South Australian Numbered Acts South Australian Numbered Acts25—Licence conditions
(1) The Commission must make a licence subject to conditions determined by the Commission—
(a) requiring compliance with applicable codes or rules made under the Essential Services Commission Act 2002 as in force from time to time; and
(b) requiring the water industry entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 ) relating to the following matters with respect to designated customers, or designated classes of customers:
(i) standard contractual terms and conditions to apply to the sale or supply (or the sale and supply) of designated services;
(ii) minimum standards of service that take into account relevant national benchmarks developed from time to time;
(iii) limitations on the grounds on which the supply of designated services may be discontinued or disconnected;
(iv) the processes to be followed before designated services are discontinued or disconnected; and
(c) requiring the water industry entity, at the request of a designated customer, to provide designated services at the water industry entity's standard contract price and subject to the water industry entity's standard contractual terms and conditions; and
(d) requiring the water industry entity to comply with code provisions as in force from time to time (which the Commission must make under the Essential Services Commission Act 2002 on or before a prescribed date) relating to the provision of pricing information to designated customers, or designated classes of customers; and
(e) requiring the water industry entity to include in each account for services provided to designated customers, or customers of a designated class, information prescribed by the regulations; and
(f) requiring the water industry entity to maintain specified accounting records and to prepare accounts according to specified principles; and
(g) requiring a specified process to be followed to resolve disputes between the water industry entity and its customers; and
(h) if the water industry entity provides designated services to designated customers, or designated classes of customers, requiring the water industry entity to participate in an ombudsman scheme determined or approved by the Commission; and
(i) requiring the water industry entity to monitor and report as required by the Commission on indicators of service performance determined by the Commission; and
(j) relating to the water industry entity's financial or other capacity to provide services or to continue operations or activities under the licence; and
(k) requiring the water industry entity to maintain specified kinds and levels of insurance; and
(l) requiring the water industry entity to have all or part of the services, operations or activities authorised by the licence audited and to report the results of the audit to the Commission; and
(m) requiring the water industry entity to notify the Commission about changes to officers and, if applicable, major shareholders of the entity; and
(n) requiring the water industry entity to provide, in the manner and form determined by the Commission, such other information as the Commission may from time to time require; and
(o) requiring the water industry entity to comply with the requirements of any scheme approved and funded by the Minister for the provision by the State of customer concessions or the performance of community service obligations by water industry entities; and
(p) requiring the water industry entity to comply with the requirements of any scheme approved and funded by the Minister for the purposes of providing specified exemptions from the requirement to pay for the provision of specified services.
(2) The Commission must, in acting under subsection (1), have regard to the scale and nature of the operations of the water industry entity (with the scale and nature being determined by the Commission after consultation with the entity or a person or body nominated by the entity).
(3) The Commission must make a licence subject to further conditions that the Commission is required by regulation to impose on the issue of such a licence.
(4) The Commission may make a licence subject to further conditions considered appropriate by the Commission.
(5) A code or set of rules under subsection (1)(a) must include provisions to assist customers who may be suffering specified types of hardship relevant to the supply of any services (being provisions that comply with any direction of the Minister and that will apply under the code or rules despite any provision made by the Essential Services Commission Act 2002 ).
(6) The Commission must provide to the Minister any information that the Minister requires for the purposes of the administration of a scheme—
(a) for the provision by the State of customer concessions, or the performance of community service obligations, relating to the sale or supply of water or the sale or supply of sewerage services; or
(b) for the provision of exemptions from the requirement to pay for the provision of various services.
(7) For the purposes of this section, the Minister may—
(a) by notice in the Gazette, designate various services;
(b) by further notice in the Gazette, vary or revoke a previous notice under paragraph (a).