Electricity Supply Industry (Tariff Customers) Regulations 2008

Electricity Supply Industry (Tariff Customers) Regulations 2008

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 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

MICHAEL AIRD

Treasurer

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Electricity Supply Industry (Tariff Customers) Regulations 2008 .

2.   Commencement

These regulations take effect on 29 July 2008.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

Act means the Electricity Supply Industry Act 1995 ;

business day means a day other than –

(a) a Saturday or Sunday; or

(b) a day that is a statutory holiday as defined in the Statutory Holidays Act 2000 ; or

(c) in the application of these regulations to a particular area of the State, a day that is a statutory holiday as defined in the Statutory Holidays Act 2000 in that area;

electrical connection has the same meaning as in the National Electricity Rules;

electricity account means an account for electricity sold and supplied to a tariff customer;

electricity retailer means an electricity entity having an exclusive right under its licence to sell and supply electricity to tariff customers within a particular supply area;

metering equipment means equipment that measures and records the amount of electricity supplied to a tariff customer's electrical installation;

notice means notice in writing;

tariff customer means –

(a) a non-contestable customer who has entered into a contract with an electricity retailer for the sale and supply of electricity to the customer on conditions fixed by a tariff; or

(b) a contestable customer, until whichever of the following occurs first:

(i) the customer enters into a contract with an electricity retailer for the sale and supply of electricity to the customer on conditions fixed by a tariff;

(ii) the end of the 12-month period commencing on the day on which the customer became a contestable customer.

(2)  For the purposes of these regulations, a tariff customer is taken to have produced acceptable identification in relation to a matter if the tariff customer produces his or her –

(a) birth certificate; or

(b) current driver licence; or

(c) current passport; or

(d) current card issued under the Social Security Act 1991 of the Commonwealth; or

(e) current card issued under the Veterans' Entitlements Act 1986 of the Commonwealth.

4.   Application of regulations

(1)  These regulations apply to the sale and supply of electricity to tariff customers by electricity retailers.

(2)  These regulations do not apply to the sale and supply of electricity to particular customers under individual contracts negotiated under section 40 of the Act.

PART 2 - Tariffs

5.   Tariffs and amendments to tariffs to be approved by Regulator

(1)  An electricity retailer must not sell electricity to a person under a tariff unless the Regulator has approved a draft of the tariff.

Penalty:  Fine not exceeding 100 penalty units.

(2)  An electricity retailer that proposes to amend a tariff as provided by section 38(2) of the Act –

(a) must submit a draft of the proposed amendment to the Regulator; and

(b) must not make the amendment to the tariff until the draft has been approved by the Regulator.

Penalty:  Fine not exceeding 100 penalty units.

(3)  When a draft tariff or draft amendment to a tariff is submitted to the Regulator for approval, the Regulator may –

(a) approve the draft tariff or draft amendment without modification; or

(b) approve the draft tariff or draft amendment with modification; or

(c) refuse to approve the draft tariff or draft amendment.

6.   Matters to be contained in tariff

An electricity retailer must ensure that a tariff contains provisions that explain –

(a) the circumstances in which security for the payment of an electricity account may be required from a tariff customer and the basis of calculation of the security; and

(b) the circumstances in which the security is to be returned to the tariff customer as specified in regulation 12(2) ; and

(c) the circumstances in which a tariff customer may be liable for interest and default charges for late payment of an electricity account and the rate, or basis of calculation, of those charges; and

(d) the circumstances in which a tariff customer is entitled to receive interest and the rate, or basis of calculation, of the interest; and

(e) the circumstances, if any, in which a tariff customer is entitled to receive a discount and the rate, or basis of calculation, of the discount; and

(f) the circumstances in which the electricity supply may be disconnected; and

(g) the circumstances in which disconnected electricity supply may be reconnected including, where relevant, a tariff customer's right to have electricity supply reconnected; and

(h) how the quantity of electricity sold is to be estimated if metering equipment fails to operate or fails to operate correctly; and

(i) the services that a tariff customer is entitled to receive under the tariff; and

(j) the standard of customer service that a tariff customer is entitled to expect under the tariff; and

(k) the procedures established by the electricity retailer for handling any inquiries or complaints that a tariff customer may make; and

(l) the procedures established by the electricity retailer for resolving any disputes with a tariff customer.

Penalty:  Fine not exceeding 60 penalty units.

PART 3 - Security for Payment

7.   Electricity retailer may require security

(1)  An electricity retailer may agree to sell electricity to a person as a tariff customer subject to a condition that the person provides security for the payment of electricity accounts.

(2)  The security may only be required for the supply of electricity to premises that are used wholly or partly for business purposes if the person –

(a) has no history of paying electricity accounts in respect of that business; or

(b) has an unsatisfactory record in relation to the payment of electricity accounts; or

(c) has an unsatisfactory credit rating.

(3)  The security may only be required for the supply of electricity to premises that are used wholly for residential purposes if –

(a) the person is a new customer and has failed to produce acceptable identification in accordance with regulation 3(2) ; or

(b) the person has, within the preceding 2 years, been responsible for the illegal use of electricity; or

(c) the electricity retailer reasonably believes the person is contravening, or has contravened, section 111 of the Act; or

(d) the person has previously left premises without settling an electricity account and –

(i) the account remains outstanding; and

(ii) the person refuses to pay the account; or

(e) the person has refused to enter into a payment plan or other payment option and has either or both of the following:

(i) an unsatisfactory record in relation to the payment of an electricity account;

(ii) an unsatisfactory credit rating.

8.   Form of security

Security for the payment of electricity accounts may be in the form of –

(a) a deposit, refundable advance or guarantee if the premises that are to receive the electricity supply are used wholly for residential purposes; or

(b) a deposit, refundable advance or guarantee if the premises that are to receive the electricity supply are used wholly or partly for business purposes.

9.   Amount of security

The amount of security for the payment of electricity accounts is not to exceed –

(a) if electricity accounts are to be issued quarterly, 1.5 times the value of the average quarterly consumption, as estimated by the electricity retailer, of electricity by a tariff customer of the same class as the person required to provide the security; or

(b) if electricity accounts are to be issued more frequently than quarterly, 2.5 times the value of the average monthly consumption of electricity, as estimated by the electricity retailer, by a tariff customer of the same class as the person required to provide the security.

10.   Receiving and holding security

(1)  An electricity retailer must maintain an interest-bearing account with an authorised deposit-taking institution expressly for the purpose of holding security deposits, refundable advances and guarantees that it receives under this Part.

Penalty:  Fine not exceeding 80 penalty units.

(2)  An electricity retailer that receives security for the payment of electricity accounts in the form of a deposit, refundable advance or guarantee must –

(a) as soon as is practical give the person who provided the security a receipt for the amount of the security; and

(b) pay the amount of the security into the account maintained under subregulation (1) .

Penalty:  Fine not exceeding 80 penalty units.

(3)  The electricity retailer must not withdraw the amount of the security from the account, or any of the accrued interest, except –

(a) to use, or return, the security in accordance with this Part; or

(b) as authorised by the Regulator.

Penalty:  Fine not exceeding 100 penalty units.

11.   Use of security

(1)  An electricity retailer may use a tariff customer's security deposit, refundable advance or guarantee, including accrued interest, to offset an amount owed to the electricity retailer by the customer in any of the following circumstances:

(a) where the electricity supply has been disconnected because of the customer's failure to pay an electricity account for the electricity supply;

(b) where the customer has failed to pay a final electricity account for the electricity supply;

(c) at the request of the customer where the customer has requested the disconnection of the supply or informed the electricity retailer of a change in the use of the premises receiving the electricity supply.

(2)  An electricity retailer that uses a tariff customer's security deposit, refundable advance or guarantee to offset an electricity account must, within 10 business days of so doing, give the customer an itemised account of its use of the security deposit, refundable advance or guarantee and pay any balance remaining, including accrued interest, to the customer.

Penalty:  Fine not exceeding 60 penalty units.

12.   Return of security

(1)  In this regulation –

satisfactory payment, in relation to the payment of an electricity account, means that the account is fully paid –

(a) no later than 5 business days after the due date for payment specified in the account; or

(b) no later than the number of business days, as agreed between the electricity retailer and the customer, after the due date for payment specified in the account; or

(c) in accordance with a payment plan agreed to under regulation 19 .

(2)  An electricity retailer must return a tariff customer's security deposit, refundable advance or guarantee to the customer, together with accrued interest, within 10 business days after any of the following events occurs:

(a) the customer completes 2 years of satisfactory payment of electricity accounts;

(b) the customer is no longer a tariff customer and he or she has paid any amount owed to the electricity retailer;

(c) the electricity retailer ceases the sale and supply of electricity to the customer and the customer has paid any amount owed to the electricity retailer.

PART 4 - Accounts and Payment

13.   Accounts for sale and supply of electricity

(1)  Unless otherwise agreed in writing between an electricity retailer and a tariff customer, an electricity retailer is to give an electricity account to a tariff customer on a quarterly basis –

(a) by post; or

(b) by personal delivery; or

(c) by electronic or other means agreed to by the customer and electricity retailer.

(2)  The electricity account is to state a due date for payment of the account that is at least 10 business days after the account is given to the customer.

(3)  If an electricity account is not paid or an arrangement for payment is not made or entered into by the due date, the electricity retailer is to give the customer a reminder of the account within 5 business days after that due date.

(4)  An electricity retailer must not, except as provided in subregulations (5) and (6) , give a tariff customer an electricity account that contains charges unrelated to the sale and supply by the electricity retailer of electricity to that customer.

Penalty:  Fine not exceeding 60 penalty units.

(5)  An electricity supply connection fee or reconnection fee may be included in an electricity account.

(6)  If a tariff customer pays an electricity account by cheque, direct debit or credit card and the payment is dishonoured or reversed, resulting in the electricity retailer incurring a fee or charge, the electricity retailer may include that fee or charge –

(a) in a subsequent electricity account given to the customer; or

(b) if the customer is not, because of disconnection or any other reason, to be issued with any further electricity accounts, a special account for the fee or charge.

14.   Account adjustments: overcharges

(1)  In this regulation –

interest means interest calculated on a basis approved by the Regulator.

(2)  An electricity retailer that overcharges a tariff customer for the sale of electricity as a result of an error by the electricity retailer or inaccurate metering of consumption by the retailer must –

(a) within 10 business days after becoming aware of the error or inaccuracy inform the customer of the overcharging; and

(b) refund to the customer the amount of the overcharge, plus interest, within 1 month after informing the customer of the overcharging.

Penalty:  Fine not exceeding 60 penalty units.

(3)  A refund is to be made –

(a) in accordance with the customer's instructions; or

(b) if no such instructions have been received, by crediting the amount to the customer's next electricity account.

15.   Account adjustments: undercharges caused by error

(1)  An electricity retailer is entitled to recover a total amount that a tariff customer was undercharged if the undercharging resulted from inaccurate metering of consumption which was caused by fraud or tampering with the metering equipment on the part of the customer or a person acting with the express or implied consent of the customer.

(2)  An electricity retailer is entitled to recover an amount that a tariff customer was undercharged, over a maximum period of 12 months before the date of the discovery of the undercharging, if the undercharging resulted from inaccurate metering of consumption which was caused by circumstances other than the circumstances referred to in subregulation (1) .

(3)  To recover the amount of an undercharge, an electricity retailer must –

(a) include the amount, separately itemised –

(i) in the first electricity account given to the customer after the discovery of the undercharge; or

(ii) in a special account for the undercharge; and

(b) in a case to which subregulation (2) applies, provide in the electricity account or special account an explanation as to how the undercharge arose; and

(c) provide in the electricity account or special account a full explanation as to how the amount of the undercharge has been calculated; and

(d) in a case to which subregulation (2) applies –

(i) if the undercharging occurred for a period of 30 days or less, allow the customer at least 30 days after the date of the account or special account in which to pay the amount; or

(ii) if the undercharging occurred for more than 30 days, allow the customer at least the same period from the date of the account or special account in which to pay the amount as the period during which the undercharging occurred.

(4)  An electricity retailer is not entitled to claim interest on the amount of an undercharge except in a case to which subregulation (1) applies.

(5)  Any interest claimed is to be calculated on a basis approved by the Regulator.

16.   Recovery of undercharges caused by illegal use

(1)  This regulation applies to an electricity retailer that lawfully disconnects the electricity supply to a tariff customer –

(a) who has been undercharged as a result of the tariff customer's illegal use of electricity; or

(b) who the retailer reasonably believes is contravening or has contravened section 111 of the Act.

(2)  Despite the lawful disconnection of an electricity supply, an electricity retailer may –

(a) estimate, in accordance with the tariff under which the electricity supply was provided, the electricity usage that the customer has not paid for; and

(b) recover the amount that would have been payable for that estimated electricity usage under that tariff, together with interest calculated on a basis approved by the Regulator.

17.   Interest and charges on overdue accounts

(1)  An electricity retailer may, on a basis approved by the Regulator –

(a) impose charges on a tariff customer for late payment of an electricity account if the customer has not paid the amount due by the due date for payment fixed in the relevant electricity account; and

(b) charge the tariff customer interest on that amount from the due date until the date of payment.

(2)  Subregulation (1) does not apply if –

(a) the electricity retailer and the tariff customer have entered into a payment plan under regulation 19 in respect of the amount due; and

(b) the amount due relates to electricity supplied to premises that are used wholly for residential purposes.

18.   Payment discounts

An electricity retailer may provide discounts on electricity accounts if the retailer considers it appropriate to do so.

19.   Payment difficulties and payment plans

(1)  An electricity retailer that is informed by a tariff customer that the customer is experiencing difficulty in paying an electricity account must –

(a) offer the customer information about independent financial counselling services; and

(b) except in a case to which subregulation (2) applies, offer the customer an opportunity to pay the amount of the liability in accordance with a payment plan agreed to by the electricity retailer and the customer.

Penalty:  Fine not exceeding 60 penalty units.

(2)  The electricity retailer is not required to comply with subregulation (1)(b) if, within the 12-month period preceding the receipt of the customer's information, the customer twice entered into payment plans but failed to comply with the terms of those plans without demonstrating any mitigating circumstances in relation to those failures.

(3)  In formulating a payment plan, the electricity retailer must have regard to any information that is provided to it by the tariff customer concerning –

(a) the customer's ability to pay; and

(b) the customer's patterns of electricity consumption.

(4)  If a payment plan requires the payment of instalments for a period exceeding 3 months, it must –

(a) provide for the tariff customer's electricity consumption to be monitored; and

(b) contain an option that allows the parties, by agreement, to adjust the instalments payable under the plan to take account of accruing liabilities for electricity consumption.

(5)  A payment plan –

(a) is taken to have been accepted by the tariff customer and come into force when the customer makes the first payment under the terms of the plan; and

(b) is not, once in force, capable of being amended to increase the amount or frequency of payments except with the tariff customer's written consent or in accordance with subregulation (4)(b) .

20.   Recovery of unpaid accounts

An electricity retailer may recover in a court of competent jurisdiction as a debt due to the electricity retailer –

(a) an amount that remains outstanding after a tariff customer has failed to pay one or more electricity accounts; and

(b) an amount estimated in accordance with regulation 16 for any illegal use of supply; and

(c) any fee or charge of the kind referred to in regulation 13(6) that it has incurred in respect of a tariff customer; and

(d) any electricity supply connection or reconnection fee; and

(e) any interest or charges referred to in regulation 17 that it has charged or imposed in respect of a tariff customer.

21.   Suspension of liability under disputed accounts

(1)  If an electricity retailer and a tariff customer dispute the amount of an electricity account but they agree to resolve the dispute by a process of arbitration, mediation or negotiation, the tariff customer has no liability under the account for the disputed amount during that dispute resolution process.

(2)  If a tariff customer makes a complaint under the Energy Ombudsman Act 1998 in respect of the amount of an electricity account before the due date for its payment, the customer has no liability under the account for the disputed amount until –

(a) the complaint is dismissed by the Ombudsman; or

(b) the Ombudsman completes the investigation of the complaint; or

(c) if the complaint is referred to a person under section 10(1)(b) of that Act, that person makes a determination.

PART 5 - Disconnection of Supply

22.   Disconnection of supply for reasons other than non-payment

(1)  In addition to any circumstances provided for in the Act, an electricity retailer may disconnect the electricity supply to a tariff customer's premises if –

(a) the disconnection is necessary in order to maintain or upgrade electrical infrastructure used for the supply; or

(b) an employee or agent of the electricity retailer has been unable to gain access to the metering equipment on the premises on 3 successive occasions at reasonable times; or

(c) the electricity retailer suspects on reasonable grounds that the customer has committed an offence relating to electrical safety or the illegal use of electricity; or

(d) the electricity retailer suspects on reasonable grounds that the customer is contravening, or has contravened, section 111 of the Act; or

(e) the electricity retailer is satisfied on reasonable grounds that the customer has engaged in conduct that has interfered with the sale or supply of electricity to other customers or has jeopardised the safety of the distribution network; or

(f) the disconnection is necessary in order to respond to an emergency or to ensure public safety; or

(g) the customer has requested or given prior agreement to the disconnection.

(2)  Before an electricity retailer disconnects electricity supply to a tariff customer's premises under subregulation (1) , it must –

(a) in a case to which paragraph (a) of that subregulation applies –

(i) at least 4 business days before the date of disconnection, give notice to the customer of its intention to disconnect the supply; or

(ii) at least 5 business days before the date of disconnection, cause a general notice to tariff customers to be published in a daily newspaper circulating in the region of the State in which the customer's premises are located; and

(b) in a case to which paragraph (b) of that subregulation applies, at least 5 business days before the date of disconnection, give notice to the customer of its intention to disconnect the supply.

Penalty:  Fine not exceeding 100 penalty units.

(3)  An electricity retailer is not required to give notice of the disconnection of supply in a case to which subregulation (1)(c) , (d) , (e) or (f) applies.

23.   Requirements to be complied with before disconnecting supply for non-payment

(1)  Before an electricity retailer exercises its power under section 42(1) of the Act to disconnect a tariff customer's electricity supply, it must give the customer notice, in a form approved by the Regulator, of its intention to disconnect the supply.

Penalty:  Fine not exceeding 100 penalty units.

(2)  An electricity retailer that has complied with subregulation (1) must not proceed with the disconnection if, within 5 business days after the date on which the notice is given to the customer, the customer –

(a) pays the account; or

(b) enters into a payment plan under regulation 19 or makes some other arrangement with the electricity retailer to pay the account.

24.   Supply not to be disconnected at restricted time

(1)  In this regulation –

restricted time means –

(a) any time after 2 p.m. on a Monday, Tuesday, Wednesday or Thursday; or

(b) any time on a Friday, Saturday or Sunday; or

(c) any time on a public holiday or a day immediately preceding a public holiday.

(2)  An electricity retailer must not disconnect a tariff customer's electricity supply at a restricted time unless the disconnection is necessary in order to maintain or upgrade electrical infrastructure used for the supply and the electricity retailer has –

(a) given reasonable warning of the disconnection by –

(i) notice given to the tariff customer at least 4 business days before the date of disconnection; or

(ii) a general notice to tariff customers, published in a daily newspaper circulating in the region of the State in which the customer's premises are located, at least 5 business days before the date of disconnection; or

(b) received the tariff customer's consent to the disconnection before the date of the disconnection.

Penalty:  Fine not exceeding 100 penalty units.

25.   Reconnection of supply

(1)  An electricity retailer that disconnects a tariff customer's electricity supply for non-payment of an electricity account must reconnect the electricity supply as soon as practicable if, in addition to the conditions specified in section 42(3) of the Act, the customer enters into a payment plan under regulation 19 or makes some other agreement with the electricity retailer to pay the amount of the liability and any reconnection fee.

Penalty:  Fine not exceeding 100 penalty units.

(2)  If a tariff customer becomes entitled to the reconnection of electricity supply before 4 p.m. on a business day, the reconnection must be made –

(a) if practicable, on the same day; or

(b) if it is not practicable to reconnect the electricity on the same day, on the next business day.

(3)  An electricity retailer that disconnects a tariff customer's electricity supply on the basis of an act or omission by the customer under regulation 22(1)(b) , (c) or (d) must reconnect the supply as soon as practicable after the ground for the disconnection no longer applies.

Penalty:  Fine not exceeding 100 penalty units.

PART 6 - Rights and Obligations of Tariff Customers

26.   Tariff customers entitled to copy of tariff on request

An electricity retailer, within 5 business days of being requested to do so by a tariff customer, must give the customer a free copy of the tariff under which electricity is sold to that customer.

Penalty:  Fine not exceeding 40 penalty units.

27.   Provision and protection of information on tariff customers

(1)  An electricity retailer, within 10 business days of being requested to do so by a tariff customer, must provide the customer with particulars of any personal information that the electricity retailer holds in relation to that customer.

Penalty:  Fine not exceeding 60 penalty units.

(2)  An electricity retailer may charge a tariff customer a fee to recover the reasonable cost of providing particulars in relation to electricity accounts under subregulation (1) but any other particulars are to be provided free of charge.

28.   Provision of special services for tariff customers

(1)  An electricity retailer must provide a teletype telephone service for its tariff customers.

Penalty:  Fine not exceeding 40 penalty units.

(2)  An electricity retailer, at the request of a tariff customer, must provide the customer with access to a telephone interpreter service.

Penalty:  Fine not exceeding 40 penalty units.

(3)  An electricity retailer, at the request of a tariff customer, must provide the customer with a large-print version of the tariff under which electricity is sold and supplied to that customer.

Penalty:  Fine not exceeding 40 penalty units.

(4)  For the purposes of subregulation (3) , "large-print" means print in type that is at least 16 point in size.

29.   Obligations of tariff customers

A tariff customer who receives electricity supply in respect of any premises –

(a) must keep the electricity retailer informed of an address at which the customer may be contacted; and

(b) must immediately inform the electricity retailer of any change of use or other circumstances that may affect the tariff applicable to the premises; and

(c) must ensure that the electricity retailer has safe and unhindered access to the metering equipment on the premises; and

(d) must immediately inform the electricity retailer of any change of circumstances that may affect access to the metering equipment on the premises; and

(e) must inform the electricity retailer, at least 2 business days in advance, of any proposed change in the occupation of the premises; and

(f) must not modify or alter the electricity retailer's metering data; and

(g) must not wilfully damage or tamper with the metering equipment on the premises; and

(h) must immediately inform the electricity retailer of any damage to, or of any circumstances which might lead to damage to, the metering equipment on the premises; and

(i) must immediately inform the electricity retailer after breaking, or discovering any breakage in, the seal protecting the metering equipment on the premises.

PART 7 - Miscellaneous

30.   Persons dependent on life-support machines

(1)  If an electricity retailer that is supplying electricity to premises under a tariff accepts, after being given notice by the tariff customer, that a person at those premises is dependent on a life-support machine, that supply is a prescribed service under section 42(1A) of the Act.

(2)  An electricity retailer may revoke his or her acceptance given under subregulation (1) if –

(a) the tariff customer informs the electricity retailer that the person at the relevant premises is no longer dependent on a life-support machine; or

(b) the electricity retailer reasonably believes that the person at the relevant premises is no longer dependent on a life-support machine –

and the supply of electricity to the premises ceases to be a prescribed service under section 42(1A) of the Act on the day the revocation takes effect.

(3)  In a case to which subregulation (1) applies, the electricity retailer must –

(a) give the tariff customer notice of its acceptance and the date of the acceptance; and

(b) keep a record and particulars of the notice; and

(c) keep a record of the address and, if applicable, telephone number of the premises; and

(d) advise the tariff customer on a plan of action in the event of an unplanned interruption of supply; and

(e) provide the tariff customer with a telephone number at which the electricity retailer can be contacted in an emergency; and

(f) give the tariff customer immediate notice if the telephone number referred to in paragraph (e) is changed; and

(g) give the tariff customer at least 4 business days' notice of any planned interruption to the electricity supply to the premises that has not been agreed to in advance by the customer.

Penalty:  Fine not exceeding 100 penalty units.

(4)  In a case to which subregulation (2)(b) applies, the electricity retailer must –

(a) at least 3 months before the date on which its revocation of acceptance is to take effect, give the tariff customer notice of its revocation, the reasons for the revocation and the date the revocation will take effect; and

(b) advise the tariff customer to contact the electricity retailer before the date the revocation will take effect if a person at the relevant premises is still dependent on a life-support machine; and

(c) keep a record and particulars of the revocation.

Penalty:  Fine not exceeding 100 penalty units.

(5)  For the purpose of determining whether or not to accept a notice under subregulation (1) or revoke such an acceptance under subregulation (2)(b) , an electricity retailer may request the tariff customer to provide either or both of the following within 3 months from the date of the request:

(a) further particulars of the life-support machine or other relevant matters;

(b) reasonable evidence in support of the notice.

(6)  A tariff customer that is given a notice of acceptance by an electricity retailer under subregulation (3) in relation to a person on any premises must inform the electricity retailer within one month if that person ceases –

(a) to occupy those premises; or

(b) to be dependent on a life-support machine.

Penalty:  Fine not exceeding 2.5 penalty units.

(7)  A tariff customer must not give a false notice or false information to an electricity retailer under this regulation.

Penalty:  Fine not exceeding 60 penalty units.

31.   Time for providing electrical connection

(1)  In this regulation –

relevant period means –

(a) where the tariff customer's premises have previously been connected to the distribution network –

(i) one business day if the reconnection does not involve any changes to the distribution network; and

(ii) 10 business days if the reconnection involves changes to the distribution network; and

(b) where the customer's premises have not previously been connected to the distribution network –

(i) 10 business days if no extension of the distribution network is required; and

(ii) 40 business days if an extension of the distribution network is required.

(2)  An electricity retailer is to provide a tariff customer with an electrical connection –

(a) if it has made an agreement with the customer to provide the connection on a particular day, on that day; or

(b) if it has not made an agreement with the customer to provide the connection on a particular day, within the relevant period after the customer pays the relevant fees, charges or other amounts; or

(c) if it has not made an agreement with the customer to provide the connection on a particular day and the customer is not required to pay any relevant fees, charges or other amounts, within the relevant period after the customer has requested the connection.

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

Notified in the Gazette on 16 July 2008

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) set out certain conditions relating to the sale and supply of electricity to tariff customers; and

(b) establish the contractual relationship between a tariff customer, an electricity retailer and a distributor of electricity; and

(c) are made consequentially on the repeal of the Electricity Supply Industry (Tariff Customers) Regulations 1998 under section 11 of the Subordinate Legislation Act 1992 .