Question On Notice No. 2977 asked in the Legislative Council on 9 June 2020 by Hon Martin Aldridge
Question Directed to the: Minister for Regional Development representing the Minister for Commerce
Parliament: 40 Session: 1
Question
I refer to the Electricity (Licensing) Regulations 1991 with reference
to regulation 52A, and I ask:
(a) does regulation 52A(2a) provide for notices of completion and
preliminary notices to be transmitted by facsimile;
(b) does the Notice issued by the Director of Energy Safety and published in
the Government Gazette on 14 June 2019 prohibit the use of facsimile
transmission; and
(c) if yes to (b), is the Notice issued by the Director of Energy Safety
unlawful as it contravenes regulation 52A(2a)?
Answered on 11 August 2020
(a) Yes.
(b)-(c) By notice published in the Government Gazette on 14 June 2019, the Director of Energy Safety declared that as of 1 July 2019 service of preliminary notices and as of 1 October 2019 service of notices of completion could only be effected via eNotice.
Despite the declaration, Building and Energy and the relevant network operators continued to accept paper based notices after the stated cut-off dates. Building and Energy where subsequently advised that it did not have the ability to make such a declaration. This declaration therefore had no legal effect and was revoked by subsequent notice published in the Government Gazette on 23 June 2020.