New South Wales Consolidated Acts

WATER INDUSTRY COMPETITION ACT 2006 - SECT 57

57 Effect of declaration of supply failure

(1) Subject to the regulations and the terms of the order:

(a) the licensed retail supplier, on being served with such an order, must cease supplying water or providing sewerage services to those customers specified by the order, and

(b) a retailer of last resort, on being served with such an order, must commence supplying water or providing sewerage services to such of those customers as are within the area in respect of which it is the retailer of last resort, and

(c) those customers become, in relation to the supply of water or the provision of sewerage services, the customers of the relevant retailer of last resort.

(2) In the case of a retailer of last resort that is a licensed retail supplier, compliance with such an order is a condition of the retail supplier’s licence.

(3) Each such customer and the relevant retailer of last resort are taken to have entered into a special circumstances contract in such terms as are prescribed by the regulations for the purposes of this section.

(4) Subsection (3) does not apply in circumstances in which section 36 (4) of the Hunter Water Act 1991 , section 553A (2) of the Local Government Act 1993 or section 55 (3B) of the Sydney Water Act 1994 applies.