New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 34

34 Right to supply of electricity from standard retail supplier for all customers

(1) All persons who own or occupy premises that are within a standard retail supplier’s supply district, and that are connected or have a right under section 15 to apply to be connected to a distribution system, may apply to the standard retail supplier to be supplied with electricity at those premises under a negotiated customer supply contract.

(2) Such of those persons as are small retail customers have a right to elect to be supplied with electricity at those premises by the standard retail supplier under a standard form customer supply contract instead of under a negotiated customer supply contract.

(3) An application or election may be made by any other person on behalf of the person entitled to make the application or election.

(4) If a person who has a right under this section to do so makes an application to a standard retail supplier, the standard retail supplier is under an obligation:

(a) to supply electricity to the applicant’s premises under a negotiated customer supply contract or to ensure that electricity is so supplied, or

(b) in the case of any customer who is a small retail customer and who elects under this section to be supplied under a standard form customer supply contract, to supply electricity to the customer’s premises under such a contract or to ensure that electricity is so supplied.

(5) If a small retail customer who has a right under this section to do so makes an application to a standard retail supplier, the standard retail supplier is under an obligation to arrange, on behalf of the customer, for customer connection services to be provided to the premises concerned.

(6) The right that a person has under this section to be supplied electricity to premises is subject to:

(a) any provision of this Act or the regulations that authorises the refusal, suspension or discontinuance of the supply of electricity, and

(b) the maximum capacity of the connection of the premises to the distribution system.

(7) It is a condition of a licence held by a standard retail supplier that the retail supplier must fulfil the obligations imposed on the retail supplier by this section.

(8) The regulations may make provision for or with respect to elections referred to in this section, including provisions for or with respect to circumstances in which an election is or may be taken to have occurred.