New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 42C

42C Regulations may make provision for passing through of Fund contributions to retail customers

(1) The regulations may make provision for or with respect to requiring or permitting any retail supplier to recover from its retail customers:

(a) if the retail supplier is also a distribution network service provider-the cost of any Fund contributions it has made in its capacity as a distribution network service provider, or

(b) if the retail supplier is not a distribution network service provider-the cost of any Fund contributions made by a distribution network service provider that has been passed through to the retail supplier by the provider.

(2) Without limiting subsection (1), the regulations may make provision for or with respect to any of the following matters:

(a) the conferral or imposition of functions on the Tribunal with respect to the determination of amounts of the kind referred to in subsection (1) that may be recovered by retail suppliers from their retail customers (including applying provisions of Division 5 or the Independent Pricing and Regulatory Tribunal Act 1992 (or both) with such modifications, if any, as may be prescribed),

(b) the imposition of conditions on the licences of retail suppliers with respect to the recovery of amounts of the kind referred to in subsection (1),

(c) the imposition or inclusion of conditions in customer supply contracts with respect to the recovery of amounts of the kind referred to in subsection (1).