Tasmanian Numbered Acts

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ELECTRICITY REFORM (IMPLEMENTATION) ACT 2013 (NO. 5 OF 2013) - SECT 17

Sections 43C , 43D , 43E and 43F inserted
After section 43B of the Principal Act , the following sections are inserted in Subdivision 3:

43C.     Interpretation of this Subdivision

In this Subdivision –
concession means a concession specified in a concession order;
concession order means an order made under section 43D ;
eligible person means a person who is a member of a class of eligible persons specified in a concession order to be a class of eligible persons;
relevant period means the period during which the user cost for which a concession is sought was incurred;
user cost means an amount payable (including any interest) in respect of electricity supplied to residential premises.

43D.     Concession orders

(1)  The Minister, by order, may determine –
(a) the class or classes of persons, members of which are to be eligible persons; and
(b) the concessions in relation to those user costs that are payable by members of the class of eligible persons specified in the order; and
(c) that authorised retailers are required to provide those concessions to those persons.
(2)  A concession specified in a concession order may be expressed –
(a) as a pro rata reduction of the user cost to which it applies; or
(b) as an amount that is payable in respect of, or that is to be deducted from, the user cost to which the order applies in relation to a particular period; or
(c) in any other manner.
(3)  Without limiting the subject matter or content of a concession order, a concession order may –
(a) be of general or limited application; and
(b) differ according to differences in time, place or circumstance; and
(c) be expressed to apply subject to conditions specified in the order; and
(d) specify the manner in which an application for the granting of a concession in relation to a particular user cost may be made.
(4)  If a concession order applies in relation to a user cost, an authorised retailer –
(a) to which the order applies; and
(b) that imposes the user cost on an eligible person to whom the order applies –
must provide the concession to the eligible person.
Penalty:  Fine not exceeding 200 penalty units.
(5)  A concession order takes effect –
(a) on the date that notice of the making of the order is published in the Gazette in accordance with the Rules Publication Act 1953 ; or
(b) if a later date is specified in the concession order, on that later date.
(6)  The Minister, by order, may revoke a concession order from the date specified in the revoking order as the date on which the concession is revoked.
(7)  Nothing in any law of Tasmania prevents the transfer, to an authorised retailer to whom a concession order relates, of information in relation to a customer in respect of whom a contract was transferred to the retailer in accordance with the Electricity Reform Act 2012 , if the information –
(a) was held by a person with whom the contract was made before the contract was so transferred; and
(b) is required for the purpose of determining whether the retailer must provide the concession to the customer or the amount of such a concession that must be so provided.
(8)  The Minister is to provide to each authorised retailer that retails electricity in the State a copy of each order made under this section.

43E.     Community service obligation agreements

(1)  The Minister may enter into a community service obligation agreement with an authorised retailer.
(2)  A community service obligation agreement with an authorised retailer is an agreement that sets out the circumstances, and the manner, in which –
(a) the retailer will comply with a concession order that applies to the retailer; and
(b) the Minister will reimburse to the retailer the amount of the concessions granted in accordance with the concession order.
(3)  An agreement entered into under subsection (1) is for the period, and is subject to the terms and conditions, determined by the parties to the agreement.

43F.     Reimbursement of concessions

(1)  The Minister must ensure that an authorised retailer is reimbursed by the State for the concessions granted by the retailer in accordance with a concession order.
(2)  If there is an agreement entered into with an authorised retailer under section 43E(1) , the reimbursement to the authorised retailer is to be in accordance with the agreement.



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