Electricity Industry (Customer Contracts) Amendment Regulations 2022 (WA)
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ENERGY
EN301
Contracts) Amendment Regulations 2022. Electricity Industry Act 2004
Electricity Industry (Customer Contracts)
Amendment Regulations 2022
SL 2022/103
Made by the Governor in Executive Council.
1. Citation
These regulations are the Electricity Industry (Customer
17 June 2022 GOVERNMENT GAZETTE, WA 3323 2. Commencement
These regulations come into operation as follows
(a) regulations 1 and 2 on the day on which these regulations are published in the Gazette; (b)
the rest of the regulations on 1 January 2023. 3. Regulations amended
These regulations amend the Electricity Industry (Customer
Contracts) Regulations 2005.4. Regulation 3 amended
(1) In regulation 3 delete the definition of relevant corporation.
business day means a day that is not a Saturday,
Sunday or public holiday;
residential customer means a customer to whom
electricity is supplied for residential purposes;(2) In regulation 3 insert in alphabetical order: 5. Regulation 12 replaced
Delete regulation 12 and insert:12. Benefit changes
(1) In this regulation
benefit change means a change to, or the expiry of, a
benefit (such as a price discount) provided under a
customer contract to the customer during a period that
ends earlier than the date on which the contract will
end.
(2) If a customer contract provides for a benefit change,
the contract must
(a) state that the retailer is required to inform the customer, not more than 40 business days and not less than 20 business days before the date of the benefit change, of—
(i) the benefit change; and
(ii) the options for supply available to the customer after the date of the benefit change;
and
(b) describe the way in which the retailer must give
that information to the customer.
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6. Regulation 13 amended
Delete regulation 13(2) and insert:
(2) A customer contract must describe the way in which
the retailer
(a) publishes its prices; and (b) gives notice of variations to its prices.
7. Regulation 15 amended
Delete regulation 15(5).
8. Regulation 16 amended
(1) In regulation 16(1) delete "customer contract" and insert: standard form contract (2) After regulation 16(1) insert: (IA) A non-standard contract must inform the customer that the provisions of the contract may be amended without the customer's consent to the extent that the
amendment is required for the contract to remain
consistent with a written law.
9. Regulation 19 amended
(1) In regulation 19 delete "A" and insert:
(1)A (2) At the end of regulation 19 insert:
(2) A customer contract complies with subregulation (1) if
the contract specifies
(a)
that the retailer has a privacy policy that sets out the steps that are to be taken by the retailer to ensure that information held by the retailer about the customer is dealt with in a confidential manner; and
(b)
the way in which the customer may obtain a copy of the retailer's privacy policy without charge.
17 June 2022 GOVERNMENT GAZETTE, WA 3325 10. Part 3 Division 1 heading inserted
At the beginning of Part 3 insert:
Division 1 - Requirements for all standard form contracts
11. Regulation 22 replaced
Delete regulation 22 and insert:22. Acceptable identification
(1) In this regulation
acceptable identification, in relation to
(a) a customer who is an individual means any
of the following(i) a driver's licence, a current passport or another form of photographic evidence;
(ii) a pensioner concession card or other entitlement card issued by or on behalf of the Commonwealth or a State or Territory;
(iii) a birth certificate;
or
(b) a customer that is a sole trader or a partnership
comprising individuals means any of the
forms of identification in paragraph (a) for at
least 1 of the individuals who conduct the
business or enterprise concerned; or(c) a customer that is a body corporate or a partnership comprising bodies corporate means the Australian Company Number or Australian Business Number of each body corporate that conducts the business or enterprise concerned; or (d) a customer that is a partnership comprising 1 or
more individuals and 1 or more bodies
corporate means(i) any of the forms of identification in paragraph (a) for at least 1 of the individuals who conduct the business or enterprise concerned; and
(ii) the Australian Company Number or Australian Business Number of each body corporate that conducts the
business or enterprise concerned.
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(2) A retailer may require the customer to provide
acceptable identification as a precondition to entering
into a standard form contract with the customer.12. Regulation 30 deleted
Delete regulation 30.
13. Part 3 Division 2 inserted
At the end of Part 3 insert:
Division 2 - Security deposit requirements for certain
standard form contracts
31A. Term used: customer
In this Division
customer does not include a residential customer.
31B. Security deposits not payable by residential
customersA standard form contract entered into by a residential customer must not state that the residential customer is required to pay a security deposit to the retailer.
31C. Security deposits may be required from certain
customers(1) In this regulation
electricity ombudsman has the meaning given in
section 92(1);
electricity ombudsman scheme means the scheme
approved by the Authority under section 92. (2) A standard form contract must state whether or not the
customer is required to pay a security deposit to the
retailer.(3)
Subject to subregulations (4) and (6), a standard form contract may state that a customer is required to pay a security deposit to the retailer
(a)
at the time the customer asks the retailer to supply electricity to the customer under a standard form contract; and
(b)
at any time during the term of the standard form contract.
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(4) A standard form contract that states that a customer is
required to pay a security deposit must state that the
customer is required to do so only if
(a) the customer owes an amount to the retailer in
relation to supply at any premises, unless the
customer has disputed the bill relating to that
amount and the bill is subject to(i) a review by the retailer; or
(ii) a complaint to the electricity ombudsman;
or
(b) within 2 years before entering into the contract,
the customer has(i) fraudulently obtained supply; or
(ii) consumed electricity intentionally and
unlawfully;or
(c) the retailer reasonably decides that the
customer has an unsatisfactory credit history or
an unsatisfactory history relating to paying for
electricity supplied to the customer.
(5) Subregulation (6) applies to a standard form contract
that states that a customer is required to pay a security
deposit because of the retailer's decision referred to in
subregulation (4)(c).(6) The standard form contract must state that the retailer
is required to inform the customer of
(a)
the retailer's decision that the customer has an unsatisfactory credit history or an unsatisfactory history relating to paying for
electricity supplied to the customer, and the reasons for that decision; and (b)
the retailer's complaints handling procedures and the electricity ombudsman scheme.
31D. Amount of security deposit A standard form contract that states that a customer is required to pay a security deposit must state that the retailer is required to ensure that the amount of the security deposit is not greater than 37.5% of the customer's estimated bills over a 12 month period, based on
(a) billing data relating to the customer; or (b) the average consumption of electricity by a 12 month period.
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31E. Treatment of security deposit (1) In this regulation
bank bill swap rate means
(a)
the Australian Stock Exchange Bank Bill Swap Rate (BBSW) having a term equal to or nearest to 90 days, as published on the first day of the
relevant 90 day period referred to in
subregulation (3); or(b)
if the rate referred to in paragraph (a) is not published on that day the rate published on the most recent day before that day.
(2) A standard form contract that states that a customer is
required to pay a security deposit must state that the
retailer is required
(a)
to keep security deposits paid to the retailer in a separate trust account; and
(b)
to identify those security deposits separately in the retailer's accounting records.
(3) A standard form contract that states that a customer is
required to pay a security deposit must state that the
retailer is required to pay interest to the customer on
the security deposit, at the bank bill swap rate, that
accrues daily and is capitalised every 90 days unless
paid.31F. Use of security deposit (1) In this regulation
security deposit includes any interest accrued on the
security deposit, as described in regulation 3 1E(3).(2) A standard form contract that states that a customer is
required to pay a security deposit must state that the retailer may apply the security deposit in full or partial
satisfaction of amounts owed by the customer to the
retailer only if
(a)
the retailer disconnects supply for non-payment of a bill and the customer no longer has any right to reconnection under the standard form contract; or
(b)
any amount owed by the customer relates to a final bill issued to the customer.
(3) A standard form contract that states that a customer is
required to pay a security deposit must state that the
retailer, within 10 business days after applying the
security deposit as described in subregulation (2), is
required
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(a)
to provide the customer with a written statement of how the security deposit was applied; and
(b)
to repay to the customer any amount of the security deposit that was not applied.
31G. Obligation to repay security deposit (1) A standard form contract that states that a customer is
required to pay a security deposit must state that the
retailer is required to repay to the customer, in
accordance with the customer's reasonable instructions
and subject to the contract's provisions described in
regulation 3 iF, the amount of the security deposit,
including any interest accrued as described in
regulation 3 1E(3), within the period described in
subregulation (2).(2)
The standard form contract must state that the security deposit is required to be repaid within 10 business days after
(a)
the customer completes 2 years of payments for supply by the date specified in the relevant bills; or
(b) the customer leaves the supply premises; or (c)
the retailer disconnects supply at the supply premises at the request of the customer; or
(d) the customer transfers to another retailer.
(3) The standard form contract must state that, if the
customer does not give reasonable instructions for the
repayment of the security deposit and any accrued
interest, the retailer is required to credit the amount to
be repaid
(a) if subregulation (2)(a) applies to the repayment to the customer's next bill; or (b) if subregulation (2)(b), (c) or (d) applies to the
repayment to the customer's final bill.
31H. Failure to pay security deposit A standard form contract that states that a customer is required to pay a security deposit must state that, if the customer fails to pay the security deposit, in whole or
in part, the retailer may, subject to the conditions of its
trading licence and the requirements of the contract
referred to in regulation 11
(a)
disconnect supply or cause disconnection to occur; or
(b) refuse to reconnect supply.
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311. Permission for retailer to carry out credit checks
(1)
This regulation applies if a standard form contract states that a customer is required to pay a security deposit during the term of the standard form contract.
(2) The standard form contract must state that the customer
is required to provide the retailer, if and when
requested by the retailer to do so, with
(a) permission to investigate the customer's credit history; and (b) any information held by the customer about the customer's credit history.
14. Part 4 Division 1 heading inserted
At the beginning of Part 4 insert:
Division 1 Requirements for all non-standard
contracts
15. Regulation 32A inserted
In Part 4 before regulation 32 insert:
32A. Term used: fixed term contract In this Division
fixed term contract means a non-standard contract that
is expressed to have effect for a definite period.16. Regulation 32 amended
In regulation 32(2) delete "10 days" and insert: 10 business days
17. Regulation 33 amended
Delete regulation 33(1).
17 June 2022 GOVERNMENT GAZETTE, WA 3331 18. Regulation 34A inserted
In Part 4 after regulation 34 insert:
34A. Information relating to expiry of fixed term
contract(1) A fixed term contract must state that the retailer is
required to notify the customer
(a)
of the day on which the contract is due to expire; and
(b)
of the options for supply available to the customer after expiry; and
(c)
of the terms and conditions that will apply after expiry unless the customer exercises 1 of the options referred to in paragraph (b); and
(d)
of the way in which the retailer must give the notification referred to in this subregulation to the customer.
(2) Subject to subregulation (3), the fixed term contract
must state that the notification referred to in
subregulation (1) is required to be given not more than
40 business days and not less than 20 business days
before the day on which the contract is due to expire.(3) If the term of the fixed term contract is less than
1 month, the contract must state that the notification
referred to in subregulation (1) is required to be given
at the commencement of the term.(4) The fixed term contract (the current contract) must
state that the retailer is not required to give the
notification referred to in subregulation (1) if the
customer (a)
has already entered into a new fixed term contract with the retailer for the supply premises to which the current contract applies; or
(b)
has informed the retailer as to which of the options for supply referred to in subregulation (1)(b) the customer requires on the expiry of the current contract.
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19. Part 4 Division 2 inserted
At the end of Part 4 insert:
Division 2 - Security deposit requirements for certain
non-standard contracts
34B. Security deposits not payable by residential
customersA non-standard contract entered into by a residential customer must not state that the residential customer is required to pay a security deposit to the retailer.
34C. Security deposits may be required from certain
customers(1) In this regulation
customer does not include a residential customer.(2) A non-standard contract must state whether or not the
customer is required to pay a security deposit to the
retailer.(3) A non-standard contract that states that a customer is
required to pay a security deposit must state
(a)
the method used to calculate the amount of any security deposit; and
(b)
the maximum amount that the retailer may require the customer to pay as a security deposit; and
(c)
the circumstances in which the retailer may apply the security deposit in satisfaction of amounts owed by the customer to the retailer;
and
(d)
the circumstances in which the retailer must repay the security deposit to the customer.
(4) For the purposes of this regulation, regulations 31 C( 1),
(3), (4), (5) and (6), 31E, 3 1 H and 311 apply as if any
reference in those provisions to a standard form
contract included a reference to a non-standard
contract.20. Regulation 40 amended
(1) Delete regulation 40(1) and insert:
(1) In this regulation
default supplier has the meaning given in
regulation 35;
17 June 2022 GOVERNMENT GAZETTE, WA 3333 relevant corporation means the Electricity Generation
and Retail Corporation or the Regional Power
Corporation.
(1A) Subject to this regulation, a retailer is required to offer
to supply electricity under a standard form contract to a
customer who requests supply.(1B)
If the customer requests supply in relation to an existing electricity connection, the obligation in subregulation (1A) arises only in respect of the default
supplier. (1C)
If the customer requests supply otherwise than in relation to an existing electricity connection, the obligation in subregulation (1A) arises only in respect
of a relevant corporation.
(2) In regulation 40(2) delete "subregulation (1)" and insert:
subregulation (1A)
(3) In regulation 40(3):
(a) delete "subregulation (1)" and insert: subregulation (1A)
(b) in paragraph (a) delete "relevant corporation; and" and insert: retailer; and
(c) in paragraph (b)(i) delete "relevant corporation" and
insert: retailer
(4) Delete regulation 40(4) and insert:
(4) It is a condition of every retail licence and integrated
regional licence held by a retailer that the retailer must
comply with the obligation in subregulation (1A) if thatobligation arises in respect of the retailer.
V. MOLAN, Clerk of the Executive Council.
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