Victorian Numbered Acts Victorian Numbered ActsAfter section 40A of the Electricity Industry Act 2000 insert —
(1) Without limiting the generality of section 20(2) or (3) or section 21, the conditions to which a licence to sell electricity is subject include a condition requiring the licensee to make a payment of the prescribed amount to a relevant customer in accordance with this section if the licensee—
(a) disconnects the supply of electricity to the premises of that customer; and
(b) fails to comply with the terms and conditions of the contract specifying the circumstances in which the supply of electricity to those premises may be disconnected.
(2) A payment under a condition under sub-section (1) may be made directly to the customer or by way of rebate on the customer's electricity bill.
(3) A payment under a condition under sub-section (1) must be made as soon as practicable after the supply of electricity is reconnected to the premises of the relevant customer.
(4) Nothing in this section affects any other right any person or body may have to take action against a licensee in relation to a disconnection of a supply of electricity.
(5) In this section—
"prescribed amount" means—
(a) the amount prescribed by the regulations for the purposes of this section; or
(b) if no amount is prescribed by the regulations, $250 for each whole day that the supply of electricity is disconnected and a pro rata amount for any part of a day that the supply of electricity is disconnected;
"relevant customer" has the same meaning as in section 36.
(1) A term or condition in a contract for the supply or sale of electricity by a licensee to a small retail customer (whether entered into before or after the commencement of this section) is void to the extent that it permits the licensee to charge the customer a fee or charge for late payment of an electricity bill.
(2) Nothing in this section prevents a licensee from offering an incentive or rebate to a small retail customer for paying an electricity bill on or before the due date for payment.
(3) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.
(1) The Governor in Council may by Order published in the Government Gazette prohibit or regulate the imposition by a licensee under a contract for the supply or sale of electricity to a small retail customer of an exit fee on the termination of that contract.
(2) An Order under sub-section (1) may specify terms and conditions applying to the imposition of exit fees.
(3) An Order under sub-section (1) may also provide that a contract between a small retail customer and a licensee for the supply or sale of electricity is to include a condition providing that the small retail customer may terminate the contract—
(a) without notice, if the contract is a deemed contract under section 37 or 39; or
(b) in any other case, by giving the required period of notice to the licensee.
(4) If an Order under sub-section (1) requires the inclusion of a condition referred to in sub-section (3) in a contract for the supply or sale of electricity, that condition is deemed to form part of that contract.
(5) Nothing in this section or an Order under this section prevents a licensee from offering an incentive or rebate to a small retail customer to remain a customer of the licensee.
(6) An Order under sub-section (1) has effect from the date specified in the Order.
(7) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to an Order under sub-section (1) as if the Order were a determination made by the Commission under that Act.
(8) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.
(9) In this section—
"exit fee" means a fee or charge payable on the termination of a contract but does not include any fee or charge for electricity supplied under the contract;
"required period of notice" means the longer of—
(a) the period of notice agreed between the licensee and the small retail customer; and
(b) the period of notice specified in an Order under sub-section (1).
(1) The Governor in Council may by Order published in the Government Gazette prohibit or regulate the implementation by a licensee of a pre-payment meter scheme in respect of the licensee's small retail customers.
(2) An Order under sub-section (1) regulating the implementation of a pre-payment meter scheme may specify terms and conditions applying to that scheme.
(3) An Order under sub-section (1) has effect from the date specified in the Order.
(4) Sections 53 and 54 of the Essential Services Commission Act 2001 apply to an Order under sub-section (1) as if the Order were a determination made by the Commission under that Act.
(5) This section applies despite anything to the contrary in any terms and conditions that form part or are deemed by this Act to form part of the contract between a licensee and a small retail customer.
(6) The Minister must cause a copy of each Variation Order to be laid before each House of Parliament within 6 sitting days of that House following the making of the Order.
(7) A Variation Order is subject to disallowance by a House of Parliament, and sections 23, 24 and 25 of the Subordinate Legislation Act 1994 apply as if the Variation Order were a statutory rule within the meaning of that Act.
(8) In this section—
"pre-payment meter" means a meter that allows electricity to be sold or supplied under an arrangement that allows the customers to make full payment for the electricity before it is consumed;
"Variation Order" means an Order made in substitution for or amending or revoking an Order made under sub-section (1).'.
__________________
See:
Act
No.
31/2001.
Reprint
No. 1
as
at
2 July
2002
and
amending
Act
Nos
30/2003,
40/2003, 106/2003,
10/2004,
12/2004 and
25/2004.
LawToday:
www.dms.
dpc.vic.
gov.au