Energy Safety Amendment Regulations 2009 (WA)

25 August 2009	GOVERNMENT GAZETTE, WA	3309
-PART 1-

ENERGY

1N301*

Energy Safety Act 2006

Criminal Procedure Act 2004

Energy Safety Amendment Regulations 2009

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Energy Safety Amendment
Regulations 2009.

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 after that day.

3.            Regulations amended

These regulations amend the Energy Safety Regulations 2006.

section 5(3).

4.            Regulations 5 to 7 inserted

After regulation 4 insert:

5.            Prescribed offences and modified penalties

(1)	The offences specified in Schedule 1 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 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004

3310 GOVERNMENT GAZETTE, WA 25 August 2009

6.            Authorised officers and approved officers

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

7.            Forms

The forms set Out in Schedule 2 are prescribed in relation to the matters specified in those forms.

4             Schedules 1 and 2 inserted

After regulation 7 insert:

Schedule 1 - Prescribed offences and
modified penalties

[r. 5]

Offences under Energy Safety Act 2006 Modified penalty

Individual Body

corporate

s.28(6)	Failing to comply with a
requirement under section 28 $800 $4000
s.30(4)	Failing to comply with a requirement under
section 30(3)(e) ...................... $800 $4000
Offences under Energy Safety	Modified penalty

Regulations 2006 In cliv idii al Body

C 01.1)0 rate

r. 4(2)	Failing to give information specified in regulation 4(2) to the Director of Energy Safety ......................................2O()	$1 000
r. 4(4)	Failing to comply with a requirement under regulation 4(3) ........................$200	$1 000
r. 4(6)	Failing to comply with a
requirement under

regulation 4(5) ........................ $400 $2000

25 August 2009 GOVERNMENT GAZETTE, WA 3311

Schedule 2— Forms

[r. 7]

Form 1 -	1nfrinement notice
Energy Safety Act 2006	Infringement
Infringement notice	notice no.
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Alleged	Description of offence
offence
Energy Safety Act 2006 s.
Energy Safety Regulations 2006 r.
Date / /20 Time a.m./p.m.
Modified penalty S
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. How to pay

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 for the alleged offence 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

at the above address. for an extension of time by writing to the Director of Energy Safety

If you want this matter to be dealt with by prosecution in court

tick this box 0 and post this notice to the Director of Energy notice.

Form 2 -	Withdrawal of infringement notice
Energy Safety Act 2006	Withdrawal no.
Withdrawal of infringement notice
Alleged	Name: Family name
offender	Given names

or Company name

ACN

Address

Postcode

Infringement Infringement notice no.

3312 GOVERNMENT GAZETTE, WA 25 August 2009

Alleged	Description of offence
offence
Energy Safety Act 2006 s. Energy Safety Regulations 2006 r.
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]

By Command of the Governor,