Enforcement
40 Enforcement
If a user fails to observe or perform any of its obligations under an access agreement (in this regulation called a default), then a corporation may —
notify the user of the default and require the user to remedy the default;
if the default is a default in the payment of any amount and has not been remedied by the end of the 3rd business day after the notice was given, then disconnect the user’s connections from the electricity transmission network whilst that default is continuing;
if the default is any other type of default and at the end of the 5th business day after the notice was given —
the default has not been remedied; or
the user has not to the reasonable satisfaction of the corporation commenced to remedy the default or has commenced to remedy the default but is not diligently proceeding to remedy the default,
then disconnect the user’s connections from the electricity transmission network whilst that default is continuing; and
if the default has not been remedied at the end of the 20th business day after the notice was given, then treat the default as a repudiation of the access agreement and terminate the access agreement.
The rights of a corporation under this regulation (except the periods of notice) are in addition to and are not to limit any other rights which the corporation has under an access agreement or any other rights or remedies which it has under any other written law, at law, in equity or otherwise.
Specifically, the imposition by a corporation of a charge under Part 4 or otherwise for the use of any access service other than in accordance with the access agreement does not affect the corporation’s rights under this regulation and is not to be taken as any commitment by the corporation to provide any additional access services.
Termination of an access agreement under this regulation does not prejudice the rights or remedies accrued to either party at the date of termination.
[Regulation 40 amended: Gazette 28 Dec 2001 p. 6719; 31 Mar 2006 p. 1338-41.]
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