{"id":"electricity-industry-solar-power-purchase-agreements-exemption-order-2016","name":"Electricity Industry (Solar Power Purchase Agreements) Exemption Order 2016","slug":"electricity-industry-solar-power-purchase-agreements-exemption-order-2016","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176515,"registerId":"wa-electricity-industry-solar-power-purchase-agreements-exemption-order-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Industry (Solar Power Purchase Agreements) Exemption Order 2016","content":"![Crest]()Western Australia\n\nElectricity Industry Act 2004\n\nElectricity Industry (Solar Power Purchase Agreements) Exemption Order 2016\n\nWestern Australia\n\nElectricity Industry (Solar Power Purchase Agreements) Exemption Order 2016\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Exemption 2\n\n5. Condition: written disclosure statement 3\n\n6. Condition: written report 5\n\nNotes\n\nCompilation table 7\n\nDefined terms\n\n  \n\nElectricity Industry Act 2004\n\nElectricity Industry (Solar Power Purchase Agreements) Exemption Order 2016\n\n##### 1. Citation\n\n\t\tThis order is the *Electricity Industry (Solar Power Purchase Agreements) Exemption Order 2016*.\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. Terms used\n\nIn this order —\n\ncomplaint means an expression of dissatisfaction made in writing and given to a supplier where a response or resolution from the supplier is explicitly or implicitly expected or legally required;\n\nCoordinator has the meaning given in the *Energy Coordination Act 1994* section 3(1);\n\nsolar power purchase agreement means an agreement between a supplier and a customer under which the customer purchases electricity generated by a solar power system specified in the agreement;\n\nsolar power system means a system of photovoltaic arrays;\n\nsupplier means a person who is a supplier under clause 4(1).\n\n##### 4. Exemption\n\n(1) The following persons are suppliers —\n\n[(a) deleted]\n\n(b) Alectrona Pty Ltd (ABN 62 614 762 515);\n\n[(c) deleted]\n\n(d) CSP National Pty Ltd (ABN 24 168 946 914);\n\n(e) Diamond Energy Asset Holdings Pty Ltd (ABN 30 144 525 333);\n\n(f) Distributed Power Generation Limited (ABN 15 610 829 386);\n\n(g) Efficient Homes Australia Pty Ltd (ABN 36 141 430 328);\n\n(h) Element47 Pty Ltd (ABN 45 612 754 891);\n\n(i) Green Peak Energy Pty Ltd (ABN 45 616 537 154);\n\n(j) Lester Energy Pty Ltd (ABN 94 616 411 360);\n\n(k) Origin Energy Retail No. 2 Pty Limited (ABN 49 601 182 790);\n\n(l) PAE Northam Pty Ltd (ABN 74 614 039 217);\n\n(m) Perdaman Advanced Energy Pty Ltd (ABN 24 611 726 400);\n\n(n) Powertex Capital Pty Ltd (ABN 36 621 122 432);\n\n[(o) deleted]\n\n(oa) Solar Assets Pty Ltd (ABN 83 168 191 848);\n\n(ob) Sustainable Business Energy Solutions Pty Ltd (ABN 21 131 625 600);\n\n(p) Tai Feng (WA) Pty Ltd (ABN 36 614 376 028);\n\n(q) Voltaic Energy Pty Ltd (ABN 38 162 893 889);\n\n(r) Wesglo Pty Ltd (ABN 85 144 784 850);\n\n(s) Zeus Appollo Pty Ltd (ABN 99 151 279 908).\n\n(2) A supplier is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity is sold to the customer under a solar power purchase agreement.\n\n[Clause 4 amended: Gazette 13 Jun 2017 p. 2881‑2; 29 Mar 2018 p. 1093‑4; 17 Aug 2018 p. 2895; SL 2023/31 cl. 4.]\n\n##### 5. Condition: written disclosure statement\n\n(1) The exemption is subject to the condition that before the solar power purchase agreement was executed by the customer the supplier had given the customer a written disclosure statement containing the following —\n\n(a) a statement to the effect that the solar power purchase agreement is separate from any standard form contract or non-standard contract (as those terms are defined in the *Electricity Industry Act 2004* section 47) that the customer may have with a person who holds a retail licence or an integrated regional licence;\n\n(b) a statement to the effect that the supplier is not required to hold a retail licence or an integrated regional licence under the *Electricity Industry Act 2004* section 7(4) in relation to the sale of electricity to the customer because the supplier is relying on the exemption set out in the *Electricity Industry (Solar Power Purchase Agreements) Exemption Order 2016*;\n\n(c) a statement to the effect that the solar power purchase agreement may be subject to the *Australian Consumer Law (WA)*;\n\n(d) the term of the solar power purchase agreement;\n\n(e) the customer’s options at the end of the solar power purchase agreement;\n\n(f) the fees and charges the customer is required to pay under the solar power purchase agreement including the per unit rate the customer is required to pay for the electricity and how the rate can change;\n\n(g) the type of meter that will be used to measure the generation output of the solar power system;\n\n(h) the accuracy of the meter referred to in paragraph (g);\n\n(i) the following, as estimated by the supplier —\n\n(i) the generation output of the solar power system for the period of 12 months beginning on the day the solar power system is expected by the supplier to begin generating electricity;\n\n(ii) the cost of the solar power purchase agreement to the customer for the period of 12 months beginning on the day the solar power system is expected by the supplier to begin generating electricity;\n\n(j) the format and frequency of the bills to be given to the customer;\n\n(k) a summary of the rights and obligations of the customer and the supplier in relation to the termination of the solar power purchase agreement;\n\n(l) a summary of the obligations of the customer under the solar power purchase agreement;\n\n(m) the name and contact details of the person responsible for the maintenance of the solar power system;\n\n(n) the name and contact details of the person responsible for repairs to the solar power system;\n\n(o) the dispute resolution procedure to be used to deal with a dispute between the supplier and the customer about the solar power purchase agreement;\n\n(p) any other information that is reasonably necessary to enable the customer to make an informed assessment of the solar power purchase agreement.\n\n(2) The condition in subclause (1) is taken to be observed by the supplier if the solar power purchase agreement was assigned to the supplier from another supplier and the other supplier observed the condition in subclause (1).\n\n(3) The exemption is subject to the condition that, if the supplier becomes aware or ought reasonably to have become aware that information in the disclosure statement given under subclause (1) is incomplete, false or misleading, the supplier gives to the customer an updated disclosure statement as soon as practicable.\n\n##### 6. Condition: written report\n\n(1) The exemption is subject to the condition that the supplier, in respect of the most recently ended financial year (the financial year) gives to the Coordinator before 31 August in the following financial year a written report containing the following —\n\n(a) the number of solar power purchase agreements executed by or assigned to the supplier during the financial year;\n\n(b) the number of solar power purchase agreements to which the supplier was a party as at the end of the financial year;\n\n(c) the number of solar power systems covered by solar power purchase agreements executed by or assigned to the supplier during the financial year;\n\n(d) the number of solar power systems covered by solar power purchase agreements to which the supplier was a party as at the end of the financial year;\n\n(e) the generation capacity in kilowatts of the solar power systems covered by solar power purchase agreements to which the supplier was a party as at the end of the financial year;\n\n(f) the number and type of complaints received by the supplier in relation to solar power purchase agreements during the financial year.\n\n(2) The exemption is not subject to the condition in subclause (1) in respect of a financial year if the supplier was not a supplier at any time during the previous financial year.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Electricity Industry (Solar Power Purchase Agreements) Exemption Order 2016* 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 (Solar Power Purchase Agreements) Exemption Order 2016* | 23 Dec 2016 p. 5900‑3 | cl. 1 and 2: 23 Dec 2016 (see cl. 2(a));   Order other than cl. 1 and 2: 24 Dec 2016 (see cl. 2(b)) |\n| *Electricity Industry (Solar Power Purchase Agreements) Exemption Amendment Order 2017* | 13 Jun 2017 p. 2881‑2 | cl. 1 and 2: 13 Jun 2017 (see cl. 2(a));   Order other than cl. 1 and 2: 14 Jun 2017 (see cl. 2(b)) |\n| *Electricity Industry (Solar Power Purchase Agreements) Exemption Amendment Order 2018* | 29 Mar 2018 p. 1093‑4 | cl. 1 and 2: 29 Mar 2018 (see cl. 2(a));   Order other than cl. 1 and 2: 30 Mar 2018 (see cl. 2(b)) |\n| *Electricity Industry (Solar Power Purchase Agreements) Exemption Amendment Order (No. 2) 2018* | 17 Aug 2018 p. 2895 | cl. 1 and 2: 17 Aug 2018 (see cl. 2(a));   Order other than cl. 1 and 2: 18 Aug 2018 (see cl. 2(b)) |\n| *Electricity Industry (Solar Power Purchase Agreements) Exemption Amendment Order 2023* | SL 2023/31 21 Apr 2023 | cl. 1 and 2: 21 Apr 2023 (see cl. 2(a));   Order other than cl. 1 and 2: 22 Apr 2023 (see cl. 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\ncomplaint 3\n\nCoordinator 3\n\nfinancial year 6(1)\n\nsolar power purchase agreement 3\n\nsolar power system 3\n\nsupplier 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument's beneficiary set has changed: clause 4 lists specific suppliers and the compilation table records amendments (2017, 2018, 2023) that added and deleted named persons. The exemption's mechanics and conditions (cl.5 and cl.6) remain, but the list of entities entitled to rely on the exemption has been altered by subsequent amendment (see cl.4 and compilation table)."},"complexity_factors":["Named-person list in clause 4 — the exemption applies only to specific listed entities (cl.4(1)); the list has been amended over time (compilation table).","Conditional exemption — relief from s.7(4) is subject to substantive pre-contract disclosure requirements (cl.5(1)) setting many specific disclosure items.","Ongoing compliance obligations — suppliers must update disclosures if inaccurate (cl.5(3)) and supply annual reports to the Coordinator by 31 August (cl.6(1)).","Interactions with other laws — disclosure must note potential application of the Australian Consumer Law (WA) (cl.5(1)(c)), creating cross‑regulatory implications.","Assignment rule — exemption treated as observed if agreement was assigned and original supplier complied (cl.5(2)), affecting secondary-market transactions.","Report content specificity — reporting requires counts, capacities and complaint breakdowns (cl.6(1)(a)–(f)), imposing recordkeeping and aggregation tasks.","Reasonable‑person trigger — obligation to update disclosures uses the standard 'ought reasonably to have become aware' (cl.5(3)), which creates an objective compliance test."],"plain_english_summary":"This Order exempts the named suppliers from the Electricity Industry Act 2004 s.7(4) licence requirement when they sell electricity under a solar power purchase agreement (SPPA) (cl.4(2)). Customers still pay the per‑unit rates and fees set in the SPPA. The exemption is conditional: suppliers must provide a pre‑contract written disclosure with specified items (cl.5) and must give the Coordinator an annual written report on contracts, systems and complaints (cl.6). Suppliers must update disclosures if they become aware they are misleading (cl.5(3))."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text is inaccessible due to the source webpage being offline. Based on the title alone, the instrument appears narrowly focused on granting regulatory exemptions specifically for solar power purchase agreement providers, consistent with its stated purpose."},"complexity_factors":["The actual legislative text is unavailable, making meaningful analysis impossible","Title suggests a narrow, specific exemption instrument rather than broad legislation","Exemption orders under electricity legislation can involve technical regulatory concepts, but scope appears limited to a specific contract type","Complexity cannot be fully assessed without the document content"],"plain_english_summary":"This Western Australian order grants an exemption under the Electricity Industry Act 2004 for solar Power Purchase Agreements (PPAs). It affects third‑party providers who install panels and sell the electricity and the households or businesses that sign PPAs, by specifying when those arrangements can operate without the full licensing or authorisation that would otherwise be required—shaping who can legally offer pay‑as‑you‑go solar in WA."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: exempting specific solar PPA providers from retail licensing requirements while imposing consumer protection conditions. The amendments visible in the compilation table and clause 4 (showing deleted entries) demonstrate administrative updates to the list of approved suppliers rather than scope creep. The core regulatory bargain (licence exemption in exchange for disclosure obligations) has remained unchanged since 2016."},"complexity_factors":["Short length (6 substantive clauses plus definitions)","Only 6 defined terms in the interpretation section","Minimal cross-referencing (primarily to the Electricity Industry Act 2004 section 7(4) and section 47)","Simple conditional structure: exemption applies IF you are on the named list AND you meet disclosure/reporting conditions","Straightforward list-based drafting for the supplier register (clause 4) with deletions tracked through amendment history","No nested exceptions or complex temporal provisions beyond standard commencement clauses"],"plain_english_summary":"This Western Australian law lets specific companies sell solar power to homes and businesses without needing a full electricity retail licence.\n\n**What it does:**\nNormally, anyone selling electricity in WA needs a licence under the *Electricity Industry Act 2004*. This order creates an exemption for certain companies (listed in clause 4) so they can sell power generated by rooftop solar panels through \"solar power purchase agreements\" (PPAs) without that licence.\n\nA **solar power purchase agreement** is basically a contract where a company installs solar panels on your roof (or you lease existing ones) and you buy the electricity they produce, rather than buying the panels outright.\n\n**Who it affects:**\n- **The 20-odd listed companies** (like Origin Energy Retail No. 2, Diamond Energy, and various solar specialists) who can operate under this exemption\n- **Households and businesses** who sign up for these solar deals — they get specific protections\n- **The Coordinator of Energy** — who receives annual reports from these suppliers\n\n**Key protections for customers:**\nBefore signing, companies must give you a **written disclosure statement** explaining:\n- That this solar deal is separate from your normal electricity bill\n- That the company doesn't hold a retail licence\n- How much you'll pay per unit of electricity and how rates can change\n- How long the contract lasts and what happens at the end\n- Who maintains and repairs the system\n- How to complain if things go wrong\n\nCompanies must also **report annually** to the government on how many customers they have and any complaints received.\n\n**Why it matters:**\nThis allows solar companies to offer \"zero upfront cost\" solar deals to WA consumers without the heavy regulatory burden of a full electricity licence. But it balances that flexibility with transparency requirements to protect consumers from dodgy operators."},"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-industry-solar-power-purchase-agreements-exemption-order-2016","history":"/api/acts/electricity-industry-solar-power-purchase-agreements-exemption-order-2016/history","analysis":"/api/acts/electricity-industry-solar-power-purchase-agreements-exemption-order-2016/analysis","conflicts":"/api/acts/electricity-industry-solar-power-purchase-agreements-exemption-order-2016/conflicts","importantCases":"/api/acts/electricity-industry-solar-power-purchase-agreements-exemption-order-2016/important-cases","documents":"/api/acts/electricity-industry-solar-power-purchase-agreements-exemption-order-2016/documents"}}