Energy Regulations Amendment Regulations 2023 (WA)

21 April 2023 GOVERNMENT GAZETTE, WA 797

EN302

Electricity Industry Act 2004

Gas Services Information Act 2012

Energy Regulations Amendment

Regulations 2023

SL 2023/32

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.            Citation

These regulations are the Energy Regulations Amendment

Regulations 2023.

2.              Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	Part 3 (but only regulations 7 and 9) — on 22 April 2023;
(c)	the rest of the regulations — at 8 am on 1 October 2023.

Part 2 — Electricity Industry (Pilbara Networks)

Regulations 2021 amended

At the end of Part 3 insert: 

3.             Regulations amended

This Part amends the Electricity Industry (Pilbara Networks)

Regulations 2021.

4.             Part 3 Division 1 heading inserted

At the beginning of Part 3 insert:

Division 1 — General

5.             Part 3 Division 2 inserted

798 GOVERNMENT GAZETTE, WA 21 April 2023

Division 2 Review of reviewable decisions

13A.	Term used: reviewable decision
(1)	In this Division procedural decision means a reviewable decision made under a provision listed in the Table to Schedule 1 clause 2; reviewable decision means a decision that is reviewable under section 120Z(1) of the Act.
(2)	Decisions made under provisions of the Pilbara networks rules listed in the Table to Schedule 1 clause 1 are specified for the purposes of
section 120Z(1) of the Act.
13B.	Review by Board: all reviewable decisions
(1)	A person whose interests are adversely affected by a reviewable decision may apply to the Board for a review of the decision.
(2)	The Board may make an order affirming, setting aside or varying (immediately or as from a specified future date) the decision and, for the purposes of the review, may exercise the same powers with respect to the
subject matter of the decision as may be exercised with respect to that subject matter by the person who made the decision.
(3)	The Board may refuse to review a reviewable decision if it considers that the application for review is trivial or vexatious.
(4)	A determination by the Board on the review of a
reviewable decision has the same effect as if it were
made by the person who made the decision.
(5)	The Board must give an applicant written reasons for a determination that

(a)	the applicant is not a person whose interests are adversely affected by a reviewable decision; or
(b)	the application is trivial or vexatious.

(6)	This regulation is subject to regulation 13C.
13C.	Review by Board: procedural decisions
(1)	In reviewing a procedural decision, the Board is to consider only the question of whether the decision maker followed the procedure required to be followed
under these regulations or the Pilbara networks rules in connection with the making of the decision.

21 April 2023 GOVERNMENT GAZETTE, WA 799

(2)	In reviewing a procedural decision, the Board is to be constituted by a legal practitioner only.
(3)	In reviewing a procedural decision, the Board must

(a)	if it finds that the decision maker followed the
procedure affirm the decision; or
(b)	if it finds that the decision maker did not follow the procedure set the decision aside and remit the matter to the decision maker.

(4)	If the Board remits a matter to the decision maker under subregulation (3)(b), the Board may make recommendations as to how the decision maker should go about making the decision.
13D.	Application for review
(1)	An application for review of a reviewable decision must be made within

(a)	if notice of the making of the decision is required by these regulations or the Pilbara networks rules to be given to a person affected by the decision 28 days after the day on which the notice is given; or
(b)	in any other case 28 days after the day on which notice of the making of the decision is published in accordance with subregulation (2).

For the purposes of subregulation (1)(b), notice of the making of a decision is published if the notice is published on a website maintained by the Coordinator.

An application for review of a reviewable decision must

(a) be in writing; and

(b)	state the name and address of the applicant; and
(c)	provide details of the decision, including who made the decision and under which regulation or Pilbara Networks rule the decision was made
or purportedly made; and
(d)	state how the applicant is adversely affected by the decision.

(4)	The Board may extend the time within which an application for review of a reviewable decision may be made by 14 days, and may do so even though the time has elapsed.
(5)	The Board must give written notice of an application for review of a reviewable decision to the person who made the decision.

800 GOVERNMENT GAZETTE, WA 21 April 2023

13E.	Effect of application for review
(1)	The making of an application for review of a reviewable decision does not affect the operation of the decision or prevent the taking of action to implement it unless the Board, on application by a party to the proceedings, makes an order under subregulation (2).
(2)	The Board may make an order staying or otherwise affecting the operation or implementation of the whole or a part of the decision if the Board thinks that it is appropriate to do so for the purpose of securing the effectiveness of the hearing and determination of the application, after taking into account the interests of any persons who may be affected by the review.
(3)	An order under subregulation (2)

(a)	may be varied or revoked; and
(b)	is subject to the conditions specified in the order; and
(c)	has effect until the earlier of—

(i)     the end of the period of operation specified in the order (if any); or

(ii)     the time at which the decision of the Board on the application comes into operation.

13F.	Procedure generally
(1)	This regulation applies to proceedings before the Board for a review of a reviewable decision.
(2)	The Board must make its determination on the review within 120 days after receiving the application for review.

(3)	The Board may extend, or further extend, the period referred to in subregulation (2) by a period of 30 days if it considers that the matter cannot be dealt with properly without the extension, either because of its complexity or because of other special circumstances.
(4)	If the Board extends the period referred to in subregulation (2), it must, before the end of the period, notify the applicant of the extension and the reasons for it.
(5)	The Board may require the Pilbara ISO or the Authority to give information and other assistance, and to make reports, as specified by the Board for the purposes of the proceedings.

21 April 2023 GOVERNMENT GAZETTE, WA 801

(6) In the proceedings

(a)	it is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person; and
(b)	it is a reasonable excuse for a person to fail to produce a document if producing the document might tend to incriminate the person.

On the application of a party to the proceedings, the the public.

If the Board is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason relating to the proceedings the Board may, by order

(a)	give directions prohibiting or restricting the publication of evidence given before the Board (whether in public or private) or of matters contained in documents filed with, or received in evidence by, the Board; or
(b)	give directions prohibiting or restricting the disclosure to some or all of the parties to the proceedings, of evidence given before the
Board or of matters contained in documents filed with, or received in evidence by, the Board.

(9) In considering whether to make an order under
subregulation (8) the Board is to take as the basis of its
consideration the principle that the evidence and the
matters contained in the documents should be made
available to all parties, but must pay due regard to any
reasons given to the Board as to why publication or
disclosure of the evidence or matter should be

prohibited or restricted.

(10) A witness summoned to appear at a hearing of the

Board is entitled to be paid such allowances and expenses as the Board determines.

802 GOVERNMENT GAZETTE, WA 21 April 2023

6.            Schedule 1 inserted

After regulation 39 insert:

Schedule 1 - Reviewable decisions and procedural

decisions

[r. 13A]

1.             Reviewable decisions

For the purposes of regulation 13A(2), the following provisions are listed.

Table

r. 57(4)	r. 64(7)	r. 93(1)(f)
r. 146(1)	r. 152(3)	r. 153(1)
r. 160(4)	r. 197(7)(d)	r. 202
r. 231	r. 256(1)(a)	r. 274c(4)
r. 274k(4)	r. 316(1)(d)	el. a.3.11
cl. a2.5.6(c)	el. a2.5.9	el. a2.5.9a
cl. a2.5.9d	el. a2.6.3a(a)	el. a2.7.7a(a)
cl. a2.10.2a(a)	el. a2.10.13(aa)
Note for this clause:

"r." indicates a rule in the Pilbara networks rules and "cl." indicates a clause in the Pilbara networks rules.

2.              Procedural decisions

For the purposes of the definition of procedural decision in regulation 1 3A( 1), the following provisions of the Pilbara network rules are listed.

Table

r. 256(1)(a)	el. a2.5.6(c)
cl. a2.5.9	el. a2.5.9a

cl. a2.5.9d	el. a2.6.3a(a)
cl. a2.7.7a(a)	el. a2.10.2a(a)
cl. a2.10.13(aa)
Note for this clause:

"r." indicates a rule in the Pilbara networks rules and "cl." indicates a clause in the Pilbara networks rules.

Part 3 - Electricity Industry (Wholesale Electricity

Market) Regulations 2004 amended

7.           Regulations amended

This Part amends the Electricity Industry (Wholesale Electricity
Market) Regulations 2004.

21 April 2023 GOVERNMENT GAZETTE, WA 803

8. Regulation 4A replaced
Delete regulation 4A and insert:

4A.	References to provisions of market rules in Schedules 1 and 2
A reference in Schedule 1 or 2 to a provision of the market rules is a reference to that provision as in force at 8 am on 1 October 2023.

9. Regulation 7 amended
In regulation 7(5) delete "31 March 2023." and insert:

31 October 2025.

10.          Regulation 30 amended

(1)	In regulation 30(2) in the note delete "Categories B" and insert:
Categories A, B
(2)	Delete regulation 30(3).

11.          Regulation 31 amended

(1)	In regulation 3 1(1) delete "category A".
(2)	In regulation 31(2) delete the passage that begins with "An" and ends with "contravention," and insert:
An amount specified as a daily amount in Schedule 1 in respect
of a contravention of a civil penalty provision applies
(3)	In regulation 31(5)(d) delete "category A".
Note: The heading to amended regulation 31 is to read:

Authority may demand civil penalty for contravention of civil penalty provision

12.          Regulation 33 amended

In regulation 33(2) delete the passage that begins with "An" and ends with "contravention," and insert:

An amount specified as a daily amount in Schedule 1 in respect of a contravention of a civil penalty provision applies

804 GOVERNMENT GAZETTE, WA 21 April 2023

13.          Regulation 37 amended

In regulation 37:

(a) after paragraph (a) insert:

(aa) if the market rules provide for the distribution

of civil penalties received by the operator in
respect of the contravention amongst persons
negatively impacted by the contravention

(regardless of whether the persons are

participants or not) distributed in accordance

with the market rules; or

(b) in paragraph (b) delete "such a distribution -" and insert:

a distribution as referred to in paragraph (a) or (aa)

14.          Regulation 42 amended

Delete regulation 42(2) and (3) and insert:

(2) The Board may make an order affirming, setting aside or varying (immediately or as from a specified future date) the decision and, for the purposes of the review, may exercise the same powers with respect to the

subject matter of the decision as may be exercised with
respect to that subject matter by the person who made
the decision.

(2A) The Board may refuse to review a reviewable decision

if it considers that the application for review is trivial
or vexatious.

(213) A determination by the Board on the review of a

reviewable decision has the same effect as if it were

made by the person who made the decision.

(3) The Board must give an applicant under
subregulation (1) written reasons for a decision to
refuse to review a reviewable decision on the basis
that

(a)	the applicant's interests are not adversely affected by the reviewable decision; or
(b)	the application is trivial or vexatious.

(4) This regulation is subject to regulation 43.

21 April 2023 GOVERNMENT GAZETTE, WA 805

15.          Regulation 45A inserted

After regulation 45 insert:

45A.	Procedure on review: general
(1)	This regulation applies to proceedings before the Board for a review of a reviewable decision.
(2)	The Board must make its determination on the review within 120 days after receiving the application for review.
(3)	The Board may extend, or further extend, the period referred to in subregulation (2) by a period of 30 days if it considers that the matter cannot be dealt with properly without the extension, either because of its complexity or because of other special circumstances.
(4)	If the Board extends the period referred to in subregulation (2), it must, before the end of the period, notify the applicant of the extension and the reasons for it.

16.          Regulation 49 amended

In regulation 49(1) in the definition of Board function paragraph (b) delete "42 or 43." and insert:

42,43 or 45A.

17.         Regulation 50 amended

After regulation 50(4) insert:

(5)	The Board may require the operator or the Authority to give information and other assistance, and to make reports, as specified by the Board for the purposes of the proceedings.
(6)	On the application of a party to the proceedings, the Board may conduct the proceedings in the absence of the public.

806 GOVERNMENT GAZETTE, WA 21 April 2023

18.          Part 11 inserted

After regulation 55 insert:

Part 11 - Savings and transitional provisions

56.	Savings and transitional provisions for Energy Regulations Amendment Regulations 2023
(1)	In this regulation former regulations 4A, 30 and 31 means regulations 4A, 30 and 31 as in force immediately before 8 am on 1 October 2023; former Schedule 1 means Schedule 1 as in force immediately before 8 am on 1 October 2023; former Schedule 2 means Schedule 2 as in force immediately before 8 am on 1 October 2023; new Schedule 1 means Schedule 1 as inserted by the Energy Regulations Amendment Regulations 2023 regulation 19; new Schedule 2 means Schedule 2 as amended by the Energy Regulations Amendment Regulations 2023 regulations 20 and 21.
(2)	New Schedule 1 does not apply in relation to contraventions, and continuations of contraventions, of the market rules that occur before 8 am on 1 October 2023.
(3)	Former Schedule 1 continues to apply in relation to contraventions, and continuations of contraventions, of the market rules that occur before 8 am on 1 October 2023.
(4)
contravenes a provision of the market rules (the new
If, at or after 8 am on 1 October 2023, a person
provision), in determining whether the contravention of the new provision is a subsequent contravention for the purposes of new Schedule 1, any contravention of a
provision of the market rules (the former provision) by the person before 8 am on 1 October 2023 is to be counted if—

(a)	the new provision is the same as the former provision; or
(b)	the substance of the new provision is the same, or substantially the same, as the substance of the former provision.

(5) New Schedule 2 does not apply in relation to decisions
made under the market rules before 8 am on
1 October 2023.

21 April 2023 GOVERNMENT GAZETTE, WA 807

(6)	Former Schedule 2 continues to apply in relation to decisions made under the market rules before 8 am on 1 October 2023.
(7)	Former regulations 4A, 30 and 31 continue to apply for the purposes of the continuing application of former Schedule 1 under subregulation (3) and former Schedule 2 under subregulation (6).

19.          Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 Civil penalty provisions and amounts

[r. 4A, 30,31 and 33]

Provision	Category	Maximum civil penalty amounts
ci. 1.49.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 1.49.2	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 1.49.4	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 1.49.5	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 2.13.5	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 2.13.23	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.13.30	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.13.31	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

808 GOVERNMENT GAZETTE, WA 21 April 2023

Provision	Category	Maximum civil penalty amounts
ci. 2.13.32(a)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 2.13.4 1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.16.6(b)	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.16A.2	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 2.16C.3	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 2.16C.5	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 2.26C.2T	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 2.27.6	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

ci. 2.27.12	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 2.27.14	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 2.27A. 1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.29.3	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
21 April 2023	GOVERNMENT GAZETTE, WA	809

Provision	Category	Maximum civil penalty amounts
ci. 2.29.4A	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.29.6	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.3 1.9	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.32.4(a)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 2.32.9	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.34.2	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.34.2A	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.34.3	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000

ci. 2.34.1213	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.34.13	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.34A.8	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 2.35.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

810 GOVERNMENT GAZETTE, WA 21 April 2023

Provision	Category	Maximum civil penalty amounts
cl. 2.35.2	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
cl. 2.35.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
cl. 2.36.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
cl. 2.36.4	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
cl. 2.37.8(a)	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 2.38.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 2.38.2	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 2.38.3	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000

cl. 2.41.2	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 2.42.4	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 2.44.4	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
cl. 3.4.6(a)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
21 April 2023	GOVERNMENT GAZETTE, WA	811

Provision	Category	Maximum civil penalty amounts
ci. 3.4.8	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.5.8	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.5. 10	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.6.5	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.6.6	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 3.6.9	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.7.13	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.7.14	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 3.7.23	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.7.24	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.8.2(c)	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 3.1 113.8(a)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

812 GOVERNMENT GAZETTE, WA 21 April 2023

Provision	Category	Maximum civil penalty amounts
ci. 3.15A.21	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.15A.38	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 3.15A.39	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.16.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
el. 3.16.5	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
el. 3.17.8	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.1813.6	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.1813.7	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 3.18D.7	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.18D.8	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.18E.14	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.18E.16	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
21 April 2023	GOVERNMENT GAZETTE, WA	813

Provision	Category	Maximum civil penalty amounts
ci. 3.20.2	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.20.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.20.4	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.21.2(a)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.21A.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 3.21A.12	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 3.21A.20	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3.21A.24	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 3.21A.25	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.1.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.4.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.5.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

814 GOVERNMENT GAZETTE, WA 21 April 2023

Provision	Category	Maximum civil penalty amounts
ci. 3A.5.7	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 3A.6.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 3A.8.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.8.5(a)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.9.6	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.10.1(a)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.10.2	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.1 1.9	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 3A. 11.10	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.1 1.15	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.1 1.18	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 3A.13.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
21 April 2023	GOVERNMENT GAZETTE, WA	815

Provision	Category	Maximum civil penalty amounts
ci. 3A.14.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 4.5.4	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 4.13.3	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 4.13.4	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 4.26.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 4.26.1J	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 4.27.5	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 4.4A.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 4.513.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 4.12.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 6.6.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 6.7.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

816 GOVERNMENT GAZETTE, WA 21 April 2023

Provision	Category	Maximum civil penalty amounts
ci. 6.7.4	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.4.2(c)	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.4.213	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 7.4.4	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 7.4.6	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.4.8	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 7.4.26	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.4.27	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 7.4.29	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.4.55	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 7.4A.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 7.4A.5	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
21 April 2023	GOVERNMENT GAZETTE, WA	817

Provision	Category	Maximum civil penalty amounts
ci. 7.4A.6	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 7.4A.7	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 7.4A.8	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 7.6.13	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.6.20	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
ci. 7.6.31	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 7.9.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.9.6	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

ci. 7.9.8	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.9.9	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.9.10	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.10.1	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

818 GOVERNMENT GAZETTE, WA 21 April 2023

Provision	Category	Maximum civil penalty amounts
ci. 7.10.1A	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.10.3	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.10.7	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.10.8	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 7.11.7	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000
ci. 8.1.3	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 8.3.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 8.3.3	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000

ci. 8.3.5	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 8.4.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 8.5.2	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
ci. 8.8.1	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000

21 April 2023 GOVERNMENT GAZETTE, WA 819

Provision	Category	Maximum civil penalty amounts
cl. 9.1.3(e)	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 9.3.2	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 9.18.5	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 9.18.6	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 9.19.3	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 9.20.213	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
cl. 10.1.2	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
cl. 10.2.4	C	first contravention: $100 000 plus a daily amount of $20 000 subsequent contraventions: $100 000 plus a daily amount of $20 000

20. Schedule 2 clause 1 amended
In Schedule 2 clause 1 delete the Table and insert:

Table

r. 31(1)	cl. 2.3.8	cl. 2.5.6(c)
cl. 2.5.9	cl. 2.6.3A(a)	cl. 2.7.7A(a)
cl. 2.10.2A(a)	cl. 2.10.13	cl. 2.13.16
cl. 2.13.17	cl. 2.13.27(d)	cl. 2.13.36(b)
cl. 2.13.36(c)	cl. 2.13.36(d)	cl. 2.13.49(b)
cl. 2.16C.1	cl. 2.16C.2	cl. 2.16C.7
cl. 2.16D.4	cl. 2.28.9B	cl. 2.28.16
cl. 2.29.5D	cl. 2.30.4	cl. 2.30.8
cl. 2.3013.7	cl. 2.3013.8C	cl. 2.31.10
cl. 2.32.7E(b)	cl. 2.34.7	cl. 2.34.11

820 GOVERNMENT GAZETTE, WA 21 April 2023

ci. 2.37.1	ci. 2.37.2	ci. 2.37.3
ci. 2.41.3	ci. 3A.3.3	ci. 3A.4.4
ci. 3A.6.6	ci. 3.18H.5	ci. 4.9.9
ci. 4.12.5	ci. 4.13.1OB	ci. 4.20.11
ci. 4.28.7	ci. 10.2.1

21. Schedule 2 clause 2 amended
In Schedule 2 clause 2 delete the Table and insert:

Table

ci. 2.5.6(c)	ci. 2.5.9
ci. 2.6.3A(a)	ci. 2.7.7A(a)
ci. 2.10.2A(a)	ci. 2.10.13
ci. 2.13.27(d)	ci. 2.16C.1
ci. 2.16C.2(b)	ci. 2.16D.1
ci. 2.16D.4.2	ci. 2.28.913
ci. 3.18H.5	ci. 3A.4.4
ci. 4.12.5	ci. 4.13.1OB

Note: The heading to regulation 47 is to read:

Procedure on review: parties

Part 4 - Gas Services Information Regulations 2012

amended

22.           Regulations amended

This Part amends the Gas Services Information
Regulations 2012.

23.           Regulation 6 amended

(1) After regulation 6(3) insert:

(3A) GSI rules made by the Minister cannot commence

before the GSI rules are notified under

subregulation (5).

(2)	Delete regulation 6(5) and insert:
(5) GSI rules made by the Minister must be notified in the

Gazette.

(6) The notification must include notice of—

(a)	the making of the GSI rules; and
(b)	where the GSI rules are available under subregulation (8) or regulation 9.

21 April 2023 GOVERNMENT GAZETTE, WA 821

GSI rules made by the Minister must be laid before
each House of Parliament within 10 sitting days of that
House next following their notification in the Gazette.

The Coordinator must make a copy of amending rules made by the Minister available on a website maintained by, or on behalf of, the Coordinator.

24.          Regulation 15 amended

(1) At the end of regulation 15(2) insert:

Note for this subregulation:

Categories A, B and C are specified in Schedule 1 for the purposes of the GSl rules.

(2) Delete regulation 15(3) to (5).

25.          Regulation 16 amended

(1) In regulation 16(1):

(a)	delete "category A";
(b)	delete the passage that begins with "operator a civil penalty" and continues to the end of the subregulation and insert:

operator a civil penalty.

(2) After regulation 16(1) insert:

(IA) If the ERA considers that a gas market participant has contravened a civil penalty provision, the ERA may, by

participant pay to the operator a civil penalty of a daily notice given to the participant, demand that the
amount that does not exceed the maximum daily
amount prescribed for the contravention in Schedule 1 if the ERA considers it is appropriate considering the following
(a)	the circumstances of the contravention;
(b)	the annual turnover of the participant;
(c)	the benefit gained from the contravention by the participant.

(1 B) The daily amount referred to in subregulation (1 A)

applies for each day or part of a day that the
contravention continues after

822 GOVERNMENT GAZETTE, WA 21 April 2023

(a)	if a day or time by which the contravention was to be rectified is specified in a warning notice given to the gas market participant the day by which the contravention was to be rectified; or
(b)	in any other case the day on which the gas market participant is given a warning notice.

(1C) For the purposes of subregulation (113), if the

contravention consists of a failure to do something
required to be done, the contravention is to be regarded
as continuing until the act is done, despite the fact that
any period within which, or time before which, the act

is required to be done has expired or passed.

(ID) A civil penalty comprising an amount under

subregulation (1), a daily amount under
subregulation (1A) or a combination of amounts under
subregulation (1) and (1A) must not exceed the lesser

of

(a)	the maximum civil penalty amount prescribed for the contravention in Schedule 1; and
(b)	$20 000.

(3)	In regulation 16(2) delete "the civil penalty" and insert:
a civil penalty under subregulation (1) or (1A)
(4)	In regulation 16(3) delete "The demand" and insert:
A demand under subregulation (1) or (1A)

(5) In regulation 16(4):

(a) delete "The notice" and insert:

A notice under subregulation (1) or (1A)

(b) in paragraph (d) delete "category A".

Note: The heading to amended regulation 16 is to read:

Contravention of civil penalty provision: ERA may demand civil penalty

21 April 2023 GOVERNMENT GAZETTE, WA 823

26.          Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 - Civil penalty provisions and amounts

[r. 15 and 16]

Rule	Category	Maximum civil penalty amount
r. 18(5)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 18(6)	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
r. 22	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
r. 23	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
r. 27(4)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 32(6)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 34(3)	A	first contravention: $10 000 plus a daily

subsequent contraventions: $20 000 plus a

amount of $5 000

daily amount of $5 000

r. 36(3)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 39(4)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 49(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

824 GOVERNMENT GAZETTE, WA 21 April 2023

Rule	Category	Maximum civil penalty amount
r. 49(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 53(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 53(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 54(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 54(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 54(3)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 55(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 55(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

r. 56(1)	A	amount of $5 000
first contravention: $10 000 plus a daily
subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 56(4)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 57(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 57(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

21 April 2023 GOVERNMENT GAZETTE, WA 825

Rule	Category	Maximum civil penalty amount
r. 58(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 58(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 59(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 59(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 59(3)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 60	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 61(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 6 1(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 62(1)	A

first contravention: $10 000 plus a daily

amount of $5 000

subsequent contraventions: $20 000 plus a

daily amount of $5 000

r. 62(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 63(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 63(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

826 GOVERNMENT GAZETTE, WA 21 April 2023

Rule	Category	Maximum civil penalty amount
r. 64(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 64(4)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 65(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 65(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 66(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 66(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 67(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 67(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

r. 68(1)	A	amount of $5 000
first contravention: $10 000 plus a daily
subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 69(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 69(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 70(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

21 April 2023 GOVERNMENT GAZETTE, WA 827

Rule	Category	Maximum civil penalty amount
r. 70(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 71(l)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 7 1(4)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 72(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 72(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 73(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 73A	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 74(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 74(3)	A

first contravention: $10 000 plus a daily

amount of $5 000

subsequent contraventions: $20 000 plus a

daily amount of $5 000

r. 74(4)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 75(5)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 76(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000

828 GOVERNMENT GAZETTE, WA 21 April 2023

Rule	Category	Maximum civil penalty amount
r. 76(2)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 77(1)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 77(2)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 78(1)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 98(1)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 98(2)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 99(1)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 99(2)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000

r. 100(1)	A	amount of $5 000
first contravention: $10 000 plus a daily
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 100(2)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 101(1)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000
r. 101(2)	A	first contravention: $10 000 plus a daily
amount of $5 000
subsequent contraventions: $20 000 plus a
daily amount of $5 000

21 April 2023 GOVERNMENT GAZETTE, WA 829

Rule	Category	Maximum civil penalty amount
r. 106(2)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 115(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 115(3)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 115A(3)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 118(1)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 118(3)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 119(5)	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 166	A	first contravention: $10 000 plus a daily amount of $5 000 subsequent contraventions: $20 000 plus a daily amount of $5 000
r. 169(3)	B

first contravention: $50 000 plus a daily

amount of $10 000

subsequent contraventions: $75 000 plus a

daily amount of $10 000

r. 169(5)	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000
r. 173(2)	B	first contravention: $50 000 plus a daily amount of $10 000 subsequent contraventions: $75 000 plus a daily amount of $10 000

830 GOVERNMENT GAZETTE, WA 21 April 2023

27.          Schedule 2 clause 1 amended

In Schedule 2 clause 1 delete the Table and insert:

Table

r. 13(1)	r. 16(1)	r. 16(1A)
r. 28(2)	r. 34(2)	r. 36(2)
r. 39(3)	r. 43(2)	r. 46(3)
r. 48(2)	r. 67(4)	r. 68(3)
r. 73(3)	r. 78(3)	r. 131(1)(a)
r. 131(2)	r. 134(1)(a)	r. 137(1)(a)
r. 156(3)(a)	r. 160(2)

V. MOLAN, Clerk of the Executive Council.