Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 36

Terms and conditions of contracts for sale of electricity to certain customers

36. Terms and conditions of contracts for sale of electricity to certain
customers



(1) A term or condition in a contract for the supply or sale of electricity by
a licensee to a relevant customer (whether entered into before or after the
commencement of this section) is void to the extent that it is inconsistent
with-

   (a)  terms and conditions decided by the Commission that-

   (i)  specify the circumstances in which the supply of electricity to
        premises may be disconnected; and

   (ii) require the licensee to provide information specified by the
        Commission about the rights and entitlements of customers; and

   (iii) specify the circumstances in which the licensee requires access to
        premises of customers for the purpose of reading meters or otherwise;
        and

   (iv) make provision for confidentiality of customer information; and

   (b)  any other terms and conditions decided by the Commission and provided
        for in the licence of the licensee.



(1A) In deciding terms and conditions that specify the circumstances in which
the supply of electricity to premises may be disconnected, the Commission must
have regard to-

   (a)  the essential nature of the electricity supply; and

   (b)  community expectations that ongoing access to electricity supply will
        be available; and

   (c)  the principle that the electricity supply to premises should only be
        disconnected as a last resort.

(2) If a term or condition of a contract is void pursuant to subsection (1)
because of an inconsistency with a term or condition referred to in subsection
(1)(a) or (b), that term or condition referred to in subsection (1)(a) or (b)
is deemed to form part of that contract in place of the void term or
condition.





(3) 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 relevant customer or class of relevant customers.

(4) An Order under subsection (3) 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.

(5) An Order under subsection (3) may confer powers and functions on, and
leave any matter to be decided by, the Commission.



(5A) 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 relevant customer.

(5B) Section 67H of the Fair Trading Act 1999 does not apply to a contract for
the supply or sale of electricity to a relevant customer unless the terms and
conditions decided for the purpose of subsection (1) require the inclusion of
a cooling-off period in that contract.

(5C) If section 67H(1) of the Fair Trading Act 1999 applies to a contract for
the supply or sale of electricity to a relevant customer then, for the
purposes of that subsection, the relevant 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.

(6) In this section-

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

relevant customer means a person, or a member of a class of persons, to whom
an Order under subsection (3) applies.

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