{"id":"electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013","name":"Electricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013","slug":"electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174656,"registerId":"wa-electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013","content":"![Crest]()Western Australia\n\nElectricity Corporations Act 2005\n\nElectricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013\n\nWestern Australia\n\nElectricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. New contestable customer arrangement 5\n\nPart 2 — Segregation\n\nDivision 1 — Segmentation of EGRC operations\n\n5. Division of EGRC operations into segments 6\n\nDivision 3 — Other segregation obligations\n\n13. Disclosure of retail restricted information 7\n\n14. Information technology access controls 7\n\n15. Training 7\n\n16. Separate work areas 8\n\n17. Separation of management roles 8\n\nDivision 4 — Segregation arrangements\n\n18. Minister may approve arrangements 9\n\n19. Commencement of segregation arrangements 9\n\n20. Amendment or repeal of segregation arrangements 10\n\nPart 3 — Wholesale acquisition or supply of electricity\n\nDivision 1 — Wholesaling obligations\n\n22. EGRC not to discriminate between retail business unit and competitors when offering wholesale supply 11\n\n23. Policy for determining terms and conditions for wholesale supply of electricity 11\n\n24. Requests for wholesale supply of electricity 12\n\n25. Records 13\n\nDivision 2 — Wholesale arrangements\n\n26. Minister may approve arrangements 13\n\n27. Commencement of wholesale arrangements 14\n\n28. Amendment or repeal of wholesale arrangements 14\n\nPart 4 — Audit\n\n29. Audit by Authority: compliance with Pt. 3 Div. 1 and wholesale arrangements 15\n\n30. Audit by Auditor General: compliance with Pt. 2 Div. 1 and 3 and segregation arrangements 15\n\nPart 5 — Enforcement\n\nDivision 1 — Investigation\n\n33. Authority has investigative role 17\n\nDivision 2 — Imposition of civil penalties\n\n34. Civil penalty provisions and penalty amounts 17\n\n35. Daily amounts 17\n\n36. Requirement for investigation 18\n\n37. Warning notice 18\n\n38. Authority may impose civil penalty 18\n\n39. Board may order payment 19\n\n40. Enforcement of order of Board 20\n\n41. Civil penalties to be credited to Consolidated Account 20\n\nDivision 3 — Review of civil penalty decisions\n\n42. Review by Board 21\n\n43. Application for review 21\n\n44. Procedure on review 22\n\nDivision 4 — Proceedings\n\n45. Proceedings before Board 22\n\nPart 6 — Miscellaneous\n\n46. Retention of records and documents 23\n\n47. Exemption 23\n\n48. Review of EGRC regulatory scheme 24\n\n49. Deletion of commercially sensitive matters from Authority’s report 24\n\nSchedule 1 — Civil penalty provisions\n\nNotes\n\nCompilation table 26\n\nDefined terms\n\n  \n\nWestern Australia\n\nElectricity Corporations Act 2005\n\nElectricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Electricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Electricity Corporations Amendment Act 2013* section 6 comes into operation.\n\n##### 3. Terms used\n\nIn these regulations, unless the contrary intention appears —\n\naudit has the meaning given in the *Auditor General Act 2006* section 4(1);\n\nAuthority means the Economic Regulation Authority;\n\nBoard means the Western Australian Electricity Review Board established by the *Energy Arbitration and Review Act 1998* section 50(1);\n\ncivil penalty decision means a decision of the Authority under regulation 38(1) to impose a civil penalty;\n\ncivil penalty provision means a provision specified in Schedule 1;\n\ncontestable customer means a customer other than a customer of a class prescribed under section 54(4) of the Act for the purposes of section 54(2) of the Act;\n\ncustomer has the meaning given in the *Electricity Industry Act 2004* section 3;\n\nEGRC means the Electricity Generation and Retail Corporation;\n\nEGRC business unit means —\n\n(a) the generation business unit; or\n\n(b) the wholesale business unit; or\n\n(c) the retail business unit; or\n\n(d) the part of the EGRC that conducts the operations constituting any additional segment approved under regulation 5(2);\n\nEGRC regulatory scheme means the following —\n\n(a) these regulations;\n\n(b) segregation arrangements;\n\n(c) wholesale arrangements;\n\ngeneration business has the meaning given in regulation 5(1)(a);\n\ngeneration business unit means the part of the EGRC that conducts the generation business;\n\ngeneration competitor means a person, other than the EGRC, who is, or is likely to be, required to hold a generation licence (as defined in the *Electricity Industry Act 2004* section 3) or is exempt under section 8 of that Act from the requirement to hold such a licence;\n\ngeneration operations means operations involving the construction or operation of generating works (as defined in the *Electricity Industry Act 2004* section 3);\n\nnew contestable customer arrangement has the meaning given in regulation 4;\n\nretail business has the meaning given in regulation 5(1)(c);\n\nretail business unit means the part of the EGRC that conducts the retail business;\n\nretail competitor means a person, other than the EGRC, who is, or is likely to be, required to hold a retail licence (as defined in the *Electricity Industry Act 2004* section 3) or is exempt under section 8 of that Act from the requirement to hold such a licence;\n\nretail operations means operations involving the pricing, sale and marketing of electricity to customers served by the South West interconnected system;\n\nretail restricted information means information relating to a retail competitor that —\n\n(a) is obtained by or provided to wholesale staff in the course of the conduct of the wholesale business; and\n\n(b) might reasonably be expected to materially adversely affect the commercial interests of the retail competitor if disclosed to retail staff;\n\nretail staff means staff, other than shared services staff, who are involved in the conduct of the retail business;\n\nsegregation arrangements means arrangements approved under regulation 18(1) as in force from time to time;\n\nshared services operations means —\n\n(a) operations relating to the following —\n\n(i) corporate planning and strategy;\n\n(ii) organisational development;\n\n(iii) accounting, financial and legal matters;\n\n(iv) human resources;\n\n(v) information technology support;\n\n(vi) regulatory and compliance matters;\n\n(vii) communications;\n\n(viii) billing;\n\n(ix) record keeping;\n\nand\n\n(b) any other operations (excluding generation operations, wholesale operations and retail operations) undertaken in connection with 2 or more EGRC business units;\n\nshared services staff means staff involved in the conduct of shared services operations;\n\nstaff means members of staff of the EGRC, agents of the EGRC or persons engaged by the EGRC under contracts for services;\n\nwholesale arrangements means arrangements approved under regulation 26(1) as in force from time to time;\n\nwholesale business has the meaning given in regulation 5(1)(b);\n\nwholesale business unit means the part of the EGRC that conducts the wholesale business;\n\nwholesale operations means —\n\n(a) operations involving the wholesale acquisition or supply of electricity (including pricing in respect of such acquisition or supply); or\n\n(b) operations involving the acquisition or supply of wholesale products (including pricing in respect of such acquisition or supply);\n\nwholesale products has the meaning given in section 38(1)(b) of the Act;\n\nwholesale staff means staff, other than shared services staff, who are involved in the conduct of the wholesale business.\n\n[Regulation 3 amended: SL 2023/98 r. 4; SL 2024/160 r. 4.]\n\n##### 4. New contestable customer arrangement\n\n(1) For the purposes of these regulations, a new contestable customer arrangement is an arrangement between the EGRC and a contestable customer that —\n\n(a) imposes a legal obligation on the EGRC to supply electricity to the contestable customer on a retail basis; and\n\n(b) becomes legally binding on the EGRC after 31 December 2013.\n\n(2) Despite subregulation (1), an arrangement is not a new contestable customer arrangement if —\n\n(a) the arrangement becomes legally binding on the EGRC after 31 December 2013 as a result of the contestable customer accepting, on or before 31 March 2014 and without amendment, an offer for the retail supply of electricity that was made by the EGRC to the contestable customer before 1 January 2014; or\n\n(b) the arrangement is for the supply of electricity to the contestable customer at a charge determined in accordance with the *Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006*.\n\n(3) If an arrangement for the retail supply of electricity is legally binding on the EGRC on 1 January 2014, but is varied by agreement after 31 December 2013, subregulation (1)(b) applies as if the arrangement became legally binding on the EGRC when the variation took effect.\n\n[Regulation 4 amended: SL 2024/160 r. 5.]\n\n## Part 2 — Segregation\n\n### Division 1 — Segmentation of EGRC operations\n\n##### 5. Division of EGRC operations into segments\n\n(1) The EGRC must divide its operations into the following segments —\n\n(a) a segment (the generation business) comprising —\n\n(i) generation operations; and\n\n(ii) other operations as determined by the EGRC from time to time;\n\n(b) a segment (the wholesale business) comprising —\n\n(i) wholesale operations; and\n\n(ii) other operations as determined by the EGRC from time to time;\n\n(c) a segment (the retail business) comprising —\n\n(i) retail operations; and\n\n(ii) other operations as determined by the EGRC from time to time;\n\n(d) a segment comprising shared services operations;\n\n(e) any additional segment or segments approved under subregulation (2).\n\n(2) The Minister may, by instrument published in the *Gazette*, approve one or more segments in addition to the segments referred to in subregulation (1)(a) to (d).\n\n(3) The Minister must cause a copy of an instrument under subregulation (2) to be laid before each House of Parliament within 10 sitting days of that House after the day on which the instrument is published in the *Gazette*.\n\n(4) The EGRC must keep a record of the details of the segments required under subregulation (1) and of any changes to those segments.\n\n[Regulation 5 amended: SL 2023/98 r. 5.]\n\n[Division 2 deleted: SL 2024/160 r. 6.]\n\n### Division 3 — Other segregation obligations\n\n##### 13. Disclosure of retail restricted information\n\n(1) The EGRC must ensure that retail restricted information is not disclosed to retail staff.\n\n(2) The EGRC is not required to comply with subregulation (1) if —\n\n(a) the retail restricted information is publicly available at the time the disclosure is made; or\n\n(b) the disclosure of the retail restricted information is required by law.\n\n[Regulation 13 amended: SL 2024/160 r. 7.]\n\n##### 14. Information technology access controls\n\nThe EGRC must develop, implement and maintain controls to limit access to its information technology systems for the purpose of ensuring compliance with regulation 13(1).\n\n##### 15. Training\n\n(1) The EGRC must develop, implement and maintain appropriate policies, procedures and systems for the purpose of ensuring that staff who receive or have access to retail restricted information are made aware of the obligations imposed on the EGRC under this Division and complete training in relation to those obligations.\n\n(2) The EGRC must ensure that training referred to in subregulation (1) is conducted at least once each year.\n\n(3) The EGRC must keep a record of staff who have completed training referred to in subregulation (1).\n\n[Regulation 15 amended: SL 2024/160 r. 8.]\n\n##### 16. Separate work areas\n\n(1) The EGRC must ensure that wholesale staff who have access to retail restricted information occupy work areas that are separate from work areas occupied by retail staff.\n\n(2) For the purposes of subregulation (1), work areas are separate from work areas occupied by retail staff if the work areas are protected by controls that prevent retail staff from entering them.\n\n[Regulation 16 amended: SL 2024/160 r. 9.]\n\n##### 17. Separation of management roles\n\n(1) This regulation does not apply to shared services staff.\n\n(2) The EGRC must ensure that —\n\n(a) a member of staff who has management responsibility for the generation business does not have management responsibility for the wholesale business or the retail business; and\n\n(b) a member of staff who has management responsibility for the wholesale business does not have management responsibility for the generation business or the retail business; and\n\n(c) a member of staff who has management responsibility for the retail business does not have management responsibility for the generation business or the wholesale business.\n\n(3) For the purposes of subregulation (2), a member of staff has management responsibility for the generation business, wholesale business or retail business if the member of staff has authority to make decisions about the day‑to‑day management and operation of the business.\n\n[Regulation 17 amended: SL 2024/160 r. 10.]\n\n### Division 4 — Segregation arrangements\n\n##### 18. Minister may approve arrangements\n\n(1) The Minister may approve arrangements providing for and in relation to the segregation of the wholesale business, the generation business, the retail business and any additional segment approved under regulation 5(2).\n\n(2) Before approving arrangements under subregulation (1), the Minister must consult with the EGRC.\n\n(3) Segregation arrangements must be published in the *Gazette*.\n\n(4) The Minister must cause a copy of segregation arrangements to be laid before each House of Parliament within 10 sitting days of that House after the day on which the arrangements are published in the *Gazette*.\n\n##### 19. Commencement of segregation arrangements\n\n(1) In this regulation —\n\nsegregation arrangements includes an instrument made under regulation 20.\n\n(2) Segregation arrangements commence at a time fixed —\n\n(a) by the segregation arrangements; or\n\n(b) in a manner provided for by the segregation arrangements.\n\n(3) Different commencement times may be fixed under subregulation (2)(a) for different provisions of segregation arrangements.\n\n(4) Different commencement times may be fixed under subregulation (2)(b) for different provisions of segregation arrangements unless those segregation arrangements provide otherwise.\n\n##### 20. Amendment or repeal of segregation arrangements\n\n(1) The Minister may, by instrument published in the *Gazette*, amend or repeal segregation arrangements.\n\n(2) The Minister must cause a copy of an instrument under subregulation (1) to be laid before each House of Parliament within 10 sitting days of that House after the day on which the instrument is published in the *Gazette*.\n\n## Part 3 — Wholesale acquisition or supply of electricity\n\n### Division 1 — Wholesaling obligations\n\n[**21**. Deleted: SL 2024/160 r. 11.]\n\n##### 22. EGRC not to discriminate between retail business unit and competitors when offering wholesale supply\n\nThe EGRC must ensure that the financial interests of the retail business unit are not taken into account in determining the terms and conditions on which a wholesale supply of electricity is offered to retail competitors or generation competitors.\n\n[Regulation 22 inserted: SL 2024/160 r. 12.]\n\n##### 23. Policy for determining terms and conditions for wholesale supply of electricity\n\n(1) The EGRC must prepare and maintain a written policy setting out standard processes to be followed in offering a wholesale supply of electricity to the retail business unit, a retail competitor or a generation competitor, including processes for —\n\n(a) assessing the ability of the retail business unit, retail competitor or generation competitor to make payments for the wholesale supply of electricity; and\n\n(b) determining the terms and conditions on which the wholesale supply of electricity is to be offered, taking into account that assessed ability.\n\n(2) The EGRC must ensure that the standard processes set out in the policy are not, having regard to all relevant circumstances, more favourable to the retail business unit than to a retail competitor or a generation competitor.\n\n(3) The EGRC must comply with the policy.\n\n(4) For the purposes of assessing the ability of the retail business unit to make payments for the wholesale supply of electricity, the financial position of the retail business unit is to be taken to be the financial position of the EGRC.\n\n(5) The EGRC must —\n\n(a) give a copy of the policy, and any revision of the policy, to the Minister; and\n\n(b) ensure that a copy of the policy, as revised from time to time, is published on its website.\n\n(6) The EGRC may remove from the copy of the policy published under subregulation (5)(b) any information it considers is of a commercially sensitive nature.\n\n##### 24. Requests for wholesale supply of electricity\n\n(1) The EGRC must, as soon as practicable after receiving a request for a wholesale supply of electricity to the retail business unit, a retail competitor or a generation competitor, respond in writing to the request.\n\n(2) The EGRC must prepare and maintain a written policy setting out standard processes to be followed in responding to requests for a wholesale supply of electricity to the retail business unit, a retail competitor or a generation competitor.\n\n(3) The EGRC must ensure that the standard processes set out in the policy are not, having regard to all relevant circumstances, more favourable to the retail business unit than to a retail competitor or a generation competitor.\n\n(4) The EGRC must comply with the policy.\n\n(5) The EGRC must —\n\n(a) give a copy of the policy, and any revision of the policy, to the Minister; and\n\n(b) ensure that a copy of the policy, as revised from time to time, is published on its website.\n\n(6) The EGRC may remove from the copy of the policy published under subregulation (5)(b) any information it considers is of a commercially sensitive nature.\n\n##### 25. Records\n\nThe EGRC must keep records of the following —\n\n(a) each assessment of the ability of the retail business unit, a retail competitor or a generation competitor to make payments that is carried out under the policy referred to in regulation 23(1);\n\n(b) each request by the retail business unit, a retail competitor or a generation competitor for a wholesale supply of electricity, the response given to the request, and the documents or other material relied upon in giving the response;\n\n(c) the EGRC’s ability to offer a wholesale supply of electricity at the time each request referred to in paragraph (b) is made, taking into account any contracts, agreements or other arrangements entered into by the EGRC in relation to such supply.\n\n### Division 2 — Wholesale arrangements\n\n##### 26. Minister may approve arrangements\n\n(1) The Minister may approve arrangements providing for and in relation to —\n\n(a) the wholesale acquisition or supply of electricity by the EGRC; and\n\n(b) the acquisition or supply by the EGRC of wholesale products.\n\n(2) Wholesale arrangements must be published in the *Gazette*.\n\n(3) The Minister must cause a copy of wholesale arrangements to be laid before each House of Parliament within 10 sitting days of that House after the day on which the arrangements are published in the *Gazette*.\n\n##### 27. Commencement of wholesale arrangements\n\n(1) In this regulation —\n\nwholesale arrangements includes an instrument made under regulation 28.\n\n(2) Wholesale arrangements commence at a time fixed —\n\n(a) by the wholesale arrangements; or\n\n(b) in a manner provided for by the wholesale arrangements.\n\n(3) Different commencement times may be fixed under subregulation (2)(a) for different provisions of wholesale arrangements.\n\n(4) Different commencement times may be fixed under subregulation (2)(b) for different provisions of wholesale arrangements unless those wholesale arrangements provide otherwise.\n\n##### 28. Amendment or repeal of wholesale arrangements\n\n(1) The Minister may, by instrument published in the *Gazette*, amend or repeal wholesale arrangements.\n\n(2) The Minister must cause a copy of an instrument under subregulation (1) to be laid before each House of Parliament within 10 sitting days of that House after the day on which the instrument is published in the *Gazette*.\n\n## Part 4 — Audit\n\n##### 29. Audit by Authority: compliance with Pt. 3 Div. 1 and wholesale arrangements\n\n(1) As soon as practicable after the end of each financial year, the Authority must conduct an audit of the EGRC’s operations in the financial year for the purposes of examining the EGRC’s compliance with Part 3 Division 1 and wholesale arrangements.\n\n(2) Despite subregulation (1), the Authority may extend the period in relation to which an audit is conducted.\n\n(3) The Authority must form an opinion about whether the EGRC has complied with Part 3 Division 1 and wholesale arrangements.\n\n(4) The Authority must give the Minister a report on each audit conducted under this regulation, including the following information —\n\n(a) the opinion formed by the Authority under subregulation (3);\n\n(b) details of the EGRC’s failure, if any, to comply with Part 3 Division 1 and wholesale arrangements.\n\n(5) The Authority must give a copy of the report to the board of the EGRC as soon as practicable after the report is given to the Minister.\n\n(6) The Minister must cause a copy of the report to be laid before each House of Parliament within 21 sitting days of that House after the day on which the report is given to the Minister.\n\n[Regulation 29 inserted: SL 2024/160 r. 13.]\n\n##### 30. Audit by Auditor General: compliance with Pt. 2 Div. 1 and 3 and segregation arrangements\n\n(1) As soon as practicable after 31 December each year, the Auditor General must conduct an audit of the EGRC’s operations in the year for the purposes of examining the EGRC’s compliance with the following —\n\n(a) Part 2 Division 1 and segregation arrangements;\n\n(b) Part 2 Division 3.\n\n(2) For the purposes of the first audit conducted under subregulation (1)(a), the period beginning on 1 July 2023 and ending on 31 December 2024 is taken to be a year.\n\n(3) The Auditor General must form an opinion about whether the EGRC has complied with the following —\n\n(a) Part 2 Division 1 and segregation arrangements;\n\n(b) Part 2 Division 3.\n\n(4) The Auditor General must give the Minister a report on each audit conducted under this regulation, including the following information —\n\n(a) the opinion formed by the Auditor General under subregulation (3);\n\n(b) details of the EGRC’s failure, if any, to comply with Part 2 Division 1 or 3 or segregation arrangements.\n\n(5) The Auditor General must —\n\n(a) give a copy of the report to the board of the EGRC and to the Authority as soon as practicable after the report is given to the Minister; and\n\n(b) cause a copy of the report to be laid before each House of Parliament within 21 sitting days of that House after the day on which the report is given to the Minister.\n\n[Regulation 30 inserted: SL 2024/160 r. 13.]\n\n[**31.** Deleted: SL 2024/160 r. 13.]\n\n[**32.** Deleted: Gazette 3 Jun 2014 p. 1742.]\n\n## Part 5 — Enforcement\n\n### Division 1 — Investigation\n\n##### 33. Authority has investigative role\n\nIf the Auditor General or the Authority has formed an opinion, as detailed in a report under Part 4, that the EGRC has not complied with one or more provisions of the EGRC regulatory scheme, it is a function of the Authority to investigate the matter.\n\n[Regulation 33 amended: SL 2024/160 r. 14.]\n\n### Division 2 — Imposition of civil penalties\n\n##### 34. Civil penalty provisions and penalty amounts\n\n(1) The provisions of the regulations specified in Schedule 1 are civil penalty provisions for the purposes of these regulations.\n\n(2) The maximum amount that the Authority may impose on the EGRC for a contravention of a civil penalty provision is —\n\n(a) an amount of $100 000; and\n\n(b) in addition, a daily amount of $20 000.\n\n##### 35. Daily amounts\n\n(1) A daily amount is an amount for each day or part of a day that a contravention of a civil penalty provision continues after the day, specified in a warning notice given to the EGRC under regulation 37, by which the contravention was to be rectified.\n\n(2) For the purposes of subregulation (1), if the contravention consists of a failure to do something required to be done, the contravention is to be regarded as continuing until the act is done, despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.\n\n##### 36. Requirement for investigation\n\nThe Authority cannot give the EGRC a warning notice under regulation 37 or a notice under regulation 38 unless the Authority has conducted an investigation under regulation 33 in respect of the matter to which the notice relates.\n\n##### 37. Warning notice\n\n(1) If the Authority considers that the EGRC has contravened a civil penalty provision, the Authority may give the EGRC a notice (a warning notice).\n\n(2) The warning notice must —\n\n(a) identify the civil penalty provision that the Authority considers the EGRC has contravened; and\n\n(b) provide details of the contravention, including the act or omission that the Authority considers constitutes the contravention; and\n\n(c) request an explanation; and\n\n(d) request that the contravention be rectified and specify a day by which it must be rectified.\n\n##### 38. Authority may impose civil penalty\n\n(1) If the Authority considers that the EGRC has contravened a civil penalty provision, the Authority may, by notice in accordance with subregulation (2), impose on the EGRC a civil penalty of an amount that does not exceed the maximum amount prescribed in regulation 34(2).\n\n(2) The notice must —\n\n(a) be in writing given to the EGRC; and\n\n(b) state that it is given under this regulation; and\n\n(c) specify the civil penalty provision that the Authority considers the EGRC has contravened; and\n\n(d) provide details of the contravention, including the act or omission that the Authority considers constitutes the contravention; and\n\n(e) specify the amount of the civil penalty; and\n\n(f) inform the EGRC that the EGRC may apply to the Board for review of the Authority’s decision to impose the civil penalty; and\n\n(g) contain a statement to the effect that the Authority may apply to the Board for an order for the payment of the civil penalty if the EGRC does not, within 28 days after the day on which the notice is given —\n\n(i) pay to the Authority the amount imposed; or\n\n(ii) apply to the Board, under regulation 42, for review of the Authority’s decision to impose the civil penalty.\n\n(3) Except in the case of a civil penalty that includes a daily amount, the Authority may impose a civil penalty under subregulation (1) without first giving the EGRC a warning notice under regulation 37 in respect of the contravention to which the civil penalty relates.\n\n(4) The imposition of a civil penalty under subregulation (1) must occur within 6 years after the day on which the EGRC is considered by the Authority to have contravened the relevant civil penalty provision.\n\n(5) In determining the amount of a civil penalty, the Authority must have regard to all relevant matters, including the following —\n\n(a) the nature and extent of the contravention;\n\n(b) the circumstances in which the contravention took place.\n\n##### 39. Board may order payment\n\n(1) The Authority may apply to the Board for an order for the payment of a civil penalty specified in a notice given to the EGRC under regulation 38 if the EGRC does not, within 28 days after the day on which the notice is given —\n\n(a) pay to the Authority the amount imposed; or\n\n(b) apply to the Board, under regulation 42, for review of the Authority’s decision to impose the civil penalty.\n\n(2) An application under subregulation (1) must be made within 28 days after the end of the 28 day period referred to in that subregulation.\n\n(3) The Board may, on an application under subregulation (1), make an order that the EGRC pay the civil penalty imposed if —\n\n(a) the Authority imposed the civil penalty in accordance with regulation 38; and\n\n(b) the EGRC has not paid the civil penalty to the Authority; and\n\n(c) the EGRC has not applied to the Board, under regulation 42, for review of the Authority’s decision to impose the civil penalty.\n\n##### 40. Enforcement of order of Board\n\n(1) The Authority may enforce an order of the Board made under regulation 39(3) by lodging with the Supreme Court a certified copy of it and an affidavit stating to what extent it has not been complied with.\n\n(2) When lodged, the order is to be taken to be a judgment of the Supreme Court and may be enforced accordingly.\n\n##### 41. Civil penalties to be credited to Consolidated Account\n\nA civil penalty paid to the Authority must be credited to the Consolidated Account.\n\n### Division 3 — Review of civil penalty decisions\n\n##### 42. Review by Board\n\n(1) The EGRC may apply to the Board for the review of a civil penalty decision.\n\n(2) In proceedings on an application for review, the Board may make an order affirming, setting aside or varying (immediately or as from a specified future date) the civil penalty decision and, for the purposes of the review, may exercise the same powers as were available to the Authority when making the civil penalty decision.\n\n(3) The Board may refuse to review a civil penalty decision if it considers that the application for review is trivial or vexatious.\n\n(4) The determination by the Board on the review of a civil penalty decision has the same effect as if it were made by the Authority.\n\n##### 43. Application for review\n\n(1) An application for review of a civil penalty decision must be made within 28 days after the day on which the notice relating to the decision is given to the EGRC under regulation 38.\n\n(2) An application for review must —\n\n(a) be in writing; and\n\n(b) provide details of the civil penalty decision.\n\n(3) The Board may extend the time within which an application for review may be made and may do so even though the time has elapsed.\n\n(4) The Board must give written notice of an application for review to the Authority.\n\n##### 44. Procedure on review\n\n(1) This regulation applies to proceedings on an application for review.\n\n(2) The Board must make its determination on the review within 90 days after receiving the application for review.\n\n(3) The Board may extend, or further extend, the period referred to in subregulation (2) by a period of 30 days if it considers that the matter cannot be dealt with properly without the extension, either because of its complexity or because of other special circumstances.\n\n(4) If the Board extends the period, it must, before the end of the period, notify the EGRC of the extension and the reasons for it.\n\n(5) The Board may require the Authority to give information and other assistance, and to make reports, as specified by the Board for the purposes of the proceedings.\n\n### Division 4 — Proceedings\n\n##### 45. Proceedings before Board\n\n(1) In this regulation —\n\nproceedings means —\n\n(a) proceedings on an application for an order under regulation 39; or\n\n(b) proceedings on an application for review of a civil penalty decision under regulation 42.\n\n(2) On the application of the Authority or the EGRC, the Board may conduct proceedings in the absence of the public.\n\n(3) The Board may make such orders (if any) as to costs in respect of proceedings as it thinks fit.\n\n## Part 6 — Miscellaneous\n\n##### 46. Retention of records and documents\n\nThe EGRC must ensure that each record or document created for the purposes of these regulations is retained for at least 7 years after its creation.\n\n##### 47. Exemption\n\n(1) The Minister may, by instrument given to the EGRC, exempt the EGRC from the operation of a provision of the EGRC regulatory scheme.\n\n(2) An application for an exemption must —\n\n(a) be in writing; and\n\n(b) set out the reasons for the application; and\n\n(c) set out the exemption sought.\n\n(3) The Minister may give an exemption —\n\n(a) on different terms from those sought by the EGRC; and\n\n(b) subject to any conditions the Minister considers appropriate and specifies in the exemption.\n\n(4) The Minister may, by instrument given to the EGRC, amend or revoke an exemption.\n\n(5) If the Minister gives the EGRC an instrument under this regulation, the Minister must cause a copy of it to be laid before each House of Parliament within 14 sitting days of that House after the day on which it is given.\n\n##### 48. Review of EGRC regulatory scheme\n\n(1) By 31 December 2021 and after that, at least once in every 2 years, the Authority must —\n\n(a) carry out a review of the operation of the EGRC regulatory scheme for the purpose of assessing its effectiveness; and\n\n(b) give the Minister a report based on its review.\n\n(2) In carrying out the review the Authority must have regard to —\n\n(a) the prevailing circumstances that exist in relation to the operation of the South West interconnected system; and\n\n(b) any other matters the Authority considers relevant.\n\n[(3) deleted]\n\n(4) The Authority may include in the report any recommendations it has concerning amendment of the EGRC regulatory scheme.\n\n(5) The Minister must cause a copy of the report to be laid before each House of Parliament within 21 sitting days of that House after the day on which the Minister receives the report.\n\n[Regulation 48 amended: Gazette 13 Dec 2019 p. 4230.]\n\n##### 49. Deletion of commercially sensitive matters from Authority’s report\n\n(1) The Authority may request the Minister to delete a matter that is of a commercially sensitive nature from a copy of a report that is to be laid before a House of Parliament under regulation 48(5).\n\n(2) The Minister may, despite regulation 48(5), comply with a request under subregulation (1).\n\n(3) If the Minister complies with a request under subregulation (1) the copy of the report is to include a statement that a matter has been deleted from it under this regulation.\n\nSchedule 1 — Civil penalty provisions\n\n[r. 34(1)]\n\n| r. 5(1) and (4) | r. 11(1), (3) and (5) | r. 12(1) and (5) |\n| --- | --- | --- |\n| r. 13(1) | r. 16(1) | r. 22 |\n\n\n![]()\n\nNotes\n\nThis is a compilation of the *Electricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Electricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013* | 27 Dec 2013 p. 6487‑523 | r. 1 and 2: 27 Dec 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2014 (see. r. 2(b) and *Gazette* 27 Dec 2013 p. 6465) |\n| *Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2014* | 3 Jun 2014 p. 1742 | r. 1 and 2: 3 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 4 Jun 2014 (see r. 2(b)) |\n| *Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2019* | 13 Dec 2019 p. 4229‑30 | r. 1 and 2: 13 Dec 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 14 Dec 2019 (see r. 2(b)) |\n| *Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2023* | SL 2023/98 30 Jun 2023 | r. 1 and 2: 30 Jun 2023 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2023 (see r. 2(b)) |\n| *Government Trading Enterprises Regulations 2023* Pt. 4 Div. 1 | SL 2023/100 30 Jun 2023 | 1 Jul 2023 (see r. 2) |\n| *Electricity Corporations (Electricity Generation and Retail Corporation) Amendment Regulations 2024* | SL 2024/160 7 Aug 2024 | r. 1 and 2: 7 Aug 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 8 Aug 2024 (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\naudit 3\n\nAuthority 3\n\nBoard 3\n\ncivil penalty decision 3\n\ncivil penalty provision 3\n\ncontestable customer 3\n\ncustomer 3\n\nEGRC 3\n\nEGRC business unit 3\n\nEGRC regulatory scheme 3\n\ngeneration business 3, 5(1)\n\ngeneration business unit 3\n\ngeneration competitor 3\n\ngeneration operations 3\n\nnew contestable customer arrangement 3, 4(1)\n\nproceedings 45(1)\n\nretail business 3, 5(1)\n\nretail business unit 3\n\nretail competitor 3\n\nretail operations 3\n\nretail restricted information 3\n\nretail staff 3\n\nsegregation arrangements 3, 19(1)\n\nshared services operations 3\n\nshared services staff 3\n\nstaff 3\n\nwarning notice 37(1)\n\nwholesale arrangements 3, 27(1)\n\nwholesale business 3, 5(1)\n\nwholesale business unit 3\n\nwholesale operations 3\n\nwholesale products 3\n\nwholesale staff 3\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 2013 form. The 2024 amendments (SL 2024/160) deleted entire divisions (Division 2 of Part 2) and multiple regulations (21, 31, 32), while inserting new wholesale conduct obligations (regulation 22) and restructuring audit requirements (regulations 29-30). The original regulations focused heavily on 'ring-fencing' contestable customers and complex transitional arrangements for market opening. The current version has shifted focus toward wholesale market conduct and segregation compliance, suggesting the legislation has moved from establishing initial market structures to refining ongoing competitive conduct rules. The deletion of Division 2 (which previously dealt with contestable customer arrangements) indicates the original scope has contracted in some areas while expanding in others (enhanced audit and penalty provisions)."},"complexity_factors":["27 defined terms in the interpretation section (regulation 3), many of which are cross-referenced to other Acts","Nested definitions: terms like 'EGRC business unit' depend on other defined terms ('generation business', 'wholesale business', etc.)","Multiple overlapping regulatory schemes: the regulations create 'segregation arrangements' and 'wholesale arrangements' that can be amended by ministerial instrument, creating a two-layer regulatory structure","Conditional exceptions throughout: regulation 13(2) creates exceptions to disclosure prohibitions; regulation 4(2) creates exceptions to the definition of 'new contestable customer arrangement'","Complex enforcement pathway: civil penalties require investigation → warning notice → penalty notice → potential Board review → Supreme Court enforcement (regulations 33-45)","Multiple auditing bodies with different jurisdictions: Economic Regulation Authority audits Part 3 and wholesale arrangements; Auditor General audits Part 2 and segregation arrangements","Deleted provisions and amendments indicated throughout (e.g., 'Division 2 deleted', 'Regulation 21 deleted'), suggesting regulatory evolution and potential confusion about current state","Schedule 1 references penalty provisions scattered across multiple regulations rather than consolidated"],"plain_english_summary":"This legislation sets the rules for how Western Australia's state-owned electricity company (the Electricity Generation and Retail Corporation, or EGRC) must operate to ensure fair competition in the electricity market.\n\n**What it does:**\nThe regulations force the EGRC to split its operations into separate 'silos' or business units:\n- **Generation** (making electricity)\n- **Wholesale** (selling electricity in bulk)\n- **Retail** (selling electricity to homes and businesses)\n- **Shared services** (corporate support functions like IT and HR)\n\n**Key requirements:**\n- **Chinese walls**: The EGRC must keep these business units physically and informationally separate. Staff in one unit cannot access sensitive information about competitors that another unit might hold.\n- **No favouritism**: When the wholesale unit sells electricity, it must treat the EGRC's own retail unit exactly the same as independent competitors. It cannot give its 'sister' company better prices or terms.\n- **Written policies**: The EGRC must publish clear policies on how it sets wholesale prices and responds to supply requests, ensuring these processes are fair and transparent.\n- **Audits**: Both the Economic Regulation Authority and the Auditor General must regularly check that the EGRC is following these rules.\n- **Penalties**: If the EGRC breaks these rules, it can be fined up to $100,000 plus $20,000 per day for ongoing breaches.\n\n**Who it affects:**\n- The EGRC (formerly known as Synergy) and its staff\n- Independent electricity retailers trying to compete with the state-owned company\n- Independent power generators\n- Contestable customers (large electricity users who can choose their supplier)\n\n**Why it matters:**\nWithout these rules, the state-owned company could use its market power to crush competitors—for example, by selling cheap electricity to its own retail arm while charging rivals higher prices. These regulations aim to level the playing field so private companies can compete fairly, which should lead to better prices and services for consumers."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations as compiled show material changes from the original 2013 text. Recent amendment notes (SL 2023/98; SL 2024/160) inserted non‑discrimination and wholesaling rules (reg 22, SL 2024/160 r.12), new audit duties for the Authority and Auditor‑General (regs 29, 30, SL 2024/160 r.13), and deleted or reworked earlier provisions (deleted Division 2: SL 2024/160 r.6; reg 21 deleted: SL 2024/160 r.11). These changes expand compliance and enforcement: the EGRC bears the compliance costs and any civil penalties (credited to the Consolidated Account) (regs 34–41, 41), the Minister retains decision rights over segregation/wholesale arrangements and exemptions (regs 5(2), 18, 26, 47), and the Authority and Auditor‑General exercise investigative and audit discretion (regs 29, 30, 33). Operational burdens include IT access controls, annual training and 7‑year record retention (regs 14, 15, 46); the EGRC may redact commercially sensitive material when publishing policies and the Authority’s reports may be edited for commercial sensitivity (regs 23(6), 24(6), 49)."},"complexity_factors":["Multiple oversight bodies with distinct powers and review paths (Minister; Economic Regulation Authority; Auditor‑General; Western Australian Electricity Review Board) creating interlocking procedures (regs 18, 26, 29, 30, 33, 38, 39, 42).","Detailed organisational segregation rules spanning structure, management roles, work areas, IT controls and training obligations that require operational change across the EGRC (regs 5, 13–17).","Wholesaling regime imposes non‑discrimination, written policies, assessment and recordkeeping obligations that affect contracting and credit assessment processes (regs 22–25).","Civil penalty framework with warning notices, daily accruals, time limits, enforcement by Board and Court‑level execution, and review procedures (regs 34–41, 37, 42–44; Schedule 1).","Extensive defined terms and cross‑references to other statutes and instruments increase interpretive and compliance work (reg 3; references to Electricity Corporations Act 2005, Electricity Industry Act 2004, Auditor General Act 2006).","Ministerial discretion to approve additional segments, exempt provisions, and amend or repeal arrangements creates implementation variability (regs 5(2), 18, 20, 26, 28, 47).","Recent amendments and deletions across the instrument (see compilation table and SL 2023/98, SL 2024/160) have altered scope and introduced new audit and enforcement provisions, requiring agencies to track evolving obligations."],"plain_english_summary":"These regulations require the Electricity Generation and Retail Corporation (EGRC) to separate its generation, wholesale, retail and shared‑services operations, protect retail‑sensitive information, implement IT access controls, run annual staff training, maintain records and publish wholesale‑supply policies. The Minister approves segregation and wholesale arrangements; the Economic Regulation Authority and the Auditor‑General audit compliance; the Authority may investigate and impose civil penalties that the EGRC must pay (regs 5, 13–17, 22–30, 34–41)."},"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":"Unable to assess scope — no legislative text was available for analysis. The submission contained only a website error message, not the actual regulations."},"complexity_factors":["No legislative text was retrievable — the source URL returned a system error page rather than actual legislation","Complexity cannot be meaningfully assessed without access to the substantive content of the regulations"],"plain_english_summary":"**No legislation could be retrieved.**\n\nThe page containing the *Electricity Corporations (Electricity Generation and Retail Corporation) Regulations 2013* (Western Australian subordinate legislation) is no longer available on the Western Australian legislation website. The URL provided returns an error message indicating the page has been moved or removed as part of a system upgrade.\n\n**What this means for you:** No meaningful legal analysis can be provided. If you need to access these regulations, you should:\n- Navigate the [Western Australian legislation website](https://www.legislation.wa.gov.au) menu directly\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page\n- Search for the regulations by name using the site's search function"}},"importantCases":[],"_links":{"self":"/api/acts/electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013","history":"/api/acts/electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013/history","analysis":"/api/acts/electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013/analysis","conflicts":"/api/acts/electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013/conflicts","importantCases":"/api/acts/electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013/important-cases","documents":"/api/acts/electricity-corporations-electricity-generation-and-retail-corporation-regulations-2013/documents"}}