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STATUTES AMENDMENT (NATIONAL ENERGY RETAIL LAW) ACT 2011 (NO 7 OF 2011) - SECT 5

5—Amendment of section 2—Definitions

        (1)         Section 2, definition of "additional Minister initiated Rules —delete "section 90B or section 90C" and substitute:

90B, 90C or 90D

        (2)         Section 2—insert the following definitions in alphabetical order:

"civil penalty" means—

            (a)         in the case of a breach of a civil penalty provision (other than a rebidding civil penalty provision) by—

                  (i)         a natural person—

                        (A)         an amount not exceeding $20 000; and

                        (B)         an amount not exceeding $2 000 for every day during which the breach continues; or

                  (ii)         a body corporate—

                        (A)         an amount not exceeding $100 000; and

                        (B)         an amount not exceeding $10 000 for every day during which the breach continues; or

            (b)         in the case of a breach of a rebidding civil penalty provision by any person—

                  (i)         an amount not exceeding $1 000 000; and

                  (ii)         an amount not exceeding $50 000 for every day during which the breach continues;

"civil penalty provision"—see section 2AA(1);

"conduct provision"—see section 2AA(2);

"connection service" means a connection service within the meaning of the Rules;

"energy ombudsman" has the same meaning as in the National Energy Retail Law ;

"National Energy Retail Law" means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia;

"National Energy Retail Rules" has the same meaning as in the National Energy Retail Law ;

"National Gas Law" means the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia;

"National Gas Rules" has the same meaning as in the National Gas Law ;

"rebidding civil penalty provision" means a provision of the Rules that is prescribed by the Regulations to be a rebidding civil penalty provision;

"retail customer" means a person to whom electricity is sold by a retailer, and supplied in respect of connection points, for the premises of the person, and includes a person (or a person who is of a class of persons) prescribed by the Rules for the purposes of this definition;

"retailer" means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of electricity;

"Rule dispute" means a dispute between persons in relation to a matter or thing arising under the Rules in respect of which the Rules provide that the dispute must be resolved in accordance with the Rules;

        (3)         Section 2, definition of "end user"—delete the definition and substitute:

"end user" means a person who acquires electricity for consumption purposes, and includes a retail customer;

        (4)         Section 2, definitions of "recognised energy industry ombudsman" and "relevant participant"—delete the definitions

        (5)         Section 2—after its present contents (now to be designated as subsection (1)) insert:

        (2)         A reference in this Law to an end user includes a reference to a prospective end user.



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