Energy Operators (Regional Power Corporation) (Charges) By-laws 2006

The by‑laws organise electricity charging into a small set of discrete legal concepts that structure who pays what and when. Those concepts are (a) tariff classes, (b) metered versus unmetered supply, (c) account and transactional fees, (d) payment and interest mechanics, and (e) customer eligibility and operational controls.

1. Tariff classes. Schedule 1 sets out named tariffs and the rate components that make up each tariff: fixed daily charges and volumetric charges calculated per kilowatt hour (unit). Examples include Tariff A2 (residential) with a fixed charge and unit charge (Sch. 1 cl. 3), Tariffs L2 and L4 for low/medium voltage general supply (Sch. 1 cl. 1-2), K2 for mixed residential/general wiring (Sch. 1 cl. 6), and the MyPower family of fixed‑plan tariffs that combine a higher fixed charge with a low volumetric rate (Sch. 1 cl. 8-9). Tariffs can include stepped unit rates depending on daily consumption thresholds (Sch. 1 cl. 1(2)(b), 2(2)(b), 6(2)(b)).

2. Metered vs unmetered supply. Metered supplies are governed by Schedule 1 and the by‑laws generally (by‑law 4(1)); unmetered supplies (principally street lighting and other standard installations) are set out in Schedule 2 (by‑law 4(2)‑(3); Sch. 2 Divs 1-2). Schedule 2 lists per‑day charges indexed to lamp wattage and lamp technology for street lighting and daily kilowatt charges for traffic lights and other installations (Sch. 2).

3. Account and transactional fees. Schedule 4 itemises non‑tariff fees for account establishment, meter testing (with a reduced rate for eligible concession card holders), temporary connections, disconnections after unauthorised reconnection and payment processing fees, including a permitted surcharge for card payments that is the amount specified by the RBA standard referenced in by‑law 3 (Sch. 4; by‑law 3).

4. Payment and interest mechanics. By‑law 8 defines the “relevant period” for payment: for consumers to whom the Code of Conduct applies it is the due date specified by the corporation; for others it is 14 days after the corporation requests payment (by‑law 8(1)). Overdue balances above $1,000 attract daily interest at the RBA cash rate plus six percentage points (by‑law 8(3)), and overdue amounts are recoverable as a debt (by‑law 8(4)). By‑law 12 prescribes the rate the corporation must use under s. 62(16) of the Act when paying or giving credit for interest , either the RBA cash rate or the average where multiple rates apply.

5. Eligibility and operational controls. The by‑laws define who may receive particular tariffs. Residential status requires that the premises be a dwelling and that supply is not used for industrial, commercial, business, or general purposes (by‑law 5). MyPower tariffs require an earlier election (pre‑1 July 2022), continued supply on the MyPower tariff, compliance with tech/communications obligations (download/maintain the corporation’s mobile app or online account, accept SMS alerts and email bills) and adherence to peak allowance limits (Sch. 1 cl. 8-10). Where a consumer exceeds peak allowances on four or more peak days in a peak period, the corporation may move them down to the next lower MyPower tier (Sch. 1 cl. 8(5), 9(5)). For community tariffs (C2 and D2), documentary evidence and non‑profit status are required, and government entities are excluded from C2 (Sch. 1 cl. 4).

The by‑laws also create operational asymmetries: certain classes of government consumer are excluded from Schedule 1 charges when supplied from the North West interconnected system or a regional non‑integrated system (by‑law 4(1A)‑(2A)); subsidiary meters attract a daily rental but there is a specific limited exemption for subsidiary meters at dwellings where the master account has a residential tariff (by‑law 6; Sch. 3). The MyPower suite is structured as a voluntary, legacy set of fixed‑plan options contingent on historical election and continued adherence; the corporation retains the right to downgrade customers who breach peak allowances repeatedly.

Finally, the by‑laws cross‑reference external instruments and other statutes to define terms and calibrate charges: the RBA Standard No. 3 of 2016 for permitted surcharges (by‑law 3), the Electricity Corporations Act 2005 and other energy statutes for the corporation’s identity and definitions (by‑law 3; by‑law 4(1A)).

The by‑laws specify charges and operational requirements that have direct consequences for several categories of parties: the corporation itself, retail consumers (residential, non‑residential, voluntary organisations, charitable and benevolent organisations), local governments and certain government consumers, and third parties engaging with the corporation by way of payment or service provision.

1. Consumers of the corporation. All customers supplied by the corporation are subject to the charging schedules and fee rules. Metered consumers are charged under Schedule 1 unless an express exclusion applies (by‑law 4(1)‑(2A)). Consumers of unmetered services such as street lighting, traffic installations, public telephones and railway crossings are charged under Schedule 2 (by‑law 4(2)‑(3); Sch. 2 Divs 1-2). Consumers who are residential dwellings and are not using supply for commercial or general purposes are eligible for the residential tariff Tariff A2 (by‑law 5). Consumers with subsidiary meters pay meter rentals unless they meet the specified exemption (by‑law 6; Sch. 3).

2. MyPower participants. A narrowly defined cohort who elected to take MyPower tariffs before 1 July 2022 and have remained continuously supplied on those MyPower tariffs are affected by special fixed‑plan pricing, lower volumetric rates ($0.10 per unit) and peak allowances (Sch. 1 cl. 8-10). Those customers must maintain the corporation’s mobile app or online account, be able to receive SMS alerts and accept emailed bills (Sch. 1 cl. 10), and face the corporation’s discretion to move them down a plan if they exceed peak allowances on four or more peak days in a peak period (Sch. 1 cl. 8(5), 9(5)). New customers who did not make the pre‑2022 election cannot access these plans by the by‑laws’ terms.

3. Charitable and community organisations. Tariff C2 is targeted to voluntary, non‑profit, income‑tax exempt organisations that provide public services and are not government departments, subject to documentary application and evidence (Sch. 1 cl. 4). Tariff D2 applies where premises are wholly used by charitable/benevolent organisations to provide residential accommodation not operated commercially and where Tariff A2 is not available; D2 uses an equivalent domestic residence calculation (Sch. 1 cl. 5).

4. Government consumers and local government structures. The by‑laws define “government consumer” in broad terms (Commonwealth, State or foreign government department, instrumentality, agency or trading concern) but explicitly exclude local governments, regional local governments and regional subsidiaries (by‑law 3; by‑law 4(1A)(b)). By‑law 4(1A)(2A) provides that the Schedule 1 metered charges do not apply to electricity supplied from a regional non‑integrated system or the North West interconnected system to a government consumer, so specific government supplies on those systems fall outside these charging rules.

5. Payment intermediaries and card processors. The by‑laws permit the corporation to apply a permitted surcharge when consumers pay by credit or debit card; the surcharge must be the “permitted surcharge” as that term is defined by the RBA Standard No. 3 of 2016 referred to in by‑law 3 and Schedule 4 item 8.

6. The corporation. The by‑laws allocate decision rights to the corporation: to require evidence for special tariffs (Sch. 1 cl. 4(4)), to determine peak allowance enforcement and manage plan downgrading (Sch. 1 cl. 8(5) and 9(5)), to specify the due date for Code‑covered customers (by‑law 8(1)(a)), to offer subsidiary meters “on application for purposes approved by the corporation” (Sch. 3 note), and to provide the app or online consumer facility required by MyPower eligibility (Sch. 1 cl. 10(2)).

7. Concession card holders. People with Centrelink or Department of Veterans’ Affairs concession cards defined in by‑law 9(1) are eligible for a reduced meter testing fee (by‑law 9(2); Sch. 4 item 4(b)). That eligibility requires the consumer to satisfy the corporation that they hold one of the specified cards.

Who primarily pays: retail consumers and entities receiving unmetered supply, subject to the exclusions noted for certain government consumers. Who decides operationally: the corporation, which applies tariffs, accepts applications for special tariffs, administers MyPower eligibility requirements and exercises downgrade discretion when consumption breaches specified peak allowances. The by‑laws therefore change the costs and administrative choices facing individual households, community groups, commercial consumers that had previously elected MyPower plans, and local authorities that maintain street lighting or other unmetered installations.

The by‑laws create specific obligations for consumers and corresponding rights for the corporation. They also allocate procedural steps for tariff eligibility and payment.

Consumer duties:

• Pay charges within the relevant period. By‑law 8(2) requires consumers to pay the appropriate charges specified in the Schedules within the relevant period. The “relevant period” is defined in by‑law 8(1) and depends on whether the consumer is covered by the Code of Conduct for the Supply of Electricity to Small Use Customers (by‑law 8(1)(a)) or not (by‑law 8(1)(b)).
• Observe the eligibility conditions for tariffs. For residential tariff entitlement, the consumer must ensure the premises are a dwelling used solely for residential purposes and that supply is not used for industrial, commercial, business or general purposes (by‑law 5(1)). For MyPower tariffs, consumers must have elected prior to 1 July 2022 and must maintain continued supply on such tariffs, satisfy the eligibility criteria (Sch. 1 cl. 8(1)-(3), cl. 10).
• Maintain digital connectivity for MyPower. Sch. 1 cl. 10 requires MyPower consumers to download and maintain the corporation’s mobile application or create and maintain an account on the corporation’s online consumer facility, and to agree to receive text message alerts and bills by email.
• Pay meter rentals and fees where applicable. By‑law 6(1) requires payment of the subsidiary meter rental specified in Schedule 3, subject to the exemption in by‑law 6(2). Schedule 4 prescribes multiple fees (by‑law 7; Sch. 4).

Consumer rights:

• Entitlement to residential tariff where conditions met. By‑law 5(1) gives consumers an entitlement to be supplied on the basis of a residential tariff if the premises meet the dwelling and use conditions.
• Reduced meter testing fee for eligible individuals. By‑law 9(2) gives eligible concession card holders a right to the reduced meter testing fee specified in Sch. 4 item 4(b).
• Protection from immediate arbitrary tariff increases during an accounting period. By‑law 11 allows a charge payable to be adjusted where a change in applicable rates occurs during an accounting period so the adjustment may be by reference to the date the change takes effect or the date it is applied to the account, “whichever results in the lower charge” (by‑law 11).
• Right to have overdue amounts recovered as a debt subject to court process. By‑law 8(4) makes amounts payable recoverable in any court as a debt due to the corporation.

Corporation duties and powers:

• Apply and publish specified charges. By‑law 4(1) makes the Schedule 1 charges binding and payable by consumers. The corporation must apply these charges, and the schedules set precise rates and detailed conditions.
• Exercise eligibility verification and acceptance. The corporation can require application and documentary evidence for Tariff C2 (Sch. 1 cl. 4(4)) and assess eligibility generally for MyPower tariffs (Sch. 1 cl. 10).
• Operational discretion for MyPower enforcement. The corporation may move a MyPower consumer down one tariff tier after they exceed peak allowance on four or more peak days in a peak period (Sch. 1 cl. 8(5), 9(5)). The corporation may also consider emergency events to excuse peak exceedance (Sch. 1 cl. 7(2)(b)).

Payment mechanics and rights:

• Interest on overdue balances. By‑law 8(3) imposes an additional amount by way of interest for each day a charge exceeding $1,000 remains unpaid, at the RBA cash rate as at that day increased by six percentage points. The consumer’s obligation to pay this interest applies subject to the Act s. 124(4a) (by‑law 8(3)).
• Corporation’s obligation under s. 62(16). By‑law 12 prescribes that for the purposes of s. 62(16) of the Act the rate at which interest is to be paid, or given credit for, by the corporation is the RBA cash rate for the interest period or the average where more than one RBA cash rate applies (by‑law 12(2)).

Special conditions and procedural rights:

• Tariff switching limitations. MyPower tariffs are available only to consumers who elected before 1 July 2022 and have not had supply at any other tariff since that election (Sch. 1 cl. 8(1)(b)-(c), 9(1)(b)-(c)). This constrains a consumer’s right to switch onto a MyPower plan after that date under these by‑laws.
• Application and documentation. Consumers seeking Tariff C2 must make a written application and provide evidence that they meet the non‑profit and public service requirements (Sch. 1 cl. 4(4)). The corporation is empowered to accept or reject such applications based on the evidence.

Transactional rights and charges:

• Card payment surcharges limited to permitted surcharges. When a consumer pays by credit or debit card a transaction fee may be applied, but it must equal the “permitted surcharge” as defined by the Reserve Bank instrument (by‑law 3; Sch. 4 item 8).
• Right to an effective billing period. The “relevant period” for payment depends on whether the consumer is within the Code of Conduct’s scope (by‑law 8(1)), which gives small customers an explicit due‑date right as opposed to the default 14‑day window.

Together, these duties and rights allocate payment obligations, procedural steps for tariff access, and enforcement mechanisms. The by‑laws therefore change the administrative posture consumers must adopt to access particular tariffs (for example, the requirement to maintain the corporation’s app or online account to remain eligible for MyPower), and they create predictable recovery mechanisms and interest consequences when obligations are not met.

The by‑laws do not create criminal offences; their enforcement model is financial and contractual, relying on interest, fee imposition and debt recovery through the courts. Enforcement tools and their mechanical application are set out mainly in by‑laws 8 and 12, Schedule 4 and the tariff clauses that permit the corporation operational discretion.

Interest and financial penalties:

• Interest on overdue charges over $1,000. By‑law 8(3) specifies that if payment of a charge exceeding $1,000 is not made in full within the relevant period, the consumer must pay additional interest for each day the charge remains unpaid at a rate equal to the RBA cash rate as at that day increased by six percentage points. This creates a daily compounding (or per‑day) add‑on to large unpaid accounts.
• Recoverability as debt. By‑law 8(4) provides that amounts payable under by‑laws 8(2) or 8(3) are recoverable in any court of competent jurisdiction as a debt due to the corporation. The statutory backing permits the corporation to commence ordinary debt recovery litigation in courts with jurisdiction to collect unpaid tariffs and interest.

Administrative charges and fees as enforcement levers:

• Fees for disconnection and unauthorised reconnection. Schedule 4 itemises fees such as the disconnection fee for overhead service leads following unauthorised reconnection ($677.00 , Sch. 4 item 5) and the remote connection/disconnection fee ($6.87 , Sch. 4 item 11). These fees act as immediate cost consequences for particular conduct.
• Account management and payment rejection fees. Overdue account notices ($6.42 , Sch. 4 item 6), rejected payment fees where payment is made through Australia Post ($30.42 , Sch. 4 item 7), and an over‑the‑counter payment fee ($2.81 , Sch. 4 item 13) impose additional costs that escalate the financial burden on a debtor.

Operational discretion with financial effect:

• MyPower plan downgrading. The corporation may change a consumer’s MyPower tariff to the next lower tier if peak allowance breaches occur on four or more peak days in a peak period (Sch. 1 cl. 8(5), 9(5)). The practical effect is likely higher ongoing bills for the consumer because the MyPower tiers are structured so that lower tiers have smaller peak allowances and different fixed charges; the by‑laws give the corporation this remedial tool instead of immediate disconnection.
• Meter damage and replacement fees. Schedule 4 item 10 sets a meter damage fee of $942.00; item 2 sets three‑phase installation or replacement fees at $1,011.00. These fees allocate the cost of repair and replacement to the consumer where damage or upgrades occur.

Limits and safeguards encoded:

• Exemptions and definitions. By‑law 6(2) exempts consumers from subsidiary meter rental if the premises are a dwelling, supply is not used for industrial or commercial purposes and the master account is under a residential tariff, which reduces enforcement exposure for small residential customers with subsidiary meters (by‑law 6(2)).
• Emergency event consideration. Sch. 1 cl. 7(2)(b) permits the corporation to consider that a consumer was affected by an emergency event (for example, a cyclone or bushfire) when determining whether the consumer exceeded the peak allowance for MyPower tariff enforcement. This provides a narrow procedural relief valve in exceptional circumstances.
• Threshold for interest application. The interest penalty in by‑law 8(3) applies only to charges exceeding $1,000 outstanding after the relevant period. That threshold limits the daily interest escalation to larger arrears.

Legal remedy path:

• Ordinary civil recovery. The by‑laws’ enforcement is mainstream civil recovery. By‑law 8(4) makes charges recoverable as a debt; the corporation may therefore seek judgment and enforcement actions (writs, garnishees, etc.) in courts of competent jurisdiction. The by‑laws do not prescribe an administrative penalty process nor criminal sanctions within their text.

Payment card surcharges and consumer protection overlap:

• The permitted surcharge mechanism for card payments ties the fee to an external Commonwealth instrument (RBA Standard No. 3 of 2016; by‑law 3), which constrains the amount the corporation may add for card acceptance. The by‑laws thereby reference a standard that operates as a cap or definition, although operational compliance requires the corporation to apply the permitted surcharge correctly.

In short, enforcement under these by‑laws is implemented through specified fees, interest on significant arrears, recoverability as a debt and tariff management powers held by the corporation. The by‑laws delegate routine operational enforcement to the corporation and rely on ordinary court processes for recovery rather than administrative fines or criminal sanctions.

The by‑laws are subordinate legislation that cross‑refer to and operate alongside Commonwealth and Western Australian statutes and external standards. They both import definitions from other Acts and defer to external instruments for particular payment and financial rules.

Statutory interactions and definitions:

• Electricity Corporations Act 2005. The by‑law defines “corporation” as the body established by the Electricity Corporations Act 2005 section 4(1)(d) (by‑law 3). That cross‑reference locates the corporate entity whose charges these by‑laws fix and integrates the by‑laws into the statutory architecture governing electricity corporations in Western Australia.
• Electricity Transmission and Distribution Systems (Access) Act 1994 and Electricity Industry Act 2004. The by‑laws borrow system definitions: “North West interconnected system” is defined by reference to the Electricity Transmission and Distribution Systems (Access) Act 1994 s. 2, and “South West interconnected system” has the meaning given in the Electricity Industry Act 2004 s. 3 (by‑law 4(1A)). Those cross‑references determine whether particular supplies fall within the territorial and system boundaries that affect whether Schedule 1 charges apply (by‑law 4(1A)‑(2A)).
• Energy Operators (Powers) Act 1979. These by‑laws are made under the authority of the Energy Operators (Powers) Act 1979; by‑law 12 expressly prescribes a rate for the purposes of s. 62(16) of that Act. The by‑laws therefore interact directly with the Act’s provisions on payment and interest.

Commonwealth payment regulation:

• RBA Standard No. 3 of 2016. By‑law 3 defines “permitted surcharge” by reference to RBA Standard No. 3 of 2016, the Reserve Bank standard that sets scheme rules relating to merchant pricing for credit, debit and prepaid card transactions (by‑law 3). Schedule 4 item 8 requires that the transaction fee for card payments equal the permitted surcharge. This ties the by‑laws to a Commonwealth regulatory instrument implemented pursuant to the Payment Systems (Regulation) Act 1998, and thereby constrains how much the corporation can surcharge card transactions.

Consumer protection and Code of Conduct:

• Code of Conduct for the Supply of Electricity to Small Use Customers. By‑law 8(1)(a) makes the “relevant period” for payment dependent on the corporation’s due date where the Code applies to the consumer. That cross‑reference integrates the by‑laws with consumer protection rules tailored to small use customers and affects timing rights and obligations.
• Veterans’ and Centrelink concession card definitions. By‑law 9(1) imports definitions and schemes from Commonwealth legislation governing DVA gold cards and Centrelink concession cards to identify eligible individuals for a reduced meter testing fee (by‑law 9(2)). This creates a linkage between Commonwealth social security/DVA instruments and the by‑laws’ fee relief.

Local government and corporate structure interactions:

• Local Government Act 1995. By‑law 4(1A)(b) excludes local governments, regional local governments and regional subsidiaries from the definition of “government consumer,” referencing the Local Government Act 1995 s. 3.60. That exclusion determines whether a given body is treated as a government consumer under by‑law 4(1A) and therefore whether the Schedule 1 restrictions and exclusions apply to electricity supplied to such bodies.

Administrative law and court process:

• Civil recovery of debts. By‑law 8(4) frames unpaid amounts as debts recoverable in courts of competent jurisdiction. That connects the by‑laws to ordinary civil procedure rules and enforcement mechanisms under state court rules.

Temporal interaction via amendments:

• The compilation table records successive amendments from 2007 through to SL 2025/123 (26 June 2025). The by‑laws are a living instrument that updates rates and introduces new tariff structures (for example, MyPower provisions and tariff revisions), which means that practitioners must consult the consolidated by‑laws and the compilation table to determine the applicable rate at any point in time.

Operational interaction and technical infrastructure:

• Corporation’s app and online facility. Sch. 1 cl. 10 requires MyPower customers to use the corporation’s mobile application or online consumer facility and to agree to receive SMS alerts and email bills. While the by‑laws do not detail privacy or data security obligations, those technological requirements interact with data protection, telecommunications and consumer information laws and policies.

In sum, the by‑laws sit within a network of statutory and regulatory instruments. They import definitions from other energy statutes to determine system boundaries and entity identity, rely on Commonwealth standards for card payment surcharges, tie payment timing to the Code of Conduct for small customers and use Commonwealth concession card schemes to define eligibility for fee relief. Practitioners must therefore read these by‑laws in their statutory context and check for interlocking obligations and constraints that may determine applicability and compliance.

The compilation table and embedded amendment notes record a long history of iterative change from the by‑laws’ commencement in 2006 through to amendments issued in 2025. The by‑laws have been regularly updated to change tariff rates, add or delete clauses, and adjust fees. The compilation table provides dates, citations and commencement details for each amending instrument.

Key amendment facts shown in the text:

• Original by‑laws came into operation on 1 April 2006 (by‑law 2; compilation table first line).
• Multiple amendments followed across years: 2007, 2009, 2010, 2011, 2012 (two instruments), 2013, 2014 (two instruments), 2015, 2016 (two instruments), 2017 (three instruments), 2018, 2019, 2020, 2021, 2022, 2023 and 2024, with the most recent consolidation entry being the Energy Operators (Regional Power Corporation) (Charges) Amendment By‑laws 2025 (SL 2025/123) dated 26 June 2025 (compilation table). The compilation table lists the amendments and identifies which parts commenced immediately and which parts commenced later (often on 1 July following the gazettal of the amending by‑laws).
• Several by‑laws and schedules show explicit amendment footnotes in the body text. Examples include:
  • By‑law 3 (Terms used) was amended on multiple occasions: Gazette entries 30 Mar 2009 p. 1000; 29 Jun 2012 p. 2900; 22 Aug 2014 p. 3017; 22 Dec 2017 p. 5979; 26 Jun 2018 p. 2362 (by‑law 3). Those amendments indicate periodic updates to defined terms such as the RBA Standard reference and the definition of “residential tariff.”
  • By‑law 4 was amended by SL 2022/71 (bl. 4) to include or modify the exceptions for government consumers and to add references to integrated systems (by‑law 4 annotation).
  • By‑law 6 (Meter rental) was amended by SL 2022/71 bl. 5; Schedule 3 has been amended multiple times including insertions from SL 2020/78 and further amendments up to SL 2025/123 (see Schedule 3 notes).
  • Schedules 1, 2, 3 and 4 contain “inserted” notes marking the addition of new tariff lines and fees with the amendments in SL 2025/123 bl. 5-7. For example, Division 1 of Schedule 1 (Tariffs other than MyPower) shows clauses inserted by SL 2025/123 (Sch. 1 cl. 1-6 inserted: SL 2025/123 bl. 5), which suggests a substantive redrafting or update of tariff structures in 2025.

Notable substantive changes in recent amendments:

• Introduction and framing of the MyPower tariff structure. Sch. 1 Div. 2 (clauses 7-10) sets out the MyPower tariffs, the definitions of peak periods and peak days, and the eligibility criteria , these are explained as being inserted by SL 2025/123 bl. 5 (annotation next to Sch. 1 and its divisions). The introduction of MyPower involves both pricing (fixed charge and a low volumetric rate of $0.10 per unit) and behavioural conditions (digital engagement and peak limit enforcement).
• Revision of unit rates and fixed daily charges for general tariffs. The L2 and L4 tariffs and Tariff A2 include specific per‑unit cent charges and fixed daily charges that are explicitly recorded as inserted or amended by SL 2025/123 bl. 5. These numeric changes reflect tariff rebalancing that occurred at that amendment.
• Fee updates. Schedule 4 shows updated amounts and the insertion annotation SL 2025/123 bl. 7 accompanies the schedule. This indicates a consolidation of fees like the account establishment fee, meter testing fees (standard and reduced), remote configuration and meter damage fees and the treatment of transaction fees as the permitted surcharge.

Temporal operation of amendments:

• The compilation table indicates that many by‑law amendments take effect in stages: often “bl. 1 and 2” have the gazettal date as commencement, while other by‑laws commence on 1 July following gazettal (see the recurring pattern in the compilation table entries). Practitioners should therefore verify the specific commencement clause of any amending instrument to ensure which provisions are in force on a given date.
• Reprints occurred in 2009 (Reprint 1) and 2014 (Reprint 2), and the compilation table documents each amending instrument’s publication date and commencement. The presence of multiple reprints and frequent amendment instruments indicates an active process of regulatory updates.

Implication for practitioners:

• You must consult the consolidated by‑laws as of the relevant date. The body of the by‑laws includes inline amendment annotations (for example, “[By‑law 3 amended: Gazette 30 Mar 2009 p. 1000; …]”) and Schedule notes (e.g. “Clause 1 inserted: SL 2025/123 bl. 5”). Those annotations show the provenance of changes and provide the official entry point into the amendment history.
• Amendments have altered not only numeric rates but also eligibility and operational conditions (for example, MyPower technical requirements and the introduction of run‑time/pricing structures). The 2025 amendment appears particularly material because it inserted multiple tariff clauses and schedules (SL 2025/123).

The compilation table in the document is the authorised record of amendment instruments and commencement dates; any practitioner relying on these by‑laws should check the compilation table in the published version and any subsequent amending instruments after 26 June 2025 for further changes.

The text provided is a compilation of the Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 and its subsequent amendments up to SL 2025/123. The compilation contains no references to court decisions, adjudications, appeals or litigation concerning the by‑laws themselves. There are no cases named, no citations to judicial interpretations and no summaries of litigation in the by‑laws or the compilation table.

What the source shows and what practitioners should infer:

• The by‑laws are a statutory price and fees instrument; disputes arising under them are likely to be resolved through ordinary civil proceedings (for example, recovery of debts in court per by‑law 8(4) or judicial review of administrative decisions if a party seeks to challenge the corporation’s exercise of discretion). However, the compilation itself records no such proceedings.
• Because the by‑laws make unpaid amounts recoverable as debts, typical litigation arising from these provisions would be debt recovery suits, contractual disputes over tariff classification, or judicial review applications focused on the corporation’s application of eligibility tests or discretionary downgrading (e.g. in the MyPower context). None of those appear in this text.
• There are provisions that create potential avenues for litigation (for example, disputes about whether a premises is a dwelling for Tariff A2 under by‑law 5, or whether the corporation properly downgraded a MyPower consumer following peak allowance breaches under Sch. 1 cl. 8(5) and 9(5)), but the by‑laws themselves do not report any judicial decisions.

Practical note for advisers:

• If you require case law on the application or interpretation of these by‑laws, you must search court databases and tribunal records because the by‑laws do not include or cite litigation. The absence of litigation in the compilation does not mean disputes have not occurred; it means this instrument does not record them.
• Where regulatory disputes arise (for example, complaints about charges, surcharges, downgrading procedures or fee imposition), remedies will depend on the nature of the complaint: debt recovery, judicial review, consumer protection complaints to designated agencies, or complaint resolution under the Code of Conduct for small use customers where applicable. The by‑laws’ legal route for enforcement is civil recovery, as by‑law 8(4) makes clear.

In short, the compilation contains no recorded litigation history. Practitioners must look beyond the instrument to court and tribunal records to find judicial engagement with these by‑laws.

The by‑laws contain several traps and non‑obvious operational details that affect costs and compliance. Below are the principal “gotchas” that practitioners and compliance officers should note, with precise textual anchors.

1. MyPower is effectively closed to new entrants. MyPower tariffs require the consumer to have elected a MyPower tariff before 1 July 2022 and to have remained continuously supplied at that tariff since that election (Sch. 1 cl. 8(1)(b)-(c), 9(1)(b)-(c)). Practitioners should not assume new customers can opt into MyPower under these by‑laws; eligibility is historical and contingent on continuous supply at the selected tariff.

2. Digital and communication requirements are mandatory for MyPower eligibility. Sch. 1 cl. 10 requires consumers on MyPower tariffs to download and maintain the corporation’s mobile app or create an online account, and to receive text message alerts and email bills. Failure to maintain these may risk eligibility and expose customers to downgrading or removal from MyPower benefits.

3. Downgrading after repeated peak breaches. The corporation may downgrade a customer to the next lower MyPower tier on and from the day after the fourth peak‑day breach in a peak period (Sch. 1 cl. 8(5) and 9(5)). The procedural mechanics are unilateral in the text: the corporation “may instead supply electricity… at the MyPower tariff (if any) that is immediately below the original tariff.” There is no express notice procedure or appeal mechanism in the by‑laws; users should review the corporation’s own policies on notification and review.

4. Emergency event carve‑out is narrow. The corporation may consider emergency events (for example, cyclone or bushfire) in deciding peak exceedances (Sch. 1 cl. 7(2)(b)), but that discretion is the corporation’s; the by‑laws do not define “emergency event” beyond the example, nor prescribe evidence or remediation procedures.

5. Meter rental exemptions require a residential master account. By‑law 6(2) exempts subsidiary meter rental only where the premises are a dwelling, the supply is not used for industrial or commercial purposes, and the master account is supplied under a residential tariff. That triple condition is conjunctive; multiple dwellings supplied through one metered point may have special fixed daily charges under Tariff A2 (Sch. 1 cl. 3(2)(a)-(b)) but need careful analysis to determine whether subsidiary meter rental applies.

6. Interest applies only above $1,000 in arrears. The daily interest penalty at RBA cash rate plus six percentage points applies only to charges exceeding $1,000 that remain unpaid after the relevant period (by‑law 8(3)). For smaller overdue amounts the by‑law does not specify an equivalent daily interest rate, though other costs and fees (such as overdue notices in Sch. 4 item 6) may apply.

7. Transaction fees for card payments tied to RBA standard. Schedule 4 item 8 permits a surcharge for card payments equal to the “permitted surcharge” in RBA Standard No. 3 of 2016 (by‑law 3; Sch. 4 item 8). The by‑laws do not authorise an arbitrary card fee; application must be consistent with the RBA standard. Practitioners should confirm current RBA permitted surcharges as they change over time.

8. Government consumer exclusions are specific and sectoral. By‑law 4(1A) defines “government consumer” broadly and then excludes certain government entities (local governments etc.) in sub‑paragraphs, and sub‑bylaw (2A) removes Schedule 1 applicability to electricity supplied from a regional non‑integrated system or the North West interconnected system to a government consumer. The net effect can be that some government bodies are outside the by‑laws’ charging regime depending on system and ownership. Verify whether a supply comes from an excluded system before assuming Schedule 1 applies.

9. Tariff A2 residential rules probe use and structure. By‑law 5(2) permits application of residential tariffs to premises that would not otherwise be considered dwellings if independently supplied and separately metered solely for residential supply. This opens a narrow path for multi‑unit buildings, but also invites scrutiny over whether the actual use is residential only; misuse (mixed commercial/residential use) may trigger reclassification.

10. Schedule 2 unmetered charges are very detailed. Street lighting pricing is specified by lamp wattage and technology with multiple switch‑off profiles and differing cents‑per‑day values (Sch. 2 Div. 1). Local governments and contractors need to map their actual installations to the precise schedule entries to avoid misbilling.

11. The corporation’s operational discretion can affect predictable pricing. Several provisions give the corporation choice rather than mandating procedures: accepting Tariff C2 applications (Sch. 1 cl. 4(4) requires evidence but does not mandate acceptance), downgrading MyPower consumers (Sch. 1 cl. 8(5), 9(5)), and determining whether an emergency event applies (Sch. 1 cl. 7(2)(b)). Those discretionary levers matter for compliance and contestability.

12. Multiple commencement dates. The compilation table shows that amendments often commence on different dates (some immediately upon gazettal, others on 1 July after gazettal). Ensure you apply the correct consolidated rates for the relevant supply period.

These procedural and definitional nuances raise risks for customers and third parties who assume tariff access, eligibility or fee application without verifying the specific by‑law text and any corporation procedures that implement the by‑laws.

Compliance requires aligning billing, customer communication, meter and account management, and recordkeeping with the by‑laws’ substantive and procedural prescriptions. Below are concrete compliance steps and controls keyed to the relevant provisions.

1. Billing and tariff application

• Map each customer account to the correct tariff clause in Schedule 1 or Schedule 2. For metered customers, confirm whether the account is Tariff A2, L2, L4, K2, C2, D2 or a MyPower tariff and apply the fixed daily charge and volumetric rates exactly as stated (Sch. 1). For unmetered customers, match installations to the correct Schedule 2 item by lamp wattage/type or by installation type (traffic lights, public telephone, railway crossing).
• When a tariff change occurs during an accounting period, adjust charges by reference to the date giving the lower charge (by‑law 11). Ensure billing systems can pro rata or otherwise apply the lower of “effective date” or “applied to account date” adjustments.

2. Membership and eligibility controls

• Residential tariff checks: verify that premises claimed as a dwelling meet by‑law 5(1) conditions (used solely for residential purposes and not for industrial, commercial, business, or general purposes). For multiple dwellings on one metered point, apply the special fixed charge formula in Tariff A2 cl. 3(2)(a)-(b).
• MyPower compliance: maintain records proving the customer’s pre‑1 July 2022 election and continuous supply at the MyPower tariff (Sch. 1 cl. 8(1)(b)-(c), 9(1)(b)-(c)). Ensure customers have installed and remain registered on the corporation’s mobile app or online account and have agreed to receive SMS alerts and email bills (Sch. 1 cl. 10). Log any changes of device, mobile number or email to preserve eligibility.
• Community and charitable tariffs (C2/D2): require written applications and retain documentary evidence of non‑profit status and tax endorsement under ITAA 1997 Subdivision 50‑B (Sch. 1 cl. 4(3)-(4)). For D2, implement the bed capacity / equivalent domestic residence calculation and keep documentation supporting bed counts (Sch. 1 cl. 5(3)).

3. Payments, notices and overdue management

• Define “relevant period” operationally: for Code of Conduct customers, use the corporation’s due date; for others, use 14 days after payment request (by‑law 8(1)). Ensure billing systems time overdue triggers accordingly.
• Apply interest on overdue charges exceeding $1,000 using the RBA cash rate as at that day plus six percentage points (by‑law 8(3)). Implement safeguards so that interest is calculated daily and capped/limited as appropriate under any applicable sections of the Act (by‑law 8(3) is subject to Act s. 124(4a)).
• Use Schedule 4 fee codes for account establishment, meter testing, disconnections, payment rejections, paper bills and other transactional events; only apply card payment rises equal to the permitted surcharge per RBA Standard No. 3 of 2016 (by‑law 3; Sch. 4 item 8).
• For meter testing fee concessions, require customers to produce either a Centrelink health care card or pensioner concession card, or the Department of Veterans’ Affairs gold card or pensioner concession card, and retain evidence of eligibility to apply the reduced fee (by‑law 9(1)-(2); Sch. 4 item 4).

4. Meter and installation management

• Apply subsidiary meter rental where applicable at 17.9 cents per day (Sch. 3), and implement the by‑law 6(2) exemption where the premises meet the dwelling/master account/residential tariff conjunctive test. Keep records of master account tariff classifications and subsidiary meter installations.
• For street lighting and other unmetered installations, maintain an asset register detailing lamp wattage, lamp type and switch‑off profile to map to Schedule 2 entries and ensure accurate per‑day charge application.

5. Tariff enforcement and downgrade procedures

• For MyPower customers, implement monitoring to detect peak day exceedances. A “peak day” and “peak time” are defined in Sch. 1 cl. 7; record hourly consumption data to show whether consumers exceeded their “applicable peak allowance” during any hour in peak time on peak days. After the fourth breach in a peak period, the corporation may downgrade the customer. Ensure policy and customer communications explain the downgrade rule, evidence standards, notification timing and any appeals process the corporation chooses to adopt beyond the by‑laws.
• Document the corporation’s assessment processes for emergency events (Sch. 1 cl. 7(2)(b)) should a customer claim exemption from enforcement due to an emergency. Keep a template checklist for accepting emergency event claims (dates, official disaster declarations, outage reports etc.).

6. Records and audit trails

• Retain customer election records for MyPower, written tariff applications for C2, D2 and other special tariffs, concession evidence for reduced fees, billing notices, payment confirmations, rejected payment records and any notices of disconnection or remote connection/disconnection operations. These records are essential both for defence in debt recovery litigation and for regulatory complaint handling.
• Maintain a change log for any tariff reclassification, plan downgrades, and account establishment or transfer events to support later audit or dispute resolution.

7. Systems and staff training

• Ensure billing, CRM and meter‑reading systems are configured to apply the precise numeric charges and step thresholds in Sch. 1 (for example, L2 and L4 step thresholds at 1,650 units per day and annual consumption thresholds expressed in MWh).
• Train staff on eligibility criteria, required documentary evidence, and the corporation’s discretionary powers under the by‑laws. Provide scripts for customer interactions explaining the MyPower app/online account requirement and consequences of peak exceedances.

8. Regulatory liaison and updates

• Monitor the compilation table and gazetted amendment instruments because many substantive tariff and fee changes are effected by scheduled amendments that commence on specific dates (see compilation table). Implement a monthly review process to capture amending instruments and apply those changes in billing cycles that straddle amendment commencement dates.

9. Consumer communications

• Draft clear notices explaining the relevant period for payment, the $1,000 interest threshold, the card surcharge policy (linked to permitted surcharge), and the procedural steps and evidence required for tariff applications and concession fee eligibility. Ensure MyPower customers are told both their digital engagement obligations and the monitoring/downgrade regime.

10. Legal and compliance checks

• Have templates for written applications for Tariff C2 and evidence collection for Tariff D2, and a legal review process to check that fee changes and interest computations adhere to the by‑laws and any governing Act limits (for example, ensure interest computations respect Act s. 124(4a) where that handling is triggered).

Following these steps will align an operational billing and compliance program with the by‑laws’ precise requirements. Record retention, procedural clarity on downgrades and robust monitoring of MyPower peak allowances are particularly important because they create the largest operational exposure under the current text.