New South Wales Consolidated Regulations

ELECTRICITY SUPPLY (GENERAL) REGULATION 2001 - REG 73BA

73BA Circumstances in which person is taken to be a large customer

(1) For the purposes of section 97BB (2) (d) of the Act, a customer or a related entity of a customer is taken to be a large customer if:

(a) the amounts of electricity required to be used for the purposes of the definition of "large customer" in section 97AB of the Act, as measured from the point of consumption, are used by the customer or the related entity of a customer (whether on the customer’s or related entity’s own account or together with one or more other such customers as are related entities) in the year preceding the making of the election to be an elective participant, or

(b) the Tribunal is satisfied that the customer or related entity (as the case may require) is likely to use the required amounts of electricity in the year in which the election is to have effect (whether the customer or related entity is likely to do so on its own account or together with one or more other such customers as are related entities).

(2) For the purposes of section 97BB (2) (d) of the Act, a customer or a related entity of a customer is taken to be a large customer who uses electricity at more than one site in this State if:

(a) subsection (1) applies to the customer or related entity (as the case may require), and

(b) each site is owned or occupied:

(i) by either the customer or one of the other customers referred to in subclause (1) (a) and (b), or

(ii) by the related entity,

as the case may require.

(3) In this clause, "related entity of a customer" means a related entity referred to in paragraph (b) of the definition of "large customer" in section 97AB of the Act.