AustLII Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ELECTRICITY REFORM (IMPLEMENTATION) ACT 2013 (NO. 5 OF 2013) - SECT 10

Sections 38A , 38B and 38C inserted

After section 38 of the Principal Act , the following sections are inserted in Subdivision 1:

38A.     Transitional provisions in relation to retail sales

(1)  A person must not, in the period commencing on 1 January 2014 and ending immediately before 1 April 2014, sell electricity to a transitional customer at premises situated on mainland Tasmania, unless the person is a designated retailer, within the meaning of the National Energy Retail Law (Tasmania), in respect of the premises.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 1 000 penalty units; or
(b) an individual, a fine not exceeding 200 penalty units.
(2)  A person must not, in the period commencing on 1 April 2014 and ending on 30 June 2014, sell electricity to a transitional customer at premises situated on mainland Tasmania, unless the person is –
(a) a regulated offer retailer (whether or not the person is the regulated offer retailer in respect of the premises); or
(b) a designated retailer in respect of the premises under the National Energy Retail Law (Tasmania).
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 1 000 penalty units; or
(b) an individual, a fine not exceeding 200 penalty units.
(3)  Subsections (1) and (2) do not apply in relation to –
(a) a person to whom section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies; or
(b) a sale of electricity to which section 23 of the National Energy Retail Law (Tasmania) Act 2012 applies or an offer to sell such electricity; or
(c) a person who is an exempt seller, within the meaning of the National Energy Retail Law (Tasmania), if the sale of electricity to which that subsection would otherwise apply is permitted, or not prohibited, by the terms of the exemption of the person.
(4)  A retailer authorisation under the National Energy Retail Law (Tasmania) is of no effect under that Law to the extent that it authorises, or purports to authorise, an authorised retailer to sell electricity to a customer in contravention of this section.
(5)  The Minister, by order –
(a) may specify conditions that must be satisfied before a transitional customer is permitted, during the period (in this section referred to as the transitional period ) specified in the order to be the transitional period, to cease to be a customer of an authorised retailer and to become a customer of another authorised retailer; and
(b) may specify that an authorised retailer must –
(i) at the request of another authorised retailer, provide, during the transitional period, the other authorised retailer with the information; and
(ii) establish and maintain, during the transitional period, systems of information management –
necessary or convenient to enable the other authorised retailer to determine whether the conditions specified in the order in accordance with paragraph (a) have been satisfied in relation to a transitional customer.
(6)  Without limiting the generality of subsection (5) , an order under that subsection may contain any one or more of the following conditions:
(a) a limit on the number of transitional customers who are permitted, in any period ( a specified period ), specified in the order, that occurs during the transitional period, to cease to be customers of an authorised retailer and to become customers of another authorised retailer;
(b) conditions relating to the sequence in which, and the time at which, transitional customers are permitted to cease to be customers of an authorised retailer, and to become customers of another authorised retailer, after the end of a specified period that occurs during the transitional period.
(7)  The period specified in an order under subsection (5) to be the transitional period is to be a period that –
(a) begins on 1 April 2014; and
(b) ends on a date, specified in the order, that occurs before 1 January 2015.
(8)  Nothing in any law of Tasmania authorises or requires an authorised retailer to –
(a) comply with a request by a transitional customer for electricity to be supplied to the premises of the customer; or
(b) submit or comply with a request, under the Retail Market Procedures, for the transfer to the authorised retailer of a transitional customer –
if the transfer of that customer to the authorised retailer would be inconsistent with a condition of an order made under subsection (5) .
(9)  In this section –
regulated offer retailer in respect of the premises means the regulated offer retailer who is, by virtue of an order under section 38B , the regulated offer retailer in respect of the premises;
Retail Market Procedures has the meaning it has in the National Electricity Rules;
transitional customer , in relation to premises –
(a) means a person who is, immediately before the commencement of this section, a non-contestable customer in relation to the premises; and
(b) includes a transitional prepayment meter customer;
transitional prepayment meter customer , in relation to premises, means a person who is, immediately before the commencement of this section, a customer to whom electricity was provided at the premises using a prepayment meter system within the meaning of the National Energy Retail Law (Tasmania).

38B.     Regulated offer retailers

(1)  The Minister may, by order, declare an authorised retailer to be a regulated offer retailer in respect of premises.
(2)  The Minister may make more than one order under subsection (1) , but each such order is to relate to a different authorised retailer.
(3)  An authorised retailer may be declared in an order under subsection (1) to be a regulated offer retailer –
(a) in respect of premises situated on mainland Tasmania or on a part of mainland Tasmania specified in the order; or
(b) in respect of premises of a type of premises specified in the order; or
(c) in respect of premises of a type of customer, specified in the order, for the premises; or
(d) in respect of premises for a period specified in the order –
or in respect of premises by virtue of a combination of the factors referred to in paragraphs (a) , (b) , (c) and (d) .
(4)  An authorised retailer may only be declared in an order under subsection (1) to be a regulated offer retailer if the retailer, any subsidiary of the retailer, or any related body corporate of the retailer, have between them more than 50,000 small customers at premises situated on mainland Tasmania.
(5)  For the avoidance of doubt, an order under subsection (1) continues to apply, unless it is revoked, even if the authorised retailer in relation to which it is made, any subsidiary of the retailer, or any related body corporate of the retailer, have, at any time after the order is made and while the order is in force, between them less than 50,000 small customers at premises situated on mainland Tasmania.
(6)  The Minister, by order, may revoke an order made under subsection (1) .
(7)  The Minister –
(a) is to be taken to have made, on and from the day on which this section comes into force, an order under subsection (1) declaring Aurora Retail to be a regulated offer retailer in respect of premises situated on mainland Tasmania; and
(b) may revoke under subsection (6) the order that the Minister is to be taken, in accordance with paragraph (a) , to have made under subsection (1) .
(8)  In this section –
related body corporate , in relation to a regulated offer retailer, means a person that is a related body corporate of the retailer under the Corporations Act;
subsidiary , in relation to a regulated offer retailer, means a person that is a subsidiary of the retailer under the Corporations Act.

38C.     Local area retailer

(1)  The Minister, by order, may declare a regulated offer retailer to be a local area retailer for this State for the purposes of the National Energy Retail Law (Tasmania).
(2)  The Minister, by order, may revoke an order made under subsection (1) .
(3)  The Minister –
(a) is to be taken to have made, on and from the day on which this section comes into force, an order under subsection (1) declaring Aurora Retail to be a local area retailer for this State for the purposes of the National Energy Retail Law (Tasmania); and
(b) may revoke under subsection (2) the order that the Minister is to be taken, in accordance with paragraph (a) , to have made under subsection (1) .



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]