Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 40B

Compensation for wrongful disconnection

40B. Compensation for wrongful disconnection



(1) Without limiting the generality of section 20(2) or (3) or section 21, the
conditions to which a licence to sell electricity is subject include a
condition requiring the licensee to make a payment of the prescribed amount to
a relevant customer in accordance with this section if the licensee-

   (a)  disconnects the supply of electricity to the premises of that
        customer; and

   (b)  fails to comply with the terms and conditions of the contract
        specifying the circumstances in which the supply of electricity to
        those premises may be disconnected.

(2) A payment under a condition under subsection (1) may be made directly to
the customer or by way of rebate on the customer's electricity bill.

(3) A payment under a condition under subsection (1) must be made as soon as
practicable after the supply of electricity is reconnected to the premises of
the relevant customer.

(4) Nothing in this section affects any other right any person or body may
have to take action against a licensee in relation to a disconnection of a
supply of electricity.

(5) In this section-

prescribed amount means-

   (a)  the amount prescribed by the regulations for the purposes of this
        section; or

   (b)  if no amount is prescribed by the regulations, $250 for each whole day
        that the supply of electricity is disconnected and a pro rata amount
        for any part of a day that the supply of electricity is disconnected;
        relevant customer has the same meaning as in section 36.