Fuel, Energy and Power Resources Amendment Bill 2026
69—1 page i
Western Australia
Fuel, Energy and Power Resources Amendment
Bill 2026
Contents
Short title 2
Commencement 2
Act amended 2
Section 47 amended 2
Section 49 amended 2
Sections 49A and 49B inserted 3
49A. Modified penalties 3
49B. Investigations and prosecutions 4
Section 50 amended 5
Sections 54 and 55 replaced 6
Protection from liability 6
Section 56 replaced 8
Compensation: main provisions 8
56A. Compensation: making application 11
56B. Compensation: further information 12
56C. Compensation: notice of decision 13
56D. Compensation: regulations 14
56E. Compensation: standing appropriation 14
Section 58 amended 15
Section 60 deleted 15
Section 63 inserted 15
Transitional provisions for Fuel, Energy
and Power Resources Amendment
Act 2026 15
page 1
Western Australia
LEGISLATIVE ASSEMBLY
Fuel, Energy and Power Resources Amendment
Bill 2026
A Bill for
An Act to amend the Fuel, Energy and Power Resources Act 1972.
The Parliament of Western Australia enacts as follows:
Fuel, Energy and Power Resources Amendment Bill 2026
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page 2
Short title1
This is the Fuel, Energy and Power Resources Amendment2
Act 2026.3
Commencement4
This Act comes into operation as follows —5
(a) sections 1 and 2 — on the day on which this Act6
receives the Royal Assent;7
(b) the rest of the Act — on the day after that day.8
Act amended9
This Act amends the Fuel, Energy and Power Resources10
Act 1972.11
Section 47 amended12
Delete section 47(2)(i).13
Section 49 amended14
(1) In section 49(3):15
(a) in paragraph (a) delete “$10 000;” and insert:16
17
$50 000;18
19
(b) delete paragraph (b) and insert:20
21
(b) in the case of a body corporate, a fine of22
$250 000.23
24
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(2) In section 49(5) delete “given to him” and insert:1
2
made3
4
6. Sections 49A and 49B inserted5
After section 49 insert:6
7
49A. Modified penalties8
(1) This Act is taken to be —9
(a) a prescribed Act for the purposes of the10
Criminal Procedure Act 2004 Part 2; and11
(b) prescribed under the Fines, Penalties and12
Infringement Notices Enforcement Act 199413
section 12(1) as an enactment to which Part 314
of that Act applies.15
(2) For the purpose of applying the Criminal Procedure16
Act 2004 Part 2 in relation to this Act, the Governor17
may make regulations prescribing, or providing for,18
any matter that that Part authorises or requires to be19
prescribed, or provided for, by regulations under a20
prescribed Act.21
(3) Subsection (4) applies in relation to the service of an22
infringement notice under the Criminal Procedure23
Act 2004 Part 2 by an authorised officer in relation to24
an alleged offence under this Act.25
(4) The infringement notice must be served within —26
(a) 21 days after the day on which the authorised27
officer forms the opinion that there is sufficient28
evidence to support the allegation of the29
offence; and30
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(b) 6 months after the day on which the alleged1
offence is believed to have been committed.2
(5) The Criminal Procedure Act 2004 Part 2 is modified to3
the extent necessary to give effect to subsection (4).4
(6) Regulations under this section are not emergency5
regulations.6
(7) Section 45 does not apply to the power to make7
regulations under this section.8
49B. Investigations and prosecutions9
(1) In this section —10
approved officer means a public service officer11
approved under regulations under subsection (2).12
(2) The Governor may make regulations providing for a13
prescribed person to approve public service officers for14
the purposes of this section.15
(3) An approved officer is authorised —16
(a) to investigate offences against this Act; and17
(b) to commence prosecutions for offences against18
this Act.19
(4) For the purposes of the Criminal Investigation20
Act 2006 section 9(1), the approval of a public service21
officer under regulations under subsection (2) is taken22
to be an appointment to an office under a written law23
for a public purpose.24
(5) The office of approved officer is prescribed by this Act25
under the Criminal Investigation Act 200626
section 9(1)(a).27
(6) The Governor may make regulations prescribing28
powers in the Criminal Investigation Act 2006 that an29
approved officer may exercise, being powers that that30
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Act expressly provides may be exercised by a public1
officer.2
(7) Powers prescribed by regulations under subsection (6)3
are prescribed by this Act under the Criminal4
Investigation Act 2006 section 9(1)(b) as powers that5
an approved officer may exercise.6
(8) The Governor may make regulations doing any of the7
following —8
(a) restricting the exercise by approved officers of9
powers under the Criminal Investigation10
Act 2006;11
(b) making other provision in relation to the12
exercise by approved officers of powers under13
the Criminal Investigation Act 2006;14
(c) making other provision that is necessary or15
convenient for giving effect to this section.16
(9) Regulations under this section are not emergency17
regulations.18
(10) Section 45 does not apply to the powers to make19
regulations under this section.20
21
7. Section 50 amended22
(1) Delete section 50(6) and insert:23
24
(6) An order made under emergency regulations under this25
Part is subsidiary legislation.26
(6A) The Interpretation Act 1984 section 42 applies to an27
order made under emergency regulations under this28
Part as if the order were regulations.29
30
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(2) In section 50(7) delete “given under this Part to any person or1
body, a person” and insert:2
3
made under this Part, a person or body4
5
8. Sections 54 and 55 replaced6
Delete sections 54 and 55 and insert:7
8
54. Protection from liability9
(1) In this section —10
protected action means an act or omission done or11
made by a protected entity in good faith —12
(a) in the performance, or purported performance,13
of a function under this Part or a relevant14
instrument; or15
(b) in assisting another protected entity in the16
performance, or purported performance, of a17
function under this Part or a relevant18
instrument; or19
(c) otherwise in the carrying out of the20
administration of this Act;21
protected entity means any of the following —22
(a) the State;23
(b) the Governor;24
(c) a Minister of the Crown;25
(d) a public service officer;26
(e) an authority, department, instrumentality,27
person or body to which a direction under28
section 42 applies;29
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(f) a member, officer or employee of an authority,1
department, instrumentality, person or body to2
which a direction under section 42 applies;3
relevant instrument means —4
(a) emergency regulations under this Part; or5
(b) an order or direction made or given under6
emergency regulations under this Part; or7
(c) regulations under section 49A, 49B or 56D.8
(2) A protected entity has, and can have, no liability in tort9
for a protected action done or made by the protected10
entity or another protected entity.11
(3) If, before the Fuel, Energy and Power Resources12
Amendment Act 2026 section 8 comes into operation, a13
protected entity has a liability in tort for a protected14
action done or made by the protected entity or another15
protected entity, the liability is extinguished if it arose16
on or after 5 May 2026.17
(4) The protections from liability in subsections (2) and (3)18
apply to a person or body that is a former protected19
entity as if they were still a protected entity but only20
if —21
(a) the protected action was done or made while22
they were a protected entity; or23
(b) but for the protection, they would have the24
liability because of their role as a protected25
entity.26
(5) Subsections (2) and (3) apply even if the protected27
action may have been capable of being done or made28
whether or not this Act had been enacted.29
30
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9. Section 56 replaced1
Delete section 56 and insert:2
3
56. Compensation: main provisions4
(1) In this section —5
relevant instrument means —6
(a) emergency regulations under this Part; or7
(b) an order or direction made or given under8
emergency regulations under this Part.9
(2) A person may apply to the Minister for compensation10
for loss or damage.11
(3) If a person applies to the Minister, the Minister may12
pay the applicant an amount of compensation for loss13
or damage, as determined by the Minister, if the14
Minister is of the opinion —15
(a) that the applicant —16
(i) is or was required to comply with a17
relevant instrument; and18
(ii) incurred the loss or damage as a direct19
result of the applicant complying with20
the relevant instrument as the applicant21
is or was required;22
and23
(b) that —24
(i) the application is not a late application;25
or26
(ii) the application is a late application but it27
is just and reasonable to consider the28
application despite it being a late29
application;30
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and1
(c) that it is just and reasonable to pay the applicant2
the amount of compensation.3
(4) For the purposes of subsection (3)(b), the application is4
a late application if the application is made later5
than —6
(a) 12 months after the day on which the applicant7
incurred the loss or damage; or8
(b) 12 months after the day on which the state of9
emergency to which the relevant instrument10
referred to in subsection (3)(a) related (as that11
state of emergency was renewed from time to12
time (if at all)) ceased to subsist.13
(5) Despite subsection (3), the Minister must not pay14
compensation for loss or damage if the Minister is of15
the opinion that the loss or damage is either or both of16
the following —17
(a) loss or damage that directly or indirectly results18
or arises from, or that is in any way directly or19
indirectly connected with —20
(i) a permit or rationing system in relation21
to the sale or supply of fuel, energy or22
power or of any other type of goods or23
service; or24
(ii) any other type of prohibition, limitation25
or restriction on the sale or supply of26
fuel, energy or power or of any other27
type of goods or service;28
(b) loss or damage that is incurred in like manner29
by the community at large or by any substantial30
portion of the community.31
(6) In determining whether to pay compensation for loss or32
damage to an applicant, and the amount of any33
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compensation to be paid, the Minister may (without1
limitation) have regard to 1 or more of the following —2
(a) the financial and other interests of the State;3
(b) the impact on the applicant of the loss or4
damage;5
(c) whether the applicant took steps to avoid or6
mitigate the loss or damage and, if so, the steps7
taken;8
(d) any compensation for, or any other type of9
payment in respect of, the loss or damage that10
the applicant —11
(i) has received, is entitled to receive or can12
reasonably be expected to receive from13
an insurer or other person; or14
(ii) will not or might not receive from an15
insurer or other person because of an act16
or omission of the applicant.17
(7) The Minister may determine an amount of18
compensation for loss or damage to be paid to an19
applicant that is either or both of the following —20
(a) different to the amount of compensation21
claimed in the application;22
(b) only partial compensation for the loss or23
damage.24
Note for this subsection:25
For the purposes of paragraph (a), see section 56A(1)(a).26
(8) The Minister may pay interest, at a rate determined by27
the Minister, on an amount of compensation if the28
Minister is of the opinion that it is just and reasonable29
to do so.30
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56A. Compensation: making application1
(1) An application under section 56 for compensation for2
loss or damage must be in writing and include the3
following —4
(a) a statement of the amount of compensation5
claimed;6
(b) details and evidence of the loss or damage,7
including of the day on which the applicant8
incurred the loss or damage;9
(c) a detailed calculation of the amount of loss or10
damage and of the amount of compensation11
claimed;12
(d) a detailed explanation of how the applicant’s13
compliance with a relevant instrument (as14
defined in section 56(1)) directly resulted in the15
loss or damage;16
(e) details of any steps that the applicant took to17
avoid or mitigate the loss or damage;18
(f) details of any compensation for, or any other19
type of payment in respect of, the loss or20
damage that the applicant —21
(i) has received, is entitled to receive or can22
reasonably be expected to receive from23
an insurer or other person; or24
(ii) will not or might not receive from an25
insurer or other person because of an act26
or omission of the applicant;27
(g) details of any steps that the applicant has taken,28
or proposes to take, to claim from an insurer or29
other person any compensation for, or any other30
type of payment in respect of, the loss or31
damage;32
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(h) any information or document prescribed under1
regulations under section 56D.2
(2) The application may include any other information or3
document that, in the applicant’s opinion, is relevant.4
(3) The application must —5
(a) be made in the manner prescribed (if any)6
under regulations under section 56D; and7
(b) be verified in the manner prescribed (if any)8
under regulations under section 56D; and9
(c) otherwise accord with any regulations under10
section 56D.11
56B. Compensation: further information12
(1) If a person makes an application under section 56 for13
compensation for loss or damage, the Minister may, by14
written notice given to the applicant (the information15
notice), require the applicant to give the Minister16
further information or documents, as specified or17
described in the information notice, for the purposes of18
the Minister’s consideration of the application.19
(2) The information notice —20
(a) must specify the period within which the21
information or documents must be given to the22
Minister, which must be —23
(i) the period of 21 days after the day on24
which the information notice is given to25
the applicant; or26
(ii) a longer period determined by the27
Minister;28
and29
(b) must include an explanation of the effects of30
subsections (3) and (4); and31
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(c) may require the information or documents to be1
given to the Minister in a manner specified in2
the information notice; and3
(d) may require the information or documents to be4
verified in a manner specified in the5
information notice.6
(3) The Minister may, by written notice given to the7
applicant, extend or further extend the specified period8
(even if that period, or that period as previously9
extended, has ended).10
(4) If the applicant does not comply with the requirements11
of the information notice within the specified period or12
that period as extended —13
(a) the application lapses; and14
(b) the applicant cannot make another application15
under section 56 for compensation for the loss16
or damage or for any part of it.17
(5) The Minister may, by written notice given to the18
applicant —19
(a) revoke the information notice; or20
(b) amend the information notice, but not in a way21
that makes it more difficult for the applicant to22
comply with the requirements of the23
information notice.24
(6) There is no limit on the number of notices that the25
Minister can give under subsection (1) in respect of an26
application.27
56C. Compensation: notice of decision28
If a person makes an application under section 56 for29
compensation for loss or damage, the Minister must, as30
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soon as practicable after deciding the application, give1
the applicant a written notice stating —2
(a) the decision and the reasons for it; and3
(b) if the Minister decides to pay compensation —4
details of the amount and how the amount was5
determined; and6
(c) if the Minister decides to pay interest on the7
amount of compensation — details of the rate8
and amount of interest and how the rate and9
amount were determined.10
56D. Compensation: regulations11
(1) The Governor may make regulations in relation to12
applications under section 56 for compensation for loss13
or damage, including regulations prescribing —14
(a) information and documents that must be15
included in an application; and16
(b) the manner in which an application must be17
made or verified.18
(2) Regulations under this section are not emergency19
regulations.20
(3) Section 45 does not apply to the power to make21
regulations under this section.22
56E. Compensation: standing appropriation23
(1) A payment of compensation or interest under24
section 56 is charged to the Consolidated Account,25
which this subsection appropriates accordingly.26
(2) Section 52 does not apply to compensation or interest27
under section 56.28
29