Energy Coordination (Inspectors and Infringement Notices) Amendment Regulations 2007 (WA)

30 November 2007 GOVERNMENT GAZETTE, WA 5931

ENERGY

IN301*

Energy Coordination Act 1994

Energy Coordination (Inspectors and

Infringement Notices) Amendment

Regulations 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Energy Coordination (Inspectors and
Infringement Notices) Amendment Regulations 2007.

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 on which the Gas and Electricity Safety Legislation Amendment Act 2007 section 10 comes into operation.

3.           The regulations amended

The amendments in these regulations are to the Energy
Coordination (Inspectors and Infringement Notices)
Regulations 1995.

4.            Regulation 1 amended

the Act;

Regulation 1 is amended by deleting "(Inspectors and
Infringement Notices)" and inserting instead -

(General) ".

5.            Part 4 inserted

After regulation 10 the following Part is inserted

Part 4 - Appeals under section 19B(2)(b) of

the Act

11. Terms used in this Part
In this Part -
"appeal" means an appeal under section 19B(2)(b) of

5932 GOVERNMENT GAZETTE, WA 30 November 2007

"appellant" means a network operator who

commences an appeal;

"technical review panel" means a panel mentioned in

section 1913(2)(b) of the Act.

12.          Technical review panel

(1) If an appeal is made under section 19B(2)(b) of the
Act, the chief executive officer must convene a
technical review panel.

(2) The technical review panel is to consist of

3 professional engineers who are competent to deal
with the matter the subject of the appeal appointed by
the chief executive officer from individuals nominated
by the President of the Western Australian Division of

The Institution of Engineers Australia.

(3) The chief executive officer must appoint one of the

members of the technical review panel to be the

chairperson.

(4) The chief executive officer may -

(a)	direct that the members of the technical review panel are to be paid remuneration; and
(b)	determine the amount of any such payments on the recommendation of the Minister for Public Sector Management.

(5) The chief executive officer must provide the technical
review panel with such support services as it may
reasonably require.

13.          Procedure

(1) An appeal must be commenced by the appellant giving

the chief executive officer a notice of appeal.

(2) The notice of appeal must -

(a)	be in writing; and
(b)	set Out the grounds of appeal; and
(c)	set Out any representations that the appellant wishes to make in support of the appeal.

(3) The notice of appeal must be given to the chief

executive officer within 30 days after the day on which

the appellant received -

(a)	written notice of the Director's determination under section 19A(5) of the Act; or
(b)	written notice of the Director's refusal to approve an agreement reached under section 18C(6) of the Act.

30 November 2007 GOVERNMENT GAZETTE, WA 5933

(4) The chief executive officer must give the technical

review panel the notice of appeal as soon as practicable

after the technical review panel is convened.

(5) Subject to subregulation (6), the technical review panel

may determine its own procedure.

(6) The technical review panel must give the Director —

(a)	a copy of the notice of appeal; and
(b)	a reasonable opportunity to make submissions in relation to the appeal.

(7) The technical review panel must complete the review
by making a decision under section 19B(3) of the Act
within the period specified by the chief executive

officer in writing.

(8) The technical review panel must give the appellant and

the Director written notice of its decision made under

section 19B(3) of the Act.

By Command of the Governor,

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