Electricity Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 61 Electricity Act 1994 ELECTRICITY AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new ch 4, pt 2, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Division 1A—Obligations of host retail entities and customers 248DA Application of div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 248DB Statutory customer sale contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 248DC Terms of statutory customer sale contract . . . . . . . . . . . . . . . . . . . . 3 248DD Other provisions about statutory customer sale contract . . . . . . . . . 4 248DE Contract outside statutory customer sale contract. . . . . . . . . . . . . . . 5 248DF Customer’s liability to suspended retail entity for customer retail services provided after suspension . . . . . . . . . . . . . . . . . . . . . . 5 248DG Giving necessary consents, details etc.. . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of sch 8 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 2 s3 Electricity Amendment Regulation (No. 1) 2002 No. 61, 2002 1 Short title This regulation may be cited as the Electricity Amendment Regulation (No. 1) 2002 . 2 Regulation amended This regulation amends the Electricity Regulation 1994. 3 Insertion of new ch 4, pt 2, div 1A After section 248D— insert — ‘Division 1A—Obligations of host retail entities and customers ‘248DA Application of div 1A ‘This division applies if, under the Market Code, clause 3.15.21(c), 1 NEMMCO suspends a retail entity from trading. ‘248DB Statutory customer sale contract ‘On the suspension, each of the suspended retail entity’s affected customers is taken to have entered into a customer sale contract with the host retail entity for— (a) the sale of electricity to the affected customer’s premises in the host retail entity’s retail area; and (b) if the affected customer has not entered into a customer connection contract with a distribution entity for the premises— (i) the connection of the premises to a supply network to allow the supply of electricity from the supply network to the premises; and (ii) the supply of electricity from the supply network to the premises. 1 Market Code, clause 3.15.21 (Payment default procedure)

s3 3 s3 Electricity Amendment Regulation (No. 1) 2002 No. 61, 2002 ‘248DC Terms of statutory customer sale contract ‘ (1) The terms of the statutory customer sale contract are taken to be each of the following— (a) the price payable by the affected customer to the host retail entity for the customer retail services mentioned in section 248DB(a) is the regional reference price for the region in which the premises are located, as adjusted for any loss factors applying to the region; (b) the charges payable by the affected customer to the host retail entity for the customer retail services mentioned in section 248DB(b) are the charges— (i) decided by the host retail entity; and (ii) not exceeding the charges payable by the host retail entity to the local distribution or transmission entity for providing the services to the affected customer; (c) the charges payable by the affected customer to the host retail entity for customer retail services also include the charges decided by the host retail entity as a reasonable apportionment, on a cost recovery basis, of the fees and charges payable by the host retail entity to a code participant or another entity under the Market Code; Example of ‘fees and charges payable by the host retail entity’ for paragraph (c) — Ancillary services fees, participant fees and fees relating to metering services, metering data and spot market transactions, within the meaning of the Market Code. (d) the host retail entity must bill the affected customer for amounts payable by the customer to the entity for customer retail services— (i) on a quarterly basis; or (ii) on the basis of a shorter period decided by the entity; (e) the affected customer must pay amounts for which the customer has been billed under paragraph (d) no later than the date stated in the bill as the date for payment; (f) the affected customer, if required by written notice given by the host retail entity to the customer, must, within the period stated in

s3 4 s3 Electricity Amendment Regulation (No. 1) 2002 No. 61, 2002 the notice, give an amount (a “security deposit” ) to the entity as security for amounts payable by the customer to the entity; (g) for paragraph (f), the security deposit is the amount, decided by the host retail entity, that is not more than the amount worked out using the following formula— EMA x 2.6 where— “EMA” means the average amount, reasonably estimated by the host retail entity, as payable by the affected customer to the host retail entity under the contract for a month; (h) the affected customer must, as soon as possible after a following change happens, inform the host retail entity of the change— (i) a change to the customer’s contact details; (ii) a change to the purpose for which the customer’s premises are used; (iii) a change adversely affecting access to a meter on the customer’s premises; (iv) a proposed change to an electrical article or electrical line at the customer’s premises, including a proposed change to the operation of an electrical article, that may affect the quality or safety of the supply of electricity to the customer or another person; (v) a permanent change materially affecting the electrical load at the customer’s premises. ‘ (2) In this section— “regional reference price” see the Market Code, chapter 10. 2 ‘248DD Other provisions about statutory customer sale contract ‘ (1) The statutory customer sale contract takes effect as a deed. ‘ (2) The statutory customer sale contract is taken to end if— 2 Market Code, chapter 10 (Glossary)— regional reference price Spot price at the regional reference node .

s3 5 s3 Electricity Amendment Regulation (No. 1) 2002 No. 61, 2002 (a) under section 248DE, the affected customer and the host retail entity, or the affected customer and another retail entity, enter into a customer sale contract for the premises covered by the statutory customer sale contract; or (b) the supply of electricity to the affected customer’s premises is disconnected under the Act. ‘ (3) The ending of the statutory customer sale contract does not affect a right or obligation that accrued to the host retail entity or affected customer under the contract before, or because, it ended. Example — The customer is obliged to pay the host retail entity for services provided under the statutory customer sale contract up to the end of the contract. ‘ (4) The host retail entity and affected customer are each taken to have agreed to comply with the provisions of the contract, in effect for the time being, so far as the provisions apply to the party. ‘248DE Contract outside statutory customer sale contract ‘ (1) Despite section 248DC, the affected customer and the host retail entity, or the affected customer and another retail entity, may contract on terms different from the terms of the host retail entity’s standard customer sale contract for provision of the customer retail services mentioned in the section. ‘ (2) The affected customer need not give notice to the host retail entity before entering into a contract with another retail entity under subsection (1). ‘ (3) A contract entered into under subsection (1) must not be inconsistent with the Act and is unenforceable to the extent that it is. ‘248DF Customer’s liability to suspended retail entity for customer retail services provided after suspension ‘ (1) This section applies to customer retail services provided to the affected customer’s premises after the suspended retail entity is suspended. ‘ (2) The affected customer is not liable for payment to any of the following entities for the services— (a) the suspended retail entity;

s3 6 s3 Electricity Amendment Regulation (No. 1) 2002 No. 61, 2002 (b) an insolvency official for the suspended retail entity. ‘ (3) A customer sale contract entered into, or taken to have been entered into, between the affected customer and the suspended retail entity is unenforceable to the extent it is inconsistent with this section. ‘248DG Giving necessary consents, details etc. ‘ (1) The objects of this section are— (a) to allow NEMMCO to transfer the suspended retail entity’s affected customers from the suspended retail entity to the host retail entity without delay under NEMMCO’s market administration systems ( “systems” ); and (b) to assist the prompt and effective continuation of electricity supply to the affected customers; and (c) the ensure the host retail entity obtains details about each affected customer that is necessary for— (i) performing its obligations to the customer under the statutory customer sale contract; and (ii) obtaining payment from the customer for amounts payable by the customer to the entity under the contract. ‘ (2) On the suspension of the suspended retail entity, each relevant person is taken to have— (a) given any approval, authorisation or consent; and (b) signed any document; and (c) complied with any procedure; required by NEMMCO under its systems to achieve the objects. ‘ (3) On the suspension, the host retail entity, by written notice given to a relevant person mentioned in subsection (8)(b) to (e), may require the relevant person to give to the retail entity the information— (a) mentioned in subsection (4) about all or any of the affected customers; and (b) held by the relevant person or within the relevant person’s knowledge. ‘ (4) A requirement under subsection (3) may be made about all or any of the following information—

s3 7 s3 Electricity Amendment Regulation (No. 1) 2002 No. 61, 2002 (a) the customer’s name and address to which bills for customer retail services are to be sent; (b) the national metering identifier issued under the Market Code 3 for the metering installation relating to the customer’s premises; (c) the name and contact details of the metering provider and operator of an agency metering database, within the meaning of the Market Code, having responsibilities under the Market Code in relation to the customer’s premises; (d) the address of the customer’s premises to which electricity is to be supplied; (e) the purpose for which the customer’s premises are used; (f) the average monthly consumption of electricity, based on the immediately preceding 12 months, at the customer’s premises; (g) the applicable loss factors and charges payable by the host retail entity to the local distribution entity and transmission entity for providing customer retail services mentioned in section 248DB(b) for the affected customer’s premises. ‘ (5) The notice must state the day, that is at least 10 business days after the notice is given, by which the relevant person must give the information. ‘ (6) The relevant person must comply with the notice. Maximum penalty—20 penalty units. ‘ (7) The host retail entity— (a) must use the information only for the purpose for which it was given; and (b) must not disclose the information to any other person, other than for the purpose for which it was given, unless the affected person consents to the disclosure or the host retail entity is otherwise required or permitted by law to make the disclosure. Maximum penalty—20 penalty units. ‘ (8) In this section— “relevant person” means any of the following— (a) the host retail entity; 3 See the Market Code, clause 7.3.1 (Metering installation components).

s4 8 s4 Electricity Amendment Regulation (No. 1) 2002 No. 61, 2002 (b) the suspended retail entity; (c) an affected customer of the suspended retail entity; (d) a transmission entity for an affected customer; (e) a distribution entity for an affected customer; (f) if an insolvency official is appointed for the suspended retail entity—the insolvency official.’. 4 Amendment of sch 8 (Dictionary) Schedule 8— insert — ‘ “affected customer” , for a suspended retail entity, means a person who, immediately before the retail entity became a suspended retail entity, was a customer of the retail entity. “host retail entity” , for a statutory customer sale contract, means the retail entity in whose retail area the premises covered by the contract are located. “insolvency official” means an administrator, liquidator, provisional liquidator, receiver or receiver and manager. “loss factor” see the Market Code, chapter 10. “statutory customer sale contract” , for chapter 4, part 2, division 1A, means a contract taken, under section 248DB, to have been entered into between the host retail entity and an affected customer. “suspended retail entity” means a retail entity suspended, under the Market Code, clause 3.15.21(c), from trading.’. ENDNOTES 1. Made by the Governor in Council on 11 April 2002. 2. Notified in the gazette on 12 April 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of Energy.

© State of Queensland 2002