New South Wales Consolidated Acts

ENERGY SERVICES CORPORATIONS ACT 1995 - SECT 9B

9B Directions affecting commercial interests of energy distributors

(1) An energy distributor is not entitled to be reimbursed under section 20N of the State Owned Corporations Act 1989 in connection with compliance with a direction under that section that is not in the commercial interests of the energy distributor if the direction is in the combined commercial interests of energy distributors.

(2) If the direction is not in the combined commercial interests of energy distributors, any amount that the energy distributor is entitled to be reimbursed in connection with compliance with the direction is to be reduced by the amount of the net benefit accruing to any other energy distributor as a result of compliance with the direction.

(3) A direction is considered to be in the combined commercial interests of energy distributors if the joint board of the energy distributors considers that compliance with the direction would be in the commercial interests of a single enterprise that comprised the individual businesses of the energy distributors being operated as part of that single enterprise.