{"id":"electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023","name":"Electricity Corporations (South West Interconnected System Prescribed Customers) Order 2023","slug":"electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176480,"registerId":"wa-electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Corporations (South West Interconnected System Prescribed Customers) Order 2023","content":"![Crest]()Western Australia\n\nElectricity Corporations Act 2005\n\nElectricity Corporations (South West Interconnected System Prescribed Customers) Order 2023\n\nWestern Australia\n\nElectricity Corporations (South West Interconnected System Prescribed Customers) Order 2023\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Declaration of class of customers (Act s. 54(4)(a)) 1\n\n4. Order revoked 2\n\nNotes\n\nCompilation table 3\n\n  \n\nElectricity Corporations Act 2005\n\nElectricity Corporations (South West Interconnected System Prescribed Customers) Order 2023\n\n##### 1. Citation\n\n\t\tThis order is the *Electricity Corporations (South West Interconnected System Prescribed Customers) Order 2023*.\n\n##### 2. Commencement\n\nThis order comes into operation as follows —\n\n(a) clauses 1 and 2 — on the day on which this order is published in the *Gazette*;\n\n(b) the rest of the order — on the day after that day.\n\n##### 3. Declaration of class of customers (Act s. 54(4)(a))\n\n(1) In this clause —\n\ncommencement day means the day on which this clause comes into operation;\n\nresidential customer means a customer who is entitled to be supplied electricity on the basis of a residential tariff under the *Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006* by‑law 5 at each supply point on the South West interconnected system through which electricity is supplied to that customer;\n\nsupply point means —\n\n(a) a bidirectional point as defined in the *Electricity Networks Access Code 2004* section 1.3; or\n\n(b) an exit point as defined in the *Electricity Networks Access Code 2004* section 1.3.\n\n(2) The class of customers declared to be prescribed customers for the purposes of section 54(2) of the Act is each customer who —\n\n(a) is a residential customer; or\n\n(b) on and from commencement day, never consumes, and could reasonably be expected by the Electricity Networks Corporation to never consume, 50 MWh or more of electricity in a 12‑month period at each supply point on the South West interconnected system through which electricity is supplied to that customer.\n\n(3) However, a customer is not a member of the class described in subclause (2) if the customer consumed 50 MWh or more of electricity at a supply point on the South West interconnected system in any 12‑month period within the period beginning on 1 July 2007 and ending on the day before commencement day.\n\n##### 4. Order revoked\n\nThe *Electricity Corporations (Prescribed Customers) Order 2007* is revoked.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Electricity Corporations (South West Interconnected System Prescribed Customers) Order 2023*. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Electricity Corporations (South West Interconnected System Prescribed Customers) Order 2023* | SL 2023/39 9 May 2023 | cl. 1 and 2: 9 May 2023 (see cl. 2(a));   Order other than cl. 1 and 2: 10 May 2023 (see cl. 2(b)) |\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This order revokes and replaces the 2007 Prescribed Customers Order and restates who is a prescribed customer for the SWIS. It does not appear to expand the regulatory reach beyond the original purpose of designating which customers are treated as prescribed customers under the Electricity Corporations Act; instead it updates definitions and applies a 50 MWh per‑supply‑point threshold while preserving a historical carve‑out (consumption measured from 1 July 2007). The instrument is a technical re‑specification rather than a material expansion of scope."},"complexity_factors":["Very short instrument: 4 clauses only (citation, commencement, declaration, revocation).","Small number of defined terms in the order itself (commencement day, residential customer, supply point) — 3 explicit in cl. 3(1).","One substantive substantive provision with two alternative limbs (residential; <50 MWh test) in cl. 3(2).","Single nested exception clause (cl. 3(3)) that refers to historical consumption back to 1 July 2007.","Cross‑references to three external instruments for key meanings: Electricity Corporations Act 2005 (s.54(2) target), Energy Operators (Charges) By‑laws 2006 (residential tariff definition), Electricity Networks Access Code 2004 (supply point definitions).","Administrative discretion introduced by the reasonableness test in cl. 3(2)(b) (could reasonably be expected by the Electricity Networks Corporation)."],"plain_english_summary":"**What this instrument does — mechanically**\n\n- It declares who counts as a “prescribed customer” for the purposes of section 54(2) of the Electricity Corporations Act 2005. (See clause 3.)\n- It takes effect immediately for the title and commencement clauses on the day it is published in the Gazette, and the substantive rules apply from the next day. (See clause 2.)\n- It revokes the earlier Electricity Corporations (Prescribed Customers) Order 2007. (See clause 4.)\n\n**Who is captured by the declaration**\n\n- All customers who are entitled to be supplied on a residential tariff at each supply point on the South West Interconnected System (SWIS). In other words, people or premises on a residential tariff are prescribed customers. (Defined term: “residential customer”; cl. 3(1) and cl. 3(2)(a)).\n- Any customer who, from the commencement day, never consumes — and could reasonably be expected by the Electricity Networks Corporation to never consume — 50 megawatt‑hours (MWh) or more at any single supply point on the SWIS in a 12‑month period. That is, low‑consuming supply points (below 50 MWh pa) are prescribed. (cl. 3(2)(b)).\n\n**Exception (who is excluded)**\n\n- A customer is excluded from this declared class if, at any supply point on the SWIS, they consumed 50 MWh or more in any 12‑month period during the period from 1 July 2007 up to the day before this order’s substantive commencement. Put simply: anyone who historically (since 1 July 2007) used 50 MWh+ at a supply point is not a prescribed customer under this order. (cl. 3(3)).\n\n**Why it matters (what being a “prescribed customer” does in practice)**\n\n- The order does not itself set tariffs or supply rules. Instead it identifies which customers are treated as prescribed customers for the purposes of the Electricity Corporations Act 2005 (s.54(2)). That classification determines which customers are subject to the specific obligations, rights or tariff arrangements the Act applies to “prescribed customers” (the Act’s provisions, not repeated in this instrument, set out those consequences). (cl. 3)\n\n**Practical effects and who is affected**\n\n- People on residential electricity tariffs are expressly captured (they will be treated as prescribed customers). (cl. 3(2)(a)).\n- Small commercial or other customers who never use 50 MWh/year at a supply point — and whom the network operator reasonably expects to remain below 50 MWh/year — are also included. This captures many small businesses and most households. (cl. 3(2)(b)).\n- Larger users (those who have ever used 50 MWh+ at a supply point during 1 July 2007 to the day before commencement) are excluded. That preserves a historical carve‑out; it prevents certain large users with prior high use from being classified as prescribed customers now. (cl. 3(3)).\n\n**Implementation and administrative mechanics**\n\n- The order relies on other instruments for technical meaning: it adopts the meaning of “residential tariff” from the Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006 (by‑law 5), and it uses the Electricity Networks Access Code 2004 definitions for “bidirectional point” and “exit point” when defining a supply point. Those cross‑references determine which physical connection points are covered. (cl. 3(1); cross‑refs in cl. 3(1) and cl. 3(2)).\n\n**Costs, incentives and trade‑offs (testing the stated effect against likely impacts)**\n\n- Who pays / who benefits: being a “prescribed customer” makes a customer fall into the group that the Electricity Corporations Act treats in a particular way (typically affecting supply obligations and tariffs). That usually benefits small users (residential and low‑consumption sites) by placing them within the regulatory regime the Act provides. The financial cost or benefit depends on the Act’s substantive provisions and how corporations implement them.\n- Incentives and substitution: the 50 MWh threshold is a bright‑line per supply point test. It may create incentives around how supply is metered or how sites are configured (e.g., multiple meters or supply points versus a single aggregated supply point) because the test is applied at each supply point. (cl. 3(2)(b)).\n- Administrative burden and discretion: the Electricity Networks Corporation is given a reasonableness judgement (could reasonably be expected) when assessing future consumption; that introduces an element of administrative discretion and potential disputes about forecasts and expectation. (cl. 3(2)(b)).\n- Historical exclusion: the carve‑out for any 50 MWh+ consumption between 1 July 2007 and the day before commencement prevents customers with prior high usage from becoming prescribed customers now; this reduces reclassification risk for long‑standing large users but also means new or returning users who have not previously exceeded 50 MWh may be captured. (cl. 3(3)).\n- Interaction with commercial decisions: businesses close to the 50 MWh threshold may change metering, site boundaries, or operational patterns to remain under the threshold at a supply point if being a prescribed customer offers commercial advantages under the Act.\n\n**Key cross‑references (administrative detail you will need to read if you want the full picture)**\n\n- Electricity Corporations Act 2005 (s.54(2) is the target of this declaration).\n- Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006 (by‑law 5) — defines residential tariff for the prescription of residential customers. (cl. 3(1))\n- Electricity Networks Access Code 2004 (s.1.3) — defines bidirectional point and exit point, which the order uses to define “supply point.” (cl. 3(1))\n\n**Bottom line**\n\nThis is a technical, definitional order. It identifies which SWIS supply points/customers are to be treated as “prescribed customers” under the Electricity Corporations Act 2005: mainly residential tariff customers and customers at supply points that are, and are expected to remain, below 50 MWh per year — with an exclusion for customers who historically consumed 50 MWh+ between 1 July 2007 and the day before commencement. It replaces the 2007 order and relies on cross‑referenced instruments for key definitions. (cl. 3; cl. 4)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the full text of the Order is inaccessible. No comparison between original and final form is possible on the information provided."},"complexity_factors":["No legislative text is available to analyse — the source URL returned a 404-style error page","Only the title and administrative metadata are present","No provisions, definitions, schedules, or operative clauses can be assessed","Complexity score of 1 reflects the absence of content, not the inherent simplicity of the instrument"],"plain_english_summary":"This 2023 Western Australian executive Order (text not available here) concerns the South West Interconnected System and designates certain electricity users as \"prescribed customers.\" That designation likely determines which retailers or corporations must serve them and what regulatory rules, pricing or protections apply. It principally affects electricity consumers, retailers and operators within the SWIS."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order maintains the original purpose of the 2007 instrument it replaces: defining which customers are 'prescribed' for the purposes of retail market regulation in the SWIS. The scope remains tightly focused on customer classification based on usage thresholds and tariff types. The update simply refreshes the instrument and adjusts the lookback date for the grandfathering exclusion."},"complexity_factors":["Short instrument (4 clauses, ~1.5 pages)","Only 3 defined terms in clause 3(1): 'commencement day', 'residential customer', 'supply point'","Single substantive provision (clause 3) with straightforward two-part test (residential OR low-usage)","One exclusion clause (subclause 3) creating a lookback period to 2007","Cross-references to 3 external instruments: Energy Operators By-laws 2006, Electricity Networks Access Code 2004, and the parent Act","No nested exceptions or conditional logic beyond the single grandfathering exclusion"],"plain_english_summary":"**What this legislation does:**\n\nThis Order defines which electricity customers in Western Australia's main power grid (the South West Interconnected System, or SWIS) are \"prescribed customers\" under the Electricity Corporations Act 2005. Being a \"prescribed customer\" matters because it affects which electricity retailer can supply you and what rules apply to your supply.\n\n**Who it affects:**\n\nTwo main groups are now classified as prescribed customers:\n\n*   **Residential customers** — anyone on a residential electricity tariff (basically, ordinary households)\n*   **Small business customers** — anyone who uses less than 50 megawatt-hours (MWh) per year at each connection point and is expected to stay under that threshold\n\n**The catch (grandfathering clause):**\n\nEven if you currently use less than 50 MWh/year, you're **not** a prescribed customer if you ever used 50 MWh or more in any 12-month period between July 2007 and when this Order started (May 2023). This prevents larger businesses that once had high usage from slipping back into the protected \"small customer\" category.\n\n**Why it matters:**\n\nThis classification determines whether you must use Synergy (the government-owned retailer) or can shop around for other electricity providers. Prescribed customers generally have fewer retailer choices and are subject to regulated pricing. The Order also tidies up by replacing the old 2007 Prescribed Customers Order.\n\n**Key terms explained:**\n*   **South West Interconnected System (SWIS)** — WA's main electricity grid covering Perth and the south-west\n*   **Supply point** — where electricity enters your property (either a \"bidirectional point\" for solar/battery users who export power, or an \"exit point\" for standard connections)\n*   **50 MWh** — roughly the annual usage of a medium-sized shop or small office; most households use about 5-10 MWh per year"},"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"}},"importantCases":[],"_links":{"self":"/api/acts/electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023","history":"/api/acts/electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023/history","analysis":"/api/acts/electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023/analysis","conflicts":"/api/acts/electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023/conflicts","importantCases":"/api/acts/electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023/important-cases","documents":"/api/acts/electricity-corporations-south-west-interconnected-system-prescribed-customers-order-2023/documents"}}