Queensland Consolidated Acts

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ELECTRICITY ACT 1994 - SECT 40D

40D When connection obligation does not apply

(1) The connection obligation does not apply to a distribution entity in relation to a customer if--

(a) the customer's connection services application is for supply at a rate more than the maximum capacity of the connection to the entity's supply network; or
(b) the customer does not comply with a requirement of the entity to give any of the following--
(i) a reasonable advance payment for customer connection services;
(ii) a reasonable security or agreement for security for performing the customer's obligations to the entity;
(iii) a capital contribution towards the entity's costs incurred, or to be incurred, in extending or increasing the capacity of its supply network to provide the services; or
(c) after disconnecting supply under this Act or a connection contract, the entity is not reasonably satisfied the matter that caused the disconnection has been remedied, rectified or fixed; or
(d) for supply to premises for which there is an existing agreement with the entity for supply of electricity--
(i) the applicant does not agree on similar terms to those that apply for balance of the term of the existing agreement; and
(ii) the entity does not otherwise agree; or
(e) the customer does not provide and maintain space, equipment, access, facilities or anything else the customer must provide for the services, under this Act or a connection contract; or
Examples of anything else--
meters, substations, connection of service lines
(f) the customer is not a party to a retail contract with a retail entity under which the retail entity provides customer retail services to the customer's premises; or
(g) a regulation provides the obligation does not apply.

(2) Subsection (1)(b)(iii) does not apply if the customer pays or agrees to pay an amount to the distribution entity for works necessary to increase the maximum capacity to supply the customer at the rate the customer has applied for.

(3) The distribution entity must give the customer a reasonable opportunity to pay an amount mentioned in subsection (2).

(4) This section does not limit--

(a) the right to interrupt supply of electricity under a connection contract; or
(b) a right or obligation under a connection contract to disconnect premises, or refuse to connect or reconnect premises.


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