Conditions applying to exemptions under clause 10
11 Conditions applying to exemptions under clause 10
In this clause —
code provision means a provision of the code of conduct as defined in the Electricity Industry Act 2004 section 78 other than —
Parts 2, 9, 11, 13 and 14; and
clauses 4.4(1)(t) and (bb), 5.2(1)(c), 6.10, 7.1(1)(c)(ii), 10.1(1), 10.2(4), 10.4(b) and (c), 10.7(4), 10.8(2), 10.10(2), (4), (5) and (6), 12.1(2)(b), (3) and (4), and 12.5(1)(b) and (c),
of that code.
The exemption provided for in clause 10(3) is subject to the condition that the person must comply with any obligation that the Electricity Industry (Network Quality and Reliability of Supply) Code 2005 from time to time imposes on a transmitter as if the person were a transmitter for the purposes of that code.
The exemption provided for in clause 10(4) is subject to the following conditions —
the person must comply with any obligation that the Electricity Industry (Obligation to Connect) Regulations 2005 regulations 4 and 7(1) from time to time impose on a distributor as if the person were a distributor for the purposes of those regulations;
the person must comply with any obligation that a code provision from time to time imposes on a distributor as if the person were a distributor for the purposes of that provision;
the person must comply with any obligation that the Electricity Industry (Network Quality and Reliability of Supply) Code 2005 from time to time imposes on a distributor as if the person were a distributor for the purposes of that code.
The exemption provided for in clause 10(5) is subject to the condition that the person must comply with any obligation that a code provision from time to time imposes on a retailer as if the person were a retailer for the purposes of that provision.
For the purposes of subclauses (1a) and (2)(c) the Electricity Industry (Network Quality and Reliability of Supply) Code 2005 is taken to be modified so that —
the words “under a distribution licence, transmission licence or integrated regional licence” are omitted from the definition of “network” in section 3(1); and
a report under section 27(1)(a) is not required to set out the information described in Schedule 1 items 8, 14 and 15; and
Schedule 1 item 10 does not apply in relation to the first report under section 27(1)(a).
[Clause 11 amended: Gazette 27 Jun 2006 p. 2286-7.]
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