Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 35

Offer to domestic or small business customers (licensee standing offers)

35. Offer to domestic or small business customers (licensee standing offers)



(1) Without limiting the generality of section 20(2) or (3) or section 21, the
conditions to which a licence to sell electricity, being a licence under which
electricity may be sold to domestic or small business customers, is subject,
include a condition requiring the licensee to offer to supply and sell
electricity to domestic or small business customers, subject to this section
and to any Order in force under section 13 and to the conditions of its
licence-

   (a)  at tariffs determined by the licensee and published by the licensee in
        the Government Gazette at least one month before they take effect; and

   (b)  on terms and conditions determined by the licensee and approved by the
        Commission and published by the licensee in the Government Gazette at
        least one month before they take effect.

(2) The terms and conditions determined by the licensee for the purposes of
subsection (1) must not be inconsistent with the terms and conditions decided
by the Commission under section 36(1).



(3) Subject to subsection (3A), the tariffs determined by a licensee and
published in the Government Gazette under subsection (1) may be varied by
notice published by the licensee in the Government Gazette not less than one
month before the variation is to take effect.

(3A) A licensee must not vary tariffs under subsection (3) that have been in
effect for less than 6 months.



(4) The terms and conditions determined by a licensee and published in the
Government Gazette under subsection (1) may, with the approval of the
Commission, be varied by notice published by the licensee in the Government
Gazette not less than one month before the variation is to take effect.

(4A) A person who is a domestic or small business customer may accept an offer
by a licensee under this section even if the person was previously a party to
a contract for the supply or sale of electricity on different terms and
conditions with the same licensee or another licensee.

(5) The Governor in Council may, by Order published in the Government Gazette,
declare that a person or class of persons specified in the Order is, for the
purposes of this section, a domestic or small business customer or class of
domestic or small business customers.

(6) An Order under subsection (5) may specify a class of persons by reference
to all or any of the following-

   (a)  the person authorised to sell the electricity;

   (b)  the purpose for which the electricity is used;

   (c)  the quantity of electricity used;

   (d)  the period of use;

   (e)  the place of supply;

   (f)  any other specified factor relevant to the sale of electricity.

(7) An Order under subsection (5) may confer powers and functions on, and
leave any matter to be decided by, the Commission.



(7A) If an agreement for the sale and supply of electricity is amended as a
result of a variation under subsection (3) or (4) and-

   (a)  the agreement is a contact sales agreement within the meaning of the
        Fair Trading Act 1999, section 61(1)(g) of that Act does not apply to
        that amendment; or

   (b)  the agreement is a telephone marketing agreement within the meaning of
        the Fair Trading Act 1999, section 67E(3)(c) of that Act does not
        apply to that amendment.

(7B) Sections 67E(1) and 67I to 67M of the Fair Trading Act 1999 do not apply
to a contract for the supply or sale of electricity to a domestic or small
business customer.

(7C) Section 67H of the Fair Trading Act 1999 does not apply to a contract for
the supply or sale of electricity to a domestic or small business customer
unless the terms and conditions determined for the purpose of subsection (1)
(in compliance with subsection (2)) require the inclusion of a cooling-off
period in that contract.

(7D) If section 67H(1) of the Fair Trading Act 1999 applies to a contract for
the supply or sale of electricity to a domestic or small business customer
then, for the purposes of that subsection, the domestic or small business
customer is deemed to have received the document evidencing the contract and
the notice on the day on which the licensee is taken under that contract to
have given the document and notice to the customer.

(8) In this section-

cooling-off period means a period within which a person is entitled under a
contract to cancel the contract.





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