The Penalties and Enforcement Package amended the National Gas Access (Western Australia) Law by:
- expanding the enforcement powers of the Economic Regulation Authority (including enabling the regulator to require witnesses to attend for oral examination during investigations);
- amending the civil penalty framework by introducing a three-tier regime;
- increasing the civil and criminal offence penalty amounts; and
- introducing a consumer price adjustment to penalty amounts every three years.
The Package commenced in other Australian jurisdictions in January 2021 as a result of the Statutes Amendment (National Energy Laws) (Penalties and Enforcement) Act 2020 (SA) and the National Gas (South Australia) (Penalties) Variation Regulations 2021 (SA). The reforms were agreed by Energy Ministers and national consultation on the legislative package conducted in November 2019 to January 2020.
Western Australia consulted on its intention to apply the Package to Western Australia in March and April 2023, releasing a consultation package comprised of an information paper and draft adoption instruments. One submission was received.
The Penalties and Enforcement Package was applied to Western Australia with the commencement of the adoption instruments on 4 September 2024.
Consultation documents
One submission was received.
