Electricity Amendment Act 1996 (WA)

WESTERN AUSTRALIA

ELECTRICITY AMENDMENT

ACT 1996

No. 63 of 1996

AN ACT to amend the Electricity Act 1945.

[Assented to 11 November 1996.]

The Parliament of Western Australia enacts as follows:

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Electricity Amendment Act 1996

s. 1

PART 1 — PRELIMINARY

Short title

1. This Act may be cited as the Electricity Amendment

Act 1996.

Commencement

2. The provisions of this Act come into operation on such day as

is, or days as are respectively, fixed by proclamation.

Principal Act

3. In this Act, the Electricity Act 1945* is referred to as the

principal Act.

[* Reprinted as at 26 June 1984.

For subsequent amendments see 1995 Index to

Legislation of Western Australia, Table 1, p. 68.]

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s. 4

PART 2 — FINES, PENALTIES, DAMAGES AND FEES

PAYABLE AND EXPENDITURE AUTHORIZED

Division 1 — Fines

Fines amended

4. The principal Act is amended, in accordance with the Table to this section, by deleting in the provision referred to in Column 1 of the Table the words set out opposite in column 2 of the Table and substituting the penalty set out opposite in column 3 of the Table.

Table

Provision to

Words to be

Amended penalty

be amended

deleted

7 (1)

One thousand

$2 000

dollars

7 (2)

one hundred

$200

dollars

33B (6) (d)

two hundred

in the case of an

dollars in any case

individual,

$5 000,

and in the case of a b o d y c o r p o r a t e , $20 000

36 (1)

One hundred

$500

dollars

40 (2)

One hundred

$500

dollars

43 (2)

Twenty dollars

$500

47 (1)

Ten dollars

$1 000

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Electricity Amendment Act 1996

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Twenty dollars

$200

50 (1)

Two hundred

In the case of an

dollars

individual,

$2 000,

and in the case of a b o d y c o r p o r a t e , $10 000

forty dollars

in the case of an

individual,

$5 000,

and in the case of a b o d y c o r p o r a t e , $20 000

Section 33D amended

5. Section 33D of the principal Act is amended by deleting paragraphs (a), (b) and (c) and ‘‘and’’ after paragraph (b) and substituting the following —

‘‘

(a)	in the case of an individual, to a fine of $5 000; and
(b)	in the case of a body corporate, to a fine of $20 000.

’’.

Division 2 — Penalties

Section 49 amended

6. Section 49 (1) of the principal Act is amended —

(a)	bydeleting‘‘tendollars’’andsubstitutingthe following —

‘‘ $100 ’’; and

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(b)	bydeleting‘‘fourdollars’’andsubstitutingthe following —

‘‘ $50 ’’.

Division 3 — Damages

Section 19 amended

7. Section 19 (2) of the principal Act is amended —

(a)	bydeleting‘‘twentydollars’’andsubstitutingthe following —

‘‘ $200 ’’; and

(b)	bydeleting‘‘tendollars’’andsubstitutingthe following —

‘‘ $100 ’’.

Section 50 amended

8. Section 50 (2) of the principal Act is amended by deleting

‘‘forty dollars’’ and substituting the following —

‘‘ $200 ’’.

Section 51 amended

9. Section 51 (1) of the principal Act is amended by deleting

‘‘one hundred dollars’’ and substituting the following —

‘‘ $500 ’’.

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Electricity Amendment Act 1996

s. 10

Division 4 — Fees

Section 41 amended

10. Section 41 (3) (b) of the principal Act is amended —

(a)	bydeleting‘‘fiftycents’’andsubstitutingthe following —

‘‘ $20 ’’; and

(b)	by deleting ‘‘six dollars thirty cents’’ and substituting the following —

‘‘ $50 ’’.

Division 5 — Expenditure

Section 8 amended

11. Section 8 (2) of the principal Act is amended by deleting

‘‘one hundred dollars’’ and substituting the following —

‘‘ $500 ’’.

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s. 12

PART 3 — ELECTRICAL APPLIANCES

Section 33B amended

12. Section 33B (5) of the principal Act is amended —

(a)

byrepealingparagraph(b)andsubstitutingthe ‘‘

(b)

TheDirectormayapprovetheelectrical appliance, without an examination or test of the electrical appliance, where —

(i)	the appliance has been approved by a duly constituted authority in another State of the Commonwealth, in which case the approval may take the form of the approval of that authority; or
(ii)	the appliance has been approved by a person recognized by the Director as a competent authority for that purpose and carries a mark recognized by the Director for that purpose.

’’;

and

(b)

byinsertingafterparagraph(b)thefollowing ‘‘

(c)	The recognition of a person by the Director as a competent authority for the purposes of paragraph (b) does not have any effect in relation to the approval or marking of an electrical appliance if the person may have a financial interest in the manufacture, sale or hire of that appliance.
(d)	TheDirectormay,bynoticepublishedin the Gazette, specify the persons and the marks which are recognized by the Director for the purposes of paragraph (b).

’’.

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Electricity Amendment Act 1996

s. 13

PART 4 — ENERGY EFFICIENCY

Part IVB inserted

13. After section 33D of the principal Act the following Part is

inserted —

‘‘

PART IVB — ENERGY EFFICIENCY

Energy efficiency standards

33E. (1) Regulations may be made under section 32 in respect of the conservation and management of electrical energy, and any such regulations may —

(a)

setminimumenergyefficiencystandardswith which any electrical apparatus or installation must comply;

(b)

specify procedures to be used, and measurements to be taken, to —

(i)	assess the relative energy efficiency of any electrical apparatus or installation; or
(ii)	ascertainwhetherornotanyelectrical apparatus or installation complies with prescribed energy efficiency standards;

(c)

provide for the declaration, by notice published in the Gazette, of —

(i)	the various types or classes of apparatus or installation that are to be subject to the regulations; and

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(ii) the procedures, measurements or formulae, either expressly or by reference to published technical documents, to be used for the evaluation of the energy consumption rate and the energy efficiency rating;

(d)

specifytheproductinformationstandard requirements, and the form and manner of disclosure required, in relation to any such apparatus or installation;

(e)

prescribe labelling requirements;

(f)

provide that the requirements of this Act, or the specific requirements prescribed, are to be deemed to have been complied with if the apparatus or installation in question has been approved under, or is labelled in accordance with, the relevant provisions of —

(i)

theStateElectricityCommission(Energy Efficiency Labelling) Regulations 1987, the State Electricity Commission (Energy Efficiency Labelling) (Refrigerative Air Conditioners) Regulations 1988, the State Electricity Commission (Energy Efficiency Labelling) (Dishwashers for Domestic Use) Regulations 1988, the State Electricity Commission (Energy Efficiency Labelling) (Rotary Clothes Dryers) Regulations 1989, or the State Electricity Commission (Energy Efficiency Labelling) (Clothes Washing Machines) Regulations 1990 made under the State Electricity Commission Act 1958 of the State of Victoria;

(ii)

theElectricalProductsRegulations1990 made under the Electrical Products Act 1988 of the State of South Australia;

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(iii) theElectricity(EnergyLabellingof Electrical Articles) Regulations 1995 made under the Electricity Act 1945 of the State of New South Wales;

(iv) theElectricity(ElectricalArticles) Regulations 1994 made under the Electricity Act 1994 of the State of Queensland; or

(v) anyothercorrespondinglawspecifiedfor the purpose of this regulation by notice published in the Gazette;

and

(g)	provideforexclusionsorexemptionsfromthe application of the regulations.

(2) The Director may approve an apparatus or installation, or a manner of labelling, for the purposes of this Part where —

(a)	the apparatus or installation is approved, or the label is registered, by a duly constituted author i ty in another State o f the Commonwealth; or
(b)	theapprovalwasgiven,orthelabellingwas carried out, by a person recognized by the Director as a competent authority for that purpose,

and the apparatus or installation carries a mark recognized

by the Director for that purpose.

(3) The Director may, by notice published in the Gazette, specify the authorities, the persons and the marks which are recognized by the Director for the purposes of subsection (2).

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(4)	An approval given by the Director for the purposes

of this Part —

(a)	is, unless sooner revoked, valid for 5 years or such lesser period as may be specified by the Director; and
(b)	may be revoked by the Director.

Offences related to energy efficiency labelling

33F. Where by regulations to which this Part relates any apparatus or installation is required to be labelled in accordance with those regulations a person who —

(a)	sells or hires;
(b)	exposes or advertises for sale or hire; or
(c)	causestobesoldorhired,orexposedor advertised for sale or hire,

any such apparatus or installation, not being so labelled,

commits an offence.

Penalty:

In the case of an individual, $5 000 and in the

case of a body corporate, $20 000.

’’.

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s. 14

PART 5 — OTHER AMENDMENTS

Section 5 amended

14. Section 5 (1) of the principal Act is amended —

(a)	by inserting in the appropriate alphabetical position the following definition —

‘‘

‘‘electric installation’’ includes all wiring, wiring enclosures, switch gear, control and protective gear, appliances, and other components permanently connected to or associated with the wiring, on premises to which electricity is or is intended to be supplied through distribution works, and where electricity is supplied from a private generating plant includes that plant;

’’;

and

(b)	bydeletingthedefinitionof‘‘supplyauthority’’and substituting the following definition —

‘‘

‘‘supply authority’’ means any person who supplies electricity to the public under the authority of a consent given pursuant to section 7 or as specifically authorized by any other Act by means of transmission or distribution works owned or operated by that person, and may in accordance with section 6 (1) include a reference to the Electricity Corporation;

’’.

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s. 15

Section 6A repealed

15. Section 6A of the principal Act is repealed.

Section 7 amended

16. Section 7 of the principal Act is amended —

(a)	insubsection(1),bydeleting‘‘Afterthe commencement of this Act’’ and substituting the following —

‘‘ Subject to subsections (3) and (4), ’’; and

(b)	byrepealingsubsection(3)andsubstitutingthe following subsections —

‘‘

(3) Subsection (1) does not apply to or in

relation to any generating works which —

(a)

areusedsolelyforthepurposeof generating electricity for supply to a private electric installation, where that installation —

(i)

is owned, controlled or operated

by; and

(ii)

is located on the same premises as are the generating works, being premises owned or occupied by,

the person who owns, controls or

operates the generating works; and

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(b)	aresodesignedastoprevent operation in parallel with the transmission or distribution system of a supply authority, or of the Electricity Corporation, whether that operation is deliberate or accidental.

A person who sells electricity supplied to that person by a supply authority, but only to tenants of that person occupying premises owned by that person and at prices not in excess of the prescribed charges, shall not by doing so be taken, for the purposes of subsection (1), to require to obtain the consent of the Coordinator.

(4)

’’.

Section 8 amended

17. Section 8 (2) of the principal Act is amended by inserting

before ‘‘which’’ the following —

‘‘ or a supply authority ’’.

Section 18 amended

18. Section 18 of the principal Act is amended —

(a)	in paragraph (b), by deleting ‘‘, shall be at least six metres from such surface’’ and substituting the following —

‘‘

shall be constructed in accordance with the technical standards, and with the clearances from structures and surfaces, prescribed

’’;

and

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(b)	in paragraph (e), by deleting ‘‘but so that any line of aerial and any lamp shall be at least five metres from the surface of the earth on which the building is situate’’.

Section 25 amended

19. Section 25 (2) of the principal Act is amended —

(a)	by deleting ‘‘Subject as hereinafter provided —

(a)’’; and

(b)	by deleting paragraph (b).

Section 30 repealed and a section substituted

20. Section 30 of the principal Act is repealed and the following

section is substituted —

‘‘

Powers of inspectors, relating to electricity

30.

(1)

The exercise of a power conferred by this section

is subject to —

(a)	thetermsofthedesignationoftheinspector under the Energy Coordination Act 1994; and
(b)	Part 3 of that Act.

(2) Where an inspector is of the opinion, having inspected any thing which that inspector is authorized to inspect, that —

(a)	the thing is dangerous; or

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(b)

the thing has been rendered dangerous, having regard to its actual or possible use, by —

(i)	the introduction of any other object into the proximity of that thing;
(ii)	the use of any other object in conjunction with or in relation to that thing; or

(iii) any circumstance,

the inspector may serve an order, in writing, specifying the reason for that opinion, on the person who has apparently caused the danger, or who has apparent control of that thing, or who is responsible under this Act for the control of that thing, requiring that immediate steps be taken to remove or mitigate the danger, in such manner, if any, as the order may specify.

If the inspector is of the further opinion that any immediate steps taken or to be taken under an order served under subsection (2) may not remove the danger, or are in the nature of a temporary expedient, the inspector may serve an order, in writing, specifying the reason for that opinion, on —

(3)

(a)	the person having apparent control of that thing;
(b)	the person who is responsible under this Act for the control of that thing;
(c)	the person having apparent control of an object, specified in the order, which may render that thing dangerous; or
(d)	thepersonwhoisresponsibleforthe circumstance, specified in the order, which may render that thing dangerous.

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An order served under subsection (3) may require

that, within such period of not less than 28 days as that

order may specify —

(4)

(a)	the thing giving rise to the danger be modified, dismantled or removed; or
(b)	a specified object the introduction of which may render that thing dangerous, or a specified circumstance which may render that thing dangerous, be so dealt with as to remove the danger,

in such manner, if any, as the order may specify.

An inspector may inspect any work practice related to safety used in, or in relation to, the construction, repair, maintenance or operation of any thing the inspector is authorized to inspect and, if in the opinion of the inspector such a work practice may give rise to any danger from electricity or does not comply with this Act, by order in writing given to the person appearing to be responsible for the carrying out of that work practice, specifying the work practice of concern and the reason why it is unsafe or does not so comply, require —

(5)

(a)	the modification of that work practice, in such manner, if any, as the order may specify, within such period of not less than 28 days as the order may specify; and
(b)	that meanwhile the work practice be carried out in accordance with any condition, restriction or limitation specified in the order until the modification required under paragraph (a) has taken effect,

or may prohibit the carrying out of the work practice

absolutely.

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(6) A person aggrieved by any order made by an inspector under subsection (3) or (5) may appeal in the prescribed manner in accordance with section 19 of the Energy Coordination Act 1994 as though the order were an order made under section 18 of that Act.

A person who fails to comply with any requirement

of an order served under subsection (3) or (5) commits an

offence.

(7)

’’.

Section 32 amended

21. Section 32 (5) of the principal Act is amended, in paragraph

(b), by deleting ‘‘the responsible Ministers have consulted with’’

and substituting the following —

‘‘

consultation between the Coordinator or the Director, as the

case may require, and

’’.

By Authority: JOHN A. STRIJK, Acting Government Printer