Electricity Industry (Independent Market Operator) Amendment Regulations 2015 (WA)

2 October 2015 GOVERNMENT GAZETTE, WA 3927

ENERGY

EN301*

Electricity Industry Act 2004

Gas Services Information Act 2012

Electricity Industry (Independent Market Operator) Amendment Regulations 2015

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Electricity Industry (Independent Market Operator) Amendment Regulations 2015.
2.	Commencement These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.            Regulations amended

(2A) It is a function of the IMO to assist in the transfer or proposed transfer of a function of the IMO.

These regulations amend the Electricity Industry (Independent
Market Operator) Regulations 2004.

4.            Regulation 3 amended

In regulation 3 in the definition of function delete "and (2)" and insert:

and (2B) to (2)

5.            Regulation 21 amended

After regulation 21(1) insert:

3928 GOVERNMENT GAZETTE, WA 2 October 2015

(211) If it is proposed to transfer a function of the IMO, the

Minister must, by instrument in writing given to the the function is proposed to be conferred.

(2C) A reference to the transfer of a function of the IMO is a

reference to a function being conferred on another function of the IMO.
person under the Electricity Industry Act 2004 or the

(21)) Without limiting the generality of subregulation (2A),

assisting in the transfer or proposed transfer of a

function includes -

(a) assisting with activities relating to a due diligence process in relation to the IMO undertaken by a person upon whom a function

has been or is proposed to be conferred, for the purposes of the transfer or proposed transfer of the function; and

(b)	allowing access to information held by the IMO for the purposes of the transfer or proposed transfer of the function; and
(c)	assisting in the transfer of information, assets, rights, liabilities, members of staff and contracts and other arrangements of the IMO for the purposes of the transfer of the function.

(2E) A due diligence process includes the following

activities -

(a) the examination and review of, and reporting

on, information held by the IMO relating to -

(i)     the financial position of the IMO;

(ii)     the assets, rights, liabilities and

contracts and other arrangements of the

IMO;

(iii)     the terms and conditions on which members of staff of the IMO are employed;

(b) the identification and description of, and

reporting on, systems, assets, rights, liabilities,
members of staff and contracts and other

arrangements of the IMO;

(c) the examination and review of, and reporting

on, contracts and other arrangements of

the IMO.

N. HAGLEY, Clerk of the Executive Council.