Electricity Industry (Pilbara Networks) Amendment Regulations 2022 (WA)

5240   GOVERNMENT GAZETTE, WA 4 November 2022

ENERGY

EN301

Electricity Industry Act 2004

Electricity Industry (Pilbara Networks)

Amendment Regulations 2022

SL 2022/183

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Electricity Industry (Pilbara

Networks) Amendment Regulations 2022.

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

These regulations amend the Electricity Industry (Pilbara

Networks) Regulations 2021.

4.             Regulation 16A inserted

At the end of Part 4 insert:

Regulations 2022 regulation 4 comes into operation; Electricity Industry (Pilbara Networks) Amendment

16A. Competition authorisations (Act s. 120ZF)

(1) In this regulation —

arrangement has the meaning given in

section 120ZF(1) of the Act;

authorised person means —

(a)	the Pilbara ISO; or
(b)	a director or member of the Pilbara ISO; or
(c)	a delegate of the Pilbara ISO;

commencement day means the day on which the

4 November 2022 GOVERNMENT GAZETTE, WA 5241

done includes made, entered into, engaged in, imposed,
carried out and given effect to;
registered controller has the meaning given in
rule 8(1) of the Pilbara networks rules as in force on
commencement day;
registered NSF has the meaning given in rule 8(1) of
the Pilbara networks rules as in force on
commencement day.

This regulation applies to an arrangement, act, matter or thing (a relevant event) that is done within the period of 2 years beginning on commencement day.

For the purposes of the Competition and Consumer a relevant event is authorised if it is done by

(a) an authorised person in the performance of, or
otherwise in relation to, a function that the
Pilbara ISO has

(i)     under the Pilbara Networks Access Code or Pilbara networks rules; or

(ii)

under protocols, procedures or other of the Pilbara ISO's functions made as authorised by the Pilbara networks rules under regulation 8(d); or

(iii)     otherwise under the Act in relation to the Pilbara Networks Access Code or Pilbara networks rules;

or

(b)	a person, including a registered controller or registered NSP, in the performance of, or otherwise in relation to, a function that the
person has

(i)     under the Pilbara Networks Access Code or Pilbara networks rules; or

(ii)

under protocols, procedures or other of the Pilbara ISO's functions made as authorised by the Pilbara networks rules under regulation 8(d); or

(iii)     otherwise under the Act in relation to the Pilbara Networks Access Code or Pilbara networks rules.

5242   GOVERNMENT GAZETTE, WA 4 November 2022

(4) However, this regulation does not authorise a relevant

event done by a person to the extent that the event, when done by the person, is conduct specified in an authorisation that is in force under the Competition and

Consumer Act 2010 (Commonwealth) Part VII

Division 1.

V. MOLAN, Clerk of the Executive Council.