New South Wales Consolidated Regulations

GAS SUPPLY (NATURAL GAS RETAIL COMPETITION) REGULATION 2001 - REG 70

70 Last resort supply events

(1) The following events are last resort supply events:

(a) the Minister forms the opinion that a supplier has ceased or is likely to cease to supply gas to all, or a group of, its customers or is unable, or has failed or refused, to operate in the retail market,

(b) a supplier’s authorisation is cancelled.

(2) Without limiting subclause (1) (a), the Minister may form an opinion referred to in that paragraph if the supplier, or an administrator, receiver or liquidator appointed in respect of the supplier, notifies the Minister that the supplier has ceased, or is likely to cease, to continue to supply gas to its customers or is unable or has failed or refused to operate in the retail market.

(3) Without limiting subclause (1) (a), the Minister may form the opinion that a supplier is unable, or has failed or refused, to operate in the retail market if it is unable, or has failed or refused, to comply with the requirements for retail market business systems under the retail market business scheme of which the supplier is required to be a member.

(4) This clause does not apply if a supplier is temporarily unable to supply gas to its customers as a result of operational or technical difficulties in the delivery of gas.