Energy Coordination (Customer Contracts) Amendment Regulations 2005 (WA)

13 May 2005	GOVERNMENT GAZETTE, WA	2073
-PART 1 -

ENERGY

EN301*

Energy Coordination Act 1994

into operation.

Energy Coordination (Customer Contracts)

Amendment Regulations 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Energy Coordination (Customer
Contracts) Amendment Regulations 2005.

2.             Commencement

These regulations come into operation on the day on which Part 3 Division 8 of the Energy Legislation Amendment Act 2003 comes

2074 GOVERNMENT GAZETTE, WA 13 May 2005

3.            The regulations amended

The amendments in these regulations are to the Energy
Coordination (Customer Contracts) Regulations 2004*.

[* Published in Gazette 28 May 2004, P. 1791-823.

For amendments to 28 April 2005 see Gazette
2 November 2004.]

4.            Regulation 16 amended

Regulation 16(3) is amended by inserting after
"subregulation" -

" (2) ".

5.            Regulation 25A inserted

After regulation 25 the following regulation is inserted in
Part 2-

25A. Effect of last resort supply arrangements

(1) In this regulation -

"relevant last resort supply plan" means the last

resort supply plan approved or determined under section 1IZAG of the Act for the supply area in which the customer is located.

(2) A customer contract must explain in general terms the arrangements under which gas will be supplied to the customer if the relevant last resort supply plan comes into operation under section 1IZAD of the Act.

(3) A customer contract must provide that, if the relevant

last resort supply plan comes into operation under
section 11 ZAD of the Act, the contract ceases to have

effect immediately before the day on which the

customer -
(a)	is transferred to the supplier of last resort under the plan; or
(b)	if the plan so allows, transfers to another retail supplier.

(4) A provision for the purposes of subregulation (3) is to

be expressed to apply despite any other provision of the

contract.

(5) This regulation does not apply to -

(a)	a standard form contract; or
(b)	immediately before the day on which the Energy Coordination (Customer Contracts)

a non-standard contract that is in force operation,

13 May 2005 GOVERNMENT GAZETTE, WA 2075

until the day fixed under section 60(4)(b) of the Energy

Legislation Amendment Act 2003. ,,

6.            Regulation 38A inserted

After regulation 38 the following regulation is inserted in
Part 3-

38A. Provisions relating to last resort supply

(1) In this regulation -

"last resort supply fee" has the meaning given to that

term in regulation 3 of the Energy Coordination

(Last Resort Supply) Regulations 2005;

"last resort supply plan" means a last resort supply

plan approved or determined under section 1 1ZAG

of the Act;

"transferred customer" means a customer who is

transferred to the retail supplier as the supplier of

last resort under a last resort supply plan.

(2) This regulation applies to the standard form contract of

a retail supplier if the retail supplier is the supplier of
last resort for a supply area under Part 2A Division 6A

of the Act.

(3) Without limiting regulation 14(1), if the last resort

supply plan for the supply area makes provision for a
last resort supply fee, the standard form contract of the

retail supplier must -

(a)	require a transferred customer to pay the last resort supply fee to the retail supplier;
(b)	specify when the last resort supply fee is
payable; and
(c)	prohibit a transferred customer from terminating the contract if the last resort supply fee has not been paid.

(4) The standard form contract of the retail supplier must

require the retail supplier to supply gas to a transferred
customer for a period of not less than 3 months after
the day on which the transfer occurs unless the

transferred customer terminates the contract.

(5) The standard form contract of the retail supplier must
not authorise the retail supplier to terminate the
contract because of anything done or omitted to be
done by a transferred customer before transfer to the
retail supplier.

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(6) A provision for the purposes of subregulation (3)(c) or

(4) is to be expressed to apply despite any other

provision of the contract.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.