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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Electricity Industry Amendment Bill 2019
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electricity Industry Act 2004
amended
3. Act amended 3
4. Section 3 amended 3
5. Section 11 amended 7
6. Sections 23 and 24 amended 7
7. Section 30 amended 7
8. Section 39A amended 7
9. Section 102 amended 7
10. Section 103 amended 8
11. Section 104 replaced 8
104. Minister to establish Code 8
104A. Code to provide for coverage of networks 9
104B. Code to provide for full regulation of
access to services of covered networks 10
12. Section 105 amended 12
13. Section 107 amended 12
14. Section 108 amended 13
15. Section 111 amended 13
16. Section 115 amended 13
17. Section 116 amended 14
18. Part 8 Division 4 deleted 14
19. Part 8A inserted 15
Part 8A -- Pilbara networks
Division 1 -- Preliminary
119. Purposes and objective of this Part 15
120. Terms used 16
154--1 page i
Electricity Industry Amendment Bill 2019
Contents
Division 2 -- Pilbara Networks Access Code
120A. Minister to establish Pilbara Networks
Access Code 18
120B. Pilbara Networks Access Code -- covered
Pilbara networks 18
120C. Pilbara Networks Access Code -- light
regulation 20
120D. Additional matters for Pilbara Networks
Access Code and other instruments 23
120E. Additional matters for Pilbara Networks
Access Code: more than one provider for
network 25
120F. Consequential amendments to the Code 26
120G. Pilbara Networks Access Code is
subsidiary legislation 26
120H. Public comment on amendment or
replacement of Pilbara Networks Access
Code 28
120I. Exception to section 120H 29
120J. Consultation with network service
providers on amendment or replacement
of Pilbara Networks Access Code 29
Division 3 -- Pilbara networks rules
120K. Regulations to provide for Pilbara
networks rules 30
120L. Pilbara networks rules not subsidiary
legislation 31
120M. Establishment and amendment of Pilbara
networks rules 31
120N. General matters to be dealt with in
regulations 32
120O. Additional matters to be dealt with in
regulations or rules 34
120P. Additional matters to be dealt with in rules:
more than one provider 36
Division 4 -- Pilbara networks technical rules
120Q. Technical rules 37
Division 5 -- Enforcement
120R. References to contravening regulations,
Pilbara Networks Access Code or Pilbara
networks rules 37
120S. Prohibitions on hindering or preventing
access 38
120T. Proceedings 40
120U. Criminal proceedings do not lie 41
120V. Regulations as to enforcement of Pilbara
Networks Access Code and Pilbara
networks rules 41
page ii
Electricity Industry Amendment Bill 2019
Contents
Division 6 -- Independent system operator
120W. Independent system operator 43
120X. Regulations relating to Pilbara ISO 44
Division 7 -- Functions of Authority
120Y. Functions of Authority 45
Division 8 -- Reviews of decisions
120Z. Reviews of decisions 45
Division 9 -- Immunity
120ZA. Terms used 46
120ZB. Immunity of participants and their officers
or employees 47
120ZC. Regulations may limit or affect immunity 49
120ZD. Limitation on immunity after initial period 49
120ZE. Liability of officer of an entity to that entity
not affected 50
Division 10 -- Competition authorisation
120ZF. Competition authorisation by regulation 50
Division 11 -- Review of system
120ZG. Review of regulation of Pilbara networks 50
120ZH. Public consultation 51
Division 12 -- Transitional provisions
120ZI. Pilbara Networks Access Code and
Pilbara networks rules do not affect
existing agreements 52
20. Section 126 amended 53
21. Section 127 amended 54
22. Section 128 amended 54
23. Section 129 amended 54
24. Section 129B amended 55
25. Section 129F amended 55
26. Part 9B inserted 55
Part 9B -- Temporary access contribution
129K. Purpose of this Part 55
129L. Terms used 55
129M. Temporary Access Contribution Account 57
129N. Determination of temporary access
contributions 57
129O. Treasurer may seek advice from the
Authority 58
129P. Payment and passing on of temporary
access contribution 59
129Q. Payments from Temporary Access
Contribution Account 60
129R. Information 60
page iii
Electricity Industry Amendment Bill 2019
Contents
129S. Treasurer to recommend regulations 60
129T. Delegation by Treasurer 61
27. Section 130 amended 61
28. Section 131B inserted 62
131B. Enforcement of the regulations 62
29. Section 133 amended 63
Part 3 -- Consequential amendments
to other Acts
30. Electricity Corporations Act 2005 amended 64
31. Energy Operators (Powers) Act 1979 amended 65
page iv
Western Australia
LEGISLATIVE ASSEMBLY
Electricity Industry Amendment Bill 2019
A Bill for
An Act to amend the Electricity Industry Act 2004, and to amend the
Electricity Corporations Act 2005 and the Energy Operators (Powers)
Act 1979 consequentially.
The Parliament of Western Australia enacts as follows:
page 1
Electricity Industry Amendment Bill 2019
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Electricity Industry Amendment Act 2019.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on the day after the day on which
9 this Act receives the Royal Assent.
page 2
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 3
1 Part 2 -- Electricity Industry Act 2004 amended
2 3. Act amended
3 This Part amends the Electricity Industry Act 2004.
4 4. Section 3 amended
5 (1) In section 3 delete "In this Act," and insert:
6
7 (1) In this Act,
8
9 (2) In section 3 delete the definitions of:
10 distribution system
11 generating works
12 transmission system
13 (3) In section 3 insert in alphabetical order:
14
15 access, in relation to services, has the same meaning
16 that it has when used in that context in the Competition
17 and Consumer Act 2010 (Commonwealth);
18 Code means the Code for the time being in force under
19 section 104;
20 Competition Principles Agreement means the
21 Competition Principles Agreement made on
22 11 April 1995 by the Commonwealth, the States and
23 the Territories, as in force for the time being;
24 covered network means network infrastructure
25 facilities that --
26 (a) were covered by the Code immediately before
27 the day on which the Electricity Industry
28 Amendment Act 2019 section 4(3) comes into
29 operation and that have not ceased to be a
30 covered network; or
page 3
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 4
1 (b) the Minister has decided under the Code are to
2 be a covered network and that have not ceased
3 to be a covered network; or
4 (c) are prescribed in the Pilbara Networks Access
5 Code under section 120B(a) to be a covered
6 Pilbara network and that have not ceased to be
7 so prescribed; or
8 (d) a network service provider has opted, under the
9 Pilbara Networks Access Code, to be regulated
10 under Part 8A and that --
11 (i) have not ceased to be so regulated under
12 that code as a consequence of an option
13 by the network service provider for the
14 facilities to cease to be so regulated; or
15 (ii) have not otherwise ceased to be a
16 covered network;
17 covered Pilbara network means a covered network that
18 is located wholly or partly in the Pilbara region;
19 distribution system means electricity infrastructure
20 used, or to be used, for, or in connection with, or to
21 control, the transportation of electricity at nominal
22 voltages of less than 66 kV;
23 electricity infrastructure --
24 (a) means wires, apparatus, equipment, plant or
25 buildings used, or to be used, for, or in
26 connection with, or to control, the
27 transportation of electricity; and
28 (b) includes electrical equipment used, or to be
29 used, to transfer electricity to or from an
30 electricity network at the relevant point of
31 connection including any transformers or
32 switchgear at the relevant point or that is
33 installed to support, or to provide backup to,
page 4
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 4
1 that electrical equipment as is necessary for that
2 transfer;
3 electricity network means a distribution system or a
4 transmission system;
5 generating works means any wires, apparatus,
6 equipment, plant or buildings used, or to be used, for,
7 or in connection with, or to control, the generation of
8 electricity;
9 network infrastructure facilities --
10 (a) means electricity infrastructure used, or to be
11 used, for the purpose of transporting electricity
12 from generators of electricity to other
13 electricity infrastructure or to end users of
14 electricity; and
15 (b) includes stand-alone power systems, or storage
16 works, used, or to be used, as an adjunct to
17 electricity infrastructure;
18 Pilbara network means network infrastructure facilities
19 that are located wholly or partly in the Pilbara region;
20 Pilbara Networks Access Code means the Pilbara
21 Networks Access Code for the time being in force
22 under Part 8A Division 2;
23 Pilbara networks rules means the Pilbara networks
24 rules for the time being in force under Part 8A
25 Division 3;
26 Pilbara region means the Pilbara region defined in the
27 Regional Development Commissions Act 1993
28 Schedule 1;
29 services means --
30 (a) the transport of electricity, and other services,
31 provided by means of network infrastructure
32 facilities; and
33 (b) services ancillary to those services;
page 5
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 4
1 stand-alone power system means wires, apparatus,
2 equipment, plant or buildings (including generating
3 works, a distribution system and any storage works) --
4 (a) which together are used, or to be used, for, or in
5 connection with, or to control, the supply of
6 electricity to a single customer or not more than
7 a prescribed number of customers; and
8 (b) which are not connected to another electricity
9 network (other than that of the customer or
10 customers);
11 storage activity means an activity comprising all of the
12 following --
13 (a) receiving energy in the form of electricity;
14 (b) storing the received energy in any form;
15 (c) discharging the stored energy in the form of
16 electricity;
17 storage works means any wires, apparatus, equipment,
18 plant or buildings used, or to be used, for, or in
19 connection with, or to control, a storage activity;
20 transmission system means electricity infrastructure
21 used, or to be used, for, or in connection with, or to
22 control, the transportation of electricity at nominal
23 voltages of 66 kV or higher.
24
25 (4) At the end of section 3 insert:
26
27 (2) In this Act, a reference to the regulation of a covered
28 network under Part 8 or 8A, or of a covered Pilbara
29 network under Part 8A, is a reference to access to the
30 services of that network being regulated under that
31 Part.
32
page 6
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 5
1 5. Section 11 amended
2 Delete section 11(4)(b) and insert:
3
4 (b) the Code; or
5 (ba) in the case of a licence that relates to a Pilbara
6 network --
7 (i) the Pilbara Networks Access Code, if
8 the network is regulated under Part 8A;
9 and
10 (ii) the Pilbara networks rules, if they apply
11 to the network;
12 or
13
14 6. Sections 23 and 24 amended
15 In sections 23(2)(g) and 24 delete "internet".
16 7. Section 30 amended
17 In section 30 delete "Trade Practices Act 1974 of the
18 Commonwealth" and insert:
19
20 Competition and Consumer Act 2010 (Commonwealth)
21
22 8. Section 39A amended
23 In section 39A(10)(b)(ii) delete "internet".
24 9. Section 102 amended
25 In section 102(a) after "provide" insert:
26
27 for full regulation of
28
page 7
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 10
1 10. Section 103 amended
2 (1) In section 103 delete the definitions of:
3 access
4 Code
5 Competition Principles Agreement
6 network infrastructure facilities
7 services
8 (2) In section 103 insert in alphabetical order:
9
10 network service provider means a person who operates
11 network infrastructure facilities;
12 network user means a person provided or to be
13 provided with access to services under an access
14 agreement.
15
16 (3) In section 103 in the definition of access agreement delete "(a
17 network user)".
18 (4) In section 103 in the definition of access arrangement delete
19 "section 104(2)(c)" and insert:
20
21 section 104B(a)
22
23 11. Section 104 replaced
24 Delete section 104 and insert:
25
26 104. Minister to establish Code
27 The Minister is to establish a Code for the purposes of,
28 and in accordance with, this Part.
page 8
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 11
1 104A. Code to provide for coverage of networks
2 (1) Provision is to be made in the Code --
3 (a) prescribing the processes (including the matters
4 to be considered and the criteria to apply) by
5 which the Minister is to decide whether
6 network infrastructure facilities are to be a
7 covered network; and
8 (b) prescribing the processes (including the matters
9 to be considered and the criteria to apply) by
10 which the Minister is to decide whether a
11 covered network is to cease to be a covered
12 network; and
13 (c) for the manner in which a decision referred to
14 in paragraph (a) or (b) is to be published and
15 come into effect.
16 (2) A covered network is regulated under this Part (that is,
17 access to services of the network is subject to full
18 regulation) unless, in the case of a covered Pilbara
19 network, the network is regulated under Part 8A (that
20 is, access to services of the network is subject to light
21 regulation).
22 (3) A decision under the Code as to whether network
23 infrastructure facilities are to be a covered network or
24 are to cease to be a covered network is not liable to be
25 challenged in, or reviewed or called in question by, a
26 court or tribunal otherwise than under section 130.
27 (4) A stand-alone power system cannot be a covered
28 network on its own but it may, in accordance with the
29 Code, be treated as part of the covered network to
30 which it is an adjunct.
page 9
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 11
1 104B. Code to provide for full regulation of access to
2 services of covered networks
3 Provision is to be made in the Code for or in relation to
4 the following in relation to covered networks that are
5 regulated under this Part --
6 (a) the lodgment by a network service provider of
7 an arrangement for its covered networks setting
8 out --
9 (i) the policies applying to access to
10 services; and
11 (ii) the basic terms and conditions that will
12 apply to access to services unless an
13 access agreement contains different
14 terms and conditions; and
15 (iii) any other matters prescribed by the
16 Code;
17 (b) the production by a network service provider of
18 information to enable persons to understand the
19 derivation of the elements of an arrangement
20 for its covered networks lodged under
21 paragraph (a), whether or not that arrangement
22 has become an access arrangement;
23 (c) the approval by the Authority of arrangements
24 lodged under paragraph (a) and the matters to
25 which the Authority is to have regard in
26 deciding whether to give its approval;
27 (d) the registration of access arrangements;
28 (e) access by persons to services of a covered
29 network as provided for in the access
30 arrangement for the covered network and in
31 accordance with --
32 (i) access agreements; or
33 (ii) determinations made by way of
34 arbitration;
page 10
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 11
1 (f) network access pricing regulation principles;
2 (g) the rights, powers and duties that are to apply to
3 and in relation to the negotiation, making, and
4 implementation of access agreements;
5 (h) the duties and requirements in relation to the
6 provision of access to services that are to be
7 complied with by a network service provider;
8 (i) access arrangements to provide for any matter
9 referred to in paragraphs (f), (g) and (h);
10 (j) the obligations of a network service provider in
11 respect of the segregation of the functions and
12 business of providing services from the
13 network service provider's other functions and
14 business and enabling the Authority to add to
15 those obligations or waive any of them;
16 (k) services between related bodies corporate (as
17 defined in the Corporations Act 2001
18 (Commonwealth) section 9);
19 (l) the rights and obligations of network users;
20 (m) the formulation by a network service provider,
21 and approval by the Authority, of technical
22 codes for the purposes of access to services that
23 are to be complied with by network users and
24 other persons specified in the Code;
25 (n) the disclosure and use of confidential
26 information;
page 11
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 12
1 (o) the supervisory or other functions of the
2 Authority for the purposes of the Code,
3 including a function of determining certain
4 requirements in relation to access to the
5 services of covered networks that are to be
6 complied with by a network service provider or
7 a person making a proposal for access to
8 services and applied by the arbitrator.
9
10 12. Section 105 amended
11 In section 105(1):
12 (a) after paragraph (c) insert:
13
14 (ca) access to the services of stand-alone power
15 systems; and
16 (cb) the regulation of the powers of the Electricity
17 Networks Corporation and Regional Power
18 Corporation to provide stand-alone power
19 systems or storage works; and
20
21 (b) after each of paragraphs (a) to (c) insert:
22
23 and
24
25 13. Section 107 amended
26 In section 107(6) delete "under subsection (5), the Code" and
27 insert:
28
29 in whole or in part under subsection (5), the Code, or the
30 disallowed part of the Code (as applicable)
31
page 12
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 14
1 14. Section 108 amended
2 In section 108(2):
3 (a) in paragraph (a) delete "internet";
4 (b) in paragraph (b)(i) delete "places" and insert:
5
6 website
7
8 (c) delete paragraph (b)(iii) and insert:
9
10 (iii) the address (including an email address)
11 to which the submissions may be
12 delivered or sent.
13
14 15. Section 111 amended
15 In section 111(4):
16 (a) in paragraph (a) delete "internet";
17 (b) delete paragraph (b)(ii) and insert:
18
19 (ii) the address (including an email address)
20 to which the submissions may be
21 delivered or sent.
22
23 16. Section 115 amended
24 (1) In section 115(1):
25 (a) delete "network infrastructure facilities covered by the
26 Code," and insert:
27
28 a covered network that is regulated under this Part,
29
page 13
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 17
1 (b) in paragraph (b) delete "those facilities; or" and insert:
2
3 that network; or
4
5 (2) In section 115(2) delete "network infrastructure facilities
6 covered by the Code." and insert:
7
8 a covered network that is regulated under this Part.
9
10 (3) In section 115(6) in the definition of "associate" delete "Part 1.2
11 Division 2 of the Corporations Act 2001 of the Commonwealth
12 if sections 13, 14," and insert:
13
14 the Corporations Act 2001 (Commonwealth) Part 1.2 Division 2
15 if sections 13,
16
17 17. Section 116 amended
18 In section 116(2)(b) delete "under this Act or the Code of the
19 Minister, the arbitrator or the Board." and insert:
20
21 made under this Act or the Code.
22
23 18. Part 8 Division 4 deleted
24 Delete Part 8 Division 4.
page 14
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 19. Part 8A inserted
2 After Part 8 insert:
3
4 Part 8A -- Pilbara networks
5 Division 1 -- Preliminary
6 119. Purposes and objective of this Part
7 (1) The purposes of this Part are --
8 (a) to provide for light regulation of access to
9 services of covered Pilbara networks; and
10 (b) to give effect to the relevant principles of the
11 Competition Principles Agreement in respect of
12 the provision of access to services of certain
13 covered Pilbara networks; and
14 (c) to provide for the operation, management,
15 security and reliability of the interconnected
16 Pilbara system and other Pilbara networks.
17 (2) The objective of this Part (the Pilbara electricity
18 objective) is to promote efficient investment in, and
19 efficient operation and use of, services of Pilbara
20 networks for the long-term interests of consumers of
21 electricity in the Pilbara region in relation to --
22 (a) price, quality, safety, reliability and security of
23 supply of electricity; and
24 (b) the reliability, safety and security of any
25 interconnected Pilbara system.
26 (3) The regulations, the Pilbara Networks Access Code
27 and the Pilbara networks rules may provide for the
28 matters a person or body who performs a function
29 under this Part is to have regard to in determining
page 15
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 whether the performance of the function meets the
2 Pilbara electricity objective.
3 (4) Without limiting subsection (3), the matters referred to
4 in that subsection may include the following --
5 (a) the contribution of the Pilbara resources
6 industry to the State's economy;
7 (b) the nature and scale of investment in the Pilbara
8 resources industry;
9 (c) the importance to the Pilbara resources industry
10 of a secure and reliable electricity supply.
11 120. Terms used
12 In this Part, unless the contrary intention appears --
13 interconnected Pilbara network means a Pilbara
14 network that is interconnected with another Pilbara
15 network;
16 interconnected Pilbara system means a system of
17 interconnected Pilbara networks, including the
18 following when connected to an interconnected Pilbara
19 network --
20 (a) generating works and associated works;
21 (b) loads;
22 (c) facilities, including electricity storage facilities;
23 Pilbara access agreement means an agreement under
24 the Pilbara Networks Access Code between a network
25 service provider and another person for that person to
26 have access to services of a covered Pilbara network;
27 Pilbara electricity objective, see section 119(2);
28 Pilbara ISO, see section 120W;
page 16
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 Pilbara network service provider means a person
2 who --
3 (a) owns, controls or operates a Pilbara network or
4 any part of a Pilbara network; or
5 (b) proposes to own, control or operate a Pilbara
6 network or any part of a Pilbara network;
7 Pilbara network user means a person provided or to be
8 provided with access to services under a Pilbara access
9 agreement but does not include the Pilbara ISO;
10 Pilbara networks participant means --
11 (a) the Pilbara ISO; or
12 (b) a Pilbara network service provider; or
13 (c) a licensee of a generation licence if the
14 generating works to which the licence applies
15 are connected to a Pilbara network; or
16 (d) a licensee of a transmission licence if the
17 transmission system is, or is part of, a Pilbara
18 network; or
19 (e) a licensee of a distribution licence if the
20 distribution system is, or is part of, a Pilbara
21 network; or
22 (f) a licensee of a retail licence who sells
23 electricity transported through a Pilbara
24 network; or
25 (g) a licensee of an integrated regional licence if at
26 least one of the activities under the licence is an
27 activity of a kind that could be covered by a
28 licence referred to in paragraphs (c) to (f); or
29 (h) a Pilbara network user; or
30 (i) a person on whom functions are conferred
31 under this Part; or
32 (j) a person on whom functions relating to this Part
33 are conferred by another written law; or
page 17
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 (k) a person who is registered under the Pilbara
2 networks rules as required by the regulations;
3 or
4 (l) a person whose conduct is regulated, or on
5 whom obligations are imposed, by regulations
6 made under section 120N(2)(a).
7 Division 2 -- Pilbara Networks Access Code
8 120A. Minister to establish Pilbara Networks Access Code
9 (1) The Minister is to establish, in accordance with this
10 Part, a code to be called the Pilbara Networks Access
11 Code --
12 (a) to give effect to the purposes set out in
13 section 119(1)(a) and (b); and
14 (b) to meet the Pilbara electricity objective.
15 (2) The Pilbara Networks Access Code may be established
16 by amendment to the Code or by a separate instrument.
17 120B. Pilbara Networks Access Code -- covered Pilbara
18 networks
19 Provision is to be made in the Pilbara Networks Access
20 Code for or in relation to the following --
21 (a) prescribing Pilbara networks that are to be
22 covered Pilbara networks regulated under this
23 Part with effect from the coming into operation
24 of the Pilbara Networks Access Code;
25 (b) prescribing the processes (including the matters
26 to be considered and the criteria to apply) by
27 which the Minister is to decide the following --
28 (i) whether a covered Pilbara network is to
29 be regulated under this Part;
page 18
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 (ii) whether a covered Pilbara network that
2 is regulated under this Part is to cease to
3 be regulated under this Part;
4 (c) the manner in which a decision referred to in
5 paragraph (b) is to be published and come into
6 effect;
7 (d) prescribing the circumstances in which a
8 Pilbara network service provider may opt for a
9 Pilbara network to be regulated under this Part
10 and the processes for making, and determining
11 the outcome of, that option;
12 (e) prescribing the circumstances in which a
13 Pilbara network service provider that opted for
14 a Pilbara network to be regulated under this
15 Part may opt for the network to cease to be
16 regulated under this Part and the processes for
17 making, and determining the outcome of, that
18 option;
19 (f) the effect on any processes, requirements,
20 access arrangements or access agreements or
21 other matter or thing under the Code or the
22 Pilbara Networks Access Code or any contract
23 of --
24 (i) a decision referred to in paragraph (b)
25 that a covered Pilbara network is to be
26 regulated under this Part; or
27 (ii) a decision referred to in paragraph (b)
28 that a covered Pilbara network is to
29 cease to be regulated under this Part; or
30 (iii) a Pilbara network service provider
31 opting for a Pilbara network to be
32 regulated under this Part; or
33 (iv) a Pilbara network service provider
34 opting for a covered Pilbara network to
35 cease to be regulated under this Part;
page 19
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 (g) any transitional matters for the purposes of
2 paragraphs (a) to (f);
3 (h) generally, the relationship between the Code
4 and the Pilbara Networks Access Code,
5 including things done under, or governed by,
6 the Code or the Pilbara Networks Access Code.
7 120C. Pilbara Networks Access Code -- light regulation
8 Provision is to be made in the Pilbara Networks Access
9 Code for or in relation to the following matters in
10 relation to covered Pilbara networks --
11 (a) access by persons to services of covered Pilbara
12 networks in accordance with --
13 (i) Pilbara access agreements; or
14 (ii) determinations made by way of
15 arbitration;
16 (b) Pilbara access agreements and contracts to be
17 subject to determinations or requirements of the
18 Pilbara ISO;
19 (c) network access pricing regulation principles;
20 (d) the procedures, requirements, methodologies,
21 guidelines, parameters, values and processes to
22 be followed or used by a Pilbara network
23 service provider in connection with prices,
24 tariffs, revenue and costs;
25 (e) the rights, powers and duties that are to apply to
26 and in relation to the negotiation, making, and
27 implementation of Pilbara access agreements;
28 (f) the duties and requirements in relation to the
29 provision of access to services that are to be
30 complied with by a Pilbara network service
31 provider;
page 20
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 (g) requiring a Pilbara network service provider to
2 develop and publish the following in relation to
3 its services --
4 (i) standing prices for connection and
5 access to its services, including
6 reasonable details of the methodologies
7 and assumptions used in determining
8 standing prices; and
9 (ii) standing terms for connection and
10 access to its services; and
11 (iii) information to assist persons seeking
12 connection and access to its services;
13 (h) the circumstances in which a Pilbara network
14 service provider may or may not offer or agree
15 to different prices and terms for different
16 Pilbara network users (including prices and
17 terms determined in accordance with provisions
18 made under paragraphs (c) to (g));
19 (i) access to the services of stand-alone power
20 systems;
21 (j) providing for the resolution of disputes in
22 relation to connection and access to services or
23 in relation to things done or omitted to be done
24 by a Pilbara network service provider under the
25 Pilbara Networks Access Code including --
26 (i) arbitration of disputes by a person or
27 body that is determined or appointed in
28 accordance with the Pilbara Networks
29 Access Code; and
30 (ii) the conferral of functions on a person or
31 body arbitrating disputes;
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1 (k) conferring functions on the Authority,
2 including --
3 (i) supervisory and other functions for the
4 purposes of the Pilbara Networks
5 Access Code, including dispute
6 resolution functions; and
7 (ii) the function of determining
8 requirements (including prices and
9 terms) in relation to access to services
10 that are to be complied with by a Pilbara
11 network service provider or a person
12 seeking access to services and applied
13 by a person or body arbitrating disputes;
14 and
15 (iii) the issuing of guidelines for the
16 purposes of this Division;
17 (l) the obligations of Pilbara networks participants
18 to comply with guidelines issued by the
19 Authority;
20 (m) the obligations of a Pilbara network service
21 provider in respect of the segregation of the
22 functions and business of providing services
23 from the Pilbara network service provider's
24 other functions and business;
25 (n) requiring the approval by the Authority of a
26 proposed segregation referred to in
27 paragraph (m) and enabling the Authority to
28 amend the proposal or add to or waive any of
29 the obligations;
30 (o) services between related bodies corporate (as
31 defined in the Corporations Act 2001
32 (Commonwealth) section 9);
33 (p) conferring rights and imposing obligations on
34 Pilbara networks participants;
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1 (q) regulating the disclosure and use of confidential
2 or commercially sensitive information;
3 (r) conferring functions on --
4 (i) the Minister; or
5 (ii) the Pilbara ISO;
6 (s) in respect of costs incurred in the performance
7 of functions conferred on the Authority or the
8 Pilbara ISO, provide for --
9 (i) the implementation of accounting
10 arrangements to enable those costs to be
11 identified; and
12 (ii) the allocation of those costs between
13 Pilbara networks participants; and
14 (iii) in the case of the Pilbara ISO, any costs
15 incurred in anticipation of, or
16 preparation for, the performance of the
17 functions of the Pilbara ISO; and
18 (iv) the recovery of those costs;
19 (t) providing for the relationship between the
20 Minister, or another Minister, and a participant
21 referred to in section 120ZA in respect of the
22 performance of the functions of the participant;
23 (u) providing for the regulation of matters --
24 (i) of a savings, transitional or
25 supplementary nature; or
26 (ii) that are otherwise necessary or
27 convenient for the purposes of this
28 Division.
29 120D. Additional matters for Pilbara Networks Access
30 Code and other instruments
31 (1) The regulations or the Pilbara Networks Access Code
32 may provide that if the disclosure or use of confidential
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1 or commercially sensitive information is authorised by
2 the regulations or the Pilbara Networks Access
3 Code --
4 (a) no civil or criminal liability is incurred in
5 respect of the use or disclosure; and
6 (b) the use or disclosure is not to be regarded as --
7 (i) a breach of any duty of confidentiality
8 or secrecy imposed by law or contract;
9 or
10 (ii) a breach of professional ethics or
11 standards or any principles of conduct
12 applicable to a person's employment; or
13 (iii) unprofessional conduct.
14 (2) The regulations, the Pilbara Networks Access Code, an
15 instrument made under the Pilbara Networks Access
16 Code or an instrument amending any of them, may
17 apply, adopt or incorporate, with or without
18 modification, material contained in any other document
19 or writing as in effect or existing --
20 (a) when the regulations, Pilbara Networks Access
21 Code, instrument or amending instrument
22 comes into operation; or
23 (b) at a specified prior time.
24 (3) Without limiting section 120C(s), if it is inappropriate
25 to prescribe a set fee or charge in connection with the
26 performance of a particular function, the regulations or
27 the Pilbara Networks Access Code may provide for the
28 method of calculating the fee or charge, including
29 calculation according to the cost of performing that
30 function.
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1 (4) The following decisions are not liable to be challenged
2 in, or reviewed or called in question by, a court or
3 tribunal otherwise than under section 130 --
4 (a) a decision under the Pilbara Networks Access
5 Code as to whether a covered Pilbara network
6 is to be regulated under this Part or is to cease
7 to be regulated under this Part;
8 (b) a decision under the Pilbara Networks Access
9 Code as to whether a Pilbara network service
10 provider does or does not satisfy the
11 requirements to --
12 (i) opt for the Pilbara network to be
13 regulated under this Part; or
14 (ii) opt for the covered Pilbara network to
15 cease to be regulated under this Part.
16 (5) The regulations or the transitional provisions referred
17 to in section 120C(u)(i) may authorise the Minister to
18 determine by order published in the Gazette how any
19 matter or thing in progress immediately before the
20 commencement of the Pilbara Networks Access Code
21 is to be treated, after that commencement, for the
22 purposes of the provisions of the Pilbara Networks
23 Access Code.
24 120E. Additional matters for Pilbara Networks Access
25 Code: more than one provider for network
26 The Pilbara Networks Access Code may provide for
27 the following --
28 (a) that if there is more than one Pilbara network
29 service provider for a Pilbara network and a
30 thing is required or permitted under the Pilbara
31 Networks Access Code to be done by the
32 Pilbara network service providers, one of the
33 Pilbara network service providers may, with the
34 consent of one or more of the other providers,
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1 do that thing on behalf of those consenting
2 providers;
3 (b) that a thing done or omitted to be done by a
4 Pilbara network service provider on behalf of
5 another Pilbara network service provider for a
6 Pilbara network as referred to in paragraph (a)
7 is taken to have been done or omitted to be
8 done by that other Pilbara network service
9 provider;
10 (c) that if there is more than one Pilbara network
11 service provider that is a party to an access
12 arrangement for a Pilbara network and that
13 arrangement allocates things required or
14 permitted under the Pilbara Networks Access
15 Code to be done between those Pilbara network
16 service providers, the provider to whom the
17 thing is allocated under that arrangement is
18 required or permitted to do that thing.
19 120F. Consequential amendments to the Code
20 (1) The Minister may amend the Code to give effect to,
21 and make any consequential amendments relating to,
22 the Pilbara Networks Access Code.
23 (2) Sections 108 and 109 do not apply to the making of
24 amendments to the Code mentioned in subsection (1)
25 in connection with the establishment of the initial
26 Pilbara Networks Access Code.
27 120G. Pilbara Networks Access Code is subsidiary
28 legislation
29 (1) In this section --
30 Pilbara Networks Access Code includes --
31 (a) an amendment of the Pilbara Networks Access
32 Code; or
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1 (b) a code repealing and replacing the Pilbara
2 Networks Access Code.
3 (2) This section applies if the Pilbara Networks Access
4 Code is established by a separate instrument under
5 section 120A(2).
6 (3) The Pilbara Networks Access Code is subsidiary
7 legislation for the purposes of the Interpretation
8 Act 1984.
9 (4) The Pilbara Networks Access Code is to be laid before
10 each House of Parliament within 6 sitting days of that
11 House after the day on which the code is published in
12 the Gazette.
13 (5) Notice of motion to disallow the Pilbara Networks
14 Access Code or any part of the code may be given in
15 either House of Parliament within 10 sitting days of
16 that House after the day on which the code is laid
17 before it under subsection (4).
18 (6) Within 10 sitting days of a House of Parliament after
19 notice of motion has been given in that House under
20 subsection (5), that House may pass a resolution
21 disallowing the Pilbara Networks Access Code or any
22 part of the code.
23 (7) If the Pilbara Networks Access Code is not laid before
24 both Houses of Parliament under subsection (4), or is
25 disallowed by either House in whole or in part under
26 subsection (6), the code, or the disallowed part of the
27 code (as applicable) ceases to have effect, but without
28 affecting the validity or curing the invalidity of
29 anything done or the omission of anything in the
30 meantime.
31 (8) If a resolution has been passed under subsection (6),
32 notice to that effect is to be published in the Gazette
33 within 21 days.
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1 120H. Public comment on amendment or replacement of
2 Pilbara Networks Access Code
3 (1) This section applies if the Pilbara Networks Access
4 Code is established by a separate instrument under
5 section 120A(2) and the Minister intends to exercise
6 the power --
7 (a) to amend the Pilbara Networks Access Code; or
8 (b) to repeal and replace it.
9 (2) Before exercising the power, the Minister must make
10 the proposed amendment or replacement available for
11 public comment in accordance with subsection (3).
12 (3) The Minister must --
13 (a) cause a notice giving a general description of
14 the proposal to be published --
15 (i) in an issue of a daily newspaper
16 circulating throughout the
17 Commonwealth; and
18 (ii) in an issue of a daily newspaper
19 circulating throughout the State; and
20 (iii) on an appropriate website;
21 and
22 (b) include in the notice the following
23 information --
24 (i) the website at which a copy of the
25 proposal may be obtained; and
26 (ii) a statement that written submissions on
27 the proposal may be made to the
28 Minister by any person within a
29 specified period; and
30 (iii) how the submissions may be made.
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1 (4) The period specified under subsection (3)(b)(ii) is not
2 to be less than 30 days after both of the notices under
3 subsection (3)(a)(i) and (ii) have been published.
4 (5) The Minister must have regard to any submission made
5 in accordance with the notice.
6 120I. Exception to section 120H
7 (1) Section 120H(2) does not apply if the Minister is
8 satisfied that a proposed amendment to the Pilbara
9 Networks Access Code is --
10 (a) of a minor nature; or
11 (b) required to be made urgently.
12 (2) If in reliance on subsection (1)(b) the Minister amends
13 the Pilbara Networks Access Code without complying
14 with section 120H(2) --
15 (a) the Minister must call for public comment on
16 the amendment as soon as is practicable; and
17 (b) section 120H(3) and (4) apply with all
18 necessary modifications.
19 (3) Having regard to any submissions made on the
20 amendment, the Minister must consider whether the
21 Pilbara Networks Access Code should be amended --
22 (a) to reverse the effect of the amendment; or
23 (b) in some other manner.
24 120J. Consultation with network service providers on
25 amendment or replacement of Pilbara Networks
26 Access Code
27 (1) Without limiting section 120H, if the Minister
28 considers that a proposed amendment or replacement
29 of the Pilbara Networks Access Code that is
30 established by a separate instrument under
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1 section 120A(2) may materially affect a network
2 service provider, the Minister must --
3 (a) consult with the network service provider; and
4 (b) have regard to any submissions that the
5 network service provider makes in relation to
6 the proposal.
7 (2) If a network service provider considers that the Pilbara
8 Networks Access Code, or a provision of it, has, as a
9 result of altered circumstances, become unreasonable
10 or inappropriate in its application to the network
11 service provider, the network service provider may
12 make a submission to the Minister requesting that the
13 Pilbara Networks Access Code be amended or be
14 repealed and replaced.
15 (3) The Minister must consider a submission made under
16 subsection (2) and, if requested by the network service
17 provider, consult with the network service provider in
18 relation to it.
19 Division 3 -- Pilbara networks rules
20 120K. Regulations to provide for Pilbara networks rules
21 (1) The regulations are to provide for rules (Pilbara
22 networks rules) for the operation, management,
23 security and reliability of any interconnected Pilbara
24 system.
25 (2) The regulations may provide for the Pilbara networks
26 rules to provide for, and in relation to, the operation,
27 management, security and reliability of covered Pilbara
28 networks that are not part of an interconnected Pilbara
29 system.
30 (3) The regulations may also provide for the Pilbara
31 networks rules to provide for, and in relation to, the
32 following matters in relation to Pilbara networks that
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1 are not covered Pilbara networks or part of an
2 interconnected Pilbara system --
3 (a) the functions of the Pilbara ISO under
4 section 120W(4)(d);
5 (b) the obligations of Pilbara network service
6 providers to provide information to, and assist,
7 the Pilbara ISO in the performance of the
8 functions referred to in paragraph (a).
9 (4) The rules are to set out or deal with the matters
10 prescribed by the regulations.
11 120L. Pilbara networks rules not subsidiary legislation
12 (1) The Pilbara networks rules are not subsidiary
13 legislation for the purposes of the Interpretation
14 Act 1984 and section 42 of that Act does not apply to
15 them or to rules amending them or repealing and
16 replacing them.
17 (2) The Interpretation Act 1984 sections 43 (other than
18 subsection (6)), 44, 48, 48A, 50(1), 53, 55, 56, 58, 59,
19 75 and 76 and Part VIII apply to the Pilbara networks
20 rules as if they were subsidiary legislation.
21 120M. Establishment and amendment of Pilbara networks
22 rules
23 The regulations may provide for --
24 (a) the establishment of the initial Pilbara networks
25 rules; and
26 (b) the amendment, or repeal and replacement, of
27 the Pilbara networks rules by rules made in
28 accordance with the regulations and the Pilbara
29 networks rules; and
30 (c) the publication, commencement, and laying
31 before each House of Parliament, of the initial
32 Pilbara networks rules and rules amending, or
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1 repealing and replacing, the Pilbara networks
2 rules.
3 120N. General matters to be dealt with in regulations
4 (1) The regulations may prescribe all matters that are
5 necessary or convenient to be prescribed --
6 (a) in relation to the matters set out in
7 section 120K; and
8 (b) to give effect to the purpose set out in
9 section 119(1)(c); and
10 (c) to meet the Pilbara electricity objective in
11 relation to those matters.
12 (2) Without limiting section 120K, 131 or 131B or
13 subsection (1), the regulations may do all or any of the
14 following --
15 (a) regulate the conduct of persons and impose
16 obligations on them;
17 (b) confer functions, or authorise the Pilbara
18 networks rules to confer functions, on any of
19 the following --
20 (i) the Minister;
21 (ii) the Authority;
22 (iii) the Pilbara ISO;
23 (iv) a person holding an office under a
24 written law;
25 (v) a body established under a written law;
26 (vi) any other person;
27 (c) provide for the relationship between the
28 Minister or another Minister and a person or
29 body referred to in paragraph (b)(ii) to (vi) in
30 relation to the performance of the functions of
31 the person or body;
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1 (d) authorise the Pilbara networks rules to confer
2 rights and impose obligations on Pilbara
3 networks participants;
4 (e) provide, or authorise the Pilbara networks rules
5 to provide, for the resolution of disputes
6 between Pilbara networks participants;
7 (f) authorise the Pilbara networks rules to --
8 (i) authorise the Pilbara ISO to make
9 instruments establishing protocols and
10 procedures and any other instruments
11 related to the performance of its
12 functions; and
13 (ii) provide for the effect of those
14 instruments;
15 (g) provide for the process of making, amending,
16 repealing or replacing an instrument made by
17 the Pilbara ISO under a power conferred under
18 paragraph (f);
19 (h) provide, or authorise the Pilbara networks rules
20 to provide, for metering of electricity in
21 covered Pilbara networks and interconnected
22 Pilbara networks, including by providing for --
23 (i) the provision, operation and
24 maintenance of metering equipment;
25 and
26 (ii) ownership of and access to metering
27 data;
28 (i) provide, or authorise the Pilbara networks rules
29 to provide, for the regulation of the disclosure
30 and use of confidential or commercially
31 sensitive information;
32 (j) in respect of costs incurred in the performance
33 of functions conferred on a person or body
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1 referred to in paragraph (b)(ii) to (vi), provide
2 for --
3 (i) the implementation of accounting
4 arrangements to enable those costs to be
5 identified; and
6 (ii) the allocation of those costs between
7 Pilbara networks participants; and
8 (iii) the recovery of those costs;
9 (k) provide, or authorise the Pilbara networks rules
10 to provide, for the regulation of matters --
11 (i) of a savings, transitional or
12 supplementary nature; or
13 (ii) that are otherwise necessary or
14 convenient for the purposes of this
15 Division.
16 (3) The reference to costs in subsection (2)(j) includes, in
17 relation to the Pilbara ISO, any costs incurred in
18 anticipation of, or in preparation for, the performance
19 of the functions of the Pilbara ISO.
20 (4) Despite subsection (2), the regulations may regulate the
21 conduct of, and confer rights and impose obligations
22 on, network service providers of Pilbara networks that
23 are not covered Pilbara networks or interconnected
24 Pilbara networks only for the purposes set out in
25 section 120K(3).
26 120O. Additional matters to be dealt with in regulations or
27 rules
28 (1) Without limiting section 120N(2)(a), the regulations
29 may prohibit persons from engaging in an activity
30 specified in the regulations unless they are registered in
31 accordance with the Pilbara networks rules.
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1 (2) The regulations or the Pilbara networks rules may
2 provide that if the disclosure or use of confidential or
3 commercially sensitive information is authorised by the
4 rules --
5 (a) no civil or criminal liability is incurred in
6 respect of the use or disclosure; and
7 (b) the use or disclosure is not to be regarded as --
8 (i) a breach of any duty of confidentiality
9 or secrecy imposed by law or contract;
10 or
11 (ii) a breach of professional ethics or
12 standards or any principles of conduct
13 applicable to a person's employment; or
14 (iii) unprofessional conduct.
15 (3) The regulations, the Pilbara networks rules, an
16 instrument made under the Pilbara networks rules or an
17 instrument amending any of them, may apply, adopt or
18 incorporate, with or without modification, material
19 contained in any other document or writing as in effect
20 or existing --
21 (a) when the regulations, Pilbara networks rules,
22 instrument or amending instrument comes into
23 operation; or
24 (b) at a specified prior time.
25 (4) Without limiting section 120N(2)(j), if it is
26 inappropriate to prescribe a set fee or charge in
27 connection with the performance of a particular
28 function, the regulations may provide for the method of
29 calculating the fee or charge, including calculation
30 according to the cost of performing that function.
31 (5) The regulations, or the rules referred to in
32 section 120N(2)(k)(i), may authorise the Minister to
33 determine by order published in the Gazette how any
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1 matter or thing in progress immediately before the
2 commencement of the Pilbara networks rules is to be
3 treated, after that commencement, for the purposes of
4 the provisions of the Pilbara networks rules.
5 120P. Additional matters to be dealt with in rules: more
6 than one provider
7 The regulations may provide that the Pilbara networks
8 rules may provide for the following --
9 (a) that if there is more than one Pilbara network
10 service provider for a Pilbara network and a
11 thing is required or permitted by the Pilbara
12 networks rules to be done by the Pilbara
13 network service providers, one of the Pilbara
14 network service providers may, with the
15 consent of one or more of the other providers,
16 do that thing on behalf of those consenting
17 providers;
18 (b) that a thing done or omitted to be done by a
19 Pilbara network service provider on behalf of
20 another Pilbara network service provider for a
21 Pilbara network as referred to in paragraph (a)
22 is taken to have been done or omitted to be
23 done by that other Pilbara network service
24 provider;
25 (c) that if there is more than one Pilbara network
26 service provider for a Pilbara network and the
27 Pilbara network service providers publish an
28 instrument in accordance with the Pilbara
29 networks rules that allocates things required or
30 permitted by those rules to be done between
31 those Pilbara network service providers, the
32 provider to whom the thing is allocated under
33 that instrument is required or permitted to do
34 that thing.
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1 Division 4 -- Pilbara networks technical rules
2 120Q. Technical rules
3 (1) The regulations may provide for the following --
4 (a) for the making, formulation and approval of
5 technical rules for the purposes of this Part;
6 (b) for the Pilbara Networks Access Code or the
7 Pilbara networks rules to provide for the
8 making, formulation and approval of technical
9 rules for the purposes of this Part.
10 (2) The technical rules may include rules made for the
11 purposes of all or any of the following --
12 (a) access to services of covered Pilbara networks;
13 (b) network and system operations, power system
14 reliability and stability and system security for
15 covered Pilbara networks and interconnected
16 Pilbara networks.
17 Division 5 -- Enforcement
18 120R. References to contravening regulations, Pilbara
19 Networks Access Code or Pilbara networks rules
20 A reference in this Division to contravening a
21 provision of the regulations or the Pilbara Networks
22 Access Code or the Pilbara networks rules includes a
23 reference to --
24 (a) attempting to contravene the provision; or
25 (b) aiding, abetting, counselling or procuring a
26 person to contravene the provision; or
27 (c) inducing, or attempting to induce, a person,
28 whether by threats or promises or otherwise, to
29 contravene the provision; or
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1 (d) being in any way, directly or indirectly,
2 knowingly concerned in, or party to, the
3 contravention by a person of the provision; or
4 (e) conspiring with others to contravene the
5 provision.
6 120S. Prohibitions on hindering or preventing access
7 (1) In this section --
8 associate, in relation to a person, has the meaning it
9 would have under the Corporations Act 2001
10 (Commonwealth) Part 1.2 Division 2 if sections 13,
11 16(2) and 17 of that Act were deleted.
12 (2) A Pilbara network service provider of a covered
13 Pilbara network that is regulated under this Part, or an
14 associate of the Pilbara network service provider, must
15 not engage in conduct for the purpose of hindering or
16 preventing --
17 (a) access by any person to services in accordance
18 with this Part; or
19 (b) the making of Pilbara access agreements or any
20 particular agreement in respect of that network;
21 or
22 (c) the access to which a person is entitled under a
23 Pilbara access agreement or a determination
24 made by way of arbitration.
25 Penalty for this subsection: a fine of $100 000.
26 Daily penalty for this subsection: a fine of $20 000.
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1 (3) A person who has access to services, or an associate of
2 the person, must not engage in conduct for the purpose
3 of hindering or preventing access by another person to
4 services of a covered Pilbara network that is regulated
5 under this Part.
6 Penalty for this subsection: a fine of $100 000.
7 Daily penalty for this subsection: a fine of $20 000.
8 (4) Without limiting subsection (2) or (3) --
9 (a) a person is taken to engage in conduct for a
10 particular purpose if --
11 (i) the conduct is or was engaged in for
12 purposes that include, or included, that
13 purpose; and
14 (ii) that purpose is or was a substantial
15 purpose;
16 and
17 (b) a person may be taken to have engaged in
18 conduct for a particular purpose even though,
19 after all the evidence has been considered, the
20 existence of that purpose is ascertainable only
21 by inference from the conduct of the person or
22 of any other person or from other relevant
23 circumstances.
24 (5) In this section --
25 (a) a reference to engaging in conduct is a
26 reference to doing or refusing to do any act and
27 includes a reference to --
28 (i) making a contract, agreement or
29 arrangement or giving effect to a
30 provision of a contract, agreement or
31 arrangement; or
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1 (ii) arriving at an understanding or giving
2 effect to a provision of an
3 understanding; or
4 (iii) requiring a covenant to be given or
5 giving a covenant;
6 and
7 (b) a reference to refusing to do an act includes a
8 reference to --
9 (i) refraining (otherwise than inadvertently)
10 from doing the act; or
11 (ii) making it known that the act will not be
12 done.
13 (6) Subsection (2) or (3) does not apply to conduct in
14 which a person engaged in accordance with an
15 agreement, if the agreement was in force on
16 30 March 1995.
17 120T. Proceedings
18 (1) Civil proceedings cannot be brought in respect of a
19 matter arising under the Pilbara Networks Access Code
20 except --
21 (a) in accordance with the regulations; or
22 (b) by arbitration under the Pilbara Networks
23 Access Code; or
24 (c) in accordance with section 130.
25 (2) Nothing in subsection (1) affects the right of a
26 person --
27 (a) to bring civil proceedings in respect of any
28 matter or thing, or seek any relief or remedy, if
29 the cause of action arises, or the relief or
30 remedy is sought, on grounds that do not rely
31 on the Pilbara Networks Access Code; or
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1 (b) to bring proceedings for judicial review of a
2 decision made under this Act or the Pilbara
3 Networks Access Code.
4 120U. Criminal proceedings do not lie
5 (1) Criminal proceedings (including proceedings under
6 The Criminal Code section 177 or 178) do not lie
7 against a person by reason only that the person has
8 contravened a provision of the Pilbara Networks
9 Access Code.
10 (2) Nothing in subsection (1) affects section 120S.
11 120V. Regulations as to enforcement of Pilbara Networks
12 Access Code and Pilbara networks rules
13 (1) The regulations may prescribe all matters that are
14 necessary or convenient to be prescribed for the
15 enforcement of the Pilbara Networks Access Code and
16 the Pilbara networks rules.
17 (2) Without limiting section 131 or 131B or subsection (1),
18 the regulations may do all or any of the following --
19 (a) provide that a provision of the Pilbara
20 Networks Access Code or the Pilbara networks
21 rules specified in the regulations, or of a class
22 specified in the regulations, is a civil penalty
23 provision for the purposes of the regulations;
24 (b) prescribe, for a contravention of a civil penalty
25 provision the following amounts that may, in
26 accordance with the regulations, be demanded
27 from or imposed upon a person who
28 contravenes the provision --
29 (i) an amount not exceeding $100 000; and
30 (ii) in addition a daily amount not
31 exceeding $20 000;
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1 (c) provide for demands for the payment of
2 amounts referred to in paragraph (b) and the
3 enforcement of demands for their payment;
4 (d) provide for and regulate the taking of
5 proceedings in respect of alleged
6 contraventions of provisions of the Pilbara
7 Networks Access Code or the Pilbara networks
8 rules, provide for the orders that can be made
9 and other sanctions that can be imposed in
10 those proceedings and provide for the
11 enforcement of those orders and sanctions;
12 (e) provide for the manner in which amounts
13 received by way of civil penalties are to be
14 dealt with and applied;
15 (f) provide for and regulate the taking of
16 proceedings before the Supreme Court for an
17 injunction restraining engagement in conduct
18 contravening a provision of the Pilbara
19 Networks Access Code or the Pilbara networks
20 rules and provide for the granting of an
21 injunction (including an interim injunction) and
22 the rescission or variation of an injunction so
23 granted;
24 (g) provide for and regulate the taking of
25 proceedings before the Supreme Court for a
26 declaration as to whether a provision of the
27 Pilbara Networks Access Code or the Pilbara
28 networks rules is being or has been contravened
29 and provide for the orders that can be made in
30 those proceedings;
31 (h) provide for and regulate the taking of action for
32 the recovery of an amount of loss or damage
33 suffered because of conduct contravening a
34 provision of the Pilbara Networks Access Code
35 or the Pilbara networks rules;
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 (i) provide for and regulate the making of
2 applications for, and the issue of, warrants
3 relating to the investigation of alleged
4 contraventions of provisions of the Pilbara
5 Networks Access Code or the Pilbara networks
6 rules and for the powers exercisable under
7 warrants.
8 (3) In subsection (2)(b)(ii) --
9 daily amount means an amount for each day or part of
10 a day during which the contravention continues.
11 Division 6 -- Independent system operator
12 120W. Independent system operator
13 (1) There is to be an independent system operator for
14 Pilbara networks (the Pilbara ISO).
15 (2) The Pilbara ISO is to be a person specified in the
16 regulations.
17 (3) Without limiting subsection (2), the regulations may
18 specify the Regional Power Corporation as the Pilbara
19 ISO.
20 (4) Subject to subsection (5), the Pilbara ISO has the
21 following functions --
22 (a) to maintain and improve system security in any
23 interconnected Pilbara system;
24 (b) to facilitate overall network co-ordination and
25 planning for interconnected Pilbara systems;
26 (c) any functions in relation to covered Pilbara
27 networks given by this Act, the regulations, the
28 Pilbara Networks Access Code or the Pilbara
29 networks rules;
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 (d) in relation to Pilbara networks that are not
2 covered Pilbara networks or part of an
3 interconnected Pilbara system --
4 (i) to collect and consider information
5 relating to the operation, management,
6 security and reliability of the Pilbara
7 networks; and
8 (ii) to report as specified by the regulations
9 to the Minister, the Authority or a
10 specified person on those matters; and
11 (iii) to publish information on those matters.
12 (5) The regulations may specify that the initial Pilbara ISO
13 is to have only those functions mentioned in
14 subsection (4) that are specified in the regulations.
15 120X. Regulations relating to Pilbara ISO
16 The regulations may provide, or authorise the Pilbara
17 Networks Access Code or the Pilbara networks rules to
18 provide, for the following --
19 (a) that the Pilbara ISO may delegate the
20 performance of a function to another person or
21 body;
22 (b) that a delegation under paragraph (a) may
23 permit the delegate to further delegate the
24 performance of the function in accordance with
25 the delegation;
26 (c) the regulation of delegations under this section;
27 (d) the regulation of contracts relating to
28 delegations under this section, including that
29 such contracts must comply with the
30 requirements specified in the regulations, code
31 or rules;
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Electricity Industry Act 2004 amended Part 2
s. 19
1 (e) the obligations of the Pilbara ISO in relation to
2 a function the performance of which has been
3 delegated to another person or body;
4 (f) the obligations of the Pilbara ISO in relation to
5 the segregation of the functions of the Pilbara
6 ISO under this Part (including as to personnel,
7 operations, financial and legal matters and
8 related matters) from other functions and
9 business of the Pilbara ISO;
10 (g) the obligations of the Pilbara ISO to --
11 (i) report as specified by the regulations to
12 the Minister, the Authority or a
13 specified person on specified matters;
14 and
15 (ii) prepare and publish information on
16 specified matters.
17 Division 7 -- Functions of Authority
18 120Y. Functions of Authority
19 (1) The Authority has the functions conferred on it under
20 this Part.
21 (2) Without limiting section 131 or 131B or subsection (1),
22 the regulations may provide for the obligations of the
23 Authority to --
24 (a) report to the Minister on specified matters; and
25 (b) prepare and publish information on specified
26 matters.
27 Division 8 -- Reviews of decisions
28 120Z. Reviews of decisions
29 (1) Application may be made to the Board for the review
30 by the Board of decisions of the following that are
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 made under the regulations or the Pilbara networks
2 rules and are of a class specified in the regulations --
3 (a) a person on whom functions are conferred
4 under this Part;
5 (b) a person on whom functions relating to this Part
6 are conferred by another written law.
7 (2) Regulations may --
8 (a) provide for the powers of the Board in relation
9 to reviews provided for in those regulations;
10 and
11 (b) make other provision that it is necessary or
12 convenient to make in relation to those reviews.
13 (3) Nothing in subsection (1) prevents or affects the review
14 by a court or tribunal, according to law, of decisions of
15 the persons referred to in that subsection made under
16 the regulations or the Pilbara networks rules.
17 Division 9 -- Immunity
18 120ZA. Terms used
19 (1) In this Division --
20 civil monetary liability means liability to pay damages
21 or compensation or any other amount ordered in a civil
22 proceeding, but does not include liability to pay a civil
23 penalty under the regulations;
24 entity includes the following --
25 (a) a body corporate;
26 (b) a partnership;
27 (c) an unincorporated body;
28 (d) an individual;
29 (e) for a trust that has only 1 trustee --the trustee;
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 (f) for a trust that has more than 1 trustee --the
2 trustees together;
3 officer of an entity that is a corporation has the
4 meaning given to officer of a corporation in the
5 Corporations Act 2001 (Commonwealth) section 9;
6 officer of an entity that is neither an individual nor a
7 corporation has the meaning given to that term in the
8 Corporations Act 2001 (Commonwealth) section 9;
9 participant means a person --
10 (a) on whom functions are conferred under this
11 Part; or
12 (b) to whom the performance of a function has
13 been delegated under this Part; or
14 (c) on whom functions relating to this Part are
15 conferred by another written law;
16 preparing entity means an entity that enters into an
17 arrangement with the State, including before the
18 commencement of the Electricity Industry Amendment
19 Act 2019, to carry out preparatory work in anticipation
20 of, or in preparation for, the performance by the entity
21 of any of the functions of the Pilbara ISO under this
22 Part.
23 (2) In this Division, a reference to the commencement of
24 the Electricity Industry Amendment Act 2019 is a
25 reference to the day on which section 19 of that Act
26 comes into operation.
27 120ZB. Immunity of participants and their officers or
28 employees
29 (1) A participant, or an officer or employee of a
30 participant, does not incur any civil monetary liability
31 for an act or omission of the participant, a delegate of
32 the participant or a delegate of the delegate, or an
33 officer or employee of any of them, done or made in
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 good faith in the performance, or purported
2 performance, of a function under this Part.
3 (2) Subsection (1) has effect --
4 (a) in respect of all participants, and officers and
5 employees of them, other than the Pilbara ISO,
6 and officers and employees of it -- subject to
7 section 120ZC; and
8 (b) in respect of all participants, and officers and
9 employees of them -- subject to
10 section 120ZD.
11 (3) An entity with which the Pilbara ISO enters into a
12 contract in relation to the Pilbara ISO's performance of
13 a function under this Part does not incur any civil
14 monetary liability for an act or omission of the entity,
15 or an officer or employee of it, done or made in good
16 faith in the performance, or purported performance, of
17 the contract.
18 (4) Subsection (3) has effect subject to sections 120ZC and
19 120ZD, as if the reference in section 120ZD(1) to
20 12 months were a reference to 2 months.
21 (5) The Pilbara ISO or a preparing entity, or an officer or
22 employee of either of them, does not incur any civil
23 monetary liability for an act or omission of the Pilbara
24 ISO or the preparing entity, or an officer or employee
25 of either of them, done or made, including before the
26 commencement of the Electricity Industry Amendment
27 Act 2019, in good faith in anticipation of, or in
28 preparation or purported preparation for, the
29 performance of a function under this Part.
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 120ZC. Regulations may limit or affect immunity
2 The regulations may, for the purposes of
3 section 120ZB, without limitation --
4 (a) impose conditions on an immunity granted to
5 an entity under section 120ZB; or
6 (b) prescribe that an immunity granted under
7 section 120ZB is limited in its application to
8 entities, events, circumstances, losses or
9 periods to which they are expressed to apply.
10 120ZD. Limitation on immunity after initial period
11 (1) If an act or omission done or made after the expiration
12 of the period of 12 months from the establishment of
13 the initial Pilbara networks rules is negligent --
14 (a) the immunity given by section 120ZB does not
15 apply to that act or omission; but
16 (b) as long as that act or omission is done or made
17 in good faith, the civil monetary liability for it
18 is not to exceed the prescribed maximum
19 amount.
20 (2) The regulations may exempt a specified participant
21 from the operation of subsection (1)(a).
22 (3) The regulations may, for the purposes of
23 subsection (1)(b), without limitation --
24 (a) prescribe a maximum amount that is limited in
25 its application to entities, events,
26 circumstances, losses or periods to which they
27 are expressed to apply; or
28 (b) prescribe maximum amounts that vary in their
29 application according to the entities, events,
30 circumstances, losses or periods to which they
31 are expressed to apply; or
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 (c) prescribe a manner in which the maximum
2 amount is to be divided amongst claimants.
3 120ZE. Liability of officer of an entity to that entity not
4 affected
5 This Division does not apply to any liability of an
6 officer of an entity (other than an entity that is an
7 individual) to that entity.
8 Division 10 -- Competition authorisation
9 120ZF. Competition authorisation by regulation
10 (1) In this section --
11 arrangement includes any contract, arrangement or
12 understanding, or any market practice or market or
13 customer restriction, division, allocation or segregation
14 of any nature, or a course of conduct or dealing.
15 (2) The regulations may authorise or approve any
16 arrangement, act, matter or thing in relation to the
17 Pilbara Networks Access Code or the Pilbara networks
18 rules for the purposes of the Competition and
19 Consumer Act 2010 (Commonwealth) and the
20 Competition Code.
21 Division 11 -- Review of system
22 120ZG. Review of regulation of Pilbara networks
23 (1) The Authority is to review the operation of the
24 regulatory arrangements established for Pilbara
25 networks under this Part --
26 (a) as soon as practicable after the 5th anniversary
27 of the day on which the Electricity Industry
28 Amendment Act 2019 section 19 comes into
29 operation; and
30 (b) after that, at intervals of not more than 5 years.
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 19
1 (2) The purpose of the review is to assess the extent to
2 which the Pilbara electricity objective has been or is
3 being achieved.
4 (3) The Authority is, for each review, to give the Minister
5 a written report based on the review not later than
6 12 months after the review commences.
7 (4) If the Authority considers that part or all of the Pilbara
8 electricity objective has not been or is not being
9 achieved, the report is to set out recommendations as to
10 how the objective can be achieved.
11 (5) Not later than 6 months after receiving the report the
12 Minister is to --
13 (a) cause the report to be laid before each House of
14 Parliament; and
15 (b) prepare a response to the report and cause the
16 response to be laid before each House of
17 Parliament.
18 (6) As soon as practicable after the report is laid before
19 each House of Parliament, the Authority is to make a
20 copy of the report publicly available on a website
21 maintained by or on behalf of the Authority.
22 120ZH. Public consultation
23 (1) In the course of conducting a review under
24 section 120ZG, the Authority is to seek public
25 comment on the extent to which the Pilbara electricity
26 objective has been or is being achieved (the issue).
27 (2) The Authority is to cause a notice giving a general
28 description of the issue to be --
29 (a) published in a daily newspaper circulating
30 throughout the State; and
31 (b) made publicly available on a website
32 maintained by or on behalf of the Authority.
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 19
1 (3) The notice is to include --
2 (a) a statement that any person may, within a
3 specified period, make written submissions on
4 the issue to the Authority; and
5 (b) the address (including an email address) to
6 which the submissions may be delivered or
7 sent.
8 (4) The period specified under subsection (3)(a) is not to
9 end less than 30 days after the day on which the notice
10 is published under subsection (2)(a).
11 (5) The Authority is to have regard to any submission
12 made in accordance with the notice and may have
13 regard to any other submission received on the issue.
14 Division 12 -- Transitional provisions
15 120ZI. Pilbara Networks Access Code and Pilbara
16 networks rules do not affect existing agreements
17 (1) The making and operation of the Pilbara Networks
18 Access Code or the Pilbara networks rules --
19 (a) do not affect the terms and conditions, or the
20 operation, of --
21 (i) an agreement for access to services in
22 operation immediately before the
23 commencement of the Pilbara Networks
24 Access Code whether under the
25 Electricity Transmission and
26 Distribution Systems (Access) Act 1994
27 or otherwise; or
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 20
1 (ii) an agreement for the supply of
2 electricity or related services in
3 operation immediately before the
4 commencement of the Pilbara networks
5 rules;
6 and
7 (b) do not afford a party to the agreement any
8 ground or reason for not complying with the
9 agreement according to its terms and
10 conditions.
11 (2) Subsection (1)(a) or (b) does not apply if the Pilbara
12 Networks Access Code or the Pilbara networks rules or
13 the agreement or an enactment provides otherwise.
14
15 20. Section 126 amended
16 (1) In section 126(1) delete the definition of officer.
17 (2) In section 126(1) insert in alphabetical order:
18
19 officer of a body corporate that is a corporation has the
20 same meaning as it has in section 9 of the Corporations
21 Act 2001 (Commonwealth);
22 officer of a body corporate that is not a corporation has
23 the same meaning as it has in section 9 of the
24 Corporations Act 2001 (Commonwealth);
25
26 (3) In section 126(1) in the definition of civil monetary penalty
27 delete "penalty" and insert:
28
29 liability
30
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 21
1 (4) In section 126(3)(b) delete "penalty" and insert:
2
3 liability
4
5 21. Section 127 amended
6 In section 127(2) delete "Trade Practices Act 1974 of the
7 Commonwealth" and insert:
8
9 Competition and Consumer Act 2010 (Commonwealth)
10
11 Note: The heading to amended section 127 is to read:
12 Competition authorisation by regulation
13 22. Section 128 amended
14 In section 128(6) delete "an internet website" and insert:
15
16 a website
17
18 23. Section 129 amended
19 (1) In section 129(2)(b) delete "an internet website" and insert:
20
21 a website
22
23 (2) Delete section 129(3)(b) and insert:
24
25 (b) the address (including an email address) to
26 which the submissions may be delivered or
27 sent.
28
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 24
1 24. Section 129B amended
2 In section 129B delete the definition of Code.
3 25. Section 129F amended
4 In section 129F(3):
5 (a) in paragraph (b)(i) delete "section 104(2)(c); and" and
6 insert:
7
8 section 104B(a); and
9
10 (b) in paragraph (b)(ii) delete "section 104(2)(h)(i)." and
11 insert:
12
13 section 104B(f).
14
15 26. Part 9B inserted
16 After Part 9A insert:
17
18 Part 9B -- Temporary access contribution
19 129K. Purpose of this Part
20 The purpose of this Part is to contribute towards
21 maintaining the financial viability of the Regional
22 Power Corporation by allowing the Regional Power
23 Corporation to recover all or part of its historical
24 generation costs.
25 129L. Terms used
26 In this Part, unless the contrary intention appears --
27 contestable annual volume means the portion of total
28 annual volume that is a contestable supply;
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 26
1 contestable proportion means that proportion of the
2 Regional Power Corporation's total supply of
3 electricity in a financial year to consumers through its
4 covered Pilbara network that is a contestable supply,
5 calculated as contestable annual volume divided by
6 total annual volume;
7 contestable supply means the supply of electricity to
8 consumers who are not prescribed customers;
9 costs means capital and non-capital costs;
10 generation costs means any costs incurred by the
11 Regional Power Corporation to generate or procure
12 electricity for supply to consumers through the
13 interconnected Pilbara network;
14 historical generation costs means any generation
15 costs --
16 (a) that were incurred before 19 August 2019; or
17 (b) that are incurred on or after 19 August 2019
18 under commitments made by the Regional
19 Power Corporation before that date and that are
20 costs that a prudent supplier, seeking to
21 reasonably minimise costs, could not
22 reasonably avoid;
23 NBU means the segment of the Regional Power
24 Corporation that has the functions and business of
25 providing services through the interconnected Pilbara
26 network;
27 prescribed customer has the meaning given to that
28 term in the Electricity Corporations Act 2005
29 section 54;
30 Temporary Access Contribution Account means the
31 account referred to in section 129M;
32 temporary access contribution means a temporary
33 access contribution determined under section 129N(1);
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 26
1 termination date means the date prescribed by the
2 regulations as the termination date;
3 total annual volume means the total quantity of
4 electricity supplied by the Regional Power Corporation
5 in a financial year through its covered Pilbara network,
6 expressed in kilowatt hours;
7 user means a Pilbara network user as defined in
8 section 120.
9 129M. Temporary Access Contribution Account
10 (1) An agency special purpose account called the
11 Temporary Access Contribution Account is established
12 under the Financial Management Act 2006 section 16.
13 (2) There are to be credited to the Temporary Access
14 Contribution Account --
15 (a) each temporary access contribution paid by the
16 NBU under section 129P(1); and
17 (b) the amount of any income determined by the
18 Treasurer (at a rate determined by the
19 Treasurer) to be attributable to the investment
20 under the Financial Management Act 2006
21 section 37 of money standing to the credit of
22 the Temporary Access Contribution Account;
23 and
24 (c) any other amount lawfully received for the
25 purposes of the Account.
26 129N. Determination of temporary access contributions
27 (1) The Treasurer must for each financial year, until the
28 termination date, determine, by notice published in the
29 Gazette, an amount of temporary access contribution
30 that is payable by NBU in respect of that financial year.
31 (2) The Treasurer must for each financial year, until the
32 termination date, determine the cost to the Regional
page 57
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 26
1 Power Corporation of its historical generation costs for
2 that financial year.
3 (3) The temporary access contribution determined for a
4 financial year must not exceed the contestable
5 proportion of the cost determined for that financial year
6 under subsection (2).
7 (4) In making a determination under subsection (1) for a
8 financial year, the Treasurer must have regard to --
9 (a) the amount required to compensate the
10 Regional Power Corporation for the cost
11 determined under subsection (2) for that
12 financial year; and
13 (b) the moneys standing to the credit of the
14 Temporary Access Contribution Account; and
15 (c) any service standards to be observed by the
16 Regional Power Corporation; and
17 (d) any other prescribed matters.
18 (5) In subsection (4)(c) --
19 service standards means standards referred to in
20 section 39(2)(d) that are provided for in a code
21 prepared and issued under section 39.
22 (6) The Treasurer must consult with the Minister before
23 making a determination under this section.
24 129O. Treasurer may seek advice from the Authority
25 (1) Before making a determination under section 129N(1)
26 the Treasurer may ask the Authority for advice on any
27 matter referred to in section 129N(4) or any other
28 matter that the Treasurer considers relevant.
29 (2) It is a function of the Authority to give advice when
30 asked to do so under subsection (1).
page 58
Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 26
1 (3) The Treasurer must cause advice given by the
2 Authority under subsection (2) to be published on an
3 appropriate website when the determination is made.
4 129P. Payment and passing on of temporary access
5 contribution
6 (1) NBU must pay temporary access contributions into the
7 Temporary Access Contribution Account, at the times
8 and in the manner determined by the Treasurer.
9 (2) Users accessing services of the Regional Power
10 Corporation's covered Pilbara network must make
11 payments to NBU in accordance with the Pilbara
12 Networks Access Code in respect of temporary access
13 contributions payable by NBU under subsection (1).
14 (3) The Pilbara Networks Access Code may exempt users
15 or classes of users specified in the code from
16 subsection (2) in the circumstances specified in the
17 code.
18 (4) Without limiting Part 8A Division 2, the Pilbara
19 Networks Access Code may provide for --
20 (a) the determination of the amounts payable by
21 users under subsection (2) and the manner in
22 which those amounts are to be collected; and
23 (b) temporary access contributions and the
24 obligations of users under subsection (2) to be
25 taken into account in the determination,
26 publication or approval of prices under Part 8
27 or Part 8A or in the resolution of disputes in
28 relation to those prices.
29 (5) The regulations may provide for the regulation of
30 matters of a savings or transitional nature in relation to
31 payments in respect of temporary access contributions.
page 59
Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 26
1 129Q. Payments from Temporary Access Contribution
2 Account
3 (1) If a temporary access contribution is payable by NBU
4 in respect of a financial year, the Treasurer must pay to
5 the Regional Power Corporation in respect of that
6 financial year the amount that the Treasurer considers
7 necessary for the purpose of this Part having regard
8 to --
9 (a) the matters referred to in section 129N(4)(a),
10 (b) and (c); and
11 (b) any other prescribed matters.
12 (2) Payments under subsection (1) are to be made from the
13 Temporary Access Contribution Account.
14 (3) Without limiting Part 8A Division 2, the Pilbara
15 Networks Access Code may provide for reporting by
16 the Regional Power Corporation of any amounts
17 received from the Temporary Access Contribution
18 Account in each financial year.
19 129R. Information
20 The Regional Power Corporation must provide any
21 information, or access to information, that is necessary
22 to assist the Treasurer and the Authority to perform
23 their functions under this Part.
24 129S. Treasurer to recommend regulations
25 Regulations are not to be made for this Part except on
26 the Treasurer's recommendation.
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 27
1 129T. Delegation by Treasurer
2 The Financial Management Act 2006 sections 74(2),
3 76(2) and 77 apply to a power conferred on the
4 Treasurer under a provision of this Part (other than
5 section 129S) as if it were conferred by that Act.
6
7 27. Section 130 amended
8 (1) In section 130(1) delete the definition of Code.
9 (2) In section 130(2):
10 (a) delete paragraph (i) and insert:
11
12 (i) a decision by the Minister under the Code that
13 network infrastructure facilities are to become
14 covered networks or are to cease to be covered
15 networks; or
16 (ia) a decision by the Minister under the Pilbara
17 Networks Access Code that a covered Pilbara
18 network is to be subject to regulation under
19 Part 8 or Part 8A, or is to cease to be subject to
20 regulation under Part 8 or 8A; or
21 (ib) a decision under the Pilbara Networks Access
22 Code as to whether a network service provider
23 of a Pilbara network has satisfied the
24 requirements in the Pilbara Networks Access
25 Code for the provider to opt for the access to
26 services of the network to be subject to
27 regulation under Part 8A or to cease to be
28 subject to regulation under Part 8A; or
29
30 (b) in paragraph (j) after "Code" insert:
31
32 or the Pilbara Networks Access Code
33
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Electricity Industry Amendment Bill 2019
Part 2 Electricity Industry Act 2004 amended
s. 28
1 (c) in paragraph (k) delete "section 104(2)(c); or" and
2 insert:
3
4 section 104B(a); or
5
6 (d) after paragraph (k) insert:
7
8 (ka) a decision by the Authority to approve or not to
9 approve a thing for which the approval of the
10 Authority is required under the Pilbara
11 Networks Access Code; or
12
13 (e) in paragraph (l) delete "Part 8." and insert:
14
15 Part 8 or 8A.
16
17 28. Section 131B inserted
18 After section 131 insert:
19
20 131B. Enforcement of the regulations
21 (1) Without limiting section 131, the regulations may
22 prescribe all matters that are necessary or convenient to
23 be prescribed for the enforcement of the regulations.
24 (2) The regulations may --
25 (a) provide that a contravention of a regulation is
26 an offence; and
27 (b) prescribe a penalty of a fine of not more than
28 $100 000, with or without a daily penalty of a
29 fine of not more than $20 000, for an offence
30 against the regulations.
31
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Electricity Industry Amendment Bill 2019
Electricity Industry Act 2004 amended Part 2
s. 29
1 29. Section 133 amended
2 In section 133(1) delete "the arbitrator" and insert:
3
4 an arbitrator
5
page 63
Electricity Industry Amendment Bill 2019
Part 3 Consequential amendments to other Acts
s. 30
1 Part 3 -- Consequential amendments to other Acts
2 30. Electricity Corporations Act 2005 amended
3 (1) This section amends the Electricity Corporations Act 2005.
4 (2) In section 41:
5 (a) after paragraph (b) insert:
6
7 (ba) to provide stand-alone power systems (as
8 defined in the Electricity Industry Act 2004
9 section 3(1)) in accordance with the regulations
10 and Code made under Part 8 of that Act; and
11
12 (b) in paragraph (i) before "undertake," insert:
13
14 construct, install,
15
16 (3) After section 50(c) insert:
17
18 (ca) to do anything that it is authorised or required
19 to do by the Electricity Industry Act 2004
20 Part 8A (which relates to network access in the
21 Pilbara region) and the regulations, Pilbara
22 Networks Access Code and Pilbara networks
23 rules made under that Part; and
24
25 (4) In section 54(1) in the definition of services delete
26 "section 103." and insert:
27
28 section 3.
29
page 64
Electricity Industry Amendment Bill 2019
Consequential amendments to other Acts Part 3
s. 31
1 (5) In section 54(8) delete "Part 8." and insert:
2
3 Part 8 or 8A.
4
5 31. Energy Operators (Powers) Act 1979 amended
6 (1) This section amends the Energy Operators (Powers) Act 1979.
7 (2) After section 45(4) insert:
8
9 (4A) In subsection (4)(a) --
10 generating works does not include a stand-alone power
11 system (as defined in the Electricity Industry Act 2004
12 section 3(1)) being constructed, installed, operated or
13 maintained in accordance with the regulations and
14 Code made under Part 8 of that Act.
15
16
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