New South Wales Consolidated Regulations

ELECTRICITY SUPPLY (GENERAL) REGULATION 2001 - REG 72

72 Conditions for exemptions relating to new occupants of premises

(1) The exemption of a person (the "exempt person") from a provision of the Act under clause 68 (2) (e) is subject to the condition that the exempt person must comply with this clause.

(2) An exempt person is authorised to discontinue the supply of electricity only if one month has elapsed since the commencement of the electricity supply arrangement or if the person to whom electricity is supplied under the arrangement (the "new occupant"):

(a) has failed to provide any security required by the exempt person for the payment of any charge with respect to the supply of electricity or connection services arranged by the supplier, or

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

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

(3) An exempt person must not discontinue the supply of electricity to premises on a ground referred to in subclause (2) (a)-(d) unless the exempt person has given the new occupant reasonable notice of its intention to discontinue supply to the premises to allow the new occupant a reasonable opportunity to remedy that ground.

(4) An exempt person must not discontinue the supply of electricity to premises on the ground that one month has elapsed since the commencement of the electricity supply arrangement unless the exempt person has given the new occupant notice under clause 11 and has also given the new occupant a reasonable opportunity to enter into a customer supply contract.

(5) An exempt person who becomes aware that electricity is being supplied to a person other than a customer must supply electricity under an electricity supply arrangement at the lowest of the following:

(a) the charges that applied in respect of electricity supplied to the premises immediately before the commencement of the arrangement,

(b) any applicable published charges in force immediately before that commencement or, if there are no published charges in force, the amount that the standard retail supplier in whose supply district the premises are located would have charged under a standard form customer supply contract for that supply during that period.

(6) Nothing in this clause affects the right to interrupt continuous supply as agreed in the electricity supply arrangement.

(7) 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 .

(8) In this clause:
"published charges" means the charges published in a newspaper circulating generally in this State, being charges applying generally to the supply of electricity to small retail customers.