Division 1 Savings and transitional provisions

105   Definitions

In this Division:

amending Act means the Electricity Supply Amendment Act 2000.

former Regulation means the Electricity Supply (General) Regulation 1996.

interim small retail customer means a person who was an interim small retail customer immediately before the repeal of Part 10 of the former Regulation by this Regulation.

106   Interim small retail customers

(1)  Nothing in this Regulation affects a customer contract entered into, or renewed or extended, by an interim small retail customer on or after 1 January 2001 and before the commencement of this Regulation.

(2)  Any such contract is taken to comply with the Act and this Regulation if it complied with the Act and the former Regulation immediately before the commencement of this Regulation.

(3)  Despite clause 30 (2) of Schedule 6 to the Act, this clause ceases to have effect at the end of the period of supply under the contract in force immediately before the commencement of this Regulation or on 1 July 2002, whichever is the earlier.

107   Requirements for new customer contracts

(1)  A customer contract with a small retail customer that is entered into, or renewed or extended, on or after the commencement of this Regulation and not later than 3 months after that commencement, or within such later period as the Minister may determine, is taken to comply with the Act and this Regulation if it complies with the requirements applicable to a customer contract of the same kind entered into by an interim small retail customer immediately before the commencement of this Regulation.

(2)  This clause ceases to have effect at the end of the term of the contract or on 1 July 2002, whichever is the earlier.

108   Existing customer connection contracts

(1)  Nothing in the amending Act or this Regulation affects a standard form customer connection contract in force immediately before the commencement of this Regulation (not being a contract referred to in clause 106 (1)).

(2)  Any such contract is taken to comply with the Act and this Regulation if it complied with the Act and the former Regulation immediately before that date.

(3)  This clause ceases to have effect at the end of the period for which a standard form customer supply contract is taken to continue in force under clause 29 (2) of Schedule 6 to the Act.

109   Existing billing provisions apply

(1)  A licence holder is not required to comply with the provisions of Division 4 of Part 3 if the licence holder complies with the provisions applicable to bills and charges under the former Regulation, as in force immediately before the commencement of this Regulation.

(2)  This clause ceases to have effect at the end of the period for which a standard form customer supply contract is taken to continue in force under clause 29 (2) of Schedule 6 to the Act.

110   Energy distributors taken to hold licences

(1)  Each energy distributor (within the meaning of the Energy Services Corporations Act 1995) that was in existence at the commencement of the former Regulation, and who was taken to hold, on the commencement of this Regulation:

(a)  a service provider’s licence authorising it to operate its distribution system so as to convey electricity for or on behalf of suppliers, and

(b)  a supplier’s licence authorising it to supply electricity to retail customers,

      continues to be taken to hold those licences.

(2)  Schedule 2 to the Act applies to licences that are taken to be held as referred to in subclause (1) in the same way as it applies to licences granted in accordance with that Schedule.

111   (Repealed)

112   Customer consultative charters

A service provider or standard retail supplier is required to comply with clause 17 not later than 3 months after the commencement of this Regulation or within such later period as the Minister may determine.

113   Accreditation schemes

(1)  An accreditation scheme recognised under the former Regulation immediately before the commencement of this Regulation is taken to have been recognised under this Regulation.

(2)  Nothing in this Regulation affects an appeal made under Part 7 of the former Regulation and not determined before the commencement of this Regulation.

113A   Application of amending Regulation

(1)  Nothing in the Electricity Supply (General) Amendment Regulation 2001 requires a licence holder to amend a customer contract, or to provide information relating to interpreter services, despite any amendment made by that Regulation.

(2)  Any customer contract that is entered into, or renewed or extended, by a licence holder is, if it complied with the requirements applicable to it on the commencement of this clause, taken to comply with the requirements of this Regulation as amended by the Electricity Supply (General) Amendment Regulation 2001.

(3)  This clause ceases to have effect 3 months after the commencement of this clause.

113B   Estimation of consumption

Clause 36, as amended by the Electricity Supply (General) Amendment Regulation 2001, does not apply in respect of any period before the commencement of this clause.

113C   Payment plans for all suppliers

(1)  Suppliers are required to comply with clause 13A on and from the date that is 3 months after the commencement of the Electricity Supply (General) Amendment Regulation 2007 or on and from a later date determined by the Minister and notified to suppliers.

(2)  The amendments made to clause 12 of Schedule 2 by the Electricity Supply (General) Amendment Regulation 2007, so far as they relate to payment plans, do not apply in respect of suppliers until the date that suppliers are required to comply with clause 13A.

(3)  However the provisions of this Regulation relating to payment plans, as in force immediately before the commencement of the Electricity Supply (General) Amendment Regulation 2007, continue to apply to standard retail suppliers until the date that all suppliers are required to comply with clause 13A.

Note. Clause 13A requires all retail suppliers who deal with small retail customers to operate a payment plan. Standard retail suppliers were already required to operate a payment plan under clause 6 of this Regulation immediately before its repeal and replacement by clause 13A and will continue to be required to operate those payment plans until all suppliers are required to comply with new clause 13A. It will also be necessary for those standard retail suppliers to re-submit their payment plans to the Minister for approval in order to comply with new clause 13A.