New South Wales Consolidated Regulations

ELECTRICITY SUPPLY (GENERAL) REGULATION 2001 - REG 68

68 Exemptions from sec 179

(1) The object of this clause is to exempt certain electricity supply arrangements from a provision of the Act that renders an electricity supply arrangement unenforceable unless the arrangement was authorised by a licence when it was entered into.

(2) The following electricity supply arrangements are exempt from the operation of section 179 of the Act:

(a) any arrangement for the supply of electricity generated by means of one or more generating systems which together supply electricity to a transmission or distribution system (through a single connection point or through an electrically common point) at a rate of 30 megawatts or less, but only if any distribution system along which the electricity is conveyed is owned or controlled by a person who holds (or is exempt from holding) a service provider’s licence,

(b) any arrangement under which electricity that has initially been supplied by a licensed supplier is resupplied to some other person (otherwise than in contravention of section 72 (1) of the Act),

(c) any arrangement under which a person buys, sells or otherwise deals with rights to the supply of electricity arising under an arrangement referred to in paragraph (b),

(d) any arrangement under which a landlord supplies electricity to a tenant as referred to in section 72 (3) of the Act,

(e) any arrangement taken to have been entered into under subclause (3),

(f) an arrangement under which electricity is supplied to a person by a retailer of last resort, but only if the electricity is supplied in accordance with Part 7 and the applicable last resort supply arrangements,

(g) an arrangement under which electricity is supplied by Ergon Energy Queensland Pty Ltd to a person in respect of premises in the Tenterfield Local Government area.

(3) A licensed supplier, is for the purposes of this Regulation, taken to have entered into an electricity supply arrangement with a person occupying premises (not being a customer under a customer supply contract) if:

(a) the supplier supplies electricity to the premises, and

(b) the premises are no longer occupied by the customer under the relevant customer supply contract applicable to those premises.

Note: Clauses 70, 71 and 72 contain other conditions applicable to the exemptions in this clause.

(4) For the purposes of this Regulation, an electricity supply arrangement subject to an exemption under subclause (2) (e) or (f) is taken to have commenced on the date that electricity commenced to be supplied to the person subject to the arrangement.