a) did not aid, abet, counsel or procure the act or omission
of the body corporate concerned; and
25 (b) was not in any way, by act or omission, directly or
indirectly, knowingly concerned in, or party to, the act
or omission of the body corporate.
page 20
Energy Safety Bill 2005
Miscellaneous Part 6
s. 31
31. Supplementary provision for laying document before
Parliament
(1) If --
(a) at the commencement of the period referred to in
5 section 11(2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit
during that period,
the Minister is to transmit a copy of the document to the Clerk
of that House.
10 (2) A copy of a document transmitted to the Clerk of a House is to
be taken to have been laid before that House.
(3) The laying of a copy of a document that is taken to have
occurred under subsection (2) must be recorded in the Minutes,
or Votes and Proceedings, of the House on the first sitting day
15 of the House after the receipt of the copy by the Clerk.
32. Regulations
(1) The Governor may make regulations for or with respect to any
matter that by this Act is required or permitted to be prescribed,
or that is necessary or convenient to be prescribed, for carrying
20 out or giving effect to this Act.
(2) Without limiting subsection (1), regulations may be made --
(a) as to the provision of information by a person to the
Director for the purpose of ascertaining whether the
person is an energy industry participant, or is an energy
25 industry participant who is liable to pay a levy;
(b) as to the procedure for assessing and collecting a levy;
and
(c) prescribing a penalty not exceeding $10 000 for an
offence against the regulations.
30
page 21
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