1Citation
These regulations may be cited as the Energy Coordination (Customer Contracts) Regulations 2004.
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Bill homepageThese regulations may be cited as the Energy Coordination (Customer Contracts) Regulations 2004.
These regulations come into operation on the day on which section 28 of the Energy Legislation Amendment Act 2003 comes into operation.
In these regulations, unless the contrary intention appears —
billing data means information contained in or relating to bills that have been issued by a retailer to a customer;
business day means a day that is not a Saturday, Sunday or public holiday;
charge includes price and tariff;
Code of Conduct means the code of conduct approved under section 11ZPM of the Act;
customer has the meaning given in section 11WB of the Act;
customer contract means a standard form contract or a non‑standard contract;
disconnection means the disconnection of supply;
gas distribution operator means the person who is required to hold a distribution licence for the distribution system through which gas is supplied to the customer;
gas industry ombudsman has the meaning given to that term in section 11ZPZ(1) of the Act;
gas industry ombudsman scheme means a scheme that is approved, or taken to be approved, under Part 2D Division 2 of the Act;
meter means equipment used to measure the quantity of gas supplied to a customer;
network equipment means the meter and any pipes, apparatus or other equipment used for or in connection with the supply of gas and located upstream from the meter;
non‑standard contract has the meaning given to that term in section 11WB of the Act;
provision of a customer contract means a provision, term or condition of a customer contract;
reconnection means the reconnection of supply;
relevant code means a code, standard or other document referred to in regulation 10;
residential customer means a customer who is required to pay a residential charge;
retailer means the holder of a trading licence;
security deposit means an amount of money provided as security against a customer defaulting on a payment due to a retailer under a customer contract;
standard form contract has the meaning given to that term in section 11WB of the Act;
supply means the supply of gas to a customer;
supply address means the address of the place to which gas is, or will be, supplied under a customer contract.
[Regulation 3 amended: SL 2022/104 r. 4 and 28.]
Notes in these regulations are provided to assist understanding and do not form part of the regulations.
A customer contract must be in a format that makes it easy to read.
A customer contract must be expressed in clear, simple and concise language.
A customer contract must specify the day on which the contract comes into effect and the period for which it has effect.
A customer contract must specify the retailer’s —
company name and business name (if different from its company name); and
Australian Business Number or Australian Company Number; and
registered office address and business address (if different from its registered office address); and
postal address; and
telephone number; and
email address; and
internet website address.
[Regulation 7 amended: SL 2022/104 r. 5.]
A customer contract must give an exact description of the goods and services that the retailer will provide under the contract.
[Regulation 8 amended: SL 2022/104 r. 28.]
A customer contract must explain the respective functions of the retailer and the gas distribution operator in relation to supply.
[Regulation 9 amended: SL 2022/104 r. 28.]
A customer contract must specify any code, standard or similar document that —
the retailer has agreed to comply with; and
is relevant to matters dealt with in the contract.
[Regulation 10 amended: SL 2022/104 r. 28.]
A customer contract must prohibit the customer from tampering with or bypassing the meter or allowing any other person to do so.
A customer contract must prohibit the customer from turning gas on at the meter, without the retailer’s permission, if the gas has been turned off by the retailer or the gas distribution operator.
[Regulation 11 amended: SL 2022/104 r. 6.]
A customer contract must deal with the following matters —
the obligations of the retailer in relation to disconnection and reconnection;
the rights of the customer before disconnection;
the circumstances in which supply may be disconnected or reconnected;
the circumstances in which supply must not be disconnected;
the process for disconnection or reconnection including when notice of disconnection or reconnection is to be given to the customer and the way in which it is to be given;
any charges payable by the customer in respect of disconnection or reconnection.
Without limiting subregulation (1), a customer contract must prohibit a retailer, except in circumstances where disconnection is required under the Gas Standards Act 1972, from disconnecting supply or causing disconnection to occur if —
the customer has provided to the retailer a written statement from a medical practitioner to the effect that supply is necessary in order to protect the health of a person who lives at the customer’s supply address; and
the customer has entered into arrangements acceptable to the retailer in relation to payment for gas supplied.
In subregulation (2) —
medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession.
Without limiting subregulation (1), a customer contract must require the retailer, before disconnecting supply for non‑payment of a bill —
to give a written notice (the reminder notice) to the customer not less than 14 business days after the day on which the bill was issued (the billing day) advising the customer that payment is overdue and requiring payment to be made on or before the day specified in the reminder notice (being a day not less than 20 business days after the billing day); and
if payment is not made on or before the day specified in the reminder notice, to give a further written notice (the disconnection warning) to the customer not less than 22 business days after the billing day advising the customer that disconnection will occur unless payment is made on or before the day specified in the disconnection warning (being a day not less than 10 business days after the day on which the disconnection warning is given).
Without limiting subregulation (1), a customer contract must require the retailer, subject to the provisions of any written law or relevant code, to reconnect supply if —
within 10 business days after disconnection for non‑payment of a bill, the customer pays the overdue amount or makes an arrangement for its payment; or
within 10 business days after disconnection for denial of access to a meter, the customer provides access to the meter; or
within 10 business days after disconnection for unlawful consumption of gas, the customer pays for the gas consumed; or
within 10 business days after disconnection for refusal to pay a security deposit, the customer pays the security deposit; or
within 20 business days after disconnection in an emergency situation or for health, safety or maintenance reasons, the situation or problem giving rise to the need for disconnection has been rectified,
and if the customer has paid any applicable reconnection fee.
[(6), (7) deleted]
[Regulation 12 amended: Gazette 14 Jun 2011 p. 2132; SL 2022/104 r. 7 and 28.]
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