Provisions relating to last resort supply
38A Provisions relating to last resort supply
In this regulation —
last resort supply fee has the meaning given to that term in regulation 3 of the Energy Coordination (Last Resort Supply) Regulations 2005;
last resort supply plan means a last resort supply plan approved or determined under section 11ZAG of the Act;
transferred customer means a customer who is transferred to the retailer as the supplier of last resort under a last resort supply plan.
This regulation applies to the standard form contract of a retailer if the retailer is the supplier of last resort for a supply area under Part 2A Division 6A of the Act.
Without limiting regulation 14(1), if the last resort supply plan for the supply area makes provision for a last resort supply fee, the standard form contract of the retailer must —
require a transferred customer to pay the last resort supply fee to the retailer;
specify when the last resort supply fee is payable; and
prohibit a transferred customer from terminating the contract if the last resort supply fee has not been paid.
The standard form contract of the retailer must require the retailer to supply gas to a transferred customer for a period of not less than 3 months after the day on which the transfer occurs unless the transferred customer terminates the contract.
The standard form contract of the retailer must not authorise the retailer to terminate the contract because of anything done or omitted to be done by a transferred customer before transfer to the retailer.
A provision for the purposes of subregulation (3)(c) or (4) is to be expressed to apply despite any other provision of the contract.
[Regulation 38A inserted: Gazette 13 May 2005 p. 2075‑6; amended: SL 2022/104 r. 28.]
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