42B   Operation of Division

(1)  It is a condition of a retail supplier’s licence that the licensee comply with the requirements specified by this Division or in regulations made for the purposes of this Division.

(2)  This Division applies to retail customers of retail suppliers.

(3)  However, this Division does not apply with respect to:

(a)  any customer supply contract entered into before 6 April 2005 that contains a provision in force before that date that expressly precludes payment of additional charges for the supply of electricity under it, or

(b)  any other person, matter or thing (or class of person, matter or thing) prescribed by the regulations.

(4)  A provision of any customer supply contract entered into on or after 6 April 2005 that:

(a)  expressly precludes the payment of costs of the kind referred to in section 42C (1), or

(b)  otherwise precludes the payment of additional charges for the supply of electricity under it,

      is of no force or effect to the extent that it would, but for this subsection, preclude a retail supplier from recovering under this Part costs of the kind referred to in section 42C (1) from the customer.

(5)  Any Fund contributions recovered under this Part by a retail supplier from customers are to be disregarded for the purposes of applying clause 7 of Determination No 1, 2004 made by the Independent Pricing and Regulatory Tribunal in June 2004 and set out in its report entitled NSW Electricity Regulated Retail Tariffs 2004/05 to 2006/07: Final Report and Determination, (ISBN 1 877049 49 2).

(6)  Nothing in this Division gives rise to any rights that are justiciable by a customer of a licensee or to any grounds that constitute a defence to proceedings for the recovery of any amount from a customer of a retail supplier.