43P   Operation of Division

(1)  The regulations may make provision for or with respect to phasing in the increase effected by section 43N (1) in relation to any class or classes of persons in cases where it is not practicable to ascertain the exact amount of electricity supplied for any period commencing with the commencement of this section.

(2)  This Division does not apply to electricity network services:

(a)  provided to a person under a contract:

(i)  that was entered into between a transmission operator and a direct customer before the commencement of this section, and

(ii)  that contains a provision in force before that commencement that expressly precludes payment of additional charges for electricity network services provided under it, or

(b)  provided to a person under a connection agreement that is entered into between a transmission operator and a person pursuant to an arrangement, being an arrangement:

(i)  that was entered into between the transmission operator and the person before the commencement of this section, and

(ii)  that contains a provision that expressly precludes payment of additional charges for electricity services provided under the connection agreement.

(3)  This Division does not apply in relation to electricity network services provided during any period specified or described in an order made by the Governor on the recommendation of the Treasurer and published in the Gazette.

(4)  This Division does not apply in relation to electricity network services provided to persons of a class specified or described in an order made by the Governor on the recommendation of the Treasurer and published in the Gazette.

(4A)  This Division does not apply to distribution services within the meaning of the National Electricity Code that are regulated under Chapters 6 and 9 of that Code.

(5)  Nothing in this Division gives rise to any rights that are justiciable by a person to whom electricity network services are provided by a transmission operator or to any grounds that constitute a defence to proceedings for the recovery of any amount from such a person.