{"id":"energy-safety-regulations-2006","name":"Energy Safety Regulations 2006","slug":"energy-safety-regulations-2006","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176575,"registerId":"wa-energy-safety-regulations-2006-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Energy Safety Regulations 2006","content":"![Crest]()Western Australia\n\nEnergy Safety Act 2006\n\nEnergy Safety Regulations 2006\n\nWestern Australia\n\nEnergy Safety Regulations 2006\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Penalty for non‑payment of levy (section 18(1)) 1\n\n4. Provision of information to Director of Energy Safety 1\n\n5. Prescribed offences and modified penalties 3\n\n6. Authorised officers and approved officers 3\n\n7. Forms 3\n\nSchedule 1 — Prescribed offences and modified penalties\n\nSchedule 2 — Forms\n\nNotes\n\nCompilation table 9\n\n  \n\nEnergy Safety Act 2006\n\nEnergy Safety Regulations 2006\n\n##### 1. Citation\n\nThese regulations are the *Energy Safety Regulations 2006*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Energy Safety Act 2006* comes into operation.\n\n##### 3. Penalty for non‑payment of levy (section 18(1))\n\nIf an amount of a levy remains unpaid after the day on which it becomes due for payment, there is payable to the chief executive officer by way of penalty, in addition to the amount of the levy, an amount calculated at the rate of 20% per annum upon the amount of the levy from time to time remaining unpaid.\n\n##### 4. Provision of information to Director of Energy Safety\n\n(1) The Director of Energy Safety may publish in the *Gazette* and twice in a daily newspaper circulating generally in the State a notice specifying —\n\n(a) any of the persons or classes of persons that are included within the definition of “energy industry participant” in the Act; and\n\n(b) a date, being not earlier than 28 days after the publication of the notice in the *Gazette*, by which those persons must comply with subregulation (2).\n\n(2) An energy industry participant of a class or type specified in a notice published in accordance with subregulation (1) must give to the Director of Energy Safety in writing, within the time specified in the notice, the following information —\n\n(a) the name, address and telephone number of the energy industry participant;\n\n(b) a brief description of the energy industry participant’s business.\n\nPenalty: a fine of $5 000.\n\n(3) The Director of Energy Safety may, by written notice given to any person —\n\n(a) require the person to provide to the Director of Energy Safety such information as is described in the notice, for the purpose of determining whether the person is an energy industry participant; and\n\n(b) specify a date, being not earlier than 28 days after the issue of the notice, by which the person is required to provide the information.\n\n(4) A person who does not comply with a requirement under subregulation (3) commits an offence.\n\nPenalty: a fine of $5 000.\n\n(5) The Director of Energy Safety may, by written notice given to an energy industry participant —\n\n(a) require the energy industry participant to provide to the Director of Energy Safety such information as is described in the notice, for the purpose of determining whether the energy industry participant is liable to pay a levy and, if so, the amount of the levy; and\n\n(b) specify a date, being not earlier than 28 days after the issue of the notice, by which the energy industry participant is required to provide the information.\n\n(6) A person who does not comply with a requirement under subregulation (5) commits an offence.\n\nPenalty: a fine of $10 000.\n\n##### 5. Prescribed offences and modified penalties\n\n(1) The offences specified in Schedule 1 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 1 is the modified penalty for that offence for the purposes of the *Criminal Procedure Act 2004* section 5(3).\n\n[Regulation 5 inserted: Gazette 25 Aug 2009 p. 3309.]\n\n##### 6. Authorised officers and approved officers\n\n(1) The Director of Energy Safety 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 of Energy Safety is to issue to each authorised officer a certificate of his or her appointment.\n\n[Regulation 6 inserted: Gazette 25 Aug 2009 p. 3310.]\n\n##### 7. Forms\n\nThe forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.\n\n[Regulation 7 inserted: Gazette 25 Aug 2009 p. 3310.]\n\nSchedule 1 — Prescribed offences and modified penalties\n\n[r. 5]\n\n[Heading inserted: Gazette 25 Aug 2009 p. 3310.]\n\n| **Offences under *Energy Safety Act 2006*** | | **Modified penalty** | |\n| --- | --- | --- | --- |\n|  | | **Individual** | **Body corporate** |\n| s. 28(6) | Failing to comply with a requirement under section 28 | $800 | $4 000 |\n| s. 30(4) | Failing to comply with a requirement under section 30(3)(e) | $800 | $4 000 |\n\n| **Offences under *Energy Safety Regulations 2006*** | | **Modified penalty** | |\n| --- | --- | --- | --- |\n|  | | **Individual** | **Body corporate** |\n| r. 4(2) | Failing to give information specified in regulation 4(2) to the Director of Energy Safety | $200 | $1 000 |\n| r. 4(4) | Failing to comply with a requirement under regulation 4(3) | $200 | $1 000 |\n| r. 4(6) | Failing to comply with a requirement under regulation 4(5) | $400 | $2 000 |\n\n\n[Schedule 1 inserted: Gazette 25 Aug 2009 p. 3310.]\n\nSchedule 2 — Forms\n\n[r. 7]\n\n[Heading inserted: Gazette 25 Aug 2009 p. 3311.]\n\n**Form 1 — Infringement notice**\n\n- *Energy Safety Act 2006***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 Safety Act 2006* s.*Energy Safety Regulations 2006* r.\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.\n- **How to pay** **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]*\n- **If you do not pay** the modified penalty within 28 days, you will be prosecuted for the alleged offence or enforcement action will 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 — you may be prosecuted for the alleged offence 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.\n- **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.\n- **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 1 inserted: Gazette 25 Aug 2009 p. 3311; amended: Gazette 20 Aug 2013 p. 3832; SL 2020/163 r. 28.]\n\n**Form 2 — Withdrawal of infringement notice**\n\n- *Energy Safety Act 2006***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 Safety Act 2006* s. *Energy Safety Regulations 2006* r.\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** 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.\n- *[*delete\nwhichever\nis not applicable]* * 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 2 inserted: Gazette 25 Aug 2009 p. 3311‑12.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Energy Safety Regulations 2006* 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| *Energy Safety Regulations 2006* | 27 Jun 2006 p. 2351‑5 | 28 Jun 2006 (see r. 2 and *Gazette* 27 Jun 2006 p. 2349) |\n| *Energy Safety Amendment Regulations 2009* | 25 Aug 2009 p. 3309‑12 | r. 1 and 2: 25 Aug 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 26 Aug 2009 (see r. 2(b)) |\n| *Energy Safety Amendment Regulations 2013* | 20 Aug 2013 p. 3832 | 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. 14 | SL 2020/163 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. The page returned a system error indicating the URL has changed due to website upgrades. No comparison between original intent and current provisions is possible."},"complexity_factors":["No legislative text was retrievable — the source URL returned an error page rather than actual legislation","Unable to assess true complexity without access to the regulatory provisions","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe page for the **Energy Safety Regulations 2006** (Western Australian legislation) could not be retrieved. The URL is no longer active due to system and security upgrades on the Western Australian legislation website.\n\n**What we know:**\n- This is a **Western Australian regulation** (subordinate legislation made under an Act of Parliament)\n- It dates from **2006** and relates to **energy safety** — likely covering electrical and gas safety standards, licensing, inspections, and compliance requirements\n- The actual regulatory text was **not accessible** for analysis\n\n**To find the current version**, visit the Parliamentary Counsel's Office of Western Australia at [www.legislation.wa.gov.au](https://www.legislation.wa.gov.au) and search for \"Energy Safety Regulations 2006\".\n\n> ⚠️ *This summary cannot provide meaningful legal analysis because no legislative content was available for review.*"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations’ scope has been expanded since original 2006 publication. Amendments inserted regulation 5 (prescribed offences/modified penalties), regulation 6 (authorised/approved officers) and regulation 7 (forms) in 2009 (Gazette 25 Aug 2009). Form changes occurred in 2013 and alignment with broader infringement notice rules was made in 2020 (SL 2020/163). These amendments added an explicit infringement framework, officer appointment powers and prescribed templates for notices (see r.5–7 and Schedules)."},"complexity_factors":["Cross‑references to the Energy Safety Act 2006 and the Criminal Procedure Act 2004 (r.5) increase navigational burden","Numeric penalty calculation for unpaid levies at 20% p.a. (r.3) is simple but financially significant","Director’s discretionary powers to publish classes and issue written information requirements (r.4(1),(3),(5)) create administrative compliance duties and timing constraints (28 days)","Different monetary fines and modified penalties for individuals and corporations (Schedule 1) require classification of recipients","Appointment and certification of authorised/approved officers (r.6) and prescribed forms (r.7, Schedule 2) add operational steps for enforcement","Amendment history (2009, 2013, 2020) means users must consult consolidation notes to see current scope"],"plain_english_summary":"These regulations set out administrative and enforcement rules under the Energy Safety Act 2006. Mechanically they: charge a 20% per annum penalty on unpaid levies (r.3), require specified energy industry participants to give contact and business details or answer Director requests (r.4), and establish infringement offences, modified penalties, authorised officers and prescribed forms (r.5–7 and Schedules). They affect energy industry participants and entities potentially liable for levies by defining reporting duties, monetary penalties, and the Director’s information‑gathering powers."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: administrative support for the Energy Safety Act through levy collection, information gathering, and infringement notice procedures. The 2009 amendments added the infringement notice system and forms, but this was a logical extension of the enforcement framework rather than scope creep."},"complexity_factors":["Short length (7 regulations plus 2 schedules)","Minimal cross-referencing (only references to parent Act and Criminal Procedure Act for infringement notice framework)","Straightforward conditional logic (if levy unpaid → penalty applies; if notice issued → compliance required)","Simple tabular structure for penalties in Schedule 1","Limited defined terms (relies primarily on definitions in parent Energy Safety Act 2006)","No nested exceptions or complex temporal provisions"],"plain_english_summary":"These regulations support the Energy Safety Act 2006 in Western Australia by setting out practical rules for how the energy safety regulator collects information and enforces minor offences.\n\n**What it does:**\n- **Late payment penalties**: If energy companies don't pay their safety levies on time, they get hit with a 20% per year penalty on the outstanding amount.\n- **Information gathering**: The Director of Energy Safety can demand details from energy businesses (like their name, address, and what they do) through published notices or direct written requests. Companies face fines up to $10,000 for not complying.\n- **Infringement notices**: Sets up a system where minor offences (like failing to provide information) can be dealt with via on-the-spot fines rather than going to court. The schedule lists specific offences and their fines—ranging from $200 for individuals up to $4,000 for companies depending on the breach.\n- **Officer appointments**: Allows the Director to appoint authorised officers to issue these infringement notices.\n- **Standard forms**: Provides the official templates for infringement notices and withdrawal notices.\n\n**Who it affects:**\n- Energy industry participants in WA (companies and individuals involved in electricity or gas industries)\n- The Director of Energy Safety and their appointed officers\n- Anyone required to prove whether they're an energy industry participant\n\n**Why it matters:**\nThese regulations give the regulator teeth to enforce safety standards without clogging up courts for minor paperwork offences, while ensuring the government can collect the levies that fund energy safety oversight."}},"importantCases":[],"_links":{"self":"/api/acts/energy-safety-regulations-2006","history":"/api/acts/energy-safety-regulations-2006/history","analysis":"/api/acts/energy-safety-regulations-2006/analysis","conflicts":"/api/acts/energy-safety-regulations-2006/conflicts","importantCases":"/api/acts/energy-safety-regulations-2006/important-cases","documents":"/api/acts/energy-safety-regulations-2006/documents"}}