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s 120N

General matters to be dealt with in regulations

In force
Part 8APilbara networks
Division 3Pilbara networks rules

120N General matters to be dealt with in regulations

(1)

The regulations may prescribe all matters that are necessary or convenient to be prescribed —

(a)

in relation to the matters set out in section 120K; and

(b)

to give effect to the purpose set out in section 119(1)(c); and

(c)

to meet the Pilbara electricity objective in relation to those matters.

(2)

Without limiting section 120K, 131 or 131B or subsection (1), the regulations may do all or any of the following —

(a)

regulate the conduct of persons and impose obligations on them;

(b)

confer functions, or authorise the Pilbara networks rules to confer functions, on any of the following —

(i)

the Minister;

(ii)

the Authority;

(iii)

the Pilbara ISO;

(iv)

a person holding an office under a written law;

(v)

a body established under a written law;

(vi)

any other person;

(c)

provide for the relationship between the Minister or another Minister and a person or body referred to in paragraph (b)(ii) to (vi) in relation to the performance of the functions of the person or body;

(d)

authorise the Pilbara networks rules to confer rights and impose obligations on Pilbara networks participants;

(e)

provide, or authorise the Pilbara networks rules to provide, for the resolution of disputes between Pilbara networks participants;

(f)

authorise the Pilbara networks rules to  —

(i)

authorise the Pilbara ISO to make instruments establishing protocols and procedures and any other instruments related to the performance of its functions; and

(ii)

provide for the effect of those instruments;

(g)

provide for the process of making, amending, repealing or replacing an instrument made by the Pilbara ISO under a power conferred under paragraph (f);

(h)

provide, or authorise the Pilbara networks rules to provide, for metering of electricity in covered Pilbara networks and interconnected Pilbara networks, including by providing for —

(i)

the provision, operation and maintenance of metering equipment; and

(ii)

ownership of and access to metering data;

(i)

provide, or authorise the Pilbara networks rules to provide, for the regulation of the disclosure and use of confidential or commercially sensitive information;

(j)

in respect of costs incurred in the performance of functions conferred on a person or body referred to in paragraph (b)(ii) to (vi), provide for —

(i)

the implementation of accounting arrangements to enable those costs to be identified; and

(ii)

the allocation of those costs between Pilbara networks participants; and

(iii)

the recovery of those costs;

(k)

provide, or authorise the Pilbara networks rules to provide, for the regulation of matters —

(i)

of a savings, transitional or supplementary nature; or

(ii)

that are otherwise necessary or convenient for the purposes of this Division.

(3)

The reference to costs in subsection (2)(j) includes, in relation to the Pilbara ISO, any costs incurred in anticipation of, or in preparation for, the performance of the functions of the Pilbara ISO.

(4)

Despite subsection (2), the regulations may regulate the conduct of, and confer rights and impose obligations on, network service providers of Pilbara networks that are not covered Pilbara networks or interconnected Pilbara networks only for the purposes set out in section 120K(3).

[Section 120N inserted: No. 9 of 2020 s. 19.]

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Section 120N — General matters to be dealt with in regulations — Electricity Industry Act 2004 (Western Australia) — Barrister AI