{"id":"electricity-industry-arbitrator-and-board-funding-regulations-2009","name":"Electricity Industry (Arbitrator and Board Funding) Regulations 2009","slug":"electricity-industry-arbitrator-and-board-funding-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176490,"registerId":"wa-electricity-industry-arbitrator-and-board-funding-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Industry (Arbitrator and Board Funding) Regulations 2009","content":"![Crest]()Western Australia\n\nElectricity Industry Act 2004\n\nElectricity Industry (Arbitrator and Board Funding) Regulations 2009\n\nWestern Australia\n\nElectricity Industry (Arbitrator and Board Funding) Regulations 2009\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Standing charges 2\n\n5. Assessment and payment of standing charges 3\n\n6. Board’s power in relation to costs and expenses of proceedings 4\n\n7. Recovery of unpaid amounts 5\n\n7A. Costs and expenses arising from proceedings relating to Pilbara matters 5\n\n7B. Charges for hearing and determining proceedings relating to Pilbara matters generally 7\n\n8. Matters to be included in arbitrator’s annual report 8\n\nSchedule 1 — Percentages for calculating standing charges\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nElectricity Industry Act 2004\n\nElectricity Industry (Arbitrator and Board Funding) Regulations 2009\n\n##### 1. Citation\n\n\t\tThese regulations are the *Electricity Industry (Arbitrator and Board Funding) Regulations 2009*.\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) In these regulations —\n\nallowed period means the period referred to in regulation 5(2) or such further period as the arbitrator may allow;\n\nassessment amount means the total amount payable as specified in a notice of assessment under regulation 5(1)(b)(i);\n\nCode has the meaning given in section 103 of the Act;\n\ncore function costs, for a quarter, means costs that —\n\n(a) are incurred in the quarter in connection with the performance by the arbitrator and the Board of their functions under the Act and the *Energy Arbitration and Review Act 1998* Part 6; and\n\n(b) cannot be recovered under regulation 6; and\n\n(c) are not incurred in relation to hearing and determining a Pilbara matter;\n\ndetermined costs means an amount determined by the Board under regulation 6 to be payable by a party to proceedings;\n\nPilbara matter means a matter arising under the Act in relation to a Pilbara network;\n\nprescribed rate means an 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 arbitrator having regard to comparable indices then available;\n\nproceedings includes proceedings that are commenced but discontinued or otherwise not brought to finality;\n\nquarter means —\n\n(a) the period beginning on the day on which regulation 4 comes into operation and ending on 31 December 2009; or\n\n(b) any subsequent period of 3 months beginning on 1 July, 1 October, 1 January or 1 April;\n\nstanding charge means a charge under regulation 4(1).\n\n(2) A term has the same meaning in these regulations as it has in the Code unless the contrary intention appears in these regulations.\n\n[Regulation 3 amended: SL 2021/95 r. 36.]\n\n##### 4. Standing charges\n\n(1) For each quarter, for each network that during any of the quarter is specified in Schedule 1 and is a covered network, a charge is payable in connection with the performance by the arbitrator and the Board of their functions under the Act and the *Energy Arbitration and Review Act 1998* Part 6.\n\n(2) A charge under subregulation (1) for a network for a quarter is payable by any person who is the service provider for the network during the quarter.\n\n(3) The amount of the charge under subregulation (1) payable by a person for a network for a quarter is determined in accordance with the following 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\nDQ is the number of days in the quarter;\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 for the network.\n\n##### 5. Assessment and payment of standing charges\n\n(1) As soon as is practicable after the end of each quarter the arbitrator 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 arbitrator within 30 days after the day specified 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 arbitrator at the prescribed rate calculated daily.\n\n##### 6. Board’s power in relation to costs and expenses of proceedings\n\n(1A) This regulation does not apply in relation to a part of a proceeding that relates to hearing and determining a Pilbara matter.\n\n(1) The Board may fix an amount that represents the cost and expenses of the hearing and determination of particular proceedings before it.\n\n(2) Without limiting subregulation (1), the cost and expenses of the hearing and determination of particular proceedings include —\n\n(a) the costs of constituting the Board for the purposes of those proceedings, including the payment of any remuneration and allowances payable under the *Energy Arbitration and Review Act 1998* section 55 to the members of the Board; and\n\n(b) any cost and expenses attributable to the provision of services, facilities and support under the *Energy Arbitration and Review Act 1998* section 56(1) for the purposes of those proceedings.\n\n(3) The Board may determine —\n\n(a) which of the parties to the proceedings is liable for payment of the whole or any part of an amount fixed under subregulation (1); and\n\n(b) the manner in which, and time within which, payment is to be made.\n\n(4) A party to proceedings must pay any amount determined by the Board to be payable by the person in the manner and within the time determined by the Board.\n\n[Regulation 6 amended: SL 2021/95 r. 37.]\n\n##### 7. Recovery of unpaid amounts\n\n(1) The arbitrator may recover —\n\n(a) any unpaid assessment amount, together with any interest payable under regulation 5(3); or\n\n(b) any unpaid determined costs,\n\nin a court of competent jurisdiction as a debt due to the arbitrator.\n\n(2) In proceedings under subregulation (1) a certificate —\n\n(a) purporting to be signed by the arbitrator; and\n\n(b) specifying an amount as being an assessment amount or determined costs; and\n\n(c) specifying an amount as being interest payable under regulation 5(3); 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 arbitrator or of the authenticity of the signature, sufficient evidence of the matters specified or stated.\n\n##### 7A. Costs and expenses arising from proceedings relating to Pilbara matters\n\n(1) The Board may fix an amount that represents the cost and expenses of hearing and determining a Pilbara matter in a proceeding before it.\n\n(2) Without limiting subregulation (1), the cost and expenses referred to in that subregulation include —\n\n(a) the costs of constituting the Board for the purposes of hearing and determining the Pilbara matter in the course of the proceedings, including the payment of any remuneration and allowances payable under the *Energy Arbitration and Review Act 1998* section 55 to the members of the Board; and\n\n(b) any cost and expenses attributable to the provision of services, facilities and support under the *Energy Arbitration and Review Act 1998* section 56(1) for the purposes of hearing and determining the Pilbara matter in the course of the proceedings.\n\n(3) If the Board fixes an amount under subregulation (1), the Board may —\n\n(a) determine which of the parties to the proceedings relating to the Pilbara matter is liable for payment of the whole or any part of the amount; and\n\n(b) fix the manner in which, and time within which, payment must be made.\n\n(4) A party that is determined to be liable for a payment under subregulation (3) must make the payment to the arbitrator in the manner and within the time fixed by the Board.\n\n(5) If the party does not make the payment in full within the time within which the payment must be made, interest on the outstanding amount is payable to the arbitrator at the prescribed rate calculated daily.\n\n(6) The arbitrator may recover any unpaid amount or interest owed under this regulation in a court of competent jurisdiction as a debt due to the arbitrator.\n\n[Regulation 7A inserted: SL 2021/95 r. 38.]\n\n##### 7B. Charges for hearing and determining proceedings relating to Pilbara matters generally\n\n(1) In this regulation —\n\nRegional Power Corporation means the corporation established by the *Electricity Corporations Act 2005* section 4(1)(d).\n\n(2) The arbitrator may fix an amount that represents the Board’s cost and expenses in relation to the hearing and determination of Pilbara matters in all proceedings before it during a quarter, other than any cost and expenses fixed and to be paid by a party under regulation 7A.\n\n(3) If the arbitrator fixes an amount under subregulation (2), the arbitrator may issue the Regional Power Corporation a notice specifying —\n\n(a) the amount; and\n\n(b) the day on which the notice is issued; and\n\n(c) that the Corporation must pay to the arbitrator the amount specified in the notice within 30 days after the day specified under paragraph (b).\n\n(4) If the Regional Power Corporation is issued a notice under subregulation (3), the Corporation must pay the amount specified in the notice to the arbitrator within 30 days after the day specified under subregulation (3)(b).\n\n(5) If the Regional Power Corporation does not pay the amount in full within the period specified under subregulation (4), interest on the outstanding amount is payable to the arbitrator at the prescribed rate calculated daily.\n\n(6) The arbitrator may recover any unpaid amount or interest owed under this regulation in a court of competent jurisdiction as a debt due to the arbitrator.\n\n[Regulation 7B inserted: SL 2021/95 r. 38.]\n\n##### 8. Matters to be included in arbitrator’s annual report\n\nThe annual report submitted by the arbitrator 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; and\n\n(b) the total determined costs under regulation 6; and\n\n(c) the total amounts fixed under regulation 7A(1); and\n\n(d) the total amounts fixed under regulation 7B(2).\n\n[Regulation 8 amended: SL 2021/95 r. 39.]\n\nSchedule 1 — Percentages for calculating standing charges\n\n[r. 4]\n\n|  | **Network** | **Percentage** |\n| --- | --- | --- |\n| 1. | The network that is a covered network under s. 3.1 of    the Code (Western Power Network) | 100% |\n\n\n![]()\n\nNotes\n\nThis is a compilation of the *Electricity Industry (Arbitrator and Board Funding) Regulations 2009* 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 Industry (Arbitrator and Board Funding) Regulations 2009* | 31 Dec 2009 p. 5365-73 | r. 1 and 2: 31 Dec 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2010 (see r. 2(b)) |\n| *Electricity Industry (Pilbara Networks) Regulations 2021* Pt. 9 | SL 2021/95 18 Jun 2021 | 19 Jun 2021 (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(1)\n\nassessment amount 3(1)\n\nCode 3(1)\n\ncore function costs 3(1)\n\ndetermined costs 3(1)\n\nPilbara matter 3(1)\n\nprescribed rate 3(1)\n\nproceedings 3(1)\n\nquarter 3(1)\n\nRegional Power Corporation 7B(1)\n\nstanding charge 3(1)\n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The original funding regime (quarterly standing charges and Board cost allocation) was extended by later amendments to create a distinct Pilbara cost regime: regs 7A and 7B (inserted SL 2021/95) establish party-level recovery for Pilbara matters and allow the arbitrator to bill the Regional Power Corporation for Pilbara costs, and related definitional amendments (r.3) accommodate Pilbara matters."},"complexity_factors":["Periodic arithmetic formula for standing charges that combines quarterly core function costs, a network percentage (Schedule 1), and pro rata days (r.4(3); Sch.1).","Multiple defined terms and cross-references to the Electricity Industry Act, the Code and the Energy Arbitration and Review Act (r.3(2)), increasing interpretive cross‑linking.","Different recovery regimes: general standing-charge assessments (r.5), Board-determined party costs (r.6), Pilbara-specific party charges (r.7A) and Pilbara-quarter charges on Regional Power Corporation (r.7B).","Discretionary allocations by the Board as to which party pays hearing costs and timing/manner of payment (r.6(3); r.7A(3)).","Interest on late payments set at a prescribed rate tied to a market reference plus 5 percentage points with fallback (r.3(1) defined \"prescribed rate\"; r.5(3); r.7A(5); r.7B(5)).","Enforcement mechanism allowing recovery in court as a debt with a prima facie certificate from the arbitrator (r.7(1)–(2); r.7A(6); r.7B(6)).","Exclusions and limits: core function costs exclude amounts recoverable under r.6 and Pilbara hearing costs (definition of \"core function costs\"), creating allocation complexity.","Reporting requirement to disclose totals of standing charges and fixed amounts in the arbitrator’s annual report (r.8) increases accountability and administrative tasks."],"plain_english_summary":"These regulations set how the electricity arbitrator and the Board are funded: they require network service providers to pay quarterly \"standing charges\" calculated from the Board’s core function costs and a schedule percentage, and allow the Board to recover hearing costs from parties. For Pilbara-related disputes there are separate charge and recovery rules including the ability to bill the Regional Power Corporation. Interest on unpaid amounts and court recovery are specified."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available in the provided document. Only an error page was returned from the source URL."},"complexity_factors":["No substantive legislative text was provided — only an error/redirect page from the WA legislation website","Complexity cannot be meaningfully assessed without the actual regulatory content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"This 2009 Western Australian regulation (text unavailable online) appears to set funding arrangements for an electricity industry Arbitrator and Board. It likely affects electricity retailers, network operators and consumers by determining who pays for dispute‑resolution and regulatory bodies — costs that can flow through to businesses and end users."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2009 regulations established a straightforward funding model based on standing charges from network service providers (primarily Western Power) and party-pays costs for proceedings. The 2021 amendments significantly expanded the scope by adding a complex dual-track funding system for Pilbara matters—creating separate cost recovery mechanisms for specific proceedings (reg 7A) and general quarterly charges to Regional Power Corporation (reg 7B). This transformed the regulations from a general industry funding mechanism into a hybrid system with special regional carve-outs, effectively creating a subsidy arrangement where Horizon Power (Regional Power Corporation) bears costs that were originally intended to be covered by standing charges or party payments."},"complexity_factors":["Multiple funding mechanisms: standing charges (reg 4), party-specific costs (reg 6), Pilbara-specific party costs (reg 7A), and Pilbara general charges (reg 7B)","Formula-based calculation in regulation 4 with variables (S, C, P, DQ, DP) requiring cross-referencing to Schedule 1 and defined terms","Nested definitions: 'core function costs' excludes Pilbara matters and recoverable costs, requiring understanding of what is NOT included","Complex interest rate calculation tied to Reuters Screen BBSW (Bank Bill Swap Reference Rate) with fallback provision","Cross-references to three other Acts: Electricity Industry Act 2004, Energy Arbitration and Review Act 1998, and Financial Management Act 2006","Amendment history showing significant expansion in 2021 to add Pilbara-specific provisions (regs 7A and 7B), indicating scope creep from original intent","10 defined terms in regulation 3, some with multi-part definitions"],"plain_english_summary":"These regulations set up a funding system to pay for the Electricity Industry Ombudsman (called the 'arbitrator') and a review board that handles disputes in Western Australia's electricity industry.\n\n**Who pays:**\n- **Electricity network companies** (specifically Western Power, and potentially others listed in Schedule 1) pay regular 'standing charges' every quarter to cover the basic running costs of the arbitrator and Board.\n- **Parties involved in disputes** may have to pay costs if the Board decides they should bear the expenses of specific proceedings.\n- **Regional Power Corporation** (Horizon Power) pays special charges for disputes related to Pilbara electricity networks.\n\n**How it works:**\n- **Standing charges** are calculated based on the arbitrator's core operating costs, split according to percentages in Schedule 1. Currently, Western Power pays 100% of these costs.\n- **Dispute costs**: When the Board hears a dispute, it can decide which party pays for the hearing expenses (member fees, facilities, etc.).\n- **Pilbara matters** are treated separately: costs for disputes in the Pilbara region can be charged to the parties involved or to Regional Power Corporation as a general charge.\n- **Interest** applies if payments are late—set at 5% above the bank bill rate.\n- **Enforcement**: Unpaid amounts can be recovered as debts through the courts.\n\n**Why it matters:**\nThis ensures the electricity dispute resolution system is self-funding rather than relying on taxpayer money. It creates a user-pays system where the industry (and sometimes specific disputants) cover the costs of resolving conflicts about electricity access, pricing, and network issues."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-industry-arbitrator-and-board-funding-regulations-2009","history":"/api/acts/electricity-industry-arbitrator-and-board-funding-regulations-2009/history","analysis":"/api/acts/electricity-industry-arbitrator-and-board-funding-regulations-2009/analysis","conflicts":"/api/acts/electricity-industry-arbitrator-and-board-funding-regulations-2009/conflicts","importantCases":"/api/acts/electricity-industry-arbitrator-and-board-funding-regulations-2009/important-cases","documents":"/api/acts/electricity-industry-arbitrator-and-board-funding-regulations-2009/documents"}}