Electricity Act 1945

The Act defines a range of key terms in section 5(1) that are essential to understanding its operation. A "supply authority" means an entity that was a supply authority immediately before the coming into operation of section 5 of the Electricity Legislation Amendment Act 2004; this is a transitional category that is progressively being phased out as relevant provisions are declared inapplicable under section 6. The more current concept is a "network operator", which encompasses transmission licensees and distribution licensees under the Electricity Industry Act 2004, exempt operators (persons who would need a licence but for an exemption order under section 8(1) of that Act), and prescribed classes of AES registration holders and exempt AES providers. The "Director" means the Director of Energy Safety under the Energy Coordination Act 1994, and the "Coordinator" means the Coordinator of Energy under the Energy Coordination Act 1994. "Consumer" means any person to whom electricity is supplied. "Apparatus" is defined broadly to include any equipment, plant or appliance in which electricity is capable of being transmitted, distributed, used, consumed or converted, including any meter, fitting or connection. "Distribution works" means any works including lines, poles, switches, transformers and all apparatus used for distributing electricity to consumers either direct from a generating station or from transmission works. "Transmission works" means any main line, poles, switches, transformers and apparatus used for conveying electricity from a generating station to any distribution works. "Service apparatus" refers to works, apparatus or systems used for conveying, measuring or controlling electricity from distribution works to the point of delivery to the consumer. "Premises" is defined broadly to include any land, street, structure or other place, and may include a vehicle or other thing. "Public authority" means any authority controlling services such as roads, bridges, water supply, sewerage or drainage and any service or utility for the benefit of the public. An "inspector" is a person designated under section 12 of the Energy Coordination Act 1994. The term "installation" includes all wiring, switch gear, control and protective gear, appliances and other components permanently connected to wiring on premises to which electricity is supplied through distribution works, and where supplied from a private generating plant includes that plant. The Act also uses the concept of "generating station" and "generating works" for electricity generation facilities. These definitions interact with the Electricity Industry Act 2004, which now governs licensing and market arrangements, while the Electricity Act 1945 retains the legacy regulatory framework for safety, appliance approval, energy efficiency, and certain consumer protections.

The Act affects a broad range of entities and individuals involved in the electricity sector in Western Australia. Network operators are the primary regulated entities, comprising transmission licensees, distribution licensees, integrated regional licensees, exempt operators, and certain AES registration holders and exempt AES providers as defined in section 5(1). These entities bear duties under section 25 to maintain service apparatus in a safe condition, take precautions against fire and damage, and maintain constant supply polarity. They also have powers under sections 18 and 24 to enter premises, install and maintain works, and cut off supply in certain circumstances. Supply authorities (the legacy entities) retain powers and obligations under Part II unless the Minister has declared those provisions inapplicable under section 6. Consumers are directly affected by provisions on meter control (section 40), meter testing (section 41), disconnection for non-payment (section 35), and obligations not to waste or misuse electricity (sections 36 and 49). Incoming tenants benefit from section 38, which prohibits requiring payment of a previous tenant's arrears as a condition of supply. Manufacturers, importers, sellers and hirers of electrical appliances are affected by Part IVA, which empowers the Director to prescribe classes or types of electrical appliance that must not be sold, hired or advertised unless approved by the Director and stamped or labelled as prescribed (section 33B). Non-compliance carries penalties of $50,000 for individuals and $250,000 for bodies corporate (section 33D). The Director may also prohibit the sale, hire or use of unsafe or dangerous electrical appliances by notice under section 33C. Electrical workers, radio workers, contractors and cinematograph operators are affected by the extensive regulation-making power in section 32, which allows for examination, qualification and licensing schemes. These schemes are administered by Boards appointed by the Minister and subject to the Director's directions, with disciplinary matters heard by the State Administrative Tribunal (section 32(3)(faa)). Local governments and other public authorities are affected by provisions on crossing districts with transmission works (section 12), reinstatement of works (section 19), and interference with works (section 20). The Coordinator of Energy and the Director of Energy Safety have administrative and determinative roles under the Act, including zone creation (section 43), dispute resolution (sections 12, 14, 20), and guideline publication (section 33AA).

The Act establishes a matrix of duties and rights for supply authorities, network operators, consumers, and public authorities. Under section 11, a supply authority must cause as little detriment and inconvenience as possible when exercising its powers and must make full compensation for all damage sustained (excluding compulsory acquisition of land). Compensation disputes are resolved by arbitration under the Commercial Arbitration Act 2012. Section 18 grants supply authorities extensive rights to enter land, open and break up streets, bridges, sewers, drains and tunnels, and install transmission and distribution works, but subject to conditions. At least three clear days' notice must be given to affected public authorities before opening or breaking up streets, except in emergencies (one clear day's notice for connections to previously laid works). Work must be done under the superintendence of the relevant public authority unless that authority fails to attend or submit a plan (section 18(4)-(5)). Section 19 requires a supply authority to reinstate and make good damage to public works, remove spoil and rubbish, maintain warning lights and fences, and keep streets in good repair for up to 12 months. Default attracts a penalty of up to $200 per default and $100 per day for continuing default after notice. Section 25 imposes three key duties on network operators: to maintain all service apparatus on consumers' premises in a safe and fit condition; to take reasonable precautions to avoid fire or other damage at the point where electricity passes beyond the service apparatus; and to maintain constant supply without change of polarity when supplying through a distributing main as continuous current. Complaints about non-compliance may be made to the Minister, who may refer them to the Director for inquiry and determination. Section 39 imposes a duty on the supply authority to keep any meter let on hire in proper order; if it fails, the consumer is not liable for rent. Section 41 gives the supply authority the right to test meters and adjust accounts on specified bases if a meter is found to register incorrectly, and gives consumers the right to demand a test upon payment of a prescribed fee ($20 or $50 depending on the test method). If the meter is found to be more than two per cent fast, the fee is refunded and a rebate applied. Section 38 gives incoming tenants the right to be supplied without paying the previous tenant's arrears, unless the incoming tenant has undertaken to pay those arrears. Section 40 gives the supply authority sole control of meters during the continuance of supply and until all charges are paid, regardless of ownership. Section 42 prevents a network operator from insisting on any special form of electrical installation, apparatus or fitting, but prohibits any person from using installations or dealing with electricity in a way that would interfere unduly with supply to others.

The Act contains a tiered penalty structure with specific fines for particular offences and a general penalty provision for breaches not otherwise penalised. Section 52 imposes a general penalty of up to $50,000 for an individual and $250,000 for a body corporate for any breach of the Act for which no other penalty is expressly provided. Specific offences include: illegal interference with electric works (section 47) - $1,000, with the court empowered to order additional compensation for damage or value of electricity wasted; alteration of a meter or diversion of electricity (section 50) - $2,000 for an individual and $10,000 for a body corporate, with the court able to order compensation and exemplary damages up to $200; and a reverse onus provision where artificial means of interference exist under the consumer's control, raising a prima facie case that the consumer caused the contravention. Unauthorised use of electricity not metered (section 49) carries a penalty of $100 per offence with $50 for each further day under section 71 of the Interpretation Act 1984. Obtaining supply under a false name (section 48) carries a penalty of $200. Wasting or permitting escape of electricity (section 36) carries a penalty of $500, and the supply authority may also recover loss in a court or claim compensation in the same proceedings as the prosecution. Unauthorised cutting, connecting, tapping, fixing, altering or removing service apparatus (section 40(2)) carries a penalty of $500. Under section 19, default in reinstating public works attracts a penalty of up to $200 per default and $100 per day of continuing default after notice. For Part IVA (approval of electrical appliances), the general penalty under section 33D is $50,000 for an individual and $250,000 for a body corporate, and section 33B(2) creates an offence for selling or hiring prescribed appliances without Director's approval (also $50,000/$250,000 under the regulations). Part IVB (energy efficiency) creates an offence under section 33F for selling or hiring apparatus or installations that are required to be labelled but are not, with the same penalty of $50,000 for an individual and $250,000 for a body corporate. Regulations made under section 32 may impose penalties up to $50,000 for an individual and $250,000 for a body corporate (section 32(1)(s)). Disciplinary matters for licensed electrical workers and contractors are handled by the State Administrative Tribunal, which may suspend or cancel licences (section 32(3)(faa)). Prosecutions for offences under the Act must be commenced within two years after the date of the alleged offence (section 53). The Act provides for multiple enforcement mechanisms: fines, court-ordered compensation, recovery of debts, disconnection of supply by the supply authority, and disciplinary proceedings before the State Administrative Tribunal.

The Electricity Act 1945 does not operate in isolation; it forms part of a broader legislative framework for the electricity industry in Western Australia and interacts with several other statutes. The Electricity Industry Act 2004 is the most significant related legislation. The Electricity Act 1945 cross-references the 2004 Act extensively, particularly in definitions: "AES registration holder", "alternative electricity service", "distribution licensee", "exempt AES provider", "exempt operator", and "transmission licensee" are all defined by reference to the Electricity Industry Act 2004. Section 6 of the Electricity Act 1945 allows the Minister to declare that specified provisions (sections 11 to 24, 34 to 41, 43 to 51, and certain regulation-making powers) no longer apply to a supply authority if that authority has substantially equivalent powers, rights and obligations under the Electricity Industry Act 2004. This provision was designed to facilitate the transition from the legacy supply authority framework to the licensing regime under the 2004 Act, with declarations permitted only within two years from the insertion of section 6. The Energy Coordination Act 1994 is another foundational statute; it establishes the positions of Coordinator of Energy and Director of Energy Safety, and provides for the designation of inspectors, all of whom exercise functions under the Electricity Act 1945. The Director may also delegate powers to Boards established under the regulations (section 32(3)(e)). The Commercial Arbitration Act 2012 governs the resolution of compensation disputes under section 11, replacing the earlier arbitration framework. The Financial Management Act 2006 applies to annual reporting by the Department of Public Service in which the Director is employed, requiring inclusion of details about investigations, inquiries, State Administrative Tribunal matters, trends, workload forecasts and proposals for improvement (section 33). The State Administrative Tribunal Act 2004 and related transitional provisions apply to disciplinary matters under section 32(3)(faa), with the Tribunal having jurisdiction to suspend or cancel licences. The Interpretation Act 1984 applies generally to the construction of the Act, and section 16 of the Interpretation Act 1918 continues to apply to matters arising under the repealed Electricity Act 1937 (section 3(2)). The Government Railways Act 1904 exempts Government electric railways from the Act (section 4A). The Local Government Act and related legislation apply to local government interactions with supply authorities under sections 12, 18 and 20. The Act also contemplates mutual recognition of appliance approvals from other Australian States and Territories under sections 33B(5B) and 33E(2). The Criminal Code and the Sentencing Act 1995 may apply to prosecution and sentencing of offences, and the Courts Legislation Amendment and Repeal Act 2004 updated penalties and court procedures. Regulations under section 32 may adopt standards from Standards Australia, the British Standards Institution, and other bodies.

The Electricity Act 1945 has been amended numerous times since its enactment, reflecting the evolution of the electricity industry in Western Australia. The Act commenced on 29 March 1946. The first major amendment was the Electricity Act Amendment Act 1953 (No. 72 of 1953), which inserted Part IVA (Approval of electrical appliances) and established the Director's power to prescribe classes of electrical appliances requiring approval before sale or hire. The Decimal Currency Act 1965 updated monetary penalties from pounds to dollars. The Metric Conversion Act 1972 (No. 94 of 1972) made technical amendments to reflect metric units. The Electricity Act Amendment Act 1979 (No. 86 of 1979) made various amendments, including to the long title and definitions. The Electricity Amendment Act 1988 (No. 42 of 1988) inserted section 33AA (Guidelines) and made other changes. The Energy Corporations (Transitional and Consequential Provisions) Act 1994 (No. 89 of 1994) made significant amendments consequential on the restructuring of the electricity industry, including deleting Part III and sections 7-10, 13, 15-17, and updating references to the Coordinator. The Local Government (Consequential Amendments) Act 1996 (No. 14 of 1996) updated local government references. The Electricity Amendment Act 1996 (No. 63 of 1996) inserted Part IVB (Energy efficiency), created offences for energy efficiency labelling breaches, and increased penalties across the Act. The Acts Amendment (Land Administration) Act 1997 (No. 31 of 1997) made amendments. The Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 (No. 10 of 1998) deleted section 2 and made other minor changes. The Statutes (Repeals and Minor Amendments) Act 2000 (No. 24 of 2000) made minor amendments. The most significant restructuring occurred through the Electricity Legislation Amendment Act 2004 (No. 33 of 2004), which redefined fundamental concepts, inserted the transitional provisions in section 6, deleted numerous sections (7-10, 13, 15-17), amended the heading of Part II, and redefined "network operator" and related terms. The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (No. 55 of 2004) conferred jurisdiction on the State Administrative Tribunal for disciplinary matters. The Courts Legislation Amendment and Repeal Act 2004 (No. 59 of 2004) inserted section 53 (limitation period of two years) and made other changes. The Electricity Corporations Act 2005 (No. 18 of 2005) made amendments related to electricity corporations. The Machinery of Government (Miscellaneous Amendments) Act 2006 (No. 28 of 2006) and the Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) made further changes, including to annual reporting. The Gas and Electricity Safety Legislation Amendment Act 2007 (No. 5 of 2007) significantly increased penalties, amending sections 32, 33D, 33F, 50 and 52 to their current levels. The Standardisation of Formatting Act 2010 (No. 19 of 2010) made formatting changes. The Mutual Recognition (Western Australia) Amendment Act 2022 (No. 7 of 2022) amended section 32. The Electricity Industry Amendment (Distributed Energy Resources) Act 2024 (No. 1 of 2024) amended section 25, and the Electricity Industry Amendment (Alternative Electricity Services) Act 2024 (No. 10 of 2024) amended section 5 to update definitions relating to AES registration holders and exempt AES providers.

The Act does not itself contain references to decided cases, and this analysis does not invent any. The Act establishes several dispute resolution mechanisms that may generate litigation or arbitral proceedings. Compensation disputes under section 11(2) are resolved by arbitration under the Commercial Arbitration Act 2012, which may lead to applications to the Supreme Court for leave to appeal or for judicial review of arbitral awards. Disputes between supply authorities and public authorities concerning alteration of works under section 20 are determined by the Director, whose decisions may be subject to judicial review under the Administrative Law (Judicial Review) Act or common law review. Complaints by consumers about a network operator's failure to comply with its duties under section 25 are made to the Minister, who may refer them to the Director for inquiry and determination; such determinations may also be subject to review. The State Administrative Tribunal exercises disciplinary jurisdiction under section 32(3)(faa) in respect of licences, permits and authorisations for electrical workers, contractors and cinematograph operators. Tribunal decisions may be appealed to the Supreme Court on questions of law. Section 36(4) allows the supply authority to claim compensation for loss in the same proceedings as a prosecution for wasting electricity, giving magistrates the power to assess and order compensation. Section 50(2) similarly allows the court to order compensation and exemplary damages upon conviction for meter tampering. Section 45 provides that sums payable by way of compensation, damages, costs or expenses may be recovered in a court of competent jurisdiction. Section 51 provides a summary remedy for careless or accidental damage to electric works, with the Coordinator fixing compensation (up to $500) on the application of the supply authority; that amount is recoverable as a debt. Section 53 imposes a two-year limitation period for commencing prosecutions, which may be relevant in cases where offences come to light long after the event. The Act interacts with the Criminal Code and the Sentencing Act 1995 in relation to penalties and sentencing. Given the age of the Act and the specific, technical nature of its provisions, reported case law is likely to be limited and largely concerned with the interpretation of particular sections, the application of penalties, or the scope of the Director's powers under Part IVA.

Several provisions in the Act contain traps for the unwary that practitioners and regulated entities must carefully navigate. Section 44 provides that there is no obligation on a supply authority to supply electricity to any person if doing so would necessitate an extension of the existing distribution system; this is a significant limitation on the right to supply that can catch developers and rural consumers off guard. Section 38 is a consumer protection provision that can be overlooked: a supply authority cannot require an incoming tenant to pay the previous tenant's arrears as a condition of supply, unless the incoming tenant has undertaken to pay them. This means the authority cannot hold the new occupier hostage for the old debt, but it also means the debt may be practically irrecoverable from the departed tenant. Section 40(1) provides that every meter used for ascertaining the quantity of electricity supplied shall be under the sole control of the supply authority during the continuance of supply and until all rent or other charges are paid - and this applies "whether such meter belongs to the supply authority or not". This means a consumer-owned meter is still under the supply authority's control. Section 41(5) requires that all outstanding accounts between the consumer and the supply authority be paid before any test demanded by the consumer is made; this can create a Catch-22 where a consumer cannot test a potentially faulty meter without first paying disputed charges. Section 50(3) creates a reverse onus: the existence of artificial means for causing alteration, prevention or diversion of the meter or electricity is prima facie evidence that the consumer caused the contravention. This shifts the evidentiary burden to the consumer in meter tampering cases. Section 23 allows the supply authority to discontinue supply where any person (not just the consumer) has wilfully or fraudulently damaged or tampered with distribution works or service apparatus, or altered the meter index. The supply can be disconnected until the damage is repaired or interference rectified, but no longer. Section 35 allows disconnection for non-payment of rent or charges for service apparatus or electric fittings after 14 days' written demand - but only for those specific charges, not necessarily for all electricity charges. Section 36 makes the consumer strictly liable for permitting electricity to escape from an electric line before it reaches the meter, regardless of whether the consumer caused the escape. Section 42(2) provides that a person is not entitled to use any form of installation, apparatus or fitting, or use or deal with electricity in any manner, that would interfere unduly or improperly with the supply of electricity to any other person - a broad prohibition that could capture activities like operating large machinery that causes voltage fluctuations. Section 6 allows the Minister to declare that certain provisions no longer apply to a supply authority if it has substantially equivalent powers under the Electricity Industry Act 2004, but this power was only exercisable within two years from the insertion of that section (i.e., by 31 December 2006). This means the transitional window has closed, and practitioners dealing with legacy supply authorities must check whether declarations were made. Section 49 creates an offence for using electricity in a manner not authorised by contract, which can catch consumers who use appliances larger than contracted for or who run a business from home without adjusting their supply agreement.

Compliance with the Electricity Act 1945 requires a multi-faceted approach depending on the entity's role in the electricity sector. For network operators (transmission licensees, distribution licensees, exempt operators, and prescribed AES registration holders and exempt AES providers), the primary duties under section 25 require maintaining all service apparatus on consumers' premises in a safe and fit condition, taking reasonable precautions to avoid fire or other damage, and maintaining constant supply polarity. Regular inspection and maintenance programs are essential, and records should be kept to demonstrate compliance. When exercising powers under Part II, network operators must comply with the notice requirements in section 18, including giving at least three clear days' notice to affected public authorities before opening or breaking up streets, bridges, sewers, drains or tunnels (except in emergencies), and must work under the superintendence of the relevant public authority. All distribution works and service apparatus installed in or against buildings or on land requires the consent of owners and occupiers (section 18(2)). The duty to reinstate and make good damage to public works under section 19 is strict and time-sensitive; failure can result in daily penalties. Compensation for damage caused in the exercise of powers must be paid under section 11, with arbitration under the Commercial Arbitration Act 2012 if not agreed. For consumer-facing operations, the supply authority or network operator must not require incoming tenants to pay previous tenants' arrears (section 38), must keep meters in proper order (section 39), must maintain uniform charges within zones established by the Coordinator (section 43), and must follow the prescribed procedures for testing meters and adjusting accounts (section 41). Disconnection for non-payment requires 14 days' written demand (section 35). For manufacturers, importers and sellers of electrical appliances, compliance with Part IVA requires ensuring that prescribed classes or types of electrical appliance are approved by the Director and are stamped or labelled as prescribed before being sold, hired or advertised (section 33B). The Director may withdraw approval at any time. If the Director issues a notice prohibiting sale, hire or use of an appliance as unsafe or dangerous under section 33C, the recipient must comply immediately. For energy efficiency compliance under Part IVB, any apparatus or installation required by regulations to be labelled must bear that label before being sold, hired or advertised (section 33F). The Director may approve appliances or labelling schemes recognised in other States or by competent authorities (section 33E). For electrical workers, contractors and cinematograph operators, compliance with the licensing and regulatory schemes established by regulations under section 32 is mandatory. This includes holding the appropriate licence, complying with conditions, and submitting to the jurisdiction of the State Administrative Tribunal for disciplinary matters. Practitioners should note that guidelines published by the Director under section 33AA are not legally binding but recommend safe practices, and following them may provide a defence if a dispute arises. Annual reporting by the Department of Public Service must include details of investigations, inquiries, Tribunal matters, trends, workload forecasts and proposals for improvement (section 33). Finally, all entities should be aware of the two-year limitation period for prosecutions (section 53) when preserving evidence or considering whether to report potential offences.