Part 5B Marketing of electricity
In this Part:electricity marketer means any of the following persons:
(a) a person who is a retail supplier,(b) a person who acts as agent of a retail supplier for the purposes of obtaining new customers, or retaining existing customers, for the retail supplier,(c) a person who acts as agent of one or more customers in respect of the retail supply of electricity,(d) a person who acts as an intermediary in any other capacity between one or more customers and a retail supplier in respect of the retail supply of electricity,(e) a person who engages in or carries on any other activity relating to electricity or the electricity industry prescribed by the regulations for the purposes of this definition.Marketing Code of Conduct means the code of conduct approved by the Minister under section 63G.
(1) The Minister may approve a code of conduct as the Marketing Code of Conduct for the purposes of this Part.(2) An approval may be revoked.(3) If a Marketing Code of Conduct is approved by the Minister:(a) the Code must be published in the Gazette, and(b) the Code takes effect on the day on which it is so published or, if a later day is specified in the Code for commencement, on the later day so specified.(4) Subject to this section, the same code of conduct may be approved for the purposes of both this Act and any other Act or law.Editorial note. For approvals or revocations under this section see Gazettes No 92 of 31.5.2002, p 3449 and No 5 of 18.1.2011, p 115.
63H Obligations under Marketing Code of Conduct
An electricity marketer that contravenes a requirement of the Marketing Code of Conduct in relation to a small retail customer is guilty of an offence.Maximum penalty: 200 penalty units (in the case of a corporation) and 50 penalty units (in any other case).
63I Licence conditions relating to marketing activities relating to small retail customers
It is a condition of a retail supplier’s licence that:(a) the retail supplier must comply with the Marketing Code of Conduct, and(b) before entering into a negotiated customer supply contract with a small retail customer introduced to the retail supplier by an electricity marketer, or that is arranged or facilitated by an electricity marketer, the retail supplier must be satisfied that the electricity marketer has complied with the Marketing Code of Conduct (including any requirements relating to the customer’s consent).
63J Non-licensed electricity marketers to provide statements
(1) An electricity marketer (other than the holder of a retail supplier’s licence) must, if the marketer introduces a small retail customer to a retail supplier, or arranges or facilitates a customer supply contract between any such customer and a retail supplier, give to the retail supplier a written statement to the effect that the electricity marketer has complied with the Marketing Code of Conduct with respect to the customer (including any requirements relating to the customer’s consent).(2) An electricity marketer must not give to a retail supplier a statement under this section knowing that it is false or misleading in a material particular.Maximum penalty: 100 penalty units.