Energy Safety Regulations 2006 (WA)

Western Australia

Energy Safety Act 2006

Energy Safety Regulations 2006

Western Australia

Energy Safety Regulations 2006 Contents1. Citation 12. Commencement 13. Penalty for non‑payment of levy (section 18(1)) 14. Provision of information to Director of Energy Safety 15. Prescribed offences and modified penalties 36. Authorised officers and approved officers 37. Forms 3Schedule 1 — Prescribed offences and modified penaltiesSchedule 2 — FormsNotesCompilation table 9 Energy Safety Act 2006

Energy Safety Act 2006

Energy Safety Regulations 2006

1.Citation

These regulations are the Energy Safety Regulations 2006.

2.Commencement

These regulations come into operation on the day on which the Energy Safety Act 2006 comes into operation.

3.Penalty for non‑payment of levy (section 18(1))

If an amount of a levy remains unpaid after the day on which it becomes due for payment, there is payable to the chief executive officer by way of penalty, in addition to the amount of the levy, an amount calculated at the rate of 20% per annum upon the amount of the levy from time to time remaining unpaid.

4.Provision of information to Director of Energy Safety

• (1)

  The Director of Energy Safety may publish in the Gazette and twice in a daily newspaper circulating generally in the State a notice specifying —

  • (a)

    any of the persons or classes of persons that are included within the definition of “energy industry participant” in the Act; and

  • (b)

    a date, being not earlier than 28 days after the publication of the notice in the Gazette, by which those persons must comply with subregulation (2).

• (2)

  An energy industry participant of a class or type specified in a notice published in accordance with subregulation (1) must give to the Director of Energy Safety in writing, within the time specified in the notice, the following information —

  • (a)

    the name, address and telephone number of the energy industry participant;

  • (b)

    a brief description of the energy industry participant’s business.

Penalty: a fine of $5 000.

• (3)

  The Director of Energy Safety may, by written notice given to any person —

  • (a)

    require the person to provide to the Director of Energy Safety such information as is described in the notice, for the purpose of determining whether the person is an energy industry participant; and

  • (b)

    specify a date, being not earlier than 28 days after the issue of the notice, by which the person is required to provide the information.

• (4)

  A person who does not comply with a requirement under subregulation (3) commits an offence.

Penalty: a fine of $5 000.

• (5)

  The Director of Energy Safety may, by written notice given to an energy industry participant —

  • (a)

    require the energy industry participant to provide to the Director of Energy Safety such information as is described in the notice, for the purpose of determining whether the energy industry participant is liable to pay a levy and, if so, the amount of the levy; and

  • (b)

    specify a date, being not earlier than 28 days after the issue of the notice, by which the energy industry participant is required to provide the information.

• (6)

  A person who does not comply with a requirement under subregulation (5) commits an offence.

Penalty: a fine of $10 000.

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 section 5(3).

[Regulation 5 inserted: Gazette 25 Aug 2009 p. 3309.]

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.

[Regulation 6 inserted: Gazette 25 Aug 2009 p. 3310.]

7.Forms

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

[Regulation 7 inserted: Gazette 25 Aug 2009 p. 3310.]

Schedule 1 — Prescribed offences and modified penalties

[r. 5]

[Heading inserted: Gazette 25 Aug 2009 p. 3310.]

Offences under Energy Safety Act 2006		Modified penalty
Individual	Body corporate
s. 28(6)	Failing to comply with a requirement under section 28	$800	$4 000
s. 30(4)	Failing to comply with a requirement under section 30(3)(e) ..................	$800	$4 000

Offences under Energy Safety Regulations 2006		Modified penalty
Individual	Body corporate
r. 4(2)	Failing to give information specified in regulation 4(2) to the Director of Energy Safety ...............................	$200	$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	$2 000

[Schedule 1 inserted: Gazette 25 Aug 2009 p. 3310.]

Schedule 2 — Forms

[r. 7]

[Heading inserted: Gazette 25 Aug 2009 p. 3311.]

Form 1 — Infringement notice

Energy Safety Act 2006

Infringement notice

Infringement notice no.

Alleged offender

Name:   Family name

Given names

or       Company name ___________________________

ACN

Address ________________________________________

Postcode

Alleged offence

Description of offence _____________________________

Energy Safety Act 2006 s.

Energy Safety Regulations 2006 r. 

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

Modified penalty   $

Officer issuing notice

Name

Signature

Office

Date

• /

  Date of notice                                   /20

Notice to alleged offender

It is alleged that you have committed the above offence.

If you do not want to be prosecuted in court for the offence, pay 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, some or all of the following action may be taken — you may be prosecuted for the alleged offence or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.

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 ❑ and post this notice to the Director of Energy Safety at the above address within 28 days after the date of this notice.

[Form 1 inserted: Gazette 25 Aug 2009 p. 3311; amended: Gazette 20 Aug 2013 p. 3832; SL 2020/163 r. 28.]

Form 2 — Withdrawal of infringement notice

Energy Safety Act 2006

Withdrawal of infringement notice

Withdrawal no.

Alleged offender

Name: Family name

Given names

or       Company name ___________________________

ACN

Address _______________________________________

Postcode

Infringement notice

Infringement notice no.

• /

  Date of issue                /20

Alleged offence

Description of offence ____________________________

Energy Safety Act 2006 s. 

Energy Safety Regulations 2006 r. 

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

Officer withdrawing notice

Name

Signature

Office

Date

• /

  Date of withdrawal         /20

Withdrawal of infringement notice

The above infringement notice issued against you has been withdrawn.

If you have already paid the modified penalty for the alleged offence you are entitled to a refund.

[*delete whichever is not applicable]

*    Your refund is enclosed.

or

*    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

[Form 2 inserted: Gazette 25 Aug 2009 p. 3311‑12.]

Notes

This is a compilation of the Energy Safety Regulations 2006 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Energy Safety Regulations 2006	27 Jun 2006 p. 2351‑5	28 Jun 2006 (see r. 2 and Gazette 27 Jun 2006 p. 2349)
Energy Safety Amendment Regulations 2009	25 Aug 2009 p. 3309‑12	r. 1 and 2: 25 Aug 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Aug 2009 (see r. 2(b))
Energy Safety Amendment Regulations 2013	20 Aug 2013 p. 3832	r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)
Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 14	SL 2020/163 25 Sep 2020	29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))