(1)  An electricity retailer is entitled to recover a total amount that a tariff customer was undercharged if the undercharging resulted from inaccurate metering of consumption which was caused by fraud or tampering with the metering equipment on the part of the customer or a person acting with the express or implied consent of the customer.

(2)  An electricity retailer is entitled to recover an amount that a tariff customer was undercharged, over a maximum period of 12 months before the date of the discovery of the undercharging, if the undercharging resulted from inaccurate metering of consumption which was caused by circumstances other than the circumstances referred to in subregulation (1) .

(3)  To recover the amount of an undercharge, an electricity retailer must –

(a) include the amount, separately itemised –

(i) in the first electricity account given to the customer after the discovery of the undercharge; or

(ii) in a special account for the undercharge; and

(b) in a case to which subregulation (2) applies, provide in the electricity account or special account an explanation as to how the undercharge arose; and

(c) provide in the electricity account or special account a full explanation as to how the amount of the undercharge has been calculated; and

(d) in a case to which subregulation (2) applies –

(i) if the undercharging occurred for a period of 30 days or less, allow the customer at least 30 days after the date of the account or special account in which to pay the amount; or

(ii) if the undercharging occurred for more than 30 days, allow the customer at least the same period from the date of the account or special account in which to pay the amount as the period during which the undercharging occurred.

(4)  An electricity retailer is not entitled to claim interest on the amount of an undercharge except in a case to which subregulation (1) applies.

(5)  Any interest claimed is to be calculated on a basis approved by the Regulator.