If the ERA has reason to believe that a person is capable of providing information, producing a document or giving evidence that the ERA requires for the performance or exercise of a function or power conferred on it under Section 42 of the National Gas Access (Western Australia) Law (NGL(WA)), the ERA may, by notice in writing, serve on that person a notice.
A notice may be issued by the ERA that requires the recipient to:
- Provide information in writing signed by the recipient or competent officer of the recipient within the time and in the manner specified; and/or
- Produce documents to the ERA, or to a person specified in the compulsory notice; and/or
- Appear before the ERA, at a time and place specified in the compulsory notice, to give evidence, orally or in writing, and produce documents.
Section 68 of the NGL(WA) requires the ERA to publish guidelines about the exercise of these powers. The guidelines must include information about:
- The rights and obligations of persons who are served with relevant notice under that section; and
- The penalties applying under that section for non-compliance with a notice; and
- The purpose for which information obtained under that section may be used.
The ERA has published a Draft compulsory notice guideline and invites interested parties to make submissions on the draft guideline using the form on our Current Consultation webpage. Submissions close 4:00pm (WST) Monday, 31 August 2026.