New South Wales Consolidated Regulations

GAS SUPPLY (NATURAL GAS RETAIL COMPETITION) REGULATION 2001 - REG 56

56 Discontinuance of supply under new occupant supply arrangements

(1) A supplier may discontinue the supply of gas under a new occupant supply arrangement only if at least one month has elapsed since the commencement of the arrangement, or the new occupant has commenced to receive supply under a customer supply contract with another supplier, or if the new occupant:

(a) has failed to provide any security required by the supplier for the payment of any charge with respect to the supply of gas, or

(b) has failed to pay an amount due to the supplier with respect to the supply of gas, or

(c) has failed to give an inspector access to any premises supplied with gas by the supplier in accordance with any right to access provided for in the Act or under any other regulation made under the Act, or

(d) has obstructed an inspector in relation to any act, matter or thing done or to be done in carrying out any function under the Act or under any other regulation made under the Act.

(2) A supplier that is supplying gas under a new occupant supply arrangement and that is notified by the new occupant that the new occupant has entered into a customer supply contract with another supplier may not discontinue supply under subsection (1) (other than in the circumstances set out in subsection (1) (a)-(d)) unless the new occupant has commenced to receive supply under that contract.

(3) A supplier must not discontinue the supply of gas to premises on a ground referred to in subclause (1) unless the supplier 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) A supplier must not discontinue the supply of gas to premises on the ground that at least one month has elapsed since the commencement of the gas supply arrangement unless the supplier 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) Nothing in this clause affects any right or obligation to refuse to supply gas, or to discontinue the supply of gas, to premises arising from the operation of the Act or any other regulation made under the Act.

(6) A supplier that contravenes this section is guilty of an offence.

Maximum penalty: 100 penalty units.