Western Australia: Energy Coordination Act 1994 (WA)

Western Australia Energy Coordination Act 1994 Western Australia Energy Coordination Act 1994 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 1A — Coordinator of Energy 4. Coordinator of Energy 1 4A. Coordinator's functions 1 4B. Staff for Coordinator 1 4C. Delegation by Coordinator 1 4D. Minister may give directions to Coordinator 1 4E. Minister to have access to information from Coordinator 1 Part 2 — Director of Energy Safety 5. Director of Energy Safety 1 7. Director's functions 1 8. Staff for Director 1 9. Delegation by Director 1 10. Minister may give directions to Director 1 11. Minister to have access to information from Director 1 Part 2A — Licensing of gas supply Division 1A — Role of Economic Regulation Authority 11AA. Functions of Authority 1 Division 1 — Supply areas 11A. Constitution of supply areas 1 11B. Areas need not be continuous 1 11C. Consultation 1 Division 2 — Licence classification and area of operation 11D. Classification of licences 1 11E. Area to which licence applies 1 Division 3 — Licensing requirements 11F. Licensing extends to statutory providers 1 11G. Requirement for licence 1 11H. Power to exempt 1 11I. Transitional provision 1 Division 4 — Licence application, grant, etc. 11K. Authority to consider public interest 1 11L. Application for licence 1 11M. Terms and conditions of licence 1 11N. Authority may grant more than one licence for supply area 1 11O. Duration of licence 1 11P. Renewal of licence 1 11Q. Licence fee 1 11R. Transfer of licence 1 11S. Decisions as to grant, renewal or transfer 1 11T. Notice of decisions 1 11U. Licences to be available for inspection 1 11V. Other laws not affected 1 11VA. Amendment of licence on application of licensee 1 11W. Amendment of licence 1 11WA. Regulations about public consultation 1 Division 4A — Supply contracts for small use customers Subdivision 1 — Preliminary 11WB. Terms used 1 Subdivision 2 — Requirements for supply contracts 11WC. Regulations as to supply contracts 1 11WD. Form of contract to be submitted with application for grant, renewal or transfer 1 11WE. Licence application not to be granted unless standard form contract approved 1 11WF. Approval of standard form contract 1 11WG. Licence conditions 1 11WH. Amendment or replacement of standard form contract 1 11WI. Authority may direct that amendment be made 1 Subdivision 3 — Default supplier 11WJ. Terms used 1 11WK. Deemed contract where customer takes gas without making arrangements 1 11WL. Determination of default supplier 1 Division 4B — Exclusive licences 11WM. Regulations may authorise an exclusive licence 1 11WN. Requirements for regulations 1 11WO. Application for and grant of licence 1 11WP. Prohibition of further licences 1 11WQ. Trade practices exemption 1 Division 4C — Recovery of costs 11WR. Regulations may authorise recovery of costs 1 Division 5 — Interruption etc. of supply 11X. Interruption etc. of supply 1 Division 6 — Duties included in licences 11Y. Asset management system 1 11Z. Compliance with technical standards 1 11ZA. Performance audit 1 Division 6A — Last resort supply arrangements 11ZAA. Terms used 1 11ZAB. Authority to ensure supply plan in place 1 11ZAC. Requirements for last resort supply plan 1 11ZAD. How plan brought into operation 1 11ZAE. Designation of licensee as supplier of last resort 1 11ZAF. Functions of supplier of last resort 1 11ZAG. Approval or determination of plan 1 11ZAH. Amendment of plan by supplier 1 11ZAI. Authority may make amendment 1 11ZAJ. Licence condition 1 11ZAK. Provision may be made by regulation 1 Division 7 — Enforcement 11ZB. Failure to comply with licence 1 11ZC. Right of licensee to make submissions 1 11ZD. Exception where public health or safety endangered 1 11ZE. Cancellation of licence 1 11ZF. Duty to leave system in safe condition 1 Division 8 — Review 11ZH. Review of Authority's decision 1 Division 9 — Powers in relation to land 11ZI. When this Division applies 1 11ZJ. Power of public authority to grant easements etc. 1 11ZK. Taking of interest or easement for purposes of licence 1 11ZL. Vesting of interest or easement 1 11ZM. Proceedings and liability 1 11ZN. Easements in gross 1 Division 10 — Extension of Energy Operators (Powers) Act 1979 to licensees 11ZO. Extension of certain provisions of Energy Operators (Powers) Act 1979 1 Part 2B — Gas supply: retail market schemes Division 1 — Preliminary 11ZOA. Terms used 1 Division 2 — Purpose and content of a retail market scheme 11ZOB. Purpose of retail market scheme 1 11ZOC. Persons required to comply with a retail market scheme 1 11ZOD. Persons required to comply with retail market rules 1 11ZOE. Exception to requirement for a scheme 1 11ZOF. Elements of retail market scheme 1 11ZOG. Requirements for retail market rules 1 11ZOH. Regulations for retail market scheme or rules 1 Division 3 — Preparation, approval, review and amendment of retail market schemes 11ZOI. Submission of retail market scheme for approval 1 11ZOJ. Approval of retail market schemes 1 11ZOK. Commencement of retail market schemes 1 11ZOL. Submission of amendment for approval 1 11ZOM. Approval of amendment 1 11ZON. Prerequisites to approval of scheme 1 11ZOO. Prerequisites to approval of amendment 1 11ZOP. Matters to which Authority is to have regard 1 11ZOQ. Review of scheme 1 Division 4 — Enforcement Subdivision 1 — Enforcement of requirements for membership of scheme 11ZOR. Membership required 1 11ZOS. Power to exempt 1 11ZOT. Enforcement of section 11ZOR 1 Subdivision 2 — Enforcement of retail market scheme and rules 11ZOU. Authority may impose penalty for breach 1 Subdivision 3 — Prohibition of certain conduct in relation to a retail market scheme 11ZOV. Conduct preventing or hindering operation 1 11ZOW. Interpretation of section 11ZOV 1 11ZOX. Establishing purpose of conduct 1 11ZOY. Remedies for breach of section 11ZOV 1 Division 5 — Directions Subdivision 1 — Directions to amend retail market scheme 11ZOZ. Authority may direct amendment 1 11ZP. Non‑compliance with direction for amendment 1 Subdivision 2 — Directions as to operation of retail market scheme 11ZPA. Directions to governing body of a scheme 1 11ZPB. Enforcement of directions 1 Division 6 — Review of certain decisions 11ZPD. Review of decision to refuse approval 1 11ZPE. Review of direction to amend scheme 1 11ZPF. Review of penalty 1 11ZPG. Time for making application 1 11ZPH. Conduct of review 1 Division 7 — Regulations for operation of retail gas market 11ZPI. Regulations for retail gas market 1 11ZPJ. Grounds for Authority's recommendation 1 11ZPK. Regulations override scheme etc. 1 Part 2C — Code of conduct for marketing of gas to small use customers 11ZPL. Terms used 1 11ZPM. Code of conduct 1 11ZPN. Code is subsidiary legislation 1 11ZPO. Consultative committee 1 11ZPP. Licence condition 1 11ZPQ. Enforcement of code of conduct against marketing agents 1 11ZPR. Code may provide for vicarious liability 1 11ZPS. Code may include presumption of authority 1 11ZPT. Authority to monitor compliance 1 11ZPU. Comment to be sought on amendment or replacement of code 1 11ZPV. Review of code 1 11ZPW. Further provisions about opportunity to comment 1 Part 2D — Gas industry ombudsman scheme Division 1 — Preliminary 11ZPX. Terms used 1 11ZPY. Regulations as to gas industry ombudsman scheme 1 Division 2 — Approval of gas industry ombudsman scheme 11ZPZ. Authority may approve scheme 1 11ZQ. Requirements for scheme to be approved etc. 1 11ZQA. Revocation of approval 1 Division 3 — Scheme operation 11ZQB. Customer may have decision or complaint reviewed 1 11ZQC. Jurisdiction of courts 1 11ZQD. Enforcement against marketing agents and others 1 11ZQE. Authority to monitor compliance with decisions 1 Division 4 — Membership of approved scheme by licensee 11ZQF. Proof of membership in applications relating to licence 1 11ZQG. Prerequisite to grant etc. of licence 1 11ZQH. Licence condition 1 Part 3 — Inspectors 12. Designation of inspectors 1 13. Certificates of designation 1 14. Powers of inspection etc. 1 15. Incriminating statements 1 16. Inspector may be accompanied 1 17. Inspector to comply with reasonable requests 1 18. Inspector may issue order 1 18A. Orders as to dangerous things in relation to electricity or gas 1 18B. Orders as to unsafe work practices in relation to electricity or gas 1 18C. Orders as to distribution systems or distribution or transmission works 1 19. Appeal 1 19A. Review of certain orders of inspectors on the application of a network operator 1 19B. Review of determinations of Director in relation to orders by inspectors against a network operator 1 20. Offences 1 Part 4 — Information Division 1 — Obtaining information — Coordinator 20A. Term used: energy 1 21. Coordinator may require information to be given 1 22. Trade secrets 1 23. Obligation to comply with request 1 Division 2 — Confidentiality — Coordinator and Director 24. Confidentiality 1 24AA. Protection of trade secrets 1 24AB. Disclosure of information in the public interest 1 24AC. Review of determination 1 Part 5 — General 24A. Gas supply system emergencies 1 24B. Disclosure of information for promotion of safety and compliance purposes 1 24C. Gas supply emergency plans 1 25. Establishment of committees 1 26A. Licence not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 1 26. Regulations 1 27. Review 1 Schedule 1 — Coordinator's functions in respect of sustainable energy research 1. Terms used 1 2. Research functions 1 3. Power to direct researcher 1 4. Trusts and conditions 1 5. Provision of information to the Coordinator 1 6. Termination of assistance by the Coordinator 1 7. Researchers to maintain confidentiality 1 8. Protection of trade secrets 1 9. Other requests for confidentiality 1 10. Records to be maintained 1 Schedule 1A — Licence terms and conditions 1. Licence terms and conditions 1 Schedule 2 — Provisions of Energy Operators (Powers) Act 1979 that apply to licensees Schedule 2A — Remedies for contravention of section 11ZOV 1. Term used: Court 1 2. Actions for damages for contravention of section 11ZOV 1 3. Injunction 1 4. Declaratory relief 1 Schedule 2B — Objectives to be met by gas industry ombudsman scheme 1. Objectives stated 1 Schedule 3 — Gas supply system emergencies 1. Terms used 1 2. Action by operator 1 3. Emergency order 1 4. Emergency action by Minister 1 5. Liability to punishment continues 1 6. Protection 1 7. Powers of entry 1 8. Offences 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Energy Coordination Act 1994 An Act to provide for — • a scheme for licensing the supply of gas in certain areas of the State; • the conferral of functions on the Economic Regulation Authority in respect of the licensing scheme; • the facilitation of competition in the retail gas market by provision for appropriate arrangements between businesses operating in that market, a marketing code of conduct and a scheme for the resolution of certain customer disputes; • other regulation of the gas supply industry; • a public officer to coordinate and advise on energy policy and with functions under certain written laws relating to energy supply and in relation to the promotion of energy research; and • a public officer with functions under certain written laws relating to energy safety, and to confer powers, and make related provisions. [Long title amended: No. 20 of 1999 s. 4; No. 53 of 2003 s. 13 and 92; No. 67 of 2003 Sch. 2 cl. 8.] Part 1 — Preliminary 1. Short title This Act may be cited as the Energy Coordination Act 1994. 2. Commencement This Act comes into operation on such day as is fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003; commercial information means — (a) any knowledge or information relating to technology, marketing or energy used in a person's business and that might reasonably be expected adversely to affect the business or interests of that person if disclosed to another person; or (b) other information that has commercial value; component means a component of a distribution system, distribution works, transmission works or service apparatus; Coordinator means the Coordinator of Energy referred to in section 4; Director means the Director of Energy Safety referred to in section 5; distribution licence means a licence having the classification referred to in section 11D(1)(a); distribution system means — (a) a system of pipelines, mains, and gas service pipes, designed to operate at a pressure of less than 1.9 megapascals, for the transportation of gas to customers; or (b) any other part of the gas distribution system (as defined in section 90 of the Gas Corporation Act 1994 repealed by section 93 of the Gas Corporation (Business Disposal) Act 1999) at the time when a distribution licence is first issued for all or any part of that system (regardless of the pressure at which it is designed to operate), and any associated apparatus, facilities, structures, plant, or equipment; distribution works has the same meaning as it has in the Electricity Act 1945 section 5(1); electricity includes electrical energy of any kind however produced, stored, transported or consumed; energy means electricity, gas and thermal energy however derived; 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; inspector means a person designated as an inspector under section 12; licence means a distribution licence or trading licence; licensee means the holder of a licence and any transferee of the licence under section 11R; Minister has a meaning that is modified by subsections (2) and (3); network operator means — (a) in relation to gas — (i) the holder of a distribution licence for a distribution system and includes a person who operates the system on behalf of that holder; and (ii) a person granted an exemption under section 11H from holding a distribution licence for a distribution system and includes a person who operates the system on behalf of that person; or (b) in relation to electricity — (i) a network operator as defined in the Electricity Act 1945 section 5(1); and (ii) any other person lawfully operating transmission or distribution works; small use customer means a customer whose consumption of gas is less than 1 terajoule per year; supply, in relation to gas, means — (a) the transportation of gas through a distribution system; or (b) the sale of gas transported through a distribution system; supply area means an area for the time being constituted as such under section 11A; supply authority has the meaning given to that term in the Electricity Act 1945 section 5(1); trade secret means any knowledge or information — (a) relating to technology, marketing, energy, or energy resources or reserves; or (b) as to the business of the person concerned, the disclosure of which by a person performing functions under this Act might reasonably be expected to adversely affect the business or interests of the person concerned; trading licence means a licence having the classification referred to in section 11D(1)(b); transmission works has the meaning given to that term in the Electricity Act 1945 section 5(1). (2) A reference in a provision of this Act to the Minister is a reference to — (a) if, for the time being, different Ministers administer the provision in respect of different matters — the Minister administering the provision in respect of the matter in respect of which the provision is being applied; or (b) if paragraph (a) does not apply — the Minister administering the provision. (3) A reference in a regulation made under section 26 to the Minister is a reference to — (a) if, for the time being, different Ministers administer section 26 in respect of different matters — the Minister administering section 26 in respect of the matter in respect of which the regulation is being applied; or (b) if paragraph (a) does not apply — the Minister administering section 26. (4) Subsections (2) and (3) do not limit the operation of section 12 of the Interpretation Act 1984. [Section 3 amended: No. 20 of 1999 s. 5; No. 58 of 1999 s. 47; No. 53 of 2003 s. 14, 66 and 118; No. 67 of 2003 Sch. 2 cl. 9; No. 28 of 2006 s. 167; No. 5 of 2007 s. 11.] Part 1A — Coordinator of Energy [Heading inserted: No. 28 of 2006 s. 168.] 4. Coordinator of Energy A Coordinator of Energy is to be appointed under Part 3 of the Public Sector Management Act 1994. [Section 4 inserted: No. 28 of 2006 s. 168.] 4A. Coordinator's functions The functions of the Coordinator are — (a) to assist the Minister in planning and coordinating the provision of energy in the State; (b) to perform the functions vested in the Coordinator by or under this Act or any other written law; (c) to advise the Minister on all aspects of energy policy, including — (i) the energy needs of the State; (ii) ways of using energy and sources of energy, including renewable energy; (iii) the introduction and encouragement of competition in the energy industry; (iv) ways of promoting and achieving open access to transmission and distribution systems; (v) ways of achieving greater efficiency in the use of energy; (vi) the use of energy policy to assist in achieving other policy objectives of government; (vii) matters relating to the operation of relevant legislation; (d) for the purposes of paragraphs (a), (b) and (c) — (i) to monitor the operation of the State's energy industry and its participants; and (ii) to consult with interested groups and persons; (e) to promote energy research and development as provided by Schedule 1; (f) to promote the development of commercial applications of renewable energy; (g) to produce and publish information and reports on energy‑related matters; (h) to maintain a collection of the information and reports referred to in paragraph (g) and the information and reports produced by the Solar Institute formerly established by the Solar Energy Research Act 1977 2; (i) to provide support in the resolution of disputes about energy‑related matters. [Section 4A inserted: No. 28 of 2006 s. 168.] 4B. Staff for Coordinator Officers may be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Coordinator to perform his or her functions. [Section 4B inserted: No. 28 of 2006 s. 168.] 4C. Delegation by Coordinator (1) The Coordinator may by instrument in writing delegate to an officer referred to in section 4B the performance of any of his or her functions including functions under a written law, but not including the power to delegate under this section. (2) The Coordinator's powers under subsection (1) also extend to delegation of functions to the Director. (3) A delegation may be general or as otherwise provided by the instrument of delegation. (4) A delegate remains subject to the direction and control of the delegator. (5) Performance of a function by a delegate is to be treated as performance by the delegator. [Section 4C inserted: No. 28 of 2006 s. 168.] 4D. Minister may give directions to Coordinator (1) The Minister may give directions in writing to the Coordinator with respect to the performance of his or her functions, either generally or in relation to a particular matter, and he or she is to give effect to any such direction. (2) The text of any direction given under subsection (1) is to be — (a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and (b) included in the annual report submitted by the relevant accountable authority under Part 5 of the Financial Management Act 2006. [Section 4D inserted: No. 28 of 2006 s. 168; amended: No. 77 of 2006 Sch. 1 cl. 57(1).] 4E. Minister to have access to information from Coordinator (1) The Minister is entitled — (a) to have information in the possession of the Coordinator; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Coordinator to furnish information to the Minister; (b) request the Coordinator to give the Minister access to information; and (c) for the purposes of paragraph (b) make use of the staff referred to in section 4B to obtain the information and furnish it to the Minister. (3) The Coordinator is to comply with a request under subsection (2) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section — document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Coordinator. [Section 4E inserted: No. 28 of 2006 s. 168.] Part 2 — Director of Energy Safety [Heading amended: No. 28 of 2006 s. 169.] 5. Director of Energy Safety A Director of Energy Safety is to be appointed under Part 3 of the Public Sector Management Act 1994. [6. Deleted: No. 28 of 2006 s. 170.] 7. Director's functions The functions of the Director are — (a) those vested in the Director by or under — (i) the Electricity Act 1945; and (ia) this Act; and (ii) the Gas Standards Act 1972; and [(iii) deleted] (iv) any other written law; and (b) the provision of advice on safety and technical standards in the gas supply industry to the Authority. [Section 7 inserted: No. 65 of 1998 s. 89; amended: No. 67 of 2003 Sch. 2 cl. 11; No. 74 of 2003 s. 10(3)(a); No. 5 of 2007 s. 12.] 8. Staff for Director Officers may be appointed or made available under Part 3 of the Public Sector Management Act 1994 to enable the Director to perform their functions. [Section 8 amended: No. 28 of 2006 s. 171.] 9. Delegation by Director (1) The Director may by instrument in writing delegate to an officer referred to in section 8 the performance of any of his or her functions including functions under a written law, but not including the power to delegate under this section. [(2) deleted] (3) A delegation may be general or as otherwise provided by the instrument of delegation. (4) A delegate remains subject to the direction and control of the delegator. (5) Performance of a function by a delegate is to be treated as performance by the delegator. [Section 9 amended: No. 28 of 2006 s. 172.] 10. Minister may give directions to Director (1) The Minister may give directions in writing to the Director with respect to the performance of his or her functions, either generally or in relation to a particular matter, and he or she is to give effect to any such direction. (2) The text of any direction given under subsection (1) is to be — (a) laid before each House of Parliament within 14 sitting days of that House after the direction is given; and (b) included in the annual report submitted by the relevant accountable authority under Part 5 of the Financial Management Act 2006. [Section 10 amended: No. 20 of 1999 s. 7; No. 67 of 2003 Sch. 2 cl. 12; No. 5 of 2005 s. 39; No. 28 of 2006 s. 173; No. 77 of 2006 Sch. 1 cl. 57(2).] 11. Minister to have access to information from Director (1) The Minister is entitled — (a) to have information in the possession of the Director; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Director to furnish information to the Minister; (b) request the Director to give the Minister access to information; and (c) for the purposes of paragraph (b) make use of the staff referred to in section 8 to obtain the information and furnish it to the Minister. (3) The Director is to comply with a request under subsection (2) and make staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Director. [Section 11 amended: No. 28 of 2006 s. 174.] Part 2A — Licensing of gas supply [Heading inserted: No. 20 of 1999 s. 8.] Division 1A — Role of Economic Regulation Authority [Heading inserted: No. 67 of 2003 Sch. 2 cl. 13.] 11AA. Functions of Authority The functions of the Authority under this Part are — (a) to administer the licensing scheme provided for in this Part; (b) to monitor and report to the Minister on the operation of that licensing scheme and on compliance by licensees with their licences; (c) to inform the Minister about any failure by a licensee to meet performance criteria or other requirements of its licence; and (d) the other functions conferred on the Authority by this Part. [Section 11AA inserted: No. 67 of 2003 Sch. 2 cl. 13.] Division 1 — Supply areas [Heading inserted: No. 20 of 1999 s. 8.] 11A. Constitution of supply areas (1) The Governor may by order published in the Gazette — (a) constitute an area as a supply area; (b) add an area to, or excise an area from, a supply area; or (c) cancel the status of an area as a supply area. (2) An order is not to be made under subsection (1) excising an area from a supply area or cancelling the status of an area as a supply area unless the Governor is satisfied that the supply of gas provided in the area in question will, after the excision or cancellation, continue to be of an acceptable standard. (3) Section 42 of the Interpretation Act 1984 applies to an order under subsection (1) as if the order were a regulation. [Section 11A inserted: No. 20 of 1999 s. 8.] 11B. Areas need not be continuous A supply area may be one continuous area or be made up of 2 or more separate areas. [Section 11B inserted: No. 20 of 1999 s. 8.] 11C. Consultation Where it is proposed that an order be made under section 11A, the Minister must, before the order is made, consult with any licensee who will be materially affected by the proposed order. [Section 11C inserted: No. 20 of 1999 s. 8.] Division 2 — Licence classification and area of operation [Heading inserted: No. 20 of 1999 s. 8.] 11D. Classification of licences (1) Licences are classified as follows — (a) distribution, which authorises the licensee — (i) to construct a distribution system and to transport gas through the system; or (ii) to transport gas through an existing distribution system, and if required for that purpose to make alterations to the system, and to operate and maintain the system; or (b) trading, which authorises the licensee to sell to small use customers gas transported through a distribution system. (2) A licence is to be designated by reference to one of the classifications referred to in subsection (1). [Section 11D inserted: No. 20 of 1999 s. 8.] 11E. Area to which licence applies A licence is to be designated to apply to — (a) one or more supply areas; or (b) one or more parts of one or more supply areas, specified in the licence. [Section 11E inserted: No. 20 of 1999 s. 8; amended: No. 74 of 2003 s. 50(2).] Division 3 — Licensing requirements [Heading inserted: No. 20 of 1999 s. 8.] 11F. Licensing extends to statutory providers The requirements of this Division apply to a person despite the fact that the person, in supplying gas, is performing a function that — (a) is authorised or provided for by or under a written law; or (b) has been approved under a written law. [Section 11F inserted: No. 20 of 1999 s. 8.] 11G. Requirement for licence (1) A person must not in a supply area or part of a supply area — (a) construct, alter or operate a distribution system; or (b) transport gas through a distribution system, except under the authority of a distribution licence granted by the Authority that applies to that area or that part of that area. Penalty: $100 000 and a daily penalty of $5 000. (2) A person must not in a supply area or part of a supply area sell to small use customers gas transported through a distribution system except under the authority of a trading licence granted by the Authority that applies to that area or that part of that area. Penalty: $100 000 and a daily penalty of $5 000. [Section 11G inserted: No. 20 of 1999 s. 8; amended: No. 67 of 2003 Sch. 2 cl. 23.] 11H. Power to exempt (1) The Governor may by order published in the Gazette exempt any person or class of persons from all or any of the provisions of section 11G. (1a) An exemption may be expressed to apply — (a) generally; or (b) only in respect of a specified supply area or a specified part of a supply area. (1b) An order under subsection (1) may provide for circumstances in which, and conditions subject to which, an exemption is to apply. (1c) An exemption is of no effect at any time when a condition to which it is subject is not being observed. (2) The Governor must not make an order under subsection (1) unless he or she is satisfied that it would not be contrary to the public interest to do so. (3) The Governor, in determining whether the making of the order would not be contrary to the public interest, may take into account one or more of the following matters — (a) environmental considerations; (b) social welfare and equity considerations, including community service obligations; (c) economic and regional development, including employment and investment growth; (d) the interests of gas customers generally or of a class of gas customers; (e) the interests of any licensee, or applicant for a licence, in respect of the supply area or part of a supply area to which the order, if made, would apply; (f) the importance of competition in gas industry markets; (fa) the policy objectives of government in relation to the supply of gas; (g) any other matter that he or she considers relevant. (4) Section 43(4) and (7) to (9) of the Interpretation Act 1984 apply to an order under subsection (1) as if the order were subsidiary legislation. [Section 11H inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 4; No. 67 of 2003 Sch. 2 cl. 14.] 11I. Transitional provision (1) This section applies to every person (an existing operator) that immediately before the commencement of an order under section 11A is undertaking any activity that, after that commencement, is required to be licensed under section 11G. (2) An existing operator that wishes to apply for a licence in respect of an activity referred to in subsection (1) must do so within 4 months after the commencement of the relevant order. (3) An existing operator is to be treated as if the person were the holder of the relevant licence — (a) until the expiry of 12 months after the commencement of the relevant order; or (b) until — (i) a licence of that kind is granted to the person or is refused; and (ii) in the case of a refusal, the time for an application under section 11ZH for review of the decision expires without an application being made or an application is made but is unsuccessful, whichever happens first. (4) For the purposes of paragraph (b)(ii) of subsection (3) an application is unsuccessful if it — (a) results in the refusal referred to in paragraph (b)(i) of that subsection being confirmed; or (b) is withdrawn, discontinued or dismissed. [Section 11I inserted: No. 20 of 1999 s. 8; amended: No. 55 of 2004 s. 296.] Division 4 — Licence application, grant, etc. [Heading inserted: No. 20 of 1999 s. 8.] [11J. Deleted: No. 16 of 2009 s. 63.] 11K. Authority to consider public interest (1) The Authority must not exercise a power conferred by this Division unless the Authority is satisfied that it would not be contrary to the public interest to do so. (2) The Authority, in determining whether the exercise of the power would not be contrary to the public interest, may take into account one or more of the matters referred to in section 11H(3). [Section 11K inserted: No. 20 of 1999 s. 8; amended: No. 67 of 2003 Sch. 2 cl. 15 and 23.] 11L. Application for licence (1) An application for a licence is to be — (a) made in a form approved by the Authority; and (b) accompanied by the prescribed application fee. (2) Without limiting subsection (1)(a), an applicant for a licence is to inform the Authority of — (a) the nature of the business activities undertaken or to be undertaken by the applicant in the gas industry in the State; and (b) in the case of an application for a trading licence, the methods or principles that the applicant proposes to apply in determining its prices or charges; and (c) the methods or standards that the applicant proposes to apply in supplying gas; and (d) in the case of an application for a distribution licence, the nature and extent of the construction, alteration, operation or maintenance of a distribution system undertaken or to be undertaken for the transportation of gas. (3) The applicant must also provide such other information (including information as to surveys carried out) as the Authority may require for the proper consideration of the application. [Section 11L inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 27; No. 67 of 2003 Sch. 2 cl. 23; No. 8 of 2009 s. 52(2).] 11M. Terms and conditions of licence (1) A licence is subject to such terms and conditions as are determined by the Authority. (2) Without limiting subsection (1), the terms and conditions may include provisions relating to any matter provided for by Schedule 1A. [(3) deleted] (4) The terms and conditions of licences that — (a) have the same classification under section 11D(1); and (b) apply in the same supply area or part of a supply area, must be substantially similar, except to the extent that the Authority considers that — (c) it is not practicable to make them substantially similar; or (d) a difference is necessary to reflect particular supply circumstances. (5) The terms and conditions of a licence must not be inconsistent with — (a) the National Gas Access (Western Australia) Law; or (b) regulations made under section 15 of the Gas Standards Act 1972. [Section 11M inserted: No. 20 of 1999 s. 8; amended: No. 58 of 1999 s. 48; No. 53 of 2003 s. 5 and 94; No. 67 of 2003 Sch. 2 cl. 23; No. 74 of 2003 s. 50(3); No. 16 of 2009 s. 64.] 11N. Authority may grant more than one licence for supply area (1) Subject to regulations made under section 11WM, the Authority may grant in respect of a supply area or part of a supply area more than one licence of a particular classification. (2) In subsection (1) — classification means a classification referred to in section 11D(1). [Section 11N inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 63; No. 67 of 2003 Sch. 2 cl. 23.] 11O. Duration of licence A licence may be granted or renewed for such period as the Authority thinks fit, but the period cannot exceed — (a) in the case of a distribution licence, 21 years from the date of its grant or renewal; or (b) in the case of a trading licence, 10 years from the date of its grant or renewal. [Section 11O inserted: No. 20 of 1999 s. 8; amended: No. 67 of 2003 Sch. 2 cl. 23.] 11P. Renewal of licence (1) An application for the renewal of a licence is to be — (a) made in a form approved by the Authority; and (b) accompanied by the prescribed application fee. (2) An applicant must also provide such other information as the Authority may request for the proper consideration of the application. [Section 11P inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 6; No. 67 of 2003 Sch. 2 cl. 23.] 11Q. Licence fee (1) A licensee must pay to the Authority the prescribed licence fee — (a) within one month from the day of grant or renewal of the licence; and (b) within one month from each anniversary of that day during the term of the licence. (2) Regulations made under section 26 may prescribe different licence fees for each of the classifications referred to in section 11D(1). (2a) Without limiting section 45A of the Interpretation Act 1984, the fee prescribed under subsection (1) may be determined so as to allow the recovery by the State of retail competition implementation costs. (2b) The operation of subsection (2a) extends to retail competition implementation costs that were incurred before the commencement of section 35 of the Energy Legislation Amendment Act 2003. (3) The Authority may recover any outstanding licence fee in a court of competent jurisdiction as a debt due by the licensee to the Crown. (4) In this section — retail competition implementation costs means — (a) costs incurred for the purpose of developing and implementing policies intended to bring about a competitive retail gas market; and (b) costs incurred for any other prescribed purpose, being a purpose ancillary to the purpose mentioned in paragraph (a). [Section 11Q inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 35; No. 67 of 2003 Sch. 2 cl. 23.] 11R. Transfer of licence (1) A licence cannot be transferred except with the approval of the Authority. (2) Approval for the purposes of subsection (1) may be given on such terms and conditions as are determined by the Authority. (3) An application for approval to transfer a licence is to be — (a) made in a form approved by the Authority; and (b) accompanied by the prescribed application fee. (4) An applicant must also provide such other information as the Authority may request for the proper consideration of the application. [Section 11R inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 7; No. 67 of 2003 Sch. 2 cl. 23.] 11S. Decisions as to grant, renewal or transfer (1) Subject to section 11K, the Authority must grant, renew or approve the transfer of a licence if the Authority is satisfied that the applicant — (a) has, and is likely to retain; or (b) will acquire within a reasonable time after the grant, renewal or transfer, and is then likely to retain, the financial and technical resources to undertake the activities authorised, or to be authorised, by the licence. (2) The Authority must take all reasonable steps to make a decision in respect of an application for — (a) the grant or renewal of a licence; or (b) approval to transfer a licence, within 90 days after the application is made. (3) The duties imposed on the Authority by subsections (1) and (2) apply only if — (a) an application has been made in accordance with section 11L, 11P or 11R, as the case may be; (b) section 11WE or 11ZQG does not prohibit the grant or renewal of the licence or the approval of the transfer; and (c) where a requirement has been made under section 11L(3), 11P(2) or 11R(4), the relevant information has been provided to the Authority. [Section 11S inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 8; No. 67 of 2003 Sch. 2 cl. 16 and 23.] 11T. Notice of decisions (1) The Authority must ensure that notice of the grant, renewal or transfer of a licence is published in the Gazette as soon as is practicable after the grant, renewal or transfer. (2) The notice is to include — (a) the date of the grant, renewal or transfer; (b) the name and business address of the licensee; (c) the term of the licence; (d) the supply area or areas, or the part or parts of a supply area, to which the licence applies; and (e) the place where a copy of the licence and any plan may be inspected under section 11U. (3) The Authority must ensure that written notice of a decision to refuse to grant, renew, or approve the transfer of, a licence, together with a statement of the reasons for the decision, is given to the applicant within 14 days after the decision is made. [Section 11T inserted: No. 20 of 1999 s. 8; amended: No. 67 of 2003 Sch. 2 cl. 23.] 11U. Licences to be available for inspection The Authority is to make available at its office for inspection by members of the public during normal office hours — (a) a copy of every licence, as in force from time to time; and (b) if any supply area or part of a supply area to which a licence applies is specified by reference to a plan, a copy of the plan. [Section 11U inserted: No. 20 of 1999 s. 8; amended: No. 67 of 2003 Sch. 2 cl. 17 and 23.] 11V. Other laws not affected (1) The grant, renewal or transfer of a licence does not affect the licensee's obligations to comply with any other written law in relation to the matters covered by the licence. (2) A licence does not have effect to the extent that it would be inconsistent with the National Gas Access (Western Australia) Law. [Section 11V inserted: No. 20 of 1999 s. 8; amended: No. 16 of 2009 s. 65.] 11VA. Amendment of licence on application of licensee (1) A licensee may apply to the Authority at any time for amendment of the licence. (2) An application — (a) is to be made in a form approved by the Authority; and (b) is to be accompanied by the prescribed application fee. (3) The applicant must also provide such other information as the Authority may require for the proper consideration of the application. (4) The Authority may grant the application if — (a) it has been made in accordance with subsection (2); and (b) where a requirement has been made under subsection (3), the relevant information has been provided to the Authority. (5) Regulations made under section 26 may require the Authority, before it makes a decision on an application under this section, to undertake public consultation in accordance with the procedure specified in the regulations. [Section 11VA inserted: No. 53 of 2003 s. 9.] 11W. Amendment of licence (1) The Authority may, on its own initiative, determine that a licence is to be amended. (2) A licence must specify the procedure to be followed in making such a determination, including the manner in which an amendment is to be notified to the licensee, and the determination may only be made in accordance with that procedure. (3) An amendment cannot take effect until it is notified to the licensee under the procedure referred to in subsection (2). (4) If a licence is amended under this section the Authority must ensure that notice is published in the Gazette indicating the nature of the amendment and the place where a copy of the licence may be inspected under section 11U. (5) This section applies to the substitution of a new licence for an existing licence in the same way as it applies to the amendment of a licence. [Section 11W inserted: No. 20 of 1999 s. 8; amended: No. 53 of 2003 s. 10; No. 67 of 2003 Sch. 2 cl. 23.] 11WA. Regulations about public consultation Regulations made under section 26 may require the Authority, before it makes a decision on any application for the grant, renewal or transfer of a licence under this Division, to undertake public consultation in accordance with the procedure specified in the regulations. [Section 11WA inserted: No. 67 of 2003 Sch. 2 cl. 18.] Division 4A — Supply contracts for small use customers [Heading inserted: No. 53 of 2003 s. 28.] Subdivision 1 — Preliminary [Heading inserted: No. 53 of 2003 s. 28.] 11WB. Terms used In this Division, unless the contrary intention appears — customer means a small use customer; non‑standard contract means a contract entered into between a licensee and a customer, or a class of customers, that is not a standard form contract; standard form contract means a contract that is approved under section 11WF. [Section 11WB inserted: No. 53 of 2003 s. 28.] Subdivision 2 — Requirements for supply contracts [Heading inserted: No. 53 of 2003 s. 28.] 11WC. Regulations as to supply contracts (1) The regulations may provide for and in relation to — (a) the terms, conditions and provisions of — (i) a standard form contract; and (ii) a non‑standard contract, under which the holder of a trading licence supplies gas to customers; (b) the right of a customer at his or her discretion to rescind a contract during a specified period after it is entered into (a cooling‑off period); (c) the supply of gas, and payment for gas supplied, during a cooling‑off period; (d) the format of, and manner of expression to be used in, a contract referred to in paragraph (a); and (e) the provision of information about contracts by the holder of a trading licence to customers. (2) The regulations may provide — (a) for and in relation to the standards of service that the holder of a trading licence is to provide to customers in connection with the supply of gas; and (b) for the inclusion in contracts referred to in subsection (1)(a) of requirements that the licensee comply with any such standard. (3) The regulations may apply, adopt or incorporate any provision of a code or a standard that is contained in another document, and may do so — (a) with or without modification; or (b) as the provision is in force — (i) at the time when the regulations are made; or (ii) from time to time. [Section 11WC inserted: No. 53 of 2003 s. 28.] 11WD. Form of contract to be submitted with application for grant, renewal or transfer (1) An applicant for the grant or renewal of a trading licence must submit with the application a draft of the standard form contract under which the applicant will supply gas to customers pursuant to the licence. (2) Where an application is made under section 11R for the transfer of a trading licence to be approved, the proposed transferee must submit with the application a draft of the standard form contract under which the proposed transferee will supply gas to customers pursuant to the licence if the transfer is approved. [Section 11WD inserted: No. 53 of 2003 s. 28.] 11WE. Licence application not to be granted unless standard form contract approved Despite section 11S, the Authority is not to grant or renew, or approve a transfer of, a trading licence unless — (a) the applicant or the proposed transferee has submitted a draft form of contract as required by section 11WD; and (b) the Authority has approved the standard form contract under which the applicant or proposed transferee will supply gas to customers pursuant to the licence. [Section 11WE inserted: No. 53 of 2003 s. 28.] 11WF. Approval of standard form contract (1) Subject to subsection (2), the Authority may at its discretion approve or refuse to approve a standard form contract submitted under section 11WD. (2) The Authority is not to give an approval if it considers that the standard form contract — (a) will not meet the requirements of the regulations in respect of such contracts; or (b) will be inconsistent with — (i) this Act or any other written law; or (ii) any term, condition or provision of the licence concerned. [Section 11WF inserted: No. 53 of 2003 s. 28.] 11WG. Licence conditions (1) It is a condition of every trading licence that, subject to any exception provided for in the regulations, the licensee must not supply gas to a customer otherwise than under — (a) a standard form contract in a form that has been approved under this Division; or (b) a non‑standard contract that complies with this Act. (2) It is also a condition of every trading licence that the licensee must comply with a direction given to the licensee under section 11WI. (3) For the purposes of subsection (1)(b), a non‑standard contract complies with this Act if it — (a) meets the requirements of the regulations in respect of such contracts; and (b) is not inconsistent with — (i) this Act or any other written law; or (ii) any term, condition or provision of the licence concerned. [Section 11WG inserted: No. 53 of 2003 s. 28.] 11WH. Amendment or replacement of standard form contract (1) The holder of a trading licence may submit to the Authority for approval — (a) any amendment to the standard form contract approved under this Subdivision; or (b) a replacement for the standard form contract so approved. (2) Section 11WF applies to an amendment or a replacement submitted under subsection (1) in the same way as it applied to the standard form contract or the original standard form contract. [Section 11WH inserted: No. 53 of 2003 s. 28.] 11WI. Authority may direct that amendment be made (1) This section applies if, in the opinion of the Authority, a standard form contract approved under this Subdivision — (a) no longer meets the requirements of the regulations in respect of such contracts; or (b) is no longer consistent with — (i) this Act or any other written law; or (ii) any term, condition or provision of the licence concerned. (2) The Authority may direct the holder of the trading licence concerned — (a) to submit an appropriate amendment to the form of contract to the Authority for approval under section 11WH(1); and (b) to do so within a specified period. (3) In subsection (2)(a) — appropriate amendment means an amendment — (a) specified by the Authority; or (b) otherwise determined by the Authority to be suitable for approval. [Section 11WI inserted: No. 53 of 2003 s. 28.] Subdivision 3 — Default supplier [Heading inserted: No. 53 of 2003 s. 28.] 11WJ. Terms used In this Subdivision — delivery point means a point on a pipeline in a distribution system at which gas is withdrawn from that system and delivered to the holder of a trading licence; retail market rules and retail market scheme have the same meanings as they have in section 11ZOA. [Section 11WJ inserted: No. 53 of 2003 s. 28.] 11WK. Deemed contract where customer takes gas without making arrangements (1) This section applies if a customer commences to take a supply of gas at premises without entering into a contract for that supply with the holder of a trading licence. (2) The gas is deemed to be supplied under the standard form contract of the default supplier for the delivery point in respect of those premises, as determined under the provisions mentioned in section 11WL. (3) The contract referred to in subsection (2) continues in force until — (a) it is terminated; or (b) the supply of gas to the customer at the premises by the default supplier becomes subject to a non‑standard contract with that supplier. (4) The regulations may provide that, where this section applies, any term, condition, or provision of a standard form contract — (a) does not have effect; or (b) has effect as if it had been modified as provided for in the regulations. [Section 11WK inserted: No. 53 of 2003 s. 28.] 11WL. Determination of default supplier Retail market rules are to require — (a) that a default supplier be determined in accordance with the rules for each relevant delivery point; (b) that the default supplier so determined is to be the holder of a trading licence that supplies gas at that delivery point; and (c) that a register be established and maintained, in accordance with the rules, showing the name of the default supplier for the time being determined for each delivery point. [Section 11WL inserted: No. 53 of 2003 s. 28.] Division 4B — Exclusive licences [Heading inserted: No. 53 of 2003 s. 64.] 11WM. Regulations may authorise an exclusive licence (1) The Governor may, on the recommendation of the Minister, make regulations designating — (a) one or more supply areas; or (b) any part of a supply area, as an area in respect of which an exclusive licence may be granted for a specified period. (2) The specified period (the period of exclusivity) is not to exceed 10 years. [Section 11WM inserted: No. 53 of 2003 s. 64.] 11WN. Requirements for regulations (1) The Minister may, under section 11WM, recommend the making of regulations in respect of a distribution licence or a trading licence only if he or she considers that — (a) without the grant of an exclusive licence of that kind in respect of the area during the period of exclusivity there will be no supply of gas through a distribution system, or a limited supply, in the area during that period; (b) it is not contrary to the public interest that an exclusive licence of that kind have effect in respect of the area during the period of exclusivity; and (c) the regulations will provide for an open and competitive tender process to be carried out to determine the person to whom the licence is to be granted. (2) Regulations made under section 11WM — (a) are to set out the requirements to be observed, in addition to the other provisions of this Part, before an exclusive licence may be granted; and (b) may provide for the terms and conditions of an exclusive licence in addition to those otherwise provided for by this Part. [Section 11WN inserted: No. 53 of 2003 s. 64.] 11WO. Application for and grant of licence (1) An application for an exclusive licence may only be made if the Minister has determined that he or she is satisfied that all of the requirements of the regulations to be observed before such an application may be made have been complied with. (2) Despite section 11S, an exclusive licence may only be granted by the Authority under that section if the Minister has determined that he or she is satisfied that all of the requirements of the regulations relevant to the grant of the licence have been observed. (3) A determination under subsection (1) or (2) is to be made by instrument published in the Gazette. [Section 11WO inserted: No. 53 of 2003 s. 64.] 11WP. Prohibition of further licences If — (a) an exclusive licence is granted in respect of an area in accordance with regulations made under section 11WM; and (b) the licence is not cancelled under section 11ZE or surrendered, no other person is to be granted a licence of the same kind to have effect in respect of that area during the period of exclusivity. [Section 11WP inserted: No. 53 of 2003 s. 64.] 11WQ. Trade practices exemption For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code — (a) the grant of an exclusive licence as provided by regulations made under section 11WM; and (b) conduct authorised or required by or under any such licence, are specifically authorised to the extent that the grant or conduct would otherwise contravene that Act and that Code. [Section 11WQ inserted: No. 53 of 2003 s. 64.] Division 4C — Recovery of costs [Heading inserted: No. 53 of 2003 s. 36.] 11WR. Regulations may authorise recovery of costs (1) The regulations may make provision — (a) for and in relation to the fixing of prices, fees and charges by the holder of a distribution licence to reflect costs to which this section applies; and (b) authorising the holder of a distribution licence to recover those prices, fees and charges from the holders of trading licences or any class of such holders. (2) Regulations made under subsection (1) may apply to costs to which this section applies that were incurred before the commencement of section 36 of the Energy Legislation Amendment Act 2003. (3) This section applies to costs prescribed by the regulations, being costs of and incidental to the development, acquisition and implementation by the holder of a distribution licence of the information technology systems, including computer software, required for the facilitation of competition in the retail gas market. [Section 11WR inserted: No. 53 of 2003 s. 36.] Division 5 — Interruption etc. of supply [Heading inserted: No. 20 of 1999 s. 8.] 11X. Interruption etc. of supply (1) A licensee may interrupt, suspend or restrict the supply of gas provided by the licensee if in the licensee's opinion it is necessary to do so because of an accident, emergency, potential danger or other unavoidable cause. (2) A licensee is not liable for any loss or damage that arises from any such interruption, suspension or restriction except to the extent that an agreement to which the licensee is a party provides otherwise. (3) A licensee must take reasonable steps to minimise the extent or duration of any such interruption, suspension or restriction. (4) This section is in addition to — (a) the provisions of section 48 of the Energy Operators (Powers) Act 1979 that apply to a licensee by operation of section 11ZO; and (b) any contractual rights that the licensee may have to interrupt, suspend or restrict the supply of gas, and does not limit those provisions or rights. [Section 11X inserted: No. 20 of 1999 s. 8.] Division 6 — Duties included in licences [Heading inserted: No. 20 of 1999 s. 8.] 11Y. Asset management system (1) It is a condition of every distribution licence that the licensee is to — (a) provide for an asset management system in respect of the licensee's assets; (b) notify details of the system and any substantial changes to it to the Authority; and (c) not less than once in every period of 24 months (or such longer period as the Authority allows) calculated from the grant of the licence, provide the Authority with a report by an independent expert acceptable to the Authority as to the effectiveness of the system. (2) An asset management system is to set out the measures to be taken by the licensee for the proper maintenance of assets used in the supply of gas and in the operation and maintenance of, and, where relevant, the construction or alteration of, the distribution system. [Section 11Y inserted: No. 20 of 1999 s. 8; amended: No. 67 of 2003 s. 62.] 11Z. Compliance with technical standards It is a condition of every licence that the licensee is to comply with the standards prescribed under the Gas Standards Act 1972 to the extent that those standards apply to the supply of gas by the licensee. [Section 11Z inserted: No. 20 of 1999 s. 8; amended: No. 74 of 2003 s. 10(3)(b).] 11ZA. Performance audit (1) It is a condition of every licence that the licensee is to, not less than once in every period of 24 months (or such longer period as the Authority allows) calculated from the grant of the licence, provide the Authority with a performance audit conducted by an independent expert acceptable to the Authority. (2) A performance audit is an audit of the effectiveness of measures taken by the licensee to meet — (a) the standards referred to in section 11Z; and (b) performance criteria specified in the licence. (3) The Authority is to present to the Minister a report on each performance audit within 2 months after its receipt of the audit. [Section 11ZA inserted: No. 20 of 1999 s. 8; amended: No. 67 of 2003 Sch. 2 cl. 19 and 23.] Division 6A — Last resort supply arrangements [Heading inserted: No. 53 of 2004 s. 37.] 11ZAA. Terms used In this Division, unless the contrary intention appears — last resort supply plan means a plan that meets the requirements of section 11ZAC; supplier of last resort has the meaning given by section 11ZAC(1); supply area includes a part of a supply area. [Section 11ZAA inserted: No. 53 of 2003 s. 37.] 11ZAB. Authority to ensure supply plan in place The Authority is to ensure that, for each supply area in which there are small use customers, there is at all times a last resort supply plan that has been approved or determined by the Authority under section 11ZAG. [Section 11ZAB inserted: No. 53 of 2003 s. 37.] 11ZAC. Requirements for last resort supply plan (1) A last resort supply plan for a supply area is one that deals with the supply of gas to small use customers in the area by the holder of a trading licence (a supplier of last resort) if the plan comes into operation under section 11ZAD. (2) A last resort supply plan must set out the arrangements, and make the provisions, that are necessary for the supply of gas as mentioned in subsection (1). (3) A last resort supply plan must — (a) make provision for any matter or circumstance that is prescribed; and (b) otherwise comply with the regulations. (4) A last resort supply plan is of no effect to the extent that it is inconsistent with — (a) this Act or another written law; or (b) an access arrangement under the National Gas Access (Western Australia) Law. [Section 11ZAC inserted: No. 53 of 2003 s. 37; amended: No. 16 of 2009 s. 66.] 11ZAD. How plan brought into operation (1) The Authority may, by order published in the Gazette, determine that a last resort supply plan for a supply area comes into operation on a day specified in the order. (2) An order may be made under subsection (1) only if the licence of the supplier to whose small use customers the plan applies — (a) has been cancelled under section 11ZE; (b) has expired and has not been renewed; or (c) has been surrendered. (3) An order under subsection (1) in respect of a last resort supply plan is to specify the name of the supplier to whose small use customers the plan applies. [Section 11ZAD inserted: No. 53 of 2003 s. 37.] 11ZAE. Designation of licensee as supplier of last resort (1) The Authority may, by notice in writing to the holder of a trading licence for a supply area — (a) designate the holder as the supplier of last resort for that area; or (b) cancel a designation so made. (2) The Authority is to consult with the licensee before a notice is given under subsection (1). (3) A designation of a licensee cannot be expressed to have effect for more than 2 years, but on the expiry of a designation the licensee may be re‑designated, whether once or more than once. [Section 11ZAE inserted: No. 53 of 2003 s. 37.] 11ZAF. Functions of supplier of last resort The functions of a supplier of last resort for a supply area are — (a) to prepare a draft last resort supply plan for that area and submit it to the Authority within 3 months after the supplier is designated or within such longer period as the Authority may allow; (b) to consult with the Authority with a view to obtaining approval of the draft plan; and (c) to carry out the arrangements and other provisions in the last resort supply plan approved or determined by the Authority under section 11ZAG, if the plan comes into operation under section 11ZAD. [Section 11ZAF inserted: No. 53 of 2003 s. 37.] 11ZAG. Approval or determination of plan (1) The Authority may — (a) approve a draft last resort supply plan submitted under section 11ZAF; or (b) request that it be amended and approve it in an amended form. (2) If a plan has not been approved by the Authority within a period that it considers reasonable and notifies to the supplier concerned, the Authority may determine the contents of the last resort supply plan. [Section 11ZAG inserted: No. 53 of 2003 s. 37.] 11ZAH. Amendment of plan by supplier (1) With the approval of the Authority, the supplier of last resort for a supply area may amend the last resort supply plan for that area. (2) The supplier of last resort must submit any proposed amendment to the Authority for approval. (3) If an amendment is so submitted the Authority may — (a) approve it; (b) request that it be changed and approve it in a changed form; or (c) refuse to approve it. [Section 11ZAH inserted: No. 53 of 2003 s. 37.] 11ZAI. Authority may make amendment The Authority may at any time, after consultation with the supplier of last resort for a supply area, amend the last resort supply plan for that area. [Section 11ZAI inserted: No. 53 of 2003 s. 37.] 11ZAJ. Licence condition It is a condition of every trading licence that applies in a supply area that — (a) if the licensee is designated under section 11ZAE; and (b) so long as the designation remains in force, the licensee will perform the functions of the supplier of last resort for that area, and in particular will carry out the arrangements and provisions in the last resort supply plan if it comes into operation under section 11ZAD. [Section 11ZAJ inserted: No. 53 of 2003 s. 37.] 11ZAK. Provision may be made by regulation The regulations may make provision for and in relation to — (a) the preparation and approval process for a last resort supply plan under sections 11ZAF and 11ZAG, and the amendment of a plan; (b) last resort supply arrangements under a plan, including for and in relation to — (i) the commencement of arrangements; (ii) notification to small use customers and other affected persons of matters relating to the arrangements, including — (I) the commencement of arrangements; (II) the effect of the arrangements and steps that will or may be taken; and (III) rights, powers, duties and procedures that apply under the arrangements; (iii) the identification of the small use customers affected by the commencement of arrangements and the provision of identifying information to the supplier of last resort; (iv) the transfer of small use customers to the supplier of last resort and the nature of the relationship between them; (v) the terms and conditions of supply of gas under the arrangements, including those relating to pricing and the imposition of charges; (vi) the recovery of costs by the supplier of last resort; (vii) the duration and cessation of any obligation to supply gas under the arrangements; and (viii) other rights, powers and duties of — (I) the Authority; (II) the supp