Electricity Corporations Act 2005

Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2024

 

 

Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2024

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Regulation 3 amended1

5.Regulation 4 amended2

6.Part 2 Division 2 deleted3

7.Regulation 13 amended3

8.Regulation 15 amended3

9.Regulation 16 amended3

10.Regulation 17 amended4

11.Regulation 21 deleted4

12.Regulation 22 replaced4

22.EGRC not to discriminate between retail business unit and competitors when offering wholesale supply4

13.Regulations 29 to 31 replaced5

29.Audit by Authority: compliance with Pt. 3 Div. 1 and wholesale arrangements5

30.Audit by Auditor General: compliance with Pt. 2 Div. 1 and 3 and segregation arrangements6

14.Regulation 33 amended7

 

Electricity Corporations Act 2005

Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Electricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013.

4.Regulation 3 amended

In regulation 3 delete the definitions of:

AASB 8

applicable provision

foundation transfer price

foundation transfer price mechanism

generation restricted information

generation staff

member of staff

merger time

restricted information

5.Regulation 4 amended

(1)In regulation 4(1)(b) delete “the merger time.” and insert:

 

31 December 2013.

 

(2)In regulation 4(2):

(a)in paragraph (a) delete “the merger time” (1st occurrence) and insert:

 

31 December 2013

 

(b)in paragraph (a) delete “the merger time; or” and insert:

 

1 January 2014; or

 

(3)In regulation 4(3):

(a)delete “at the merger time,” and insert:

 

on 1 January 2014,

 

(b)delete “after the merger time,” and insert:

 

after 31 December 2013,

 

6.Part 2 Division 2 deleted

Delete Part 2 Division 2.

7.Regulation 13 amended

(1)Delete regulation 13(1) and insert:

 

(1)The EGRC must ensure that retail restricted information is not disclosed to retail staff.

 

(2)In regulation 13(2)(a) and (b) before “restricted” insert:

 

retail

 

Note: The heading to amended regulation 13 is to read:

Disclosure of retail restricted information

8.Regulation 15 amended

In regulation 15(1) before “restricted” insert:

 

retail

 

9.Regulation 16 amended

(1)In regulation 16(1):

(a)before “restricted” insert:

 

retail

 

(b)delete “generation staff or”.

(2)In regulation 16(2):

(a)delete “generation staff or”;

(b)delete “generation staff and”.

10.Regulation 17 amended

Delete regulation 17(1) and insert:

 

(1)This regulation does not apply to shared services staff.

 

11.Regulation 21 deleted

Delete regulation 21.

12.Regulation 22 replaced

Delete regulation 22 and insert:

 

22.EGRC not to discriminate between retail business unit and competitors when offering wholesale supply

The EGRC must ensure that the financial interests of the retail business unit are not taken into account in determining the terms and conditions on which a wholesale supply of electricity is offered to retail competitors or generation competitors.

 

13.Regulations 29 to 31 replaced

Delete regulations 29 to 31 and insert:

 

29.Audit by Authority: compliance with Pt. 3 Div. 1 and wholesale arrangements

(1)As soon as practicable after the end of each financial year, the Authority must conduct an audit of the EGRC’s operations in the financial year for the purposes of examining the EGRC’s compliance with Part 3 Division 1 and wholesale arrangements.

(2)Despite subregulation (1), the Authority may extend the period in relation to which an audit is conducted.

(3)The Authority must form an opinion about whether the EGRC has complied with Part 3 Division 1 and wholesale arrangements.

(4)The Authority must give the Minister a report on each audit conducted under this regulation, including the following information —

(a)the opinion formed by the Authority under subregulation (3);

(b)details of the EGRC’s failure, if any, to comply with Part 3 Division 1 and wholesale arrangements.

(5)The Authority must give a copy of the report to the board of the EGRC as soon as practicable after the report is given to the Minister.

(6)The Minister must cause a copy of the report to be laid before each House of Parliament within 21 sitting days of that House after the day on which the report is given to the Minister.

30.Audit by Auditor General: compliance with Pt. 2 Div. 1 and 3 and segregation arrangements

(1)As soon as practicable after 31 December each year, the Auditor General must conduct an audit of the EGRC’s operations in the year for the purposes of examining the EGRC’s compliance with the following —

(a)Part 2 Division 1 and segregation arrangements;

(b)Part 2 Division 3.

(2)For the purposes of the first audit conducted under subregulation (1)(a), the period beginning on 1 July 2023 and ending on 31 December 2024 is taken to be a year.

(3)The Auditor General must form an opinion about whether the EGRC has complied with the following —

(a)Part 2 Division 1 and segregation arrangements;

(b)Part 2 Division 3.

(4)The Auditor General must give the Minister a report on each audit conducted under this regulation, including the following information —

(a)the opinion formed by the Auditor General under subregulation (3);

(b)details of the EGRC’s failure, if any, to comply with Part 2 Division 1 or 3 or segregation arrangements.

(5)The Auditor General must —

(a)give a copy of the report to the board of the EGRC and to the Authority as soon as practicable after the report is given to the Minister; and

(b)cause a copy of the report to be laid before each House of Parliament within 21 sitting days of that House after the day on which the report is given to the Minister.

 

14.Regulation 33 amended

In regulation 33:

(a)after “Auditor General” insert:

 

or the Authority

 

(b)delete “regulation 31,” and insert:

 

Part 4,

 

N. HAGLEY, Clerk of the Executive Council

© State of Western Australia 2024.

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Attribute work as: © State of Western Australia 2024.

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