Fuel, Energy and Power Resources (Modified Penalties and Investigations and Prosecutions) Regulations 2026 00-a0-00 Xml

Western Australia

Fuel, Energy and Power Resources (Modified Penalties and Investigations and Prosecutions) Regulations 2026

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Powers1

Part 2 — Modified penalties

4.Prescribed offences and modified penalties2

5.Authorised officers and approved officers3

6.Forms4

Part 3 — Investigations and prosecutions

7.Approved officers5

8.Powers exercisable by approved officer6

Schedule 1 — Form of infringement notice

Schedule 2 — Form of withdrawal notice

Notes

Compilation table10

Defined terms

Fuel, Energy and Power Resources Act 1972

Fuel, Energy and Power Resources (Modified Penalties and Investigations and Prosecutions) Regulations 2026

Part 1 — Preliminary

1.Citation

These regulations are the Fuel, Energy and Power Resources (Modified Penalties and Investigations and Prosecutions) Regulations 2026.

2.Commencement

These regulations come into operation on the day after the day on which these regulations are published on the WA legislation website.

3.Powers

These regulations are made under sections 49A and 49B of the Act.

Part 2 — Modified penalties

4.Prescribed offences and modified penalties

(1)An offence under section 49(1) of the Act is an offence for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)For the purposes of the Criminal Procedure Act 2004 section 5(3), the modified penalty for an offence under section 49(1) of the Act is $4 000 and is applicable if the offence is a contravention of, or a failure to comply with, a provision of the Fuel, Energy and Power Resources (State of Emergency) Regulations (No. 2) 2026.

(3)An offence under section 50(7) of the Act is an offence for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(4)For the purposes of the Criminal Procedure Act 2004 section 5(3), the modified penalty for an offence under section 50(7) of the Act is as follows and is applicable if the offence is a contravention of, or a failure to comply with, an order made under the Fuel, Energy and Power Resources (State of Emergency) Regulations 2026 regulation 4(1), excluding the Fuel, Energy and Power Resources (Supply Information) Order 2026 —

(a)if the alleged offender is an individual — the modified penalty is $1 000;

(b)if the alleged offender is a body corporate — the modified penalty is $5 000.

(5)An offence under section 50(8) of the Act is an offence for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(6)For the purposes of the Criminal Procedure Act 2004 section 5(3), the modified penalty for an offence under section 50(8) of the Act is as follows and is applicable if the offence is a failure to comply with a direction given under the Fuel, Energy and Power Resources (State of Emergency) Regulations 2026 regulation 4(1) —

(a)if the alleged offender is an individual — the modified penalty is $1 000;

(b)if the alleged offender is a body corporate — the modified penalty is $5 000.

5.Authorised officers and approved officers

(1)In this regulation —

appointment authority means —

(a)if a state of emergency that has been declared or renewed in an order under section 43 of the Act subsists — the chief executive officer of a department of the Public Service if a direction under section 42 of the Act applies to the department; or

(b)if paragraph (a) does not apply — the chief executive officer of the department of the Public Service principally assisting in the administration of the Act.

(2)An appointment authority may, in writing, appoint a public service officer to be an authorised officer for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices that may be issued under that Part for an offence prescribed under regulation 4.

(3)An appointment authority must issue, to each authorised officer appointed by the appointment authority under subregulation (2), a certificate that identifies the authorised officer as a person who is authorised to issue infringement notices.

(4)An authorised officer appointed under subregulation (2) can show that the authorised officer is authorised to issue infringement notices by showing the authorised officer’s certificate issued under subregulation (3).

(5)An appointment authority may, in writing, appoint a public service officer, who is not an authorised officer appointed under subregulation (2), to be an approved officer for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices that may be issued under that Part for an offence prescribed under regulation 4.

(6)Unless the instrument of appointment provides otherwise, the appointment of an authorised officer under subregulation (2), or an approved officer under subregulation (5), is not affected by either of the following that occurs after the appointment is made —

(a)the ceasing to subsist of a state of emergency that has been declared or renewed in an order under section 43 of the Act; or

(b)the declaration or renewal of a state of emergency in an order under section 43 of the Act.

6.Forms

(1)The form in Schedule 1 is the form of infringement notice that may be issued under the Criminal Procedure Act 2004 Part 2 for an offence prescribed under regulation 4.

(2)The form in Schedule 2 is the form of notice for the purposes of the Criminal Procedure Act 2004 section 15(2) in relation to the withdrawal of an infringement notice issued under Part 2 of that Act for an offence prescribed under regulation 4.

Part 3 — Investigations and prosecutions

7.Approved officers

(1)In this regulation —

approval authority means —

(b)if paragraph (a) does not apply — the chief executive officer of the department of the Public Service principally assisting in the administration of the Act.

(2)An approval authority may, in writing, approve a public service officer to be an approved officer for the purposes of section 49B of the Act.

(3)An approval authority must issue, to each approved officer approved by the approval authority under subregulation (2), a certificate that identifies the approved officer as a public officer for the purposes of the Criminal Investigation Act 2006.

(4)Unless the instrument of approval provides otherwise, the approval of an approved officer under subregulation (2) is not affected by either of the following that occurs after the approval is made —

(a)the ceasing to subsist of a state of emergency that has been declared or renewed in an order under section 43 of the Act; or

(b)the declaration or renewal of a state of emergency in an order under section 43 of the Act.

8.Powers exercisable by approved officer

For the purposes of section 49B(6) of the Act, an approved officer may exercise any of the following powers in the Criminal Investigation Act 2006 that that Act expressly provides may be exercised by a public officer —

(a)a power in Part 2;

(b)a power in Part 5, except sections 36, 43(8)(b)(ii) and 44(2)(g)(iv);

(c)a power in Part 6;

(d)a power in Part 13.

Schedule 1 — Form of infringement notice

[r. 6(1)]

Fuel, Energy and Power Resources Act 1972 INFRINGEMENT NOTICE			Infringement notice no.
Alleged offender	Name
	Address
Alleged offence	Date or period
	Place
	Provision of written law contravened
	Details of offence
Date	Date of notice
Issuing officer	Name
	Office
	Signature
Modified penalty	$
TAKE NOTICE	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 to the Approved Officer within 28 days after the date of this notice.
	If you do not pay the modified penalty within 28 days, you may be prosecuted 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 Approved Officer at the postal address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / / and post this notice to the Approved Officer at the postal address below within 28 days after the date of this notice.
How to pay	By post	[Insert details for paying by post]
	In person	[Insert details for paying in person]
	Online	[Insert details for paying online]

Schedule 2 — Form of withdrawal notice

[r. 6(2)]

Fuel, Energy and Power Resources Act 1972 WITHDRAWAL OF INFRINGEMENT NOTICE		Withdrawal no.
Alleged offender	Name
	Address
Details of infringement notice	Infringement notice no.
	Date of issue
Alleged offence	Date or period
	Place
	Provision of written law contravened
	Details of offence
Approved Officer withdrawing notice	Name
	Office
	Signature
Date	Date of withdrawal
Withdrawal of infringement notice	The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence in accordance with the infringement notice, the amount will be refunded to you.

Notes

This is a compilation of the Fuel, Energy and Power Resources (Modified Penalties and Investigations and Prosecutions) Regulations 2026. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Fuel, Energy and Power Resources (Modified Penalties and Investigations and Prosecutions) Regulations 2026	SL 2026/144 8 Jul 2026	9 Jul 2026 (see r. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

appointment authority5(1)

approval authority7(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: ANDREW JONES, Government Printer