Northern Territory Numbered Regulations

ELECTRICITY REFORM (ADMINISTRATION) AMENDMENT REGULATIONS 2005 (NO 35 OF 2005) - REG 5

After regulation 6 –

insert

6A.     Ceasing to be contestable customer

    Subject to these Regulations, a customer ceases to be classified as a contestable customer if the customer's consumption for the site to which the classification relates falls below, or never exceeds, the minimum consumption as specified in column 2 of the Schedule and the customer's consumption for the site is expected to remain below, or to not exceed, that level for the foreseeable future.

6B.     Contestable customer may apply for declaration

    (1)     A customer who is classified as a contestable customer may apply to the relevant entity for a declaration that regulation 6A applies to the customer.

    (2)     On receiving the application, the relevant entity must make the declaration if it is satisfied that regulation 6A applies to the customer.

    (3)     The relevant entity must notify the customer in writing of its decision not later than 30 days after the application is made.

    (4)     If the relevant entity refuses to make a declaration under subregulation (2), the notice under subregulation (3) must state –

    (a)     the reasons for not making the declaration; and

    (b)     that the customer may apply to the Utilities Commission for it to determine whether the customer should cease to be classified as a contestable customer.

(5)     A customer ceases to be classified as a contestable customer on a declaration being made under subregulation (2).

    (6)     This regulation does not prevent –

    (a)     a customer who ceases to be classified as a contestable customer from subsequently being classified as a contestable customer; or

    (b)     a customer from re-applying under subregulation (1).

6C.     Review of relevant entity's decision by Utilities Commission

    (1)     A customer whose application under regulation 6B is refused may apply to the Utilities Commission for it to revoke the classification of the customer as a contestable customer.

    (2)     The Utilities Commission may revoke the classification of the customer as a contestable customer –

    (a)     if the Utilities Commission is satisfied that –

            (i)     regulation 6A applies to the customer; and

            (ii)     the customer has not sought to contrive any reduction in consumption for the site to which the classification relates in order to seek revocation of the classification; or

    (b)     for any reason, consistent with the objects of the Act, that the Utilities Commission thinks fit.

    (3)     The Utilities Commission must notify the relevant entity and the customer of its decision not later than 30 days after the date of the application under subregulation (1).