Electricity Industry (Wholesale Electricity Market) Amendment Regulations 2016 (WA)

229G GOVERNMENT GAZETTE, WA 24 June 2016

ENERGY

EN301*

Electricity Industry Act 2004

Electricity Industry (Wholesale Electricity

(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 fixed by the
Minister by an order published in the Gazette.

Market) Amendment Regulations 2016

Made by the deputy of the Governor in Executive Council.

1.            Citation

These regulations are the Electricity Industry (Wholesale Electricity Market) Amendment Regulations 2016.
2.	Commencement These regulations come into operation as follows —

24 June 2016 GOVERNMENT GAZETTE, WA 2297

3.            Regulations amended

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

4.            Regulation 11 replaced

Delete regulation 11 and insert:

11.          Functions of Economic Regulation Authority

(1)	The market rules may confer functions and impose requirements on the Authority.
(2)	The Authority is responsible for the development, in accordance with the market rules, of amendments of and replacements for the market procedures, to the
extent to which the procedures relate to its functions.
(3)	The Authority is to maintain an internet website for the purpose of publishing and releasing information to participants that relates to its functions under the market rules.

5.            Regulation 17B inserted

After regulation 17A insert:

17B. Transitional market rules for transfer of functions
from IMO to Authority

(1) Without limiting regulation 17(n), the market rules

may provide for transitional matters arising in
connection with the transfer of a function from the

IMO to the Authority including, without limitation, by

providing for -
(a)	a thing done or omitted to be done by, to or in relation to the IMO before the transfer to be taken after the transfer to have been done or omitted by, to or in relation to the Authority; and
(b)	a right or obligation of the IMO before the transfer to be taken after the transfer to be a right or obligation of the Authority; and
(c)	a reference to the IMO in an instrument or document made or given for the purposes of these regulations or the market rules to be taken after the transfer to be a reference to the Authority.

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(2) A reference in this regulation to the transfer of a

function from the IMO to the Authority is a reference

to a function -

(a)	being conferred on the Authority under these regulations or the market rules; and
(b)	ceasing to be a function of the IMO under these regulations or the market rules.

6.            Regulation 21 amended

In regulation 21(2)(b) after "functions under" insert:

these regulations or

7.            Regulation 31 amended

(1) In regulation 3 1(1):

(a) delete "IMO" (1 and 2" occurrences) and insert:

Authority

(b) delete "IMO" (31(1 occurrence) and insert:

operator

(2) In regulation 31(3)(b) delete "IMO" (each occurrence) and

insert:

Authority

(3) In regulation 31(4) delete "IMO" and insert:

Authority

(4) In regulation 31(5):

(a) in paragraphs (d) and (e) delete "IMO" and insert:

Authority

(b) in paragraph (g) delete "IMO's" and insert:

Authority's

24 June 2016 GOVERNMENT GAZETTE, WA 2299

(c) in paragraph (h)(i) delete "IMO" and insert:

operator

(d) in paragraph (h)(ii) delete "IMO's" and insert:

Authority's

(e) in paragraph (h) delete "IMO may" and insert:

Authority may

(5) In regulation 31(6):

(a) in paragraph (a) delete "IMO" and insert:

Authority

(b)	in paragraph (b) delete "IMO's" and insert: Authority's
(c)	delete "IMO may," and insert:

Authority may,

(6) In regulation 31(7):

(a) in paragraph (a) delete "IMO" and insert: Authority

(b)	in paragraph (b) delete "IMO; and" and insert:
operator; and
(c)	in paragraph (c) delete "IMO's" and insert: Authority's

(7) In regulation 31(8):

(a) delete "IMO" (V occurrence) and insert:

Authority

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(b) delete "IMO" (2m1 occurrence) and insert:

operator

Note: The heading to amended regulation 31 is to read:

Authority may demand civil penalty for contravention of category A civil penalty provision

8.           Regulation 32 amended

(1)	In regulation 32(1) and (2) delete "IMO" (each occurrence) and insert:
Authority
(2)	Delete regulation 32(3), (4) and (6).

9.            Regulation 33 amended

(1)	In regulation 33(1)(a) delete "IMO" and insert:
operator
(2)	In regulation 33(3)(b) and (5) delete "IMO" (each occurrence) and insert:
Authority
(3)	In regulation 33(6):

(a)	delete "IMO" (I t occurrence) and insert:
Authority
(b)	delete "IMO" (2fld occurrence) and insert:

operator

10. Regulation 37 amended
In regulation 37 delete "IMO" (each occurrence) and insert:

operator

Note: The heading to amended regulation 37 is to read:

Application of civil penalties received by operator

24 June 2016 GOVERNMENT GAZETTE, WA 2301

11. Regulation 38 replaced
Delete regulation 38 and insert:

38. Authority to notify certain persons of decisions not
to take action

(1) If the operator is given information by a person in

relation to a contravention or possible contravention of

a provision of the market rules by a participant -

(a)	the operator must give the information to the Authority; and
(b)	if authorised by the person to do so, the operator must give the person's contact details to the Authority.

(2) Subregulation (3) applies if the Authority is given

information in relation to a contravention or possible contravention of a provision of the market rules by a participant -

(a)	by a person (otherwise than anonymously); or
(b)	by the operator under subregulation (1)(a), together with the contact details referred to in subregulation (1)(b).

(3) If the Authority -

(a)	decides not to investigate the contravention or possible contravention; or
(b)	following an investigation, decides not to demand a civil penalty under regulation 31 or seek an order from the Board under regulation 33,

the Authority must, in writing, notify the person who

gave the information to the Authority or to the operator

(whichever is relevant) of the decision.

12.         Regulation 39 amended

(1) In regulation 39(1) delete "IMO" (each occurrence) and insert:

Authority

(2) Delete regulation 39(2).

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13.          Regulation 40 amended

(1) Before regulation 40(1) insert:

(I AA) In this regulation -

person required to pay means, as the case requires -

(a)	a registered participant required to pay an amount, as referred to in subregulation (1 )(a)(i) or (2)(a)(i); or
(b)

the operator required to pay an amount, as or (2)(a)(ii).

(2) Delete regulation 40(1)(a) and insert:

(a) either-

(i)     a registered participant is required to pay an amount to another registered participant or to the operator; or

(ii)     the operator is required to pay an amount to a registered participant;

and

(3) Delete regulation 40(2)(a) and insert:

(a) either-

(i)     a registered participant is required to pay an amount to another registered participant or to the operator; or

(ii)     the operator is required to pay an

amount to a registered participant;

and

(4) In regulation 40(3) delete "participant, the operator or the IMO"

and insert:
participant or the operator

14.          Regulation 51 amended

Delete regulation 51(e).

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15.          Part 10 inserted

After regulation 54 insert:

Part 10— Authority may prosecute offences

55.          Authority may prosecute offences

A prosecution for an offence against these regulations may be commenced by the Authority or a person authorised by the Authority to do so.

16.          Various references to "IMO" amended

In the provisions listed in the Table delete "IMO" (each occurrence) and insert:

Authority

.1 a ble

r. 19(1) penalty	r. 19(2) penalty
r. 20	r. 22 def. of civil penalty
r. 23	r. 34(1)

N. HAGLEY, Clerk of the Executive Council.