Victorian Consolidated Legislation

Electricity Industry Act 2000 - SECT 49E

Tariffs, terms and conditions for electricity supply following trigger event

49E. Tariffs, terms and conditions for electricity supply following trigger
event



(1) This section applies if a trigger event occurs.

(2) The tariffs and terms and conditions upon which a supplier of last resort
will supply or sell electricity to relevant customers of a defaulting licensee
are-

   (a)  the tariffs and terms and conditions approved by the Commission after
        proposed tariffs, terms and conditions have been submitted by that
        supplier for approval; or





   (b)  if-

   (i)  the supplier has submitted tariffs, terms and conditions for approval
        and any changes proposed by the Commission are not adopted by the
        supplier within one month after being proposed; or

   (ii) if the supplier, after being given at least one month's notice to
        submit proposed tariffs, terms and conditions to the Commission, fails
        to comply with the request- the tariffs, terms and conditions
        specified by the Commission as the approved tariffs, terms and
        conditions.

(3) The supplier of last resort or, if the Commission specifies the tariffs
and terms and conditions, the Commission, must cause notice of the approved
tariffs, terms and conditions to be published in the Government Gazette.

(4) The tariffs and terms and conditions of which notice has been published in
accordance with subsection (3) are binding on the supplier of last resort and
the relevant customers to which they apply and, when the supplier of last
resort is acting in accordance with those tariffs, terms and conditions, they
have effect despite any agreement or instrument to the contrary relating to
the distribution or supply, or sale, of electricity to relevant customers.

(5) A supplier of last resort and a relevant customer to whom the supplier of
last resort has an obligation under section 49D(5) to supply or sell
electricity are deemed to have entered into a contract on the relevant
tariffs, terms and conditions published under subsection (3).

(6) The terms and conditions of a requirement referred to in section 49D(1)
may include a condition setting out circumstances in which a licensee must
continue to supply or sell electricity to a relevant customer to whom the
supplier of last resort supplies or sells electricity under an obligation
under section 49D(5) after that obligation comes to an end in accordance with
section 49D(6)(a).

(7) A condition referred to in subsection (6) must provide for the tariff or
tariffs and the terms and conditions for the continued supply or sale of
electricity to be determined by the supplier of last resort.