Electricity (General) (Payment Condition) Variation Regulations 2021 (SA)

South Australia

Electricity (General) (Payment Condition) Variation Regulations 2021

under the Electricity Act 1996

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Electricity (General) Regulations 2012

4            Insertion of regulation 17A

17A        Prescribed condition—use of prepayment meter system

5            Insertion of regulation 21A

21A         Variation of licences by Commission

Part 1—Preliminary

1—Short title

These regulations may be cited as the Electricity (General) (Payment Condition) Variation Regulations 2021.

2—Commencement

These regulations come into operation on 1 July 2022.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Electricity (General) Regulations 2012

4—Insertion of regulation 17A

After regulation 17 insert:

17A—Prescribed condition—use of prepayment meter system

(1)In accordance with section 21(2) of the Act, the Commission is required to impose on the relevant licence the condition that the holder of the licence only sell electricity to prescribed customers using a prepayment meter system.

(2)This regulation applies in relation to the relevant licence despite the fact that it was issued before the commencement of this regulation.

(3)Despite subregulation (1), the Minister may grant the holder of the relevant licence an exemption from complying with the condition applying under that subregulation in relation to the supply of electricity to a specified prescribed customer, or a prescribed customer of a specified class.

(4)An exemption under subregulation (3)—

(a)may be granted subject to specified conditions; and

(b)may be varied or revoked by the Minister.

(5)In this regulation—

excluded customer means a small customer who is required under a contract for the sale of electricity in a prescribed area in force immediately before the commencement of the Electricity (General) (Payment Condition) Variation Regulations 2021 to pay for electricity supplied under the contract;

prepayment meter system has the same meaning as in the National Energy Retail Law;

prescribed area means—

(a)Trust Land within the meaning of the Aboriginal Lands Trust Act 2013; or

(b)"the lands" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or

(c)"the lands" within the meaning of the Maralinga Tjarutja Land Rights Act 1984;

prescribed customer means a small customer supplied (or seeking the supply of) electricity in a prescribed area, other than an excluded customer;

relevant licence means the licence authorising the retailing of electricity under the Act to prescribed customers.

5—Insertion of regulation 21A

After regulation 21 insert:

21A—Variation of licences by Commission

In accordance with section 98(2)(e) of the Act, the Commission is, in varying the conditions of a licence for the purpose of complying with regulation 17A(1), exempt from the application of section 27(2) of the Act.

Made by the Governor

with the advice and consent of the Executive Council

on 9 December 2021

No 180 of 2021