South Australian Current Regulations South Australian Current Regulations5—Interpretation of certain terms used in Act
(1) For the
purposes of the definition of "annual gas consumption level" in section 4
of the Act, the following provisions apply to the determination of a
customer's annual gas consumption level:
(a) the
customer's annual gas consumption level is to be determined for each metered
delivery point through which the customer has or seeks gas supply under a
retail contract;
(b) if
the customer has been entitled under a retail contract to gas supply through
the delivery point for the 12 months immediately preceding
the relevant day, the customer's annual gas consumption level for the delivery
point is—
(i)
the actual gas supply, expressed in terajoules, through
the delivery point for that 12 month period as measured by the meter at
the delivery point; or
(ii)
if the measurement of the gas supply by the meter has
been significantly affected by inaccuracies during that 12 month
period—the estimated gas supply, expressed in terajoules, through the
delivery point for the 12 months immediately following the relevant day;
(c) if
the customer has not been entitled under a retail contract to gas supply
through the delivery point for the 12 months immediately preceding
the relevant day, the customer's annual gas consumption level for the delivery
point is the estimated gas supply, expressed in terajoules, through the
delivery point for the 12 months immediately following the relevant day;
(d) an
estimate is to be made for the purposes of paragraph (b) or (c) taking
into account relevant past gas consumption levels, the gas consumption level
of plant and equipment to use gas delivered through the delivery point, the
operations for which gas is required to be supplied through the delivery point
and other relevant factors;
(e) the
determination of the actual or estimated gas supply through the delivery point
may be by agreement between the customer and the gas entity or, failing such
agreement, will be a matter for the decision of the Commission on application
to the Commission by the customer or the entity;
(f) a
determination under this regulation of the customer's annual gas
consumption level for the delivery point continues in operation from the
relevant day until—
(i)
the customer ceases to be entitled to gas supply through
the delivery point under a retail contract with the gas entity; or
(ii)
a subsequent determination is made under this regulation
of the customer's annual gas consumption level for the delivery point,
whichever first occurs;
(g) at
least 12 months must elapse from the relevant day before a subsequent
determination is made under this regulation of the customer's annual
gas consumption level for the delivery point.
(2) In
subregulation (1)—
"the relevant day", in relation to the determination of the customer's
annual gas consumption level for the delivery point, means—
(a) the
day on which the determination is made; or
(b) if
some earlier or later day is agreed to by the customer and the gas entity, or
is decided on by the Commission, as the relevant day for the purposes of the
determination—that day.
(3) For the purposes
of the definition of "distribution system in section 4 of the Act,
prescribed transmission pipelines are declared to form part of a distribution
system.
(4) For the purposes
of the definition of the term in section 4 of the Act, "gas" does not
include gas that has not been processed to make it suitable for general
consumption.
(5) For the purposes
of the definition of "retailing" in section 4 of the Act, retailing does
not include—
(a) a
customer charging for the supply of gas if the charge forms an unspecified
part of rent or charges for the occupation or use of premises; or
(b) a
customer charging for the supply of gas if—
(i)
the charge is a specified amount for gas supplied by the
customer to another person during a period through an inset distribution
system; and
(ii)
the charge does not exceed an amount determined as
follows:
where—
"A" is the amount to be determined;
"B" is the cost to the customer of the gas supplied to the inset distribution
system during the period;
"C" is the quantity of gas drawn from the system by the other person during
the period (or a reasonable estimate of the quantity);
"D" is the total quantity of gas drawn from the system during the period; and
(iii)
the customer gives the other person, when charging the
other for the supply of gas, written notice of—
(A) the cost to the customer of the gas
supplied to the inset distribution system during the period; and
(B) the quantity of gas drawn from the
system by the other person during the period (or if the quantity is estimated,
the quantity estimated and the basis of the estimate).
(6) For the purposes
of the definition of "small customer" in section 4 of the Act, each
customer whose annual gas consumption level for a delivery point is less than
1 terajoule is classified as a small customer in relation to gas supply
to the customer through the delivery point.