Conditions applying to certain exemptions under cl. 4: fees and charges
6 Conditions applying to certain exemptions under cl. 4: fees and charges
In this clause —
electricity reticulation system means any apparatus, plant or equipment that is used for, or in connection with, the transportation of electricity to a property;
exempt supplier, in relation to a property, means a person who is exempt from the Electricity Industry Act 2004 section 7(2), (3) or (4) under clause 4 in relation to the property;
occupier, of a property, means a person in lawful occupation of the property.
For the purposes of this clause, electricity services are services for, or in connection with, the supply of electricity.
Without limiting subclause (2), electricity services include —
the provision and maintenance of an electricity reticulation system; and
the connection of a property to an electricity reticulation system; and
the provision, maintenance and reading of a meter to measure and record the quantity of electricity supplied to a property; and
the preparation and issue of accounts in relation to the supply of electricity to a property; and
anything incidental to or associated with a matter referred to in paragraph (a), (b), (c) or (d).
If electricity supplied to a residential property by an exempt supplier is supplied to the exempt supplier by the Electricity Generation and Retail Corporation, any charge imposed by the exempt supplier for the electricity must not exceed the charge for metered consumption —
to be paid under the Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and
applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply.
If electricity supplied to a residential property by an exempt supplier is supplied to the exempt supplier by the Regional Power Corporation, any charge imposed by the exempt supplier for that electricity must not exceed the charge for metered consumption —
to be paid under the Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and
applying to electricity supplied by the Regional Power Corporation on the day of the supply.
If electricity supplied to a residential property by an exempt supplier is generated using generating works that are owned or operated by the exempt supplier, any charge imposed by the exempt supplier for that electricity must not exceed the amount necessary for the exempt supplier to recover the costs of generation.
Any fees or charges imposed by an exempt supplier for the provision of electricity services in relation to a residential property must not, in total —
in a licence area in which the Electricity Generation and Retail Corporation sells electricity to customers, exceed the fixed charge —
to be paid under the Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and
applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply;
or
in a licence area in which the Regional Power Corporation sells electricity to customers, exceed the fixed charge —
to be paid under the Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and
applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply.
Subclause (6) applies even if the electricity is generated using generating works that are owned or operated by the exempt supplier.
If an exempt supplier supplies electricity to a property, the exempt supplier must make available to an occupier of the property information that clearly sets out —
the quantity of electricity supplied to the occupier; and
the fees and charges payable by the occupier —
for electricity supplied; and
for the provision of electricity services in relation to the property.
Information referred to in subclause (7) must be made available in a manner that is easily accessible.
If information referred to in subclause (7) is not included in an account issued to an occupier of the property, the exempt supplier must inform the occupier of how to gain access to the information.
[Clause 6 amended: Gazette 8 May 2009 p. 1498-9; 27 Dec 2013 p. 6475; 23 Dec 2016 p. 5897‑9.]
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