The ERA is required by the National Gas Access (WA) Act 2009 (NGL(WA)) to publish indexed civil and criminal penalty amounts that apply to conduct from 4 September 2024. The first adjustment occurred on 5 September 2024, the second adjustment is to occur on 1 July 2026 and the next adjustment is to occur on 1 July every 3 years after that.
Section 3A of the NGL(WA) specifies the maximum civil penalties for contraventions of civil penalty provisions. Section 279 of the of the NGL(WA) specifies the infringement penalties payable in relation to infringement notices issued and provides three tiers of civil penalty provision:
- Tier 1 civil penalty provision means a provision with a civil penalty determined under Part 1 section 3A(1)(c) of the NGL(WA).
- Tier 2 civil penalty provision means a provision with a civil penalty determined under Part 1 section 3A(1)(b) of the NGL(WA).
- Tier 3 civil penalty provision means a provision with a civil penalty determined under Part 1 section 3A(1)(a) of the NGL(WA).
Indexed civil penalty amounts
Regulation 13A of the National Gas Regulation (NGR) sets out the formula for indexation. The following tables specify the civil penalty and infringement penalty amounts that apply on and from 1 July 2026, being the date of adjustment.
Civil penalties
In the case of a natural person
| Section | Amount that applies on and from 1 July 2026 | Amount applied between 4 September 2023 and 1 July 2026 | Original amount provided in NGL(WA) | Notes |
|---|---|---|---|---|
| NGL(WA) s 3A(1)(a)(i)(A) | An amount not exceeding $46,500. | $37,500 | $33,900 | Applies to breaches of Tier 3 civil penalty provisions |
| NGL(WA) s 3A(1)(a)(i)(B) | An amount not exceeding $4,650 for every day the breach continues. | $3,750 | $3,390 | Applies to breaches of Tier 3 civil penalty provisions |
| NGL(WA) s 3A(1)(b)(i)(A) | An amount not exceeding $393,200. | $317,400 | $287,000 | Applies to breaches of Tier 2 civil penalty provisions |
| NGL(WA) s 3A(1)(b)(i)(B) | An amount not exceeding $19,700 for every day the breach continues. | $15,900 | $14,400 | Applies to breaches of Tier 2 civil penalty provisions |
| NGL(WA) s 3A(1)(c)(i) | An amount not exceeding $685,000. | $552,900 | $500,000 | Applies to breaches of Tier 1 civil penalty provisions |
In the case of a body corporate
| Section | Amount that applies on and from 1 July 2026 | Amount applied between 4 September 2023 and 1 July 2026 | Original amount provided in NGL(WA) | Notes |
|---|---|---|---|---|
| NGA s 3A(1)(a)(ii)(A) | An amount not exceeding $232,900. | $188,000 | $170,000 | Applies to breaches of Tier 3 civil penalty provisions |
| NGA s 3A(1)(a)(ii)(B) | An amount not exceeding $23,300 for every day the breach continues. | $18,800 | $17,000 | Applies to breaches of Tier 3 civil penalty provisions |
| NGA s 3A(1)(b)(ii)(A) | An amount not exceeding $1,965,900. | $1,587,200 | $1,435,000 | Applies to breaches of Tier 2 civil penalty provisions |
| NGA s 3A(1)(b)(ii)(B) | An amount not exceeding $98,400 for every day the breach continues. | $79,400 | $71,800 | Applies to breaches of Tier 2 civil penalty provisions |
| NGA s 3A(1)(c)(ii) | (A) An amount not exceeding $13,699,300. (B) If the court can determine the value of any benefit reasonably attributable to the breach of the civil penalty provision, an amount not exceeding 3x the value of that benefit. (C) If the court cannot determine the value of the benefit, an amount not exceeding 10% of the annual turnover of the body corporate during the 12-month period in which the body corporate breached the civil penalty provision. | $11,060,400 | $10,000,000 | Applies to breaches of Tier 1 civil penalty provisions |
Infringement penalties
In the case of a natural person
| Section | Amount that applies on and from 1 July 2026 | Amount applied between 4 September 2023 and 1 July 2026 | Original amount provided in NGL(WA) | Notes |
|---|---|---|---|---|
| NGL(WA) s 279(2)(a)(i) | $9,300 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision. | $7,510 | $6,790 | Applies to breaches of Tier 3 civil penalty provisions |
| NGL(WA) s 279(2)(b)(i) | $18,600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision. | $15,000 | $13,600 | Applies to breaches of Tier 1 and 2 civil penalty provisions. |
In the case of a body corporate
| Section | Amount that applies on and from 1 July 2026 | Amount applied between 4 September 2023 and 1 July 2026 | Original amount provided in NGL(WA) | Notes |
|---|---|---|---|---|
| NGL(WA) s 279(2)(a)(ii)(A) & (B) | (A) if the AER makes a determination under subsection (2) — $9,300 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or (B) in any other case — $46,500 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision. | (A) $7,510 (B) $37 500 | (A) $6,790 (B) $33,900 | Applies to breaches of Tier 3 civil penalty provisions |
| NGL(WA) s 279(2)(b)(ii) | $92,900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision. | $75,000 | $67,800 | Applies to breaches of Tier 1 and 2 civil penalty provisions. |
Criminal penalties
In the case of a natural person
| Section | Reason | Amount that applies on and from 1 July 2026 | Amount applied between 4 September 2023 and 1 July 2026 | Original amount provided in NGL(WA) |
|---|---|---|---|---|
| s 34 | Return of identity cards | $850 | $690 | $620 |
| s 41 | Obstruction of persons authorised to enter | $4,660 | $3,760 | $3,400 |
| s 42(3) | Relevant notice served | $8,640 | $6,970 | $6,300 |
| s 42(3a) | Appearing before the ERA | $8,640 | $6,970 | $6,300 |
| s 42(4) | Provide false or misleading material in a notice | $8,640 | $6,970 | $6,300 |
| s 42(9b) | Refuse or fail to be sworn for an oath or affirmation | $8,640 | $6,970 | $6,300 |
| s 42(18) | Threaten or cause damage to a person providing information to a notice | $8,640 | $6,970 | $6,300 |
| s 60 | Providing to ERA false and misleading information | $8,640 | $6,970 | $6,300 |
| s 200 | Disclosure of information | $4,660 | $3,760 | $3,400 |
| s 202 | Failing to attend as a witness | $8,640 | $6,970 | $6,300 |
| s 203 | Failing to answer questions | $8,640 | $6,970 | $6,300 |
| s 204 | Intimidation | $8,640 | $6,970 | $6,300 |
In the case of a body corporate
| Section | Reason | Amount that applies on and from 1 July 2026 | Amount applied between 4 September 2023 and 1 July 2026 | Original amount provided in NGL(WA) |
|---|---|---|---|---|
| s 34 | Return of identity cards | $850 | $690 | $620 |
| s 41 | Obstruction of persons authorised to enter | $23,300 | $18,800 | $17,000 |
| s 42(3) | Relevant notice served | $43,100 | $34,800 | $31,500 |
| s 42(3a) | Appearing before the ERA | $8,640 | $6,970 | $6,300 |
| s 42(4) | Provide false or misleading material in a notice | $43,100 | $34,800 | $31,500 |
| s 42(9b) | Refuse or fail to be sworn for an oath or affirmation | $8,640 | $6,970 | $6,300 |
| s 42(18) | Threaten or cause damage to a person providing information to a notice | $8,640 | $6,970 | $6,300 |
| s 60 | Providing to ERA false and misleading information | $43,100 | $34,800 | $34,800 |
| s 200 | Disclosure of information | $23,300 | $18,800 | $17,000 |
| s 202 | Failing to attend as a witness | $8,640 | $6,970 | $6,300 |
| s 203 | Failing to answer questions | $8,640 | $6,970 | $6,300 |
| s 204 | Intimidation | $8,640 | $6,970 | $6,300 |