Electricity Industry (Wholesale Electricity Market) Amendment Regulations 2009 (WA)

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31 December 2009 GOVERNMENT GAZETTE, WA 5375

Electricity Industry Act 2004

Electricity Industry (Wholesale Electricity

Market) Amendment Regulations 2009

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.             Citation

These regulations are the Electricity Industry (Wholesale
Electricity Market) Amendment Regulations 2009.

2.             Commencement

These regulations come into operation when the National Gas
Access (WA) Act 2009 Part 3 comes into operation.

3.             Regulations amended

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

4.             Regulation 42 amended

In regulation 42(2) delete “1998” and insert:

1998 as in force immediately before that Schedule was
deleted by the National Gas Access (WA) Act 2009
section 51

5376 GOVERNMENT GAZETTE, WA 31 December 2009

Electricity Industry (Wholesale Electricity Market) Amendment

Regulations 2009

r. 5

5.             Regulation 49 replaced

Delete regulation 49 and insert:

49.           Functions of the Board

(1) In this regulation —

Board function means —

(a)

the making of an order by the Board under regulation 31(7) or 33; or

(b)

the review of a reviewable decision by the Board under regulation 42 or 43.

(2) The provisions of the Energy Arbitration and Review
Act 1998 Part 6 Division 2 (except section 50) apply to
and in relation to the Board’s functions.
(3) The provisions referred to in subregulation (2) apply
with the following modifications —

(a)

the Energy Arbitration and Review Act 1998 sections 57(1) and 59(4) apply subject to the market rules;

(b)

the Energy Arbitration and Review Act 1998 section 58 does not apply to the extent to which it is inconsistent with regulation 50(1);

(c)

in relation to the review of a procedural decision — modifications resulting from regulation 43.

(4) The provisions of the Gas Pipelines Access (Western
Australia) Act 1998 Schedule 1 section 38(7) and (10)
as in force immediately before that Schedule was
deleted by the National Gas Access (WA) Act 2009
section 51 apply to and in relation to the Board’s
functions.
31 December 2009 GOVERNMENT GAZETTE, WA 5377

Electricity Industry (Wholesale Electricity Market) Amendment

Regulations 2009

r. 5

(5) The provisions referred to in subregulation (4) apply
with the following modifications —

(a)

a reference to the relevant appeals body is to be read as a reference to the Board;

(b)

in relation to the review of a procedural decision — modifications resulting from regulation 43.

By Command of the Lieutenant-Governor and deputy of the Governor,

PETER CONRAN, Clerk of the Executive Council.

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