An Act to amend the Gas Supply Act 1996 so as to implement retail competition in the market for natural gas; to make consequential amendments to the Electricity Supply Act 1995; and for other purposes.
1 Name of Act
This Act is the Gas Supply Amendment (Retail Competition) Act 2001.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation.(2) Different days may be appointed for the commencement of a single provision of Schedule 1 for the purpose of commencing the amendments effected by the provision on different days.
3 Amendment of Gas Supply Act 1996 No 38
The Gas Supply Act 1996 is amended as set out in Schedule 1.
4 Amendment of Electricity Supply Act 1995 No 94
The Electricity Supply Act 1995 is amended as set out in Schedule 2.
Schedule 1 Amendment of Gas Supply Act 1996
(Section 3)
[1] Section 3 Objects
Insert “to protect the interests of customers and” after “so as” in section 3 (1) (b).
[2] Section 3 (4) (b)
Omit “tariff customers”. Insert instead “small retail customers”.
[3] Section 3 (4) (c)
Omit “the tariff market”. Insert instead “small retail customers”.
[4] Section 3 (4) (d)
Omit the paragraph. Insert instead:(d) to promote a competitive gas market.
[5] Part 2, heading
Omit the heading. Insert instead:Part 2 Natural gas authorisations and pricing orders
[6] Section 11 Conditions of authorisations
Omit “tariff customers” from section 11 (2) (b) (ii).Insert instead “small retail customers”.
[7] Section 15 Annual authorisation fees
Insert “(or the cost of doing so during any previous year to the extent to which that cost has not previously been taken into consideration in any estimate under this section)” after “during that year” in section 15 (2).
[8] Section 15 (4) and (5)
Insert after section 15 (3):(4) For the purposes of this section, the cost to the State of administering this Act and the Gas Pipelines Access (New South Wales) Law during any year in relation to the holder of an authorisation includes such proportion of the State’s retail competition implementation costs as the Minister determines, in accordance with the regulations, should be borne by the holder of that authorisation.(5) In subsection (4), the State’s retail competition implementation costs means the costs or expenses incurred by the State during that year:(a) for the purpose of implementing retail competition in the market for natural gas, and(b) for any other purpose (being a purpose that is ancillary to the purpose of implementing retail competition in the market for natural gas) prescribed by the regulations.
[9] Sections 27 and 27A
Omit section 27. Insert instead:27 Tribunal may make gas pricing orders(1) The Tribunal may, by order published in the Gazette, establish a pricing mechanism according to which the following tariffs, fees, charges and other payments are to be fixed in relation to the supply of natural gas to small retail customers under standard form customer supply contracts (a gas pricing order):(a) tariffs for natural gas,(b) security deposits and other payments in the nature of security deposits,(c) fees and charges in relation to late or dishonoured payments,(d) fees and charges in relation to the establishment or maintenance of accounts,(e) fees and charges in relation to the disconnection of premises from, or the reconnection of premises to, a distribution system,(f) such other fees, charges and payments as are prescribed by the regulations.(2) The Minister may give the Tribunal a written referral requiring the Tribunal to make a gas pricing order within a time specified in the referral and, in that event, the Tribunal must take all reasonable steps to comply with the requirements of the referral.(3) Before making a gas pricing order, the Tribunal must notify the Minister of its intention to do so (except in the case of an order given pursuant to a referral under subsection (2)).27A Gas pricing orders generally(1) A gas pricing order:(a) may fix tariffs, fees, charges and other payments, or the methodology by which tariffs, fees, charges and other payments are to be calculated, either generally or in relation to any specified class of small retail customers, and(b) may prohibit the imposition of any specified fees, charges or other payments, or any class of fees, charges or other payments for any specified service or class of services, provided to small retail customers either generally or in relation to any specified class of small retail customers.(2) A gas pricing order takes effect on the date on which it is published in the Gazette or on such later date as may be specified in the order in that regard, and continues to have effect until it is superseded by a further gas pricing order.(3) At any time after the expiry of 12 months from the date on which the current gas pricing order is published in the Gazette, an authorised supplier may apply to the Tribunal for a new gas pricing order on the basis that changes in circumstances (such as general inflationary trends) mean that the current gas pricing order is out of date.(4) It is a condition of a standard supplier’s authorisation that the supplier, in imposing tariffs, fees, charges and other payments on a small retail customer in relation to the supply of natural gas under a standard form customer supply contract, must do so in accordance with any relevant gas pricing order.(5) Section 42 of the Interpretation Act 1987 applies to and in respect of a gas pricing order in the same way as it applies to and in respect of a statutory rule within the meaning of that Act.
[10] Section 28 Review of gas pricing orders
Omit “section 27 (4)” from section 28 (2).Insert instead “section 27A (3)”.
[11] Section 28 (5)
Omit the section. Insert instead:(5) An application under this section does not affect the gas pricing order to which it relates, and that order continues to have effect unless and until it is revoked or amended by a review panel.
[12] Part 2A
Insert after Part 2:Part 2A Operation of natural gas retail marketDivision 1 Standard suppliers(1) One or more of the following endorsements may be attached to a supplier’s authorisation:(a) a standard supplier’s endorsement,(b) such other categories of endorsements as the Minister determines.(2) A standard supplier’s endorsement consists of:(a) a condition that designates the endorsement as a standard supplier’s endorsement in respect of a specified supply district, and(b) the condition referred to in section 33C (5), and(c) any other condition imposed by the Minister or the regulations.(3) Other categories of endorsements have such designations and are subject to such conditions as the Minister thinks fit or as are imposed by the regulations.(4) A supplier’s authorisation may have no endorsements, or one or more endorsements, attached to it.(1) Subject to the regulations, the provisions of this Act that apply to the transfer of authorisations extend to the transfer of endorsements referred to in section 33A.(2) The regulations may make provision for or with respect to the transfer of endorsements between holders of suppliers’ authorisations.(3) When approving the transfer of an endorsement, or of an authorisation together with an endorsement:(a) the Minister may impose such additional conditions on the authorisation as the Minister considers appropriate, including conditions imposed for the purpose of ensuring that the transferee will comply with the conditions comprised in the endorsement, and(b) the Minister may impose a condition transferring specified small retail customers or classes of small retail customers, and(c) the Minister may amend a condition describing the supply district of a standard supplier by varying the supply district, whether by way of reducing or increasing its size, or may revoke such a condition.(4) Without limitation, the supply district of a standard supplier may be varied by the addition of the whole or a part of the supply district of another standard supplier or former standard supplier.(5) The regulations may make provision for or with respect to the conditions that may be imposed by the Minister under subsection (3).Division 2 Gas supply33C Right to supply of gas from standard supplier for small retail customers(cf section 34 of Electricity Supply Act 1995)(1) A small retail customer who owns or occupies premises:(a) that are within a standard supplier’s supply district, andmay apply to the standard supplier to be supplied with natural gas at those premises under a standard form customer supply contract.(b) that are connected to a distribution system in accordance with the regulations,(2) Such an application may be made by any person on behalf of a small retail customer referred to in subsection (1).(3) If a small retail customer referred to in subsection (1) makes such an application, the standard supplier is under an obligation:(a) to supply natural gas to the applicant’s premises under a standard form customer supply contract, or(b) to ensure that natural gas is so supplied.(4) The right that a person has under this section to be supplied with natural gas to premises is subject to:(a) any provision of this Act or the regulations that authorises the refusal, suspension or discontinuance of the supply of natural gas, and(b) the capacity of the connection of the premises to the distribution system, having regard to the need to maintain the safety and reliability of the system.(5) It is a condition of a standard supplier’s authorisation that the supplier must fulfil the obligations imposed on the supplier by this section.(6) The regulations may make provision for or with respect to applications under this section, including provisions for or with respect to the circumstances in which such an application is or may be taken to have been made.(1) A supplier may, but is not required to, supply natural gas to the premises of any customer.(2) Without limitation, a standard supplier may, but is not required to, supply natural gas to the premises of any customer within or outside the supplier’s supply district.(3) However, this section does not affect any obligation that a supplier has as the holder of an endorsement under section 33A (including, for example, the obligations of a standard supplier under section 33C).Division 3 Resolution of customer disputes33E Internal review of certain decisions disputed by customers(cf section 96 of Electricity Supply Act 1995)(1) A small retail customer may apply to a supplier for a review of a decision of the supplier in relation to any matter arising under a customer supply contract or any other matter prescribed by the regulations for the purposes of this subsection.(2) Without limiting subsection (1), a person may apply to a supplier for a review of a decision of the supplier to classify the person as being or as not being a small retail customer.(3) The regulations may make provision for or with respect to the following matters:(a) the procedures for making an application and for dealing with an application that are to be contained in standard form customer supply contracts,(b) imposing conditions on suppliers’ authorisations relating to the provision and implementation of procedures for dealing with an application.(4) The regulations may treat a failure to make a decision within a specified period as a decision of a particular kind.(5) An application made and dealt with under this section is to be free of charge to the applicant.33F Review of certain decisions under gas industry ombudsman scheme(cf section 96A of Electricity Supply Act 1995)(1) A small retail customer, and any other person of a class prescribed by the regulations, may apply to the gas industry ombudsman under an approved gas industry ombudsman scheme for review of a decision in a dispute or complaint to which the scheme relates.(2) Except as provided by the scheme or by the regulations, a person does not have a right of review under this section in respect of a decision for which a review may be sought under section 33E unless the decision has been the subject of review under that section.(3) A review under this section is to be free of charge to small retail customers and to other persons of such classes as are prescribed by the regulations.(4) This section does not affect any jurisdiction that the Fair Trading Tribunal has under the Consumer Claims Act 1998 or the Residential Tribunal has under the Residential Tribunal Act 1998.(5) The gas industry ombudsman may decline to deal with a matter if it has been, is being or should be dealt with by another person or tribunal or there are, in the ombudsman’s opinion, not sufficient grounds for further investigation.(6) Without limiting subsection (5), the gas industry ombudsman may deal with a matter by making arrangements for it to be referred to another person or tribunal.(1) The Minister may approve a gas industry ombudsman scheme for the purposes of this Act, being a scheme that provides for the appointment of a gas industry ombudsman to deal with:(a) disputes and complaints under customer supply contracts entered into with small retail customers, and(b) disputes between small retail customers and gas marketers (within the meaning of Division 5) and complaints by small retail customers about gas marketers, and(c) any other disputes and complaints of such classes (whether or not under contracts referred to in paragraph (a)) as are prescribed by the regulations.(2) Before approving such a scheme, the Minister must be satisfied that the scheme meets the following objectives:(a) that all suppliers who are required to be members of the scheme are members of the scheme, have agreed to be bound by decisions of the gas industry ombudsman under the scheme and, as members, are so bound,(b) that the scheme has satisfactory arrangements in place to deal with all disputes and complaints referred to in subsection (1),(c) that the gas industry ombudsman will be able to operate independently of all suppliers in exercising functions under the scheme,(d) that the scheme will be accessible to small retail customers and other customers prescribed by the regulations,(e) that membership of the scheme will be accessible to all potential members and will provide appropriate representation for all members in relation to the scheme’s governing body,(f) that, without limiting any other application of the scheme, the scheme will apply to all disputes and complaints arising under customer supply contracts relating to small retail customers,(g) that the scheme will operate expeditiously and without cost to small retail customers and to other persons of such classes as are prescribed by the regulations,(h) that the scheme will allow customers to choose whether or not they wish to be bound by determinations under the scheme,(i) that the scheme will satisfy best practice benchmarks for schemes of a similar kind, both in terms of its constitution and procedure and in terms of its day to day operations,(j) that the scheme will provide for a monetary limit on claims covered by the scheme of an amount or amounts approved by the Minister,(k) that the scheme will maintain the capacity of the gas industry ombudsman, where appropriate, to refer disputes or complaints to other forums,(l) that the scheme will require the gas industry ombudsman to inform the Minister of substantial breaches of authorisation conditions, the Marketing Code of Conduct (within the meaning of Division 5) or of the Act of which the ombudsman becomes aware,(m) such other objectives as are prescribed by the regulations.(3) A scheme may treat a failure to make a decision within a specified period as a decision of a particular kind.(4) The Minister may at any time revoke an approval under this section.(5) If a dispute or complaint involving a gas marketer (within the meaning of Division 5) or person other than a supplier is prescribed as a dispute or complaint to which an approved scheme may apply, the regulations may make it an offence for the gas marketer or person to fail to comply with a decision of the gas industry ombudsman under the scheme.(6) Notice of any approval given by the Minister under this section, and of the revocation of any such approval, is to be published in the Gazette.(7) Subject to this section, the same scheme may be approved for the purposes of both this Act and any other Act or law.33H Authorisation conditions relating to approved gas industry ombudsman schemes(cf section 96C of Electricity Supply Act 1995)It is a condition of a supplier’s authorisation under which a supplier supplies natural gas to small retail customers that:(a) the supplier must be a member of an approved gas industry ombudsman scheme, and(b) the supplier is bound by, and must comply with, any decision of the gas industry ombudsman under the scheme relating to a dispute or complaint involving the supplier and a small retail customer.Nothing in this Act prevents provision being made in negotiated customer supply contracts for the resolution of disputes with persons not covered by either or both of sections 33E and 33F.Division 4 Market operationsIn this Division:market operations rule means a rule approved under section 33K.retail market business system, in relation to the natural gas industry, means a system of practices and procedures that is designed to facilitate a competitive retail market in that industry, including practices and procedures with respect to the transfer of customers between suppliers, being a system that includes any one or more of the following features:(a) procedures for the identification of delivery points along a reticulator’s distribution system, and for collecting, processing, recording and transmitting information associated with the delivery points so identified,(b) procedures for collecting, processing, recording and transmitting information arising from the metering of natural gas,(c) procedures for estimating natural gas consumption, either generally or in relation to particular customers or classes of customers,(d) procedures for the apportioning of natural gas flows among the various suppliers having customers supplied with natural gas from a single distribution system,(e) procedures for accrediting persons engaged in any of the procedures referred to in paragraphs (a)–(d), and for auditing the activities of persons so engaged,(f) procedures with respect to the administration, reporting, accounting, enforcement and review of the procedures referred to in paragraphs (a)–(e).(1) The Minister may approve rules for or with respect to the following matters:(a) obligations to enter into, and the form and content of, agreements between reticulators and suppliers for the use by suppliers of the reticulators’ distribution systems,(b) the circumstances in which customers may be transferred between suppliers and the procedures for the transfer, including procedures relating to consent of and notice to customers and determination of time of transfer and costs as at transfer,(c) the operation of distribution systems,(d) the establishment and operation of retail market business systems for the natural gas industry,(e) the ancillary market activities of ancillary market participants,(f) any other matter prescribed by the regulations,(g) matters ancillary to or consequential on the matters set out in paragraphs (a)–(f).(2) A rule may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or any other publication, whether of the same or of a different kind.(3) A rule may:(a) apply generally or be limited in its application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time agreed, determined, applied or regulated by any specified person or body.(4) The Minister may from time to time approve amendments to the rules or the revocation of rules.(5) If a rule, or a rule amending or revoking a rule, is approved by the Minister:(a) written notice of the approval of the rule must be published in the Gazette, and(b) the rule takes effect on the day on which notice is so published or, if a later day is specified in the rule for commencement, on the later day so specified, and(c) the Minister must make available a copy of the rule to each supplier or reticulator.(6) A rule must not be inconsistent with this Act or the regulations, or the Gas Pipelines Access (New South Wales) Law or Gas Pipelines Access (New South Wales) Regulations, and is unenforceable to the extent of any such inconsistency.(7) Subject to subsection (6), a rule may be approved for the purposes of both this Act and any other Act or law.(1) A person must not contravene the market operations rules.Maximum penalty: 200 penalty units.(2) It is a condition of a supplier’s authorisation that the supplier must comply with the market operations rules.(3) It is a condition of a reticulator’s authorisation that the reticulator must comply with the market operations rules.(4) Subsection (1) does not apply to a person in the person’s capacity as a customer of a supplier.Division 5 Marketing of gasIn this Division:gas marketer means any of the following persons:(a) a person who is a supplier,(b) a person who acts as agent of a supplier for the purposes of obtaining new customers, or retaining existing customers, for the supplier,(c) a person who acts as agent of one or more customers in respect of the retail supply of natural gas,(d) a person who acts as an intermediary in any other capacity between one or more customers and a supplier in respect of the retail supply of natural gas,(e) a person who engages in or carries on any other activity relating to natural gas or the natural gas 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 33N.(1) The Minister may approve a code of conduct as the Marketing Code of Conduct for the purposes of this Division.(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.A gas 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).33P Authorisation conditions relating to marketing activities relating to small retail customers(cf section 63I of Electricity Supply Act 1995)It is a condition of a supplier’s authorisation that:(a) the 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 supplier by a gas marketer, or that is arranged or facilitated by a gas marketer, the supplier must be satisfied that the gas marketer has complied with the Marketing Code of Conduct (including any requirements relating to the customer’s consent).(1) A gas marketer (other than a supplier) must, if the marketer introduces a small retail customer to a supplier, or arranges or facilitates a customer supply contract between any such customer and a supplier, give to the supplier a written statement to the effect that the gas marketer has complied with the Marketing Code of Conduct with respect to the customer (including any requirements relating to the customer’s consent).(2) A gas marketer must not give to a supplier a statement under this section knowing that it is false or misleading in a material particular.Maximum penalty: 100 penalty units.Division 6 Miscellaneous(1) For the purposes of this Act, a small retail customer is:(a) a person who consumes or is expected to consume natural gas at premises at a rate that is less than the prescribed rate, determined in accordance with any relevant provisions of the regulations, or(b) a person who consumes or is expected to consume natural gas at premises used for a purpose prescribed by the regulations, or(c) a person who is treated in accordance with any relevant provisions of the regulations as a small retail customer, even though the person is not a person described in paragraph (a) or (b).(2) The regulations may make provision for or with respect to determining whether or not a person consumes or is expected to consume natural gas at a rate that is less than the prescribed rate for the purposes of subsection (1) (a).(3) The regulations may make provision for or with respect to:(a) treating a person who consumes or may consume natural gas at a rate that is the prescribed rate per year or more, oras a small retail customer.(b) treating a person who consumes or may consume natural gas at premises used for a purpose referred to in subsection (1) (b),(4) Subject to the regulations, this section applies separately in relation to each premises at which a person consumes or is expected to consume natural gas.(5) Without limiting any other provision of this section, a regulation made for the purposes of this section may apply to a person only in respect of the consumption of natural gas at certain premises (in which case the regulation does not apply to that person in respect of the person’s consumption of natural gas at other premises).(6) In this Act, a reference to a small retail customer extends only to the supply of natural gas to premises in relation to which the person is such a customer and does not extend to the supply of natural gas to any other premises for which the person is not a small retail customer.(7) In this section:prescribed rate means the rate, expressed as a number of gigajoules per year or in any other manner, specified in the regulations.33S Declaration of ancillary market activities and ancillary market participants(1) The Minister may, by order published in the Gazette, declare any activity that is ancillary to the supply of natural gas, or that facilitates the supply of natural gas, to be an ancillary market activity.(2) The Minister may, by order in writing served on any person who, in the Minister’s opinion, is involved in the conduct of an ancillary market activity, declare that person to be an ancillary market participant in relation to that activity for the purposes of this Act.Nothing in this Act or the Electricity Supply Act 1995 prevents a contract under this Act and a contract under that Act from being embodied in a single document.
[13] Section 40 Conditions of licences
Omit “tariff customers” from section 40 (2) (b) (ii).Insert instead “small retail customers”.
[14] Section 83 Regulations
Insert after section 83 (2) (c):(d) the regulation of ancillary market participants in their conduct of ancillary market activities,(e) the obligations of persons who obtain or receive information about customers or prospective customers with respect to the collection, keeping, disclosure or other use of that information and the inclusion of such obligations in customer contracts,
[15] Section 83 (2) (l)
Omit the paragraph. Insert instead:(l) fees, charges and payments (other than fees, charges and payments of the kind for which orders may be made under section 27).
[16] Section 83 (3) (a)
Omit “standard form”. Insert instead “customer supply”.
[17] Section 83 (4)
Insert “with appropriate representatives of consumers, the public, relevant interest groups, and any sector of industry or commerce, likely to be affected by those regulations and” after “consulted”.
[18] Section 83 (5)
Omit the subsection.
[19] Section 87 Review of Act
Omit “this Act” from section 87 (2).Insert instead “the Gas Supply Amendment (Retail Competition) Act 2001”.
[20] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
[21] Schedule 2, clause 12 (2)
Omit “tariff customers”. Insert instead “small retail customers”.
[22] Schedule 2, Part 3
Insert after Part 2:Part 3 Provisions consequent on enactment of Gas Supply Amendment (Retail Competition) Act 200116 DefinitionsIn this Part:the 2001 amending Act means the Gas Supply Amendment (Retail Competition) Act 2001.17 Reviews of suppliers’ decisionsSection 33E, as inserted by the 2001 amending Act, extends to matters arising before the commencement of that section.18 Gas industry ombudsmanSection 33F, as inserted by the 2001 amending Act, extends to disputes and complaints arising before the commencement of that section.19 Interim gas pricing orders(1) The Tribunal may, by order served on a standard supplier, establish an interim pricing mechanism according to which the following tariffs, fees, charges and payments are to be fixed by the supplier in relation to the supply of natural gas to small retail customers under standard form customer supply contracts (an interim gas pricing order):(a) tariffs for natural gas,(b) security deposits and other payments in the nature of security deposits,(c) fees and charges in relation to late or dishonoured payments,(d) fees and charges in relation to the establishment or maintenance of accounts,(e) fees and charges in relation to the disconnection of premises from, or the reconnection of premises to, a distribution system,(f) such other fees, charges and payments as are prescribed by the regulations.(2) Such an order may not be made in relation to any class of small retail customers in respect of whom a gas pricing order is in force under section 27.(3) The Minister may give the Tribunal a written referral requiring the Tribunal to make an interim gas pricing order within a time specified in the referral and, in that event, the Tribunal must take all reasonable steps to comply with the requirements of the referral.(4) Before making an interim gas pricing order, the Tribunal must notify the Minister of its intention to do so (except in the case of an order given pursuant to a referral under subclause (3)).(5) An interim gas pricing order:(a) takes effect on the date on which it is served on the standard supplier concerned or on such later date as may be specified in the order in that regard, andbut may be extended by the Tribunal (on one occasion only) for up to 3 months by a further order served on the standard supplier.(b) continues in force for such period as is specified in the order, not exceeding 6 months from the date on which it takes effect,(6) Section 27A (subsections (2) and (3) excepted) applies to an interim gas pricing order under this clause in the same way as it applies to a gas pricing order under section 27.(7) Section 28 does not apply to or in respect of an interim gas pricing order under this clause.(8) This clause ceases to have effect on such date as may be appointed by a regulation published in the Gazette before 1 July 2003 or, if no such date is so appointed, on 1 July 2003.
[23] Dictionary
Insert in alphabetical order:ancillary market activity means an activity that is the subject of an order in force under section 33S (1).ancillary market participant means:(a) a person who is supplied with natural gas by means of a distribution system otherwise than by a supplier, or(b) a person who is the subject of an order in force under section 33S (2).approved gas industry ombudsman scheme means a scheme approved under section 33G.negotiated customer supply contract means a customer supply contract that is not a standard form customer supply contract.retail customer means a customer who owns or occupies premises to which natural gas is supplied under a contract between the customer and the holder of a supplier’s authorisation.small retail customer—see section 33R.standard form customer supply contract means a contract that is declared by the regulations to be a standard form customer supply contract.standard supplier means an authorised supplier to whose authorisation is attached a standard supplier’s endorsement as referred to in section 33A.supply district of a standard supplier means the supply district described in its standard supplier’s endorsement as referred to in section 33A (2) (a).
[24] Dictionary
Omit the definition of tariff customer.
Schedule 2 Amendment of Electricity Supply Act 1995
(Section 4)
[1] Section 63C Market operations rules
Insert after section 63C (6):(7) Subject to subsection (6), a rule may be approved for the purposes of both this Act and any other Act or law.
[2] Section 63G Marketing Code of Conduct
Insert after section 63G (3):(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.
[3] Section 90 Constitution of customer consultative groups
Omit “distribution network service provider or standard retail supplier, as the case requires” from section 90 (3).Insert instead “regulations”.
[4] Section 92 Small retail customers
Omit “prescribed premises for the purposes of subsection (1) (b)” from section 92 (3) (b).Insert instead “premises used for a purpose referred to in subsection (1) (b)”.
[5] Section 96B Electricity industry ombudsman scheme
Insert “who are required to be members of the scheme” after “all licence holders” in section 96B (2) (a).
[6] Section 96B (2) (g)
Omit “customers”.Insert instead “small retail customers and to other persons of such classes as are prescribed by the regulations”.
[7] Section 96B (7)
Insert after section 96B (6):(7) Subject to this section, the same scheme may be approved for the purposes of both this Act and any other Act or law.
[8] Section 99 One document may serve several purposes
Insert at the end of the section:(2) Nothing in this Act or the Gas Supply Act 1996 prevents a contract under this Act and a contract under that Act from being embodied in a single document.