New South Wales Consolidated Regulations

ELECTRICITY SUPPLY (GENERAL) REGULATION 2001 - REG 64

64 Commencement of discontinuance procedures by retailer of last resort

(1) A retailer of last resort is authorised to discontinue the supply of electricity under an exempt last resort arrangement only if a period of three months has elapsed since the commencement of the last resort supply arrangements or if the person who owns or occupies the premises:

(a) has failed to provide any security required by the retailer for the payment of any charge, or

(b) has failed to pay an amount due to the retailer with respect to the supply of electricity or connection services arranged by the retailer, or

(c) has refused or failed to give an authorised officer access to any premises supplied with electricity by the retailer in accordance with any right to access provided for in the Act or this Regulation, or

(d) has obstructed the authorised person in relation to any act, matter or thing done or to be done in carrying out any function under the Act or this Regulation.

(2) A retailer of last resort must not discontinue the supply of electricity to premises on a ground referred to in subclause (1) (a)-(d) unless the retailer has:

(a) in the case of premises owned or occupied by a small retail customer, complied with the requirements of the terms and conditions applicable to the supply of electricity under the last resort supply arrangements and this Regulation, or

(b) in any other case, given the person reasonable notice of its intention to discontinue supply to the premises to allow the customer a reasonable opportunity to remedy that ground.

(3) A retailer of last resort must not discontinue the supply of electricity to premises on the ground that a period of three months has elapsed since the commencement of the last resort supply arrangements unless the retailer has given the customer reasonable notice of its intention to discontinue supply to the premises to allow the customer a reasonable opportunity to enter into a customer supply contract.

(4) Nothing in this clause affects the right to interrupt continuous supply as agreed in a customer supply contract.

(5) Nothing in this clause affects any right or obligation to refuse to supply, or to discontinue supply, arising from the operation of the Electricity Supply (Safety and Network Management) Regulation 2002 or Electricity (Consumer Safety) Act 2004 .