Energy Coordination (Designation of Inspectors) Amendment Regulations 2007 (WA)

20 March 2007 GOVERNMENT GAZETTE, WA 1043

I.	Citation These regulations are the Energy Coordination (Designation of
Inspectors) Amendment Regulations 2007.

EN302*

Energy Coordination Act 1994 Criminal Procedure Act 2004

Energy Coordination (Designation of Inspectors)

Amendment Regulations 2007

Made by the Governor in Executive Council.

1044 GOVERNMENT GAZETTE, WA 20 March 2007

2.            The regulations amended

The amendments in these regulations are to the Energy
Coordination (Designation of Inspectors) Regulations 1995*•

[* Reprint 1 as at 7 May 2004.

For amendments to 16 January 2007 see Western Australian
Legislation Information Tables for 2005, Table 4.]

3.             Part heading inserted

Before regulation I the following Part heading is inserted

"

Part 1 - Preliminary

4.             Regulation 1 amended

Regulation 1 is amended by deleting "(Designation of
Inspectors)" and inserting instead -

(Inspectors and Infringement Notices) ".

5.            Regulation 4 replaced

Regulation 4 is repealed and the following regulation is inserted instead -

46  

4.           Forms

The forms set Out in Schedule 1 are prescribed in relation to the matters specified in those forms.

6. Part heading inserted
Before regulation 5 the following Part heading is inserted

44  

Part 2 - Designation of inspectors

7. Part 3 inserted
After regulation 8 the following Part is inserted -

Part 3 - Infringement notices

9.            Prescribed offences and modified penalties

(1)	The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.
(2)	The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004
section 5(3).

20 March 2007 GOVERNMENT GAZETTE, WA 1045

10.          Authorised officers and approved officers

(1)	The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes the Criminal Procedure Act 2004 Part 2.
(2)	The Director is to issue to each authorised officer a certificate of his or her appointment.

8.            Schedule 1 amended

(1) Schedule 1 is amended by deleting -

46

Schedule 1

ENERGY COORDINATION ACT 1994

ENERGY COORDINATION (DESIGNATION OF INSPECTORS)

REGULATIONS 1995

[Regulation 41

CERTIFICATE OF DESIGNATION

and inserting instead -

Schedule I Forms

[r. 4]

Form 1 - Certificate of designation

Energy Coordination Act 1994

Energy Coordination (Inspectors and

Infringement Notices) Regulations 1995

CERTIFICATE OF DESIGNATION

(2) The following forms are inserted at the end of Schedule 1 -

"

Form 2 - Infringement notice

Energy Coordination Act 1994	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Energy Coordination Act 1994 S.
Date / /20 Time am/p.m.
Modified penalty $

1046 GOVERNMENT GAZETTE, WA 20 March 2007

Officer	Name
issuing	Signature
notice	Office
Date	Date of notice / /20
Notice to	It is alleged that you have committed the above offence.
alleged	If you do not want to be prosecuted in court for the offence, pay
offender	the modified penalty within 28 days after the date of this notice. By post: Send a cheque or money order (payable to 'Director

of Energy Safety') to: Director of Energy Safety [Address]

In person: Pay the cashier at:

Energy Safety

[Address]

If you do not pay the modified penalty within 28 days, you will
be prosecuted or enforcement action will be taken under the
Fines, Penalties and Infringement Notices Enforcement Act 1994.
Under that Act your driver's licence and/or vehicle licence may
be suspended.
If you need more time to pay the modified penalty, you can
apply for an extension of time by writing to the Director of
Energy Safety at the above address.

If you want this matter to be dealt with by prosecution in court, tick this box LI and post this notice to the Director of Energy Safety at the above address within 28 days after the date

of this notice.

Form 3 - Withdrawal of infringement notice

Energy Coordination Act 1994	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Infringement Infringement notice no.

notice Date of issue /20

/

Alleged	Description of offence
offence

Energy Coordination Act 1994 s.

Date / /20 Time a.m./p.m.

Officer Name

withdrawing Signature

notice	Office
Date	Date of withdrawal / /20
Withdrawal	The above infringement notice issued against you has been
of	withdrawn.
infringement	If you have already paid the modified penalty for the alleged
notice	offence you are entitled to a refund. * Your refund is enclosed.
[*delete	or
whichever
is not applicable]	* If you have paid the modified penalty but a refund is not

enclosed, to claim your refund sign this notice and post it to:

Director of Energy Safety

[Address]

Signature / /20

20 March 2007 GOVERNMENT GAZETTE, WA 1047

9.            Schedule 2 inserted

After Schedule 1 the following Schedule is inserted —

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Schedule 2 — Prescribed offences and

modified penalties

[r. 9]

Offences under Energy Coordination Act 1994 Modified penalty
Individual Body

corporate

s. 20(1)(b)	Failing to give inspector access to land,
premises or thing, or to give reasonable
assistance, when required under s. 14(b) $500 $2 000
s. 20(2)	Failing to provide information, records or documents when requested under s. 14(d) $500 $2 000
s. 20(4)	Failing to comply with order given by inspector under s. 18 $500 $2 000

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.