Relevant Legislation

Enabling Legislation

The Authority was established on 1 January 2004 as a body corporate with perpetual succession under section 4 of the Economic Regulation Authority Act 2003.

Other relevant legislation includes the:

  • Economic Regulation Authority (Gas Pipelines Access Funding) Regulations 2003; and
  • Economic Regulation Authority (Transitional) Regulations 2003.

Legislation Administered

The Authority has a number of powers and obligations derived from certain Acts of Parliament, Regulations made under those Acts and other subsidiary legislation, such as Codes.

The relevant legislation in relation to the gas industry includes the:

  • Energy Coordination Act 1994;
  • Gas Pipelines Access (Western Australia) Act 1998;
  • Energy Coordination Regulations 2004;
  • Energy Coordination (Customer Contracts) Regulations 2004;
  • Energy Coordination (Last Resort Supply) Regulations 2005;
  • Energy Coordination (Licensing Fees) Regulations 2005;
  • Energy Coordination (Retail Market Schemes) Regulations 2004;
  • Gas Pipelines Access (Western Australia) Regulations 2000;
  • Gas Pipelines Access (Western Australia) (Funding) Regulations 1999; and
  • Gas Marketing Code of Conduct 2004.

With regard to the electricity industry, the Authority has a number of powers and obligations pursuant to the following legislation:

  • Electricity Industry Act 2004;
  • Electricity Industry (Access Code Enforcement) Regulations 2005;
  • Electricity Industry (Code of Conduct) Regulations 2005;
  • Electricity Industry (Customer Contracts) Regulations 2005;
  • Electricity Industry (Licence Conditions) Regulations 2005;
  • Electricity Industry (Licensing Fees) Regulations 2005;
  • Electricity Industry (Obligation to Connect) Regulations 2005;
  • Electricity Industry (Wholesale Electricity Market) Regulations 2004;
  • Electricity Industry (Network Quality and Reliability of Supply) Code 2005;
  • Wholesale Electricity Market Rules;
  • Code of Conduct for the Supply of Electricity to Small Use Customers;
  • Electricity Industry Customer Transfer Code 2004;
  • Electricity Networks Access Code 2004; and
  • Electricity Industry Metering Code 2005.

Relevant legislation in relation to the water industry includes the:

  • Water Services Licensing Act 1995; and
  • Water Services Coordination Regulations 1996.

The Authority's powers and obligations with regard to the rail industry are set out in the:

  • Railways (Access) Act 1998; and
  • Railways (Access) Code 2000.

Other Legislation Impacting on the Authority

Other legislation that impacts on the Authority in the performance of its functions include the:

  • Corruption and Crime Commission Act 2003;
  • Disability Services Act 1993;
  • Equal Opportunity Act 1984;
  • Financial Administration and Audit Act 1995;
  • Freedom of Information Act 1992 (in relation to non-regulatory matters);
  • Industrial Relations Act 1979;
  • Public Interest Disclosure Act 2003;
  • Public Sector Management Act 1994; and
  • State Records Act 2000.