Retailer of last resort arrangements
18 Retailer of last resort arrangements
Subregulations (2) to (7) apply if:
(a) the Utilities Commission appoints the retailer of last resort under section 44D(1) of the Act to sell electricity to customers of the failed retailer; and
the transfer date has occurred.
(2) Any complaint or dispute between the failed retailer and the customer (whether the complaint or dispute arose before, on or after the transfer date) may be dealt with between the failed retailer and the customer as if the RoLR transfer event and the transfer of the customer had not occurred.
(3) The failed retailer or its insolvency official must take steps to cancel, with effect commencing on the transfer date, any direct debit authorisations (including any Centrepay deductions) that are in place for the customer.
Note for subregulation (3)
Cancellation of a direct debit authorisation does not affect the customer's obligation to pay for any electricity consumed before the transfer date.
(4) If the customer has paid amounts to the failed retailer in advance towards the customer's electricity bill, the failed retailer or its insolvency official must:
(a) apply those amounts to the payment of the customer's account, but only insofar as that payment is for electricity consumed before the transfer date; and
pay the balance to the customer.
(5) If the customer has paid the failed retailer in whole or in part for a service order under the Retail Code and the order has not been completed before the transfer date:
the retailer of last resort must:
place the order with the network provider; or
(ii) if the order has already been placed – take steps to ensure its completion; and
(b) the customer is not liable to pay for the order except to the extent that the customer had not already paid on or before the transfer date.
(6) If a payment plan is in force between the customer and the failed retailer, the failed retailer or its insolvency official or assignee must continue to comply with that plan to the extent that it provides for the payment by instalments of any arrears that are outstanding on the transfer date.
(7) If the customer is on a prepayment meter, a payment equal to the value of any credit remaining in the prepayment meter account immediately before the transfer date must be made by the failed retailer or its insolvency official to the customer, without any deduction.
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