South Australian Current Regulations South Australian Current Regulations35—Provisions relating to default contracts
(1) If a person
receives gas supply through a metered delivery point otherwise than under a
retail contract—
(a) that
person; and
(b) the
gas entity that was last a party to a retail contract in relation to that
delivery point,
become parties to a default contract in relation to that delivery point for
the purposes of section 34B(2) of the Act.
(2)
Subregulation (1) does not apply in relation to a metered delivery point
situated within an excluded area.
(3) The default
contract continues until—
(a) the
customer becomes a party to a market contract or standing contract (whether
with the same entity or some other gas entity) in relation to the delivery
point; or
(b) some
other person becomes a party to a retail contract in relation to the delivery
point; or
(c) the
occurrence of an event of a kind determined by the Commission.
(4) On the gas entity
becoming aware that it has become a party to the default contract, the entity
must, within 5 business days, give the customer a written notice setting
out the terms and conditions of the default contract and describing, in
general terms, the other contractual options that may be available to the
customer for the purchase of gas.
(5) The gas entity
must, in giving notice under subregulation (4), comply with any
requirements imposed by a code made by the Commission under the
Essential Services Commission Act 2002 , relating to the contents of the
notice or the manner in which the notice is to be given.
(6) For the purposes
of paragraph (b) of the definition of
"default contract price" in section 34B(3) of the Act, the prescribed
period is—
(a) if
the price fixed as the default contract price by the entity by the notice
referred to in that paragraph is the same as the price that will be in force
as the standing contract price (whether or not for the same entity)
14 days from the date of publication of that notice—14 days;
or
(b) in
any other case—28 days.