Energy Coordination (Inspectors and Infringement Notices) Regulations 1995

Western Australia

Energy Coordination Act 1994

Part 1 — Preliminary

[Heading inserted in Gazette 20 Mar 2007 p. 1044.]

1. Citation

These regulations may be cited as the Energy Coordination (Inspectors and Infringement Notices) Regulations 1995 1.

[Regulation 1 amended in Gazette 20 Mar 2007 p. 1044.]

2. Commencement

These regulations come into operation on the day on which the Energy Coordination Act 1994 comes into operation 1.

3. Definitions

In these regulations, unless the contrary intention appears —

“the Act” means the Energy Coordination Act 1994;

“issuing authority”, in relation to an inspector designated under section 12 of the Act by the Director, means the Director.

[Regulation 3 amended in Gazette 5 Nov 2004 p. 4982.]

4.Forms

The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.

[Regulation 4 inserted in Gazette 20 Mar 2007 p. 1044.]

Part 2 — Designation of inspectors

[Heading inserted in Gazette 20 Mar 2007 p. 1044.]

5. Classification of inspectors

Inspectors designated pursuant to section 12 of the Act shall be classified as follows —

(a)Inspector (Gas); or

(b)Inspector (Electricity).

6. Qualification of inspectors

A person shall not be designated as an inspector unless the issuing authority is satisfied that the person has such qualifications and experience as will enable that person to carry out in a proper and efficient manner the duties of an inspector of the classification specified in the instrument of designation of that person.

[Regulation 6 amended in Gazette 5 Nov 2004 p. 4982.]

7. Power of inspectors

The powers conferred on an inspector having the classification specified in Column 1 of the Table to this regulation may only be exercised —

(a)for the purpose of an Act specified in Column 2 of that Table opposite, and corresponding to, that classification; and

(b)subject to any limitation, and any restriction, specified in the certificate of designation held by that person.

Table

Column 1 Classification of Inspector	Column 2 Acts
Inspector (Gas)	Gas Standards Act 1972, Energy Coordination Act 1994
Inspector (Electricity)	Electricity Act 1945, Energy Coordination Act 1994

8. Variation or cancellation of certificate

(1)Any certificate of designation furnished to an inspector pursuant to section 13 of the Act may be varied or cancelled by the issuing authority.

(2)Where a certificate of designation is varied or cancelled under subregulation (1), the person in respect of whom the certificate was issued shall return the certificate to the issuing authority.

(3)A person who fails to comply with subregulation (2) commits an offence.

Penalty: $200.

Part 3 — Infringement notices

[Heading inserted in Gazette 20 Mar 2007 p. 1044.]

9.Prescribed offences and modified penalties

(1)The offences specified in Schedule 2 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 2 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

[Regulation 9 inserted in Gazette 20 Mar 2007 p. 1044.]

10.Authorised officers and approved officers

(1)The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes the Criminal Procedure Act 2004 Part 2.

(2)The Director is to issue to each authorised officer a certificate of his or her appointment.

[Regulation 10 inserted in Gazette 20 Mar 2007 p. 1045.]

Schedule 1 — Forms

[r. 4]

[Heading inserted in Gazette 20 Mar 2007 p. 1045.]

Form 1 — Certificate of designation

Energy Coordination Act 1994

Energy Coordination (Inspectors and
Infringement Notices) Regulations 1995

CERTIFICATE OF DESIGNATION

This is to certify that .............................................................................................. is designated an *Inspector (Gas)/*Inspector (Electricity) for the purposes of the following Acts:

.................................................................................................................................

Powers of inspection that may be exercised: ...............................................

....................................................................................................................

Limitations/Restrictions applicable: ............................................................

....................................................................................................................

This designation has effect until .................................................................. (date)

DIRECTOR OF ENERGY SAFETY

*Delete as inapplicable.

Dated ................................... 20....... Certificate No. ......................................

[Form 1 amended in Gazette 5 Nov 2004 p. 4982-3; 20 Mar 2007 p. 1045.]

Form 2 — Infringement notice

Energy Coordination Act 1994 Infringement notice		Infringement notice no.
Alleged offender	Name:Family name
	Given names
	orCompany name ____________________________________ ACN
	Address ________________________________________________ Postcode
Alleged offence	Description of offence _____________________________________
	Energy Coordination Act 1994 s.
	Date //20Time 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. 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 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 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 2 inserted in Gazette 20 Mar 2007 p. 1045-6.]

Form 3 — Withdrawal of infringement notice

Energy Coordination Act 1994 Withdrawal of infringement notice		Withdrawal no.
Alleged offender	Name:Family name
	Given names
	orCompany name _____________________________________ ACN
	Address _______________________________________________________ Postcode
Infringement notice	Infringement notice no.
	Date of issue //20
Alleged offence	Description of offence ____________________________________
	Energy Coordination Act 1994 s.
	Date //20Timea.m./p.m.
Officer withdrawing notice	Name
	Signature
	Office
Date	Date of withdrawal //20
Withdrawal of infringement notice [*delete whichever is not applicable]	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. 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 3 inserted in Gazette 20 Mar 2007 p. 1046.]

Schedule 2 — Prescribed offences and modified penalties

[r. 9]

[Heading inserted in Gazette 20 Mar 2007 p. 1047.]

Offences under Energy Coordination Act 1994		Modified penalty
Offences under Energy Coordination Act 1994		Individual	Body corporate
s. 20(1)(b)	Failing to give inspector access to land, premises or thing, or to give reasonable assistance, when required under s. 14(b) ......	$500	$2 000
s. 20(2)	Failing to provide information, records or documents when requested under s. 14(d) ….	$500	$2 000
s. 20(4)	Failing to comply with order given by inspector under s. 18 .....................................	$500	$2 000

[Schedule 2 inserted in Gazette 20 Mar 2007 p. 1047.]

Notes

1This is a compilation of the Energy Coordination (Inspectors and Infringement Notices) Regulations 1995 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Energy Coordination (Designation of Inspectors) Regulations 1995 2	23 Dec 1994 p. 7139‑42	1 Jan 1995 (see r. 2 and Gazette 23 Dec 1994 p. 7069)
Reprint 1: The Energy Coordination (Designation of Inspectors) Regulations 1995 as at 7 May 2004
Energy Coordination (Designation of Inspectors) Amendment Regulations 2004	5 Nov 2004 p. 4982-3	5 Nov 2004
Energy Coordination (Designation of Inspectors) Amendment Regulations 2007	20 Mar 2007 p. 1043-7	20 Mar 2007

2Now known as the Energy Coordination (Inspectors and Infringement Notices) Regulations 1995; citation changed (see note under r. 1).