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UTILITIES AMENDMENT ACT 2021 (NO. 9 OF 2021) - SECT 6

New subdivision 5A.2.1A

insert

Subdivision 5A.2.1A     Electricity pricing information for small customers

75GA     Obligation to give electricity price information

    (1)     If a NERL retailer tells a small customer for premises about the price of supplying electricity to the small customer, the retailer must also tell the small customer the difference between—

        (a)     the reference price for the electricity; and

        (b)     the retailer's price for the electricity for the same period.

    (2)     For subsection (1), a NERL retailer tells a small customer for premises about the price of supplying electricity to the small customer

        (a)     if the retailer offers to supply electricity to the small customer at the price; or

        (b)     if the retailer advertises or publishes the price; or

        (c)     if the price of the electricity supplied by the retailer to the small customer changes—if the retailer tells the small customer the new price.

    (3)     If a NERL retailer supplies electricity to a small customer for premises and it has a better offer in relation to the supply of the electricity to the small customer, the retailer must tell the small customer that there is a better offer.

    (4)     To assist a small customer to make an informed decision about electricity offered for supply or supplied to the small customer, an industry code may provide for—

        (a)     how and when information mentioned in subsections (1) and (3) must be given by the NERL retailer to the small customer; and

        (b)     what other information the NERL retailer must give to the small customer in relation to the matters mentioned in subsections (1) and (3).

    (5)     In this section:

"better offer", in relation to the supply of electricity to a small customer by a NERL retailer, means a discount or alternative offer for the supply of the electricity by the retailer that, if the small customer were to accept, may reduce the amount payable by the small customer for the electricity.

"conditional discount", in relation to the retailer's price of electricity, means a reduction (however described) in the price a small customer would have to pay for the electricity supplied by the NERL retailer if certain conditions were met other than a condition relating to the circumstances in which the small customer enters into a contract with the NERL retailer for the supply of the electricity.

"price"—

        (a)     includes a charge of any description, including a recurring fee; but

        (b)     does not include any of the following:

              (i)     a one-off fee;

              (ii)     a fee for making, or failing to make, a payment in particular circumstances;

              (iii)     a fee for a service provided on request or because of special circumstances.

Examples

1     par (a)—an annual membership fee

2     par (b) (i)—a connection or reconnection fee, an account establishment fee

3     par (b) (ii)—a credit card transaction fee, late payment fee, direct debit dishonour fee

4     par (b) (iii)—a fee for a meter read requested by a customer

"reference price", of electricity—see section 75GB (1) (b).

"representative consumption", of electricity—see section 75GB (1) (a).

"retailer's price", in relation to a NERL retailer, means the total price a small customer would have to pay if the NERL retailer supplied the representative consumption of electricity to the customer disregarding any conditional discounts.

"small customer"—see the National Energy Retail Law (ACT) , section 5.

75GB     Determination of representative consumption and reference price

    (1)     The Minister and Treasurer must jointly, for each year, determine in relation to the supply of electricity to a small customer for premises—

        (a)     an amount of electricity (the representative consumption ) they consider broadly represents the amount of electricity supplied to the small customer each year at the time they make the determination; and

        (b)     an annual price (the reference price ) for the supply of the representative consumption of electricity to the small customer they consider is reasonable.

Note     Power to make a determination includes power to make different provision in relation to different classes of small customers (see Legislation Act

, s 48).

    (2)     A determination is a notifiable instrument.

    (3)     In this section:

"small customer"—see the National Energy Retail Law (ACT) , section 5.



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