{"id":"energy-coordination-last-resort-supply-regulations-2005","name":"Energy Coordination (Last Resort Supply) Regulations 2005","slug":"energy-coordination-last-resort-supply-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176559,"registerId":"wa-energy-coordination-last-resort-supply-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Energy Coordination (Last Resort Supply) Regulations 2005","content":"![Crest]()Western Australia\n\nEnergy Coordination Act 1994\n\nEnergy Coordination (Last Resort Supply) Regulations 2005\n\nWestern Australia\n\nEnergy Coordination (Last Resort Supply) Regulations 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used in these regulations 1\n\nPart 2 — Last resort supply plan\n\n4. Objectives of last resort supply plan 3\n\n5. General content of last resort supply plan 3\n\n6. Grace periods 4\n\n7. Last resort supply fee 4\n\n8. Notification procedures for the supplier of last resort 5\n\nPart 3 — Miscellaneous\n\n9. Supplier of last resort to consult 7\n\n10. Notification procedures for the Authority 7\n\n11. Supply to transferred customers governed by standard form contract 8\n\nNotes\n\nCompilation table 9\n\nDefined terms\n\n  \n\nWestern Australia\n\nEnergy Coordination Act 1994\n\nEnergy Coordination (Last Resort Supply) Regulations 2005\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese regulations are the *Energy Coordination (Last Resort Supply) Regulations 2005*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which Part 3 Division 8 of the *Energy Legislation Amendment Act 2003* comes into operation.\n\n##### 3. Terms used in these regulations\n\nIn these regulations, unless the contrary intention appears —\n\n  affected participant, in relation to a last resort supply plan, means —\n\n(a) a person who operates a pipeline that is used to transport gas into a distribution system in the relevant supply area;\n\n(b) a person who holds a distribution licence for a distribution system in the relevant supply area;\n\n(c) a person who holds a trading licence for the sale of gas in the relevant supply area;\n\n(d) a person who sells gas to the supplier of last resort for supply by the supplier of last resort to customers in the relevant supply area;\n\n(e) a person who is prescribed for the purposes of section 11ZOD(1)(b) in relation to the retail market rules for a distribution system in the relevant supply area; and\n\n(f) the formal entity referred to in section 11ZOF(1)(b) for an approved retail market scheme for a distribution system in the relevant supply area,\n\nbut does not include the supplier of last resort;\n\n  another supplier means a person who holds a trading licence, including the supplier of last resort;\n\n  customers, in relation to a last resort supply plan, means the small use customers to whom the plan applies;\n\n  grace period has the meaning given to that term in regulation 6(1);\n\n  last resort supply fee means the fee referred to in regulation 7(1);\n\n  relevant supply area means the supply area to which a last resort supply plan applies;\n\n  section means a section of the Act;\n\n  transfer means the transfer of customers to a supplier of last resort under a last resort supply plan;\n\n  transferred customer means a customer who is transferred to a supplier of last resort under a last resort supply plan.\n\n## Part 2 — Last resort supply plan\n\n##### 4. Objectives of last resort supply plan\n\n(1) A last resort supply plan must meet the objectives set out in subregulation (2).\n\n(2) The objectives are that the plan will, if it comes into operation —\n\n(a) adequately safeguard the interests of customers and ensure continuity in the supply of gas to customers;\n\n(b) ensure that adequate information is given to customers about the arrangements for the supply of gas;\n\n(c) ensure that the terms and conditions under which gas is supplied to customers by the supplier of last resort, and the prices associated with that supply, are equitable; and\n\n(d) set out arrangements that are inexpensive to implement and enable the supplier of last resort to recover its costs.\n\n##### 5. General content of last resort supply plan\n\nA last resort supply plan must set out —\n\n(a) the rights, powers and duties of the supplier of last resort and affected participants if the plan comes into operation;\n\n(b) a general description of any contractual arrangements entered into by the supplier of last resort that are necessary to ensure the supply of gas if the plan comes into operation;\n\n(c) provisions that ensure that adequate information is given to customers about the arrangements under the plan; and\n\n(d) the process for the transfer of customers to the supplier of last resort including provisions about —\n\n(i) when the transfer will occur; and\n\n(ii) the terms and conditions under which it will occur.\n\n##### 6. Grace periods\n\n(1) A last resort supply plan may make provision for customers to be given a period of time (a grace period) in which they can transfer to another supplier instead of being transferred to the supplier of last resort under the plan.\n\n(2) If a last resort supply plan makes provision for a grace period, the plan must —\n\n(a) specify when the grace period begins and when it ends; and\n\n(b) provide that, if a customer does not transfer to another supplier during the grace period, the customer will be transferred to the supplier of last resort as soon as is practicable after the end of the grace period.\n\n##### 7. Last resort supply fee\n\n(1) A last resort supply plan may make provision for a fee payable by transferred customers to the supplier of last resort.\n\n(2) If a last resort supply plan makes provision for a last resort supply fee, the plan must specify —\n\n(a) the amount of the fee;\n\n(b) the method used to calculate it; and\n\n(c) when it is payable.\n\n(3) The method used to calculate the last resort supply fee must take into account —\n\n(a) the benefits that the supplier of last resort forecasts it will receive; and\n\n(b) the costs that the supplier of last resort forecasts it will incur,\n\nif the last resort supply plan comes into operation under section 11ZAD.\n\n(4) Before approving or determining under section 11ZAG a last resort supply plan that makes provision for a last resort supply fee, the Authority must be satisfied that the last resort supply fee reflects the reasonable costs of the supplier of last resort in carrying out the arrangements and provisions in the plan.\n\n##### 8. Notification procedures for the supplier of last resort\n\n(1) A last resort supply plan must make provision for the supplier of last resort to give each transferred customer notice of the transfer as soon as is practicable after the transfer occurs.\n\n(2) The plan must require the notice to be in writing and to contain the following information —\n\n(a) the reasons for the order under section 11ZAD(1);\n\n(b) the day on which the last resort supply plan came into operation (being the day referred to in section 11ZAD(1));\n\n(c) an outline of the effect of the arrangements under the last resort supply plan including —\n\n(i) when the transfer occurred;\n\n(ii) the terms and conditions under which the transfer occurred;\n\n(iii) that consent was not required for the transfer;\n\n(iv) the terms and conditions under which gas is supplied to the customer by the supplier of last resort, including any requirement to pay a last resort supply fee; and\n\n(v) the duration of the arrangements;\n\nand\n\n(d) contact details for the supplier of last resort including the supplier’s —\n\n(i) business name;\n\n(ii) business address;\n\n(iii) postal address;\n\n(iv) email address;\n\n(v) internet website address; and\n\n(vi) telephone number.\n\n## Part 3 — Miscellaneous\n\n##### 9. Supplier of last resort to consult\n\nA supplier of last resort must consult with the Authority and affected participants when preparing a draft last resort supply plan under section 11ZAF(a).\n\n##### 10. Notification procedures for the Authority\n\n(1) As soon as is practicable after the publication of an order under section 11ZAD(1), the Authority must —\n\n(a) give the supplier of last resort and each affected participant notice in writing of the order; and\n\n(b) publish a notice in a newspaper circulating in the relevant supply area.\n\n(2) A notice under subregulation (1)(b) must —\n\n(a) state that the Authority has made an order under section 11ZAD(1);\n\n(b) specify the reasons for the order;\n\n(c) specify the day on which the last resort supply plan comes into operation (being the day referred to in section 11ZAD(1)); and\n\n(d) give contact details for the supplier of last resort including the supplier’s —\n\n(i) business name;\n\n(ii) business address;\n\n(iii) postal address;\n\n(iv) email address;\n\n(v) internet website address; and\n\n(vi) telephone number.\n\n(3) A notice under subregulation (1)(b) must also give an outline of the effect of the arrangements under the last resort supply plan including —\n\n(a) the process for the transfer of customers to the supplier of last resort, including information about —\n\n(i) when the transfer will occur; and\n\n(ii) the terms and conditions under which it will occur;\n\n(b) that consent is not required for the transfer;\n\n(c) the terms and conditions under which gas will be supplied to transferred customers by the supplier of last resort, including any requirement to pay a last resort supply fee and, if there is such a requirement, the amount of the fee; and\n\n(d) if the last resort supply plan makes provision for a grace period —\n\n(i) when the grace period begins and when it ends; and\n\n(ii) the right of customers, during the grace period, to transfer to another supplier.\n\n##### 11. Supply to transferred customers governed by standard form contract\n\n(1) On and from the day on which a transfer occurs each transferred customer is to be taken to have entered into the supplier of last resort’s standard form contract for the supply of gas.\n\n(2) In subregulation (1) —\n\n  standard form contract has the meaning given to that term in section 11WB.\n\nNotes\n\n1 This is a compilation of the *Energy Coordination (Last Resort Supply) Regulations 2005*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Energy Coordination (Last Resort Supply) Regulations 2005* | 13 May 2005 p. 2059‑70 | 14 May 2005 (see r. 2 and *Gazette* 13 May 2005 p. 2073) |\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\naffected participant 3\n\nanother supplier 3\n\ncustomers 3\n\ngrace period 3, 6(1)\n\nlast resort supply fee 3\n\nrelevant supply area 3\n\nsection 3\n\nstandard form contract 11(2)\n\ntransfer 3\n\ntransferred customer 3\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable. No comparison between original intent and enacted provisions is possible from the available material."},"complexity_factors":["Legislative text is entirely unavailable — only an error page was provided","Cannot assess true complexity without substantive content","Score of 2 reflects minimal analysable material, not simplicity of the law itself","Title suggests potential interaction with multiple energy market regulatory frameworks, which could increase complexity if text were available"],"plain_english_summary":"This WA regulation under the Energy Coordination Act concerns \"last resort supply\" — the backup arrangements if an electricity or gas retailer fails. The full text is unavailable online, so specifics can’t be confirmed; generally it would affect retailers and their customers by designating a back-up supplier and governing continuity, notifications and billing during transitions. Check the WA legislation site for the authoritative instrument."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement and elaborate the Act’s existing last‑resort supply mechanism rather than broadening its substantive scope. They specify procedural and content requirements for last resort supply plans — objectives, consultation, notification, fee calculation/approval, grace periods and contract deeming — but do not expand the categories of persons or powers established in the Act (see regs 3–11 and relevant Act sections)."},"complexity_factors":["Cross‑references to the Energy Coordination Act and specific Act powers (e.g. section 11ZAD/11ZAF/11ZAG) require reading the regulations alongside the Act to understand legal effect.","Defined‑term network — multiple actor categories (affected participant, another supplier, transferred customer) create interplay between pipelines, distributors, retailers and the supplier of last resort (reg 3).","Discretion and oversight: the Authority must be satisfied fees reflect reasonable costs before approving plans (reg 7(4)), introducing subjective review.","Optional provisions in plans (grace periods, last resort supply fee) leave material design choices to the supplier of last resort and participants (regs 6 and 7), increasing variability.","Compliance and notification burden: detailed written notice requirements to transferred customers and public notices in a newspaper are mandated (regs 8, 10), creating operational tasks.","Automatic contract deeming: transferred customers are taken to have entered the supplier’s standard form contract on transfer (reg 11), affecting consumer contract status without individual consent.","Plan content requirements are prescriptive yet broad (rights, powers, contractual arrangements, information, transfer process) so drafting needs legal and commercial detail (reg 5)."],"plain_english_summary":"These regulations set out the content and procedures for a ‘‘last resort’’ gas‑supply plan that kicks in if a retailer can’t continue. They prescribe how small‑use customers are transferred to a supplier of last resort, the notice and consultation steps, and how any transfer fee is calculated and approved. The rules affect transferred customers, the supplier of last resort, pipeline and distribution operators, other retailers and the regulator, and matter because they govern continuity of supply and the supplier’s cost recovery."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing procedural frameworks for emergency gas supply when retailers fail. The scope has not expanded beyond the specific contingency planning mechanism contemplated by the parent Act's Part 3 Division 8."},"complexity_factors":["Short length (11 regulations total)","Minimal cross-referencing — only references to specific sections of the parent Energy Coordination Act 1994 (sections 11ZAD, 11ZAF, 11ZAG, 11WB, 11ZOD, 11ZOF)","Straightforward structure with clear Part divisions (Preliminary, Last Resort Supply Plan, Miscellaneous)","9 defined terms in the interpretation section, all with clear, contained definitions","No nested exceptions or complex conditional logic — most provisions use simple 'if X, then Y' structure","Single jurisdiction (Western Australia only) with no intergovernmental arrangements"],"plain_english_summary":"This Western Australian law sets up a safety net for gas customers when their energy retailer goes bust or stops operating. Think of it as an emergency backup system.\n\n**What it does:**\n- Creates a \"last resort supply plan\" — a pre-arranged emergency protocol that kicks in when a gas retailer fails\n- Appoints a \"supplier of last resort\" (a backup energy company) to take over customers automatically so their gas doesn't get cut off\n- Sets rules for how this handover happens and what customers must be told\n\n**Who it affects:**\n- **Small gas customers** (households and small businesses) in Western Australia\n- **Gas companies** — the backup supplier, pipeline operators, distributors, and other retailers in the affected area\n- **The Economic Regulation Authority** (the government body that oversees energy markets)\n\n**Key protections for customers:**\n- **No disconnection**: Your gas keeps flowing even if your retailer collapses\n- **Grace period**: You get a window of time to shop around and switch to a different retailer before being locked into the backup supplier\n- **Written notice**: You must be told what happened, why, and what your new terms are\n- **Fair pricing**: Any special fees must reflect actual reasonable costs, not price gouging\n- **Standard contract**: You're automatically put on the backup supplier's standard deal (no nasty surprises)\n\n**Why it matters:**\nWithout this system, if your gas retailer went bankrupt, your supply could be cut off while everyone figured out what to do. These regulations ensure continuity — someone is always legally responsible for keeping the gas flowing, and customers have rights and information during what could be a stressful transition."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/energy-coordination-last-resort-supply-regulations-2005","history":"/api/acts/energy-coordination-last-resort-supply-regulations-2005/history","analysis":"/api/acts/energy-coordination-last-resort-supply-regulations-2005/analysis","conflicts":"/api/acts/energy-coordination-last-resort-supply-regulations-2005/conflicts","importantCases":"/api/acts/energy-coordination-last-resort-supply-regulations-2005/important-cases","documents":"/api/acts/energy-coordination-last-resort-supply-regulations-2005/documents"}}