Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 40A

Deemed distribution contracts

40A. Deemed distribution contracts



(1) A distribution company may from time to time, subject to the conditions of
its licence, give notice of terms and conditions applying in respect of the
distribution or supply of electricity by the distribution company to retail
customers or a class of retail customers.

(2) The terms and conditions must be approved by the Commission before a
notice is given under subsection (1).





(3) Unless the Commission approves otherwise in a particular case, the terms
and conditions must not be inconsistent with the Electricity Distribution Code
published by the Office of the Regulator-General in January 2001 as amended or
remade from time to time.

(4) The approved terms and conditions of which notice is given under this
section-

   (a)  take effect on the day on which they are published in the Government
        Gazette; and

   (b)  are binding on the distribution company and the retail customers to
        which they are expressed to apply.

(5) A distribution company and a retail customer are deemed to have entered
into a contract on the terms and conditions published under subsection (4) on
a date determined in accordance with those terms and conditions.

(6) A distribution company may from time to time vary any terms and conditions
of which notice is given under this section.

(7) This section applies to a variation under subsection (6) in the same
manner as it applies to the making, approval and notification of the terms and
conditions.

(8) A distribution company, subject to the conditions of its licence, and a
retail customer may by agreement in writing vary any of the terms and
conditions of a deemed contract under subsection (5).

(9) A deemed contract under subsection (5) may be terminated in accordance
with its terms and conditions.

(10) Nothing in this section affects any contract existing immediately before
the commencement of section 5 of the Electricity Industry Acts (Further
Amendment) Act 2001 between a distribution company and a retail customer.

(11) In this section retail customer in relation to a distribution company
means a customer of a retailer to which the distribution company distributes
or supplies electricity.