{"id":"economic-regulation-authority-electricity-networks-access-funding-regulations-2012","name":"Economic Regulation Authority (Electricity Networks Access Funding) Regulations 2012","slug":"economic-regulation-authority-electricity-networks-access-funding-regulations-2012","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174599,"registerId":"wa-economic-regulation-authority-electricity-networks-access-funding-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Economic Regulation Authority (Electricity Networks Access Funding) Regulations 2012","content":"![Crest]()Western Australia\n\nEconomic Regulation Authority Act 2003\n\nEconomic Regulation Authority (Electricity Networks Access Funding) Regulations 2012\n\nWestern Australia\n\nEconomic Regulation Authority (Electricity Networks Access Funding) Regulations 2012\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Standing charges, liability for and amount of 2\n\n5. Standing charges, assessment and payment of 3\n\n6. Specific charges, liability for and amount of 4\n\n7. ERA document, fee for 6\n\n8. Unpaid amounts, recovery of 6\n\n9. ERA’s annual report, matters to be included in 7\n\nSchedule 1 — Percentages for calculating standing charges\n\nSchedule 2 — Functions for which specific charges are payable\n\nNotes\n\nCompilation table 12\n\nDefined terms\n\n  \n\nWestern Australia\n\nEconomic Regulation Authority Act 2003\n\nEconomic Regulation Authority (Electricity Networks Access Funding) Regulations 2012\n\n##### 1. Citation\n\n\t\tThese regulations are the *Economic Regulation Authority (Electricity Networks Access Funding) Regulations 2012* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Terms used\n\n(1) If a term is given a meaning in the ENA Code, it has the same meaning in these regulations, unless the contrary intention appears in these regulations.\n\n(2) In these regulations, unless the contrary intention appears —\n\nallowed period means the period referred to in regulation 5(2) or 6(7), as the case requires, or such further period as the ERA may allow;\n\nassessment amount means the total amount payable as specified in a notice of assessment given under regulation 5(1)(b)(i);\n\ncore function costs, for a quarter, means costs that —\n\n(a) are incurred by the ERA in the quarter in connection with performing its functions under the EI Act section 112 and under the ENA Code; and\n\n(b) cannot be recovered through the imposition of specific charges under these regulations;\n\nEI Act means the *Electricity Industry Act 2004*;\n\nENA Code means the *Electricity Networks Access Code 2004* established under the EI Act section 104;\n\nERA means the Economic Regulation Authority established under the ERA Act;\n\nERA Act means the *Economic Regulation Authority Act 2003*;\n\nprescribed rate, in relation to interest on amounts not paid within an allowed period, means the interest rate that is 5 percentage points higher than —\n\n(a) the rate quoted on Reuters Screen BBSW as the Bank Bill Reference Rate (Mid Rate) for a one month bill at or about 10 a.m. (Sydney time) on the first day after the allowed period; or\n\n(b) if a rate is not quoted as described in paragraph (a) — the rate determined by the ERA having regard to comparable indices then available;\n\nquarter means the period of 3 months that begins on 1 July, 1 October, 1 January or 1 April;\n\nspecific charge means a charge payable under regulation 6;\n\nstanding charge means a charge payable under regulation 4.\n\n##### 4. Standing charges, liability for and amount of\n\n(1) If, during any period in a quarter, a network is specified in Schedule 1 and is a covered network, a charge is payable for the network for the quarter in connection with the core function costs for the quarter.\n\n(2) A charge payable under subregulation (1) for a network for a quarter must be paid by any person who is a service provider in relation to the network during the quarter.\n\n(3) The amount of the charge payable under subregulation (1) by a person for a network for a quarter is determined in accordance with this formula —\n\n![]()\n\nwhere —\n\nS is the amount of the standing charge;\n\nC is the amount of the core function costs for the quarter;\n\nP is the percentage specified in Schedule 1 for the network;\n\nDP is the number of days in the quarter during which —\n\n(a) the network is specified in Schedule 1 and is a covered network; and\n\n(b) the person is the service provider in relation to the network;\n\nDQ is the number of days in the quarter.\n\n##### 5. Standing charges, assessment and payment of\n\n(1) As soon as is practicable after the end of each quarter the ERA must —\n\n(a) assess the standing charges payable by a person for the quarter; and\n\n(b) give a notice of assessment to the person specifying —\n\n(i) the amount of each of those charges and the total amount payable; and\n\n(ii) the amount of the core function costs used in calculating those charges; and\n\n(iii) the day on which the notice of assessment was issued.\n\n(2) A person given a notice of assessment must pay the assessment amount to the ERA within 30 days after the day specified in it under subregulation (1)(b)(iii).\n\n(3) If the person does not pay the assessment amount in full within the allowed period, interest on the outstanding amount is payable to the ERA at the prescribed rate calculated daily.\n\n(4) If a person given a notice of assessment so requests, the ERA must give the person a written explanation of how the core function costs specified in the notice were calculated and reasonable details of the core functions they relate to.\n\n##### 6. Specific charges, liability for and amount of\n\n(1) If the ERA performs a function listed in Schedule 2, it may give a person who, under that Schedule, is liable to pay a specific charge for the ERA’s performance of the function a notice requiring the person to pay a charge —\n\n(a) for the ERA’s performance of the function; and\n\n(b) for anything the ERA did that was necessary or convenient to be done for or in connection with performing the function.\n\n(2) If under Schedule 2 more than one service provider is liable to pay the specific charge for the performance by the ERA of a function listed in the Schedule, the charge is to be apportioned between them as follows —\n\n(a) if each of the service providers who are liable is the service provider for a covered network, then —\n\n(i) if those covered networks are only some of the covered networks listed in Schedule 1 — each provider is liable for the proportion of the specific charge that is the same proportion as the percentage, specified in Schedule 1, for the provider’s network bears to the sum of the percentages, specified in Schedule 1, for all of the networks of which the providers are liable;\n\n(ii) otherwise — each provider is liable for the percentage, specified in Schedule 1 for the network, of the specific charge;\n\n(b) otherwise — each provider is liable for an equal share of the specific charge.\n\n(3) A notice given under subregulation (1) must specify —\n\n(a) the amount of the specific charge; and\n\n(b) the day on which the notice was issued.\n\n(4) The amount of a specific charge is to be an amount equivalent to costs described in subregulation (5) that —\n\n(a) have been incurred by the ERA; and\n\n(b) are directly attributable to the performance of the relevant function or to the doing of anything that was necessary or convenient to be done for or in connection with the performance of the relevant function.\n\n(5) For the purposes of subregulation (4), the costs are —\n\n(a) costs of consultants or contractors engaged by the ERA including accommodation costs, travel costs and equipment costs; and\n\n(b) photocopying, mailing, publishing and advertising costs; and\n\n(c) costs associated with public consultation conducted under the EI Act or the ENA Code.\n\n(6) The ERA must provide the person liable to pay a specific charge with an itemised account of the costs covered by the charge if the person so requests.\n\n(7) A person given a notice under subregulation (1) must pay the specific charge to the ERA within 30 days after the day specified in it under subregulation (3)(b).\n\n(8) If the person does not pay the specific charge in full within the allowed period, interest on the outstanding amount is payable to the ERA at the prescribed rate calculated daily.\n\n##### 7. ERA document, fee for\n\n(1) The ERA may require a person who requests a document prepared by or on behalf of the ERA in the performance of a function under the ENA Code to pay a fee for the document.\n\n(2) The fee is to be calculated by the ERA according to the costs incurred in providing the document but is not in any case to exceed $100.\n\n(3) The ERA cannot require the Coordinator of Energy or the Director of Energy Safety (referred to in the *Energy Coordination Act 1994*) to pay a fee under subregulation (1).\n\n##### 8. Unpaid amounts, recovery of\n\n(1) The ERA may recover any unpaid assessment amount or specific charge, together with any interest payable under these regulations, in a court of competent jurisdiction as a debt due to the ERA.\n\n(2) In proceedings under subregulation (1) a certificate —\n\n(a) purporting to be signed by the chairman; and\n\n(b) specifying an amount as being an assessment amount or a specific charge; and\n\n(c) specifying an amount as being interest payable under regulation 5(3) or 6(8); and\n\n(d) specifying a person as being liable to pay the specified amounts; and\n\n(e) stating that the specified amounts are unpaid,\n\nis, without proof of the appointment of the chairman or of the authenticity of the signature, sufficient evidence of the matters specified or stated.\n\n##### 9. ERA’s annual report, matters to be included in\n\nThe annual report submitted by the ERA under the *Financial Management Act 2006* section 61 must include details of the following matters in respect of the financial year to which the annual report relates —\n\n(a) the total amount of standing charges for each person;\n\n(b) the total amount of specific charges for each person.\n\nSchedule 1 — Percentages for calculating standing charges\n\n[r. 4]\n\n| **Item** | **Network** | **Percentage** |\n| --- | --- | --- |\n| 1. | The network referred to in the ENA Code s. 3.1 | 100% |\n\n\nSchedule 2 — Functions for which specific charges are payable\n\n[r. 6]\n\n| **Item** | **ERA’s functions under the ENA Code for which specific charge payable** | **Person liable to pay specific charge for ERA’s performance of the functions** |\n| --- | --- | --- |\n| 1. | Functions under Subchapters 4.1 and 4.2 and Chapter 5 in relation to a proposed access arrangement | Service provider that submits the proposed access arrangement |\n| 2. | Functions under Subchapter 4.3 and ss. 6.25 to 6.28 in relation to an access arrangement | Service provider of the covered network to which the access arrangement relates |\n| 3. | Functions under ss. 4.55 to 4.59 in relation to a covered network | Service provider of the covered network |\n| 4. | Functions under ss. 4.64 to 4.68 in relation to a covered network | Service provider of the covered network |\n| 5. | Functions under ss. 6.33 to 6.37 in relation to a covered network | Service provider of the covered network |\n| 6. | Functions under s. 6.53 in relation to a proposed modified test | Service provider who proposes the modified test |\n| 7. | Functions under ss. 6.61 to 6.63 in relation to a covered network | Service provider of the covered network |\n| 8. | Functions under Subchapter 6.3 in relation to an application by a service provider | Service provider concerned |\n| 9. | Functions under Chapter 8 in relation to price lists | Service provider that submits the price lists |\n| 10. | Functions under Chapter 9 in relation to a service provider | Service provider concerned |\n| 11. | Functions under Subchapter 10.2 in relation to an access dispute | The parties to the dispute in equal shares |\n| 12. | Functions under Subchapter 10.3 in relation to a major augmentation report | Service provider that submits the report |\n| 13. | Functions under Chapter 11 in relation to a service provider | Service provider concerned |\n| 14. | Functions under Chapter 12 in relation to proposed technical rules submitted by a service provider | Service provider concerned |\n| 15. | Functions under Chapter 12 in relation to draft technical rules for a covered network | Service provider of the covered network |\n| 16. | Functions under s. 12.26 in relation to a deadlock over the technical rules proposed or drafted for, or applying to, a network | Service provider of the network |\n| 17. | Functions under s. 12.38 in relation to notice provided by a service provider | Service provider concerned |\n| 18. | Functions under ss. 12.41 to 12.44 and 12.47 in relation to an application made under s. 12.40 | Service provider making the application |\n| 19. | Functions under ss. 12.45 to 12.47 in relation to an application made under s. 12.45 | Person making the application |\n| 20. | Functions under ss. 12.50 to 12.54 in relation to a proposal, made under s. 12.50, to amend technical rules | Service provider of the network to which the technical rules apply |\n| 21. | Functions under ss. 12.61 to 12.62 in relation to model technical rules | Service provider of each covered network to which the model technical rules apply |\n| 22. | Functions under ss. 13.6 to 13.10 in relation to an associate contract, or a deemed access contract, to which a service provider is a party | Service provider concerned |\n| 23. | Functions under ss. 13.12 to 13.28 in relation to ringfencing rules | Service provider of each network to which the ringfencing rules will or do apply |\n| 24. | Functions under ss. 13.29 to 13.32 and 13.34 to 13.36, in relation to an exemption from Chapter 13 | Service provider applying for the exemption or to which the exemption applies |\n| 25. | Functions under ss. 13.33, 13.34 and 13.35, in relation to revoking an exemption from Chapter 13 | Person applying for the revocation |\n| 26. | Functions under ss. 13.37 and 13.38 in relation to a service provider’s ringfencing compliance procedures | Service provider concerned |\n\n\nNotes\n\n1 This is a compilation of the *Economic Regulation Authority (Electricity Networks Access Funding) Regulations 2012*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Economic Regulation Authority (Electricity Networks Access Funding) Regulations 2012* | 9 Oct 2012 p. 4781‑93 | r. 1 and 2: 9 Oct 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Oct 2012 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nallowed period 3(2)\n\nassessment amount 3(2)\n\ncore function costs 3(2)\n\nEI Act 3(2)\n\nENA Code 3(2)\n\nERA 3(2)\n\nERA Act 3(2)\n\nprescribed rate 3(2)\n\nquarter 3(2)\n\nspecific charge 3(2)\n\nstanding charge 3(2)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes a funding and cost‑recovery framework for the ERA’s existing electricity network functions rather than altering the substantive scope of the ERA’s regulatory powers. It confines itself to who pays, how charges are calculated and collected, notice/payment/interest procedures, and reporting (see regs 4–9 and Schedules 1–2)."},"complexity_factors":["Formula-based standing charge that prorates quarterly core function costs by network percentage and days as set out in regulation 4(3) and Schedule 1","Detailed mapping of ERA functions to liable persons in Schedule 2, creating many function-specific liability points","Apportionment rules where multiple service providers are liable (regulation 6(2)) including proportioning by Schedule 1 percentages or equal shares","Multiple cross-references to the ENA Code and EI Act for defined terms and the substantive functions that trigger charges (regulation 3, Schedule 2)","Interest on late payments tied to a market reference (BBSW + 5 percentage points) or ERA-determined comparable index (defined term 'prescribed rate')","Administrative mechanics for assessment, 30-day payment windows, rights to itemised explanations, and court recovery with a chairman’s certificate as prima facie evidence (regs 5, 6, 8)","Cost-recovery boundaries and limits: specific charge recoverable costs defined in regulation 6(4)–(5), and a $100 cap on fees for ERA-prepared documents (reg 7)"],"plain_english_summary":"These regulations set out how the Economic Regulation Authority (ERA) recovers the cost of regulating electricity networks in Western Australia. Network service providers must pay quarterly standing charges that pro‑rata share ERA core-function costs, and may be billed specific charges when the ERA performs particular regulatory tasks; the instrument also sets notice, payment, interest, fee-cap and recovery rules."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The page containing the regulations is no longer accessible on the Western Australian legislation website."},"complexity_factors":["No legislative text was available for analysis — the source page returned a 404-style error notice","Complexity cannot be meaningfully assessed without the actual regulatory content","Score of 1 reflects the absence of content, not necessarily the simplicity of the underlying instrument"],"plain_english_summary":"The page for the Economic Regulation Authority (Electricity Networks Access Funding) Regulations 2012 is unavailable, but the instrument — from its title — sets out how the ERA’s costs for regulating electricity network access are funded. It would shape who bears the regulator’s administrative expenses (affecting the ERA, network operators, and indirectly retailers and consumers) and thus matters for electricity pricing and regulatory cost recovery. To read the text, search the Western Australian legislation site."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear tightly focused on their original purpose of establishing a cost-recovery mechanism for the ERA's electricity network access functions. The scope aligns with the enabling legislation (Economic Regulation Authority Act 2003) and does not show significant mission creep beyond funding the ERA's regulatory activities under the Electricity Networks Access Code."},"complexity_factors":["Multiple cross-references to external legislation (Electricity Industry Act 2004, Electricity Networks Access Code 2004, Economic Regulation Authority Act 2003, Financial Management Act 2006, Energy Coordination Act 1994)","Mathematical formula for calculating standing charges with multiple variables (regulation 4(3))","Nested conditional logic for apportioning specific charges between multiple service providers (regulation 6(2))","26 distinct specific charge scenarios listed in Schedule 2, each referencing specific sections of the ENA Code","Complex interest rate calculation tied to Reuters Screen BBSW rate or ERA determination (regulation 3(2) 'prescribed rate')","Defined terms section with 10 terms, some incorporating definitions from external codes by reference"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up a **user-pays funding system** for the Economic Regulation Authority (ERA) — Western Australia's independent economic regulator — specifically for its work overseeing electricity network access.\n\n**Who it affects:**\n\n*   **Electricity network service providers** (companies that own or operate power networks in WA) — they pay the bills\n*   **The ERA** — it collects the money to fund its regulatory work\n*   **Other parties** involved in access disputes or applications under the Electricity Networks Access Code\n\n**How the funding works:**\n\nThe regulations create **two types of charges**:\n\n1.  **Standing charges** — Regular quarterly fees that all covered network operators pay. These cover the ERA's \"core functions\" (day-to-day regulatory oversight) and are calculated as a percentage of the ERA's costs, split between providers based on how many days they operated the network that quarter.\n\n2.  **Specific charges** — One-off fees for particular regulatory tasks listed in Schedule 2. These include things like:\n    *   Reviewing proposed access arrangements (pricing and terms for network access)\n    *   Resolving access disputes between parties\n    *   Processing applications for exemptions from ringfencing rules (rules that separate network businesses from retail businesses)\n    *   Approving technical rules and price lists\n\n**Key details:**\n\n*   **Payment terms:** 30 days to pay after receiving an assessment notice\n*   **Late payment:** Interest applies at a rate tied to the bank bill rate plus 5%\n*   **Document fees:** The ERA can charge up to $100 for providing documents (but not to government energy officials)\n*   **Transparency:** The ERA must provide itemised accounts if requested and explain how costs were calculated\n*   **Enforcement:** Unpaid amounts can be recovered as debts in court, with the ERA chairman's certificate serving as proof\n\n**Why it matters:**\n\nThis ensures electricity network companies — rather than taxpayers — bear the cost of regulating their industry. It creates a direct financial link between the regulatory services used and who pays for them, while giving the ERA predictable funding for its oversight role."}},"importantCases":[],"_links":{"self":"/api/acts/economic-regulation-authority-electricity-networks-access-funding-regulations-2012","history":"/api/acts/economic-regulation-authority-electricity-networks-access-funding-regulations-2012/history","analysis":"/api/acts/economic-regulation-authority-electricity-networks-access-funding-regulations-2012/analysis","conflicts":"/api/acts/economic-regulation-authority-electricity-networks-access-funding-regulations-2012/conflicts","importantCases":"/api/acts/economic-regulation-authority-electricity-networks-access-funding-regulations-2012/important-cases","documents":"/api/acts/economic-regulation-authority-electricity-networks-access-funding-regulations-2012/documents"}}