Western Australia: Electricity Corporations Act 2005 (WA)

Western Australia Electricity Corporations Act 2005 Western Australia Electricity Corporations Act 2005 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Relationship to GTE Act 1 Part 2 — Electricity Corporations Division 1 — Establishment of corporations 4. Corporations established 1 5. Corporations not to be regarded as agents of State for purposes of State laws 1 6. Corporations and officers not part of Public Service 1 7. Head office of Regional Power Corporation 1 Division 3 — Staff Subdivision 2 — Power to engage and manage staff 18. Powers in relation to staff 1 19. Certain industrial matters excluded from employment agreements 1 Subdivision 3 — Minimum standards for staff management 21. Standards to be set out in instrument 1 22. Reports to Public Sector Commissioner 1 Subdivision 4 — Joint policy on staff transfers 23. Corporations to have joint policy approved by Minister 1 24. Amendment of policy statement 1 25. Consultation with staff 1 Subdivision 5 — Superannuation 26. Superannuation 1 Division 4 — Staff codes of conduct 31. Codes of conduct 1 32. Reports to Public Sector Commissioner 1 33. Reports to Minister 1 Part 3 — Functions and powers of corporations Division 1 — Functions, powers and related provisions Subdivision 1 — Preliminary 34. Terms used 1 Subdivision 2 — Electricity Generation and Retail Corporation 35. Principal functions 1 36. Other functions 1 37. Restriction on area in which corporation may operate 1 38. Wholesale acquisition or supply of electricity 1 39. Matters for regulations or wholesale arrangements 1 Subdivision 3 — Electricity Networks Corporation 41. Principal functions 1 42. Other functions 1 43. Restriction on area in which corporation may operate 1 Subdivision 5 — Regional Power Corporation 50. Principal functions 1 51. Other functions 1 52. Restriction on area in which corporation may operate 1 Subdivision 6 — Special function in respect of certain assets and liabilities 53. Administration under delegated power 1 Subdivision 7 — Use of distribution systems for the retail supply of electricity 54. Electricity Networks Corporation and Regional Power Corporation not to supply services for certain purposes 1 Subdivision 8 — Provisions applying to functions of all corporations 57. Where corporation may operate 1 59. Powers 1 60. Certain works exempt from planning laws 1 61. Limitation of corporation's duty to act on commercial principles 1 62. Segregation of functions 1 63A. Matters for regulations or segregation arrangements 1 63. Interruption or restriction of supply 1 71. Delegation 1 72. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 1 Division 3 — Arrangements authorised or approved by Governor 75. Governor may make certain regulations 1 Part 4 — Operation of corporations, imposition of requirements 80. Terms used 1 81. Object of this Part 1 82. Minister may prescribe contracts 1 83. Matters that may be provided for 1 84. Amendment or cancellation 1 85. Enforcement 1 86. Advice of Economic Regulation Authority to be obtained 1 87. Trade practices exemption 1 Part 5 — Ministerial directions 111. Directions that cannot be given under GTE Act s. 108 1 114. Directions relating to supply of gas 1 Part 7 — Miscellaneous 134. Laying documents before Parliament not sitting 1 137. Delegation by Treasurer 1 138. Regulations 1 Part 8 — Amendments to other written laws 140. Power to amend subsidiary legislation 1 Part 9 — Transitional provisions for succession from Western Power Corporation to new corporations Division 1 — Preliminary 141. Purpose of this Part 1 142. Terms used 1 143. Saving 1 Division 2 — Powers conferred on Minister 144. Power for certain agreements to be made before commencement day 1 145. Minister may give directions 1 146. Directions to be laid before Parliament 1 Division 3 — Passing of Western Power Corporation's assets and liabilities to new corporations or the State Subdivision 1 — Making of transfer orders 147. Minister to make order for allocation of assets and liabilities 1 148. Order may provide for transfer to subsidiary 1 149. Transfer order schedules 1 150. Treatment of certain internal arrangements of Western Power Corporation 1 151. Power to make subsequent order 1 152. References in Government agreements 1 153. Amendment of transfer orders 1 Subdivision 2 — Operation of transfer orders 154. Allocation to one new corporation 1 155. Order for transfer to subsidiary 1 156. Allocation to more than one new corporation 1 157. Replacement of Western Power Corporation in proceedings 1 158. Handing over of records 1 159. Changes to Government agreements 1 Subdivision 3 — Re‑allocation of assets, rights and liabilities 160. Order for re‑allocation 1 161. Re‑allocation to have effect from commencement day 1 162. Handing over of records 1 Subdivision 4 — Order that allocated assets or liabilities pass instead to the State 163. Minister may order s. 169 is to apply 1 164. Effect of order 1 165. Handing over of records 1 Subdivision 5 — Replacement of party in proceedings 166. Order for replacement 1 167. Effect of order 1 168. Handing over of records 1 Subdivision 6 — Assets, liabilities and proceedings not otherwise provided for 169. Unallocated assets and liabilities to be dealt with by Minister 1 170. Provisions incidental to s. 169 1 171. State to be party to proceedings if no provision made 1 172. Handing over of records 1 Subdivision 7 — Other matters relating to passing of assets and liabilities 173. Continuation of guarantees in respect of Western Power Corporation 1 174. Guarantees to which s. 173 does not apply 1 175. Certain joint tenancies preserved 1 176. Western Power Corporation to complete necessary transactions 1 177. Exemption from State taxation 1 178. Registration of documents 1 Division 4 — Staff 179. Transition of employment 1 180. Employees' rights preserved 1 Division 5 — Contracts with tariff customers 181. Minister to prescribe contracts 1 Division 6 — Other transitional provisions 182. Annual report 1 183. Continuation of certain directions given to Western Power Corporation 1 184. Completion of things commenced 1 185. Continuing effect of things done 1 186. Immunity to continue 1 187. Agreements and instruments generally 1 188. Western Power Corporation to perform necessary transitional functions 1 Division 7 — Making of further provision by regulation 189. Powers of rectification and similar matters 1 190. Further provision may be made by regulation 1 191. Regulations may operate from commencement day 1 Division 8 — Indemnities and guarantees 192. Treasurer may give indemnity and guarantee 1 Part 10 — Provisions for merger of corporations Division 1 — Preliminary 193. Purpose of Part 1 194. Terms used 1 195. Saving 1 Division 2 — Merger 196. Merger of corporations 1 197. Corporations to implement or facilitate merger 1 Division 3 — Directions by Minister 198. Minister may give directions 1 199. Directions to be laid before Parliament 1 Division 4 — Devolution of assets, rights, liabilities and proceedings and related provisions 200. Assets, rights and liabilities 1 201. Proceedings and remedies 1 202. Continuation of guarantees 1 203. Joint tenancies preserved 1 204. Exemption from State taxation 1 205. Registration of documents 1 Division 5 — Staff 206. Members of staff 1 207. Preservation of rights 1 Division 6 — Other provisions 208. Renaming of continuing corporation does not affect status 1 209. Compliance with policy instruments 1 210. Financial reporting: merging corporation 1 211. Financial reporting: continuing corporation 1 212. Continuation of certain directions 1 213. Amount in lieu of rates 1 214. Dividends 1 215. Completion of things commenced 1 216. Continuing effect of things done 1 217. Immunity to continue 1 218. Agreements, instruments and documents 1 219. Treasurer may give indemnity and guarantee 1 220. Government agreements not affected 1 221. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Electricity Corporations Act 2005 An Act to provide for the establishment and operation of electricity corporations and for related matters. [Long title inserted: No. 25 of 2013 s. 4.] Part 1 — Preliminary 1. Short title This is the Electricity Corporations Act 2005. 2. Commencement (1) Except as stated in subsection (2), this Act comes into operation on the day on which it receives the Royal Assent. (2) The provisions of — (a) Parts 2, 3, 4, 5, 6, 7 and 8; and (b) Part 9, other than sections 141, 142, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153(1) and 179; and (c) Schedules 1, 2, 3, 4 and 5, come into operation on a day fixed by proclamation. (3) Different days may be fixed under subsection (2) for different provisions. (4) A day is not to be fixed for the purposes of subsection (2) until the Minister is of the opinion that the transfer order or transfer orders required by section 147(1) has or have been made. 3. Terms used (1) In this Act, unless the contrary intention appears — corporation means a body established by section 4(1); Economic Regulation Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003; electricity includes electrical energy of any kind however produced, stored, transported or consumed; Electricity Generation and Retail Corporation means the body established by section 4(1)(a) as renamed under section 4(2A); Electricity Networks Corporation means the body established by section 4(1)(b); electricity system and market rules means the electricity system and market rules as defined in the Electricity Industry Act 2004 section 123(1); function includes powers, duties and authorities, except in — (a) Part 3 Division 1 Subdivisions 1 to 6; and (b) section 59; gas means any gas or mixture of gases, whether naturally occurring or manufactured, intended for use — (a) as a fuel; or (b) in any chemical process; GTE Act means the Government Trading Enterprises Act 2023; Regional Power Corporation means the body established by section 4(1)(d); South West interconnected system means the interconnected transmission and distribution systems, generating works and associated works — (a) located in the South West of the State and extending generally between Kalbarri, Albany and Kalgoorlie; and (b) into which electricity is supplied by one or more of the electricity generation plants at Kwinana, Muja, Collie and Pinjar, as expanded or altered from time to time. [Section 3 amended: No. 39 of 2010 s. 75(2); No. 25 of 2013 s. 5; No. 13 of 2023 s. 180; No. 1 of 2024 s. 43.] 3A. Relationship to GTE Act The GTE Act is to be read with this Act as if they formed a single Act. [Section 3A inserted: No. 13 of 2023 s. 181.] Part 2 — Electricity Corporations Division 1 — Establishment of corporations 4. Corporations established (1) Each of the following is established as a body corporate with perpetual succession — (a) the Electricity Generation Corporation; (b) the Electricity Networks Corporation; [(c) deleted] (d) the Regional Power Corporation. (2A) From the time at which the Electricity Corporations Amendment Act 2013 section 6 comes into operation, the corporate name of the body established by subsection (1)(a) is the Electricity Generation and Retail Corporation. (2) Proceedings may be taken by or against a corporation in its corporate name. (3) A corporation may use, and operate under, one or more trading names approved by the Minister being — (a) an abbreviation or adaptation of its corporate name; or (b) a name other than its corporate name. [Section 4 amended: No. 25 of 2013 s. 6.] 5. Corporations not to be regarded as agents of State for purposes of State laws For the purposes of any law of the State, a corporation is to be regarded as not being an agent of the State and does not have the status, immunities and privileges of the State. [Section 5 amended: No. 25 of 2013 s. 7.] 6. Corporations and officers not part of Public Service (1) A corporation is not, and is not to become, a public sector body under the Public Sector Management Act 1994. (2) Neither — (a) the chief executive officer; nor (b) any member of staff, of a corporation is to be included in the Senior Executive Service provided for by the Public Sector Management Act 1994. 7. Head office of Regional Power Corporation The head office of the Regional Power Corporation is to be located in a part of the State that is not served by the South West interconnected system. [Division 2 (s. 8-13) deleted: No. 13 of 2023 s. 182.] Division 3 — Staff [Subdivision 1 (s. 14-17) deleted: No. 13 of 2023 s. 183.] Subdivision 2 — Power to engage and manage staff [Heading inserted: No. 13 of 2023 s. 184.] 18. Powers in relation to staff (1) The power to engage and manage the staff of a corporation is vested in its board. (2) The power conferred by subsection (1) — (a) includes powers to determine remuneration and other terms and conditions of service and to remove, suspend and discipline staff; and (b) does not preclude the delegation of any matter under section 71. (3) The remuneration of a member of staff and other terms and conditions of employment are to be such that the overall entitlements do not, on balance, disadvantage the person in comparison to the entitlements he or she would have under — (a) an applicable award, order or agreement under the Industrial Relations Act 1979; or (b) the Minimum Conditions of Employment Act 1993. (4) Nothing in this Act, other than section 19(2), affects the operation of the Industrial Relations Act 1979 Part VID. 19. Certain industrial matters excluded from employment agreements (1) There are excluded from the operation of the Industrial Relations Act 1979 Part II Division 2B — (a) any matters dealt with by an instrument issued under section 21 except — (i) rates of remuneration; and (ii) leave; and (iii) hours of duty; and (iv) matters that are similar to matters prescribed for the purposes of the Public Sector Management Act 1994 section 99(1)(a)(iv) 1; and (b) matters concerning the management of the staff that are similar to matters prescribed for the purposes of the Public Sector Management Act 1994 section 99(1)(c) 1. (2) A matter referred to in subsection (1) cannot be varied or affected by an employer‑employee agreement made under the Industrial Relations Act 1979 Part VID. [20. Deleted: No. 13 of 2023 s. 185.] Subdivision 3 — Minimum standards for staff management 21. Standards to be set out in instrument (1) The board of a corporation must, after consultation with the Public Sector Commissioner, prepare and issue an instrument setting out minimum standards of merit, equity and probity applicable to the management of the staff of the corporation. (2) In subsection (1) — management includes recruitment, selection, appointment, transfer, secondment, performance management, redeployment, discipline and termination of employment. (3) In complying with subsection (1) a board is to have regard to the principles set out in the Public Sector Management Act 1994 section 8. (4) An instrument issued under subsection (1) may be expressed to apply to the chief executive officer of the corporation as if the chief executive officer were a member of staff. (4A) If an instrument issued under subsection (1) applies to the chief executive officer of the corporation, subsection (3) does not affect the operation of the GTE Act section 37(5). (5) The Public Sector Commissioner may at any time recommend to a board any amendment that he or she thinks should be made to an instrument issued under this section. (6) A board may — (a) amend an instrument issued under this section; or (b) revoke it and substitute a new instrument, but, except where subsection (5) applies, is to do so only after consultation with the Public Sector Commissioner. [Section 21 amended: No. 39 of 2010 s. 75(3); No. 13 of 2023 s. 186.] 22. Reports to Public Sector Commissioner (1) The Public Sector Commissioner may in writing require a board — (a) to report to him or her on the observance of the minimum standards in force under section 21; and (b) to make the reports at such times, but not more often than half‑yearly, as the Commissioner may specify. (2) A board must comply with a requirement made under subsection (1). (3) The Public Sector Commissioner may at any time report to the Minister on the content or observance of the minimum standards in force under section 21. [Section 22 amended: No. 39 of 2010 s. 75(3).] Subdivision 4 — Joint policy on staff transfers 23. Corporations to have joint policy approved by Minister (1) The corporations must have, and comply with, a joint policy on staff transfers that has been approved or determined by the Minister under this section. (2) The purpose of the joint policy referred to in subsection (1) is to ensure that members of staff of the corporations and of their subsidiaries have the opportunity to transfer between the corporations and their subsidiaries — (a) for temporary or permanent employment; or (b) on secondment or temporary deployment; or (c) for training, without loss of entitlements. (3) Within 2 months after the commencement of this section, the corporations must jointly prepare a draft policy statement for the purposes of subsection (1) and submit it to the Minister. (4) The Minister may — (a) approve a draft policy statement submitted under subsection (3); or (b) request that it be amended and approve it in an amended form. (5) If a policy statement has not been approved by the Minister within a period that he or she considers reasonable and notifies to the corporations, the Minister may determine the contents of the policy statement. 24. Amendment of policy statement (1) With the approval of the Minister, the corporations may jointly — (a) amend a policy statement for the time being in force under section 23; or (b) revoke it and replace it with another policy statement. (2) The Minister may, in writing, direct the corporations — (a) to amend a policy statement for the time being in force under section 23 in a specified way; or (b) to revoke it and replace it with another policy statement containing specified provisions, and the corporations are to comply with any such direction. 25. Consultation with staff A corporation must — (a) in preparing the draft policy statement under section 23(3); and (b) before agreeing to make any amendment or replacement under section 24(1), consult the members of its staff and the staff of its subsidiaries by making the draft statement, amendment or replacement, as the case may be, available for their comment. Subdivision 5 — Superannuation [Heading inserted: No. 13 of 2023 s. 187.] 26. Superannuation (1) In this section — members of staff includes — (a) a chief executive officer; and (b) dependants of members of staff; and (c) former members of staff and their dependants. (2) A corporation may grant, or make provision for the grant of, retirement benefits to members of staff of the corporation and, for that purpose may — (a) establish, manage and control; or (b) enter into an arrangement with any body for the establishment, management and control by such body either alone or jointly with the corporation of, any fund or scheme for the purpose of providing for such retirement benefits. (3) The corporation concerned may make contributions to any fund or scheme referred to in subsection (2). (4) Subsections (2) and (3) have effect subject to the State Superannuation Act 2000 section 30. (5) Nothing in this section affects the operation of the State Superannuation Act 2000 in relation to a corporation or any member of staff. Division 4 — Staff codes of conduct [Heading inserted: No. 13 of 2023 s. 188.] [27-30. Deleted: No. 13 of 2023 s. 189.] 31. Codes of conduct (1) In this section and in sections 32 and 33 — members of staff includes a chief executive officer. (2) The board of a corporation must, after consultation with the Public Sector Commissioner, prepare and issue a code or codes of conduct setting out minimum standards of conduct and integrity to be observed by members of staff of the corporation. (3) In complying with subsection (2) a board is to have regard to the principles set out in the Public Sector Management Act 1994 section 9. (4) A board may, after consultation with the Public Sector Commissioner, amend any code of conduct in force under subsection (2) or revoke it and substitute a new code of conduct. [Section 31 amended: No. 39 of 2010 s. 75(3).] 32. Reports to Public Sector Commissioner (1) The Public Sector Commissioner may in writing require the board of a corporation — (a) to report to him or her on the observance of any code of conduct in force under section 31 by members of staff of the corporation; and (b) to make the reports at such times, but not more often than half‑yearly, as the Commissioner may specify. (2) A board must comply with a requirement made under subsection (1). (3) The Public Sector Commissioner may at any time report to the Minister on any matter that the Commissioner thinks should be brought to the Minister's attention relating to the observance by members of staff of a corporation of a code of conduct in force under section 31. [Section 32 amended: No. 39 of 2010 s. 75(3).] 33. Reports to Minister (1) The board of a corporation, when it delivers to the Minister its annual report under the GTE Act section 81, must also deliver to the Minister a separate report on the observance of any code of conduct in force under section 31 by members of staff of the corporation. (2) A board must give to the Public Sector Commissioner a copy of each report under subsection (1). [Section 33 amended: No. 39 of 2010 s. 75(3); No. 13 of 2023 s. 190.] Part 3 — Functions and powers of corporations Division 1 — Functions, powers and related provisions Subdivision 1 — Preliminary 34. Terms used (1) In this Division — acquire, in relation to electricity or gas, includes acquire by way of exchange; ancillary services means services that are necessary or expedient for the security or reliability of an electricity system; energy efficient technologies means technologies, including but not limited to operating software, designed to improve the efficiency of electricity generation plant and equipment; renewable sources means sources of energy that are replaced rapidly by natural processes, including sunlight, wind, biomass, water in motion and geothermal activity; telecommunication services means services for carrying communications by one or more of the following means — (a) guided electromagnetic energy; (b) unguided electromagnetic energy; (c) optical signals; (d) other similar means. (2) References in this Division to the performance of a corporation's functions being limited to the South West interconnected system are — (a) in the case of a function relating to electricity, references to performing the function for the purposes of that system or customers served by that system; (b) in the case of the functions of — (i) supplying gas or steam; or (ii) providing telecommunication services, references to performing those functions within the area served by that system. Subdivision 2 — Electricity Generation and Retail Corporation [Heading amended: No. 25 of 2013 s. 10.] 35. Principal functions The functions of the Electricity Generation and Retail Corporation (in this Subdivision called the corporation) are, subject to this Subdivision — (a) to generate, purchase or otherwise acquire, and supply electricity from sources of energy including renewable sources; and (b) to acquire, transport and supply — (i) gas; and (ii) steam; and (c) to acquire, develop, operate and supply energy efficient technologies; and (da) to supply electricity to consumers and services which improve the efficiency of electricity supply and the management of demand; and (db) to purchase or otherwise acquire electricity for the purposes of paragraph (da); and (d) to provide ancillary services; and (e) by agreement with the Regional Power Corporation — (i) to provide consultative and advisory services to that corporation in relation to electricity generation; and (ii) to operate and maintain any electricity generation plant or equipment on behalf of that corporation; and (iii) to provide retail support services to that corporation; and (fa) to provide telecommunications services; and (f) to undertake, maintain and operate any works, system, facilities, apparatus or equipment required for any purpose mentioned in this section. [Section 35 amended: No. 25 of 2013 s. 11.] 36. Other functions It is also a function of the corporation — (a) in addition to its functions under section 35(e)(i) and (iii), to use its expertise and resources to provide consultative, advisory or other services for profit; or (b) to develop and turn to account any technology, software or other intellectual property that relates to a function under section 35; or (c) to manufacture and market any product that relates to a function under section 35 or paragraph (b); or (d) to use or exploit for profit the fixed assets it has for the purpose of performing a function under section 35 so long as the proper performance of the function is not affected; or (e) to do anything that the corporation determines to be conducive or incidental to the performance of a function under section 35 or this section; or (f) to do anything that it is authorised to do by any other written law. [Section 36 amended: No. 25 of 2013 s. 12.] 37. Restriction on area in which corporation may operate (1) Within the State the performance of the corporation's functions under section 35 is limited to the South West interconnected system. (2) Subsection (1) does not apply to the performance of the corporation's functions under section 35(a) so far as the performance involves only — (a) the generation and supply of electricity from renewable sources; or (b) the purchase or other acquisition and supply of electricity so generated. (3A) Subsection (1) does not apply to the performance of the corporation's functions under section 35(b) to acquire and transport gas. (3B) Subsection (1) does not apply to the performance of the corporation's function under section 35(b) to supply gas so far as the performance involves only the supply of gas to the Regional Power Corporation. (3) Subsection (1) does not apply to the performance of the corporation's functions under subparagraph (ii) of section 35(e), but the functions under that subparagraph do not authorise the corporation to own or control any electricity generation plant or equipment. (4) If — (a) the sources of energy used to generate electricity are a combination of renewable sources and diesel or renewable sources and gas; and (b) the renewable sources comprise a substantial proportion of those sources of energy, then for the purposes of subsection (2) the electricity is taken to be generated from renewable sources. (5) Regulations may be made authorising the corporation to perform one or more of its functions under section 35 (including functions referred to in subsections (2), (3A), (3B) and (3)) in a part or parts of the State not served by the South West interconnected system. (6) Regulations referred to in subsection (5) are in addition to and do not affect subsections (2), (3A), (3B) and (3) unless a provision of the regulations is declared by the regulations to have effect despite any conflict or inconsistency with any of those subsections. [Section 37 amended: No. 8 of 2009 s. 50(2); No. 25 of 2013 s. 13.] 38. Wholesale acquisition or supply of electricity (1) Regulations may be made providing for and in relation to, or authorising the Minister to approve arrangements (wholesale arrangements) providing for and in relation to — (a) the wholesale acquisition or supply of electricity by the corporation; and (b) the acquisition or supply by the corporation of goods and services relating to the wholesale acquisition or supply of electricity (wholesale products). (2) Without limiting subsection (1), wholesale arrangements may be in the form of rules or a code. (3) Wholesale arrangements are not subsidiary legislation for the purposes of the Interpretation Act 1984 and section 42 of that Act does not apply to them or to an instrument amending or repealing them. (4) The Interpretation Act 1984 sections 43 (other than subsection (6)), 44, 48, 48A, 50(1), 53, 55, 56, 58, 59, 75 and 76 and Part VIII apply to wholesale arrangements as if they were subsidiary legislation. (5) Regulations referred to in subsection (1) may — (a) set out the process for the approval, amendment and repeal of wholesale arrangements; and (b) provide for the publication, commencement, and laying before each House of Parliament, of wholesale arrangements and instruments amending or repealing them. (6) If there is a conflict or inconsistency between a provision of regulations referred to in subsection (1) and a provision of wholesale arrangements, the provision of the regulations prevails. [Section 38 inserted: No. 25 of 2013 s. 14.] 39. Matters for regulations or wholesale arrangements (1) In this section — approved instrument means an instrument referred to in subsection (2)(b) that is approved under the regulations or wholesale arrangements; specified means specified in the regulations or wholesale arrangements; terms and conditions includes pricing and pricing methodology; wholesale arrangements has the meaning given in section 38(1); wholesale products has the meaning given in section 38(1)(b). (2) Regulations referred to in section 38(1), or wholesale arrangements, may — (a) set out requirements to be complied with, or standards or principles to be observed, by the corporation in relation to — (i) the wholesale acquisition or supply of electricity by the corporation; or (ii) the acquisition or supply of wholesale products by the corporation; and (b) without limiting paragraph (a), require the corporation to lodge with a specified person an instrument setting out the terms and conditions that are to apply to — (i) the wholesale acquisition or supply by the corporation of a specified amount of electricity or an amount of electricity determined in a specified manner; or (ii) the acquisition or supply by the corporation of specified wholesale products or wholesale products of a specified class; and (c) set out the process for the approval of an instrument referred to in paragraph (b), including the matters to be taken into account when deciding whether to give approval; and (d) set out the process for the amendment or replacement of an approved instrument; and (e) impose obligations on the corporation, including an obligation to give an undertaking to a specified person in respect of a specified matter or class of matter; and (f) confer functions on the Minister, the Economic Regulation Authority or any other specified person; and (g) provide for the rights of persons to be supplied with electricity or wholesale products — (i) in accordance with requirements, standards or principles set out in the regulations or wholesale arrangements; or (ii) on terms and conditions set out in an approved instrument; and (h) provide for matters of an incidental or supplementary nature. (3) Regulations referred to in section 38(1) may — (a) provide that a provision of the regulations or wholesale arrangements that — (i) imposes an obligation on the corporation; and (ii) is specified in the regulations or of a class specified in the regulations, is a civil penalty provision for the purposes of the regulations; and (b) prescribe, for a contravention of a civil penalty provision — (i) an amount not exceeding $100 000; and (ii) in addition a daily amount not exceeding $20 000, that may, in accordance with the regulations, be demanded from or imposed upon the corporation; and (c) provide for demands for the payment of amounts referred to in paragraph (b) and the enforcement of demands for their payment; and (d) provide for and regulate the taking of proceedings in respect of alleged contraventions by the corporation of provisions of the regulations or wholesale arrangements, provide for the orders that can be made and other sanctions that can be imposed in those proceedings and provide for the enforcement of those orders and sanctions; and (e) provide for the manner in which amounts received by way of civil penalties are to be dealt with and applied; and (f) provide for the review by a specified person of decisions made under the regulations or wholesale arrangements. (4) In subsection (3)(b)(ii) — daily amount means an amount for each day or part of a day during which the contravention continues. (5) If wholesale arrangements confer functions on a person — (a) the functions are to be taken to be conferred by this Act; and (b) the person is authorised to perform the functions. [Section 39 inserted: No. 25 of 2013 s. 14.] [40. Deleted: No. 25 of 2020 s. 119.] Subdivision 3 — Electricity Networks Corporation 41. Principal functions The functions of the Electricity Networks Corporation (in this Subdivision called the corporation) are — (a) to manage, plan, develop, expand, enhance, improve and reinforce electricity transmission and distribution systems and provide and improve electricity transmission and distribution services; and (b) to do anything that it is authorised or required to do by the Electricity Industry Act 2004, the regulations under that Act, the Code made under Part 8 of that Act and the electricity system and market rules; and [(ba) deleted] (c) to provide stand‑alone power systems (as defined in the Electricity Industry Act 2004 section 3(1)) in accordance with the regulations under Part 8 of that Act, the Code made under that Part and the electricity system and market rules; and (d) to provide services that improve the efficiency of electricity supply and the management of demand on electricity transmission and distribution systems; and (e) to provide ancillary services; and (f) by agreement with the Regional Power Corporation, to operate and maintain electricity transmission and distribution systems on behalf of that corporation; and (g) by agreement with the Electricity Generation and Retail Corporation and the Regional Power Corporation, to provide procurement, financial and commercial services to those corporations; and (h) to provide telecommunication services; and (i) to construct, install, undertake, maintain and operate any works, system, facilities, apparatus or equipment required for any purpose mentioned in this section. [Section 41 amended: No. 25 of 2013 s. 15; No. 9 of 2020 s. 30(2); No. 1 of 2024 s. 44.] 42. Other functions It is also a function of the corporation — (a) in addition to its functions under section 41(f) and (g), to use its expertise and resources, other than those relating to the functions referred to in section 41(c), to provide consultative, advisory or other services for profit; or (b) to develop and turn to account any technology, software or other intellectual property that relates to a function under section 41(a) or (d) to (i); or (c) to manufacture and market any product that relates to a function — (i) under section 41(a) or (d) to (i); or (ii) under paragraph (b) of this section; or (d) to use or exploit for profit the fixed assets it has for the purpose of performing a function under section 41(a) or (d) to (i) so long as the proper performance of the function is not affected; or (e) to do anything that the corporation determines to be conducive or incidental to the performance of a function under section 41 or this section; or (f) to do anything that it is authorised to do by any other written law. 43. Restriction on area in which corporation may operate (1) Within the State the performance of the corporation's functions under section 41 is limited to the South West interconnected system. (2) Subsection (1) does not apply to the performance of the corporation's functions under section 41(f) and (g), but the functions under section 41(f) or (i) do not authorise the corporation to own or control any electricity transmission or distribution system. (3) Regulations may be made authorising the corporation to perform one or more of its functions under section 41 (including functions referred to in subsection (2)) in a part or parts of the State not served by the South West interconnected system. (4) Regulations referred to in subsection (3) are in addition to and do not affect subsection (2) unless a provision of the regulations is declared by the regulations to have effect despite any conflict or inconsistency with that subsection. [Section 43 amended: No. 25 of 2013 s. 16.] [Subdivision 4 (s. 44‑50A) deleted: No. 25 of 2013 s. 17.] Subdivision 5 — Regional Power Corporation 50. Principal functions The functions of the Regional Power Corporation (in this Subdivision called the corporation) are — (a) to generate, purchase or otherwise acquire electricity from sources of energy including renewable sources; and (b) to manage, plan, develop, expand, enhance, improve and reinforce electricity transmission and distribution systems and provide and improve electricity transmission and distribution services; and (ba) to do anything that it is authorised or required to do by the Electricity Industry Act 2004, the regulations under that Act, the electricity system and market rules, the Code made under Part 8 of that Act and the Pilbara Networks Access Code and Pilbara networks rules made under Part 8A of that Act; and (bb) to provide stand‑alone power systems (as defined in the Electricity Industry Act 2004 section 3(1)) in accordance with the regulations under Part 8 of that Act, the Code under that Part and the electricity system and market rules; and (c) to provide stand‑alone power systems (as defined in the Electricity Industry Act 2004 section 3(1)) in accordance with the regulations, the Pilbara Networks Access Code and the Pilbara networks rules made under Part 8A of that Act; and (ca) to do anything that it is authorised or required to do by the Electricity Industry Act 2004 Part 8A (which relates to network access in the Pilbara region) and the regulations, Pilbara Networks Access Code and Pilbara networks rules made under that Part; and (d) to supply electricity to consumers and services which improve the efficiency of electricity supply and the management of demand and which, so far as is practicable, are comparable to services provided by the Electricity Generation and Retail Corporation in the performance of its functions under section 35(da); and (e) to acquire, transport and supply — (i) gas; and (ii) steam; and (f) to acquire, develop, operate and supply energy efficient technologies; and (g) to provide ancillary services; and (h) by agreement with the Electricity Generation and Retail Corporation, to operate and maintain any electricity generation plant or equipment on behalf of that corporation; and (i) to provide telecommunication services; and (j) to undertake, maintain and operate any works, system, facilities, apparatus or equipment required for any purpose mentioned in this section. [Section 50 amended: No. 25 of 2013 s. 18; No. 9 of 2020 s. 30(3); No. 1 of 2024 s. 45.] 51. Other functions It is also a function of the corporation — (a) to use its expertise and resources to provide consultative, advisory or other services for profit; or (b) to develop and turn to account any technology, software or other intellectual property that relates to a function under section 50 other than the function under section 50(c); or (c) to manufacture and market any product that relates to a function under section 50 or paragraph (b); or (d) to use or exploit for profit the fixed assets it has for the purpose of performing a function under section 50, other than the function under section 50(c), so long as the proper performance of the function is not affected; or (e) to do anything that the corporation determines to be conducive or incidental to the performance of a function under section 50 or this section; or (f) to do anything that it is authorised to do by any other written law. 52. Restriction on area in which corporation may operate (1) Within the State the performance of the corporation's functions under section 50(a) to (g) and (i) and (j) relating to electricity is limited to electricity systems in those parts of the State (the area of operations) that are not served by the South West interconnected system. (2) Within the State the performance of the corporation's functions of — (a) supplying gas or steam; or (b) providing telecommunication services, is limited to supply or provision within the area of operations. (3) Subsections (1) and (2) do not apply to the performance of the corporation's functions of acquiring, transporting and supplying gas so far as the performance involves only either or both of the following — (a) the acquisition and transport of gas from the Electricity Generation and Retail Corporation; (b) the supply and transport of gas to the Electricity Generation and Retail Corporation. (4) Regulations may be made authorising the corporation — (a) to perform one or more of the functions referred to in subsection (1) in respect of electricity systems in a part or parts of the State outside the area of operations; and (b) to perform one or more of the functions referred to in subsection (2) in a part or parts of the State outside the area of operations. (5) Regulations referred to in subsection (4) are in addition to and do not affect subsection (3) unless a provision of the regulations is declared by the regulations to have effect despite any conflict or inconsistency with that subsection. [Section 52 amended: No. 25 of 2013 s. 19.] Subdivision 6 — Special function in respect of certain assets and liabilities 53. Administration under delegated power (1) In this section — unallocated asset or liability means an asset, right or liability that, under section 169 is to be dealt with by the Minister. (2) Regulations may be made — (a) declaring — (i) any specified unallocated asset or liability; or (ii) any specified group of such assets or liabilities, to be an asset or liability or group to which this section applies (the declared matters); and (b) designating a corporation to act in respect of the declared matters. (3) If regulations are in force designating a corporation to act in respect of declared matters — (a) the Minister may, in writing, delegate his or her powers or duties under section 166 in respect of those matters to that corporation; and (b) it is a function of the corporation to exercise the powers or duties so delegated. (4) A corporation exercising or performing a power or duty that has been delegated to it under this section is to be taken to do so in accordance with the terms of the delegation, unless the contrary is shown. (5) A corporation may exercise or perform a power or duty that has been delegated to it under this section through an officer or agent. (6) The regulations may prescribe provisions of this Act that — (a) do not apply; or (b) apply with specified modifications, other than in relation to quality and reliability of supply, to the declared matters or the exercise of the powers or duties under this section. (7) Regulations referred to in subsection (6) cannot disapply or modify the application of provisions of this Act so as to limit or affect the performance of community service obligations (as defined in the GTE Act section 69(1)) of a corporation. [Section 53 amended: No. 13 of 2023 s. 191.] Subdivision 7 — Use of distribution systems for the retail supply of electricity 54. Electricity Networks Corporation and Regional Power Corporation not to supply services for certain purposes (1) In this section — customer, distribution licence and integrated regional licence have the meanings given to those terms in the Electricity Industry Act 2004 section 3; prescribed customer means a customer of a class prescribed by order under subsection (4); services has the meaning given to that term in the Electricity Industry Act 2004 section 3. (2) A distribution licence does not authorise the Electricity Networks Corporation, or a subsidiary of that corporation, to supply services for the purpose of the supply of electricity to a prescribed customer by a person other than the Electricity Generation and Retail Corporation or a subsidiary of the Electricity Generation and Retail Corporation. (3) A distribution licence or an integrated regional licence does not authorise the Regional Power Corporation, or a subsidiary of that corporation, to supply services for the purpose of the supply of electricity to a prescribed customer by a person other than that corporation or a subsidiary of that corporation. (4) The Minister may, by order published in the Gazette — (a) declare a class of customers to be prescribed customers for the purposes of subsection (2) or (3); and (b) amend or revoke an order made under paragraph (a). (5) Without limiting subsection (4)(a), a class of customers may be declared by reference to — (a) the amount of electricity that has been consumed by a customer within a specified period; or (b) an estimate made by a specified person or a person of a specified class of the amount of electricity that will be consumed by a customer within a specified period. (6) In subsection (5) — specified means specified in the order. [(7) deleted] (8) Subsections (2) and (3) have effect despite the Electricity Industry Act 2004 Part 8, 8A or 9. [Section 54 amended: No. 25 of 2013 s. 20; No. 9 of 2020 s. 30(4) and (5); No. 13 of 2023 s. 192; No. 1 of 2024 s. 46.] [55. Deleted: No. 13 of 2023 s. 193.] Subdivision 8 — Provisions applying to functions of all corporations [56. Deleted: No. 13 of 2023 s. 194.] 57. Where corporation may operate A corporation may perform any of its functions — (a) outside the State; and (b) except as provided in this Division, in any area of the State. [58. Deleted: No. 13 of 2023 s. 195.] 59. Powers (1) In subsection (3)(g) — business arrangement means a company, a partnership, a trust, a joint venture, or an arrangement for sharing profits; participate includes form, promote, establish, enter, manage, dissolve, wind up, and do anything incidental to participating in a business arrangement. (2) A corporation has all the powers it needs to perform its functions under this Act or any other written law. (3) A corporation may for the purpose of performing any function — (a) acquire, hold, manage, improve, develop and dispose of any real or personal property; and (b) enter into any contract or arrangement; and (c) apply for the grant or transfer of any mining tenement, petroleum licence or other licence or authority to the corporation; and (d) acquire, establish and operate — (i) any undertaking (including any necessary tenements and licences) for the production, recovery, conversion, processing or transport of any fuel or source of energy; and (ii) any associated undertaking; and (e) produce and deal in — (i) any by‑product resulting from; or (ii) any equipment, facilities or system associated with, the performance of any function of the corporation; and (f) appoint agents or engage persons under contracts for services to provide professional, technical or other assistance to the corporation; and (g) participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to, a business arrangement; and (h) carry out any investigation, survey, exploration or boring; and (i) collaborate in, carry out, or procure the carrying out of, research and publish information that results from the research; and (j) for the purposes of section 36(b), 42(b) or 51(b), as the case may be, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and (k) promote and market the corporation and its activities. (3A) Subsections (2) and (3) have effect subject to the GTE Act. (4) A corporation may — (a) make gifts for charitable purposes or for other purposes of benefit to the community or a section of the community; and (b) undertake community service obligations (as defined in the GTE Act section 69(1)); and (c) make any ex gratia payment that the board considers to be in the corporation's interest; and (d) accept any gift, devise or bequest if it is absolute, or subject to conditions that are within the functions of the corporation. (5) Subsection (3) or (4) does not limit subsection (2) or the other powers of a corporation under this Act or any other written law. (6) If the generality of a power conferred on a corporation by this Act is restricted by a provision of the Energy Operators (Powers) Act 1979 that restriction applies, despite this Act. [Section 59 amended: No. 25 of 2013 s. 21; No. 13 of 2023 s. 196.] 60. Certain works exempt from planning laws (1) In this section — corporation means each of — (a) the Electricity Networks Corporation; and (b) the Regional Power Corporation; electricity distribution system and electricity transmission system have the meanings given to those terms in the Electricity Transmission and Distribution Systems (Access) Act 1994 section 89. (2) This section applies to the carrying out by a corporation of works for the extension, expansion or enhancement of an electricity distribution system or an electricity transmission system. (3) Despite the Planning and Development Act 2005 sections 218 and 221, a corporation is not required to comply with the provisions of — (a) an interim development order; or (b) a local planning scheme; or (c) an improvement scheme; or (d) the Swan Valley Planning Scheme, as defined in section 4(1) of that Act in carrying out the works referred to in subsection (2). (4) However, a corporation — (a) is to carry out the works, so far as is reasonably practicable — (i) in keeping with the design and intent of; and (ii) so as not to destroy the amenity of, any relevant scheme or order referred to in subsection (3); and (b) is to consult with the responsible authority at the time when a proposal for any works referred to in subsection (2) is being formulated to ensure that paragraph (a) will be complied with. (5) A corporation is to give the Minister and the Minister responsible for the administration of the Planning and Development Act 2005 written notice of a proposal to carry out works referred to in subsection (2) if those works will not comply with the provisions of an order or scheme referred to in subsection (3). (6) A corporation is to include in its annual report under the GTE Act section 144 details of any works carried out by the corporation during the relevant financial year that did not comply with the provisions of an order or scheme referred to in subsection (3). [Section 60 amended: No. 38 of 2005 s. 15; No. 28 of 2010 s. 31; No. 45 of 2020 s. 100; No. 13 of 2023 s. 197.] 61. Limitation of corporation's duty to act on commercial principles Despite the GTE Act section 9(2)(b), the Electricity Networks Corporation is only required to ensure, so far as is practicable, that the reasonable cost of performing the function referred to in section 41(c) does not exceed its revenue from doing so. [Section 61 inserted: No. 13 of 2023 s. 198.] 62. Segregation of functions (1) Regulations may be made providing for and in relation to, or authorising the Minister to approve arrangements (segregation arrangements) providing for and in relation to — (a) the division of the functions or operations of a corporation into segments; and (b) the segregation of any such segment of a corporation from the other functions or operations of the corporation; and (c) the segregation from a corporation of any subsidiary of the corporation that has any functions or operations of a specified kind. (2) Without limiting subsection (1), segregation arrangements may be in the form of rules or a code. (3) Segregation arrangements are not subsidiary legislation for the purposes of the Interpretation Act 1984 and section 42 of that Act does not apply to them or to an instrument amending or repealing them. (4) The Interpretation Act 1984 sections 43 (other than subsection (6)), 44, 48, 48A, 50(1), 53, 55, 56, 58, 59, 75 and 76 and Part VIII apply to segregation arrangements as if they were subsidiary legislation. (5) Regulations referred to in subsection (1) may — (a) set out the process for the approval, amendment and repeal of segregation arrangements; and (b) provide for the publication, commencement, and laying before each House of Parliament, of segregation arrangements and instruments amending or repealing them. (6) If there is a conflict or inconsistency between a provision of regulations referred to in subsection (1) and a provision of segregation arrangements, the provision of the regulations prevails. [Section 62 inserted: No. 25 of 2013 s. 22.] 63A. Matters for regulations or segregation arrangements (1) In this section — segregation arrangements has the meaning given in section 62(1); specified means specified in the regulations or segregation arrangements. (2) Regulations referred to in section 62(1), or segregation arrangements, may — (a) set out requirements to be complied with, or standards or principles to be observed, by a corporation in relation to dealings between one segment of the corporation and another segment of the corporation in respect of a specified matter or class of matter; and (b) provide for the keeping of accounts and records; and (c) provide for financial reporting and performance reporting; and (d) provide for the apportionment of income, expenditure, assets and liabilities; and (e) provide for the protection of information; and (f) provide for controls and procedures to ensure that any required segregation is effective; and (g) impose obligations on a corporation, including an obligation to give an undertaking to a specified person in respect of a specified matter or class of matter; and (h) confer functions on the Minister, the Economic Regulation Authority or any other specified person; and (i) provide for matters of an incidental or supplementary nature. (3) Regulations referred to in section 62(1) may — (a) provide that a provision of the regulations or segregation arrangements that — (i) imposes an obligation on a corporation; and (ii) is specified in the regulations or of a class specified in the regulations, is a civil penalty provision for the purposes of the regulations; and (b) prescribe, for a contravention of a civil penalty provision — (i) an amount not exceeding $100 000; and (ii) in addition a daily amount not exceeding $20 000, that may, in accordance with the regulations, be demanded from or imposed upon a corporation; and (c) provide for demands for the payment of amounts referred to in paragraph (b) and the enforcement of demands for their payment; and (d) provide for and regulate the taking of proceedings in respect of alleged contraventions by a corporation of provisions of the regulations or segregation arrangements, provide for the orders that can be made and other sanctions that can be imposed in those proceedings and provide for the enforcement of those orders and sanctions; and (e) provide for the manner in which amounts received by way of civil penalties are to be dealt with and applied; and (f) provide for the review by a specified person of decisions made under the regulations or segregation arrangements. (4) In subsection (3)(b)(ii) — daily amount means an amount for each day or part of a day during which the contravention continues. (5) If segregation arrangements confer functions on a person — (a) the functions are to be taken to be conferred by this Act; and (b) the person is authorised to perform the functions. [Section 63A inserted: No. 25 of 2013 s. 22.] 63. Interruption or restriction of supply (1) A corporation may interrupt, suspend or restrict the generation, transport or supply of electricity if in its opinion it is necessary to do so because of an accident, emergency, potential danger or other unavoidable cause. (2) Subsection (1) does not apply if the Electricity Industry Act 2004 section 31(1) applies to the activity that is interrupted, suspended or restricted. (3) A corporation is not liable for any loss or damage which arises from any such interruption, suspension or restriction except to the extent that an agreement to which the corporation is a party provides otherwise. (4) This section is in addition to the provisions of — (a) the Energy Operators (Powers) Act 1979 sections 48, 57 and 58; and (b) regulations made under the Electricity Industry Act 2004 Part 9, and does not limit those provisions. [(5) deleted] [Section 63 amended: No. 13 of 2023 s. 199; No. 1 of 2024 s. 47.] [64-70. Deleted: No. 13 of 2023 s. 200.] 71. Delegation (1) A corporation may delegate any power or duty of the corporation under — (a) another provision of this Act; or (b) another written law. (2) A delegation under subsection (1) may be made to — (a) a director or directors; or (b) a chief executive officer; or (c) a member or members of staff; or (d) a committee established under the GTE Act section 26(1); or (e) any other person. (3) The delegation must be in writing executed by the corporation. (4) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (5) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation, unless the contrary is shown. (6) Nothing in this section limits the ability of a corporation to perform a function through an officer or agent. (7) This section does not apply to the execution of documents. Note for this subsection: Authority to execute documents on behalf of a corporation can be given under the GTE Act section 156. [Section 71 amended: No. 13 of 2023 s. 201.] 72. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 (1) If a corporation is given a request to disclose information under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 100A, the corporation must disclose information in compliance with the request. (2) The information disclosed in compliance with a request referred to in subsection (1) may include the names and addresses of customers of the corporation but must not include photographs or signatures of those customers. (3) The disclosure of information is to be free of charge. [Section 72 inserted: No. 25 of 2020 s. 120.] [Division 2 (s. 73, 74) deleted: No. 25 of 2013 s. 23.] Division 3 — Arrangements authorised or approved by Governor 75. Governor may make certain regulations (1) Regulations may be made authorising or approving any arrangement, act, matter or thing in relation to a corporation for the purposes of the Competition and Consumer Act 2010 (Commonwealth) and the Competition Code. (2) Regulations referred to in subsection (1) may authorise or approve — (a) any arrangement involving or relating to a corporation or any subsidiary or the performance by a corporation or any subsidiary of any of its functions; or (b) any act or thing done or proposed to be done in the State by a corporation or any subsidiary in the performance of its functions; or (c) any other matter or thing necessary or convenient to facilitate or give effect to the authorisation or approval. (3) For the purposes of this section — (a) arrangement includes any contract, arrangement or understanding, or any market practice or market or customer restriction, division, allocation or segregation of any nature, or a course of conduct or dealing; and (b) a reference to any act or thing done or proposed to be done includes a reference to an omission or proposed omission to do that act or thing. [Section 75 amended: No. 25 of 2013 s. 24.] [Division 4 (s. 76-79) deleted: No. 13 of 2023 s. 202.] Part 4 — Operation of corporations, imposition of requirements 80. Terms used In this Part — corporation includes a subsidiary of a corporation; prescribed contract means a contract referred to section 82(1); specified means specified in a prescribed contract. 81. Object of this Part The object of this Part is to confer on the Minister power to determine arrangements between the corporations in order to — (a) encourage the development of competition in the generation, wholesaling and retailing of electricity; and (b) establish the terms and conditions of the initial arrangements that are to have effect between them; and (c) facilitate the economically efficient performance of their functions under this Act. [Section 81 amended: No. 25 of 2013 s. 25.] 82. Minister may prescribe contracts (1) The Minister may by order prescribe provisions that are to have effect as a contract between — (a) a specified corporation and another specified corporation; or (b) 2 or more specified corporations. (2) The Minister is to cause an order under subsection (1) to be served on each of the corporations concerned. 83. Matters that may be provided for (1) A prescribed contract may provide for such matters as the Minister considers necessary or expedient to achieve a purpose mentioned in section 81(a), (b) or (c). (2) Without limiting subsection (1), a prescribed contract may include provision for — (a) a specified amount of electricity, or an amount of electricity determined in a specified manner, to be supplied or made available by a corporation to another corporation for a specified purpose; and (b) the prices to be paid or price limits that are to apply. (3) A prescribed contract may set out — (a) the rights and obligations of the corporations concerned; and (b) arrangements and procedures that are to apply between them; and (c) requirements that are to be complied with by each of the corporations; and (d) any incidental or supplementary provision that the Minister considers it necessary or expedient to include in the contract. [Section 83 amended: No. 25 of 2013 s. 26.] 84. Amendment or cancellation (1) The Minister may — (a) vary or add to the provisions of a prescribed contract; or (b) cancel the contract and replace it with another prescribed contract. (2) The Minister is to cancel, without replacing, a prescribed contract made for the purpose mentioned in section 81(a) when he or she considers that the State electricity market is operating in an open and competitive manner. (3) An amendment or cancellation is to be made by order served on the corporations concerned. 85. Enforcement (1) A prescribed contract is taken to have been entered into between the corporations concerned, and the rights and obligations under the contract are enforceable accordingly. (2) A prescribed contract has effect despite any other provision of this Act. 86. Advice of Economic Regulation Authority to be obtained (1) Before the Minister cancels a prescribed contract under section 84(2) the Minister must obtain, and take into account, the views of the Economic Regulation Authority on the effect that the proposed cancellation is likely to have on the encouragement of competition in the generation, wholesaling and retailing of electricity. (2) It is a function of the Economic Regulation Authority to give advice for the purposes of subsection (1). 87. Trade practices exemption For the purposes of the Competition and Consumer Act 2010 (Commonwealth) and the Competition Code, each of the following — (a) the making of an order under section 82(1) or 84; (b) a prescribed contract; (c) anything done under, or to give effect to, a prescribed contract, is specifically authorised to the extent that it would otherwise contravene that Act or that Code. [Section 87 amended: No. 25 of 2013 s. 27.] Part 5 — Ministerial directions [Heading inserted: No. 13 of 2023 s. 203.] [Divisions 1-3 (s. 88-109) deleted: No. 13 of 2023 s. 204.] [Division 4 heading deleted: No. 13 of 2023 s. 205.] [110. Deleted: No. 13 of 2023 s. 206.] 111. Directions that cannot be given under GTE Act s. 108 No direction can be given under the GTE Act section 108(1) to the Electricity Networks Corporation with respect to the exercise or performance of any power or duty of that corporation under the Electricity Industry Act 2004 Part 9 or regulations or electricity system and market rules made under that Part. [Section 111 inserted: No. 13 of 2023 s. 206; amended: No. 1 of 2024 s. 48.] [112, 113. Deleted: No. 13 of 2023 s. 206.] 114. Directions relating to supply of gas (1) In this section — corporation means the Electricity Generation and Retail Corporation; specified means specified in the instrument referred to in subsection (