Australian Capital Territory Repealed Acts

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This legislation has been repealed.

ELECTRICITY SUPPLY ACT 1997 (REPEALED) - SECT 29

29. It is a condition of a retail supplier's licence that the supplier shall not supply electricity to the premises of a retail customer otherwise than under a customer supply contract.

Division 2—Standard form customer supply contracts

Procedure for making standard form customer supply contracts

30. (1) A retail supplier shall prepare a standard form customer supply contract to establish the conditions on which it will supply electricity to the premises of its franchise customers.

(2) A retail supplier shall notify any prescribed body, and shall have due regard to its comments, before completing its preparation of a standard form customer supply contract.

(3) Different forms of customer supply contract may be prepared for different classes of franchise customers.

Matters for which standard form customer supply contracts are to provide

31. (1) A standard form customer supply contract shall make provision for—

        (a)     the basis on which charges for the supply of electricity to franchise customers are to be calculated;

        (b)     any security to be provided by franchise customers for payment of any such charges;

        (c)     the standard of service to be provided to franchise customers by the retail supplier;

        (d)     the circumstances under which the supply of electricity to franchise customers may be discontinued;

        (e)     the procedures established by the retail supplier for handling enquiries and complaints made by franchise customers, and resolving disputes with franchise customers, in relation to matters arising under the contract;

        (f)     the estimation of electricity supplied otherwise than through an electricity meter or in circumstances in which an electricity meter fails to operate or fails to operate correctly;

        (g)     the rate at which electricity is to be taken to have been supplied between consecutive meter readings; and

        (h)     such other matters as are prescribed.

(2) A standard form customer supply contract shall—

        (a)     state that this Act confers powers, duties, rights and obligations on the retail supplier and franchise customers; and

        (b)     briefly describe the nature of those powers, duties, rights and obligations.

(3) A standard form customer supply contract shall comply with any conditions imposed on the retail supplier by its retail supplier's licence but is not unenforceable by reason only of a failure to do so.

(4) A standard form customer supply contract shall not be inconsistent with this Act or the regulations and is unenforceable to the extent of any such inconsistency.

Effect of standard form customer supply contracts

32. (1) A standard form customer supply contract takes effect—

        (a)     on the day on which notice of its terms is first published in a daily newspaper circulating throughout the Territory; or

        (b)     on such later day as is specified in the notice.

(2) A notice under this section shall—

        (a)     specify the day on which the customer supply contract is to take effect; and

        (b)     include such other particulars as are prescribed.

(3) A notice under this section may be of general application or be limited in its application by reference to specified exceptions or factors.

(4) A standard form customer supply contract does not have effect in respect of any period before the day specified in the relevant notice as the day on or after which the contract is to take effect.

(5) On the day on which a customer applies to a retail supplier for the supply of electricity, the customer and the retail supplier are taken to have entered into an agreement for the provision of electricity on the conditions set out in the relevant standard form customer supply contract, and the contract is enforceable accordingly.

Amendment of standard form customer supply contracts

33. (1) A retail supplier may amend a standard form customer supply contract to vary the terms on which it supplies electricity to franchise customers.

(2) This Division applies to an amendment of a standard form customer supply contract in the same way as it applies to a standard form customer supply contract.

Division 3—Negotiated customer supply contracts

Negotiated customer supply contracts

34. (1) This section applies to—

        (a)     customer supply contracts for non-franchise customers; and

        (b)     customer supply contracts for franchise customers where the retail supplier and the franchise customer agree for electricity to be supplied otherwise than under any of the retail supplier's standard form customer supply contracts.

(2) A customer supply contract to which this section applies may contain such terms as the retail supplier and customer may agree and the contract is enforceable accordingly.

(3) A negotiated customer supply contract shall comply with any conditions imposed on the retail supplier by its retail supplier's licence but is not unenforceable by reason only of a failure to do so.

(4) A negotiated customer supply contract shall not be inconsistent with this Act or the regulations and is unenforceable to the extent of any such inconsistency.

Review of decisions of the Minister



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