Electricity Supply Industry (Contestable Customer) Amendment Regulations 2006


Tasmanian Crest
Electricity Supply Industry (Contestable Customer) Amendment Regulations 2006

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Electricity Supply Industry Act 1995 .

18 December 2006

W. J. E. COX

Governor

By His Excellency's Command,

MICHAEL AIRD

Treasurer

1.   Short title

These regulations may be cited as the Electricity Supply Industry (Contestable Customer) Amendment Regulations 2006 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Electricity Supply Industry (Contestable Customer) Regulations 2005 are referred to as the Principal Regulations.

4.    Regulation 14 amended (Establishment of fallback contract)

Regulation 14(1) of the Principal Regulations is amended as follows:
(a) by omitting "for the supply of customer retail services";
(b) by omitting from paragraph (c) "supply" and substituting "retailing".

5.    Regulation 15 amended (Pro-forma fallback contract)

Regulation 15 of the Principal Regulations is amended as follows:
(a) by inserting in subregulation (1) "specified in the draft pro-forma fallback contract" after "services";
(b) by omitting from subregulation (2) "customer retail services" and substituting "the customer retail services specified in the contract".

6.    Regulation 15A inserted

After regulation 15 of the Principal Regulations , the following regulation is inserted in Part 3:

15A.   Amendment of fallback contract

(1)  In this regulation –
prescribed services means the services prescribed under regulation 5 .
(2)  If –
(a) a fallback contract in respect of a single site contains terms and conditions relating to prescribed services; and
(b) the contestable customer is supplied with the prescribed services under a new or existing contract in respect of the single site covered by the fallback contract; and
(c) the fallback contract is still required to provide for the retailing of electricity to the single site covered by the fallback contract –
the fallback contract remains in force in respect of the retailing of electricity but is taken not to include the terms and conditions relating to the prescribed services.

7.    Regulation 16 amended (Cessation of fallback contract)

Regulation 16(1) of the Principal Regulations is amended by omitting paragraph (a) and substituting the following paragraph:
(a) a retailer, under a contract in respect of the single site covered by the fallback contract, retails electricity to the customer;

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 19 December 2006

These regulations are administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Electricity Supply Industry (Contestable Customer) Regulations 2005 by clarifying that a fallback contract –
(a) only exists if no existing contract or tariff covers the retailing of electricity to a site; and
(b) may include terms and conditions relating to customer retail services other than the retailing of electricity to a site.