Fuel, Energy and Power Resources Amendment Act 2026
Fuel, Energy and Power Resources Amendment Act 2026
Western Australia
Fuel, Energy and Power Resources Amendment Act 2026
Contents
1.Short title2
2.Commencement2
3.Act amended2
4.Section 47 amended2
5.Section 49 amended2
6.Sections 49A and 49B inserted3
49A.Modified penalties3
49B.Investigations and prosecutions4
7.Section 50 amended5
8.Sections 54 and 55 replaced6
54.Protection from liability6
9.Section 56 replaced8
56.Compensation: main provisions8
56A.Compensation: making application11
56B.Compensation: further information12
56C.Compensation: notice of decision13
56D.Compensation: regulations14
56E.Compensation: standing appropriation14
10.Section 58 amended15
11.Section 60 deleted15
12.Section 63 inserted15
63.Transitional provisions for Fuel, Energy and Power Resources Amendment Act 202615
Fuel, Energy and Power Resources Amendment Act 2026
An Act to amend the Fuel, Energy and Power Resources Act 1972.
[Assented to 18 May 2026]
The Parliament of Western Australia enacts as follows:
This is the Fuel, Energy and Power Resources Amendment Act 2026.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on the day after that day.
This Act amends the Fuel, Energy and Power Resources Act 1972.
Delete section 47(2)(i).
(1)In section 49(3):
(a)in paragraph (a) delete “$10 000;” and insert:
$50 000;
(b)delete paragraph (b) and insert:
(b)in the case of a body corporate, a fine of $250 000.
(2)In section 49(5) delete “given to him” and insert:
made
6.Sections 49A and 49B inserted
After section 49 insert:
(1)This Act is taken to be —
(a)a prescribed Act for the purposes of the Criminal Procedure Act 2004 Part 2; and
(b)prescribed under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 12(1) as an enactment to which Part 3 of that Act applies.
(2)For the purpose of applying the Criminal Procedure Act 2004 Part 2 in relation to this Act, the Governor may make regulations prescribing, or providing for, any matter that that Part authorises or requires to be prescribed, or provided for, by regulations under a prescribed Act.
(3)Subsection (4) applies in relation to the service of an infringement notice under the Criminal Procedure Act 2004 Part 2 by an authorised officer in relation to an alleged offence under this Act.
(4)The infringement notice must be served within —
(a)21 days after the day on which the authorised officer forms the opinion that there is sufficient evidence to support the allegation of the offence; and
(b)6 months after the day on which the alleged offence is believed to have been committed.
(5)The Criminal Procedure Act 2004 Part 2 is modified to the extent necessary to give effect to subsection (4).
(6)Regulations under this section are not emergency regulations.
(7)Section 45 does not apply to the power to make regulations under this section.
49B.Investigations and prosecutions
(1)In this section —
approved officer means a public service officer approved under regulations under subsection (2).
(2)The Governor may make regulations providing for a prescribed person to approve public service officers for the purposes of this section.
(3)An approved officer is authorised —
(a)to investigate offences against this Act; and
(b)to commence prosecutions for offences against this Act.
(4)For the purposes of the Criminal Investigation Act 2006 section 9(1), the approval of a public service officer under regulations under subsection (2) is taken to be an appointment to an office under a written law for a public purpose.
(5)The office of approved officer is prescribed by this Act under the Criminal Investigation Act 2006 section 9(1)(a).
(6)The Governor may make regulations prescribing powers in the Criminal Investigation Act 2006 that an approved officer may exercise, being powers that that Act expressly provides may be exercised by a public officer.
(7)Powers prescribed by regulations under subsection (6) are prescribed by this Act under the Criminal Investigation Act 2006 section 9(1)(b) as powers that an approved officer may exercise.
(8)The Governor may make regulations doing any of the following —
(a)restricting the exercise by approved officers of powers under the Criminal Investigation Act 2006;
(b)making other provision in relation to the exercise by approved officers of powers under the Criminal Investigation Act 2006;
(c)making other provision that is necessary or convenient for giving effect to this section.
(9)Regulations under this section are not emergency regulations.
(10)Section 45 does not apply to the powers to make regulations under this section.
(1)Delete section 50(6) and insert:
(6)An order made under emergency regulations under this Part is subsidiary legislation.
(6A)The Interpretation Act 1984 section 42 applies to an order made under emergency regulations under this Part as if the order were regulations.
(2)In section 50(7) delete “given under this Part to any person or body, a person” and insert:
made under this Part, a person or body
Delete sections 54 and 55 and insert:
(1)In this section —
protected action means an act or omission done or made by a protected entity in good faith —
(a)in the performance, or purported performance, of a function under this Part or a relevant instrument; or
(b)in assisting another protected entity in the performance, or purported performance, of a function under this Part or a relevant instrument; or
(c)otherwise in the carrying out of the administration of this Act;
protected entity means any of the following —
(a)the State;
(b)the Governor;
(c)a Minister of the Crown;
(d)a public service officer;
(e)an authority, department, instrumentality, person or body to which a direction under section 42 applies;
(f)a member, officer or employee of an authority, department, instrumentality, person or body to which a direction under section 42 applies;
relevant instrument means —
(a)emergency regulations under this Part; or
(b)an order or direction made or given under emergency regulations under this Part; or
(c)regulations under section 49A, 49B or 56D.
(2)A protected entity has, and can have, no liability in tort for a protected action done or made by the protected entity or another protected entity.
(3)If, before the Fuel, Energy and Power Resources Amendment Act 2026 section 8 comes into operation, a protected entity has a liability in tort for a protected action done or made by the protected entity or another protected entity, the liability is extinguished if it arose on or after 5 May 2026.
(4)The protections from liability in subsections (2) and (3) apply to a person or body that is a former protected entity as if they were still a protected entity but only if —
(a)the protected action was done or made while they were a protected entity; or
(b)but for the protection, they would have the liability because of their role as a protected entity.
(5)Subsections (2) and (3) apply even if the protected action may have been capable of being done or made whether or not this Act had been enacted.
Delete section 56 and insert:
56.Compensation: main provisions
(1)In this section —
relevant instrument means —
(a)emergency regulations under this Part; or
(b)an order or direction made or given under emergency regulations under this Part.
(2)A person may apply to the Minister for compensation for loss or damage.
(3)If a person applies to the Minister, the Minister may pay the applicant an amount of compensation for loss or damage, as determined by the Minister, if the Minister is of the opinion —
(a)that the applicant —
(i)is or was required to comply with a relevant instrument; and
(ii)incurred the loss or damage as a direct result of the applicant complying with the relevant instrument as the applicant is or was required;
and
(b)that —
(i)the application is not a late application; or
(ii)the application is a late application but it is just and reasonable to consider the application despite it being a late application;
and
(c)that it is just and reasonable to pay the applicant the amount of compensation.
(4)For the purposes of subsection (3)(b), the application is a late application if the application is made later than —
(a)12 months after the day on which the applicant incurred the loss or damage; or
(b)12 months after the day on which the state of emergency to which the relevant instrument referred to in subsection (3)(a) related (as that state of emergency was renewed from time to time (if at all)) ceased to subsist.
(5)Despite subsection (3), the Minister must not pay compensation for loss or damage if the Minister is of the opinion that the loss or damage is either or both of the following —
(a)loss or damage that directly or indirectly results or arises from, or that is in any way directly or indirectly connected with —
(i)a permit or rationing system in relation to the sale or supply of fuel, energy or power or of any other type of goods or service; or
(ii)any other type of prohibition, limitation or restriction on the sale or supply of fuel, energy or power or of any other type of goods or service;
(b)loss or damage that is incurred in like manner by the community at large or by any substantial portion of the community.
(6)In determining whether to pay compensation for loss or damage to an applicant, and the amount of any compensation to be paid, the Minister may (without limitation) have regard to 1 or more of the following —
(a)the financial and other interests of the State;
(b)the impact on the applicant of the loss or damage;
(c)whether the applicant took steps to avoid or mitigate the loss or damage and, if so, the steps taken;
(d)any compensation for, or any other type of payment in respect of, the loss or damage that the applicant —
(i)has received, is entitled to receive or can reasonably be expected to receive from an insurer or other person; or
(ii)will not or might not receive from an insurer or other person because of an act or omission of the applicant.
(7)The Minister may determine an amount of compensation for loss or damage to be paid to an applicant that is either or both of the following —
(a)different to the amount of compensation claimed in the application;
(b)only partial compensation for the loss or damage.
Note for this subsection:
For the purposes of paragraph (a), see section 56A(1)(a).
(8)The Minister may pay interest, at a rate determined by the Minister, on an amount of compensation if the Minister is of the opinion that it is just and reasonable to do so.
56A.Compensation: making application
(1)An application under section 56 for compensation for loss or damage must be in writing and include the following —
(a)a statement of the amount of compensation claimed;
(b)details and evidence of the loss or damage, including of the day on which the applicant incurred the loss or damage;
(c)a detailed calculation of the amount of loss or damage and of the amount of compensation claimed;
(d)a detailed explanation of how the applicant’s compliance with a relevant instrument (as defined in section 56(1)) directly resulted in the loss or damage;
(e)details of any steps that the applicant took to avoid or mitigate the loss or damage;
(f)details of any compensation for, or any other type of payment in respect of, the loss or damage that the applicant —
(i)has received, is entitled to receive or can reasonably be expected to receive from an insurer or other person; or
(ii)will not or might not receive from an insurer or other person because of an act or omission of the applicant;
(g)details of any steps that the applicant has taken, or proposes to take, to claim from an insurer or other person any compensation for, or any other type of payment in respect of, the loss or damage;
(h)any information or document prescribed under regulations under section 56D.
(2)The application may include any other information or document that, in the applicant’s opinion, is relevant.
(3)The application must —
(a)be made in the manner prescribed (if any) under regulations under section 56D; and
(b)be verified in the manner prescribed (if any) under regulations under section 56D; and
(c)otherwise accord with any regulations under section 56D.
56B.Compensation: further information
(1)If a person makes an application under section 56 for compensation for loss or damage, the Minister may, by written notice given to the applicant (the information notice), require the applicant to give the Minister further information or documents, as specified or described in the information notice, for the purposes of the Minister’s consideration of the application.
(2)The information notice —
(a)must specify the period within which the information or documents must be given to the Minister, which must be —
(i)the period of 21 days after the day on which the information notice is given to the applicant; or
(ii)a longer period determined by the Minister;
and
(b)must include an explanation of the effects of subsections (3) and (4); and
(c)may require the information or documents to be given to the Minister in a manner specified in the information notice; and
(d)may require the information or documents to be verified in a manner specified in the information notice.
(3)The Minister may, by written notice given to the applicant, extend or further extend the specified period (even if that period, or that period as previously extended, has ended).
(4)If the applicant does not comply with the requirements of the information notice within the specified period or that period as extended —
(a)the application lapses; and
(b)the applicant cannot make another application under section 56 for compensation for the loss or damage or for any part of it.
(5)The Minister may, by written notice given to the applicant —
(a)revoke the information notice; or
(b)amend the information notice, but not in a way that makes it more difficult for the applicant to comply with the requirements of the information notice.
(6)There is no limit on the number of notices that the Minister can give under subsection (1) in respect of an application.
56C.Compensation: notice of decision
If a person makes an application under section 56 for compensation for loss or damage, the Minister must, as soon as practicable after deciding the application, give the applicant a written notice stating —
(a)the decision and the reasons for it; and
(b)if the Minister decides to pay compensation — details of the amount and how the amount was determined; and
(c)if the Minister decides to pay interest on the amount of compensation — details of the rate and amount of interest and how the rate and amount were determined.
(1)The Governor may make regulations in relation to applications under section 56 for compensation for loss or damage, including regulations prescribing —
(a)information and documents that must be included in an application; and
(b)the manner in which an application must be made or verified.
(2)Regulations under this section are not emergency regulations.
(3)Section 45 does not apply to the power to make regulations under this section.
56E.Compensation: standing appropriation
(1)A payment of compensation or interest under section 56 is charged to the Consolidated Account, which this subsection appropriates accordingly.
(2)Section 52 does not apply to compensation or interest under section 56.
In section 58 delete “Part” and insert:
Part, excluding sections 56 to 56E,
Delete section 60.
At the end of Part III insert:
63.Transitional provisions for Fuel, Energy and Power Resources Amendment Act 2026
(1)In this section —
amendment Act means the Fuel, Energy and Power Resources Amendment Act 2026;
amendment day means the day on which section 3 of the amendment Act comes into operation.
(2)Section 50(6) and (6A), as in force on and after amendment day, apply in relation to orders made on or after 1 April 2026.
(3)Section 54, as in force before amendment day, is taken never to have applied in relation to an act or decision that is done or made on or after 5 May 2026 by the Minister or any person or body authorised by the Minister.
(4)Section 54, as in force immediately before amendment day, continues to apply, on and after amendment day, in relation to an act or decision that is done or made before 5 May 2026 by the Minister, or any person or body authorised by the Minister, as if the amendment Act had not been enacted.
(5)Section 55, as in force before amendment day, is taken never to have applied in relation to a right that arises on or after 5 May 2026.
(6)Section 55, as in force immediately before amendment day, continues to apply, on and after amendment day, in relation to a right that arose before 5 May 2026 as if the amendment Act had not been enacted.
(7)Sections 56 to 56E, as in force on and after amendment day, apply in relation to loss or damage incurred on or after 5 May 2026.
(8)Section 56, as in force before amendment day, is taken never to have applied in relation to loss, damage or injury suffered on or after 5 May 2026 and any claim made before amendment day under section 56 in relation to such loss, damage or injury is taken never to have had any effect.
(9)Section 56, as in force immediately before amendment day, continues to apply, on and after amendment day, in relation to loss, damage or injury suffered before 5 May 2026 as if the amendment Act had not been enacted.
(10)Regulations under section 56D may, for the purposes of subsection (9), make provision for or with respect to the matters referred to in section 47(2)(i) as in force immediately before amendment day.
© State of Western Australia 2026. 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. Attribute work as: © State of Western Australia 2026. By Authority: ANDREW JONES, Government Printer