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ELECTRICITY LEGISLATION AMENDMENT ACT 2023 (NO 26 OF 2023) - SECT 4

Section 4 (Interpretation)

(1)     Section 4(1)

omit

, unless the contrary intention appears

(2)     Section 4(1), definitions access agreement", "contestable customer , large dedicated connection asset", "Network Access Code , non-contestable customer and small dedicated connection asset

omit

(3)     Section 4(1)

insert

"connection agreement" means a contract or agreement between a network provider and a network user who:

    (a)     is connected to the network provider's network; or

    (b)     receives network services from the network provider.

"consumer protection framework", for Part 3, Division 5A, see section 44A.

"designated network asset", see Chapter 10 of the National Electricity (NT) Rules, as in force from time to time.

"electricity pricing order", see section 44(1).

"electricity retailer" means an electricity entity that holds a licence under Part 3 authorising the retail selling of electricity.

"failed retailer" means an electricity retailer in respect of which the Utilities Commission has determined under section 44D to appoint the retailer of last resort to sell electricity to that retailer's customers.

"insolvency event", in relation to an electricity retailer, means any of the following:

    (a)     an insolvency official is appointed in respect of the electricity retailer or any property of the electricity retailer;

    (b)     an order is made by a court of competent jurisdiction for the winding up or dissolution of the electricity retailer;

    (c)     a resolution is passed for the winding up or dissolution of the electricity retailer, in accordance with the Bankruptcy Act 1996  (Cth) or Corporations Act 2001 (Cth).

"insolvency official" means a receiver, a receiver and manager, an administrator, a provisional liquidator, a liquidator, a trustee in bankruptcy or a person having a similar function.

"residential customer" means a customer who purchases or wishes to purchase electricity for domestic purposes for use at residential premises.

"Retail Code" means the Code made by the Utilities Commission under section 44B.

"retailer of last resort" means the RetailCorp as defined in section 3 of the Power Retail Corporation Act 2014 .

"retailer of last resort arrangements" means arrangements to plan for and respond to circumstances in which an electricity retailer ceases to be authorised, or is otherwise ineligible, to sell electricity.

"RoLR transfer event", in relation to an electricity retailer, means any of the following:

    (a)     the electricity retailer's licence under Part 3 is cancelled;

    (b)     the electricity retailer fails to meet a requirement under the Retail Code to provide credit support in respect of a payment to:

        (i)     the Power and Water Corporation; or

        (ii)     an entity that provides electricity generation;

    (c)     an insolvency event occurs in relation to the electricity retailer;

    (d)     any other event prescribed by regulation that occurs in relation to the electricity retailer.

"transfer date", in relation to the customers of a failed retailer, means the day determined by the Utilities Commission under section 44D(2).

(4)     Section 4(1), definition electricity entity

omit

(where the context requires)

(5)     Section 4(1), definition related body corporate , paragraphs (a) and (b)

omit (all references)

Corporations Act 2001

insert

Corporations Act 2001 (Cth)

(6)     Section 4(1), at the end

insert

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.



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