Energy Coordination (Customer Contracts) Regulations 2004

A customer contract must deal with the following matters —

the circumstances in which the contract may be terminated by the retailer or the customer;

the procedures for and in relation to termination of the contract; and

when termination of the contract takes effect.

Without limiting subregulation (1), a customer contract must authorise the retailer to terminate the contract if the customer —

becomes insolvent;

goes into liquidation;

commits an act of bankruptcy; or

commits a substantial breach of the contract.

A customer contract must not authorise the retailer to terminate the contract if the customer commits a breach of the contract (other than a substantial breach referred to in subregulation (2)(d)) unless —

the retailer has a right to disconnect supply under the contract, a written law or a relevant code; and

the retailer has disconnected supply at all supply addresses of the customer covered by the contract.

Without limiting subregulation (1), a customer contract must include a provision that states that, despite any other provision of the contract, the termination of the contract by the retailer or the customer does not have effect until —

in the case of termination because the customer has entered into another customer contract with the retailer, the cooling‑off period (if any) for that other contract expires;

in the case of termination because the customer has entered into a customer contract with another retailer, the customer is transferred to the other retailer in accordance with the retail market rules (as defined in section 11ZOA of the Act) for the distribution system concerned; or

in the case of termination following disconnection, the customer no longer has any right to reconnection under the provisions of the contract, a written law or a relevant code.

Without limiting subregulation (1), a customer contract must include provisions that state that if the contract is terminated —

the retailer may arrange for a final meter reading and for disconnection on the day on which the contract ends;

the retailer may issue a final bill to the customer;

the retailer may, subject to the provisions of any written law or relevant code, charge the customer a fee for the final meter reading, disconnection and final bill;

the retailer or gas distribution operator may remove any network equipment at any time after the day on which the contract ends;

the customer must allow the retailer or gas distribution operator safe and unrestricted access to the supply address for the purpose of removing network equipment; and

if the customer wants the retailer to again supply gas to the customer, the customer must enter into a new customer contract with the retailer.