{"id":"energy-coordination-designation-of-inspectors-regulations-1995","name":"Energy Coordination (Designation of Inspectors) Regulations 1995","slug":"energy-coordination-designation-of-inspectors-regulations-1995","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176546,"registerId":"wa-energy-coordination-designation-of-inspectors-regulations-1995-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Energy Coordination (Designation of Inspectors) Regulations 1995","content":"![Crest]()Western Australia\n\nEnergy Coordination Act 1994\n\nEnergy Coordination (General) Regulations 1995\n\nWestern Australia\n\nEnergy Coordination (General) Regulations 1995\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used in these regulations 1\n\n4. Forms 1\n\nPart 2 — Designation of inspectors\n\n5. Classification of inspectors 2\n\n6. Qualification of inspectors 2\n\n7. Power of inspectors 2\n\n8. Variation or cancellation of certificate 3\n\nPart 3 — Infringement notices\n\n9. Prescribed offences and modified penalties 4\n\n10. Authorised officers and approved officers 4\n\nPart 4 — Appeals under section 19B(2)(b) of the Act\n\n11. Terms used in this Part 5\n\n12. Technical review panel 5\n\n13. Procedure 6\n\nSchedule 1 — Forms\n\nForm 1 — Certificate of designation 7\n\nForm 2 — Infringement notice 8\n\nForm 3 — Withdrawal of infringement notice 10\n\nSchedule 2 — Prescribed offences and modified penalties\n\nNotes\n\nCompilation table 12\n\nOther notes 13\n\nDefined terms\n\n  \n\nEnergy Coordination Act 1994\n\nEnergy Coordination (General) Regulations 1995\n\n## Part 1 — Preliminary\n\n[Heading inserted: Gazette 20 Mar 2007 p. 1044.]\n\n##### 1. Citation\n\nThese regulations may be cited as the *Energy Coordination (General) Regulations 1995*.\n\n[Regulation 1 amended: Gazette 20 Mar 2007 p. 1044; 30 Nov 2007 p. 5931.]\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Energy Coordination Act 1994* comes into operation.\n\n##### 3. Terms used in these regulations\n\nIn these regulations, unless the contrary intention appears —\n\n  issuing authority, in relation to an inspector designated under section 12 of the Act by the Director, means the Director;\n\n  the Act means the *Energy Coordination Act 1994*.\n\n[Regulation 3 amended: Gazette 5 Nov 2004 p. 4982.]\n\n##### 4. Forms\n\nThe forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms.\n\n[Regulation 4 inserted: Gazette 20 Mar 2007 p. 1044.]\n\n## Part 2 — Designation of inspectors\n\n[Heading inserted: Gazette 20 Mar 2007 p. 1044.]\n\n##### 5. Classification of inspectors\n\nInspectors designated pursuant to section 12 of the Act shall be classified as follows —\n\n(a) Inspector (Gas); or\n\n(b) Inspector (Electricity).\n\n##### 6. Qualification of inspectors\n\nA person shall not be designated as an inspector unless the issuing authority is satisfied that the person has such qualifications and experience as will enable that person to carry out in a proper and efficient manner the duties of an inspector of the classification specified in the instrument of designation of that person.\n\n[Regulation 6 amended: Gazette 5 Nov 2004 p. 4982.]\n\n##### 7. Power of inspectors\n\nThe powers conferred on an inspector having the classification specified in Column 1 of the Table to this regulation may only be exercised —\n\n(a) for the purpose of an Act specified in Column 2 of that Table opposite, and corresponding to, that classification; and\n\n(b) subject to any limitation, and any restriction, specified in the certificate of designation held by that person.\n\n**Table**\n\n| **Column 1**<br>**Classification of Inspector** | **Column 2**<br>**Acts** |\n| --- | --- |\n| Inspector (Gas) | *Gas Standards Act 1972*, *Energy Coordination Act 1994* |\n| Inspector (Electricity) | *Electricity Act 1945*, *Energy Coordination Act 1994* |\n\n\n##### 8. Variation or cancellation of certificate\n\n(1) Any certificate of designation furnished to an inspector pursuant to section 13 of the Act may be varied or cancelled by the issuing authority.\n\n(2) Where a certificate of designation is varied or cancelled under subregulation (1), the person in respect of whom the certificate was issued shall return the certificate to the issuing authority.\n\n(3) A person who fails to comply with subregulation (2) commits an offence.\n\nPenalty: $200.\n\n## Part 3 — Infringement notices\n\n[Heading inserted: Gazette 20 Mar 2007 p. 1044.]\n\n##### 9. Prescribed offences and modified penalties\n\n(1) The offences specified in Schedule 2 are offences for which an infringement notice may be issued under the *Criminal Procedure Act 2004* Part 2.\n\n(2) The modified penalty specified opposite an offence in Schedule 2 is the modified penalty for that offence for the purposes of the *Criminal Procedure Act 2004* section 5(3).\n\n[Regulation 9 inserted: Gazette 20 Mar 2007 p. 1044.]\n\n##### 10. Authorised officers and approved officers\n\n(1) The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the *Criminal Procedure Act 2004* Part 2.\n\n(2) The Director is to issue to each authorised officer a certificate of his or her appointment.\n\n[Regulation 10 inserted: Gazette 20 Mar 2007 p. 1045; amended: Gazette 6 Nov 2009 p. 4467.]\n\n## Part 4 — Appeals under section 19B(2)(b) of the Act\n\n[Heading inserted: Gazette 30 Nov 2007 p. 5931.]\n\n##### 11. Terms used in this Part\n\nIn this Part —\n\n  appeal means an appeal under section 19B(2)(b) of the Act;\n\n  appellant means a network operator who commences an appeal;\n\n  technical review panel means a panel mentioned in section 19B(2)(b) of the Act.\n\n[Regulation 11 inserted: Gazette 30 Nov 2007 p. 5931‑2.]\n\n##### 12. Technical review panel\n\n(1) If an appeal is made under section 19B(2)(b) of the Act, the chief executive officer must convene a technical review panel.\n\n(2) The technical review panel is to consist of 3 professional engineers who are competent to deal with the matter the subject of the appeal appointed by the chief executive officer from individuals nominated by the President of the Western Australian Division of The Institution of Engineers Australia.\n\n(3) The chief executive officer must appoint one of the members of the technical review panel to be the chairperson.\n\n(4) The chief executive officer may —\n\n(a) direct that the members of the technical review panel are to be paid remuneration; and\n\n(b) determine the amount of any such payments on the recommendation of the Public Sector Commissioner.\n\n(5) The chief executive officer must provide the technical review panel with such support services as it may reasonably require.\n\n[Regulation 12 inserted: Gazette 30 Nov 2007 p. 5932; amended: Gazette 11 Feb 2011 p. 506‑7.]\n\n##### 13. Procedure\n\n(1) An appeal must be commenced by the appellant giving the chief executive officer a notice of appeal.\n\n(2) The notice of appeal must —\n\n(a) be in writing; and\n\n(b) set out the grounds of appeal; and\n\n(c) set out any representations that the appellant wishes to make in support of the appeal.\n\n(3) The notice of appeal must be given to the chief executive officer within 30 days after the day on which the appellant received —\n\n(a) written notice of the Director’s determination under section 19A(5) of the Act; or\n\n(b) written notice of the Director’s refusal to approve an agreement reached under section 18C(6) of the Act.\n\n(4) The chief executive officer must give the technical review panel the notice of appeal as soon as practicable after the technical review panel is convened.\n\n(5) Subject to subregulation (6), the technical review panel may determine its own procedure.\n\n(6) The technical review panel must give the Director —\n\n(a) a copy of the notice of appeal; and\n\n(b) a reasonable opportunity to make submissions in relation to the appeal.\n\n(7) The technical review panel must complete the review by making a decision under section 19B(3) of the Act within the period specified by the chief executive officer in writing.\n\n(8) The technical review panel must give the appellant and the Director written notice of its decision made under section 19B(3) of the Act.\n\n[Regulation 13 inserted: Gazette 30 Nov 2007 p. 5932‑3.]\n\nSchedule 1 — Forms\n\n[r. 4]\n\n[Heading inserted: Gazette 20 Mar 2007 p. 1045.]\n\nForm 1 — Certificate of designation\n\n*Energy Coordination Act 1994*\n\n*Energy Coordination (General) Regulations 1995* 2\n\n**CERTIFICATE OF DESIGNATION**\n\nThis is to certify that .............................................................................................. is designated an *Inspector (Gas)/*Inspector (Electricity) for the purposes of the following Acts:\n\n.................................................................................................................................\n\n.................................................................................................................................\n\nPowers of inspection that may be exercised: ...............................................\n\n....................................................................................................................\n\n....................................................................................................................\n\n....................................................................................................................\n\nLimitations/Restrictions applicable: ............................................................\n\n....................................................................................................................\n\n....................................................................................................................\n\n....................................................................................................................\n\n....................................................................................................................\n\n....................................................................................................................\n\n....................................................................................................................\n\nThis designation has effect until .................................................................. (date)\n\nDIRECTOR OF ENERGY SAFETY\n\n*Delete as inapplicable.\n\nDated ................................... 20....... Certificate No. ......................................\n\n[Form 1 amended: Gazette 5 Nov 2004 p. 4982‑3; 20 Mar 2007 p. 1045.]\n\nForm 2 — Infringement notice\n\n- *Energy Coordination Act 1994***Infringement notice** Infringement\nnotice no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name ____________________________________ ACN\n- Address ________________________________________________ Postcode\n- **Alleged offence** Description of offence _____________________________________\n- *Energy Coordination Act 1994* s.\n- Date / /20 Time a.m./p.m.\n- Modified penalty $\n- **Officer issuing notice** Name\n- Signature\n- Office\n- **Date** Date of notice / /20\n- **Notice to alleged offender** It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice. **By post:** Send a cheque or money order (payable to ‘Director of Energy Safety’) to: Director of Energy Safety *[Address]* **In person:** Pay the cashier at: Energy Safety *[Address]* **If you do not pay** the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the *Fines, Penalties and Infringement Notices Enforcement Act 1994*. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.**If you need more time** to pay the modified penalty, you can apply for an extension of time by writing to the Director of Energy Safety at the above address. **If you want this matter to be dealt with by prosecution in court,** tick this box ❑ and post this notice to the Director of Energy Safety at the above address within 28 days after the date of this notice.\n\n\n[Form 2 inserted: Gazette 20 Mar 2007 p. 1045‑6; amended: Gazette 20 Aug 2013 p. 3831; SL 2020/163 r. 26.]\n\nForm 3 — Withdrawal of infringement notice\n\n- *Energy Coordination Act 1994***Withdrawal of infringement notice** Withdrawal no.\n- **Alleged offender** Name: Family name\n- Given names\n- or Company name _____________________________________ ACN\n- Address _______________________________________________________ Postcode\n- **Infringement notice** Infringement notice no.\n- Date of issue / /20\n- **Alleged offence** Description of offence ____________________________________\n- *Energy Coordination Act 1994* s.\n- Date / /20 Time a.m./p.m.\n- **Officer withdrawing notice** Name\n- Signature\n- Office\n- **Date** Date of withdrawal / /20\n- **Withdrawal of infringement notice***[*delete\nwhichever\nis not applicable]* The above infringement notice issued against you has been withdrawn.If you have already paid the modified penalty for the alleged offence you are entitled to a refund.* Your refund is enclosed.*or** If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to:Director of Energy Safety *[Address]* Signature / /20\n\n\n[Form 3 inserted: Gazette 20 Mar 2007 p. 1046.]\n\nSchedule 2 — Prescribed offences and modified penalties\n\n[r. 9]\n\n[Heading inserted: Gazette 6 Nov 2009 p. 4468.]\n\n| **Offences under *Energy Coordination Act 1994*** | | **Modified penalty** | |\n| --- | --- | --- | --- |\n|  | **Individual** | **Body corporate** |\n| s. 20(1)(b) | Failing to give inspector access to land, premises or thing, or to give reasonable assistance, when required under s. 14(b) | $1 000 | $5 000 |\n| s. 20(2) | Failing to provide information, records or documents when requested under s. 14(d) | $1 000 | $5 000 |\n| s. 20(3) | Giving false or misleading information in response to a request under s. 14(d) | $1 000 | $5 000 |\n| s. 20(4) | Failing to comply with order given by inspector under s. 18 | $2 000 | $10 000 |\n| s. 20(4) | Failing to comply with order given by inspector under s. 18A, 18B or 18C | $3 000 | $15 000 |\n\n\n[Schedule 2 inserted: Gazette 6 Nov 2009 p. 4468.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Energy Coordination (General) Regulations 1995* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | | **Published** | **Commencement** |\n| --- | --- | --- | --- |\n| *Energy Coordination (Designation of Inspectors) Regulations 1995* 1 | 23 Dec 1994 p. 7139‑42 | 1 Jan 1995 (see r. 2 and *Gazette* 23 Dec 1994 p. 7069) | | |\n| **Reprint 1: The *Energy Coordination (Designation of Inspectors) Regulations 1995* as at 7 May 2004** | | | | |\n| *Energy Coordination (Designation of Inspectors) Amendment Regulations 2004* | 5 Nov 2004 p. 4982‑3 | 5 Nov 2004 | | |\n| *Energy Coordination (Designation of Inspectors) Amendment Regulations 2007* | 20 Mar 2007 p. 1043‑7 | 20 Mar 2007 | | |\n| *Energy Coordination (Inspectors and Infringement Notices) Amendment Regulations 2007* | 30 Nov 2007 p. 5931‑3 | r. 1 and 2: 30 Nov 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Dec 2007 (see r. 2(b) and *Gazette* 30 Nov 2007 p. 5927) | | |\n| **Reprint 2: The *Energy Coordination (General) Regulations 1995* as at 25 Jan 2008** (includes amendments listed above) | | | | |\n| *Energy Coordination (General) Amendment Regulations 2009* | 6 Nov 2009 p. 4467-8 | r. 1 and 2: 6 Nov 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 7 Nov 2009 (see r. 2(b)) | | |\n| *Public Sector Reform (Consequential Amendments) Regulations 2011* r. 20 | | 11 Feb 2011 p. 502‑7 | 12 Feb 2011 (see r. 2(d)) | |\n| *Energy Coordination (General) Amendment Regulations 2013* | | 20 Aug 2013 p. 3831 | r. 1 and 2: 20 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and *Gazette* 20 Aug 2013 p. 3815) | |\n| *Commerce Regulations Amendment (Infringement Notices) Regulations 2020* Pt. 13 | | SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |\n\n\nOther notes\n\n1 Citation was initially the *Energy Coordination (Designation of Inspectors) Regulations 1995* and was subsequently changed to the *Energy Coordination (Inspectors and Infringement Notices) Regulations 1995* then to the *Energy Coordination (General) Regulations 1995* (see note under r. 1).\n\n2 Formerly referred to the *Energy Coordination (Inspectors and Infringement Notices) Regulations 1995* the citation of which was changed (see note under r. 1). This reference was changed under the *Reprints Act 1984* s. 7(3)(gb).\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\nappeal 11\n\nappellant 11\n\nissuing authority 3\n\ntechnical review panel 11\n\nthe Act 3\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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument began as a designation regime for inspectors but was expanded by later amendments to add infringement notices and modified penalties (Schedule 2), empower the Director to appoint authorised/approved officers to issue notices (reg 10), and to create an appeals process via a technical review panel for network operators (regs 11–13). These changes broadened the regulations from personnel designation to include enforcement, penalties and an independent technical review mechanism; enforcement costs fall on individuals and corporations as listed in Schedule 2, while key discretionary choices rest with the Director (regs 6–10)."},"complexity_factors":["Cross-references to multiple primary Acts (Energy Coordination Act 1994, Gas Standards Act 1972, Electricity Act 1945) increase legal interdependence (reg 7).","Discretion concentrated in the Director (designation, variation/cancellation, appointment of authorised officers, issuance of certificates) creates administrative decision points (regs 3, 6, 8, 10).","Prescribed offences and differing modified penalties for individuals and bodies corporate are tabulated in Schedule 2, requiring organisations to map conduct to monetary exposure.","Appeal process uses an external technical review panel of professional engineers with procedural timelines and support/remuneration mechanisms, adding procedural layers (regs 11–13).","Multiple prescribed forms (Schedule 1) and offence/penalty mechanics integrate with broader enforcement infrastructure (Criminal Procedure Act 2004; forms and schedules).","Statutory timelines (30 days for appeals; 28 days for infringement payments) create compliance deadlines for affected parties (reg 13; Form 2)."],"plain_english_summary":"These regulations set out how Western Australia designates energy inspectors (Gas or Electricity), the qualifications and limits attached to their certificates, and the Director’s powers to vary or cancel designations (regs 5–8). They also prescribe infringement offences and modified penalties, authorise officers to issue infringement notices, and establish a technical review panel and procedure for network operators to appeal certain Director decisions (regs 9–13). The rules affect inspectors, network operators, and persons or corporations subject to inspection and fines."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original scope. It began as the 'Energy Coordination (Designation of Inspectors) Regulations 1995' focused solely on appointing inspectors. It was later renamed to 'Energy Coordination (Inspectors and Infringement Notices) Regulations 1995' when infringement notices were added in 2007, and finally became the 'Energy Coordination (General) Regulations 1995' when appeals procedures were added in 2007. The current version covers three distinct areas: inspector designation, infringement notices, and technical review appeals - significantly broader than the original inspector appointment focus."},"complexity_factors":["Short length (13 regulations plus schedules)","Only 5 defined terms in the interpretation section","Simple structure with clear Parts covering distinct topics (inspectors, infringement notices, appeals)","Minimal cross-referencing - mainly refers back to the parent Energy Coordination Act 1994","Straightforward conditional logic (e.g., 'if an appeal is made, the CEO must convene a panel')","No nested exceptions or complex deeming provisions","Forms are prescribed in Schedule 1 rather than embedded in legislative text"],"plain_english_summary":"This is a Western Australian regulation that sets up the rules for energy safety inspectors and how they enforce the law.\n\n**What it does:**\n- **Creates two types of inspectors**: Gas inspectors and Electricity inspectors who check that gas and electrical work meets safety standards.\n- **Sets qualifications**: Inspectors must have proper skills and experience for their job.\n- **Limits their powers**: Each inspector can only use their powers under specific laws (the Gas Standards Act 1972 or Electricity Act 1945) and must follow any restrictions written on their official certificate.\n- **Allows on-the-spot fines**: Instead of going to court for minor offences, people can pay a set fine (called an 'infringement notice' or 'modified penalty'). The regulation lists specific offences like refusing to let an inspector in, not providing documents, giving false information, or ignoring safety orders.\n- **Sets up an appeal process**: If a network operator disagrees with a Director's decision, they can appeal to a panel of three engineers who review the technical details.\n\n**Who it affects:**\n- Gas and electricity companies (network operators)\n- Licensed gasfitters and electricians\n- Property owners who need inspections\n- The inspectors themselves and the Director of Energy Safety\n\n**Why it matters:**\nThis regulation keeps the lights on and the gas flowing safely. It gives inspectors the legal authority to enter properties, check work, demand documents, and issue orders to fix dangerous situations. The infringement notice system means minor safety breaches can be dealt with quickly without clogging up the courts, while the appeal process gives companies a fair way to challenge decisions they think are wrong."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No content was retrieved beyond the page title and a website migration notice."},"complexity_factors":["No legislative text was retrievable — the page is unavailable due to a website migration","Only the title and administrative notices were accessible, making substantive analysis impossible","Complexity cannot be meaningfully assessed without the actual regulatory content"],"plain_english_summary":"## Energy Coordination (Designation of Inspectors) Regulations 1995\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian regulation could not be retrieved. The page hosting this legislation has been moved or removed as part of a website system upgrade.\n\n**What we know from the title alone:**\n- This is a **Western Australian regulation** (a type of law made under a parent Act called the *Energy Coordination Act*)\n- It dates from **1995**\n- Its purpose appears to relate to the **designation (official appointment) of inspectors** in the energy sector — likely empowering certain officials to inspect energy infrastructure, businesses, or compliance with energy laws in WA\n\n**Who it may affect:** Energy companies, utilities, and potentially consumers in Western Australia who are subject to energy compliance inspections.\n\n**To find the current text:** Visit the Western Australian Parliamentary Counsel's Office website (legislation.wa.gov.au) and search for this regulation directly."}},"importantCases":[],"_links":{"self":"/api/acts/energy-coordination-designation-of-inspectors-regulations-1995","history":"/api/acts/energy-coordination-designation-of-inspectors-regulations-1995/history","analysis":"/api/acts/energy-coordination-designation-of-inspectors-regulations-1995/analysis","conflicts":"/api/acts/energy-coordination-designation-of-inspectors-regulations-1995/conflicts","importantCases":"/api/acts/energy-coordination-designation-of-inspectors-regulations-1995/important-cases","documents":"/api/acts/energy-coordination-designation-of-inspectors-regulations-1995/documents"}}