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.